Obligations Arising From a Professional Football Player Contract for a Football Club

A professional football player contract is considered a service contract, in which the employee continuously and dependently performs work for the employer, and the employer typically compensates the employee for their labor. While the salary is the main counterpart to the work performed, the professional football player contract should also include additional obligations that the club must fulfill. These provisions are outlined in Article 24 of the Status and Transfers of Professional Football Players Directive (“PFSTT”). According to this article, the club is required to employ a sufficient number of coaches and doctors to ensure the player is fit and healthy. Additionally, the club must establish a training facility that allows the player to develop their skills.

Salary Payment Obligation

The main obligation of the football club under the professional football player contract is the payment of the player’s salary. The salary is the compensation for the player’s work. It is typically paid in installments unless stated otherwise in the contract. The contract should specify when and to which account the payments will be made. Otherwise, the salary becomes due at the time the contract is made, and being a monetary debt, it is payable at the creditor’s place of residence. The salary owed to the player can appear in the form of signing bonuses, performance bonuses, or regular wages. The signing bonus should be considered as a joining bonus under Article 177 of the Turkish Code of Obligations (TCO). Signing bonuses are separate from the main debt and cannot be offset against the player’s other claims. The secondary salary refers to the monthly payments the player receives, and the total amount reported to the Public Disclosure Platform (“KAP”) typically represents the annual total of the player’s salary. This salary must be paid on a periodic basis, typically monthly, and must exceed the minimum wage.

Performance bonuses are additional payments made by the club to motivate the player for achieving success. Unlike a service contract, a mandate contract does not guarantee a result, and the service contract does not require the employee to guarantee a specific outcome. However, performance bonuses are contingent on the occurrence of specific conditions, and if these conditions are met, the club must pay the agreed-upon bonuses. The legal nature of this obligation is a conditional contract.

Employment Obligation

The player’s primary obligation under the contract is to play football. In order to perform this duty, the club must include the player in the match squad. This does not mean the player must participate in every match, as football is a team sport and includes both starting players as well as reserve and rotational players. The club must select the player for the match squad for the duration deemed appropriate by the coaching staff. If the club does not select the player for the match squad, the player will not be able to fulfill their primary duty and may have the right to terminate the contract under PFSTT Article 28.

Obligation to Keep the Player Fit

In general, the employer has an obligation to monitor and ensure the well-being of the employee under the service contract. This duty of care requires the club to take necessary measures to protect the player’s health while they perform their football activities. For instance, the club must develop training facilities and employ a team doctor. The club must also arrange training programs that consider the player’s health.

In the event of an injury or illness, the club is responsible for providing the necessary treatment. Furthermore, the player’s work is physical, and the club must provide all resources to ensure the player maintains top physical condition. For example, the club should organize training camps and friendly matches or improve training facilities to help the player maintain peak physical condition.

In addition to physical health, the club must also ensure the player’s technical knowledge and in-game understanding are enhanced through additional courses and seminars, which can be organized by the club. Although technical knowledge is generally developed by the coaches and technical staff, the club can also arrange external seminars for the player.

The club is also responsible for providing all equipment necessary for the player to perform their work, such as uniforms and cleats. Moreover, the club must cover the player’s transportation and accommodation expenses for matches, which are essential for the player to perform their duties. Unless stated otherwise in the contract, the player cannot be expected to bear these costs.

Obligations Other Than Salary and Keeping the Player Fit

The obligations mentioned above arise from the contract. However, some obligations are imposed on the club by the PFSTT. For example, the club must notify the Turkish Football Federation (“TFF”) of any disciplinary actions it intends to impose on the player. If the disciplinary action involves a financial penalty, the club must notify both the player and the TFF. Failure to do so will result in the penalty being legally ineffective.

Although the football player is not subject to the Labor Law, the service contract between the club and the player still creates certain obligations. For example, the club must pay the player’s social security premiums and make the necessary notifications when the player starts working.

To participate in matches, the player must obtain a license from the TFF. The issuance of this license is an obligation of the club. If for any reason the player’s license is not issued, the professional football player contract remains valid, but the obligations arising from the contract cannot be fulfilled. In such cases, the parties may terminate the contract or wait for the new license period issued by the TFF.

Conclusion

The club’s main obligation under the professional football player contract is to pay the player’s salary. The salary can be structured as a signing bonus, performance bonuses, or regular wages. Beyond the salary, the club is obligated to provide the necessary resources for the player’s development, including training facilities and injury prevention measures. The club must ensure the player maintains top physical and technical condition and provide all necessary equipment. The club is also required to meet certain legal obligations, such as ensuring the player’s social security premiums are paid and obtaining the player’s TFF license. Additionally, some of these obligations may be derived from regulations or directives issued by the TFF.