Training Compensation Rules PDF

Training compensation 1. Objective 1. A player’s training and education takes place between the ages of 12 and 23. Training compensation shall be payable, as a general rule, up to the age of 23 for training incurred up to the age of 21, unless it is evident that a player has already terminated h...

Training compensation 1. Objective 1. A player’s training and education takes place between the ages of 12 and 23. Training compensation shall be payable, as a general rule, up to the age of 23 for training incurred up to the age of 21, unless it is evident that a player has already terminated his training period before the age of 21. In the latter case, training compensation shall be payable until the end of the calendar year in which the player reaches the age of 23, but the calculation of the amount payable shall be based on the years between the age of 12 and the age when it is established that the player actually completed his training. 2. The obligation to pay training compensation is without prejudice to any obligation to pay compensation for breach of contract. 2. Payment of training compensation 1. Training compensation is due when: a) a player is registered for the first time as a professional; or b) a professional is transferred between clubs of two different associations (whether during or at the end of his contract) before the end of the calendar year of his 23rd birthday. Football Agent Exam Study Materials – May 2023 edition - 288 Annexes ANNEXE 04. 85 A 86 2. Training compensation is not due if: a) the former club terminates the player’s contract without just cause (without prejudice to the rights of the previous clubs); or b) the player is transferred to a category 4 club; or c) a professional reacquires amateur status on being transferred. 3. For cases governed by the FIFA Clearing House Regulations, payment of training compensation shall be made in accordance with the FIFA Clearing House Regulations. 3. Responsibility to pay training compensation 1. On registering as a professional for the first time, the club with which the player is registered is responsible for paying training compensation within 30 days of registration to every club with which the player has previously been registered (in accordance with the players’ career history as provided in the player passport) and that has contributed to his training starting from the calendar year of his 12th birthday. The amount payable is calculated on a pro rata basis according to the period of training that the player spent with each club. In the case of subsequent transfers of the professional, training compensation will only be owed to his former club for the time he was effectively trained by that club. 2. In both of the above cases, the deadline for payment of training compensation is 30 days following the registration of the professional with the new association. 3. An association is entitled to receive the training compensation which in principle would be due to one of its affiliated clubs, if it can provide evidence that the club in question – with which the professional was registered and trained – has in the meantime ceased to participate in organised football and/ or no longer exists due to, in particular, bankruptcy, liquidation, dissolution or loss of affiliation. This compensation shall be reserved for youth football development programmes in the association(s) in question. 4. Training costs 1. In order to calculate the compensation due for training and education costs, associations are instructed to divide their clubs into a maximum of four categories in accordance with the clubs’ financial investment in training players. The training costs are set for each category and correspond to the amount needed to train one player for one year multiplied by an average “player factor”, which is the ratio of players who need to be trained to produce one professional player. Football Agent Exam Study Materials – May 2023 edition - 289 2. The training costs, which are established on a confederation basis for each category of club, as well as the categorisation of clubs for each association, are published on the FIFA website (www.FIFA.com). They are updated at the end of every calendar year. Associations are required to keep the data regarding the training category of their clubs inserted in TMS up to date at all times (cf. Annexe 3). 5. Calculation of training compensation 1. As a general rule, to calculate the training compensation due to a player’s former club(s), it is necessary to take the costs that would have been incurred by the new club if it had trained the player itself. 2. Accordingly, the first time a player registers as a professional, the training compensation payable is calculated by taking the training costs of the new club multiplied by the number of years of training, in principle from the calendar year of the player’s 12th birthday to the calendar year of his 21st birthday. In the case of subsequent transfers, training compensation is calculated based on the training costs of the new club multiplied by the number of years of training with the former club. 3. To ensure that training compensation for very young players is not set at unreasonably high levels, the training costs for players for the calendar years of their 12th to 15th birthdays (i.e. four calendar years) shall be based on the training and education costs of category 4 clubs. 4. The Dispute Resolution Chamber may review disputes concerning the amount of training compensation payable and shall have discretion to adjust this amount if it is clearly disproportionate to the case under review. 6. Special provisions for the EU/EEA 1. For players moving from one association to another inside the territory of the EU/EEA, the amount of training compensation payable shall be established based on the following: a) If the player moves from a lower to a higher category club, the calculation shall be based on the average training costs of the two clubs. b) If the player moves from a higher to a lower category, the calculation shall be based on the training costs of the lower-category club. Annexes 87 A Football Agent Exam Study Materials – May 2023 edition - 290 88 2. Inside the EU/EEA, the final calendar year of training may occur before the calendar year of the player’s 21st birthday if it is established that the player completed his training before that time. 3. If the former club does not offer the player a contract, no training compensation is payable unless the former club can justify that it is entitled to such compensation. The former club must offer the player a contract in writing via registered post at least 60 days before the expiry of his current contract, subject to the temporary exception below. Such an offer shall furthermore be at least of an equivalent value to the current contract. This provision is without prejudice to the right to training compensation of the player’s previous club(s). i. 7. The contract offer may be made by electronic mail, provided that the former club obtains confirmation from the player that he has received a copy of said offer and can provide such confirmation in case of any dispute. Disciplinary measures The FIFA Disciplinary Committee may impose disciplinary measures on clubs or players that do not observe the obligations set out in this annexe. Football Agent Exam Study Materials – May 2023 edition - 291 Solidarity mechanism 1. Solidarity contribution 1. If a professional moves during the course of a contract, 5% of any compensation paid within the scope of this transfer, not including training compensation paid to his former club, shall be deducted from the total amount of this compensation and distributed by the new club as a solidarity contribution to the club(s) involved in his training and education over the years. This solidarity contribution reflects the number of years (calculated pro rata if less than one year) he was registered with the relevant club(s) between the calendar years of his 12th and 23rd birthdays, as follows: a) Calendar year of 12th birthday: 5% of 5% of any compensation b) Calendar year of 13th birthday: 5% of 5% of any compensation c) Calendar year of 14th birthday: 5% of 5% of any compensation d) Calendar year of 15th birthday: 5% of 5% of any compensation e) Calendar year of 16th birthday: 10% of 5% of any compensation f) Calendar year of 17th birthday: 10% of 5% of any compensation g) Calendar year of 18th birthday: 10% of 5% of any compensation h) Calendar year of 19th birthday: 10% of 5% of any compensation i) Calendar year of 20th birthday: 10% of 5% of any compensation j) Calendar year of 21st birthday: 10% of 5% of any compensation k) Calendar year of 22nd birthday: 10% of 5% of any compensation l) Calendar year of 23rd birthday: 10% of 5% of any compensation Football Agent Exam Study Materials – May 2023 edition - 292 Annexes ANNEXE 05. 89 A 90 2. A training club is entitled to receive (a proportion of) the 5% solidarity contribution in the following cases: a) a professional player is transferred, either on a definitive or loan basis, between clubs affiliated to different associations; b) a professional player is transferred, either on a definitive or loan basis, between clubs affiliated to the same association, provided that the training club is affiliated to a different association. 2. Payment procedure 1. For cases not governed by the FIFA Clearing House Regulations, the new club shall pay the solidarity contribution to the training club(s) pursuant to the above provisions no later than 30 days after the player’s registration or, in case of contingent payments, 30 days after the date of such payments. 2. For cases not governed by the FIFA Clearing House Regulations, it is the responsibility of the new club to calculate the amount of the solidarity contribution and to distribute it in accordance with the player’s career history as provided in the player passport. The player shall, if necessary, assist the new club in discharging this obligation. 3. For cases governed by the FIFA Clearing House Regulations, payment of solidarity contribution shall be made in accordance with the FIFA Clearing House Regulations. 4. An association is entitled to receive the proportion of solidarity contribution which in principle would be due to one of its affiliated clubs, if it can provide evidence that the club in question – which was involved in the professional’s training and education – has in the meantime ceased to participate in organised football and/or no longer exists due to, in particular, bankruptcy, liquidation, dissolution or loss of affiliation. This solidarity contribution shall be reserved for youth football development programmes in the association(s) in question. 5. The Disciplinary Committee may impose disciplinary measures on clubs that do not observe the obligations set out in this annexe. Football Agent Exam Study Materials – May 2023 edition - 293 ANNEXE 06. 91 Rules for the Status and Transfer of Futsal Players 1. Scope 1. The Rules for the Status and Transfer of Futsal Players are an integral part of these regulations. 2. These rules establish global and binding provisions concerning the status of futsal players, their eligibility to participate in organised futsal, and their transfer between clubs belonging to different associations. 3. These rules shall apply equally to men, women, amateurs and professionals unless expressly provided for otherwise in this annexe. 4. The transfer of futsal players between clubs belonging to the same association is governed by specific regulations issued by the association concerned. These regulations shall include: a) appropriate means to protect contractual stability, paying due respect to mandatory national law and collective bargaining agreements, as well as the principles in article 1 paragraph 3 b) of these regulations; and 5. The following provisions in these regulations are binding for futsal at national level and shall be included, without modification, in the association’s regulations: articles 2-8, 10, 11, 12bis, 18, 18 paragraph 7 (unless more favourable conditions are available pursuant to national law), 18bis, 18ter, 18quater (unless more favourable conditions are available pursuant to national law) ,19 and 19bis. Football Agent Exam Study Materials – May 2023 edition - 294 Annexes b) specific rules for the settlement of disputes between futsal clubs and players. A 92 2. Release of futsal players to association teams 1. Article 1ter of Annexe 1 of these regulations is binding. 2. A player may only represent one association in both futsal and eleven-a-side football. Any player who has already participated in a match (either in full or in part) in an official competition of any category or any type of football for one association may not play an international match for a representative team of another association. This provision is subject to the exception in article 9 of the Regulations Governing the Application of the Statutes. 3. Registration of futsal players 1. A futsal player must be registered at an association to play for a club as either a professional or an amateur in accordance with the provisions of article 2 of these regulations. Only registered players are eligible to participate in organised futsal. By the act of registering, a futsal player agrees to abide by the FIFA Statutes and regulations, as well as the statutes and regulations of the relevant confederation and association. 2. A futsal player may only be registered for one futsal club at a time. A futsal player may, however, also be registered for one eleven-a-side club at the same time. It is not necessary for the futsal and the eleven-a-side club to be affiliated to the same association. 3. A futsal professional player under contract with an eleven-a-side club may sign another professional contract with a different futsal club only if he obtains written approval from the eleven-a-side club employing him, and vice-versa. 4. Futsal players may be registered with a maximum of three futsal clubs during one season. During this period, the player is only eligible to play official matches for two futsal clubs. As an exception to this rule, a futsal player moving between two futsal clubs belonging to associations with overlapping seasons (i.e. the start of the season is in summer/autumn as opposed to winter/spring) may be eligible to play in official matches for a third futsal club during the relevant season, provided he has fully complied with his contractual obligations towards his previous futsal clubs. Equally, the provisions relating to the registration periods (article 6 of these regulations) as well as to the minimum length of a contract (article 18 paragraph 2 of these regulations) must be respected. Football Agent Exam Study Materials – May 2023 edition - 295 93 5. Under all circumstances, due consideration must be given to the sporting integrity of the competition. In particular, a futsal player may not play official matches for more than two clubs competing in the same national championship or cup during the same season, subject to stricter individual competition regulations of member associations. 4. Respect of contract 1. A contract between a professional futsal player and a futsal club may only be terminated upon expiry of its term or by mutual agreement. 2. The provisions applicable to the maintenance of contractual stability are set out in articles 13-18 of these regulations. 5. International transfer of futsal players 5.1 Principles A futsal player registered with a futsal club affiliated to an association may only be registered with a futsal club affiliated to a different association after: a) the International Futsal Transfer Certificate (IFTC) has been requested by the new association; b) the IFTC has been delivered by the former association; c) the IFTC has been received by the new association; and d) the new association has registered the player in their electronic registration system. 2. The above principle applies to all international transfer of professional and amateur futsal players. 3. A futsal player is not eligible to play for his new futsal club until all the conditions in paragraph 1 above are met, where applicable. 4. An IFTC is not required for a futsal player under the age of ten. 5. Clubs and associations shall always: a) act in good faith; b) abide by the FIFA Statutes and all FIFA regulations; and c) ensure that all information provided is true and correct. Football Agent Exam Study Materials – May 2023 edition - 296 Annexes 1. A 94 5.2 Transfer process: IFTC procedure and futsal player registration 1. The new futsal club shall submit an application to its association to register a futsal player during one of the registration periods established by that association, subject to the exception in article 6 of these regulations. The relevant application shall be accompanied, if applicable, by: a) a copy of the employment contract between the new futsal club and the futsal player; and b) a copy of the transfer agreement (whether permanent or on loan) concluded between the new and the former futsal clubs. 2. Upon receipt of the application, the new association shall immediately request that the former association deliver an IFTC for the futsal player (“IFTC request”). The IFTC request shall be accompanied by the documentation established in paragraph 1 above, if applicable. 3. At the very latest, the IFTC must be requested on the last day of the relevant registration period of the new association for the transfer to occur during that registration period. 4. In the case of an international transfer of a futsal player who had professional status at his former futsal club, upon receipt of the IFTC request, the former association shall immediately request that the former futsal club and the futsal player confirm whether: 5. a) the employment contract has expired; b) an early termination was mutually agreed; or c) there is a contractual dispute. Within seven days of the IFTC request, the former association shall either: a) deliver the IFTC to the new association; or b) inform the new association in writing that the IFTC cannot be delivered. This may only be the case where: i. an employment contract between the former futsal club and the futsal player has not expired; or ii. there has been no mutual agreement regarding the contract’s early termination. The provision in paragraph b) above applies only to the international transfer of futsal players who had professional status at their former futsal clubs. Football Agent Exam Study Materials – May 2023 edition - 297 95 6. When delivering an IFTC to the new association, the former association shall also: a) attach a copy of the player passport; b) notify the new association in writing of any pending disciplinary sanctions imposed on the futsal player and, if applicable, their extension to have worldwide effect (cf. article 12 of these regulations); and c) lodge a copy of the IFTC with FIFA. 7. The IFTC shall be delivered free of charge without any conditions or time limitation. Any provisions to the contrary shall be null and void. 8. Upon delivery of the IFTC, the new association shall register the player in their electronic registration system. 9. If the former association fails to respond to the IFTC request within 30 days, the new association shall immediately register the futsal player for the new futsal club on a provisional basis (“provisional registration”) and enter the relevant player registration information in the national electronic player registration system. A provisional registration shall become permanent one year after the IFTC request. 10. The former association shall not deliver an IFTC for a futsal player if a contractual dispute on grounds of the circumstances stipulated in paragraph 4 above, has arisen between the former futsal club and the futsal player. 11. The new association may grant the player temporary eligibility to play until the end of the ongoing competition period on the basis of an IFTC sent by fax or email. If the original IFTC is not received by that time, the player’s eligibility to play shall be considered definitive. 12. The foregoing rules and procedures apply without distinction to professional and amateur futsal players who, upon moving to their new futsal club, acquire a different status. Football Agent Exam Study Materials – May 2023 edition - 298 Annexes In such a case, upon request of the new association, FIFA may take provisional measures in exceptional circumstances. In this respect, it will take into account the arguments presented by the former association to justify the rejection of the IFTC. If the Football Tribunal authorises the provisional registration (cf. article 23), the new association shall proceed to register the player. Furthermore, the professional futsal player, the former and/or the new futsal club are entitled to lodge a claim with FIFA in accordance with article 22. The decision on the provisional registration of the player shall be without prejudice to the merits of such possible contractual dispute. A 96 5.3 Loan of futsal players 1. The rules set out above also apply to the loan of a professional futsal player from a futsal club affiliated to one association to a futsal club affiliated to another association, as well as to his return from loan to his original futsal club, if applicable. 2. A copy of the loan agreement shall accompany the IFTC request (cf. article 5.2 paragraph 2). 3. Upon expiry of the loan period, the association of the futsal club that released the futsal player on loan shall request the IFTC to the association of the futsal club where he is registered on loan. Until the IFTC procedure has not been completed and the association that released the futsal player on loan has re-registered him in their electronic registration system, the futsal player is not eligible to play for his original futsal club. 6. Enforcement of disciplinary sanctions 1. A suspension imposed in terms of matches on a player for an infringement committed when playing futsal or in relation to a futsal match shall only affect the player’s participation for his futsal club. Similarly, a suspension imposed in terms of matches on a player participating in eleven-a-side football shall only affect the player’s participation for his eleven-a-side club. 2. A suspension imposed in terms of days and months shall affect a player’s participation for both his futsal as well as his eleven-a-side club, regardless of whether the infringement was committed in eleven-a-side football or futsal. 3. The association with which a futsal player is registered shall notify a suspension imposed in terms of days and months to the second association with which the player may be registered, if the player is registered, at the same time, for a futsal and an eleven-a-side club belonging to two different associations. 4. When delivering an IFTC, the former association shall notify the new association in writing of any pending disciplinary sanctions imposed on a player and, if applicable, their extension to have worldwide effect (cf. article 12 of these regulations). Football Agent Exam Study Materials – May 2023 edition - 299 97 7. Protection of minors 1. International transfers of players are only permitted if the player is over the ageof 18. The exceptions to this rule are outlined in article 19 of these regulations. 8. Training compensation The provisions on training compensation as provided for in article 20 and Annexe 4 of the regulations shall not apply to the transfer of players from futsal clubs. 9. Solidarity mechanism The provisions on solidarity mechanism as provided for in article 21 and Annexe 5 of these regulations shall not apply to the transfer of players to and from futsal clubs. Competence of FIFA 1. Sanctions shall be imposed on clubs and associations which violate the provisions contained in this annexe. 2. The FIFA general secretariat is responsible for investigating any violation of this annexe. 3. The FIFA Disciplinary Committee is responsible for sanctioning any violation of this annexe, in line with the FIFA Disciplinary Code. 4. Without prejudice to the right of any futsal player, coach, association or club to seek redress before a civil court for employment-related disputes, FIFA is competent to hear disputes as stipulated in article 22 of these regulations. 5. The Football Tribunal shall adjudicate on all disputes as stipulated in article 23 of these regulations. Annexes 10. A Football Agent Exam Study Materials – May 2023 edition - 300 ANNEXE 07. 98 Temporary rules addressing the exceptional situation deriving from the war in Ukraine 1. Scope of application This annexe applies to all employment contracts of an international dimension concluded between players or coaches and clubs affiliated to the Ukrainian Association of Football (UAF) or the Football Union of Russia (FUR), as well as to the registration of all players – regardless of their nationality – previously registered with the UAF. 2. Employment contracts of an international dimension with clubs affiliated to the UAF 1. Notwithstanding the provisions of these regulations and unless otherwise agreed between the parties, a contract of an international dimension between a player or a coach and a club affiliated to the UAF can be unilaterally suspended until 30 June 2023 by the player or the coach, provided that a mutual agreement with the club could not be reached before or on 30 June 2022. 2. The minimum length of a contract established under article 18 paragraph 2 of these regulations does not apply to any new contract concluded by the professional whose contract has been suspended in accordance with paragraph 1 above. Football Agent Exam Study Materials – May 2023 edition - 301 99 3. Employment contracts of an international dimension with clubs affiliated to the FUR 1. Notwithstanding the provisions of these regulations and unless otherwise agreed between the parties, a contract of an international dimension between a player or a coach and a club affiliated to the FUR can be unilaterally suspended until 30 June 2023 by the player or the coach, provided that a mutual agreement with the club could not be reached before or on 30 June 2022. 2. The minimum length of a contract established under article 18 paragraph 2 of these regulations does not apply to any new contract concluded by the professional whose contract has been suspended in accordance with paragraph 1 above. 4. Consequences of the suspension A player or coach whose contract has been suspended as per article 2 paragraph 1 or article 3 paragraph 1 above does not commit a breach of contract by signing and registering with a new club. Article 18 paragraph 5 of these regulations does not apply to a professional whose contract has been suspended as per article 2 paragraph 1 or article 3 paragraph 1 above. 5. Registration Notwithstanding the provisions of article 5 paragraph 4 of these regulations, a player whose previous registration was in the UAF or FUR, may be registered with a maximum of four clubs during one season and is eligible to play official matches for three different clubs. Registration periods Notwithstanding the provisions of Annexe 3, in case the UAF or FUR reject an ITC request for a professional within the scope of this annexe, FIFA is competent to immediately authorise the provisional registration of the player at the new association for his new club. Annexes 6. A Football Agent Exam Study Materials – May 2023 edition - 302 100 7. Protection of minors Notwithstanding the provisions of article 19 of these regulations, any minors residing in the territory of Ukraine who wish to be registered with a new club shall be automatically deemed to fulfil the requirements of the exception provided in article 19 paragraph 2 a) or d) of these regulations. 8. Training compensation 1. No training compensation is due for any player whose previous registration was in the UAF or FUR and whose contract has been suspended in order to be registered with a new club in accordance with this annexe. 2. No entitlement to training compensation will arise for any club not affiliated to the UAF or FUR who has registered a player following the suspension of the player’s contract in accordance with this annexe. Football Agent Exam Study Materials – May 2023 edition - 303