Contracts of service in football : a Maltese perspective

Abstract

This study examines the legal position of the Maltese football player and particularly the conditions of his employment. Chapter one introduces the reader to the hierarchical and largely self regulating structures that govern the football scene establishing the context to which this study refers. It then proceeds to examine whether football should be allowed to continue to benefit from the autonomy it has been afforded so far. Chapter two establishes that football players are ordinary employees and therefore, that they are entitled to benefit from the employment rights afforded to employees by the Maltese Labour Laws. In chapter three and four the discussion revolves around the juridical relationships a footballer enters into upon his engagement: his registration with the Association and his club, and his contract of employment with his club. The conditions of employment of footballers under the rules and regulations of the MF A are compared to the conditions of employment under the special Maltese Labour Laws. Chapter five is concerned with the termination of the contract of the Maltese football player. It provides the reader with a detailed discussion of the 'transfer system' and particularly the obstacles it poses to player mobility. This is the hottest issue in football. Chapter six then discusses the challenge made to the 'transfer system' abroad, as well as the likely outcome of a possible challenge to it in a Maltese court. The last chapter draws its conclusions from the matters discussed.