LAW of training sports right of training sports law 27211 regime General. Professionalism. Individual sports. Jurisdiction and competence. Sanctioned: 04 November of 2015 promulgated: 18 November of 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: law of training sports chapter I regime General article 1 ° - this law aims to establish and regulate the right of sports training, which will be recognized to non-profit civil associations and simple associations, whose main activity is training, practice, development, sustainability, organization and representation in all its disciplines.
Article 2 ° - for the purposes of this Act is designated sports entity to non-profit Civil Association and simple associations, defined in article 1 °.
Article 3 - the Civil Association or simple associations engaged in the sports training, are entitled to receive activity compensation in money or in kind equivalent.
Article 4 ° - sports training is training, training and improvement of the quality and skill of the athlete involved in the practice of amateur or professional discipline. It discipline sports, any outside its mode, is considered as a single to the purposes of this law.
Article 5 - the right to sports training is acquired when the athlete has registered federativamente in order to represent the sports entity in confederations, federations, associations, leagues or unions with recognized legal personality.
Article 6 ° - sports training period is one that is understood among the ninth birthday of the athlete Calendar and the calendar of the 18th year, both included.
(https://www.boletinoficial.gob.ar/pdf/linkQR/ZUNBblhqQ1FuaGhycmZ0RFhoUThyQT09 article 7 - compensation corresponding to paid right of sports training in collective sports is made effective in the following cases: to) when the athlete is amateur and held the first professional contract; (b) when is the athlete professional, every time there is a transfer of Federal rights to other sports entity, retaining the same status, or whenever you sign a new contract.
Article 8 ° - professional contract is one that stipulates a monthly remuneration to the athlete, that is equal or greater than the minimum vital and mobile wage, well try to work, location of service contract, scholarship, internship or any other form or form legal links between the athlete and the sports entity. The compensation that appropriate pay in concept of right of training sports in them sports individual is will be effective when is carried to out tournaments organized in the territory national.
Article 9 ° - the obligor to pay must pay compensation established within a period of thirty (30) days after the fact or legal act that created the benefit.
ARTICLE 10. -The law of training sports is indispensable. The owner sports entity may not have, assign, or transfer this right to third parties. Any event, Convention or available regulatory in contrary to this prohibition, will be liable of nullity.
ARTICLE 11. -The period of prescription of the action to claim the right to sports training is of two (2) years from the date of registration of the incorporation of the athlete representing the sports entity in the confederations, federations, associations, leagues or unions.
ARTICLE 12. -In the case of the conclusion of the first professional contract, the limitation period is computed from the registration of the contract referred to confederations, federations, associations, leagues or unions. In the case that does not register the professional contract, the limitation period is computed from the date of celebration of the same. 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.
ARTICLE 13. -When the assignee of the right of sports training does not commence the action within the time limit set in article 11, this claim may be made by the confederations, federations, associations, leagues or unions, which is affiliated the forming entity within a period of six (6) months calculated from the expiry of the deadline for sports organizations. The revenues obtained by this action must be used for the promotion of youth amateur sport.
ARTICLE 14. (-The confederations, federations, associations, leagues or unions should incorporate in its regulations the right of sports training in the period of six (6) months from the entry into force of this law and in the following cases: https://www.boletinoficial.gob.ar/pdf/linkQR/ZUNBblhqQ1FuaGhycmZ0RFhoUThyQT09 to) expiry of this period and in the absence of federal regulations, this law is definitive application; (b) in those cases where not expressly referred to in the Federal regulations, this law applies supplementary; (c) in the case of existence of conflict between the provisions of this law and federal regulation, applies the standard more favorable to the holder of the right of sports training, and; (d) in the case of existence of conflict between various federations regulations, provisions should be applied the standard more favorable to the holder of the right of sports training.
ARTICLE 15. -Federal Regulation should establish an effective procedure which, in the event of non-compliance, sports and pecuniary penalties which may not be less than those laid down in this law. (In them cases in that there is regulation federal, but its execution is torne abstract, the entity holder of the right of training sports may: to) petition before the justice ordinary; (b) petition before a court arbitration autonomous, independent, out of the field federative and specialized in the field sports, without their effects are opposable to third. An execution becomes abstract when expired the term of thirty (30) days, not is has given course to the claim, or when after six (6) months of started the same not be has dictated resolution final. The presentation of the claim before the Federation respective interrupted the prescription of the action established in this law.
ARTICLE 16. -The regulatory federal not can set an amount compensatory by law of training sports lower to them parameters established in this law.
Chapter II addition to professionalism article 17. -In collective sports Federated, when the amateur athlete signed first professional contract in the terms provided for in article 8, the contracting sports entity payable forming entities in respect of right of sports training the resulting sum to apply a five percent (5%) on the gross value total payment and by including whole raw Awards and other remunerative products, receiving the athlete by his professional activity throughout the period referred to in the contract. For the sole purpose of the settlement of the compensation payable a contractual term of three (3) years, is taken as a minimum regardless of the actual term which have provided the parties to the contract but had less.
Chapter III athlete professional article 18. -In those team sports Federated, when the athlete is professional, every time there is a transfer of Federal rights to another sporting entity while retaining the same status, or whenever you sign a new contract, the target sports entity payable to https://www.boletinoficial.gob.ar/pdf/linkQR/ZUNBblhqQ1FuaGhycmZ0RFhoUThyQT09 forming entities in respect of right of sports training, the resulting sum of applying a five percent (5%) on the gross value of transfer of Federal rights or any is the name that is used. If you do not know the value of transfer of federal law, it is determined by the gross value of the signed contract between the athlete and the sports entity of destination or origin, resulting from higher value. For the sole purpose of the settlement of the compensation to pay a contractual term of three (3) years is taken as a minimum. In case of not knowing is the transfer value or the contract of the athlete, it is fixed as compensatory value for right of sports training, a sum equal to thirty-six (36) minimum Vital and mobile wage.
ARTICLE 19. -The athlete who unilaterally terminates the contract without reasons imputable to the sports entity, being under the termination clause or there is some kind of compensation compensation to the sports entity of origin, the gross amount of the same is considered as value of transfer for the purposes of the payment of the right of sports training, although the paid sum comes from the athlete or third party national or foreign. In this case the sports entity of origin is the subject liable to the payment of the right of sports training.
ARTICLE 20. -When the extinction of the link is produce by mutual agreement of them parts and is compensate debts between them parts or there is some type of compensation compensation to the entity sports of origin, the amount gross of it compensation or compensation, according to is the case, is which is considered as value of transfer to them purposes of the payment of the right of training sports , although the paid sum comes from Parties or a third party, national or foreign. In this case the sports entity of origin is the subject liable to the payment of the right of sports training.
ARTICLE 21. -When there is a transfer of rights of percentages on the value of future transfer of Federative rights to third parties, the assignor subject should retain five percent (5%) of the sum gross perceived by assignment and must pay for the right to sports training forming entities.
ARTICLE 22. (-Are of application extra them articles 19, 20 and 21, in those regulations Federative where not is contemplated expressly the alleged there provided, of conformity with it stipulated in the article 14, subsection to).
ARTICLE 23. -When the training sports corresponds to more than one entity sports, the amount in concept of compensation by right of training sports, is distributed to pro rata according to the following scale: to. year of the 9 ° birthday 10%. b. of the 10 birthday 10%. c. 11 birthday 10%. d. of the 12 birthday 10%. e of the 13 birthday 10%. f of 14 birthday 10%.
https://www.boletinoficial.gob.ar/pdf/linkQR/ZUNBblhqQ1FuaGhycmZ0RFhoUThyQT09 g. 15 birthday 10%. h. De 16 birthday 10%. i. of the 17th birthday 10%. j. of the 18 birthday 10% when in a same year calendar had more than one entity sports forming, the percentage received is distributed between them in form proportional to them months covered in the training sport of that year. When a period of time there are simultaneously two (2) sports entities forming by participating the athlete in two (2) confederations, federations, associations, leagues or different unions, should be distributed in the equivalent form the percentage which corresponds to the year settled.
Chapter IV individual sports article 24. -In the individual sports, in all tournament organized within the national territory that includes awards for all concepts in a gross sum equal or higher than thirty-six (36) minimum wages of vital and mobile, the event organizer must pay, to the representative national entity of the discipline involved in the competition, five percent (5%) of the entirety of the awards paid as of right of sports training.
ARTICLE 25. -The national representative body must distribute the amount perceived right of sports training, in equal parts between the forming entities of athletes who occupy the first, second, third and fourth place respectively.
ARTICLE 26. -If the beneficiary forming sports entities are foreign, compensation for sports training corresponding will be perceived by the entity of argentina national representation of the sport involved. The procedure laid down in article 23 is applicable for the purposes of the distribution of the right to sports training.
Chapter V penalties article 27. (-The inaccuracy in the quantities declared in the cases provided for in articles 17 to 21 and 24 as a basis for settlement, makes liable to the obligor to pay a punitive sanction consisting in: to) fine equivalent to twenty five percent (25%) of the total amount of the compensation right of sports training correctly paid, in favour of the owner sports entity of that right in cases incurred for the first time in a failure; (b) a fine of up to fifty percent (50%) of the total amount of the compensation law of sports training correctly paid, in favour of the incumbent sports entity of that right when you repeat the behavior; (c) in the case of recidivism the fine will be raised to one hundred percent (100%).
https://www.boletinoficial.gob.ar/pdf/linkQR/ZUNBblhqQ1FuaGhycmZ0RFhoUThyQT09 produced of these fines is must be for the Sports Association, holder of the right to training which was in charge of the training of the professional. Provisions does not release the debtor from the obligation of integrating the whole of the compensation right of sports training that would have corresponded.
ARTICLE 28. -The confederations, federations, associations, leagues or unions, must sign professional contracts who have concluded, his omission will make them liable of the sanctions provided for in this law.
Chapter VI jurisdiction and competence article 29. -Action holder may choose to exercise the rights protected by this law before the ordinary courts corresponding to the jurisdiction of the domicile of the creditor. In the process before the justice ordinary is must apply the procedure abbreviated that is find regulated in the code of Rite local, to them late of guarantee it quickly in the collection of the compensation regulated; or to an arbitral tribunal that is autonomous, independent, outside the federative and specialized in the sports field.
ARTICLE 30. -Communicate is to the power Executive national.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TO THE FOUR DAYS OF THE MONTH OF NOVEMBER IN THE YEAR TWO THOUSAND AND FIFTEEN.
-REGISTERED UNDER NO. 27211 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -John H. Estrada. -Lucas Chedrese.
Date of publication: 19/11/2015 https://www.boletinoficial.gob.ar/pdf/linkQR/ZUNBblhqQ1FuaGhycmZ0RFhoUThyQT09