collection of footballer's receivables in turkey

Index

WHO IS A PROFESSIONAL FOOTBALL PLAYER IN TURKEY?

In Turkish football legislation, the distinction between professional and amateur football players is determined based on the player’s income status and the nature of the contract concluded with the club. According to Article 4 of the Turkish Football Federation’s (TFF) Regulation on the Status and Transfers of Professional Football Players, a professional football player is a person who has signed a contract with a club within the framework of Contract Law and receives a payment exceeding the expenses incurred for football activities under this contract.

This definition identifies the player’s professional status based on income and clearly establishes that the essential criterion for acquiring professional status is financial gain. Accordingly, disputes involving the collection of football players’ outstanding payments often arise from the contractual nature of this financial entitlement, reinforcing the legal importance of the player’s status and the enforceability of such claims.

In contrast, players who engage in football without earning any income or whose earnings fall below their expenses are considered amateur football players. Articles 5 and 6 of the Regulation govern the transition from amateur to professional status and the reversion from professional to amateur status. Furthermore, under the Regulation, professional clubs are not permitted to field amateur players in official matches. This underscores that the professional contract is a legally binding document that also has legal consequences in terms of licensing and registration procedures.

Law on the Establishment and Duties of the Turkish Football Federation ARTICLE 1 – The purpose of this Law is to establish the private law-based, legal entity with independent personality, the Turkish Football Federation, and to regulate the principles and procedures regarding its establishment, organization, duties, and authorities in order to conduct all kinds of football activities in accordance with national and international rules, to organize and develop them, and to represent Turkey in football domestically and internationally.

WHAT IS A PROFESSIONAL FOOTBALL PLAYER CONTRACT?

The legal nature of professional football player contracts is a debated issue in academic literature and judicial decisions. These contracts are generally not considered commercial contracts, but rather evaluated within the framework of obligations” or contracts of service.”

1. Legal Nature of the Professional Football Player Contract

Some legal opinions classify professional football player contracts as reciprocal agreements that impose obligations on both parties, essentially qualifying them as a type of service contract. This view has been echoed in the decisions of the Turkish Football Federation (TFF) Arbitration Board, where the relationship between a football player and a club has been defined as a service relationship within the scope of the Turkish Code of Obligations.

On the other hand, in European jurisprudence—particularly in the Bosman ruling—it has been clearly stated that a professional football player is an employee and the contract concluded with the club is an employment contract. However, under Article 4/1-g of the Turkish Labour Code No. 4857, professional athletes are excluded from Turkish labour law provisions. Therefore, the relationship between players and clubs is primarily governed by the provisions on service contracts under the Turkish Code of Obligations.

Both approaches identify the fundamental elements of the player-club contract as performance of work, remuneration, and subordination. Considering these elements, it is appropriate to conclude that professional football player contracts carry the characteristics of service contracts and should be evaluated within that legal framework.

This legal understanding is based on the principle that football players continuously perform services for the club in a dependent manner in return for remuneration. The collection of players’ financial claims should also be evaluated in this context.

2. Scope and Characteristics of the Professional Football Player Contract

A professional football player contract is a consensual and fixed-term agreement concluded between a player and a club, under which the player agrees to carry out football activities under the club’s authority in return for payment. These contracts are not only based on the mutual will of the parties but are also shaped by federation regulations, club internal rules, and international football standards.

The contract establishes reciprocal obligations between the club and the player. The player is obliged to participate in training sessions designated by the club, take part in matches, act in accordance with sporting and ethical standards, and comply with internal club rules. The player also assumes personal responsibilities such as maintaining good health and preserving performance. In return, the club must pay the player’s wages on time, make social security contributions, and provide medical and infrastructural support.

The player’s rights under the contract include the right to receive payment (salary, bonuses, match fees, etc.), annual leave, benefit from social security rights, and participate in union activities where applicable. In this respect, professional football player contracts resemble classical service relationships and impose both financial and moral obligations on the parties. Issues concerning the collection of footballers’ receivables typically emerge when clubs fail to fulfill these financial obligations, highlighting the contractual nature of such entitlements and the legal remedies available to players in enforcing their rights.

3. Mandatory Elements of the Professional Football Player Contract

Although the TFF Regulations do not explicitly list the mandatory elements of a professional football player contract in Turkey, sample contracts published by the TFF and the applicable legislation establish minimum requirements. These elements are essential for both the validity of the contract in Turkey and its registration with the federation.

The mandatory elements of a professional football player contract in Turkey include:

  • The player’s personal details, address, and, if applicable, the information of the player’s agent and legal representative, as well as the name of the previous club,
  • The legal name, address, and representative (name, surname, and title) of the club,
  • The duration of the contract (not exceeding 3 years for players under 18 and 5 years for others),
  • The salary to be paid (not less than the minimum wage),
  • The signatures of both parties.

In addition to these, the parties may include supplementary clauses, provided they do not contradict mandatory provisions. These often cover benefits such as bonuses, match fees, housing, and vehicle allocation, as well as data protection clauses. Issues such as residence and work permits for foreign players may also be addressed in the contract under the scope of foreign nationals law. Furthermore, for the contract to be effective in Turkey, it must be registered with the TFF. Otherwise, the player cannot participate in official matches in Turkey.

Professional football player contracts constitute a specialized field of regulation under both Turkish sports law and general contract law. Since they are based on a dependent working relationship in exchange for remuneration, it is legally accurate to categorize them as service contracts.

However, the unique nature of sports, the binding authority of federation regulations, and international standards impart a hybrid legal character to these contracts. Therefore, in addition to the parties’ mutual consent, compliance with the procedural and formal requirements set by the TFF is mandatory for the contract to be valid in Turkey. In this respect, professional football player contracts differ from conventional employment agreements and represent a multi-dimensional legal structure.

professional football player contract

THE LEGAL NATURE OF FOOTBALLERS’ RECEIVABLES IN TURKEY

The wages and other earnings demanded by footballers from clubs in return for their services constitute a combination of legal rights and obligations. Footballers’ wages and receivables are hold a significant place in the management of footballers’ professional careers.

The legal nature of footballer’s receivables can be examined under the following headings:

  • Nature of Service Contract: The Professional Footballer Contract between the footballer and the club is, in essence, a service contract rather than an employment contract in Turkey. According to this contract, while the footballer commits to providing the designated services for the club, the club also commits to making payments in return.
  • Debt Relationship: Footballer debts express the right to claim collection of football players’ outstanding payments against clubs. While the footballer provides services using the facilities provided by the club, the club fulfills its part by making payments in return. This creates a debt relationship between the parties.
  • Wage Debts: The basic debts of footballers are the wages they are entitled to according to the contract. Monthly footballer’s wages, guaranteed wages, match fees, and other regular payments are included in the footballer’s earnings as stipulated by the contract. These footballer’s wages are considered mutually owed payments within the framework of the employment relationship. Since football players are not covered under labor law, they are not entitled to compensations such as notice payment, severance pay or dismissal compensation.
  • Claims of Rights: Football player debts represent the contractual claims of rights based on the terms of the contract. Footballers demand their compensation by fulfilling the conditions stipulated in the contract. This forms the legal process of seeking rights.
  • Release and Termination: In some cases, footballers might be compelled by the club to sign a “release” when they want to terminate their contracts. This signifies their agreement to relinquish the collection of players’ financial claims in exchange for contract termination.

TYPES OF FOOTBALL PLAYERS’ RECEIVABLES IN TURKEY

The scope of professional football player debts is determined by the Professional Footballer Contracts signed between footballers and clubs. These contracts regulate all payments and earnings that footballers are entitled to in exchange for their services in the clubs. Football player debts can vary based on their performance, club success, and contract terms.

Footballer debts can generally be categorized under the following headings:

  1. Monthly Wages: Professional footballers receive regular monthly wages as defined in their contracts. This footballer’s wages represent the basic salary that the footballer receives regularly in exchange for their services at the club. Football players are not entitled to claim overtime pay in Turkey. Factors such as the footballer’s skills, experience, market value, and the club’s financial situation can influence wage determination.
  2. Guaranteed Wage: The concept of a “guaranteed wage” present in some contracts refers to the minimum wage the footballer will receive. Even if the club faces financial difficulties, footballer’s wages ensure the footballer’s minimum income.
  3. Signing Fee (Advance): When footballers sign a contract with a new club, the signing fee is a type of payment they become entitled to from the moment they sign. This represents a predetermined amount of money that the footballer receives upon joining the club or renewing the contract.
  4. Match Fee: Match fees are payments footballers receive for participating in official matches. These fees are paid each time the footballer plays in a match and are performance-based footballer receivable.
  5. Bonuses: Payments made based on achievements. Payments can be awarded for victories in the league or international tournaments, championships, or reaching a certain number of goals for footballers.
  6. Sponsorship and Commercial Earnings: Some footballers can earn income through sponsorship agreements or commercial activities outside of the club. Such agreements can vary based on the footballer’s popularity and recognition.
  7. Transfer Fees: When footballers transfer from one club to another, they might receive a transfer fee from the old or new club. This fee can vary based on the footballer’s transfer value, contract duration, and agreements with the other club.

The collection of footballers’ receivables involves addressing financial obligations arising from the contractual relationship between footballers and club management, as governed by both the signed agreements and relevant football regulations. The scope of these debts can vary significantly depending on factors such as the player’s age, career level, market value, and on-field performance.

With the global growth of football, increased international interest, and evolving economic dynamics, the collection of footballers’ receivables has become more complex. As a result, the role of a sports law attorney in Turkey who specializes in this area has become increasingly important within the broader context of sports law.

IMMEDIATE COLLECTIBILITY AND PROCESS OF COLLECTION OF FOOTBALLER’S OUTSTANDING PAYMENTS IN TURKEY

Debts arising from contracts among professional footballers become due under specific conditions, granting them the right to demand the collection of footballers’ outstanding payments. The determination of when these payments become due and how they can be claimed is shaped by the relevant provisions of the Turkish Code of Obligations and applicable procedural principles.

  • Conditions for Due Date (Collectibility)

For footballer’s receivables to become due, either a specified date or conditions based on notice are required. According to Article 117 of the Turkish Code of Obligations No. 6098, the due date for debts tied to a specific date is the beginning of collectibility. However, if no specific date is set, a notice must be sent by the creditor. This notice informs the debtor that the debt is being claimed and must be paid. This notice serves as a prerequisite for the recovery of footballers’ outstanding payments in Turkey.

  • Debt Categories and Collectibility Situations

Professional footballers’ earnings are gathered under various categories, and the collectibility of each receivables category can vary. For instance, payment dates for monthly wages, guaranteed wages, and signing fees are often specified in contracts, and collectibility automatically occurs on these dates. However, if the collectibility of performance-based payments like match fees and bonuses has not been predetermined, a notice might be sent to collection of receivables of footballers in Turkey.

  • Debt Collection Process for Footballers’ Outstanding Payments in Turkey

After fulfilling the conditions for collectibility, the process for the collection of players’ financial claims begins in Turkey. When a due but unpaid obligation arises, the creditor sends a formal notice to the debtor club to initiate the collection of players’ financial claims in Turkey. This notice serves as a reminder of the club’s legal obligation to fulfill the payment. If the club still fails to make the payment, legal proceedings are initiated to enforce the claim.

  • Fines and Debt Relationship

In some cases, clubs might impose fines on footballers, which can be deducted from the footballers’ reveivables. However, footballers can request the cancellation of fines with valid reasons. In this case, legal actions might need to be taken. The relationship between fines and footballer’s debts should be approached with consideration of legal processes and avenues for appeal, requiring the assistance of a specialized sports law attorney in Turkey.

In conclusion, the recovery of footballers’ outstanding payments and the process of immediate collectibility are governed by the relevant provisions of the Turkish Code of Obligations. Taking timely steps such as sending formal notices and seeking legal counsel is essential to protect footballers’ rights and ensure the effective recovery of their outstanding payments in Turkey.

RESOLVING ISSUES RELATED TO FOOTBALL PLAYERS’ RECEIVABLES THROUGH THE FEDERATION DISPUTE RESOLUTION COMMITTEE (DRC)

The football world has developed various mechanisms over the years to resolve disputes arising between footballers and clubs. In Turkey, one of the fundamental mechanisms for resolving such disputes like the collection of unpaid wages of footballers is the Dispute Resolution Committee operating under the Turkish Football Federation (TFF). The process of resolving footballers’ outstanding payments within the TFF can be examined through both legal regulations and practical implementation.

  • Conditions for Applying to the Dispute Resolution Committee for Collection of Unpaid Wages of Footballers

For disputes arising from contracts between footballers and clubs to be resolved within the DRC, certain conditions must be met. It’s important to have a contract or a written agreement between the parties that recognizes the authority and responsibilities of the DRC. Additionally, the application must be made in the form of a proper petition with necessary attachments.

  • Resolution Process of the Dispute Resolution Committee

After applying for the collection of footballers’ receivables, a petition and necessary attachments that meet the mandatory conditions set by the DRC are submitted. Following the application, the petition is delivered to the opposing party by the TFF. If either party requests a hearing, it is mandatory to conduct one. The resolution process through the DRC yields results faster than general court proceedings. However, DRC decisions about enforcement of footballers’ financial claims in Turkey cannot be subjected to execution proceedings.

  • Enforcement of Dispute Resolution Committee Decisions

To enforce DRC decisions regarding the collection of footballers’ receivables in Turkey, an application can be made to the TFF. The TFF can impose administrative sanctions on the party that fails to comply with the DRC decision. This process is crucial for effective implementation of DRC decisions and achieving a resolution for the parties.

The resolution of footballer’s receivables within the DRC aims to provide a quick and effective resolution to disputes between footballers and clubs. The DRC operates based on application details and legal regulations. Footballers and clubs can use this mechanism effectively to protect their rights and reach a fair resolution for the collection of unpaid wages of footballers in Turkey.

  • Change in the Jurisdiction of the Dispute Resolution Committee

With the change in the DRC’s jurisdiction due to a decision by the Constitutional Court on January 18, 2018, the exclusive jurisdiction of the DRC was abolished. Following this change, footballers and clubs can also resort to general courts to resolve disputes arising from football players’ debts. However, certain dispute types, such as disciplinary penalties and training compensation, continue to be addressed by the DRC.

Collection of Unpaid Wages of Footballers in Turkey

GENERAL COURTS FOR RECOVERY OF FOOTBALLERS’ OUTSTANDING PAYMENTS IN TURKEY

Football activities are shaped around the contracts signed between players and clubs, and the receivables arising from these contracts represent the players’ economic rights. However, the mechanisms for resolving disputes stemming from such contracts have evolved over time. The collection of football players’ outstanding payments in Turkey through general courts has become an important legal mechanism.

Following the change in the authority of the Dispute Resolution Committee (DRC), footballers and clubs can now bring disputes related to footballers’ receivables before general courts, beyond the jurisdiction of the DRC. However, certain types of disputessuch as disciplinary sanctions and training compensation—remain exceptions and continue to fall within the jurisdiction of the DRC.

  • Court of Jurisdiction for Footballers’ Receivables in Turkey

Contracts between footballers and clubs are considered service contracts. However, footballers are excluded from the scope of the Labor Law No. 4857. Therefore, in disputes between footballers and clubs, the court of jurisdiction for footballers’ receivables in Turkey is determined based on the legal status of the club. If the football club operates as a company, the court of jurisdiction is the Commercial Court of First Instance. If the club is organized as an association, the Civil Court of First Instance has jurisdiction over the dispute.

  • Process of Filing a Lawsuit in General Courts For Footballer’s Unpaid Wages in Turkey

The party wishing to file a lawsuit in general courts for the collection of footballers’ unpaid wages in Turkey prepares a lawsuit petition. This petition provides detailed information about the subject of the dispute, the parties’ claims, and the legal grounds. The lawsuit petition is submitted to the competent court, initiating the legal process.

  • Execution Proceedings and TFF Application

Decisions obtained from the competent courts in matters related to footballers’ financial claims in Turkey empower the creditor to initiate enforcement proceedings against the debtor. Alongside this process, the enforcement of footballers’ financial claims allows for the collection of football players’ outstanding payments, including salaries. Furthermore, for parties failing to comply with DRC decisions, an application can be made to the TFF, which may impose administrative sanctions.

In conclusion, the collection of football players’ outstanding payments in Turkey can now be addressed in general courts due to the change in the DRC’s jurisdiction. Footballers and clubs can exercise their right to file lawsuits in general courts to effectively defend their rights and claims related to footballers’ financial claims, ensuring a fair and swift resolution. This process facilitates the equitable and efficient resolution of footballers’ financial claims in Turkey.

EXECUTION PROCESS FOR THE COLLECTION OF FOOTBALLERS’ RECEIVABLES IN TURKEY

One crucial aspect within the legal dimension of football activities is the enforcement of footballers’ receivables through execution proceedings. Execution proceedings can be initiated to collect outstanding payments arising from footballer contracts and to apply seizures for the collection of footballers’ receivables in Turkey.

  • Extrajudicial Execution Proceedings and Basis of Debts

In the Turkish legal system, execution proceedings can be initiated extrajudicially by the creditor against the debtor. However, for this process to proceed smoothly, there needs to be a basis for the debt. The basis of footballer’s receivable lies in the contracts signed between the footballer and the club. These contracts define the rights and obligations of the footballer and specify the payments the club is obligated to make to the footballer.

  • Initiating Extrajudicial Execution Proceedings and Objections

When the due date of the debt arrives, the creditor can initiate extrajudicial execution proceedings. However, in cases of unspecified due dates for recovery of footballers’ outstanding payments in Turkey, it might be necessary to send a notice to the debtor club and await an unanswered response. In extrajudicial execution proceedings, a payment order is delivered to the debtor club.

If the club does not object to the payment order, the proceedings become final. However, clubs typically object to execution proceedings, leading to the suspension of these proceedings. With the suspension of the proceedings, seizure cannot be applied for the collection of football players’ outstanding payments in Turkey.

  • Lawsuit for the Annulment of Objection and General Courts

Regardless of the reasons for the objection to execution proceedings, the creditor needs to provide documentary evidence to continue the proceedings. The lawsuit for the annulment of objection is filed in general courts. If the objection is found unjust and in bad faith, the court may award an execution denial compensation not less than 20% of the debt. If the court decides to lift the objection, the execution proceedings become final. 

  • Finalization of Execution Proceedings and Seizure Procedures for the Collection of Players’ Financial Claims in Turkey

If no objection is raised to execution proceedings or if the objection is lifted or annulled by the court, the execution proceedings become final. Following this stage, an application is made to the execution office for the collection of footballers’ receivables, and seizure procedures can begin for the collection of debts. This process involves seizing the assets of the debtor club with the aim of collecting the debt.

In summary, extrajudicial execution proceedings for collecting footballer’s receivables in Turkey can be initiated based on the foundation of the debt. If an objection is raised to the execution proceedings, a lawsuit for the annulment of objection can be filed with the submission of supporting documents.

This process offers an effective way to collect debts within the legal dimension of football activities. Footballers and clubs can use extrajudicial execution proceedings to protect their rights and collect their debts.

FOOTBALL-SPECIFIC SEIZURE METHODS FOR COLLECTING FOOTBALLERS’ OUTSTANDING PAYMENTS IN TURKEY

The collection of footballer’s receivables in Turkey related to football activities encompasses a diverse and unique realm of legal processes and practices. After the finalization of execution proceedings, the execution of seizures takes place, considering the distinctive conditions and structure of the football domain.

The recovery of footballers’ outstanding payments can occur through different methods depending on the type of execution. However, once the execution process becomes final, meaning that the debtor’s objection is lifted or invalidated by the court, seizure procedures come into play for collection of footballers’ receivables in Turkey. During this stage, the contracts and documents forming the basis of the debt are used as the foundation.

Football’s unique structure and operation also influence seizure processes. Football-specific seizure methods most commonly employed for collection of players’ financial claims in Turkey include:

  • Seizure of Intellectual and Industrial Property Rights: Intellectual and industrial property rights owned by football clubs are also among the assets subject to seizure during collection processes. One method used in the collection of receivables is for creditors to request the Turkish Patent and Trademark Office to place a lien on the club’s trademark rights.
  • Sponsor Companies and Notices: Sending seizure notices to sponsor companies to collect debts arising from sponsorship agreements is another frequently employed practice. In this way, clubs can seize funds from sponsor companies’ accounts.
  • Revenue Seizure and Transfer Fees: One of the primary sources of income in football activities is match revenues. Clubs can initiate revenue seizures by sending letters to Passolig or affiliated enterprises. Furthermore, for the debts of footballers whose contracts have been transferred, seizure letters can also be sent to the club that received the transfer fee.

The recovery of footballers’ outstanding payments in Turkey arising from football activities takes into account the unique characteristics of the football world’s structure and operations. For this reason, obtaining legal assistance will help prevent a potential loss of rights.

TRANSFER BAN IMPOSED DUE TO UNPAID FOOTBALLER CLAIMS IN TURKEY

Football activities entail unique legal and administrative processes for debt collection. One of the sanction methods available to footballers if footballer’s wages are not paid is a transfer ban. The purpose of a transfer ban is to restrict the debtor club’s transfer activities to ensure the collection of the debt.

In case footballer’s wages are not paid, the creditor footballer can apply to the Turkish Football Federation (TFF) in writing to request sanctions against the club. The most effective administrative sanction imposed by the TFF is known as a transfer ban. The transfer ban prevents clubs from registering the contracts of transferred players with the TFF.

For the TFF to impose a transfer ban, the creditor footballer must not have initiated an execution proceeding for debt collection in Turkey. If an execution proceeding has been initiated, the debtor club can provide evidence of this to the TFF, and the transfer ban cannot be imposed. However, if the club does not inform the TFF of the execution proceeding, the TFF cannot investigate this beforehand.

The duration of the transfer ban imposed by the TFF can vary based on the nature of the incident and the club’s history of similar situations. Additionally, the TFF can also impose different administrative sanctions such as warnings and fines on clubs regarding debt collection. These measures aim to encourage clubs to make payments and protect footballers’ rights.

In some cases, footballers may be coerced into waiving their claims by reaching mutual agreements with the club. Renouncing claims through agreements is presented as one of the resolution methods. However, it’s important for both footballers and clubs to be cautious about the legal validity and consequences of such agreements.

The world of football involves legal and administrative processes shaped according to its unique structure and regulations. The transfer ban stands out as an effective sanction method for ensuring the collection of football players’ outstanding payments in Turkey. For the protection of rights and the security of debt collection, it’s crucial to carry out these processes accurately and effectively.

The collection of players’ financial claims in turkey

PRESSURE TO SIGN WAIVERS IN FOOTBALLERS’ OUTSTANDING PAYMENTS

When it comes to football player’s receivables, at times footballers can be faced with a challenging decision to resolve issues with their club. At this point, footballers may be forced to sign waivers containing provisions they don’t agree with. Releases often involve footballers partially or fully renouncing their overdue receivables.

Following the removal of the exclusive jurisdiction of the Turkish Football Federation Dispute Resolution Board (DRC) and the TFF Arbitration Board by the Constitutional Court decision, disputes about footballer’s receivables in Turkey can now be taken to general courts. This development has made it possible for footballers to reclaim debts they had waived through releases in Turkey.

Based on the results of lawsuits opened in general courts and the decisions of the Court of Cassation, footballers who were forced to waive their debts through forced releases can now have the opportunity to reclaim their past debts by nullifying these releases.

The debt collection process for footballer’s receivables in Turkey can sometimes require tough legal decisions. Lawsuits opened in general courts for footballers who were forced to waive their debts through releases offer a significant opportunity for justice to prevail and for past debts to be reclaimed.

LEGAL NATURE AND VALIDITY CONDITIONS OF THE RELEASE AGREEMENT TERMINATING THE PROFESSIONAL FOOTBALL PLAYER’S CONTRACT

The termination of the relationship between professional football players and their clubs often occurs through mutual agreements. One of the methods used during this termination process is the “release agreement.”

Regulated in Article 26 of the Regulations on the Status and Transfer of Professional Football Players, this method is an agreement where the contract between the footballer and the club comes to an end. However, specific legal conditions and requirements must be met for such agreements to be valid.

The Regulation does not prescribe a specific form or procedure for the validity of a release agreement in Turkey. Therefore, no special formality is required to validate a release agreement under the Turkish Football Federation (TFF). However, since the professional football player’s contract constitutes an employment relationship, the provisions regarding service contracts in the Turkish Civil Code (TCC) are applied for dispute resolution.

For the release agreement that terminates the professional football player’s contract to be valid, it must comply with the conditions set out in Article 420 of the TCC. According to this article:

  • The release must be in writing.
  • At least one month must have passed since the contract’s termination date.
  • The type and amount of the released claim must be explicitly stated in the release agreement.
  • Payment must be made in full and through a bank transaction.

If these conditions are not met, the release agreement will be considered invalid. Therefore, the release agreement that terminates the relationship between the footballer and the club should be drafted in accordance with the above-mentioned conditions. Otherwise, a release statement in which the footballer waives past claims will not be legally valid.

In conclusion, release agreements that terminate professional football player contracts must be drafted and executed in compliance with specific legal conditions. By adhering to the requirements of Article 420 of the TCC, both footballers and clubs can establish a solid legal foundation for the process of waiving claims.

CANCELLATION AND LEGAL EVALUATION OF MONETARY FINES IMPOSED ON PROFESSIONAL FOOTBALL PLAYERS

Within the scope of professional football contracts, clubs may exercise disciplinary authority and impose various sanctions in response to players’ violations of contractual and sporting obligations. In this context, disciplinary breaches such as poor performance, unexcused absences from training, actions that disrupt team discipline, as well as insulting or physically assaulting club staff or teammates, are considered unethical behaviors that may be subject to monetary fines.

The monetary penalties imposed by football clubs on professional players are not specifically regulated under general legislation or the regulations of the Turkish Football Federation (TFF). For such fines to be legally valid, certain legal conditions and grounds must be met.

To avoid the cancellation of monetary fines imposed on football players and to validate such fines, clubs should rely on the following elements:

  • Internal regulations or disciplinary regulations prepared by the clubs in accordance with Articles 24(c) and 24(d) of the Regulations on the Status and Transfer of Professional Football Players,
  • Provisions included in the Professional Football Player Contracts signed between clubs and football players.

In order for internal regulations and disciplinary regulations drafted for the following season to become effective, they must be submitted to the TFF for registration at least one week before the start of the season. Additionally, these internal regulations and regulations must be delivered to football players through notarized documents or signature receipts. Failure to fulfill these formalities will undermine the legal basis of the monetary fines imposed by the clubs.

In practice, clubs document the submitted disciplinary regulation documents with the TFF and deliver them to football players through specific notification documents. Especially for foreign football players, translated versions of disciplinary regulations are presented for notification.

To ensure the cancellation of monetary fines imposed on football players, clubs often lodge objections after the termination of the contract and raise issues regarding the validity or legal basis of these monetary fines. Such situations can lead to litigation in general courts, or the Dispute Resolution Board and the TFF Arbitration Board can be appealed to initiate legal processes.

In conclusion, for the legal basis of monetary fines imposed on professional football players to be established, compliance with internal regulations and contract provisions is crucial. In this framework, protecting football players’ rights and following a process based on legal foundations are essential.

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