Study On Interpretation And Application Of FIFA Training Compensation Rules By The Court Of Arbitration For Sport

The FIFA training compensation rules are composed of two parts of the FIFA Regulations on the Status and Transfer of Players.One is the framework of Article 20,and the other is the implementation of Annex IV.In addition,some FIFA circulars also play an important role in supplementing the above-mentioned rules.Disputes caused by training compensation can be resolved through the FIFA Dispute Resolution Chamber and the Court of Arbitration for Sport.Through the analysis of 59 training compensation cases heard by the Court of Arbitration for Sport,we have a deeper understanding of the FIFA training compensation rules.First,two criteria(the written contract and the remuneration of the player)have to be cumulatively fulfilled in order to classify a player as professional,and,in case one of those conditions is not met,the player is considered to be amateur.If the club signs a written contract with the player,and the club pays the player directly or for the player to pay more than the player’s necessary expenditure for participating in football activities,the player It is a professional player,otherwise it is an amateur player.Second,the club must meet at least two conditions to obtain training compensation: one is the formal condition,that is,the club that the player has registered between the ages of 12 and 23;the other is the substantive condition,that is,the player is the player before registering as a professional for the first time.For all clubs that have contributed to training,or former clubs that have effectively trained professional players when they transfer,the loan will not cause interruption of the training period.The training club may also be unable to obtain training compensation due to reasons such as terminating the player’s work contract for unjustified reasons,clearly waiving training compensation,or exceeding the prescribed time limit.Third,the current club that has enjoyed the training results of the former club shall bear the obligation to pay for training compensation.This is not only the most essential condition for identifying the obligor of training compensation,but also an important criterion for judging whether there is any behavior to circumvent the training compensation rules.Fourth,the calculation is generally based on "compensation amount = FIFA uniform compensation standard ×effective training period",unless the new club can provide detailed and valid bills or invoices to prove that the compensation standard announced by FIFA is very different from the actual training expenditure.Finally,by summing up the experience and lessons from the CAS case,if the training club wants to successfully obtain training compensation,it should pay attention to the following points when drawing up the relevant contract: First,when drawing up the amateur player training agreement,the value of cash and in-kind promised to the players The sum cannot exceed the actual costs that players may incur in participating in football activities.Secondly,when drafting a professional player’s work contract,the contract shall not be unilaterally terminated for reasons such as player’s performance,number of appearances,injuries,etc.It can be agreed that when a player has serious violations of laws,regulations or disciplines,the club has the right to terminate the contract,but Collect in time the subjective and objective evidence of the players’ serious misconduct.Finally,When drawing up a transfer contract,it should be clear about the burden of training costs under the loan,and it can be appropriately proposed to give up training compensation in exchange for the new club’s other concessions.