Dia: 4 de Setembro, 2023

  • Professional football player’s employment contract in Portugal

    A professional football player’s employment contract in Portugal, like in many other countries, is a legally binding agreement between the player and the club. The specific terms and conditions may vary depending on the club and the player’s negotiating power, but there are some common clauses that are typically included in these contracts. Here are the main clauses you can expect to find:

    Contract Duration: The contract should specify the duration of the agreement, including the start and end date. It may also include provisions for extensions or renewal options.

    Salary and Compensation: This clause outlines the player’s salary, bonuses, and any other compensation, including performance-related incentives, signing-on bonuses, and appearance fees.

    Duties and Responsibilities: The contract should detail the player’s obligations, including training, matches, promotional activities, and compliance with team rules and codes of conduct.

    Image Rights: It may specify how the player’s image rights are handled, including any endorsements, sponsorships, or commercial activities. This often includes provisions for the club to use the player’s image for promotional purposes.

    Termination: The contract should outline the conditions under which it can be terminated by either party, such as breaches of contract, injury-related clauses, or mutual agreement. It may also include provisions for notice periods.

    Release Clauses: Some contracts include release clauses that specify the amount a club must pay if they want to buy out the player’s contract before its expiration.

    Transfer and Loan Clauses: If applicable, the contract may include terms related to potential transfers or loan deals, including buyout clauses and the player’s consent in such matters.

    Insurance and Medical Care: This section typically addresses the club’s responsibility for providing medical care and insurance coverage for the player during their employment.

    Behavior and Discipline: It may include provisions regarding the player’s behavior, disciplinary actions, and potential fines for misconduct.

    Governing Law and Dispute Resolution: The contract may specify the governing law and jurisdiction for any legal disputes that may arise.

    Agent’s Commission: If the player is represented by an agent, the contract may outline the agent’s commission and payment terms.

    Bonus and Performance Incentives: This section details any performance-based bonuses or incentives the player may be entitled to, such as goal bonuses, appearance fees, or team performance-related bonuses.

    Accommodation and Relocation: For players moving from abroad or distant regions of Portugal, there may be clauses regarding accommodation and relocation assistance provided by the club.

    Miscellaneous Clauses: These may include clauses related to privacy, confidentiality, and any other specific terms or conditions agreed upon by both parties.

    It’s important to note that employment contracts for professional football players can be highly complex and can vary from club to club. Players often have agents or legal representatives to help negotiate the terms and ensure their interests are protected. Additionally, these contracts are subject to regulations set by the Portuguese Football Federation (FPF) and FIFA. Players and clubs must comply with these regulations when drafting and signing contracts.

    In Portugal, only lawyers registered with the Portuguese Bar Association (OA) are authorized to provide legal advice or consultancy, including drafting or analyzing any type of contract.

    Adriano Martins Pinheiro, lawyer in Portugal

    tags: tags: football, soccer, portugal, contract .

  • Representation contract between a soccer player and an intermediary in Portugal

    We can provide some general information about the representation contract between a soccer player and an intermediary (commonly known as an agent) in Portugal. However, please keep in mind that specific rules and regulations may have changed since then, and it’s essential to consult with legal experts for the most up-to-date information.

    In Portugal, as in many other countries, soccer agents (intermediary ) are regulated by the Portuguese Football Federation (FPF) and must comply with certain rules and regulations when representing players. Here are some key points regarding representation contracts in Portuguese soccer:

    Licensing: Agents in Portugal must obtain a license from the FPF to operate legally. To obtain a license, they typically need to pass certain examinations and meet specific criteria set by the federation.

    Representation Contract: When a soccer player decides to hire an agent, they enter into a representation contract. This contract outlines the terms and conditions of the agent’s representation, including the scope of their duties, duration of the contract, compensation, and any other relevant terms.

    Duration: The duration of a representation contract can vary but is often set for a specific period, such as one or two years. The contract may include provisions for renewal or termination under certain circumstances.

    Compensation: Agents in Portugal typically receive compensation in the form of a commission based on the player’s earnings from a contract or transfer. The percentage of the commission may vary but is usually agreed upon in advance.

    Duties and Responsibilities: The representation contract should clearly define the agent’s responsibilities, which may include negotiating player contracts, transfers, and endorsement deals, as well as providing advice and support to the player.

    Conflict of Interest: Agents are required to act in the best interests of their clients (the players) and avoid any conflicts of interest that could compromise their fiduciary duty.

    Compliance with Regulations: Agents must comply with all relevant regulations and codes of conduct set by the FPF and FIFA (Fédération Internationale de Football Association), the global governing body of soccer.

    Termination: The representation contract may specify the conditions under which it can be terminated by either party. Common termination clauses include breaches of contract, failure to secure a contract or transfer within a specified period, or mutual agreement.

    It’s essential for both players and agents to seek legal advice and ensure that any representation contract complies with the current regulations in Portugal. Additionally, FIFA has established global regulations regarding player agents, which may also apply to agents operating in Portugal.

    Please note that regulations in the world of sports can change, and it’s crucial to verify the latest requirements and guidelines with legal experts to ensure compliance.

    In Portugal, only lawyers registered with the Portuguese Bar Association (OA) are authorized to provide legal advice or consultancy, including drafting or analyzing any type of contract.

    Adriano Martins Pinheiro, lawyer in Portugal

    tags: football, soccer, portugal, contract .