ISRAEL Law and Practice Contributed by: Tal Segev, Segev Tal Sports Law
In general, the labour courts recognise the specific nature of sport. In two recent cases, Zubas v Bnei Yehuda and Amos v Maccabi Netanya , it was held, inter alia, that although players are entitled to minimum rest days during the season and to additional payment for working at weekends, the unique characteristics of sporting activity must be taken into account. Conse - quently, the labour court rejected the players’ claims for compensation for working on weekends and rest days, as well as their claims for compensation for being unable to exercise their entitlement to a day off during the season. The court concluded that players may instead take their rest periods during the interval between the end of one season and the start of the next. 7.3 Free Movement of Athletes The Basic Law: Freedom of Occupation is one of Israel’s constitutional Basic Laws, protecting every person’s right to engage in any occupation, profes - sion or trade of their choosing. In practical terms, the state cannot prevent a person from working, opening a business or participating in any economic activity without sound justification. Public policy serves as the primary limiting principle – a person may not, for instance, open a business selling illegal substances, nor operate a food business without the requisite per - mits. As with any fundamental right, freedom of occupation is not absolute and may be restricted by the state, but only where such restrictions are grounded in law or justified by public policy considerations. In the sporting context, this law carries considerable weight. Player transfer restrictions – rules limiting a player’s ability to move freely between clubs – prima facie conflict with the principle of freedom of occupa - tion. Israeli courts have nonetheless generally upheld such restrictions on the basis that they serve legiti - mate objectives, namely promoting fair competition and protecting smaller clubs’ ability to retain their players. To prevent clubs from exploiting this balance entirely to their own advantage, the Israeli Sports Law pro - vides athletes of all ages with a mechanism to initiate transfer proceedings through the relevant association.
Under this process, a player may be transferred within a defined period, typically subject to compensation payable to their current club, with the specific condi - tions varying by age group. Some associations further regulate this process by capping the number of play - ers that may be transferred within a given period, in the interest of maintaining competitive stability. Finally, sports agents in Israel are required to pass a licensing examination administered either by the relevant international federation or the local associa - tion. Whilst this represents a restriction on entry to the profession, it is considered lawful and proportionate. 8. Women’s Sport 8.1 Development and Growth of Women’s Sport Women’s sport in Israel is well developed, with female athletes competing across a wide range of disciplines – both individual sports, such as judo, taekwondo and gymnastics, and team sports including football and basketball. In women’s basketball, Elitzur Ramle and the former Ramat HaSharon club are regarded as historically competitive sides with a notable European pedigree. Ramle won the Women’s EuroCup in 2011, whilst Ramat HaSharon finished as runners-up in 1999. Attendances are currently at record levels, with thou - sands of spectators attending national team match - es, and television broadcasters have responded by increasing their coverage of women’s fixtures. The FA holds responsibility for media rights and league sponsorship in women’s football, conducting tenders among the principal broadcasting companies — of which there are mainly three in Israel – for the right to broadcast the league. In individual sports, the success of a number of female athletes has brought greater financial investment and sponsorship, elevating these women to the status of stars and role models for young people of all genders. Israeli women have achieved remarkable results on the international stage, including Olympic gold in floor gymnastics, an Olympic silver medal in judo, a World Championship medal in sailing, gold at the European
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