Training rights in soccer in Colombia
In this work we analyze resolution 3600 of the Colombian Football Federation that modified the training law in this country.
Here we analyze when the training fee must be paid, how the payment is calculated, what are the training periods, the prevalence of COMET, when the training fee may not be paid, what is the payment for the participation of a player in the selection. Colombian, when should you pay, etc.
Resolution 3600 of January 16, 2017 amended the legislation on training law in Colombia.
This right is regulated in articles 34 and 35 of the Colombian player statute.
When should the training fee be paid?
The club or clubs that participated in the formation of a player will be paid according to the following criteria:
1.1- The player must sign his first professional contract according to article 2 of this statute, and register it as such in the COMET system, before the end of the 23rd birthday season.
In order for a player to be considered professional, he must sign a written employment contract with the club and receive an amount equal to or greater than a legal monthly minimum wage in force, since any other player is considered
1.2- Calculation: The calculated sum is from the first enrollment in the Comet system between the 12th birthday season and until the end of the 21st birthday season.
1.3- Associated Club: To be entitled to this right, clubs must be affiliated with a league or with Colfutbol, registered in the Comet, and must have valid sports recognition during the relevant training period and at the time of the claim.
1.4- Training period: If the player was not registered in an official competition, this time should not be calculated for the training right.
1.5- COMET prevalence: If the dates do not coincide between the signing of the contract and the player's registration as a professional in the COMET system, the date of the latter prevails.
When the training fee may not be paid
The contracting club must establish it in writing, expressly and unequivocally with the training clubs.
For the purposes of evidence, the agreement must be registered with Colfutbol.
Article 35: value and method of payment
It will be paid as follows:
1- in the birthday seasons from 12 to 15, the contracting club pays the value of 6 minimum wages, legal monthly in force at the time of signing the contract and registration in the COMET system, for each year of training.
2- In the birthday season from 16 to 21, the contracting club pays the value of 12 legal monthly minimum wages in force at the time of signing the contract and registration in COMET as a professional player, for each year of training.
3- Participation in the selection
If at the time of signing the employment contract the player participates in any Colombian team in official CONMEBOL or FIFA competitions, the value of the training compensation is doubled.
4- When should you pay
The value of the training indemnity must be recorded within 30 days of its causation in a training club account, and cannot be deposited in personal or legal accounts outside the training club's.
The Jarlan Barrera case and training rights
The first claim is made by the Youth Sports Club of the Americas, Lima, Peru before the Colombian Football Federation, in the Player Status Commission.
This is declared incompetent and does not address the underlying issue, referring the issue to the National Chamber for Dispute Resolution (CNRD) of the FCF.
However, this had not yet been created.
The Peruvian Club appears before the Constitutional Judge of first instance who orders the CNRD to be constituted and deal with the problem.
However, the organs of the Colombian Football Federation order the file of the file without resolving the situation.
The club arrives at the Constitutional Court of Colombia who admits the demand and orders the constitution of the CNRD of the Colombian Football Federation and urges it that if in 6 months it does not resolve the proposal, it must pay the costs so that it is resolved in the Court of Arbitration for Sport, a matter that happened The Court of Arbitration for Sport (TAS) resolves:
Partially accept the appeal filed by the Youth Sports Club of the Americas against the decision issued on March 11, 2019 by the sole Referee of the Colombian Football Federation.
Revoke the decision issued on March 11, 2019 by the sole Referee of the Colombian Football Federation.
Condemn the Club Deportivo Popular Junior FCSA, to pay the Club Deportivo Juventud de las Américas COP $ 36,083,600 for the compensation for training related to the player Jarlan Junior Barrera Escalona, plus 5% annual interest on said amount from 15 October 2014.
Impose the costs of this arbitration, to be determined later by the TAS Secretariat, entirely to the Club Deportivo Popular Junior FCSA
Condemn the Club Deportivo Popular Junior FCSA to cover the Club Deportivo Juventud de las Américas CHF 3,000 [Swiss francs] as a contribution to its legal and other costs incurred in these proceedings.
Dismiss any other claims of the parties.
Seat of arbitration: Lausanne,
Date: March 30, 2020
SPORTS ARBITRATION COURT