CBF adopts Fair Play Labor Policy

247 - The Brazilian Football Confederation (CBF) issued a statement clarifying the inclusion of Labor Fair Play in the regulations for the "A", "B", and "C" series of the Brazilian Championship. Starting this week, clubs that fail to honor their commitments to their athletes on time may be punished by the Superior Court of Sports Justice (STJD) if a complaint is filed, which can be made by the athlete, a lawyer, or the athletes' union. 

"NOTE OF CLARIFICATION

The Specific Competition Regulations stipulate a loss of points for clubs.

The Brazilian Football Confederation (CBF) has included Labor Fair Play principles in the Specific Regulations for the A, B, and C series of the 2015 Brazilian Championship, which were unanimously approved by the Technical Councils and will be published this week. The biggest novelty this year is the article that provides for the possibility of penalties for clubs that delay the payment of their players' salaries.

If there is a delay, those concerned may report the club to the Superior Court of Sports Justice (STJD). Contrary to some misinterpretations that circulated after the rule was approved, the right to file a complaint will not be restricted to the athlete, who may be represented by a lawyer or union, as per paragraph 1 of the article.

Specific Regulations for Series A (also to be used in Series B and C)

"Article 18 - The Club that, for a period equal to or greater than 30 (thirty) days, is in arrears with the payment of remuneration, due solely and exclusively during the competition, as agreed in the Special Sports Employment Contract, to the registered professional athlete, will be subject to the loss of 3 (three) points per match to be played, after the delay and non-compliance have been recognized by a decision of the Superior Court of Sports Justice (STJD)."

Paragraph 1 - In the event of a delay, it shall be the responsibility of the affected athlete, personally or represented by a duly appointed lawyer with specific powers or, alternatively, by a trade union representing the professional category, to formally notify the STJD in writing, from the beginning until 30 (thirty) days after the end of the competition, without prejudice to the possibility of filing a labor claim, should the sporting measure not be effective and the club remain in default.

Paragraph 2 - If the Club is proven to be in debt, as provided for in the heading of this article, the STJD shall grant a minimum period of 15 (fifteen) days for the defaulting Club to fulfill its overdue financial obligations, in order to avoid the application of the sanction of loss of points per match.

Paragraph 3 - The sanction referred to in the heading of this article will be applied successively and cumulatively in all matches of the competition that are held while the default persists.

Paragraph 4 - If there is no match to be played by the defaulting Club when the sanction is imposed, the punitive measure will consist of deducting three (3) points from those already won in the competition.

Paragraph 5 - In the absence of a specific law on this subject, the rule unanimously approved by the 20 clubs of Serie A, in a meeting of the Technical Council dated March 2, 2015, shall be valid from the beginning of the competition until 30 (thirty) days after its end, not considering prior and subsequent labor debts.

Paragraph 6 – This rule is applicable without prejudice to the provisions of article 66A of the RNRTAF – National Regulation for the Registration and Transfer of Football Players, resulting from a binding and mandatory FIFA rule, as per circular no. 1468/2015, of 23/02/15.”

The Labor Fair Play initiative is inspired by the example of the São Paulo Football Federation (FPF), which adopted the measure in 2012 in the A1 and A2 series of the São Paulo Championship. In 2013, the A3 series also began to include the rule. Since then, proceedings of this nature have been initiated based on complaints made by both athletes and the São Paulo State Professional Athletes Union.

In a 2013 case, the union was responsible for reporting non-payment of wages to 18 athletes from the same club. In all cases reviewed to date by the São Paulo Sports Justice Tribunal (TJD-SP), the clubs were ordered to settle the debts to avoid losing points in the competition. The debts were paid, and the receipts were attached to the respective proceedings.

In parallel with the CBF's efforts to provide better working conditions for professionals and create mechanisms that promote the financial health of clubs, Presidential Resolution No. 3/2015, of February 27, 2015, added Article 66-A to the National Regulations for the Registration and Transfer of Football Players. According to the rule, resulting from the binding and mandatory provision of FIFA's Regulations on the Status and Transfer of Players, a club that delays salary payments for 30 days or fails to pay another club for the transfer of a player may be fined and even prohibited from registering new players for up to two years.

The CBF (Brazilian Football Confederation) emphasizes that, just as with the complaints registered in the Campeonato Paulista (São Paulo State Championship), any infractions occurring in the Campeonato Brasileiro (Brazilian Championship) can also be reported to the STJD (Superior Court of Sports Justice) by lawyers or unions. The Fair Play Labor Law encourages sustainable management, and the desire of all stakeholders is that clubs pay on time and that there is no need for punishment. The CBF reinforces its commitment to responsible football management, an essential characteristic for the evolution of the sport in all its sectors.