Article 2 (d) of the Staff Regulations takes into account the special employment relationship of professional sportsmen and women, as laid down in the first provision of Law 32/1984 of 2 August 1984 on Amendment of certain articles of Law 8/1980, of 10 March, of the Staff Regulations, as the Government, within the maximum period of twelve months counting from the entry into force of the referenced Law, had to regulate the The legal basis for the special employment relations provided for in the Law on the Statute of Workers.
By this standard, compliance with this mandate is given, valuing first of all the origin of a new regulation of this special employment relationship, which will replace the current current contained in the Royal Decree 318/1981, of 5 February; for these purposes, the experience of the application of the Royal Decree has been taken into account, currently seeking, through this new rule, to resolve those issues which the experience of the application of the Previous regulations have shown need for more complete or appropriate regulation of the peculiarities of a relationship of this type.
In this respect, the basic objective has been to transfer as many criteria as possible from the common labour standards to the field of this special relationship, without forgetting the specific features of the practice. In this sense, the norm has been understood as a legal instrument that in order to have its fullest virtuality must be completed by collective bargaining, as a characteristic source of labor law.
In its virtue, on the proposal of the Minister of Labour and Social Security, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on June 26, 1985,
Article 1. Scope of application.
One. -This Royal Decree regulates the special working relationship of professional athletes, referred to in the second article, number one, paragraph d) of the Workers ' Statute.
Two. -They are professional athletes, who, by virtue of a established relationship on a regular basis, voluntarily dedicate themselves to the practice of sport on behalf of and within the scope of organization and management of a club or a sports entity in return for remuneration.
Those persons who are engaged in the practice of sport within the scope of a club are excluded from the scope of this rule by perceiving only the compensation of the expenses arising from their sporting practice.
Three. -From the scope of this Royal Decree, relations with a regular character established between professional athletes and companies whose social object consists in the organization of spectacles are included in the scope of this Royal Decree. sports, as well as the hiring of professional athletes by companies or commercial firms, for the development, in one and another case, of the sports activities in the terms foreseen in the previous number.
Four.-The isolated actions for an entrepreneur or organizer of public spectacles, professional athletes referred to in this Royal Decree, will be excluded from the present regulation, without prejudice to the character of the a common or special labour force which may correspond to the recruitment and competence of the labour jurisdiction in order to find out about the conflicts arising in relation to it.
Five.-The acts, situation and relations affecting the professional sportsmen and women of the sports legal regime will be governed by their specific regulations. They are understood by such, the determination of the form, class and nature of the competencies, their organization, the pointing of the rules of the game and the disciplinary regime applicable to the violators of such rules.
Six. -These rules will not apply to the relations between professional athletes and National Federations when they are integrated into teams, representations or selections organized by them.
Art. 2. Ability to contract on the basis of nationality.
In the matter of nationality, the legislation in force for foreign workers in Spain will be available, without prejudice to the application of the specific rules on participation in official competitions and the Specialties provided for in Article 14 of this Royal Decree.
Art. 3. Form of contract and content.
One. -The contract will be formalized in writing in triplicate. One copy shall be for each of the contracting parties and the third shall be recorded in the INEM. The trade union and sports entities to which the player and club belong may apply to INEM for the corresponding certifications of the submitted documentation.
Two. -That contract must record at least:
a) The identification of the parts.
b) The object of the contract.
(c) The agreed remuneration, with the expression of the different concepts, and in the case of the corresponding review clauses and the days, time limits and place in which those amounts must be paid.
d) The duration of the contract.
Three. The special employment relationship of professional sportsmen and women will not be applicable to the provisions of Article 16. One of the Staff Regulations, without prejudice to the prohibition of private placement agencies.
Art. 4. Modes of the work contract.
One. -The contract for training shall be governed by the provisions of the Staff Regulations and other common labour regulations; in accordance with it the situation of temporary incapacity for work and the fulfilment of the service The military or the replacement social service shall interrupt the calculation of the duration of the contract unless expressly agreed otherwise.
Two. -For the conclusion of part-time work contracts, the provisions of Article 12 (1), (2), (3) and (4) of the Staff Regulations shall apply.
Art. 5. Test period.
A probationary period may be concluded in writing, the duration of which may not exceed three months and shall be governed by the provisions of the Staff Regulations.
Art. 6. Duration of the contract.
The special employment relationship of professional sportsmen and women will always be of a certain duration, with the possibility of hiring for a certain time or for the performance of a number of sporting performances that constitute a clearly determinable or identifiable unit in the field of relevant sports practice.
Extensions of the contract may occur, equally for a given duration, by successive agreements to the expiration of the term originally agreed.
Only if a collective agreement so established can be agreed in the individual contracts a system of extensions different from the previous one, which in any case will be in accordance with the conditions established in the convention.
Art. 7. Rights and obligations of the parties.
One. The professional sportsman is obliged to perform the sports activity for which he has been hired on the dates indicated, applying the specific diligence corresponding to his personal physical and technical conditions, and agreement with applicable rules of the game and the instructions of the club representatives or sports entity.
Two. -Professional sportspersons shall have the right to freely express their views on the matters related to their profession, with respect to the Law and the requirements of their contractual situation, and without prejudice to limitations that may be established in collective agreement, provided that they are duly justified for sporting reasons.
Three. -As regards the participation in the benefits arising from the commercial exploitation of the image of the athletes, it will be possible to determine by collective agreement or individual pact, except in the assumption of recruitment by undertakings or commercial firms provided for in Article 1 (3) of this Royal Decree.
Four. -Professional sportsmen have the right to effective occupation, not being able, except in case of sanction or injury, to be excluded from training and other instrumental or preparatory activities for the exercise of the sports activity.
Five.-The basic rights and duties provided for in Articles 4 and 5 of the Staff Regulations shall apply to this special employment relationship.
Art. 8. Remuneration.
One. The remuneration of professional athletes will be the one agreed upon in collective agreement or individual contract.
Two. -They will have the legal consideration of salary all the perceptions that the athlete receives from the club or sports entity, whether in cash or in kind, as retribution for the provision of his professional services.
Those amounts that under current labour law are excluded are excluded from the salary.
Art. 9. Day.
One. The professional sportsman's day shall include the effective delivery of his services to the public and the time when he is under the direct orders of the club or sports entity for the purpose of training or preparation. physical and technical for the same.
Two. The duration of the working day shall be that fixed in collective agreement or individual contract, with respect in any case of the legal limits in force, which may be applied in annual computation.
Three. The time of concentration prior to the holding of sports competitions or performances, nor the employees on the displacements to the place of the celebration, will not be computed for the maximum duration of the day. of the same, without prejudice to the treatment and maximum duration of such times through collective bargaining.
Art. 10. Breaks and holidays.
One. -Professional sportsmen will enjoy a minimum weekly rest day and a half, which will be fixed by mutual agreement, and which will not coincide with the days in which the professional performance of the sport in question. If the weekly rest cannot be enjoyed without interruption, due to sports requirements of the club or sports entity, the part not enjoyed will be transferred to another day of the week. In cases where there are commitments for immediate sporting action, the minimum weekly rest may be counted as equivalent to thirty-six hours.
Two. -When the parties included in the official calendar cannot be enjoyed, for sporting requirements of the club or sports entity, the rest will be moved to another day of the week.
Three. -Professional sportsmen will be entitled to an annual paid vacation of thirty calendar days, whose time of enjoyment, as well as their possible fractionation; they will be agreed by collective agreement or contract individual.
Art. 11. Temporary disposals.
One. -During the term of a contract, the clubs or sports entities may temporarily cede to others the services of a professional athlete, with the express consent of this professional athlete.
Two. The club or sports entity must consent to the temporary assignment of the sportsman to another club or sports entity when during the course of the whole season his services have not been used to participate in official competition to the public.
Three. -In the agreement of transfer, the duration of the agreement shall be expressly indicated, which may not exceed the time that the professional sportsman's contract with the club or entity of origin is in effect. The transferee shall be subrogated to the rights and obligations of the transferor, both jointly and severally responding to the performance of the work and social security obligations.
Four. -If the cession takes place by economic consideration, the sportsman shall be entitled to receive the amount agreed upon in individual or collective agreement, which shall not be less than 15 per 100 gross of the quantity stipulated. In the case of the reciprocal transfer of sportspersons, each of them shall be entitled, at least, to the club of provenance, to an amount equivalent to a monthly payment of their remuneration plus one twelfth of the quality and quantity of work received over the last year.
Art. 12. Contract suspension.
The employment contract may be suspended for the reasons and for the purposes laid down in the Staff Regulations.
Art. 13. Termination of the contract.
The employment relationship will be extinguished for the following reasons:
a) By mutual agreement of the parties. If the extinction by mutual agreement has the object of the final assignment of the sportsman to another club or sports entity, it will be to what the parties agree on economic conditions of conclusion of the contract; in the absence of pact the compensation for the sportsman may not be less than 15 per 100 gross of the amount stipulated.
b) By the expiration of the agreed time.
c) For total contract compliance.
d) By death or injury resulting in the athlete's permanent incapacity total or absolute or great invalidity. In such cases, the sportsman or his beneficiaries shall have the right to receive compensation of at least six months if the death or injury suffered their cause in the exercise of the sport. All without prejudice to the social security benefits to which they were entitled.
e) By dissolution or liquidation of the club or the corresponding sports entity, by agreement of the General Assembly of Partners. In these cases, the procedure laid down in Article 50 and one of the Staff Regulations shall be followed.
(f) By economic crisis of the club or sports entity that justifies a restructuring of the staff of athletes, in accordance with the procedure referred to in the preceding paragraph. Also, by crisis of another type that prevents the normal development of the activity of the club or sports entity by means of the same administrative procedure.
g) For the reasons validly entered in the contract, except that the same constitutes manifest abuse of law by the club or sports entity.
h) By dismissal of the sportsman.
i) By the will of the professional sportsman.
Art. 14. Termination of the contract for the expiration of the agreed time.
One. -For the event that after the termination of the contract for the expiration of the agreed time the sportsman stipulated a new contract with another club or sports entity, by collective agreement the existence of a new contract can be agreed compensation for preparation or training, corresponding to the new club's credit to the source.
Two.-When the hiring by Spanish clubs of foreign athletes applies different rules of the previous ones, according to the legal regime of the country of origin of the sportsman, criteria will be applied of reciprocity in the hiring by foreign sports clubs or clubs of athletes linked to Spanish clubs.
Three. Successive contracts which can be concluded with other Spanish clubs by foreign athletes hired in accordance with the provisions of the preceding paragraph may continue to apply the legal system of the first contract to these effects.
Four. -Payments in foreign currency that may be made as a result of the provisions of the preceding paragraphs shall be in accordance with the provisions of Royal Decree 2402/1980 of 10 October 1980, or other regulations resulting from it. (a) to be applied in the field of change control, and therefore to be preceded by the corresponding authorisation of the Directorate-General for External Transactions.
Art. 15. Effects of termination of the contract for dismissal of the athlete.
Uno In case of unfair dismissal, without readmission, the professional sportsman will be entitled to compensation, which in the absence of a pact will be established judicially, of at least two monthly allowances, plus the the corresponding proportional share of the quality and quantity of work allowances received over the last year, with periods of less than one year being extended for months. For their fixing, the concurrent circumstances shall be weighted, in particular the case concerning the remuneration to be paid by the sportsman because of the early termination of his contract.
Two. The dismissal founded on serious contractual non-compliance of the athlete will not give any right to compensation in favor of the same. In the absence of a pact in this respect, the Labor Jurisdiction may agree, where appropriate, to indemnities in favor of the club or sports entity, in the light of the economic damage caused to it.
Art. 16. Effects of the termination of the contract by the athlete's will.
One.-The termination of the contract by the professional sportsman, without cause attributable to the club, will give this right, if any, to an indemnity which in the absence of a pact in this respect will fix the Labor Jurisdiction in function of the circumstances of a sporting order, the damage caused to the entity, reasons for breaking up and other elements deemed to be estimable by the judgment.
In the event that the athlete within one year from the date of extinction, contracts his services with another club or sports entity, these will be responsible for the payment of the pecuniary obligations indicated.
Two.-The termination of the contract requested by the professional sportsman, based on one of the causes mentioned in Article 50 of the Workers ' Statute, will produce the same effects as the unfair dismissal readmission.
Art. 17. Fouls and penalties.
One. -The sportsman's contractual non-compliances may be sanctioned by the club or sports entity according to its seriousness. All the penalties imposed will be subject to the Labour Jurisdiction. Collective agreements shall establish the graduation of faults and penalties, which may include pecuniary penalties as a result of contractual non-compliance of the worker.
Two. -In no case can sanctions be imposed for performances or extractiportive conduct, except that they have a serious and negative impact on the professional performance of the athlete or adversely affect the image of the club or sports entity. No penalties shall be imposed either for the reduction of the duration of the holiday or for any other minorations of the athlete's right to rest.
Art. 18. Collective rights.
One. -Professional athletes will have the collective rights recognized in general in the legislation in force, in the form and conditions that are agreed upon in the agreements.
Two. However, the suspension of the contract will not proceed for reasons of union representation, except for agreement between the affected athlete and the club or sports entity.
Art. 19. Competent jurisdiction.
The conflicts that arise between professional athletes and their clubs or sports entities, as a result of the employment contract, will be the responsibility of the Labor Jurisdiction.
Art. 20. Administrative powers.
The Employment Administration shall exercise the powers of its own in all matters governed by this Standard in an administrative intervention in which they are approved in the employment relations. common.
Art. 21. Extra duty.
In the absence of this Royal Decree, the Staff Regulations and other labour standards of general application shall apply as soon as they are not incompatible with the special nature of the employment relationship of the professional sportsmen.
The working conditions agreed upon in contracts or collective agreements formalized prior to the validity of this Royal Decree, and whose treatment according to the same corresponds to individual or collective agreements, maintain, in so far as they do not object to necessary rules of law, until they are replaced by new covenants.
All statutory or statutory provisions which, in the field of employment, are contrary to this Law, are hereby repealed and, expressly, Royal Decree 318/1981 of 5 February.
This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".
Given in Madrid to June 26, 1985.
JOHN CARLOS R.
The Minister of Labour and Social Security
JOAQUIN ALMUNIA AMANN