The current situation suits both clubs and players

Jozef Tokos, football agent and sports lawyer

UEFA is pushing for footballers to become regular employees of clubs. Is such a change necessary?
I am convinced there is no other way. Today, the law is clearly being bypassed, with footballers working as self-employed even though their work meets all the criteria of dependent employment. They must follow all club instructions and so on. The problem is that this suits both clubs and players. And for many years there has been no one pushing for change. I have not heard a single relevant argument that could convince me this arrangement is fine. After all, in all developed countries of Western Europe, players are employees of their clubs.

In what form should the player–club relationship be resolved?
The problem is that employment relations for athletes are governed by the Labour Code unless a special law provides otherwise. But in our country, no such special law exists, and the Labour Code does not account for the specific nature of athletes’ work. The optimal solution could therefore come from amending the sports law.

So athletes would have their own, specific type of employment contract?
It’s hard to comment on something that hasn’t yet been submitted for review. However, in my opinion, the sports law should include deviations from the standard employment regime, and then athletes in team sports would become employees under the Labour Code — but with certain provisions not applying to them at all, and others applying differently. For example, there would need to be exceptions for working hours, vacation time, and so on.

Wouldn’t that mean higher expenses for clubs?
Definitely yes. If a player moved from a contractual regime under civil law to an employment relationship, it would mean higher expenses for clubs simply in terms of contributions. Clubs will certainly resist such a change, but if we look abroad, it works there. In countries like England or Germany, there is no debate about it — a player is an employee like anyone else. In Britain, the highest tax rate is 40 percent, and no one even raises the idea that it could be done differently. We are in a different place.

Would players themselves feel the change in their earnings?
Yes, the increased costs for clubs would certainly affect them. However, it must be said that there is also an aspect that might make players interested in contracts with clubs. They would receive greater protection, for example, in how they can claim their wages. If an employer had money in the account and failed to pay a player’s basic salary, it could be dealt with legally. Today, they have no such right.