Polish Union of Footballers
Handbook for foreign players
2015
Dear foreign players,
We present you a handbook containing the most important information about Polish football
regulation. This essential knowledge will surely facilitate your football career in our country and
help you to stay aware of your rights and obligation towards Polish clubs.
Please, remember that as a players’ trade union and a member of FIFPro (International Association
of players’ union) we are at your disposal anytime you have any doubts or problems regarding your
football contracts. You can contact us by:
PHONE: +48 42 673 00 92
or
MAIL: [email protected]
Best Regards,
Polish Union of Footballers
Table of contents:
1. Football contracts in Poland
Page 1
2. Obligations of a player and a club
Page 3
3. Player’s status
Page 4
4. Changing clubs
Page 6
5. Izba ds. Rozwiązywania Sporów Sportowych (Polish NDRC)
Page 8
6. Piłkarski Sąd Polubowny (Football Arbitration Court) – retrieving arrears
Page 10
7. Other
Page 12
1.
Football contracts in Poland
What is the possible duration of a professional football contract in Poland?
Contracts in Poland are always concluded on a fixed term not shorter then until the end of football
season and not longer than 5 years. In case of players between 15 and 18 years old the maximum
duration of a contract is 3 years.
When a player can sign a professional football contract?
A player can conclude a contract with a new club when:
- a contract with his current club expires,
- a contract with his current club will expire within next 6 months,
- a contract with his current club was terminated by a written mutual agreement, by a statement of
one of the parties, where there is a just cause stipulated in FA’s provisions or by decision of a
relevant Polish FA body.
A duration of subsequent contracts with different clubs cannot cover each other, and the player who
will violate this rule will suffer a disciplinary consequences.
If a player can change a club during the duration of his contract?
As a rule, a player cannot change a club during the duration of his contract. An exception is a
situation when three parties – a current club, a future club and a player will give their written
consent or when there is a waiving fee stipulated in a contract, paying which results in an immediate
termination of this contract.
Is it possible to unilaterally terminate a contract by a player?
On March 27th, 2015 the Polish FA Board adopted new regulations concerning football contracts.
There was introduced a mechanism of unilateral termination of the contract both by the players and
the clubs. We are presenting you in which case you can make a declaration of unilateral termination
of the contract.
First of all, when the club is late with the payment of remuneration for at least two months.
However, the player is obliged to send a written call for payment to the club and wait at least 14
before submitting declaration of unilateral termination of the contract.
Secondly, when the club due to its fault failed to register the player.
Thirdly, when the club due to its fault failed to insurance the player against accidents.
Fourthly, when the club does not provide treatment or rehabilitation of a player who suffered an
injury during a game or training or refuses to reimburse the cost of treatment or rehabilitation, on
which previously agreed.
Fifthly, when the current club is being relegated to a lower division as a result of an event other than
a sport competition based on final decision of a disciplinary body.
The club has the right to appeal to the National Dispute Resolution Chamber within 7 days from
receiving declaration of unilateral termination of the contract.
When a club can unilaterally terminate a contract with player due to player fault (PAWEŁ)?
The club has the right to unilateral terminate the contract with the fault of a player by declaration
submitted to a player in writing under the rigor of nullity only in the following cases (Art. 8 paragraph
4 of Minimum Requirements):
1) The player has been convicted by a final judgment issued by the common court for an
intentional offense prosecuted ex officio, provided that declaration of termination of the
contract will be submitted within one month from the date of officially confirmed
information about this fact.
2) The player was fined (disqualification of not less than three months, pronounced by the
competent disciplinary authority, provided that declaration of termination of the contract
will be submitted within one month from the date of validation of a disciplinary decision).
3) Regarding to a player there exists for a period of at least three months a preventive measure
(a ban on participation in competitions of championship and of the Polish Cup, which was
applied on the basis of decision of the competent disciplinary body, which has become valid).
4) The player, at least three times over the consecutive six months didn’t justify his absence in
writing within seven days.
5) The player took a part in betting on any football competitions.
What are the legal sanctions in case when player unreasonably submits the notice of termination
of the contract due to the fault of the club?
There is a distinction between players who have signed a contract before and after the age of 28. In
the first case, if there will be a contract termination with just cause due to a player’s violation in the
first 3 years of duration of the contract, sport sanctions will be imposed and the player will be
obliged to pay compensation. If the contract was concluded after the age of 28, the rules remain the
same, but the period is being shortened to the first 2 years. In case of termination of a contract with
just cause due to a player’s violation after the first 3 years of its duration (for players who were
younger than 28 years old when they concluded a contract) or after the first 2 years of its duration
(for players who were older than 28 years old when they concluded a contract) sport sanctions will
not be imposed. The only consequence for a player in this case is the obligation to pay
compensation.
What could be a sport sanction?
Judged sporting sanctions against the player the can be penalties in the amount from 100 zł to
100,000 zł and disqualification from 3 to 12 months. The amount of compensation judged from the
player to the club will be determined by the NDRC
Can an underage player conclude a professional football contract?
Underage player can conclude U18 contract. U18 contract can be concluded by a player who turns
15, and is less than 18. A maximum duration of a contract with a minor cannot exceed 3 years. Such
a contract is valid until the end of the deadline, which was included regardless of the period in
which the player turns 18. This contract may be concluded only with the consent of legal
representatives or legal guardians of the player. Their signatures shall be made on a contract next
to the player’s signature.
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2.
Obligations of a player and a club
What are the basic obligations of a football club towards a player?
Firstly, a club is obliged to create conditions for developing sport skills by a player. Secondly, a club
shall release a player when he receives an invitation to his national team. Thirdly, a club shall pay
remuneration established in a contract, additional agreements or bonus rules.
What are the basic obligations of a professional football player?
The basic obligations of a professional player are in particular: representing his club in national and
international competitions, an active participation in trainings and sport competition, undergoing
compulsory medical examinations and using pharmaceuticals prescribed by a club medical staff.
How a player’s remuneration should be determined?
The basic player’s remuneration is determined in the professional football contract (labor contract or
civil contract). The general principle expressed in art. 6 paragraph 1 of the Minimum Requirements is
that contract should stipulate all the rights and obligations between a club and a player connected
with professional football, including remuneration individually agreed with a player, additional
remuneration, depending on sports results and other non-monetary accomplishments of a club to a
player. The remuneration of an individual player should be provided in the contract for a whole
period of the contract, separately for each season. The remuneration should be determined on a
gross basis and indicate its currency and payment deadline.
What is the term of paying players contractual remuneration by a club?
The term of payment depends on the form of a contract. If it is a labor contract, then a remuneration
payment occurs monthly in arrears not later than a 10th day of the next month. If it is a civil contract,
a way of remuneration payment is not limited, and can be done in advance or in arrears, monthly or
for the whole season. In Polish FA regulations there is no guidelines regarding the terms of payments,
and the parties can determine them freely.
Is a player authorized to conclude with a club contracts which subordinate additional remuneration
from obtaining specified sports results?
Football contract should contain all the arrangements between a club and a player, in particular
regarding remuneration for the achievement of specified sports result. It’s not recommended to
conclude with a club additional contracts regarding these issues because in case of a bad sports
disposition, a player would weaken its position. This kind of a an additional contract gives to a club an
argument that the obligations stemming from such a contract are not subject of legal protection of
the Polish Football Association (PZPN).
Does the club have any insurance obligations towards the players?
Yes, the club is obliged to insure a player against accidents arising out of football activities, but the
insurance level is not determined
What are the sanctions for non-payment of player’s remuneration by the club?
A club can suffer a disciplinary responsibility for a non-payment of player’s remuneration only when
the arrears are confirmed by a final judgment of Pilkarski Sąd Polubowny (Football Arbitration Court
– Polish FA jurisdictional body resolving financial disputes between players and clubs). Financial
arrears towards player can also be a prerequisite to reject a license application due to failure to
comply with financial accountability criteria.
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3.
Player’s status
What status does players in Poland have?
Football players in Poland can be an amateur or a professional.
When a football player is an amateur?
An amateur is a player who does not receive remuneration or other monetary or material benefits
from playing football other than reimbursement of actual spending he has made during his
participation in an official Polish FA/professional league competition. The fact that an amateur
receives a reimbursement of travel or accommodation costs connected with participating in a game
and football equipment, insurance and training expenses does not affect his amateur status.
Who is a professional football player?
Professional players are those who have a contract with their club concluded in accordance with
Polish FA draft (a professional football contract). These players receive remuneration or other
monetary or material benefits for playing football. A player who after turning 15 years old signed a
professional contract with a football club, with his legal representatives’ consent, for the duration
not exceeding 3 years, and a basic monthly remuneration is at least 500 zlotys gross also has a
professional player status.
Who is obliged to have an amateur declaration?
All male amateurs playing in Ekstraklasa, I, II or III league competition, and all female amateurs
playing Ekstraliga or I league competition have to have an amateur declaration. Players in divisions
lower than III league, who are not professional players, should have an amateur declaration. It is
worth mentioning that regional football associations can introduce an obligation to sign an amateur
declaration in divisions lower than III league.
Who can play in Ekstraklasa, I and II league competition?
Only players who have concluded a professional contract with a club or amateurs can play in
Ekstraklasa, I and II league competition. In lower divisions, apart from above mentioned players, also
professional players who receive remuneration or other monetary or material benefits for playing
football on basis of a separate contract (other than professional football contract) can take part in
competition.
Does a professional player can become an amateur?
A player who was confirmed as a professional player can become an amateur only after 30 days from
the date he played the last match in an official Polish FA/professional league competition in the club
in which he was registered as a professional player.
When a player’s club membership expires?
A player’s club membership, who ends his sport career (he is obliged to submit a written statement
to his club), does not expires for the next 30 months. This period is initiated from the end of a season
in which a player took part in an official competition for the last time.
What conditions must be fulfilled in order to register and confirm a player in a club?
First of all, a player must be recognized as capable of playing football by a sport medic. The next
condition, essential for registering and confirming a player, is the fact that a player is not registered and
confirmed in other club and is released from a previous club. Thirdly, a player who did not turn 18
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years old should obtain a written consent of his parents or legal guardians. Finally, registration and
confirmation shall be done by entering the data to Extranet system on basis of a properly completed
application form.
What entity requests for players’ authorization?
A club submits a request to authorize a player to a body organizing particular competition. It should
submit a request not later than 10 days before an established term of championship competition
initiation. It is worth mentioning that only players registered in the Extranet system are entitled to be
authorized to play.
What confirms an intention of playing football?
A player declares an intention of playing football by signing a player’s card comparable to player’s
card pattern. The pattern is determined by a relevant football association.
What determines an intention of playing football by a professional player?
In case of a professional player whose club participate in Ekstraklasa, I or II league competition a
professional football contract concluded in accordance with Polish FA draft determines an intention
of playing football.
Can a player be registered in more than one club?
A player can be registered only in one club at the same time.
How many clubs can hire a player during one season?
A football season lasts from July 1st to June 30th of the next year. During that period a player can be
registered by 3 clubs at most, but he can play in an official matches only in two of them in one sport
season.
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4.
Changing clubs
What is a transfer?
Transfer is a change of clubs on basis of an agreement between a previous club and a future club
with player’s consent. It can be permanent or temporary. A transfer of a free agent (with no valid
contract) is not allowed.
What is a training compensation?
A training compensation is a payment for training and development of a player, which should be paid
by a new club to a previous club. It is payable to a previous club for training and development of a
player who did not turn 23 years old, regardless his status. It is also payable for training and
development of a player who is changing club during duration of his contract with a current club.
In what situation a current club will not be entitled to a training compensation?
A current club will not be entitled to a training compensation when:
- a player who is older than 23 years old changes club,
- a contract was terminated with just cause due to a club’s violation by a relevant Polish FA or regional
FA body,
- parties determined a release fee for an earlier termination of a contract in a contract and a future
club paid this fee.
Can a player change clubs outside transfer periods?
As a rule, changing clubs outside transfer windows is not possible. However, there are some
exceptions. These are the situations when:
- a contract is being terminated by a mutual agreement as a result of a withdrawal of the first team
from competition due to a liquidation of a club or its football section, a change of club’s scope of
activity or insolvency of a club,
- Izba ds. Rozwiązywania Sporów Sportowych (Polish NDRC) found that a contract between a player
and a club is invalid or non-existent,
- a player has submitted a declaration of unilateral termination of the contract due to club false and
club has not appeal to the National Dispute Resolution Chamber within 7 days from receiving
declaration of unilateral termination of the contract.
- a player was never registered and confirmed in any club.
Changing club membership outside transfer windows is also possible when a player was a free agent
after an expiry or termination of a professional football contract until the end of a summer transfer
window (August 31st each year), and then he signed a contract with another club. In that case, he can
be authorized to play in this club during the course of a season, but not later than February 28th of
the next year. Whereas, a player who was a free agent after an expiry or termination of a
professional football contract until the end of a winter transfer window (February 28th each year) can
be authorized to play in this club during the course of a season, but not later than March 31st.
What are the terms of transfer windows in Poland?
In case of Ekstraklasa, I and II male league as well as Ekstraliga and I female league transfer windows
occur each year:
- from July 1st to August 31st (summer transfer window),
- from February 1st to February 28th (winter transfer window).
In case of III male league and lower divisions as well as II and III female league transfer windows
occur each year:
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- from July 1st to August 31st (summer transfer window),
- from February 1st until the start of competition in a division of the particular club (winter transfer
window).
Who concludes a transfer agreement with a foreign club?
A transfer agreement with a foreign club is concluded directly with a Polish club.
What is a condition necessary to register and confirm a foreign player to play in Poland?
It is necessary to provide a transfer certificate of a foreign player’s home football association in order
to confirm and authorize him to play in Poland. Polish FA is obliged to request to another national FA
for issuing ITC (International Transfer Certificate).
What is a condition necessary to transfer a player from a Polish club to a foreign club?
A player who is playing in Polish league and is meant to be transferred to a foreign club must obtain a
transfer certificate form Polish FA. A foreign FA submit a request for a transfer certificate directly to
Polish FA.
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5. Izba ds. Rozwiązywania Sporów
Sportowych (Polish NDRC)
What is Izba ds. Rozwiązywania Sporów Sportowych (Polish NDRC) and what is its competence?
Izba ds. Rozwiązywania Sporów Sportowych (Polish NDRC) is one of the jurisdictional body of Polish
FA. It is composed of a chairman, 3 vice-chairmen, 6 players’ representatives and 6 clubs’
representatives. It resolves disputes between players and clubs regarding validity, existence and
termination of football contracts. However, it is not competent to resolve financial disputes.
How does a procedure in Izba ds. Rozwiązywania Sporów Sportowych look like?
A procedure in Izba ds. Rozwiązywania Sporów Sportowych consists of two instances. In the first
instance a decisive panel is composed of 3 persons (one players’ representative, one clubs’
representative and a chairman from Polish FA). If a party is dissatisfied by a decision, it can appeal to
a 5-person panel within 14 days from the time of receiving a written decision with grounds taken in
first instance. In both instances a decisive panel is composed of an equal representation of players’
(recommended by Polish Union of Footballers)and clubs’ representatives. An Izba ds. Rozwiązywania
Sporów Sportowych decision can be a subject of appeal to Court of Arbitration for Sport (CAS) in
Lausanne.
Who can be a party of a proceeding during Izba ds. Rozwiązywania Sporów Sportowych?
Male and female players playing football in Polish clubs and a club-members of Polish FA can be
parties in Izba ds. Rozwiązywania Sporów Sportowych proceeding.
What are the rights of a party in Izba ds. Rozwiązywania Sporów Sportowych proceeding?
In Izba ds. Rozwiązywania Sporów Sportowych proceeding parties can use basic procedural rights
based on an equal treatment of the parties and a rights to defense principles. Basic procedural rights
are: providing explanations, presentation of evidence, get acquainted with the existing
documentation, obtaining written response with grounds.
If a player can be represented by a proxy during Izba ds. Rozwiązywania Sporów Sportowych
proceeding?
Parties can be represented by professional proxies, that is representatives they chose. It can be a
lawyer, an attorney at law, a person in permanent commission and a licensed football agent. It is
worth mentioning that a player can be represented by a spouse, parents or siblings, and with a
consent of other party – also by a captain or other player from the team he was recently playing in.
The club can be also represented by an authorized club’s employee.
In what form the proceeding in Izba ds. Rozwiązywania Sporów Sportowych is held?
A proceeding in Izba ds. Rozwiązywania Sporów Sportowych is held orally and in writing.
Correspondence in a particular case is forwarded to parties by fax, post or courier. If parties agree,
correspondence in a particular case (including notice of the dates of the meetings) is forwarded by email.
What measures of inquiry Izba ds. Rozwiązywania Sporów Sportowych uses during an evidence
proceeding?
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Evidence used in Izba ds. Rozwiązywania Sporów Sportowych are: hearings of parties, witnesses’
statements, expert opinion, documents examination or any other measure recognized as relevant to
prove certain circumstances.
Środki dowodowe, które są wykorzystywane przez Izbę to: dowód z przesłuchania stron, dowód z
zeznań świadków, dowód z opinii biegłego (ekspertyza), przedstawianie dokumentów czy każdy inny
środek uznany za właściwy dla udowodnienia danej okoliczności. Parties are obliged to refer to
evidence to support their claims. Every fact must be proved by a party which presented it.
What does an Izba ds. Rozwiązywania Sporów Sportowych decision consist of?
A decision of Izba ds. Rozwiązywania Sporów Sportowych is made in writing. It must consists of: a
date of its conception, names of members of a decisive panel, names of parties, claims of parties
with grounds, a conclusion (including potential distribution of costs), factual and legal grounds of a
decision, a signature of a chairman of the decisive panel and an indication of legal remedies available
to parties (type, name of an appeal body, a deadline for appeal).
Is a player obliged to bear the costs of Izba ds. Rozwiązywania Sporów Sportowych proceeding?
A proceeding in Izba ds. Rozwiązywania Sporów Sportowych is free of charge both for players and
clubs. Parties are also not obliged to return any proceeding costs apart from receivables for experts,
witnesses and interpreters requested by them.
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6. Piłkarski Sąd Polubowny (Football
Arbitration Court) – retrieving arrears
What is Piłkarski Sąd Polubowny and what is its competence?
Piłkarski Sąd Polubowny is one of Polish FA’s jurisdictional body. It is composed of 26 arbiters,
including a chairman, a vice-chairman and a secretary. It resolves disputes regarding economical or
intangible rights that can be a subject of an agreement, in particular those that are stipulated in
professional football contract (a civil contract). If a professional football contract was concluded as a
labor contract, then all aroused disputes are resolved by a relevant labor court.
What additional competences are carried out by Piłkarski Sąd Polubowny?
Additionally, Pikarski Sąd Polubowny is inter alia responsible for determining the amount of training
compensation for a player changing club membership, resolving disputes regarding sponsorship
agreements, disputes connected with the activity of football agents or football insurance issues.
When Piłkarski Sąd Polubowny can resolve a dispute?
Piłkarski Sąd Polubowny is competent to resolve a dispute on basis of so called arbitration clause, a
provision in a contract which subjects the disputes connected with the contract to the jurisdiction of
Piłkarski Sąd Polubowny. Clubs are obliged to include an arbitration clause in their contracts.
What procedural step initiates a procedure in Piłkarski Sąd Polubowny?
A procedure in Piłkarski Sąd Polubowny is initiated with a lawsuit. It is submitted together with a
necessary number of copies for each defendant.
What does a lawsuit to Piłkarski Sąd Polubowny consists of?
A lawsuit to Piłkarski Sąd Polubowny should include an indication of parties with their addresses, email addresses and contact phone numbers. It shall also include a precise claim with grounds and
evidences that prove adduced circumstances. A necessary element of a lawsuit is also an indication
of an amount in dispute gross.
Does a plaintiff is obliged to attach additional documents to a lawsuit in Piłkarski Sąd Polubowny
procedure?
Documentary evidences listed in a lawsuit, as well as contracts and agreements concluded between
parties, shall be attached to a lawsuit in copies or duplicates which compliance with originals are
confirmed.
If an agreement during Piłkarski Sąd Polubowny procedure is possible?
Every dispute procedure, both ex officio or at the request of a party, can be preceded by a
conciliation in order to reach an agreement by the parties. In case of no agreement during a
conciliation, a plaintiff’s motion initiates a dispute procedure. If a plaintiff will not submit a motion
initiating a dispute procedure within 21 days after the end of conciliation, it is considered that a
lawsuit is not causing any legal effect.
What effect entails reaching an agreement in Piłkarski Sąd Polubowny?
If parties reached an agreement in Piłkarski Sąd Polubowny, the proceeding is being remitted.
Who can be a proxy of a natural person (a player) during Piłkarski Sąd Polubowny proceeding?
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Parties can be represented by authorized proxies. The following persons can be a proxy of a natural
person: a lawyer, an attorney at law, a join participant of a dispute, licensed football agent, parents,
a spouse, siblings, descendants of a party and adoptees of a party.
What kind of parties’ inquiries are admitted by Piłkarski Sąd Polubowny decisive panel?
A decisive panel of Piłkarski Sąd Polubowny can allow an documentary evidence, perform visual
inspections and hear the parties, witnesses and experts. The credibility and strength of an evidence is
assessed by Piłkarski Sąd Polubowny decisive panel according to its discretion based on
comprehensive consideration of the collected material.
In what form an arbitral award of Piłkarski Sąd Polubowny is issued?
An arbitral award can be a verdict or a decision of Piłkarski Sąd Polubowny. Regardless, orders and
other procedural decisions can be issued. A Piłkarski Sąd Polubowny verdict can be adjudging,
retaining or shaping.
From what components a Piłkarski Sąd Polubowny verdict should consist of?
A Piłkarski Sąd Polubowny verdict should include: a place and date of its issuing, an indication of
parties and arbiters, a resolution of claims of parties, a decision on costs, an introduction of
reasoning of a decisive panel and signatures of all arbiters.
Is a retrial within Piłkarski Sąd Polubowny procedure possible?
Within 14 days after receiving a verdict with grounds a party can file a motion to Piłkarski Sąd Polubowny
for a retrial. A retrial is being performer by a 5-person (changed) decisive panel. In addition parties are
entitled to file a complaint to repeal arbitration court verdict on basis of Art. 1205 of Civil Procedure Code.
It should be submitted within 3 months after receiving a verdict with grounds.
What happens if I have final judgement of Piłkarski Sąd Polubowny and Club still doesn’t pay?
With final judgment of PSP you can obtain in Civil Court enforcement clause. You need to fill in an
application for granting enforcement clause to Civil Court and enclose final judgement from Piłkarski Sąd
Polubowny. With enforcement clause the bailiff may initiate the execution of debts.
Where regulations regarding Piłkarski Sąd Polubowny procedural costs are stated?
This costs are stipulated by a document called Piłkarski Sąd Polubowny Costs Regulations.
What fees are included in Piłkarski Sąd Polubowny procedural costs?
Procedural costs consist of a basic fee and a reimbursement of spending. A basic fee consists of a
registration fee and a proportional entry fee. A plaintiff is obliged to pay a non-refundable registration fee
in the amount of 300 zlotys as well as an entry fee which amount depends on an amount in dispute and it
is temporary. A Piłkarski Sąd Polubowny Secretary calls a plaintiff to pay a basic fee in writing.
In economical disputes entry fees in relation to an amount in dispute are the following:
a) to 30.000 zlotys – 6%, not less than 600 zlotys;
b) from 30.001 zlotys to 60.000 zlotys – 5%;
c) from 60.001 zlotys to 120.000 zlotys – 4%;
d) from 120.001 zlotys to 360.000 zlotys – 3%;
e) above 360.000 zlotys – 2%.
The whole entry fee shall not exceed 20.000 zlotys.
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7.
Other
Can a professional player participate in a bookmaker betting?
A professional player’s participation in a bookmaker Betting on any league or cup competition that
takes place in Poland are forbidden! A violation of aforementioned ban involves imposing statutory
and disciplinary sanctions, including a possibility to terminate a contract with just cause due to
player’s violation.
What are the consequences of a sport corruption committed by a professional player?
If a sport corruption was stated by a final verdict of a criminal court, a player is obliged to pay an
amount equivalent to his yearly remuneration in a club to Polish FA account. Additionally, it is a crime
jeopardized with imprisonment from 6 months to 8 years.
If a professional player can be involved in an additional sport activity?
During a duration of a contract a player cannot be involved in an activity that is a potential injury
threat. Such activity can be for example skiing, jet skiing, motorcycling. What is important, a player
cannot also play in other football competition like football five or football six, unless a club will give
its consent for such activity in writing.
How many vacation leave days a player has?
A player is entitled to 30 days of paid annual vacation leave, which, depending on an agreement with
a club, should be used in periods when no matches and trainings are conducted.
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Polski Związek Piłkarzy
ul. Widzewska 69a 92308 Łódź
Tel.: +48 42 673 00 92
Mail: [email protected]
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