Sport is not defined only by the rules on the field. Rules also exist off the field, in various contracts in the field of sports, including employment contracts.

The Sports Law and the Labor Law, as lex generis, regulate the employment status of professional athletes. The employment contract of an athlete is adapted to an entirely different reality that reflects the dynamic and unpredictable life of an athlete – from the absence of fixed working hours, through matches, numerous training sessions, bonuses for victories, various competitions, transfers between clubs, to strict disciplinary responsibility. Understanding these differences and how the legal framework adapts to the specificities of the sports world is crucial for all stakeholders in the sports system.

Terms

The rights, obligations, and responsibilities of professional athletes are regulated by law, by the sports rules of the competent national sports federation, by collective agreements, by work rules (when a collective agreement with the employer has not been concluded), and by the employment contract between the athlete and the sports organization.

Sports organization is an organization established for the purpose of carrying out sports activities and sports operations, in accordance with the law.

Professional athlete is an athlete who engages in sports activity as their sole or primary occupation, as well as another athlete who has the status of a professional athlete in accordance with the sports rules of the competent international sports federation.

A professional athlete enjoys all the rights, obligations, and responsibilities arising from employment in accordance with the labor law, unless otherwise determined by the Sports Law or by the sports rules of the competent international sports federation.

Key aspects of the employment contract under the Sports Law

Parties

In general employment relations, the parties are domestic and foreign legal entities, or natural person as employers, and employees as workers. Under the Sports Law, however, the parties are professional sports organizations and professional athletes.

Unlike professional athletes, amateur athletes enter into a contract on engaging in sports. A top-level athlete may also engage in sports activities professionally and independently in individual sports, acting as an independent professional athlete, i.e., an entrepreneur.

Form of the contract

A standard employment relationship is established through an employment contract concluded in written form between the employee and the employer, in at least three copies, one of which must be delivered to the employee and two retained by the employer. The contract, as well as any amendments, supplements, or a separation agreement between the athlete and the sports organization, must be in written form and certified in accordance with the law, otherwise it is null and void.

The competent national sports federation collects, stores, and processes athletes’ personal data, including data on the grounds of engagement and concluded contracts with sports organizations.

The atypical nature of an athlete’s employment relationship is reflected in the use of different terminology for employment contracts across federations, such as “professional playing contract” in football, or “professional engagement contract” in basketball, and others.

Unlike standard employment contracts, which include provisions such as job description, place of work, salary and other compensation, working hours, type and duration of employment, the athlete’s employment contract may include specific provisions such as the type and level of competition, rights and obligations of the athlete regarding training, performances, competitions, obligations of the sports organization towards the athlete, disciplinary rules, transfer possibilities, compensation, special rules on advertising and sponsorship, and more.

Duration of the employment contract

Sports Law does not recognize permanent employment. A professional athlete establishes an employment relationship with a sports organization by concluding a fixed-term contract, lasting no longer than five years. Upon expiration of this period, the professional athlete may sign a new contract with the same or another sports organization.

Place of work

In standard employment contracts, the place of work usually means the employer’s premises (factory, office, retail or service facilities, etc.). In an athlete’s contract, the place of work is more flexible. Sports facilities (hall, field, pool, stadium) and the sports organization’s premises are the center of activities, but professional athletes perform their duties in various locations, both domestically and abroad, at matches, training camps, tournaments, guest appearances, and similar.

If the athlete is engaged by a sports organization outside their place of residence, the organization may provide free accommodation within the municipality where its headquarters are located, which is not considered additional compensation to the athlete.

Working hours, breaks, and leaves

In standard employment contracts, working hours, breaks, and leave are precisely defined, while for professional athletes they are adapted to the regime of sports activities. Unlike employees who usually work a fixed number of hours each week with mandatory daily and weekly rest, an athlete’s schedule is organized according to the sports calendar, the schedule, and the plan of the sports organization. Classic labor law institutions, such as overtime or redistribution of working hours, do not apply to athletes. Athletes are entitled to annual leave, but it typically depends on the sports calendar and is usually taken during the break between seasons.

Salary and other income

A key element of any employment contract is salary, without which the relationship would not have the character of employment. In standard contracts, the employee is entitled to appropriate pay determined by law, general acts, and the employment contract. Employees are guaranteed equal pay for the same work or work of equal value, where work of equal value means work requiring the same level of education, knowledge, and skills, performed with equal contribution and responsibility.

How much an athlete will earn depends on their individual qualities and market value and therefore cannot be assessed solely on the basis of formal criteria, as is the case with standard employment contracts. In addition to salary, the Sports Law also defines other forms of income for professional athletes, such as monetary and other awards for sporting results, reimbursement of accommodation, food, and travel expenses during training and competitions, signing bonuses, compensation for the use of the athlete’s image, and similar benefits, which do not have the character of salary. Other forms of income may also be defined by the general acts of the sports organization.

Termination of employment

Mutual termination of the contract and termination upon expiry of the agreed term are common modes of ending any type of employment relationship. However, an athlete’s contract may also be terminated by the athlete or the sports organization under the conditions prescribed by the regulations and the contract, including disciplinary reasons (failure to attend training, doping violations, non-compliance with the rules of the organization, etc.). Furthermore, an athlete’s contract may end due to a transfer to another club, which is specific to the sports sector and does not exist in standard employment.

Dispute resolution

Employees under standard contracts can protect their rights before ordinary courts and the labor inspectorate, and less frequently before the Republic Agency for Peaceful Resolution of Labor Disputes. Disputes arising from an athlete’s employment contract, however, can and most often are resolved before sports arbitration bodies.

Conclusion

Although the employment contract of an athlete, in accordance with the Sports Law, establishes an employment relationship, its content and application, conditioned by the specificities of sports engagement, distinguish it from general labor law and make it a special legal institution within labor and sports legislation.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.