Sports employment lawyer
The status of the paid sportsperson
In Belgium a paid sportsperson does not fall under ordinary employment law. The Act of 24 February 1978 sets a separate regime: fixed-term contracts, limited grounds for termination, an annually indexed pay threshold and its own rules on the indemnity for early termination. Federation regulations apply on top of that, and in international files the rules of FIFA, UEFA or the UCI apply as well. Read such a contract as a standard employment contract and you reach the wrong conclusions.
We advise clubs, athletes, coaches, federations and agents on the negotiation, the performance and the termination of those contracts. We also handle the social security around them: the calculation of employer contributions for sportspeople, the treatment of bonuses and signing fees, and the question of bogus self-employment for coaches and medical staff. Cross-border files are part of the work, including posting within the EU, A1 certificates, foreign players on a Belgian contract and Belgian athletes with an employer abroad.
What a sports employment lawyer does for you
We work before the dispute, when the contract is drafted, and during it, when a party contests or breaks the agreement.
Contracts for paid sportspeople
We draft fixed-term contracts and test them against the 1978 Act: duration, renewal, options, exclusivity, medical clauses and penalty clauses. During negotiation we watch the pay threshold that triggers the special status, and what it means for social security contributions.
Pay, bonuses and signing fees
Signing fees, match bonuses, performance bonuses, image rights payments and benefits in kind are not always classified correctly. We determine what counts as pay under the Act, what the social security office includes, and which amounts remain payable after the athlete leaves.
Social security contributions
Paid sportspeople have their own basis of calculation for social security contributions, with ceilings and specific rules. We check the declarations, guide clubs through an inspection by the national social security office and defend them against corrections, back payments and default interest.
Dismissal and breach of contract
Ending a fixed-term contract unilaterally costs money. We calculate the termination indemnity, contest or defend a dismissal for serious cause within the statutory deadlines, and negotiate a settlement when both parties want the file closed quickly.
Posting and international employment
An athlete who trains, competes or lives abroad raises questions about the applicable law, the A1 certificate, Limosa and double charges. We arrange the posting in advance, and we repair files in which the social security affiliation turns out to have been wrong.
Bogus self-employment
Coaches, physiotherapists, scouts and analysts often invoice as self-employed while the actual relationship of authority points to an employment contract. We assess that risk in advance, seek a ruling from the Administrative Commission where useful, and defend you against reclassification.
How such a file runs
Who decides
Disputes on pay and dismissal go to the labour court, and on appeal to the labour court of appeal. Contract disputes with an international football element go to the FIFA Football Tribunal, with appeal to the CAS/TAS in Lausanne. Some regulations designate the Belgian Court of Arbitration for Sport.
Deadlines
An employment claim lapses one year after the contract ends, and at the latest five years after the event. A dismissal for serious cause runs on periods of three working days. An appeal to the CAS must be filed within twenty-one days.
What to do first
Collect the contract, the annexes, the pay slips and every message about the termination. Sign no settlement and no receipt for social documents while the file is open. Call or email us as soon as a notice, a sanction or an inspection reaches you.
Frequently asked questions
Does my sports contract fall under ordinary employment law?
Not where you are a paid sportsperson. The Act of 24 February 1978 imposes a separate regime: fixed-term contracts, limited scope to give notice, an annually indexed pay threshold and its own rules on the severance payment. The regulations of the federation apply on top of that. Reading such a contract as an ordinary employment contract leads to the wrong conclusions.
What does it cost to end a fixed-term contract early?
As a rule, a payment. A fixed-term contract runs to its expiry date in principle, and the party who leaves or gives notice earlier pays. What that payment amounts to depends on your contract and on the regulations that apply to it. Have that checked before you give notice.
Within what period must I bring a pay or dismissal claim?
An employment claim lapses one year after the contract ends, and at the latest five years after the event. A dismissal for serious cause runs on periods of three working days. An appeal to the CAS must be filed within twenty-one days. Disputes on pay and dismissal go to the labour court, and on appeal to the labour court of appeal.
Our coach invoices as self-employed. Is that a risk?
That depends on the facts, not on the label on the contract. Training at fixed hours, penalties for absence and instructions on how the work is done all point to a relationship of authority, and then we are talking about pay. We assess that risk in advance, seek a ruling from the Administrative Commission where useful, and defend you against reclassification.
What do I do after a social security inspection?
Collect your contracts, your proof of payment and your training schedule, and reply within the period set in the report. An inspector looks at the facts, not at the label on the contract. A well-supported reply at that stage often prevents proceedings.
Sports we handle this domain in
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