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Made with in Georgia

  1. Services
  2. Media, Entertainment & Sports Law
  3. Sports Law
  4. Athlete Representation
  5. Basketball Player Agreements

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Athlete Representation

Basketball Player Agreements

Is a basketball player's contract special?

No — it is an ordinary contract under the Labour Code.

What belongs in a multilingual contract?

A stipulation on which language prevails in case of differences.

What is the secondment threshold?

Forty-five calendar days a year; more is a change of essential terms.

What compensation exists on termination?

At least one month's pay with notice; two months' on a short-term arrangement.

How to force the club to substantiate the ground?

By a written demand; the answer must come within seven calendar days.

5 min·...

Basketball players' employment agreements are not regulated in Georgia by a separate statute — the Law on Sport directs professional sport to labour legislation, so a basketball player's contract is an ordinary contract under the Labour Code: it is concluded under the same rules, enjoys the same protections and terminates under the same procedures. On this page we explain the Labour Code norms that apply most often in a player's career: the pre-hiring stage, the language and start of the contract, secondment and termination.

The Pre-hiring Stage — the Exchange of Information between Club and Candidate

The Labour Code regulates the stage before the employment contract as well. The club, as employer, may obtain information about the candidate, except information not connected with the work and not needed to assess his ability to perform it — the details of a player's private life do not belong to the club. In parallel, the candidate is obliged to inform the employer of any circumstance that may impede the performance of the work or threaten the employer's interests — for a player, this is the duty to disclose health stability and other obligations. The employer may verify the accuracy of the information submitted; it may not be made available to another person without the candidate's consent, except as provided by legislation; if the contract is not concluded, the candidate may withdraw his documents. Under the same norm, the employer must provide the candidate with information about the work to be performed, the form and term of the contract, the working conditions, the legal status of the employee and the remuneration. The employer need not justify a refusal of employment, but the pre-contractual relationship ends by the conclusion of the contract or by informing of the refusal.

The Language of the Contract and the Start of the Relationship

A written employment contract is concluded in a language understandable to the parties and may be concluded in several languages — provided it contains a stipulation on which text prevails in case of differences. For international transfers this rule is decisive: the prevalence of the Georgian text alongside a foreign-language version must be written into the contract itself. The moment the employment relationship begins is also determined by law: the employment relationship arises from the moment the employee actually begins performing the work, unless otherwise provided by the contract — a player's first training session or appearance is evidence against the contention that the relationship never began.

Secondment — the Boundaries of Sending a Player Away

Travel is ordinary practice in a basketball career, and the Labour Code regulates it through the secondment norm — the temporary change of the employee's workplace by the employer, deriving from the interests of the work. The decisive boundary is this: sending an employee on secondment is not considered a change of the essential terms of the employment contract if the secondment period does not exceed forty-five calendar days in a year; exceeding this term is already considered a change of essential terms and requires the corresponding procedure. During a secondment the employer must fully reimburse the employee's related expenses — travel, accommodation and other outlays must be covered. These norms apply only if the employment contract does not provide otherwise — the parties may agree differently.

Termination — Notice, Compensation and the Court

The most sensitive stage of a player's career is the termination of the contract, and the Labour Code sets a detailed procedure. On termination on grounds provided by law, the employer must warn the employee at least thirty calendar days in advance by sending a prior written notice, in which case the employee receives compensation of at least one month's remuneration; by agreement, termination before the expiry of the notice period is possible, but then the compensation is at least two months' remuneration. Termination at the employee's initiative likewise requires a warning of at least thirty calendar days. The protective mechanism is strict: the employee may, within thirty calendar days of receiving notice of termination, demand written substantiation of the ground; the employer must respond within seven calendar days of the demand; if the ground is not substantiated or the employee is dissatisfied, the decision may be challenged in court — within thirty calendar days of the notice. If the court declares the employer's decision void, the employer must reinstate the player to the former workplace, provide equivalent work or pay compensation determined by the court; in addition, the employee may claim compensation for forced idleness from the date of termination until the enforcement of the decision.

Frequently Asked Questions

Below we answer the questions that arise most often around basketball players' agreements.

Is there a separate contract law for basketball players?

No — a basketball player's contract is an ordinary contract under the Labour Code, because professional sport is directed to labour legislation.

For how long may a player be sent on secondment?

Up to forty-five calendar days a year without changing essential terms; exceeding it is already a change.

What compensation does an employee get on notice-based termination?

At least one month's remuneration with the notice; at least two months' with a short-term arrangement.

Within how many days can the decision be challenged?

Within thirty calendar days of receiving the notice; the demand for substantiation of the ground is made within the same period.

When does the employment relationship begin?

From the moment the work actually begins, unless the contract provides otherwise.

How We Help on Legal.ge

The Legal.ge team assists basketball players, their agents and clubs at every stage of the contract. We check the pre-hiring duties, prepare multilingual contracts with a prevalence clause, assess secondment and termination conditions, and protect your position at the notice, compensation and court stages. Contact us for a consultation — we will assess your contract or dispute and review every deadline whose omission is costly for a player.

Updated: ...

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  • საქართველოს შრომის კოდექსი
  • სპორტის შესახებ

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