RIGHT OF SPORTS TRAINING
General Scheme. Professionalism. Individual Sports. Jurisdiction and Competition.
Sanctioned: November 04, 2015
Enacted: November 18, 2015
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
RIGHT OF SPORTS TRAINING
The purpose of this law is to institute and regulate the Law of Sports Training, which will be recognized to the Civil Associations for non-profit and to the Simples Associations, whose main activity is the formation, practice, development, support, organization and sports representation in all its disciplines.
For the purposes of this law, a sports entity is designated as a non-profit Civil Association and the Simples Associations, as defined in Article 1.
The Civil Association or Simples Associations which exercise sports training, have the right to receive compensation in money or their equivalent in kind for their activity.
ARTICLE 4 °-
Sports training is the training, training and improvement of the quality and skill of the athlete involved in the practice of an amateur or professional discipline.
Sports discipline, whatever its modality, is considered as one for the purposes of this law.
Sports Training Law is acquired when the sportsman has been federally registered in order to represent the sports entity in confederations, federations, associations, leagues or unions with recognized legal status.
The period of training is the one that falls between the calendar year of the athlete's ninth birthday and the calendar year of the 18th, both included.
The compensation to be paid in respect of the law of sports training in collective sports is effective in the following cases:
(a) Where the athlete is an amateur and holds the first professional contract;
(b) When the athlete is a professional, each time a transfer of federal rights to another sports entity takes place, retaining the same status, or each time he subscribes to a new contract.
Professional contract is the one that provides a monthly salary to the athlete, who is equal to or above the minimum living and mobile salary, whether it is a work contract, a service location, a scholarship, an internship or any other form or form Legal relationship between the sportsman and the sports entity.
The compensation to be paid in respect of the right of sports training in individual sports will be made effective when tournaments are held in the national territory.
The payment must pay the compensation established within the period of thirty (30) days counted from the fact or legal act that generated the benefit.
Sports Training Law is indispensable. The titular sports entity may not dispose, assign or transfer this right to third parties. Any act, convention or regulatory provision contrary to this prohibition shall be liable for nullity.
The limitation period of the action to claim the Law of Sports Training is two (2) years, counted from the date of registration of the incorporation of the sportsman in representation of the sports entity in the confederations, federations, associations, leagues or unions.
In the case of the conclusion of the first professional contract, the limitation period is computed from the registration of the contract in the confederations, federations, associations, leagues or unions.
In the event that the professional contract is not registered, the limitation period shall be calculated from the date of conclusion of the contract.
For the payment of any concept by the organizer of a national or international event, the limitation period is computed from the date of completion of the tournament.
Where the institution of the right of sports training does not initiate the action within the time limit laid down in Article 11, this claim may be made by confederations, federations, associations, leagues or unions, where it is affiliated. the forming entity within a period of six (6) months computed from the expiration of the deadline set for the sports entities.
The proceeds from this action must be used for the promotion of youth amateur sport.
The confederations, federations, associations, leagues or unions must incorporate in their regulations the right of sports formation within six (6) months from the entry into force of this law and in the following cases:
(a) Due to this deadline and in the absence of federal regulation, this law is final application;
(b) In those cases where they are not expressly provided for in the federal regulation, this law applies in an additional manner;
(c) In the event of conflict between the provisions of this Law and the Federative Regulation, the most favourable rule applies to the holder of the right of sports training, and;
(d) In the event of conflict between the provisions of the regulations of different federations, the most favourable rule for the holder of the Sports Training Law must be applied.
Federal rules should provide for an effective enforcement procedure which provides for, in the event of non-compliance, sporting and financial penalties which cannot be lower than those laid down in this law.
In cases where there is a federal regulation, but its implementation shall be abstract, the entity holding the right of sports training may:
a) Petition to ordinary justice;
(b) to petition an independent, independent, arbitral tribunal outside the federative and specialized sports field, without its effects being oponable to third parties.
An execution becomes abstract when the time limit of thirty (30) days has expired, no course has been given to the claim, or when six (6) months of initiate the same one has not been given definitive resolution.
The filing of the claim with the respective federation interrupts the limitation of the action established in this law.
The federal regulations cannot establish a compensatory amount for the Law of Sports Training lower than the parameters established in this law.
Incorporation into Professionalism
In the case of a federal collective sport, where the amateur sportsman signs the first professional contract in accordance with the terms laid down in Article 8 °, the contracting authority must pay the forming entities in respect of the sports training the sum resulting from applying 5% (5%) on the gross value of the total payment and for all purposes including premiums, prizes and other remuneration items, which the athlete receives for his or her professional activity throughout the period covered by the contract.
The only effect of the settlement of the compensation to be paid is taken at least for a contractual period of three (3) years, regardless of the actual term that the parties have stipulated in the contract even if it has a lower term.
In those collective sports, when the sportsman is professional, each time a transfer of federative rights to another sports entity takes place, retaining the same status, or each time he subscribes to a new contract, the destination sports entity must pay to the forming entities in the concept of the right of sports training, the sum resulting from applying five percent (5%) on the gross value of transfer of federal rights or whatever the name to be used.
If the transfer value of the federative right is not known, it is determined by the gross value of the contract signed between the sportsman and the sporting entity of destination or origin, whichever is the most valuable.
The only effect of the settlement of the compensation to be paid is taken at least for a contractual period of three (3) years.
If the transfer value or the athlete's contract is not known, it is set as a compensatory value by the Law of Sports Training, a sum equal to thirty-six (36) Minimum Living and Mobile Wage.
The sportsman who unilaterally terminates the contract without cause attributable to the sports entity, the termination clause being provided or there is some kind of compensation compensation to the sports entity of origin, the gross amount of the is considered as a transfer value for the purposes of the payment of the Sports Training Law, even if the sum paid comes from the sportsman or a third party, national or foreign.
In this case the sports entity of origin is the subject obliged to pay the Law of Sports Training.
Where the termination of the bond occurs by mutual agreement of the parties and debts are compensated between the parties or there is some kind of compensation compensation to the sporting entity of origin, the gross amount of the compensation or compensation, as the case may be, it is considered as a transfer value for the purposes of the payment of the Sports Training Law, even if the sum paid comes from the parties or from a third, national or foreign country.
In this case the sporting entity of origin is the subject obliged to pay the right of sports training.
Where there is an onerous transfer of percentages on the value of future transfer of federal rights to third parties, the transferor must retain five per cent (5%) of the gross sum charged by the transfer and must pay the Sports training to training institutions.
Articles 19, 20 and 21 are applicable in those federal regulations in which the alleged cases are not expressly contemplated, in accordance with the provisions of Article 14 (a).
Where the sports training corresponds to more than one sporting entity, the amount in respect of compensation for the Law of Sports Training is distributed in proportion to the following scale:
a. Year of the 9th birthday 10%.
b. 10% or 10%.
c. 11 birthdays 10%.
d. 12 birthdays 10%.
e. Of 13 birthdays 10%.
f. Of 14 birthdays 10%.
g. Of 15 birthdays 10%.
h. Of 16 birthdays 10%.
i. Of 17 birthdays 10%.
j. Of 18 birthdays 10%
Where in the same calendar year there is more than one forming sports entity, the percentage received is distributed among them in proportion to the months included in the sports training of that year.
When two (2) sports entities are simultaneously involved in two (2) confederations, federations, associations, leagues or different unions in the same period of time, two (2) different sports entities must be distributed in a manner equivalent to the percentage corresponding to the year settled.
In individual sports, in every tournament organized within the national territory that contemplates prizes for every concept in a gross sum equal to or greater than thirty-six (36) vital and mobile minimum wages, the organizer of the event must to pay, to the national representative body of the discipline involved in the competition, five per cent (5%) of the total of the prizes paid under the Law of Sports Training.
The national representative entity must distribute the amount received in the form of Sports Training Law, in equal parts between the entities of those athletes who occupy the first, second, third and fourth places respectively.
If the qualifying sports entities are foreign, the corresponding sports training compensation will be received by the Argentine national representative of the sports discipline involved.
The procedure laid down in Article 23 shall apply for the purposes of the distribution of the Sports Training Law.
The inaccuracy in the amounts declared in the cases provided for in Articles 17 to 21 and 24 as the basis for the liquidation makes it liable to the obligation to pay a punitive penalty consisting of:
(a) Multa equivalent to 25% (25%) of the total amount of the compensation for properly settled Sports Training Law, in favour of the sporting entity holding that right in the cases where the first time is incurred in a fault;
(b) Fine of up to 50% (50%) of the total amount of the properly settled Sports Training Law compensation, in favour of the sporting entity holding that right when the conduct is repeated;
(c) In the event of recurrence, the fine shall be 100% (100%).
The production of these fines must be made available to the sports association, which is the holder of the right of training which the training of the professional was responsible for.
The provisions do not exempt the debtor from the obligation to integrate the whole of the compensation for the Sports Training Law which it would have corresponded to.
Confederations, federations, associations, leagues or unions, must register the professional contracts they have concluded, their omission will make them liable for the penalties provided for in this law.
Jurisdiction and Competition
The holder of the action may choose to exercise the rights under this law before the ordinary justice corresponding to the jurisdiction of the creditor's domicile. In the case of ordinary justice, the abbreviated procedure that is regulated in the local rite code must be applied for the purpose of guaranteeing the speed in the collection of the regulated compensation; or before an arbitral tribunal independent, independent, out of the federative field and specialized in the field of sport.
Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE FOUR DAYS OF NOVEMBER OF THE YEAR TWO THOUSAND FIFTEEN.
-REGISTERED UNDER NO 27211-
BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese.