Transfer Agreements in Football are carried out through a Professional Football Player’s Contract between the professional athletes and their new club. By nature, Professional Football Player Contracts, are classified as service contracts and are reciprocal agreements imposing mutual obligations on both parties. In Turkiye, these contracts become effective upon their registration with the Turkish Football Federation system. As a special type of special service contract, they outline specific obligations agreed upon by both the player and the club. While not mandatory for validity, such contracts often include information about the parties, the duration, reciprocal obligations, and the competent authority for resolving disputes.

The contract includes details about the Professional Football Player, their previous club, and their new club. It is essential that the reciprocal obligations and responsibilities of both parties are clearly detailed for the agreed period. These contracts are generally for a fixed term, though extension options may be granted to the Club or the Player as stipulated in the agreement. The professional athlete is obligated to fulfill their duties as determined by the Club. Core obligations include participating in all matches and training sessions, both domestically and internationally, adhering to the statutes of FIFA, UEFA, and TFF, and maintaining the ethical principles of football. Furthermore, additional responsibilities may be imposed on the Player through supplementary disciplinary regulations set by the club.

On the other hand, the Club’s primary obligations include timely payments, taking preventive measures against illnesses and injuries, organizing lessons, conferences, and courses to support the athlete’s professional development, providing necessary materials, and adhering to FIFA, UEFA, and TFF statutes while upholding relevant ethical principles.

The financial obligations of the Club under these agreements are paramount importance. Payments include monthly salaries, guaranteed payments, bonuses, performance-related incentives, and other financial contributions made by the club to the player.

·       Monthly Salary: Represents the regular payments made by the Club to the Player throughout the season.

·       Guaranteed Payment: Typically a one-time payment made to the Plater as part of the transfer deal.

·       Bonuses and Performance Incentives: Payments made upon the fulfillment of specific conditions outlined in the contract, such as achieving performance targets or milestones.

The methods and conditions for these payments are explicitly stated in the contract to ensure clarity and compliance.

Since Professional Football Player Contracts are typically concluded for a fixed term, they generally expire upon the completion of the specified period. The conditions for contract termination are outlined within the agreement. Notably, after the COVID-19 pandemic, contracts began to include provisions allowing clubs to suspend payments during periods when the Turkish Football Federation (TFF) postpones league matches or declares and indefinite suspension due to force majeure events. Such provisions, if included, must also evaluated from the perspective of the player. In cases of force majeure, the method for determining the player’s receivables from the club must also be specified. The contract may stipulate that payments to the player during for majeure periods are calculated on a pro-rate basis, considering the duration of the season in which player actively participated.

While the Professional Football Player Contract is the main agreement between the player and the club, additional contracts may be executed based on its terms. One such agreement is the “Player Disciplinary Regulations,” which includes the disciplinary rules that the club will implement during the relevant season. These regulations may impose additional obligations on the player and establish penalties for non-compliance. Such penalties may grant the club the right to make financial claims or even justify the termination of the Professional Football Player Contract for cause.

The Club’s primary obligations in Professional Football Player Contracts are the payment of the of the player’s wages. Additionally, the Club is responsible for taking necessary measures regarding the player’s health during matches, training sessions, camps, and travels. It is also obligated to organize the lessons and courses for the player’s professional development and provide the necessary materials. These obligations are throughly addressed in the statutes of FIFA, UEFA, and the Turkish Football Federation (TFF). Compliance with these regulations is the responsibility of the Club.

Conversely, the player’s primary obligation is to participate in all matches and training sessions held by the club both domestically and internationally. Compliance with the statutes and regulations of FIFA, UEFA, and TFF is also one of the player’s responsibilities. In light of these regulations, the player is required to exercise due care regarding their health and refrain from engaging in activities that could pose a risk to their well-being.

In the event that one of the parties fails to fulfill their obligations, and in any case, for the resolution of the disputes arising from the professional football player contracts, the parties may designate a competent authority in this or another agreement.

To resolve disputes between the Club and the Player, Article 56 of the Turkish Football Federation Statutes states: “The Dispute Resolution Committee shall examine and resolve disputes arising from any football-related contracts between clubs, players, coaches, and football agents, provided that the parties recognize its jurisdiction.”

Decisions of the Dispute Resolution Committee can be appealed by either party within seven days of notification by submitting a written application to the Arbitration Committee. The Arbitration Committee conducts its review in accordance with the provisions of the TFF Statutes, FIFA and UEFA rules, and relevant procedural laws. Following its examination, the Arbitration Committee may decide to uphold, partially accept, reject, or modify the initial decision. The decision of the Arbitration Committee are final and binding. TFF is authorized for international disputes.

Under FIFA and UEFA statutes, all appeals against definitive and binding decisions issued by FIFA or UEFA are handled by the Court of Arbitration for Sport (CAS/TAS) located in Lausanne, Switzerland. However, CAS/TAS does not have jurisdiction over appeals concerning rule violations during games, suspensions under FIFA and UEFA statutes, or decisions by the Arbitration Committee of the TFF that was independently and duly established in accordance with the relevant procedures. (TFF Statutes, Article 64)

 

·       Turkish Civil Code (Law No. 4721)

·       Turkish Code of Obligations (Law No. 6098)

·       Turkish Labor Law (Law No. 6098)

·       Turkish Football Federation (TFF) Statutes and Regulations

·       FIFA Regulations on the Status of Transfer of Players (RSTP)

·       UEFA Disciplinary Regulations