In this new opportunity that graciously gives us magazine, will continue (as in the previous issue) trying to clarify the contract scenario imposed from July 1 with the implementation of the new collective agreement N 557/09. As we acknowledge in the magazine for the month of may, the contractual rules of professional athletes have been amended in favor of a necessary and up to date balance of juridico-deportivos conflict. This has led to increase minimum wages of players caps, eliminate economic fines as disciplinary sanction, reducing the amount of copies for signature, incorporating the assumptions of the labour contract law favoring the players in case of judicial disputes, and (most important) the modification of contracts, replacing the automatic extensions by fixed term contracts and certain time. On this occasion, we are going to lead to modifications in the basic salaries of football players professionals. As well sets the Article 13 of the agreement, minimum bumpers have suffered a modification in line with current needs, rising to three thousand dollars ($3,000) in first grade, two thousand dollars ($2,000) in category B national and five hundred thousand pesos ($1,500) in the B category. These amounts have been understood as basic salary of the athlete, which tells us that sums cannot be set below these minima stops. Likewise the player, in addition to the salary, will receive prizes according to the current practice. One of them will be the prize by cattle point, which is going to be determined by the five percent (5%) of the wage that perceived, according to its category.
Down to practice, a category A player who receives three thousand pesos per month, also going to charge by cattle point, the sum of one hundred and fifty pesos ($150). In tuning, the new collective agreement stipulates a new temporary limitation in terms of the principal obligation of all club meeting for with his players. But here we must take into account a difference between the monthly salary and extras premiums. The compensation payment must be made within the first four (4) business days of the expiration month. On the other hand, economic compliance with awards (by points, goals or WINS), must be carried within five working days to the event in dispute. Again put in practice, if a player contractually agrees that you will receive two hundred pesos by accomplished goal, and makes two at the meeting on Sunday, the club must pay him four hundred pesos before next Friday.
In relation to the supplementary annual wage, commonly known as aguinaldo, the new Convention stipulates that the footballer is going to perceive the fifty percent (50%) of the higher remuneration that has been perceived in every respect (and this is important because it incorporates most of the prizes, except for tournaments or Championships) in the current semester. Therefore, awards received by cattle point or goals more converted the monthly salary, will determine the tax base for the amount of the bonus payments, which must be paid in two parts: mid-year and at the end of this. For any breach of this obligation in head of the club, the player must follow a claim procedure the institution with notification to your Guild. But we will leave this topic for the next note, with the objective to remain clear and precise in the development of these issues that both passionate football lovers. Greetings and see you soon. Dr. Jose r. Balmaceda. Lawyer specialist in sports law. Director of the Institute of law of the sports of the College of lawyers of Quilmes.