Regulates The Employment Of Professionals And Workers Who Performs Related Activities An Athletes


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"Article 1.-Introducense the following |! |" changes in the labour code: 1. added in article 22, the following paragraph |! | end, new: "the working time of athletes |! |" professionals and workers who perform |! | related activities will be organized by the technical body |! | and the corresponding professional sports entity, de |! | According to the nature of sporting activity and a |! | limits compatible with the health of the athletes, and |! | does not apply to provisions of subsection |! | first of this article. "."

2 changed the paragraph first of article 38, |! | (deel modo siguiente: a) replacements, in the numeral 6.-, (comma) and |! | the conjunction "and" is followed, by a semicolon (;);

(b) replace, in the numeral 7-endpoint |! | (.) (por ",y", y c) added a number 8-, new, with the next |! | text: "8.-quality of professional athletes or |! |" workers who perform related activities. "."

3. Add, in title II of book I, the |! | next chapter VI, new: "chapter VI of the contract of professional athletes and |! |" workers who perform related activities |! |
Article 152 bis A.-This chapter regulates the |! | relationship of work under dependence or subordination, |! | among the workers who engage in the practice of the |! | professional football and those who perform activities |! | related with your employer.

Paragraph 1 definitions article 152 bis B.-for the purposes of the |! | application of this chapter, the expressions that |! | listed below shall have the meaning for |! | (cada caso se señalan: a) pro athlete, is any natural person |! | which, by virtue of a contract of employment, is dedicated to the |! | practice of a sport, under dependence and subordination |! | of a sports organisation, receiving thus a |! | remuneration.

(b) worker who carries out related activities, is |! | who paid form serves as coach, |! | Technical Assistant, or any other quality directly |! | linked to the practice of professional sports.

(c) sports entity, is the natural person or |! | legal that it uses the services of an athlete |! | Professional, or a worker who plays |! | related activities, pursuant to a contract of |! | work.

(d) Supreme institution of the respective discipline |! | Sports Chilean, are those entities that organize |! | professional sports skills of character |! | International, national, regional or local.

(e) season, is the period in which are |! | they develop the organized official Championships |! | by the Supreme institution of the respective discipline |! | sports. It is understood that the end of the season, |! | for every sports entity, it is the date on which this |! | He played his last official competition.

Paragraph 2º form, content and duration of the contract of employment article 152 bis C.-without prejudice |! | Article 9°, the employment contract will be signed in |! | tripled, delivering a copy to the athlete |! | Professional or worker who performs activities |! | related, in the signing ceremony; another will be held |! | the employer and the third will be registered, within the |! | within 10 working days of subscribed the contract, before |! | respondent superior.

The contract shall state any benefit or |! | providing the professional athlete, receiving and |! | keep as it causes the employment contract.

Article 152 bis D.-the contract of work from the |! | Professional and hard-working athletes who play |! | related activities will be held for a certain time. |!| The duration of the first contract of employment to be |! | celebrate with a sports entity may not be less |! | a season, or what you subtract, if is has |! | started, or more than five years.

The renewal of this contract must be with |! | the agreement expressly and in writing by the employee, in every |! | opportunity, and will have a minimum duration of six months.

Article 152 bis e. -when an athlete celebrate |! | his first work as a professional contract |! | with a distinct or sports entity the |! | participants in their training and education, that |! | You must pay to the latter reason compensation |! | of the formative work according to standards |! | fixed by the Supreme institution of the respective |! | Sports discipline.

Such payment will be directed only to compensate |! | the formation of the athlete, and shall take into account, |! | to set the compensation concerned, participation |! | proportional between the different sports entities |! | participants in the training and education of these |! | athletes.

Article 152 bis F-use and commercial exploitation |! | the image of professional athletes and the |! | workers carrying out related activities, by |! | part of their employers, for purposes other than the object |! | main services, and in each case |! | in that this should be used, it will require of its |! | express authorization.

As for the monetary benefits for the |! | worker, will be to what is determined in the |! | individual contract or collective instrument, according to |! | appropriate.

Article 152 bis G.-the sports entity that |! | using any subterfuge, hide or simulate |! | benefits or employment benefits that have as |! | causes the employment contract, it shall be punished from |! | pursuant to article 152 bis in L.

Paragraph 3 of the periodicity in the payment of salaries article 152 bis H-the remuneration will be paid |! | with the frequency stipulated in the contract of |! | work, but the periods which are agreed upon will not be able |! | exceed a month.

However, the emoluments which the parties agree |! | as incentives or rewards for achievement of |! | sporting objectives, must be paid within the |! | ninety days following the occurrence of the fact that |! | He originated them. In any case, if the employment contract |! | ends prior to the arrival of this period, the |! | emoluments agreed as rewards and incentives should be |! | paid to the date of termination of the contract.

Paragraph 4 temporary assignments and definite article 152 bis i.-during the term of the |! | contract, the sports entity may agree with another |! | the temporary assignment of athlete services |! | Professional or an indemnity for termination |! | advance of the employment contract, for whose effects |! | There must be acceptance of this. The |! | respective contract must be granted in writing.

The release temporarily suspends the effects of the |! | contract between the assignor and the worker, |! | but not interrupted nor suspended the duration time |! | agreed in said contract. Met the deadline of the |! | temporary assignment, the professional athlete is |! | re-join it at the service of the sporting entity |! | assignor.

By virtue of the contract of temporary transfer, the |! | transferor entity be liable subsidiarily by the |! | compliance with the financial obligations of the |! | assignee, up to the amount of what is agreed in the contract |! | original.

Refers to compensation for termination |! | advance of the employment contract, the amount of money |! | a sports entity pays another for this |! | access to early terminate the employment contract |! | that links it to a pro athlete, and by |! | both, puts an end to the contract.

At least ten percent of the amount of this |! | indemnity will correspond you to the athlete |! | Professional.

The termination of the employment contract produces the |! | freedom of action of the professional athlete.

Paragraph 5 of the right to information and payment by subrogation article 152 bis J.-the Supreme institution of the |! | respective Chilean sport should be |! | informed by the sporting participating |! | in the competitions organized on the amount and |! | State of labor obligations and |! | social security that they apply with regard to the |! | Professional and hard-working athletes who play |! | related activities who work for them.

In the event that the sports institution not accredited |! | timely full compliance of those |! | obligations, the Supreme institution of the respective |! | Sport, at the request of the |! | workers concerned, shall withhold from the |! | obligations that have in favor of one that sums |! | due and pay by subrogation the athlete |! | Professional or worker who performs activities |! | related or creditor pension institution.

The amount and status of implementation of the |! | labour and social security obligations concerning |! | the first paragraph of this article, shall be credited in |! | the way established in the second paragraph of the article |! | 183-c of this code.

Paragraph 6 of the rules of order, hygiene and security article 152 bis K-Sports entities |! | they will be required to make an internal regulation |! | order, hygiene and security, containing the |! | obligations and prohibitions which must be secured the |! | professional athletes and workers than |! | they play related activities, in the terms |! | established in title III of book I.
In any case, sanctions may be imposed by |! | Sport behaviors or situations. Nor can |! | sanctions involving the reduction of the |! | holiday or any rest, as well as exclusion |! | training with the professional staff.

Sports professionals and workers that |! | they play related activities are entitled to |! | freely express their views on topics |! | related to their profession.

Article 152 bis L-infringements a thing |! | in the present chapter shall be punished with |! | the fines referred to in the second paragraph of the article |! | 478 of this code. "."