In Belgium, athletes are subject to their status either by the law of 24 February 1978 on the employment contract for paid sportspeople or by the decree of 24 July 1996 establishing the status of non-paid sportspeople.
The criterion on the basis of which the scope is determined is the salary that the athlete receives. This wage limit for athletes from within the European Economic Area is determined annually by Royal Decree for the period from 1 July to 30 June. For the period July 1, 2017 to June 30, 2018, this wage limit – regardless of whether it concerns part-time or full-time work – is EUR 10,200.00. Wages include fixed wages, competition bonuses, winning bonuses, signing fees, housing and the use of a car or mobile phone.
If the athlete earns more than EUR 10,200.00 / year, the law of February 24, 1978 applies. If the athlete falls below this wage limit, he or she is a non-professional athlete who falls under the aforementioned decree of 24 July 1996. However, there are exceptions for athletes who fall below the wage limit but are still bound by an employment contract. The latter is a consequence of a ruling by the Constitutional Court.
Under Article 3.1 of the decree, the non-professional sportsperson has the right to terminate the agreement between himself and his sports club annually. However, this termination must be done by registered letter and in principle between June 1 and June 30. This period – which must always be one month – can, however, be changed for sports clubs after approval by the Flemish government.
Such termination means that the athlete may freely transfer to another sports club – even as a professional athlete. There are no possibilities of resistance against this.
Article 3§2 of the decree is clear in the case of a regular termination of an agreement between an amateur athlete and his sports club. The payment of any compensation following a transfer is prohibited.
It should be noted that an employment contract for paid sportspeople can only be validly concluded from the end of full-time compulsory education at the earliest. In football, basketball, volleyball and cycling, this minimum age has also been increased to 16 years for a part-time employment contract and to 18 years for a full-time employment contract. Below this age, people are by definition covered by the decree of 24 July 1996.
In conclusion, it can be stated that every amateur athlete and every young athlete who has not yet reached the end of full-time compulsory education can change sports club freely and free of charge every year, provided that a valid termination has been given.
Any provision in a regulation that is contrary to the decree of 24 July 1996 and that aggravates the rights of non-professional sportspersons is null and void.
In certain cases, training compensation may nevertheless be due for young athletes. In addition, the questionable figure of reinforcement is sometimes used in the sports world. The parents hereby undertake to pay a certain amount (compensation) to the sports club if their child does not sign a new contract with the same sports club at the end of compulsory education or upon reaching the age of majority.
Questions about this? Do not hesitate to contact us via it contact form or via sport@everest-law.be.