Football Agent Exam Study Materials PDF May 2023

04. MAINTENANCE OF CONTRACTUAL STABILITY BETWEEN PROFESSIONALS AND CLUBS Football Agent Exam Study Materials – May 2023 edition - 230 28 13. Respect of contract A contract between a professional and a club may only be terminated upon expiry of the term of the contract or by mutual agreement. 1...

04. MAINTENANCE OF CONTRACTUAL STABILITY BETWEEN PROFESSIONALS AND CLUBS Football Agent Exam Study Materials – May 2023 edition - 230 28 13. Respect of contract A contract between a professional and a club may only be terminated upon expiry of the term of the contract or by mutual agreement. 14. Terminating a contract with just cause 1. A contract may be terminated by either party without consequences of any kind (either payment of compensation or imposition of sporting sanctions) where there is just cause. 2. Any abusive conduct of a party aiming at forcing the counterparty to terminate or change the terms of the contract shall entitle the counterparty (a player or a club) to terminate the contract with just cause. 14bis Terminating a contract with just cause for outstanding salaries 1. In the case of a club unlawfully failing to pay a player at least two monthly salaries on their due dates, the player will be deemed to have a just cause to terminate his contract, provided that he has put the debtor club in default in writing and has granted a deadline of at least 15 days for the debtor club to fully comply with its financial obligation(s). Alternative provisions in contracts existing at the time of this provision coming into force may be considered. 2. For any salaries of a player which are not due on a monthly basis, the pro-rata value corresponding to two months shall be considered. Delayed payment of an amount which is equal to at least two months shall also be deemed a just cause for the player to terminate his contract, subject to him complying with the notice of termination as per paragraph 1 above. 3. Collective bargaining agreements validly negotiated by employers’ and employees’ representatives at domestic level in accordance with national law may deviate from the principles stipulated in paragraphs 1 and 2 above. The terms of such an agreement shall prevail. Football Agent Exam Study Materials – May 2023 edition - 231 29 15. Terminating a contract with sporting just cause An established professional who has, in the course of the season, appeared in fewer than ten per cent of the official matches in which his club has been involved may terminate his contract prematurely on the ground of sporting just cause. Due consideration shall be given to the player’s circumstances in the appraisal of such cases. The existence of sporting just cause shall be established on a case-by-case basis. In such a case, sporting sanctions shall not be imposed, though compensation may be payable. A professional may only terminate his contract on this basis in the 15 days following the last official match of the season of the club with which he is registered. 16. Restriction on terminating a contract during the competition period A contract cannot be unilaterally terminated during a competition period. The following provisions apply if a contract is terminated without just cause: 1. In all cases, the party in breach shall pay compensation. Subject to the provisions of article 20 and Annexe 4 in relation to training compensation, and unless otherwise provided for in the contract, compensation for the breach shall be calculated with due consideration for the law of the country concerned, the specificity of sport, and any other objective criteria. These criteria shall include, in particular, the remuneration and other benefits due to the player under the existing contract and/or the new contract, the time remaining on the existing contract up to a maximum of five years, the fees and expenses paid or incurred by the former club (amortised over the term of the contract) and whether the contractual breach falls within a protected period. Bearing in mind the aforementioned principles, compensation due to a player shall be calculated as follows: i. In case the player did not sign any new contract following the termination of his previous contract, as a general rule, the compensation shall be equal to the residual value of the contract that was prematurely terminated. Maintenance of contractual stability between professionalsand clubs 17. Consequences of terminating a contract without just cause 04. Football Agent Exam Study Materials – May 2023 edition - 232 30 ii. In case the player signed a new contract by the time of the decision, the value of the new contract for the period corresponding to the time remaining on the prematurely terminated contract shall be deducted from the residual value of the contract that was terminated early (the “Mitigated Compensation”). Furthermore, and subject to the early termination of the contract being due to overdue payables, in addition to the Mitigated Compensation, the player shall be entitled to an amount corresponding to three monthly salaries (the “Additional Compensation”). In case of egregious circumstances, the Additional Compensation may be increased up to a maximum of six monthly salaries. The overall compensation may never exceed the rest value of the prematurely terminated contract. iii. Collective bargaining agreements validly negotiated by employers’ and employees’ representatives at domestic level in accordance with national law may deviate from the principles stipulated in the points i. and ii. above. The terms of such an agreement shall prevail. 2. Entitlement to compensation cannot be assigned to a third party. If a professional is required to pay compensation, the professional and his new club shall be jointly and severally liable for its payment. The amount may be stipulated in the contract or agreed between the parties. 3. In addition to the obligation to pay compensation, sporting sanctions shall also be imposed on any player found to be in breach of contract during the protected period. This sanction shall be a four-month restriction on playing in official matches. In the case of aggravating circumstances, the restriction shall last six months. These sporting sanctions shall take effect immediately once the player has been notified of the relevant decision. The sporting sanctions shall remain suspended in the period between the last official match of the season and the first official match of the next season, in both cases including national cups and international championships for clubs. This suspension of the sporting sanctions shall, however, not be applicable if the player is an established member of the representative team of the association he is eligible to represent, and the association concerned is participating in the final competition of an international tournament in the period between the last match and the first match of the next season. Unilateral breach without just cause or sporting just cause after the protected period shall not result in sporting sanctions. Disciplinary measures may, however, be imposed outside the protected period for failure to give notice of termination within 15 days of the last official match of the season (including national cups) of the club with which the player is registered. The protected period starts again when, while renewing the contract, the duration of the previous contract is extended. Football Agent Exam Study Materials – May 2023 edition - 233 31 4. In addition to the obligation to pay compensation, sporting sanctions shall be imposed on any club found to be in breach of contract or found to be inducing a breach of contract during the protected period. It shall be presumed, unless established to the contrary, that any club signing a professional who has terminated his contract without just cause has induced that professional to commit a breach. The club shall be banned from registering any new players, either nationally or internationally, for two entire and consecutive registration periods. The club shall be able to register new players, either nationally or internationally, only as of the next registration period following the complete serving of the relevant sporting sanction. In particular, it may not make use of the exceptions stipulated in article 6 paragraph 3 of these regulations in order to register players at an earlier stage. 5. Any person subject to the FIFA Statutes and regulations who acts in a manner designed to induce a breach of contract between a professional and a club in order to facilitate the transfer of the player shall be sanctioned. 1. Any employment contract that is concluded following the provision of football agent services shall specify the football agent’s name, their client, their FIFA licence number and their signature, in accordance with the FIFA Football Agent Regulations. 2. The minimum length of a contract shall be from its effective date until the end of the season, while the maximum length of a contract shall be five years. Contracts of any other length shall only be permitted if consistent with national laws. Players under the age of 18 may not sign a professional contract for a term longer than three years. Any clause referring to a longer period shall not be recognised. 3. A club intending to conclude a contract with a professional must inform the player’s current club in writing before entering into negotiations with him. A professional shall only be free to conclude a contract with another club if his contract with his present club has expired or is due to expire within six months. Any breach of this provision shall be subject to appropriate sanctions. 4. The validity of a contract may not be made subject to a successful medical examination and/or the grant of a work permit. 5. If a professional enters into more than one contract covering the same period, the provisions set forth in Chapter IV shall apply. Maintenance of contractual stability between professionalsand clubs 18. Special provisions relating to contracts between professionals and clubs 04. Football Agent Exam Study Materials – May 2023 edition - 234 32 6. Contractual clauses granting the club additional time to pay to the professional amounts that have fallen due under the terms of the contract (so-called “grace periods”) shall not be recognised. Grace periods contained in collective bargaining agreements validly negotiated by employers’ and employees’ representatives at domestic level in accordance with national law shall, however, be legally binding and recognised. Contracts existing at the time of this provision coming into force shall not be affected by this prohibition. 7. Female players are entitled to maternity leave during the term of their contract, paid at the equivalent of two thirds of their contracted salary. Where more beneficial conditions are provided in the applicable national law in the country of their club’s domicile or an applicable collective bargaining agreement, these beneficial conditions shall prevail. Football Agent Exam Study Materials – May 2023 edition - 235 05. THIRD-PARTY INFLUENCE AND OWNERSHIP OF PLAYERS’ ECONOMIC RIGHTS Football Agent Exam Study Materials – May 2023 edition - 236 34 18bis Third-party influence on clubs 1. No club shall enter into a contract which enables the counter club/counter clubs, and vice versa, or any third party to acquire the ability to influence in employment and transfer-related matters its independence, its policies or the performance of its teams. 2. The FIFA Disciplinary Committee may impose disciplinary measures on clubs that do not observe the obligations set out in this article. 18ter Third-party ownership of players’ economic rights 1. No club or player shall enter into an agreement with a third party whereby a third party is being entitled to participate, either in full or in part, in compensation payable in relation to the future transfer of a player from one club to another, or is being assigned any rights in relation to a future transfer or transfer compensation. 2. The interdiction as per paragraph 1 comes into force on 1 May 2015. 3. Agreements covered by paragraph 1 which predate 1 May 2015 may continue to be in place until their contractual expiration. However, their duration may not be extended. 4. The validity of any agreement covered by paragraph 1 signed between 1 January 2015 and 30 April 2015 may not have a contractual duration of more than one year beyond the effective date. 5. By the end of April 2015, all existing agreements covered by paragraph 1 need to be recorded within TMS. All clubs that have signed such agreements are required to upload them in their entirety, including possible annexes or amendments, in TMS, specifying the details of the third party concerned, the full name of the player as well as the duration of the agreement. 6. The FIFA Disciplinary Committee may impose disciplinary measures on clubs or players that do not observe the obligations set out in this article. Football Agent Exam Study Materials – May 2023 edition - 237 06. SPECIAL PROVISIONS RELATING TO FEMALE PLAYERS Football Agent Exam Study Materials – May 2023 edition - 238 36 18quater Special provisions relating to female players 1. The validity of a contract may not be made subject to a player being or becoming pregnant during its term, being on maternity leave, or utilising rights related to maternity in general. 2. If a club unilaterally terminates a contract on the grounds of a player being or becoming pregnant, being on maternity leave, or utilising rights related to maternity in general, the club will be deemed to have terminated the contract without just cause. a) 3. It shall be presumed, unless proven to the contrary, that the unilateral termination of a contract by a club during a pregnancy or maternity leave occurred as a result of a player being or becoming pregnant. Where a contract has been terminated on the grounds of the player being or becoming pregnant, as an exception to article 17 paragraph 1: a) compensation due to a player shall be calculated as follows: i. in case the player did not sign any new contract following the termination of her previous contract, as a general rule, the compensation shall be equal to the residual value of the contract that was prematurely terminated; ii. in case the player signed a new contract by the time of the decision, the value of the new contract for the period corresponding to the time remaining on the prematurely terminated contract shall be deducted from the residual value of the contract that was terminated early; iii. in either case described above, the player shall be entitled to additional compensation corresponding to six monthly salaries of the prematurely terminated contract; iv. collective bargaining agreements validly negotiated by employers’ and employees’ representatives at domestic level in accordance with national law may deviate from the principles stipulated above. The terms of such an agreement shall prevail; b) in addition to the obligation to pay compensation, sporting sanctions shall be imposed on any club found to have unilaterally terminated a contract on the grounds of a player being or becoming pregnant, being on maternity leave, or utilising rights related to maternity in general. The club shall be banned from registering any new female players, either nationally or internationally, for two entire and consecutive registration periods. The club shall be able to register new players, either nationally or internationally, only as of the next registration period following the complete serving of the relevant sporting sanction. In particular, it may not make use of the exception and measures stipulated in article 6 paragraph 3 c) of these regulations in order to register players at an earlier stage; Football Agent Exam Study Materials – May 2023 edition - 239 37 c) 5. Where a player becomes pregnant, she has the right, during the term of her contract, to: a) continue providing sporting services to her club (i.e. playing and training), following confirmation from her treating practitioner and an independent medical professional (chosen by consensus between the player and her club) that it is safe for her to do so. In such cases, her club has an obligation to respect the decision and formalise a plan for her continued sporting participation in a safe manner, prioritising her health and that of the unborn child; b) provide employment services to her club in an alternate manner, should her treating practitioner deem that it is not safe for her to continue sporting services, or should she choose not to exercise her right to continue providing sporting services. In such cases, her club has an obligation to respect the decision and work with the player to formalise a plan for her alternate employment. The player shall be entitled to receive her full remuneration, until such time that she utilises maternity leave; c) independently determine the commencement date of her maternity leave, taking into consideration the minimum periods provided (cf. Definitions). Any club that pressures or forces a player to take maternity leave at a specific time shall be sanctioned by the FIFA Disciplinary Committee; d) return to football activity after the completion of her maternity leave, following confirmation from her treating practitioner and an independent medical professional (chosen by consensus between the player and her club) that it is safe for her to do so. In such cases, her club has an obligation to respect the decision, reintegrate her into footballing activity (cf. article 6 paragraph 3 d)), and provide adequate ongoing medical support. The player shall be entitled to receive her full remuneration following her return to football activity. A player shall be provided the opportunity to breastfeed an infant and/or express breast milk whilst providing sporting services to her club. Clubs shall provide suitable facilities in accordance with applicable national legislation in the country of a club’s domicile or a collective bargaining agreement. SpecialProvisionsrelating tofemale players 4. the sanction provided for in b) above may be applied cumulatively with a fine. 06. Football Agent Exam Study Materials – May 2023 edition - 240 07. INTERNATIONAL TRANSFERS INVOLVING MINORS Football Agent Exam Study Materials – May 2023 edition - 241 39 19. Protection of minors 1. International transfers of players are only permitted if the player is over the age of 18. 2. The following five exceptions to this rule apply: a) The player’s parents move to the country in which the new club is located for reasons not linked to football. b) The player is aged between 16 and 18 and: i. the transfer takes place within the territory of the European Union (EU) or European Economic Area (EEA); or ii. the transfer takes place between two associations within the same country. The new club must fulfil the following minimum obligations: iii. It shall provide the player with an adequate football education and/or training in line with the highest national standards (cf. Annexe 4, article 4). iv. It shall guarantee the player an academic and/or school and/or vocational education and/or training, in addition to his football education and/or training, which will allow the player to pursue a career other than football should he cease to play professional football. v. It shall make all necessary arrangements to ensure that the player is looked after in the best possible way (optimum living standards with a host family or in club accommodation, appointment of a mentor at the club, etc.). c) The player lives no further than 50km from a national border and the club with which the player wishes to be registered in the neighbouring association is also within 50km of that border. The maximum distance between the player’s domicile and the club’s headquarters shall be 100km. In such cases, the player must continue to live at home and the two associations concerned must give their explicit consent. d) The player is at least temporarily permitted to reside in the country of arrival and/or is recognised by the competent state authorities as vulnerable and requiring state protection by the country of arrival after fleeing their country of origin (or previous country of domicile) for humanitarian reasons, without their parents, due to either of the following: i. their life or freedom being threatened on account of race, religion, nationality, belonging to a particular social group, or political opinion; or ii. any other circumstances where their survival is seriously threatened. Football Agent Exam Study Materials – May 2023 edition - 242 International transfers involving minors vi. It shall, on registration of such a player, provide the relevant association with proof that it is complying with the aforementioned obligations. 07. 40 If the minor has been formally recognised as a refugee or a protected person, they may be registered with a professional club or purely amateur club. There are no restrictions on any subsequent national transfer of the minor prior to their turning 18. If the minor has been formally recognised as asylum seeker or has been recognised by the competent state authorities as vulnerable in accordance with article 19 paragraph d) above, they may only be registered with a purely amateur club. They may be the subject of a subsequent national transfer, but are not permitted to register with a professional club until they turn 18. e) The player is a student and moves without his parents to another country temporarily for academic reasons in order to undertake an exchange programme. The duration of the player’s registration for the new club until he turns 18 or until the end of the academic or school programme cannot exceed one year. The player’s new club may only be a purely amateur club without a professional team or without a legal, financial or de facto link to a professional club. 3. The provisions of this article shall also apply to any player who has never previously been registered with a club, is not a national of the country where the association at which he wishes to be registered for the first time is domiciled, and has not lived continuously for at least the last five years in said country. 4. Where a minor player is at least ten years old, the Players’ Status Chamber of the Football Tribunal must approve: a) their international transfer according to paragraph 2; b) their first registration according to paragraph 3; or c) their first registration, where the minor player is not a national of the country where the association at which they wish to be registered is domiciled and has lived continuously for at least the last five years in that country. 5. Approval pursuant to paragraph 4 is required prior to any request for an ITC and/or a first registration by an association. 6. Where a minor player is under ten years old, it is the responsibility of the association that intends to register the player – as per the request of its affiliated club – to verify and ensure that the circumstances of the player fall, beyond all doubt, under one of the exceptions provided for in paragraph 2, 3, or 4 c). Such verification shall be made prior to any registration. 7. An association may apply to the Players’ Status Chamber of the Football Tribunal for a limited minor exemption (“LME”). Football Agent Exam Study Materials – May 2023 edition - 243 41 a) An LME, if granted, relieves an association, under specific terms and conditions and solely for amateur minor players who are to be registered with purely amateur clubs, from the application obligations set out in paragraph 4. b) In such a case, prior to any request for an ITC and/or a first registration, the association concerned is required to verify and ensure that the circumstances of the player fall, beyond all doubt, under one of the exceptions provided for in paragraph 2, 3, or 4 c). 8. A club that has registered a minor player following a national transfer, international transfer or first registration shall: - owe a duty of care to the minor; - take any reasonable measures to protect and safeguard the minor from any possible abuse; and - ensure that the minor is provided with an opportunity to obtain an academic education (according to the highest national standards) that allows them to pursue a career other than football. 9. The procedures for applying to the Players’ Status Chamber of the Football Tribunal for the matters described in this article are contained in the Procedural Rules Governing the Football Tribunal. 1. Clubs that operate an academy (within their own structure and/or through a separate entity with legal, financial or de facto links to the club) are obliged to report all minors who attend the academy (registered with the club or not) to the association with which the club concerned is affiliated. When an academy is operated outside the territory of the club’s respective association, the reporting shall be made by the club to the association on whose territory the academy operates 2. Each association shall request all academies without legal, financial or de facto links to a club (private academies) operating on its territory to report all minors who attend the academy to the association. Each association shall report any wrongdoing occurring at private academies of which it becomes aware to the relevant authorities, taking all necessary measures to protect and safeguard minors from potential abuse. 3. Each association shall keep a register of players, comprising at least the following information: full name (first, middle and last names), nationality, date of birth, country of origin (or previous country of domicile), agent (if any) and club operating the respective academy, regarding the minors who have been reported to it by clubs or academies. Football Agent Exam Study Materials – May 2023 edition - 244 International transfers involving minors 19bis Registration and reporting of minors at academies 07. 42 4. A club that wishes to collaborate with a private academy shall: i. report such collaboration to the association with which the club is affiliated; ii. ensure that the private academy reports its players to the association where the academy operates; iii. before entering into a contract with a private academy, ensure that the private academy takes proper measures to protect and safeguard minors; and iv. report any wrongdoing of which it may become aware to the relevant authorities, taking all necessary measures to protect and safeguard minors from potential abuse. 5. Through the act of reporting, academies and players undertake to practise football in accordance with the FIFA Statutes, and to respect and promote the ethical principles of organised football. 6. Associations shall report to FIFA each minor that attends an academy within the territory they govern where the minor: i. is not a national of the country where the association is domiciled; and ii. has not lived continuously for at least the last five years in that country. Such reports shall contain a prima facie assessment of whether the minor meets the requirements of article 19. 7. Any violations of this provision will be sanctioned by the Disciplinary Committee in accordance with the FIFA Disciplinary Code. 19ter Trials General conditions for all triallists 1. A club may invite a player to trial with it for a defined period of time. A professional (within the meaning of art. 2 herein) may only trial with another club with the express written permission of their current club. 2. The club and the invited player shall agree on the conditions of the trial (e.g. payment for accommodation, travel, meals and daily expenses) on the FIFA Trial Form before the trial commences. A complete and duly signed FIFA Trial Form must be lodged in FIFA TMS by the club at the latest ten days before the trial commences. Football Agent Exam Study Materials – May 2023 edition - 245 43 3. During a trial, the club owes a duty of care to the triallist. In particular, the club shall provide the triallist with, and cover the cost of, any necessary medical treatment for injuries sustained while performing activities within the trial. 4. The maximum duration of a trial for players aged 21 and below shall be eight weeks, consecutive or non-consecutive, per club in any one season. The maximum duration of a trial for players over the age of 21 shall be three weeks, consecutive or non-consecutive, per club in any one season. 5. A player on trial is only permitted to participate in friendly matches and any activity that does not fall within the scope of organised football. Such friendly matches must take place during the duration of the relevant trial. 6. Any person subject to the FIFA Statutes is prohibited from requesting, offering and/or receiving any payment whatsoever connected to a trial, without prejudice to the agreement between the club and the triallist on the conditions of the trial, according to paragraph 2 above. 7. Clubs having a player on trial are not entitled to receive training rewards for the period during which a player is on trial with that club. Conditions specific to minor triallists 8. In addition to the general conditions, a minor may only trial with a club provided that: a) the date the trial period begins occurs during the season of: i. the minor triallist’s 16th birthday; or 9. b) the club obtains express written permission from the minor triallist’s parents; c) the club designates an employee within the club to be the point of contact for the minor triallist; d) the club ensures that the minor triallist is provided with optimum accommodation and living standards and adequate coverage of expenses; and e) for amateur minor players below the age of 16, the current club of the minor is informed of the trial and provided with the complete and duly signed FIFA Trial Form. A minor may only attend two trials per calendar year, each of them subject to the maximum duration stipulated in article 19ter paragraph 4. Football Agent Exam Study Materials – May 2023 edition - 246 International transfers involving minors ii. the minor triallist’s 15th birthday if both the minor’s and the club’s domicile are located in Europe; 07. 44 Other matters 10. Collective bargaining agreements validly negotiated by employers’ and employees’ representatives at domestic level, in accordance with national law, may deviate from the minimum standards stipulated above and/or establish additional conditions when a player may leave his current club to attend a trial. Sanctions 11. Any failure to fulfil a condition agreed in a FIFA Trial Form or to upload a complete and duly signed FIFA Trial Form and/or any violation of this provision will be sanctioned by the Disciplinary Committee in accordance with the FIFA Disciplinary Code. In such proceedings, both the triallist and the club concerned will have the procedural status of a party before the Disciplinary Committee. Football Agent Exam Study Materials – May 2023 edition - 247