ITALY Law and Practice Contributed by: Maurizio Marullo, Giorgio Vagnoni, Francesco Amoresano and Fausto Consolo, LAWP Studio legale e tributario
sional clubs, especially in relation to the obser - vance of economic and financial parameters. Challenging Sports Justice Decisions Only decisions concerning economic and admin - istrative disputes can be challenged before ordi - nary/administrative courts. In particular, eco - nomic arbitration awards may be challenged before ordinary courts in accordance with the Code of Civil Proceedings. Administrative deci - sions may be challenged – after exhausting sports justice dispute resolution mechanisms – before the Lazio Regional Administrative Court. Decisions relevant to the Italian legal system can be challenged, and said relevance shall be assessed on a case-by-case basis. Please see 6.1 National Court System . 7. Employment 7.1 Sports-Related Employment Contracts Professional and Amateur Sports before the “Sports Reform” The relationship between sports organisations and athletes used to be regulated in a completely different manner depending on the professional or amateur status of the athletes. According to former Law No 91/1981, only professional ath - letes were employees and subject to specific provisions, such as derogations from labour law (eg, the inapplicability of certain provisions of the “Workers’ Charter” eg, the prohibition on using audio-visual equipment and control instruments over employees, the prohibition on health checks on employees, procedures related to disciplinary sanctions imposed by federations, protection against wrongful termination, etc). They were also exempt from non-competition agreements due to the unique nature of their sports activities.
Further, only professional athletes enjoyed labour protections like health and accident insurance, welfare, social security, and retirement benefits under the Civil Code or special laws. Their employment contracts, based on standard forms compliant with relevant collective agree - ments, had a maximum duration of five years. Conversely, amateur athletes were bound to their respective clubs and federations through mem - bership (so-called sports bond, see below) and they were not employees. Consequently, they were not subject to the application of Labour law or Law No 91/1981, and did not benefit from mandatory welfare and social security contribu - tions. Economic relations were regulated through simple economic agreements and athletes were generally paid in the form of expense reimburse - ments, travel expenses, bonuses, etc. Further, the duration of amateur relationships was subject to the “sports bond” , the rules of which were established by each federation and during which athletes could terminate their relationships with their clubs only if the latter released them or in exceptional cases regulated From July 2023, the new Legislative Decree 36/2021 introduced the new figure of the “sports worker” , which applies to all people involved in sport (eg, athletes, coaches, sports directors, trainers, referees, etc) who, regardless of their professional/non-professional status, are paid to perform sports activities. by each federation. The “Sports Reform” Professionals are presumed to be employees, while amateurs are considered self-employed in the form of co-ordinated and continuous col -
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