SPORTS EMPLOYMENT CONTRACTS ITALY

In general, employment law in Italy is complex and there are special provisions, under Law No. 91 of 1981, which apply to sports employment contracts.

As regards form, they must be in writing, otherwise they are null and void.

As regards their provisions, sports employment contracts must be compatible with the standard contract terms of the relevant national sports federations.

As regards the playing obligations of sportspersons, they must be performed in accordance with the rules of their clubs.

The powers of sports employers are greater than those in other employments. In particular, sports employers have the right to investigate sportspersons’ private lives in order to verify their physical fitness. Such invasions of employees’ private lives are generally prohibited under Law No. 300 of 1970.

Also, under Law No. 91 of 1981, except where the rules of national sports federations, contract standards and collective agreements provide otherwise, the principle of dismissal ‘at will’ applies in derogation of Articles 2118 and 2119 of the Italian Civil Code.

Professional sportspersons, that is, those who are authorised by their national sports federations and receive a salary, are entitled to social security benefits covering disability, old-age and survivor’s pensions, subject to the payment of the required contributions, which are based on their salaries and payable over a minimum period of 20 years. That is, at the rates of 9.19% payable by the sportspersons and 23.81% payable by their employers. The retirement ages of men and women in Italy are 52 and 47 respectively.

Furthermore, medical insurance policies covering the health risks of sportspersons in Italy arising from their relevant sports activities are compulsory.

We advise sports employers and employees on all aspects of sports employment contracts in Italy, including disputes, and further information may be obtained from Sara Botti, the Head of our Italian Law Practice, by emailing her at ‘botti@valloni.ch’.