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., are sanctioned by law:
RIGHT OF SPORTS TRAINING
ARTICLE 1-This law aims 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.
ARTICLE 2 °-The effects of this law are designated as sports entities to the Civil Association for non-profit and to the Simples Associations, as defined in Article 1.
ARTICLE 3-The Civil Association or Simples Associations that 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.
ARTICLE 5-The Right of Sports Training is acquired when the sportsman has registered federatively in order to represent the sports entity in confederations, federations, associations, leagues or unions with legal personality recognised.
ARTICLE 6 °-The period of sports 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.
ARTICLE 7 °-The compensation to be paid in respect of the law of Sports Training in collective sports is effective in the following cases: (a) When the athlete is an amateur and holds the first professional contract; (b) When the sportsman is professional, each time a transfer of federative rights to another sports entity, retaining the same status, or each time he subscribes to a new contract.
Article 8-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 modality or legal form of linkage between the sportsman and the sporting 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.
ARTICLE 9 °-The obligation to pay must pay the compensation established within the period of thirty (30) days counted from the fact or legal act that generated the benefit.
ARTICLE 10. -The Law of Sports Training 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.
ARTICLE 11. -The period of limitation 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.
ARTICLE 12. -In the case of the conclusion of the first professional contract, the limitation period is computed from the registration of the said 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.
ARTICLE 13. -where 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 the confederations, federations, associations, leagues or unions, where it is located Member of the institution within a period of six (6) months computed from the expiry of the deadline set for the sports entities. The proceeds from this action must be used for the promotion of youth amateur sport.
ARTICLE 14. -Confederations, federations, associations, leagues or unions must incorporate in their regulations the right of sports training within six (6) months from the entry into force of this law and in the following cases:
(a) Due to the absence of a federal regulation, this law is final application; (b) In cases where they are not expressly provided for in the federal regulation, this law applies in an additional manner; the existence 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 right of Sports Training.
ARTICLE 15. -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 is abstract, the entity holding the right of sports training may: (a) Petition to ordinary courts; (b) Petition before an independent arbitral tribunal, independent, out of the federative field and specialized in the field of sport, 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.
ARTICLE 16. -Federative regulation cannot establish a compensatory amount for Sports Training Law lower than the parameters established in this law.
Incorporation into Professionalism
ARTICLE 17. -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.
ARTICLE 18. -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 a new contract, the destination sports entity must pay to
training entities in the concept of the right of sports training, the sum resulting from applying 5% (5%) on the gross value of the transfer of federal rights or whatever the denomination is 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.
ARTICLE 19. -The sportsman who unilaterally terminates the contract without cause imputable to the sports entity, being provided for the termination clause 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.
ARTICLE 20. -When the extinction of the bond is produced by mutual agreement of the parties and debts are compensated between the parties or there is some kind of compensation compensation to the sports 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.
ARTICLE 21. -Where there is a 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.
ARTICLE 22. -Articles 19, 20 and 21, in those federal regulations where the presumed cases provided for therein are not expressly provided for, in accordance with Article 14 (a), are applicable.
ARTICLE 23. -When the sports training corresponds to more than one sports entity, the amount in concept of compensation for the Law of Sports Training, is distributed pro rata according to the following scale: a. Year of 9th birthday 10%. b. From 10 th birthday 10%. c. Of the 11th birthday 10%. d. Of the 12 th birthday 10%. e. Of the 13 th birthday 10%. f. From 14 th birthday 10%.
g. Of 15 birthdays 10%. h. Of the 16th birthday 10%. i. Of the 17th birthday 10%. j. Of the 18 th birthday 10% When 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 formation 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.
ARTICLE 24. -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.
ARTICLE 25. -The national representative entity must distribute the amount perceived in the concept of the Law of Sports Training, in equal parts among the entities of those athletes who occupy the first, second, third and fourth places respectively.
ARTICLE 26. -If the qualifying sports entities are foreign, the compensation for sports training that corresponds to it will be perceived by the Argentine national representation entity 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.
ARTICLE 27. -Inaccuracy in the amounts declared in the cases provided for in Articles 17 to 21 and 24 as the basis for settlement, 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 (b) Fine of up to fifty per cent (50%) of the total amount of the compensation for properly settled Sports Training Law, in favour of the sporting entity holding that right when the conduct is repeated; (c) recidivism the fine will be raised to one hundred percent (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.
ARTICLE 28. -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
ARTICLE 29. -The holder of the action may choose to exercise the rights under this law before the ordinary justice corresponding to the jurisdiction of the domicile of the creditor. 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.
ARTICLE 30. -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.
Date of publication: 19/11/2015