Minimum wage level for professional football players
Section 1-2 of the NFF's transitional regulations states the conditions that apply to whether a football player is to be regarded as a professional player or an amateur player. The provision reads as follows:
§ 1-2 Definitions
Mathias T. Gebremichael, lawyer and partner.
Mathias T. Gebremichael, lawyer and partner, gives advice to football players regarding contract issues
Professional player:
«A player who is over 15 years old and receives compensation in addition to cost reimbursement. A professional player must have a written contract. "
Amateur player:
"A player who does not receive compensation beyond cost reimbursement."
From the definitions above it is deduced that a football player can sign his first professional contract with a club from the day the football player has turned 16 years old.
When a football player signs a professional contract with a club, it is stated in the regulations § 3-2 letter c that the player shall have a salary that is in proportion to the number of hours per. week in which the player participates in combat, training and marketing work. In NFF's guide for transfer for professional players, reference is made to the above provision, as well as a reference to what is considered to be guiding salary in a professional contract.
The following is assumed here:
All contracts signed between club and player are sent in copy to the association. The consequence of the club submitting a contract of less than the amount set as the minimum wage for a position percentage will be that the contract will not be approved.
Relevant issues when signing a football contract
In February this year, a lawyer in the Norwegian Athletes' Central Organization (NISO), Eirik Monsen, issued a statement stating that Norwegian top clubs employ football players at a low position percentage to push down salaries. In accordance with the salary levels outlined above, a club has the opportunity to reduce the player's salary to NOK 4104 per month if the club employs a player in a 20% position.
An interesting issue that arises in this context is: Can a player who plays in the Elite Series or the Obos League be hired in a real 20% position?
When clubs in the Elite Series and the Obos League sign players on a professional contract, the clubs use the Norwegian Football Association's standard contracts for the temporary appointment of professional football players for the employment. In the mentioned agreement, the club will have the opportunity to fill in points as a position percentage for the employment (cf. point 5 of the agreement).
Sometimes it has turned out that several players who play in the Elite Series and the Obos League have contractual position percentages in their contracts that do not correspond to actual and real working hours. In our opinion, it is not feasible to hold a 20% position when you are a professional player in the Elite Series or the Obos League. It is assumed that all players who play for a club in the Elite Series or the Obos League are imposed the same, or almost the same amount of work. Based on the aforementioned, it is difficult to defend different position fractions for players who play in the same club or the same league. Nevertheless, the vacancy rate is something that must be considered specifically.
The current rules for working life also apply to football players on contract
It follows from the purpose section of the Working Environment Act, § 1-1 c) that, the employee shall be ensured «safe employment conditions and equal treatment in working life». Furthermore, it appears from the Working Environment Act § 14-4a that:
"Part-time employees who have regularly worked beyond the agreed working hours for the past 12 months are entitled to a position corresponding to actual working hours during this period."
It is worth noting that there is no minimum requirement for how much extra one must have worked, in order for the right to an increased vacancy rate to be exercised.
It is likely that the standard contract for football players will change in the near future
The Norwegian Football Association (NFF) has commented on the following on the issue:
“We have a dialogue with NISO about this and it is clear that we are familiar with the issue. There are probably many of the players who are on contracts with low position percentages who have a job that requires more than the hours they are actually paid for. " (Link to article in VG)
There is much to suggest that a change can be expected regarding the current issue. An unthinkable outcome may be that it is planned that several levels of professional contracts will be introduced, where it is conceivable that the minimum wage for the various levels will vary.
Our advice on position fraction as a football player
The position fraction the club has agreed with the majority of its players will at all times reflect (or at least give indications of) what the club itself believes is the correct position fraction up to actual and real working hours in the club. A player who is offered a professional contract should therefore before signing try to investigate what position percentage other players in the club have in their contract. In the event that a player is to be set to perform work on an equal footing with other professional players in the club, who according to the player's knowledge must be employed in a 100% position, such a position percentage should also be able to be representative and asserted as the player's vacancy rate at the time of employment.
Sometimes it has turned out that especially young talents are exposed to unreasonable discrimination when entering into a professional contract. As a 16-year-old athlete who is going to sign his first professional contract, there can be a great risk of signing an employment contract that means that you get a very low salary for several years when you may have to do the same tasks as almost all of them. others on your team, who earn much more. Our advice is therefore: pay attention to provisions in the contract about salary level, salary development, bonuses, contract length, and do not sign an employment contract that means that you get a very low salary for several years when you may have to do the same tasks as your colleagues who earn much more.
How to proceed if you have already signed an employment contract with a vacancy rate of 20% and a minimum wage of NOK 4104 per month
Submit a written claim to the club, stating the basis for the claim. Feel free to contact us if you have questions related to this article or if you need assistance in identifying whether you have a real demand for a salary increase at your existing club.
We advise both young and established football players in Norway and internationally, and have extensive experience in negotiating salary conditions on behalf of our clients.