The Rights of formation in football
Hacé click sobre la bandera de interés para leer el derecho de formación en ese país
The present work analyzes the training rights in soccer.
When due and when compensation should not be paid, the person responsible for payment, costs, calculations and compensation requirements for training.
It also mentions cases of jurisprudence and where compensation is claimed.
Likewise, the work enumerates the causes of payment exemption, those who are entitled to payment and those who are obliged to pay compensation.
We analyze the FIFA circulars, the provisions for the European Union, the special bulletin 3886 and the 5551 of AFA.
The work culminates with the national law 27211, with the rights of training in football in Spain, the training rights in women's soccer and the adequacy of MLS (Major League Soccer) to the rules of the "FIFA regime".
The provisions of FIFA
Article 20 of the RETJ says that:
The compensation for training will be paid to the club or clubs that train
Player: 1) when a player signs his first professional contract and 2) by
Each transfer of a professional player until the end of the season
In which he turns 23 years old. The obligation to pay compensation for
Training arises even if the transfer takes place during or at the end of the
Contract. The provisions on compensation for training are laid down
In annex 4 of this regulation
Annex 4 of the RETJ-regulation on the statute and the transfer of players- says that training takes place between 12 and 23 years, for the training carried out until the age of 21, unless the training has been completed before.
The obligation to pay compensation for training exists without prejudice to any other obligation to pay compensation for breach of contract.
When compensation for training is due
A <when the player signs up for the first time as a professional player.
B <when an international transfer is made, during the contract or at the end.
Before the end of the season of his 23 birthday.
When compensation for training is not due
A <If the previous club resigns without just cause.
B <if transferred to a club in the fourth category.
C <If the player goes from professional to amateur.
In case of first registration, the club that registers it pays the compensation, having thirty days from the inscription.
The obligation to pay is to all clubs in the player's passport, pro rata, from 12 years
In case of subsequent transfer, the compensation must be paid only to the player's previous club for the period he played there.
If any of the clubs no longer exists the compensation is charged by the Association and this amount must go to the training of players.
Costs of compensation for training
To calculate compensation for training, clubs are classified in a maximum of four categories according to their investments.
Each category has a cost, corresponding to the sum required to form a player during a year, multiplied by "player factor", which is the number of players that must be formed to produce a professional player.
The costs of training established by confederation for each category of a club, as well as the categorization of the clubs, are published on the official FIFA website.
Calculation of compensation for training. General rule
The expenses that would have had to make the current club for the formation of the player are considered. A) The first time a player registers as a professional.
In this case the training compensation is calculated the costs of the new club's category multiplied by the years of training from 12 to 21 years.
B) In the subsequent transfers the compensation is paid to the previous club for the years it was there.
Training between 12 and 15 years is based on clubs in the fourth category so that the cost is not so high.
In the European Union if a player moves from a lower category to a higher one to calculate the compensation, an average is made between both categories.
If a player moves from a higher category to a lower one, the compensation is calculated by the lower category.
If the previous club does not offer a contract to the player does not charge compensation for training. The club must offer a contract similar to the previous one within 60 days of the end of the contract. The above clubs have the right to collect compensation.
When the compensation for training is accrued
The TAS on December 2, 2016, issued an award in the Catania vs. Catania case. Montevideo Wanders FC.
The case was that the Catania enrolls the player in July when he was already in the second division, so this club intended to pay 60,000 euros per year. However, the player Juan Manuel Ramos signs his first professional contract on January 31, 2014 when the Catania was in the series A, so the amount for compensation for training was 90,000 euros per year.
The subject was that the contract signed in January, Catania in series A, was registered in July, said club descended.
The TAS-COURT OF SPORTS ARBITRATION- argues that the birth of the compensation corresponds to the signing of the professional contract.
Basis of the ruling
There would be a new hybrid category of players not provided for in art. 20 RETJ.
If the club for which you never sign or register and transfer it to another club that registers it, who pays the compensation for training?
What would happen if you register after 2 years, prescribing the action of the training club.
The door opens to abuse, as in this case.
Where compensation for training is claimed
Through the TMS-TRANSPORTATION MANAGEMENT SYSTEM-, FIFA established a specific sub-commission appointed by the dispute resolution chamber to resolve compensation for training as soon as possible.
Bosman, the end of the right of retention
In 1990 the Belgian club (real football club) of Liège, agreed with the French club (sports union
Dunkerque), the transfer of the Belgian Jean Marc Bosman
Both clubs signed a contract and agreed on the amount of compensation. But the transfer did not come to fruition and Bosman stayed at the Belgian club. The player initiates legal actions to have the freedom to contract.
On December 15, 1995, the Court of Justice of the European Union ruled against the right of retention as it violates the right of free movement of community workers, within the European community.
After the change, the federative right ceased to have value and labor law came to have value, the validity of the employment contract
To compensate the training clubs, FIFA creates two institutes. The right to training and the solidarity mechanism
Requirements for compensation per player
It has to be a professional player
Transfer between different associations, because if the player transfers between clubs of the same association, the FIFA rules do not apply, but the labor law.
The transfer can be during the contract or finalized, that is, it is paid when the player acquires the status of free.
The compensation for training is paid until the end of the season in which the player turns 23.
Definitive transfers and loans
According to FIFA regulations in both situations such compensation is paid.
However, the jurisprudence (Chamber of dispute) in 2008 said that the loans do not correspond, because the contract with the previous club is valid, beyond suspending its effects for the duration of the loan.
Causes for exemption from payment
Annex 4 of the TRTJ includes three grounds for exemption from payment of compensation for training.
Termination of contract without just cause, without prejudice to payment to previous clubs.
If the transfer is made to a club in the fourth category. Each Association categorizes its clubs into four categories according to the investments made in the training. In general, the clubs in the fourth category are amateurs or very humble professionals who can not pay compensation for training. C) When the player returns to be amateurs.
Those who are legitimized to collect
All the clubs that formed the player when the player signs his first contract. They charge from 12 to 21 years old. In order to charge the clubs, they must be affiliated with associations that are members of FIFA. Then clubs that are not affiliated with such associations can not request compensation for training.
If the clubs no longer exist, the association to which the club belonged is legitimized, and that amount must be invested in the training of players.
In the case of a transfer of the player before the end of the player's 23-year season, the previous club exclusively, whether it is club to club, or if the player is free (except termination without just cause).
Who is obliged to pay compensation
The person liable for payment is the new club, and the compensation must be paid within 30 days of the player's registration.
As we said to calculate the compensation, the expenses that the new club had had in the formation and the category of the new club given by its own association are considered.
To lower the costs of compensation, the formation of the seasons from 12 to 15 years takes the value given to the clubs in the fourth category.
The Renunciability in the right to training
Although for one sector of the doctrine compensation is irrevocable, for another sector it is waived, provided that the requirements that the jurisprudence of the dispute resolution chamber (CRD) of FIFA has ruled.
For the CRD the waiver applies if the training club unequivocally demonstrated the intention to renounce claiming said rights.
This waiver according to the CRD must be specific. In Case CAS / A / 811 between Galatasaray VS MSV Duisburg, the first affirmed that he did not have to pay such compensation since the latter signed a document in which he expressed that the contract expired on June 30, 2002 and that there are no more transfer payment installments ^^.
Both the CRD and the CAS confirmed that since the intention to resign or even present a claim was not specified in this case, it could not be understood that Galatasaray was exempt from payment. The training club only certified that the document referred to the payment installments of the transfers, but not explicitly about the payment of training fees.
In decision 105377 of the CRD the club was arguing that it should not pay this compensation because a leader of the training club gave the player's representative a letter stating that the player will be free and out of any contract, in this case the CRD decided to condemn to pay compensation for training since the letter was not clear to determine a waiver of training rights.
In decision 25528a, a club managed to avoid payment of the present compensation because the training club, in a letter affirmed that ^^ the club will not have any claim against the player or the new club ^^.
For the CRD to say by ^ ^ no claim ^ ^ includes compensation for training, not being able to exercise the claim club trainer.
In the case 106574 the CRD dictated similarly since the training club would have delivered a document stating that ^^ no financial compensation is required for the player ^^.
The CRD understood that this phrase also referred to the right to training and could not receive any compensation for training rights.
Notwithstanding the foregoing, it should be clarified that the CRD uses the principle of ^ ^ case by case ^ ^ taking into account the arguments of the parties and the documents they present.
FIFA circulars for categorization
Each member association must categorize their clubs according to the investments they make in the training of young players. This categorization should be reviewed at the end of each year. The attached table shows the categories in which the associations of each confederation must order their clubs, as well as the compensation for training corresponding to each club category in each of the confederations.
Provisions for the European Union, when there is transfer from one association to another
In the case where a player is transferred from a lower category club to another higher category club the compensation for training is equal to the average of the training costs of the two clubs (unless the previous club does not offer the player contract, in writing before 60 days.
In the case that the player passes from a club of superior category to another club of inferior category the indemnification is calculated by the club of inferior category.
The competent legal body in the claim for compensation for training is the Dispute Resolution Commission, the procedural costs must be advanced. If the claim is less than 50,000 Swiss Francs, there are no costs. If this figure exceeds the procedural costs go from 2000 to 5000 Swiss Francs.
If the contract of transfer between two clubs says nothing regarding compensation for training it is understood that it is included in the transfer and the previous club can not claim it, unless it is proven that both clubs did not want to put it in the price of said transfer.
Theory of reality
Beyond what the contract says, the jurisprudence goes the facts in relation to whether a contract is professional or amateur.
Loan assignment does not give rights to compensation for training.
In turn, the club that gave the player must discount the time it was assigned when claiming compensation, since during that time it was not formed.
Club bridge. Simulations
To pay less compensation for training a figurative sale is made to a club of low category and then sold to another category to reduce the amount of compensation. However, the jurisprudence says that who pays is the club that makes the first professional contract, so it has no tools to avoid that simulation.
Categorization by confederations
As we saw in the FIFA table, the ASIAN, AFRICAN, CONCACAF, OCEANIA confederations do not have countries in category 1.
In CONMEBOL, in category 1 there are only two countries, Brazil and Argentina.
In category 2, in addition to the two previous countries, there are Chile and Uruguay, all the other countries of this confederation are category 3 and 4.
In UEFA, in the number 1 category are England, France, Spain, Italy and the Netherlands.
AFA 3886 SPECIAL BULLETIN
This regulation of AFA remains as a legal precedent since it is in disuse. The Afa issued a new regulation through bulletin 5551 that is later in the work.
AFA creates the compensation department for training.
The compensation corresponds when the player becomes a professional.
The party liable for payment is the club with which the player signs the first contract and that club for which they were subsequently registered by transfer or new club.
The beneficiary clubs are those affiliated with the AFA, directly or indirectly, that trained the player between 12 and 21 years of age.
The compensation must be deposited in AFA, which charges 2 percent of the operation.
The calculation is derived by multiplying the cost of training a player by the average of a player factor. This is determined by the percentage of players that it is necessary to train for the club to obtain a professional player.
The criterion of the calculation is through the subsidies paid to the players (pensions, health insurance), social taxes, educational expenses and their trips, training camps, training trips, gymnasiums, expenses in costumes, etc., equipment ( t-shirts, balls), personnel expenses (technicians, doctors, administrative staff, props, etc.), medicines.
The clubs are divided into categories according to the investment in training.
Category 1, first division clubs
Category2, national B clubs
Category 3, clubs of the first B
Category 4, clubs of the first C, D, and affiliated leagues
The club category is taken at the time the player signs the contract.
You pay up to 23 years of age for training up to 21 years old, unless the training ends before a professional contract.
The training periods are distributed as follows.
Of the 12, 13 and 14 years is 5 percent
Of the 15, 16, 17, it's 10 percent
Of the 18, 19,20 and 21 is 15 percent.
The compensation for training in the first contract is paid on a pro-rata basis to all the training clubs.
In the case of subsequent transfers, a percentage must be paid to the training clubs on the transfer value (it is prorated).
The AFA retains compensation for training if no one claims for 2 years or because the relationship between the club and player is not established. That money has to have as a destination the training of players.
AFA may retain TV rights or tickets as a sanction to anyone who does not pay the compensation. If in 6 months the compensation for training was not paid, the player is disqualified and the club can not hire players from its lower divisions or third parties.
The disabled player can calculate the freedom of contract.
The AFA Training Compensation Department must1) determine the compensation calculation by category and update it annually.2) inform the beneficiary clubs and who must pay.3) Receive compensation.4) Report breaches.5) Submit to the committee executive the change of category of a club and the player factor of each category.
If there is discussion in the amounts the Department gives 10 consecutive days to resolve. The term is extended by 1 day for every 100 kilometers of the AFA's domicile.
This Department is appointed by the executive committee, lasts 2 years and has 3 members (at least one has to be an accountant).
AFA keeps a record of the player's first contract and definitive transfer, as well as his data and clubs where he was formed.
AMOUNTS OF COMPENSATION FOR TRAINING
Category 1, first division players, 80,000 pesos
Category 2, first National B players, 40,000 pesos
Category 3, players of first B, weights 20,000
Category 4, players who play in categories C, D and leagues, do not charge for being amateur players.
National Law 27211
The law recognizes non-profit civil associations and simple associations that exercise sports training and that will receive compensation for their activity in cash or in kind.
The recognized period of compensation is between the calendar year of the player's ninth birthday and the calendar year of the eighteenth, both included.
The compensation corresponds when the athlete is an amateur and celebrates the first professional contract or when being a professional, each time a transfer occurs to another sports entity, retaining the same status or every time a new contract is celebrated.
The party liable to pay must do so within 30 days of the legal event that generated the benefit. This right is inalienable and can not be assigned to third parties, any act to the contrary renders it null and void.
The statute of limitations of the action is two years after the registration of the athlete. If the contract is not registered it is from the celebration of the contract.
If this right is not claimed by the sports entity, its respective association can do it and has 6 more months to claim.
The income obtained from this action must be used to promote amateur youth sports.
In case of conflict between the law and the regulations of the association, the one that is most favorable for the holder of the sports deformation right applies.
The regulation of the association must contemplate an effective execution procedure that includes sports sanctions for non-compliance.
The filing of the claim with the respective association interrupts the limitation period.
The federal regulation can not establish a compensatory amount lower than the parameters of this law.
The sum to be compensated is the result of applying a five percent on the gross value of the total payment and for all concepts including bonuses, prizes and other remunerations, that the athlete receives for his activity during the entire period contemplated in the contract.
For the sole purpose of liquidating the compensation, at least a three-year contract is taken
Whenever there is a transfer of federative rights to another entity retaining the same status, or each time a new contract is signed the sports entity of destination must pay the training entities the resulting sum of applying 5 percent of the value gross of the transfer.
If the value of the transfer is not known, it must be determined by the gross value of the contract.
If neither is known, 36 vital and mobile minimum wages are taken.
When there is an onerous assignment of percentages of future transfer to third parties, the assignor must retain 5 percent of the gross amount received for the assignment and must pay the right to training the training entities
If there is more than one training entity, the compensation is distributed pro rata as follows: 10 percent for each year of the athlete's ninth birthday until the 18th birthday inclusive.
Fines for inaccuracy range from 25 percent to 100 percent of the total amount of compensation. The provision does not exempt the debtor from completing with the entire compensation.
The associations must register the professional contracts that they have celebrated.
The holder of the action may exercise the rights before the ordinary courts or before an autonomous arbitral tribunal, independent from the federal sphere and specialized in the sports field.
SPECIAL BULLETIN N ° 5551
REGULATION OF COMPENSATION FOR THE FORMATION OF YOUNG PLAYERS IN THE FIELD OF THE ARGENTINE FOOTBALL
- Approved by the Executive Committee on 18.10.2018, Bulletin 5550 -
CHAPTER I SCOPE OF APPLICATION
Article 1: This regulation regulates the compensation regime for training young players and solidarity mechanism in the field of Argentine football.It is applicable to all clubs affiliated directly and indirectly to the Argentine Football Association.
CHAPTER II DEFINITIONS AND PRINCIPLES
Article 2: The compensation for the training of young players - from now on, compensation for training - will be paid to the club or clubs that train a player, when he signs his first professional contract before the end of the season in which the player reaches the age of 23 old.
Article 3: The compensation for solidarity mechanism shall be paid when a professional player is transferred onerously between two clubs directly or indirectly affiliated with the Argentine Football Association, during the term of their contract.
Article 4: The compensation for training or application of the solidarity mechanism are not subject to transfer to third parties, whether or not these clubs. Their perception can only be claimed by the club or the clubs that are the holders of the corresponding rights, according to the guidelines established in these regulations. Any assignment that is subscribed, will be considered null.
CHAPTER III ON COMPENSATION FOR TRAINING
Article 5: The beneficiaries of the compensation for training will be the clubs directly or indirectly affiliated to AFA that would have participated effectively in the education and training of a player between the season in which he turned 12 and 21 years of age. The compensation for training will be paid provided that the first professional contract is signed before the end of the season in which the player reaches the age of 23 for the training carried out until the end of the season in which he reaches 21 years of age, except that a player has completed his training process before the end of the season in which he turns 21. In the latter case, the calculation of compensation for training will be carried out taking into account the years between the 12 years of age and that in which it is actually shown that the player completed his training. It will be understood, for the purposes of the provisions of this Regulation, as a professional contract to one who is registered as such before the Argentine Football Association.
Article 6: Only those clubs directly or indirectly affiliated to AFA may claim compensation for training that, at the moment the player signs the first professional contract, they are disputing official competitions in a category lower than the required club. In case some portion of the amountcorresponding for training rights can not be claimed by application of the provisions above, it will be in favor of the new club.
Article 7: The club in which the player with the first contract as a professional is enrolled is obliged to pay compensation for training. The amount to be paid will be calculated pro rata, depending on the training time of the player in each club. Payment to the beneficiaries must be made within 30 (thirty) calendar days following compliance with the conditions to which they are subject, in accordance with the provisions of this article.
Article 8: If the training club, within the framework of the autonomy of the will, has agreed with the new club compensation for the signing of the player's first professional contract, this amount will be deducted from the amount to be paid until the concurrence of both. In the event that the amount voluntarily agreed is greater than the amount of compensation for training, the training club will not be entitled to claim any additional amount and the party liable for payment must pay the agreement voluntarily in accordance with the conditions established in the document duly signed by the parts.
Article 9: The compensation for training must be calculated according to the training costs of the club with which he signs the first professional contract, taking into consideration that the clubs are divided into four categories, namely: CATEGORY I: Clubs of the First Division , participants in the Superliga. CATEGORY II. Clubs of First B National or second category. CATEGORY III: Clubs of First B Metropolitan and Federal Tournament "A" or third category. CATEGORY IV: First "C" clubs, First "D" and affiliated leagues.
Article 10: The training costs corresponding to each category for each year of training will be the following: CATEGORY I: an amount equivalent to the value of 1.5 (one and a half) minimum contract of a professional player of First Division A or Super League (first category) ) for each year of training CATEGORY II: an amount equivalent to the value of 1.5 (one and a half) minimum contract of a professional player of First National B (second category) for each year of training CATEGORY III: an amount equivalent to the value of 1.5 (one and a half) minimum contract of a professional player of First B Metropolitan or Federal A (third category) for each year of training CATEGORY IV: IV category clubs do not pay training fees.
Article 11: There will be no compensation for training if the player signs the first professional contract with a club in the IV category.
CHAPTER IV THE SOLIDARITY MECHANISM
Article 12: If a professional player is transferred definitively or temporarily between clubs affiliated directly and indirectly to the Argentine Football Association, onerously, during the term of a contract, five percent (5%) of the price net of any sum paid to the previous club, will be deducted from the total amount and will be distributed by the new club as a mechanism of solidarity between the club or clubs, directly and indirectly affiliated with the Argentine Football Association, which over the years They have trained and educated the player. Any sum paid by the new club to the previous club as compensation for training and / or expenses or taxes inherent to the transfer will be excluded from the solidarity mechanism.
Article 13: This solidarity contribution will be made proportionally, depending on the number of years the player has been registered in each club during the seasons between the age of 12 and 23, as follows: Season of the 12th birthday: 10% (ie 0.50% of the total compensation) Season of the 13th birthday: 10% (ie 0.50% of the total compensation) Season of the 14th birthday: 10% (ie 0.50% of the total compensation) Season of the 15th birthday: 10% (ie 0.50% of the total compensation) t empowered of the 16th birthday: 10% (ie 0.50% of the total compensation) Season of the 17th birthday: 10% (ie 0.50% of the compensation) total) Season of the 18th birthday: 10% (ie 0.50% of the total compensation) Season of the 19th birthday: 10% (ie 0.50% of the total compensation) Season of the 20th birthday: 5% (ie 0.25) % of the total compensation) Season of the 21st birthday: 5% (ie 0.25% of the total compensation) Season of the 22nd birthday: 5% (ie 0.25% of the total compensation) Season of the 23rd birthday: 5% (ie 0.25% of the total compensation)
Only those clubs directly or indirectly affiliated with AFA that, at the time the player is transferred, may be claiming the official contribution in a category lower than the required club may claim the solidarity contribution. In case any portion of five percent (5%) can not be claimed by application of the provisions above, it will be in favor of the new club. Article 14: If the training club, within the framework of the autonomy of the will, has agreed with the club that transfers to the player a recognition of a percentage of the economic benefits derived from a future transfer of the player superior to the percentage that corresponds to him in Solidarity mechanism concept, will not have the right to claim any additional amount, the club that transfers must pay the agreement voluntarily in accordance with the conditions established in the document duly signed by the parties. If the percentage agreed voluntarily between the club of origin and the training club is less than the percentage that corresponds to the trainer as a solidarity mechanism, it must be taken by the person liable to pay the indemnity amount.
Article 15: The new club must pay the club or the training clubs the solidarity mechanism in accordance with the preceding provisions, at the latest within 30 calendar days following the registration of the player with the new club in the Argentine Football Association or, in the case of partial payments, 30 calendar days after the effective collection date of said payments. It is the responsibility of the new club to calculate the amount of the solidarity mechanism and distribute it according to the history of the player's career, as it appears in the player's passport, the Argentine Football Association must provide the clubs, at no cost, with the passport of the player to those effects through the Comet system. If necessary, the player will assist the new club to comply with this obligation. It is the responsibility of the home club to inform the new club in case there is an agreement / s where it is agreed with the / the club / s trainer / is the recognition of a percentage of the economic benefits derived from a future transfer of the player.
Article 16: In the event that a player unilaterally terminates the contract without cause attributable to the club, provided the rescission clause or there is some compensation compensation provided in the contract in favor of the club, the amount of it is considered as value transfer for the purpose of payment of the solidarity mechanism, as long as it signs a new contract with another club affiliated directly or indirectly with the Argentine Football Association, in which case the latter will be responsible for the payment of the solidarity mechanism.
Article 17: When the termination of the link between a club and a player takes place by mutual agreement of the parties and debts between the parties are compensated or there is some type of compensatory compensation in favor of the club of origin, the net amount of compensation or compensation, as the case may be, is what is considered as transfer value for the purpose of payment of the solidarity mechanism, provided that it signs a new contract with another club affiliated directly or indirectly with the Argentine Football Association, in which case it The latter will be responsible for the payment of the solidarity mechanism.
CHAPTER V COMMON PROVISIONS
Article 18: Prescription The right to request compensation for training and / or solidarity mechanism prescribes two (2) years from the date of the event that gives rise, in accordance with the provisions of this Regulation.
Article 19: Processing. Resolution of Disputes The processing of claims for compensation for training and solidarity mechanism will be carried out by clubs and / or leagues through the COMA system of AFA. To this end, the Executive Committee of AFA will issue a procedure code, which will be an integral part of this Regulation.
The Dispute Resolution Body (ENT) will be the competent body to resolve issues that may arise with respect to the dissatisfaction of the beneficiary clubs or those obliged to pay with respect to compensation calculations, amounts, payment proportions or any other subject of dispute. The ENT must resolve the matter within the term of 15 calendar days since the COMET system will raise the complete background of the case. The ORL resolutions will be subject to appeal before the AFA Court of Appeals within a period of 5 calendar days of notification thereof.
Article 20: Retention of Funds. If the payment is not made under the terms and conditions indicated -and after announcement by AFA and / or Superliga for compliance within 10 consecutive days- the AFA or the Superliga (which corresponds according to the category of the club) will be empowered. to withhold from the delinquent club the sums owed that correspond to it for distribution of audiovisual rights or for any other concept, for its immediate transfer to the training club.
Article 21: Disciplinary Measures. If for any reason, the AFA or the Superliga can not withhold from the distribution of audiovisual rights or any other concept, the amount owed by the non-compliant to the trainer, the antecedents will be raised to the Disciplinary Court of AFA who may impose sanctions disciplines to the clubs that do not fulfill the obligations stipulated in the present.
Article 22: Entry into force. These regulations will become effective as of their publication in the AFA Bulletin and will supersede the one approved in Bulletin N 3886 dated 23.05.2006, which is repealed.
AFA Official Bulletin n ° 5597
The procedures for compensation for the training of young players will be processed in the management of the COMET system, which will also issue the sports passport through the use of the system (Article 3 of this bulletin).
The COMET is a software authorized by FIFA that was created in 2003 and came to South America in 2014 as a process towards modernization, as expressed by CONMEBOL on its official website. COMET enables the registration and administration processes of all football players, organizations and facilities, the most important of which are footballers.
First judicial ruling in favor of Bochofilo Bochazo
Dr. Juan Carlos Marchese, judge of Judicial Circuit No. 29 of San Vicente, decided to apply for the first time in the Argentine Republic the National Law 27.211 of Sports Training Rights, for what a big club of the Superliga -Students of La Plata - must pay the club Bochafilo Bochazo of the Rafaelina League a significant amount of pesos for the beginnings of the player Facundo Sánchez. Although the "Pincharrata" will appeal the measure, the ruling is unprecedented for the native football.
Facundo Sánchez, the first case
This first claim of Bochafilo Bochazo was born because he had in his school Facundo Sánchez, now a professional player in Estudiantes de La Plata.
Union football club (Totora) C / Club Atletico River Plate S / sum of money for training fees
In the year 2006 AFA publishes the bulletin 3886 (that is commented in this work), where it establishes that the claims must be made through the department of compensation for formation (Articles 14 and 15 of the decree) that had to be created, but this institution never it was created and there was never any claim for training rights, internally.
In turn, AFA prohibits requesting these rights through the ordinary judicial channels.
River presents and makes a general and particular refusal of the facts: It raises exception of incompetence and legal defect.
River states that the regulation of AFA should be applied and not law 27211.
The River Arguments
1- River does not know the certificate issued by the regional football league of Totorense, since it can not be established that the player has been registered authentically and federatively in the League.
2- They did not present a copy of the good faith list or match templates that certify that training.
3- I do not credit by any means the real signing of the player in the football club union.
4- The plaintiff did not initiate the petition in AFA.
5- River raises the unconstitutionality of articles, 6,7,18,23 and 29 of law 27211.
Result of the court ruling
The judge rejects the constitutionality of the Law exerted by river, is declared competent and rejects the exception of legal defect.
The justice gives by credited that the player was registered in the regional totorense league from the 8 years of age and the calculation of indemnification must be given from the 9.
The contract of transfer of the federative right of the player Nicolas Domingo was made, for a transfer value of $ 4,900,000 in favor of the Banfield club and the total gross value is of $ 6257300.
The basis of the calculation must be made from the 9 years of age of the player and until February 25, 2000 taking the total gross amount of the contract plus interest arrears.
Payment must be made within 30 days, that is, starting on February 7, 2016.
The costs correspond to pay the defendant.
Failure of the National Chamber of Appeals in the case River vs. Unión Fútbol Club
Room C of the national chamber of appeals in civil matters confirms the first instance decision that enshrines the rights of formation in Argentina.
The condemnation of Club River is confirmed for the collection of the training rights of footballer Nicolás Domingo.
The calculation of payment is made from the age of 9 years of the player until the transfer to the club Hernesto Duchinni FC (Santa Fe Club).
The constitutionality of the law 27211 that established the rights of formation in the Argentine sport is validated.
As it was said in the first instance, River is forced to pay the sum of $ 200,000 of capital, plus interests and costs, for the transfer of the player Domingo to Banfield for a value of 6.2 million pesos, applying 0.5% for each of the years of training.
The Argentine Congress issued an autonomous rule of FIFA's statutes with criteria different from those of that institution :, and the Argentine justice system has begun to apply it.
THE FAILURE OF TAS IN FAVOR OF WORKSHOPS OF CORDOBA BY THE PASTORE PLAYER. January 19, 2015
The award gives the reason to Workshops against Palermo. Pastore today at PSG, he arrived at Palermo as a free player. Pastore signed the first contract with Workshops on July 8, 1999 until June 30, 2009, but from November 3, 2007 to June 30, 2009, it was loaned to the Huracan Club. That is to say, as Pastore was 20 years old on arrival in Palermo and it was not his first registration as a professional player, only the compensation paid by the player's previous club for the time he trained in that club. But, what is the previous club, if the contract expiration date between Talleres and Huracán is the same.
The Palermo raises that when a club headquarters to loan to a player loses the rights of indemnification by formation, and only it has said compensation when the player returns. The TAS considers that the training fees must be paid for all the years in which the player was in the club, discounting the time in which he went on loan. The Panionios case does not apply because in that case the transfer was definitive and then returned to the club of origin.
The CAS says that the Dundee case applies (CAS2013-A-3119), both FIFA and TAS contend that the loan of a player from their club of origin to another club does not interrupt the training period and therefore has the right to training.
Training rights in Spain
Article 14.1 of Royal Decree 1006-1985 says "For the case that after the expiration of the contract by expiration of the agreed time the athlete stipulates a new contract with another club, by collective agreement may be agreed the existence of compensation for preparation or formation, corresponding to the new club its payment to the one of origin ".
That is, it is left to the discretion of the parties signing the collective agreement, if nothing says the club of origin can not be rewarded.
In article 18 of the collective agreement of the soccer player establishes that the club of origin can only claim for training rights to the club of destination if the player has finalized contract.
This article forgets the clubs that have trained the player since only the club of origin is entitled.
Article 118 of the rules of the RFEF says that all training clubs will be rewarded for training rights but the sums are minimal and laughable if one takes into account the amounts that move in the Spanish market and the expenses that training player training .
AMOUNTS TO PAY
The amount of training fees are determined by the destination club, with the following scale
First division 52.6220.26 euros
Second division 23,002.80 euros
Other divisions 500.00 euros
Training rights in women's soccer
FIFA has notified the federations that women's football has no training rights, this is motivated by the fact that it could undermine their development since it would mean the disbursement of money and this would harm the growth of women's football, this decision changed the article 20 of the RETJ to which it has been added that the principles of compensation for training are not applicable to women's soccer.
The clubs are exempt from the payment of the players.
To our knowledge this allows the most powerful clubs to benefit from the training work of the smaller clubs without paying for them.
The dispute resolution chamber of FIFA has said that:
1- The training costs of women's soccer are excessively lower than those of men's soccer, so it would be unfair and harmful for the development of women's sport.
2-The magnitude of women's soccer is far from being comparable with men's soccer
3-The current situation of women's soccer can be comparable to the futsal modality, to which the right to training in international transfers is not applied.
In our opinion, not recognizing the investment and sacrifice of the training clubs significantly harms the development of women's soccer.
MLS (Major League Soccer) of the United States conforms to the rules of the so-called "FIFA regime"
This league will collect and pay the training fees in their transfers.
The measure is implemented as a defense for the flight of its young players.
There were resounding cases in which promising youngsters of American football signed their first contract in Europe, thus seeing the clubs of this league that are increasing their investments in infrastructure and in the training of new soccer players.
According to MLS, the reasons why the measure is taken have to do with the compensations that will be given by the players that were formed in the league and sign contracts outside the United States and Canada.
Many ask why now and not before, the clubs respond that they have invested more money in the training academies (more than 75 million dollars in 2018 and the sums are increasing) and also the interest grows for young players with American matrix.
However, this measure does not have the support of the players' association of the United States, since they maintain that the measure may restrict the player's freedom in the future and limit job opportunities.
Recall here that MLS is not affiliated with FIFA; the one that is affiliated is the US Soccer (National Federation).
The MLS is a private league that has decided through its affiliated clubs to join the FIFA regulations on training rights and solidarity mechanisms.
"We have been making a significant investment in youth development, and that investment has accelerated in recent years." We believe that by making this change, we can not only continue that investment, but increase it and offer more opportunities to young players. "Todd said. Durbin, executive vice president of competitions and relationships with MLS players.
Circular 1603 TO THE ATTENTION OF THE FEDERATIONS MEMBER OF FIFA
Amendments to art. 20 of the Regulations on the Statute and Transfer of Players
Art. 20 Compensation for training
The compensation for training will be paid to the club or clubs that train a player: 1) when the player signs his first professional contract and 2) for each transfer of the professional player until the end of the season in which he turns 23 years old. The obligation to pay compensation for training arises even if the transfer is made during or at the end of the contract. The provisions on compensation for training are set out in annex 4 of these regulations. The principles of compensation for training are not applicable to women's football.