Elite Athletes’ Social Protection in Olympic Sports in Europe: An Evaluation of the Status Quo Jürgen Mittag, Lorenz Fiege, Maximilian Seltmann, Leopold Hofmann Vanja Smokvina Pawel Zembura Luiz Haas Andrea Cattaneo Assessing, Evaluating, and Implementing Athletes’ Social Protection in Olympic Sports Erasmus+ SOPROS (Project 101090790) Elite Athletes’ Social Protection in Olympic Sports in Europe: An Evaluation of the Status Quo Assessing, Evaluating, and Implementing Athletes’ Social Protection in Olympic Sports Erasmus+ SOPROS (Project 101090790) Authors: Prof Dr Jürgen Mittag, German Sport University Cologne Dr Maximilian Seltmann, German Sport University Cologne Lorenz Fiege, German Sport University Cologne Leopold Hofmann, German Sport University Cologne Prof Dr Vanja Smokvina, University of Rijeka Dr Pawel Zembura, Institute for Sport Governance Dr Luiz Haas, Sport Evolution Alliance Dr Andrea Cattaneo, Edge Hill University Publisher: Institute of European Sport Development and Leisure Studies German Sport University Cologne © 2025 doi: 10.25847/sopros.01.2025 Disclaimer: Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Education and Culture Executive Agency. Neither the European Union nor the granting authority can be held responsible for them. Table of Contents 0. Executive Summary .................................................................................................... 1 0.1. Conceptual Framework: Social Protection as a Human Right .............................. 1 0.2. Methodology: Multi-Layered Data Collection ........................................................ 2 0.3. Analytical Findings ............................................................................................... 3 0.4. Governance Characteristics ................................................................................. 4 0.5. Conclusion ........................................................................................................... 5 1. Introduction ................................................................................................................. 6 2. Conceptual Approach: Definition, Basic Assumptions & Scope ................................... 8 3. Methodology ..............................................................................................................11 4. The Domestic Institutional Framework of Athletes’ Social Protection in Europe: Examples from Five European Countries ..........................................................................14 4.1. Croatia (authored by Vanja Smokvina) ...............................................................14 4.1.1. General Information on the National Welfare System ............................14 4.1.2. Statutory State Protection and Athlete-Specific Measures .....................17 4.1.3. Conclusion and Takeaways ...................................................................37 4.2. Germany (authored by Jürgen Mittag, Lorenz Fiege, Maximilian Seltmann, Leopold Hofmann) ......................................................................................................................40 4.2.1. General Information on the National Welfare System ............................40 4.2.2. Statutory State Protection ......................................................................41 4.2.3. Athlete-specific Measures for Elite Athletes ...........................................49 4.2.4. Conclusion and Takeaways ...................................................................50 4.3. Poland (authored by Pawel Zembura) .................................................................52 4.3.1. General information on the national welfare system ..............................52 4.3.2. Statutory State Protection ......................................................................55 4.3.3. Athlete-specific Measures for Elite Athletes ...........................................61 4.3.4. Conclusion and Takeaways ...................................................................62 4.4. Portugal (authored by Luiz Haas) .......................................................................64 4.4.1. General information on the national welfare system ..............................64 4.4.2. Statutory State Protection and Athlete-Specific Measures .....................69 4.4.3. Conclusion and Takeaways ...................................................................78 4.5. United Kingdom (authored by Andrea Cattaneo).................................................81 4.5.1. General Information on the National Welfare System ............................81 4.5.2. Statutory State Protection and Athlete-Specific Measures .....................83 4.5.3. Conclusion and Takeaways ...................................................................96 5. Athletes’ and Stakeholders’ Awareness and Viewpoints ............................................99 5.1. Description of Athlete Sample .............................................................................99 5.2. Athletes’ Views on Their Individual Social Protection Situation ......................... 100 5.3. Stakeholders’ Views ......................................................................................... 104 6. Analysis: Comparative Perspectives on Athletes’ Social Protection in European Countries ........................................................................................................................ 110 6.1. Institutional Frameworks ................................................................................... 110 6.2. Statutory Protection .......................................................................................... 110 6.2.1. Public Employment Models.................................................................. 111 6.2.2. Extension of Legal Status to Elite Athletes ........................................... 111 6.2.3. Challenges and Limitations .................................................................. 112 6.3. Athlete-Specific Measures ................................................................................ 112 6.3.1. Public Approaches ............................................................................... 112 6.3.2. Delegation and Hybrid Models ............................................................. 113 6.3.3. Institutional Actors and Gaps ............................................................... 113 6.4. Comparative Patterns and Governance Gaps ................................................... 114 6.5. Social Protection for Elite Athletes in Europe: Preliminary Reform Options ....... 114 6.6. Summary: Good Practices and Key Challenges ............................................... 115 References List of Figures Figure 1: Components of athletes' social protection. .............................................................10 Figure 2: Absolute Quotation of Social Protection Provisions as "Important". ..................... 101 Figure 3: Perceived Adequacy of Provisions Considered as "Important". ........................... 101 Figure 4: Consideration of Social Protection in Making Career Decisions. .......................... 102 Figure 5: Influence of Social Protection Coverage on Career Decisions. ............................ 102 Figure 6: Relative Change of Consideration of Social Protection from Past to Future Decisions. ........................................................................................................................................... 103 Figure 7: Evaluation of Sufficiency of Education on Social Protection. ................................ 103 Figure 8: Entities Considered as Responsible to Educate Athletes about Social Protection. ........................................................................................................................................... 104 Figure 9: Organisation Type of Surveyed Stakeholders. ..................................................... 105 Figure 10: Scope of Organisation of Surveyed Stakeholders. ............................................. 105 Figure 11: Country of the Organisation of Surveyed Stakeholders. .................................... 106 Figure 12: Contractual Relationship with Athletes. .............................................................. 106 Figure 13: Consideration of Social Protection as an Organisational Priority. ....................... 107 Figure 14: Stakeholder's Top 5 Most Important Social Protection Provisions. ..................... 107 Figure 15: Effect of Athletes' Social Protection on Career Planning. ................................... 108 Figure 16: Effect of Athletes' Social Protection on Sporting Performance. .......................... 108 Figure 17: Evaluation of Social Protection of Athletes' Supported by the Organisation. ...... 109 Figure 18: Comparison of Legal Source for Statutory Coverage by Country. ...................... 111 List of Tables Table 1: Countries of Surveyed Athletes. .............................................................................99 Table 2: Sports of Surveyed Athletes. ..................................................................................99 Table 3: Highest Level of Education of Surveyed Athletes. ................................................. 100 Table 4: Highest Competition Level of Surveyed Athletes. ................................................. 100 1 0. Executive Summary Elite athletes in the context of Olympic sports face a variety of challenges, among which social protection has received little attention so far. These challenges include – among others – complex and sometimes insufficient financial support, limited career prospects after retirement from sport, and the need for adequate social security during and after their athletic careers. In this regard, specific measures and support systems are necessary to meet the particular needs of athletes and to ensure an adequate level of social protection. The SOPROS Evaluation Report examines the current landscape of social protection for elite athletes in Olympic sports, with a focus on five European countries: Croatia, Germany, Poland, Portugal, and the United Kingdom. It delivers a detailed conceptual framework, empirical analysis, and policy evaluation, aiming to establish a comprehensive understanding of the institutional, legal and economic mechanisms shaping athletes’ access to social security. The report identifies both critical governance characteristics and key challenges to the full realisation of athletes’ social rights. 0.1. Conceptual Framework: Social Protection as a Human Right At its core, the report is grounded on a rights-based approach to social protection, aligning with international human rights law and global labour standards. Social protection is understood as a universal entitlement to reduce poverty, vulnerability, and exclusion throughout the life cycle. Under this framework, elite athletes – regardless of their contractual status or national affiliation – are entitled to ten key protections enshrined in various international frameworks and conventions. In addition to statutory provisions, athletes’ social protection also consists of tailored measures specifically developed and implemented for elite athletes. The measures which shall be guaranteed to any elite athletes in Olympic sports are: (1) Child & family benefits (2) Maternity/paternity benefits (3) Unemployment support (4) Employment injury benefits (5) Sickness benefits (6) Health protection (including maternity care) (7) Old-age benefits/pensions (8) Invalidity & disability benefits (9) Survivors’ benefits (10) Minimum income This normative foundation provides the analytical lens through which national systems and policies are assessed. 2 0.2. Methodology: Multi-Layered Data Collection The report is based on a dual-track work programme – “ASSESSING” and “EVALUATING” – employing a blend of document analysis, legal review and stakeholder workshops. Three key data instruments were developed: • Athlete Social Protection Check (ASPC): An online self-assessment tool that allows athletes to understand their social protection entitlements based on personal socio- legal status. • Survey Toolkit for Athletes (STfA): Captures subjective perceptions of social protection among elite athletes globally. • Survey Toolkit for Stakeholders (STfS): Gathers insights from sport organisations, policymakers, and other institutional actors. These tools allow both objective institutional mapping and qualitative data on lived experiences, although response rates remained below initial targets and are not representative of the full target population. The selection of the five countries – Croatia, Germany, Poland, Portugal, and the United Kingdom – was made to systematically analyse the diversity of social protection for elite athletes across Europe. These nations not only reflect different geographical and socioeconomic realities but also represent Europe's various welfare state models. Germany exemplifies the conservative-corporatist model with strong labour market-related social insurance systems, while the United Kingdom embodies the liberal model with minimal state- provided safety nets. Portugal and Croatia, in turn, demonstrate the typical challenges of Southern European systems that rely largely on family support networks. Finally, Poland, as a post-socialist state, provides insights into the ongoing transformation processes of Eastern Europe. From a sport politics perspective, this selection of countries mirrors the spectrum of sport (governance) models. While professional sport associations play a central role in Germany and the UK, the state is significantly more involved in sports promotion in Poland and Croatia. Portugal, on the other hand, represents club-based systems. This range of countries, comprising both EU member states and the special case of post-Brexit Britain, also embodies different national cultures and traditions. The varying political cultures - from collectivist traditions in Germany and Poland to individualistic approaches in the UK - complete the picture. These five countries thus form an analytical framework that enables the identification of both characteristic similarities and differences in European social protection systems for elite athletes. 3 0.3. Analytical Findings Fragmentation of Social Protection Systems The report exposes a fragmented welfare landscape in which elite athletes’ access to social protection varies significantly across nations. This disparity stems from multiple interdependent factors, including national legal frameworks, athletes’ classification under labour and social security laws, the availability of public employment models, the existence (and ongoing development) of sport-specific provisions, the coordination between state authorities and sport governing bodies, and deeply rooted national traditions and political cultures. This fragmentation results in unequal coverage and inconsistent application of social protection measures. Statutory Social Protection: Uneven Integration Statutory protection refers to the inclusion of athletes in general national welfare systems. Access depends heavily on how athletes are legally recognised: • Croatia, Germany and Poland offer public employment models (e.g., military, police, or civil servant schemes) that extend social protection to a number of elite athletes. • Croatia partially integrates athletes of the highest performance category into the statutory system of social protection with contributions paid by the state. • Poland classifies athletes receiving state scholarships as employees for the purpose of social contributions, providing access to some benefits, including sickness and pension schemes. • Portugal allows certain elite athletes to enrol in special schemes with state-paid contributions. However, these models often only apply to high-performance or Olympic-level athletes, excluding many others. Additionally, some statutory systems lack comprehensive benefits across all ten protection domains. Athlete-Specific Measures: Compensatory but Incomplete In cases where statutory mechanisms fall short, countries have adopted athlete-specific measures, including retirement benefits and transitional funds, special insurances and specific maternity policies. These measures are usually performance-based, creating a meritocratic system that privileges success over need. This results in a two-tier welfare model, disadvantaging athletes who don’t meet elite criteria despite high levels of training and sacrifice. 4 0.4. Governance Characteristics The institutional architecture for athlete welfare is marked by: • Decentralisation: National federations or sport bodies often define access criteria. • Weak regulatory oversight: Especially where private initiatives substitute for public responsibility. • Absence of collective bargaining and social dialogue: Athletes lack independent representation to negotiate welfare standards. As a result, protections vary not only by country but also by sport, federation, and individual circumstances. This undermines predictability and legal certainty for athletes. Persistent Invisibility of Athletes as Workers A central conceptual and policy dilemma concerns the legal identity of athletes. In most contexts, athletes are not recognised as workers under national labour law, even though they perform full-time, risk-laden services. This denial of worker status blocks access to employment-based protections and contradicts broader international trends recognising gig and atypical workers. Public employment models (e.g., athletes as soldiers or police officers) offer one solution but risk obscuring the actual service relationships in elite sport. Fair systems and just frameworks would explicitly recognise athletes as workers ensuring full entitlements to social protection. Good Practices Identified • Germany’s Sport Support Groups: Provide broad access to social benefits through public employment schemes. • Poland’s statutory classification of national team athletes: Ensures systematic pension and health contributions. • Croatia’s retirement benefits: Indexed to national income levels for Olympic medallists. • Portugal’s state-sponsored enrolment schemes: Offer partial social insurance contributions for listed elite athletes. These systems must initially be analysed as distinct entities, given that they are not inherently complementary and may not be suitable for direct interconnection. 5 Main Challenges 1. Conditionality: Protection tied to success metrics instead of vulnerability or life course needs. 2. Fragmentation: Disconnected policies across welfare domains (e.g., progress in maternity, no action on unemployment). 3. Transparency and Education: Athletes have difficulties to obtain sufficient information and struggle to understand and navigate complex systems. 4. Absence of Representation: No collective bargaining or social dialogue mechanisms for athletes in most countries. 5. Ambiguous State Role: Governments oscillate between direct provision and delegation without robust frameworks for enforcement or oversight. 0.5. Conclusion Elite athletes’ social protection across Europe remains inadequate, uneven, and overly dependent on performance metrics. The SOPROS report demonstrates that while good practices exist, they are neither comprehensive nor consistently applied. The lack of legal recognition for athletes as workers and the absence of unified policy frameworks have been identified as major reasons why athletes’ rights to social security are undermined. A shift toward a rights-based, inclusive, and transparent model of social protection – one that integrates statutory and athlete-specific measures under coherent governance – has been demanded by several stakeholders and could be considered both from a public perspective as from an academic perspective as urgently needed in order to ensure the integrity of sport. This will require not only policy reform but also a fundamental rethinking of the institutional role of athletes in the Olympic movement and beyond. 6 1. Introduction The social conditions in which elite athletes carry out their sporting careers have attracted considerable academic and sport-political attention. At the level of the European Union, the topic of athlete rights has featured in all important sports-related documents of the past years, including the Council Resolution on the Key Features of a European Sport Model (Council of the European Union, 2021), the Work Plans for Sport 2020 and 2024 (Council of the European Union, 2020, 2024) or the European Parliament’s Resolution EU sports policy: assessment and possible ways forward. Of specific note in this respect is a European Commission study specifically dedicated to athlete rights in the context of big sporting events (European Commission DG EAC et al., 2024). Much of the debate and analysis focuses on athletes’ rights to freedom of speech, safeguarding against violence or commercial opportunities. In turn, the social rights of athletes, including their social protection, have not been understood in as much detail – neither in academia nor in the practice of sport policy. In the public realm, however, several cases of issues related to the social protection of elite athletes have made headlines in newspapers. Especially in European football, maternity protection has become a very salient matter of concern, not least due to high-profile cases of players who were covered insufficiently and challenged the system (cf. Culvin & Bowes, 2021; Davenport et al., 2025). Unfortunately, in many other cases, newspaper headlines refer to incidents of tragic accidents of elite athletes (see Mittag et al., 2022; O’Leary et al., 2024), but topics like pension payments, health care or maternity protection have also entered the sphere of Olympic elite sport governance. Recent data of the EU-funded EMPLOYS project indicate that limitations in social protection is the reality for many athletes in Olympic sports across the continent (Mittag et al., 2022a, 2022b). Most athlete-centred social protection systems are based on ad-hoc cooperation and coordination between sport governing bodies and public authorities. The actual roles and responsibilities taken by public and private actors in the practical implementation of athletes’ social protection have not yet been precisely defined. Recent policy initiatives at the transnational and European level have acknowledged the need to increase social protection standards for athletes, for example the Council of Europe in 2021 (Council of Europe, 2021) and the International Labour Organization (ILO) in 2020 and 2024 (ILO, 2020, 2024). Additionally, athletes have increasingly been positioning themselves as key actors of the Olympic movement and demanding greater involvement in decision-making processes that affect their lives both as athletes and human beings (cf. Fiege & Zembura, 2024; Seltmann, 2021). This demonstrates the importance of involving all stakeholders in the elite sport sector that are responsible for the regulation and implementation of athletes’ social protection. Athletes’ social protection was identified via the EMPLOYS project (Mittag et al., 2022a, 2022b) as the predominant dimension in which policy change should be implemented in the next few years. The current state of systematic knowledge in this field must be considered insufficient to implement substantive and effective policy change on a sound evidence base, and the 7 transfer of the gathered data and analytical results into practical policy and implementation strategies remains a matter of concern. Therefore, the SOPROS project’s objectives, each of which is translated into a specific work package with a precise methodology, clearly defined tasks and associated deliverables, is a decisive step toward setting a framework for the implementation of measures for athletes in the policy field of social protection. Outline of the Report This Evaluation Report is the result of the two work streams of the project, namely “ASSESSING” and “EVALUATING” athletes’ social protection in Olympic sports. The aim of the report is to provide an overview of the current status quo of the legal and socio-political frameworks that shape and determine the coverage and benefits applicable to elite athletes in the face of changing life-circumstances. The study is structured in seven chapters: Chapter 2 introduces the conceptual approach that forms the normative and analytical basis for evaluating athletes’ social protection and is based on a review of applicable international frameworks on social protection. Chapter 3 explains the methodology underpinning the empirical data collection and analysis as well as the practical value of the research for athletes and stakeholders. The empirical core of the research is presented in Chapter 4 and its related country-specific sub-chapters. These address the social protection situation of elite athletes in Croatia, Germany, Poland, Portugal and the United Kingdom. Chapter 5 presents the results of a survey among elite athletes and stakeholders on their perception of social protection as a policy field. Chapter 6 offers comparative analytical results informed by the data presented in Chapter 4 and identifies good practices stemming from the evaluation. The debate on the European Sport Model and the European Social Model as Backdrops of Further Reflections on Athlete’s Social Protection The European Sport Model provides a fundamental basis for the organisation of sport in Europe. While there is currently no binding definition of the European Sport Model, this model has been described and widely recognized by various European sports associations and EU institutions (most notably by the Council of the EU) (García & Smokvina, 2025). The European Sport Model is based on the principles of autonomy, democracy, and territorial rootedness, featuring a pyramid structure. This model encompasses all levels of sport - from grassroots to elite - and includes both club and national team competitions. It also incorporates mechanisms for financial solidarity and open competitions, such as promotion and relegation systems. According to European sport organizations, the European Sport Model has evolved over the years to become an integral part of shared European culture, connecting millions of citizens regardless of their background. The sport organisations argue it has generated numerous positive effects, including contributions to education, social inclusion, and public health. The European Sport Model also addresses competitive sport, emphasizing that 8 financial solidarity mechanisms – alongside public funding – enable the provision of development, education, and social programs for athletes, coaches, and officials. The integrity of sport is seen as guaranteeing the universality of sport, its values and rules. In this context, good governance in sports – which also focuses on athletes as key stakeholders – represents a prerequisite for the self-regulation of sports organisations and ultimately their acceptance, serving to legitimize these organisations. The European Social Model is a conceptual framework shaping the social and economic organization in many European countries. It is based on principles such as social justice, solidarity, and a strong social safety net. These models typically include comprehensive social systems covering healthcare, education, social security, and labour rights. The significance of the European Social Model lies in its pursuit of a balance between economic efficiency and social justice. It aims to reduce social exclusion, promote equal opportunities, and improve citizens' quality of life. Through these characteristics, it contributes to societal stability and prosperity by providing a safety net for all citizens while simultaneously fostering economic growth. The European Sport Model is connected to the Social Model as it too is founded on principles like integrity, fairness, and social participation. They emphasize both grassroots sport and access to sports facilities, as well as the promotion of elite sports as a societal good. In doing so, recent debates did not only address the values of the European Social Model in abstract terms, but also concretely impacts citizens’ health and well-being, as well as athletes’ social security as central expressions of these values. 2. Conceptual Approach: Definition, Basic Assumptions & Scope The conceptual point of departure for the evaluation of the current social protection situation for elite athletes in this report rests on the premise that social protection is a human right to which all elite athletes in Olympic sports are entitled, irrespective of their legal status under a contract or national law, their nationality, or their gender, amongst others. Under “Economic, Social, and Cultural Rights” (ESCR), Article 22 of the 1948 Universal Declaration of Human Rights (UDHR) stipulates that “everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation […].”Conceived as a human right, the ILO (2022, p. 228) defines social protection (or “social security”) as “the set of policies and programmes designed to reduce and prevent poverty, vulnerability and social exclusion throughout the life cycle.” This rights-based approach is in line with international frameworks developed by, for example, the ILO (2022, p. 2), which conceives social protection as a human right and defines it as a „set of policies and programmes designed to reduce and prevent poverty, vulnerability and social exclusion throughout the life cycle.” This normative notion is also endorsed by leading transnational bodies at the European, respectively EU-level (e.g., through the European Social Charter 9 [Council of Europe, 1961] or the European Pillar of Social Rights [European Commission: Secretariat General, 2017]). International commitments come also from within organised sport. In its Basic Universal Principles of Good Governance in the Olympic Movement, the International Olympic Committee (IOC) stipulates that “whenever and wherever possible, athletes shall be provided with social security coverage and/or special insurance policies” (IOC, 2022, p. 16). Recent empirical research highlights the insufficient social protection measures provided to some elite athletes in Olympic sports due to factors such as low employment rates and atypical employment relationships in the sector (cf. ILO, 2020; O’Leary et al., 2024), as well as the limited harmonisation and coordination across different stakeholders and countries (see Mittag et al., 2022b), and international legal instrument. This underlines that (minimum) social protection provisions must be implemented for all elite athletes in Olympic sports. The measures which shall be guaranteed to any elite athletes in Olympic sports are: (1) Child & family benefits (2) Maternity/paternity benefits (3) Unemployment support (4) Employment injury benefits (5) Sickness benefits (6) Health protection (including maternity care) (7) Old-age benefits/pensions (8) Invalidity & disability benefits (9) Survivors’ benefits (10) Minimum income The project partners acknowledge that there are many ways to provide these social protection measures. While the inclusion of all elite athletes in Olympic sports within the scope of a country’s social protection system is a necessary precondition, additional complementary policies may be required to fully account for the specific situations that athletes face in their sports. Fulfilment of the human right of social protection can arise from bespoke and needs-based policies and provisions which are adopted to mitigate and prevent poverty, vulnerability, social exclusion, and injustice throughout the life cycle of the athletes for whom stakeholders assume a joint responsibility. These policies and provisions may include, yet not rely exclusively on: (1) statutory (public) provisions to which athletes are entitled based on their specific legal/contractual status by law (e.g., as citizens/residents, employees, self-employed, and/or, elite athletes); and (2) complementary (private) measures (e.g., attained through cadre status, sporting success/performance) which account for the peculiarities (threats/risks) associated with the practised sports. 10 Figure 1: Components of athletes' social protection. Statutory provisions entail measures guaranteed through the statutory social security system and its associated laws (i.e., social laws). These provisions are applicable to a person based on different social statuses under national law, e.g., as a resident or citizen, as an employee, as a self-employed person, or as a soldier. Potentially, the status as elite athlete may also lead to entitlements in some national jurisdictions. In line with the common practice of the modern welfare state, a combination of contributory (social insurance) and non-contributory (tax- financed) schemes may be utilised to finance measures for athletes’ social protection. Athlete-specific measures are such measures which are decided, imposed and/or implemented by public bodies or private entities to provide social protection coverage outside the general welfare regime of a country to address specific risks elite athletes might face. Such measures depend on a person’s specific status as elite athletes in the relevant national context, as well as on the associated contractual and/or membership relationships, e.g., with a sport federation, the National Olympic Committee (NOC), or a sport club. An elite athlete’s social protection situation is, therefore, strongly characterised by the legal status under national law – from which entitlements to statutory protection arise – and the contractual and membership relationships – which may grant access to athlete-specific measures. As to the latter, a multitude of potential relationships on different levels (national to local) may entail social protection measures and an athlete’s situation can be very unique. Social protection coverage may, for example, be provided by local clubs, national or regional sport federations or private foundations supporting elite athletes. However, because of how elite sport policy is usually structured in European countries, important social protection policies are provided by public and private actors at a national level which apply to athletes across different sporting disciplines (e.g., by the National Olympic Committee, or the national Ministry responsible for sport). 11 3. Methodology Comprehensive (ex ante) document and desk research, and conduct of national workshops (including expert questionnaires and single in-depth interviews) in the six1 project countries laid the foundation for the empirical evaluation presented by the present report. As regards the former, a variety of academic studies, legal sources, and policy documents were studied to establish the social protection situation of elite athletes in the six countries. Firstly, the partners analysed the given national social laws for the benefits they establish across the ten provisions of statutory social protection. Secondly, where applicable, they, furthermore, analysed national sport legislation and assessed whether it has an effect on elite athletes’ social protection. In addition, thirdly, the academic partners examined the policies, contractual provisions and measures of a variety of actors who are involved in elite sport governance. To limit the scope, only those actors who operate at a national level (i.e., excluding those located at the regional or local levels) and existing policies and measures provided for athletes which are of a national reach (i.e., across different types of sports, or regions) were included in the data analysis. More specifically, relevant actors here included, among others, public bodies involved in elite sport, like ministries or agencies, public employers who have elite sport programmes, such as the military/armed forces or the police, the NOCs of a country, and other national sport bodies, like umbrella organisations of federations or foundations. Moreover, by consequence, policies or measures applying to athletes, for example, merely in the sport of athletics, or in field hockey, were not considered. However, if a regulation or practice exists at the national level that mandates or obliges all sport federations and/or clubs to act, it was included. Overall, in the scope of the first two phases of the SOPROS project, three interrelated data collection instruments were developed to assess and evaluate the current status quo of elite athletes’ social protection in the covered countries and beyond (i.e., worldwide). How do Athletes Benefit from this Research? The Athlete Social Protection Check The mapped institutional frameworks and policies in the covered countries were translated into a specific software that allows athletes to self-assess their access to social protection measures in their given national context. By answering some basic questions about their social status (e.g., whether they are employed, residents of the country or students), the software displays the applicable measures by provision, including athlete-specific ones. The so-called Athlete Social Protection Check (ASPC) can be accessed on a dedicated website 1 In the course of the project, relying on the national expertise of the European Association of Sport Employers (EASE), the partners agreed on also assessing and evaluating the social protection situation for elite athletes in France. Unlike in the five main project countries, dedicated national workshops and expert interviews were, however, not conducted in the French case. 12 (www.athletes-social-protection.eu). The tool fulfils an educational function and aims at raising awareness of the relevance of the social protection coverage for the sporting performance and future career, respectively post-career decisions. Secondly, if an athlete agrees, their responses are stored for analysis. Data Collection to Evaluate Subjective Perceptions: Survey Toolkits for Athletes and Stakeholders While the tool offers important insights for individual athletes in relation to their personal social protection situation in their domestic context, the data generated from it does not allow to comprehensively evaluate the current status quo. First, there may be measures and coverage arising from other sources that the Athlete Social Protection Check currently is not able to integrated. This may be based on contracts with other stakeholders that support an athlete, for example their national federation or private charity foundations. Secondly, the project partners consider the subjective perceptions and views of athletes as an important element of social protection. To both ends, specific Survey Toolkits for Athletes were developed and implemented. • For athletes of the six partner countries, the Survey Toolkit is directly connected to the ASPC. After submitting their data in the ASPC, athletes are directly forwarded to participate in the Survey. • Athletes worldwide, those living in and competing for a country that is not analysed by a partner to the SOPROS project, are directed to a specific Survey Toolkit that also includes some of the questions that the ASPC asks. Based on these data sources, a comprehensive picture of athletes’ social protection is drawn that relies on a) an athletes’ individual social protection situation arising from their socio-legal status and policies that apply to them, and b) their subjective perceptions and viewpoints on matters related to their social protection. A third Survey Toolkit was developed for institutional stakeholders, like, for example, sport organisations, public actors or athlete associations. Here again, the stakeholder representatives were asked for their personal and or institutional views on athletes’ social protection. Sampling and Distribution of Questionnaires The project team, especially through the support of the three policy partners2 widely disseminated the surveys among organisations working with elite athletes directly and various stakeholders. In addition to email communication, leaflets with direct access to the surveys 2 These are the European Athletes and Players Association, the European Association of Sport Employers and the European Olympic Academies. http://www.athletes-socialprotection.eu/ 13 were distributed at several occasions. A descriptive overview of the athlete and the stakeholder sample is provided in Chapter 5. Limitations Despite the project team’s well-established stakeholder network with important sport organisations and athletes’ associations, the initially defined target values (regarding the total number of responses from involved stakeholders and athletes) could not be achieved through distribution of the above-introduced self-assessment tool and survey-toolkits (see Chapter 5 for more detailed information). Potential reasons for this shortcoming could be rooted in a persisting lack of awareness of and perceived competence in the area of athletes’ social protection among leading (sport) stakeholders. Moreover, a relatively low response rates from (active) athletes does not represent an exception, given that similar research approaches aimed at capturing athletes’ viewpoints on their participation and welfare in elite sport governance faced similar difficulties in the data collection process (see, for example, McNamee et al. 2023). To mitigate these and related methodological challenges, the project partners decided to prolong the data collection up until the end of the project course (i.e. by December 2025) and to use future project-related occasions to further disseminate and distribute the developed data collections instruments among the main target groups. 14 4. The Domestic Institutional Framework of Athletes’ Social Protection in Europe: Examples from Five European Countries 4.1. Croatia (authored by Vanja Smokvina) 4.1.1. General Information on the National Welfare System General Social Laws According to the Croatian Constitution, Croatia is a social country, and like most other countries, Croatia operates a universal welfare state grounded in residence-based entitlements and National Insurance (NI) contributions. The welfare system3 is primarily administered by the Ministry of Health4 and the Croatian Health Insurance Fund5, but other subjects are involved too. Healthcare is provided by the Croatian Health Insurance Fund (CHIF) and the Croatian Institute of Public Health (CIPH).6 CIPH is the central public health institution in Croatia, dedicated to maintaining and advancing the health of all its citizens. Through combining scientific research, health policies and practical implementation, CIPH deals with disease prevention, health promotion, and controlling and combating communicable and non- communicable diseases. Health insurance in the Republic of Croatia is compulsory, meaning that every citizen of the Republic of Croatia should have regulated compulsory health insurance status. Compulsory Health insurance is implemented by the CHIF and regulated by the Compulsory health insurance Act.7 Compulsory health insurance provides all the persons insured by the CHIF with the rights and obligations on the principles of reciprocity, solidarity and equality, in the manner and under the conditions laid down by EU Regulation (EC) No 883/04 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, the Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare and Croatian regulations on compulsory health insurance. Persons required to obtain health insurance are as follows: 3 See more in details: European Commission, Your Social Security Rights in Croatia, 2024, available at: https://employment-social-affairs.ec.europa.eu/document/download/3f43aab0-d0c5-4c70-a7d2- f56fa6ee565c_en?prefLang=lt 4 Ministry of Health of the Republic of Croatia. Further details can be found here: https://zdravlje.gov.hr/ 5 Croatian Health Insurance Fund (Hrvatski zavod za zdravstveno osiguranje). Further details can be found here: https://hzzo.hr/en. 6 Croatian Institute of Public Health (Hrvatski zavod za javno zdravstvo). Further details can be found here: https://www.hzjz.hr/en/ 7 Compulsory health insurance Act (Zakon o obveznom zdravstvenom osiguranju) (Official Gazette No. 80/13., 15/18, 26/21 and 46/22 ). https://employment-social-affairs.ec.europa.eu/document/download/3f43aab0-d0c5-4c70-a7d2-f56fa6ee565c_en?prefLang=lt https://employment-social-affairs.ec.europa.eu/document/download/3f43aab0-d0c5-4c70-a7d2-f56fa6ee565c_en?prefLang=lt https://zdravlje.gov.hr/ https://hzzo.hr/en https://www.hzjz.hr/en/ 15 • persons with permanent residence in Croatia • aliens with an approved permanent stay or long-term residence in Croatia • nationals of other EU Member States (EU), the European Economic Area countries (EEA), Switzerland and United Kingdom of Great Britain and Northern Ireland (UK), citizens of country with which Croatia has entered into an international agreement on social insurance regulating the issue of health insurance (contracting state), as well as the citizens of state which is not a Member State or contracting state with approved temporary stay in Croatia on the basis of the employment, respectively perform economic or professional activity on the state territory of the Republic of Croatia, providing that the conditions of special regulations governing the issue of residence and work of aliens in Croatia have been met and unless otherwise stated by the European law or international treaties on social security. • nationals of the other Member States in the EU/EEA/Switzerland/UK with the approved temporary stay in Croatia provided they do not exercise compulsory health insurance in another Member States of the EU/EEA/Switzerland/UK, and • nationals of a State that are not EU Member State/EEA/Switzerland/UK or contracting state with a temporary stay in the Republic of Croatia, unless otherwise stated by the European law, international treaties on social security, or special laws The Public Health System covers a wide range of services, including primary care, hospital treatment, emergency services, pharmacy services, mental health care, and rehabilitation. Its universal character ensures that all athletes—regardless of income or employment status— have access to general medical services. However, specialist sports medicine is not always available within Public Health System, leading some elite athletes to supplement care with private provision. Sport and Athlete-Specific Legislation and Legal Framework There is no dedicated legal instrument in Croatia governing the social protection of athletes, except few articles in the Sports Act. Instead, their legal status is determined under general employment law-namely, the Labour Act, civil law for the self-employed athletes – Civil Obligations Act and a corpus of different acts and regulations that form the legal framework for different social security elements, i.e., pension system, health protection, unemployment, maternity/paternity/parental protection etc. Athletes that are included as an Olympic candidate in the 4-years Olympic circle sign a contract with the NOC of Croatia and his/her national Sports Federation according to which he/she has the right to, for instance health protection, regular physical examinations, life insurance policy, travel insurance policy. Some bigger national sports federations, like the Croatian volleyball federation, are trying to get a complete insurance policy for different national teams under their umbrella, but mostly the problem is that the costs are very high and usually there are no 16 Croatian insurance companies that are willing to get in such an insurance contractual relationship due to the fact of high risk of athletes’ injuries. Athletes’ Protection Through Military Forces Elite Athletes in Croatia, according to a special agreement between the NOC of Croatia and Croatian Ministry of defence, if coming from specific group of sports (like military sports – military pentathlon, naval pentathlon, parachuting, shooting and orienteering; martial arts sports – judo, taekwondo, wrestling and boxing; individual sports – athletics, swimming and lifesaving, biathlon, cross-country skiing, triathlon and sailing; and some other sports) elite athletes are enrolled in the military reserve troops. In March 2025, 40 new elite athletes have signed a three years contract with the Croatian Ministry of defence.8 During that contractual relationship, elite athletes are entitled to a remuneration of EUR 1000.00 net for each month. We must stress that those elite athletes are not entitled to any specific maternity/paternity/parental leave due to the fact that they are in the military reserve troops. Their maternity/paternity/parental rights are derived from their status (employed, self- employed, out of work – unemployed) and they enjoy the rights previously specified. On the other hand, since 2024, the NOC of Croatia has signed an agreement with the Ministry of interior (police) according to which elite athletes and even some coached will be after the first phase in which they will be contractually connected with a civil contract with the Police, employed by the Police very soon. 9 Here we must also stress that, according to the Article 76 of the Sports Act an athlete may have the right to have the compulsory contributions (for health insurance and pension insurance covered). Compulsory Contributions for Elite Athletes According to the Article 77 of the Sports Act (Compulsory contributions) a top athlete of the 1st category, which is around 100 elite athletes, shall be entitled to payment of compulsory contributions from the funds of the state budget of the Republic of Croatia. The right to pay compulsory contributions shall be granted to the athlete at his/her own request if he/she meets the following conditions: • has the status of a top athlete of the 1st category 8 Further details available at: https://www.hoo.hr/singlepost/morh-uruio-vrhunskim-sportaima-ugovornim- priuvnicima-ugovore-za-2025-godinu 9 Further details available at: https://www.hoo.hr/singlepost/suradnja-mupa-i-hooa-rezultirala-mupovim- potpisivanjem-ugovora-s-vrhunskim-sportaima https://www.hoo.hr/singlepost/morh-uruio-vrhunskim-sportaima-ugovornim-priuvnicima-ugovore-za-2025-godinu https://www.hoo.hr/singlepost/morh-uruio-vrhunskim-sportaima-ugovornim-priuvnicima-ugovore-za-2025-godinu https://www.hoo.hr/singlepost/suradnja-mupa-i-hooa-rezultirala-mupovim-potpisivanjem-ugovora-s-vrhunskim-sportaima https://www.hoo.hr/singlepost/suradnja-mupa-i-hooa-rezultirala-mupovim-potpisivanjem-ugovora-s-vrhunskim-sportaima 17 • has a registered independent sports activity or has concluded an employment contract for the activity of training activities and participation in sports competition • has Croatian citizenship • is a resident in the Republic of Croatia • if he/she has achieved total annual net income in the previous year up to EUR 24,000.00 • has not been convicted of the criminal offence referred to in Article 111 (1) and (2) of the Sports Act. For athletes who are entitled to payment of compulsory contributions and have concluded an employment contract, the funds shall be paid to the account of the sports club upon submission of proof of paid contributions according to the paid salary. For athletes who are entitled to payment of compulsory contributions and have registered independent sports activity and are insured on this basis in compulsory insurance, funds shall be paid to the athlete according to the submitted proof of paid contributions, and up to the amount of calculated contributions according to the minimum monthly base prescribed by the regulation on compulsory contributions for the insured person on the basis of athletes. Summary The Croatian welfare system is broad but not specifically tailored to athletes. While general healthcare is universally available, access to income protection and family-related benefits often depends on employment status and contribution records. The absence of athlete-specific legislation which would fully cover the social security and even the labour status of elite athletes, with just few articles of the Sports Act, results in a system that only partially addresses the social protection needs of this group. 4.1.2. Statutory State Protection and Athlete-Specific Measures Child & Family In Croatia, support for parents and families with children is primarily provided through universal and means-tested state benefits. Athletes with children are therefore subject to the same eligibility conditions and entitlements as any other Croatian resident, with access dependent on household income, residence status, and—where relevant—contribution history. Child Benefit The Child Benefit Act sets out the following eligibility conditions for the child benefit (doplatak za djecu): 18 • The applicant is of the Croatian citizenship or has the status of a foreigner with an approved permanent residence, and the applicant has resided in the Republic of Croatia for at least three (3) years before applying • The applicant has the status of an asylum seeker or a foreigner under subsidiary protection or a member of their family according to the regulations on the asylum, without being obliged to meet the condition of citizenship and the length of the residence, i.e. permanent residence in the Republic of Croatia • The total income earned in the previous calendar year per a household member does not exceed 140% of the state budget base per month, or more precisely, if the average income per member of the household does not exceed EUR 618.02 a month. • The applicant lives in a household with a child and • The applicant is supporting the child. Exceptionally, the child with a higher rate or severe disability and a child of a deceased or missing Croatian war veteran fulfils the eligibility conditions regardless of the total earned household income. If a person claims a child benefit for three or more children, he/she is also entitled to birth grant, but on condition that his/her income is not greater than the income threshold. Child benefit can be claimed by a parent, adoptive parent, caregiver, stepfather, stepmother, grandmother, grandfather, foster parent or another person to whom, based on the decision of the competent body, the child is entrusted with day-to-day care. The claimant may be a grown child without both parents who is in full-time education. Child benefit, as a rule, is paid for children aged up to 15 years or 19 years old. It may be prolonged to 21 years for a child who did not finish school in the usual period of time due to illness. The child benefit amount is determined in the following way, depending on the amount of the total monthly income per household member: • If the total income per member of the beneficiary's household does not exceed 20% of the state budget base per month (441,44 euro), the beneficiary is entitled to a child benefit in the amount of 14% of the state budget base per child (61,80 EUR) • If the total income per member of the beneficiary's household is between 20% and 40% of the state budget base per month, the beneficiary is entitled to a child benefit in the amount of 12.5% of the state budget base per child (55,18 EUR) • If the total income per member of the beneficiary's household is between 40% and 60% of the state budget base per month, the beneficiary is entitled to a child benefit amounting to 11% of the state budget base per child (48,56 EUR) 19 • If the total income per member of the beneficiary's household is between 60% and 100% of the state budget base per month, the beneficiary is entitled to a child benefit amounting to 9% of the state budget base per child (39,73 EUR) • If the total income per member of the beneficiary's household is between 100% and 140% of the state budget base per month, the beneficiary is entitled to a child benefit amounting to 7% of the state budget base per child (30,90 EUR). The amount of child benefit is determined based on income thresholds (means-tested groups). It is increased 25 % for a child without both parents and 15% for a child without one parent or if one parent is or both parents are: • Unknown • Of unknown residence • Fully incapacitated to live and work independently • Deprived of the legal capacity. A child with a functional impairment whose disability is not rated as a disability of a higher grade or as a severe disability receives 25 % higher an amount of the child benefit than the corresponding amount of the child benefit determined according to the established income threshold. A child with a higher grade or severe disability acquires the right to child benefit regardless of the amount of income that the beneficiary's household earns, and the amount of child benefit amounts to 25 % of the state budget base. In April 2025, there were 132.455 child benefit beneficiaries. Relevance for Elite Athletes While elite athletes in the Croatia—regardless of their status—are eligible for Child Benefit on the same basis as any other resident parent or guardian, irregular or non-traditional income patterns may complicate eligibility assessments, particularly when applying for means-tested support. At the time of writing, the Croatian NOC nor relevant national sports federations do not administer family-specific financial support, although they may assist athletes in understanding their entitlements and navigating the application process. 20 Maternity & Paternity Benefits The Republic of Croatia provides statutory maternity, paternity and parental protections10 primarily through the general welfare and employment systems. Entitlement to maternity and parental leave (rodiljni i roditeljski dopust) and cash benefits (novčane naknade) are regulated by the maternity and parental support system. In this chapter we cover the time and cash benefits available to beneficiaries: • Maternity, paternity and parental leave; • right to work half your working hours in order to provide your child with more care; • leave for caring for a child with severe development disabilities; • adoptive parent leave; • foster care leave • cash assistance (income-replacement benefit, lower cash benefit, cash assistance). Support for parents, mothers and fathers is regulated in several ways in Croatia. The key social benefits are maternity, paternity and parental leave, income-replacement benefit and lower cash benefits, while parenting is supported by a range of other rights. Employed and self- employed parents, farmers and parents who earn other income are entitled to maternity and parental support. If a person is outside the labour system, retired or a student, he/she is also entitled (if he/she meet special conditions). Entitlement to maternity and parental assistance is the same for adoptive parents, caregivers of a minor child and foster parents as it is for parents of a child (married or cohabitating). Foreign nationals with permanent residence in Croatia, asylum seekers and person under subsidiary protection have the same rights as Croatian nationals. If a person is an employed or self-employed parent, in order to claim income-replacement benefit while on maternity or parental leave, he/she must have at least 16months pensionable service (the period for which his/her employer, or a person himself/herself as a self-employed person, has paid mandatory contributions for health and pension insurance.) or at least 9 months in the last 2 years if a person had interruptions in your career. If a person fails to meet this condition, he/she is entitled to a reduced amount of income-replacement benefit. If a person is a parent with other income or a farmer outside of the value added tax or income tax system, must have been permanently residing in Croatia for at least 3 years or have had a permanent residence permit for at least 3 years if you are a foreign national. If you a person is a parent outside of the labour system, the person must have Croatian citizenship and have permanently resided in Croatia for at least 5 years. Foreign nationals must have had a permanent residence permit for at least 5 years. All categories of parent must be insured under the mandatory health insurance scheme. If a person is an unemployed parent, he/she must 10 Maternity and Parental Assistance Act (Zakon o rodiljnim i roditeljskim potporama) (Official Gazette No. 152/22 and 34/25) 21 also have been registered with the Croatian Employment Service (HZZ) for at least 9 months without interruption or 12 months with interruptions in the past 2 years prior to the birth of the child. The time of registration as unemployed in case of termination of employment contract, completion or interruption of education is regulated differently. Employed and self-employed pregnant women are entitled to maternity leave (rodiljni dopust) 28 days prior to the expected date of birth (in case of complications, it may be taken 45 days prior to the expected date of birth) up to 70 days after the birth of the child. This is mandatory leave used by the mother, and in special circumstances it may also be used by the father (for example, if the mother dies). Additional maternity leave lasts until the baby is 6 months old. The mother can return to work in this period and transfer it, in full or partially, to the father. An employed or self-employed father has the right, after the birth of a child, to paternity leave (očinski dopust), depending on the number of children born: 20 working days for one child or 30 working days in case of birth of twins, triplets or simultaneous birth of several children. Provided that he does not use any of his maternity or parental rights, the father can use the entitlement to paternity leave regardless of the employment status of the mother until the child is 6 months old, and the right is non-transferable An employed or self-employed parent is entitled to parental leave (roditeljski dopust) after the child reaches the age of 6 months. Parental leave can be used until the child turns 8 (for the first and second child). This is a personal right of both parents who may take it for 4 (for the first and second child) or 15 months (for twins, third and every subsequent child) each. Two months are non-transferable and the rest can be shared between the parents. If parental leave is used by only one parent, the duration is six months for the first and second born child and 28 months for twins, the third and each subsequent child. If a person is a farmer, or earn other income or is unemployed, the person is entitled to maternity exemption from work (rodiljna pošteda od rada) until the child reaches 6 months. Furthermore, such a person is entitled to parental exemption from work (roditeljska pošteda od rada) until the first or third year of the child's life. Parents outside the labour market are entitled to maternity and parental childcare (rodiljna i roditeljska briga o djetetu). Right to work half your working hours in order to provide your child with more care (pravo na rad s polovicom radnog vremena radi pojačane njege djeteta) After parental leave has been used in its entirety, one of the employed or self-employed parents, has the right to work half-time if the child needs special care due to health or developmental reasons (pravo na rad s polovicom radnog vremena radi pojačane njege djeteta). The right can be used up to the third year of the child's life. The right ceases if the child is permanently or weekly placed in a health or social care institution, or in a preschool institution for more than eight hours every day. One of the employed or self-employed parents of a child with severed physical or mental disabilities (dopust radi njege djeteta s težim smetnjama u razvoju), has the right to leave for 22 child care until the child reaches the age of eight. The right can be used to work half-time as long as the needs lasts, even after the child reaches the age of eight. Employed or self-employed adoptive parents are entitled to take adoptive parent leave (posvojiteljski dopust) as of the day the adoption becomes legally valid and may last for 6 months for children up to the age of 18. An additional 6 months of adoptive parent leave is granted for an adopted child who is under 8 years of age. Adoptive parent leave can be extended for 60 days in certain situations. The second adoptive parent has the right to the leave within six months from the adoption decision, for a continuous period of: 20 working days in case of adoption of one child, or 30 working days in the case of the adoption of twins or two or more children at the same time or a child whose adoption makes them the third or subsequent child in the family or a child with developmental disabilities. The second adoptive parent can use this right regardless of the employment status of the other adoptive parent, and on the condition that they do not use any of his maternity or parental rights. Cash assistance (income-replacement benefit, lower cash benefits, cash assistance) (novčana potpora) are as follows: • Maternity leave: for an employed or self-employed mother who meets the insurance period conditions, it stands at 100% of the base of her wage • Paternity leave: for an employed or self-employed father who meets the insurance period conditions, it stands at 100% of the base of his wage • Parental leave: the income-replacement benefit is limited by the calculation base. The rate is 100% of the remuneration base with a ceiling of EUR 3000.00 net for parental leave of 6 or 8 months • For the remaining parental leave (for twins, third or every subsequent child), the income replacement benefit is EUR 803.00; • Maternity and parental exemption from work: the lower cash benefit is EUR 503.00 a month. • Maternity and parental childcare: the cash benefit is EUR 503.00 a month; • Right to work half your working hours in order to provide more care for your child: the cash benefit to which the parent is entitled stands at EUR 600.00 • Leave for taking care of a child with severe developmental disabilities: the cash benefit for the parent is EUR 803.00. For employed or self-employed parents: If all conditions are not met then amount of maternity, paternity, parental leave is EUR 503.00; if only the insurance period is not fulfilled, then they have EUR 702.00. Adoptive parent leave: The cash benefit paid during adoptive leave is 100% of the base of the adoptive parent's wage (no with no ceiling. During parental leave, it is limited to EUR 3000.00 The second adoptive parent's right to leave: 100% of the salary compensation base determined according to the regulations on mandatory health insurance. Parents, mothers and fathers may also exercise other rights such as breastfeeding breaks, leave for death of the child and suspension of employment until the child turns 3 years old. 23 The Croatian Health Insurance Fund (CHIF) gives one-time allowances for the birth of a child (jednokratna novčana potpora za novorođeno dijete), and all persons who have health insurance and meet the prescribed requirements are entitled to it in the amount EUR 618.00. Elite athletes—depending on their status as employed, self-employed or outside of the world of work, will be covered by previously stated categories of cash allowances. Conclusion Maternity & Paternity Benefits Elite athletes in Croatia face limited statutory maternity/paternity/parental protection unless they fall within specific employment structures, or have the status of self-employed persons. In case they are out of the work-world (unemployed) they enjoy statutory maternity/paternity/parental protection but in a lower monetary amount. Unfortunately, in Croatia we could not say that there is an evolving sport-body initiative to tackle this issue. Mostly, especially in female sports, which are all amateur in Croatia, in case of the need for the use of maternity protection due to pregnancy, athletes face contract dissolutions due to the fact that they cannot train and compete during the period which, according to medical indications, could endanger the health and/or life of the mother and/or the baby. On the other hand, male athletes rarely, if any, use parental leave, because it is not mandatory yet. Unemployment Support In Croatia, there is no unemployment protection specifically tailored to elite athletes. Access to unemployment benefits is governed by the general welfare system and depends primarily on the individual’s employment status and history of his/her contributions being paid. In case a person loses a job, he/she may claim a cash unemployment benefit (naknada za nezaposlenost). All workers (in the private and public sector) and self-employed are entitled to the benefit. In order to receive this cash benefit, a person must have worked for at least 9 months in the past 24 months when he/she became unemployed. To receive this entitlement in Croatia or another EU country, the time spent working in any other EU country, including Croatia, will be taken into account. The employment must not have been terminated through fault of his/her own or voluntarily and a self-employment activity must case with justified reasons. However, if the employment was terminated by agreement, a person is entitled to unemployment benefit if this was because his/her spouse moved or he/she had to move for health reasons. A person can also receive unemployment benefit if he/she agreed to terminate the employment at the suggestion of his/her employer in the case of an employee surplus. In order to claim unemployment benefit, a person have to register with the Croatian Employment Service (Hrvatski zavod za zapošljavanje - HZZ) within 30 days of the date of termination of the employment contract / termination of selfemployed activity and file an application for unemployment benefit. If a person was on sick leave, or on maternity, parental, 24 adoptive parent or carer's parent leave when the employment contract was terminated or has stopped being self-employed, the person must register with the HZZ within 30 days of the end of the respective leave. If the person is enrolled in education or vocational training programmes, at the referral of the HZZ, the person is entitled to cash assistance. In addition, if a person finds a job outside his/her place of permanent residence, he/she is entitled to one- time cash assistance and reimbursement of travel and relocation expenses. In order to keep the entitlements, he/she must regularly contact your employment advisor, be actively looking for work, and be available for work. The amount of the cash benefit depends on the wage a person received before the employment was terminated. It is calculated on the basis of the average gross wage a person earned over the previous 3 months before the employment contract was terminated/or special insurance base in the previous 3 months, if he/she was a self-employed person. For the first 90 days of unemployment, the benefit amounts to 60%, and for the remaining period, it is 30% of the calculation base. Both the minimum and maximum amounts of the cash benefit are prescribed. A person my claim unemployment benefit for a period of between 90 and 450 calendar days, depending on the total time he/she spent working (from 9 months to over 25 years). An exception to the rule is unemployed people who have spent 32 years working and have no more than 5 years until they meet the age requirements for old-age pension. They are entitled to unemployment benefit until they gain new employment or entitlement to retirement. Regarding elite athletes, they do not enjoy any special specific rights, due to the fact they are recognised as elite athletes. They could enjoy this social security rights only as a result of their previous legal (contractual) status as employed or self-employed. Employment Injury Benefits In Croatia, protection against employment-related injury or illness is generally provided through two mechanisms: (1) statutory schemes, such as the Mandatory health insurance Act11 and the Occupational health and safety Act12 and (2) employer-provided protections, including occupational health schemes and compensation through civil liability. However, these mechanisms are primarily accessible to individuals who are legally classified as employees or, in some cases, workers—a status that most elite athletes in Croatia do not possess. On the other hand, as self-employed persons, athletes are included in the scheme. 11 Mandatory health insurance Act (Zakon o obveznom zdravstvenom osiguranju) (Official Gazette No. 80/13, 137/13, 98/19 and 33/23). 12 Occupational health and safety Act (Zakon o zaštiti na radu) (Official Gazette No. 71/14, 118/14, 154/14 , 94/18, and 96/18). 25 Accidents at work and occupational diseases in Croatia are covered by mandatory health and mandatory pension insurance. Benefits are paid from mandatory health insurance in case of temporary incapacity for work, while benefits in case of disability and physical impairment are paid from pension insurance. An accident at work is defined as an accident arising out of work and in the course of work, including travel between the place of residence and work. An occupational disease is a disease caused by longterm direct exposure to the working process and conditions for certain jobs. Only those diseases on the official list are considered occupational diseases.13 A physical impairment exists when an insured person has suffered a loss, significant damage or substantial impairment of an individual organ or parts of the body which hinders the normal activity of the body and requires greater effort to carry out living needs, regardless of whether it causes disability or not. For persons with regulated compulsory health insurance at the Croatian Health Insurance Fund (HZZO), the right to salary compensation based on recognized injury at work or recognized occupational disease will be calculated and paid by their employer, from the first day and at the expense of the Croatian Health Insurance Fund. The compensation is paid in the amount of 100% of the compensation base which is determined in accordance with the Croatian legislation on compulsory health insurance. Regarding the athletes, nothing special is determined for them under this part of the social security scheme and they enjoy this kind of protection, again according to their status: employed or self-employed persons. Sickness Benefits The Croatian welfare system provides sickness protection primarily through employment- based entitlements or self-employed status and public benefits administered by the Croatian Health Insurance Fund (CHIF). However, access to these protections depends heavily on an individual's employment status and contribution history—factors that often place elite athletes outside the system’s main eligibility pathways. A person is entitled if he/she is registered for mandatory health insurance with the Croatian Health Insurance Fund (CHIF) as an economically active person. Also people with a permanent residence in Croatia or with an approved permanent residence permit employed in another European Union country or in a country with which Croatia has an international treaty and who do not have mandatory health insurance in accordance with the regulations of the country in which they work in the manner laid down by European Union regulations or international treaty are also entitled. To conclude, those people have the right to income- 13 Act on the list of professional illnesses (Zakon o listi profesionalnih bolesti) (Official Gazette No. 162/98 and 107/07). 26 replacement benefit while temporarily incapacitated for work (naknada za vrijeme privremene spriječenosti za rad); and cash sickness benefit (novčana naknada zbog bolesti). A person may be entitled to income-replacement benefit for the time he/she is temporarily incapacitated for work if he/she is employed or self-employed, or if the person is a farmer, priest, person providing assistance and care to a Croatian war veteran, parent with carer status and in other circumstances. The working capacity may be reduced temporarily not only due to illness or injury. A person may also take sick leave, for example, for a medical examination that cannot be performed outside your working hours, due to medically required isolation, complications during pregnancy, accompanying a sick person, or caring for a sick child or spouse. In order to be entitled to sickness income-replacement benefit, if a person is employed or self- employed, such a person need to have pensionable service of at least 9 consecutive months. If he/she has interruptions in your, then his/her prior pensionable service must be at least 12 months during the past two years. If a person falls short of this, he/she is entitled to minimum sick pay. However, this limit does not apply to the income-replacement benefit given for a recognised accident at work or occupational disease. If a person acquired health insurance status through other income (author contract, copyright contract), in order to be entitled to this cash benefit, such a person must have his/her temporary incapacity for work confirmed. It is confirmed by the Medical Committee of the Croatian Health Insurance Fund (CHIF). A person is entitled to income replacement benefit for the time he/she is temporarily incapacitated for work (sick leave) paid by the CHIF or a cash benefit. Income-replacement benefit for sick leave is normally paid by the employer for the first 42 days of sickness, or 7 days for a worker with a disability. The amount of the payment depends on the collective agreement or employment contract, but may not be less than 70% of your average wage in the 6 months preceding your sick leave. From the 43rd day of sick leave, or the eighth day for a disabled employee, income-replacement benefit is calculated and paid out by the employer and reclaimed from the CHIF. In this case, the minimum rate may not be less than EUR 111.00 and the maximum rate is limited to EUR 566.00. In case the employer is insolvent or bankrupt, the CHIF can pay the income-replacement sickness benefit directly into person’s account. Income-replacement benefit in the amount of the person’s average 6-month wage paid by the CHIF is paid out when you take sick leave as a result of the Homeland War, for nursing a sick child under the age of three, for donating tissues and organs, medical isolation and complications during pregnancy. A person is entitled to income-replacement sickness benefit until his/her recovery, but as a rule no longer than an uninterrupted period of 18 months for the same diagnosis. After this, the benefit is reduced to half its amount. This reduction does not apply to certain severe illnesses. In case of nursing family members, the duration of cash assistance is restricted to 60 days when caring for a child under the age of 7 years or 40 days for an older child. If so required due to the nature of the illness, this period may be prolonged. The cash benefit is limited to 20 days when caring for a spouse or child older than 18. Entitlement to sick leave is confirmed by a person’s chosen primary healthcare doctor in a 27 healthcare institution or private practice. A person is entitled to income-replacement benefit until his/her doctor or authorised CHIF doctor assesses that such a person is capable of working or until he/she is diagnosed with a disability under a final decision by the competent body of the health insurance scheme. A person must inform his/her employer about sick leave. He/she supply the employer with a certificate of temporary incapacity for work and expected duration within 3 days at the latest. The Sick Leave Report, which contains the start and end of the sick leave, is filled out and issued by the person’s chosen doctor. In the case of maternity leave, the report only contains the start date of maternity leave. During sick leave, at person’s request, the chosen doctor will issue a Notice of Duration of Sick Leave, when required for calculating income replacement benefit paid by the employer. Sick leave as assessed by the chosen doctor may only last for the period prescribed by them. Regarding elite athletes, the Croatian system provides limited structural protection for elite athletes in case of sickness. Outside of club-based or police employment, athletes are left to navigate a complex public benefits system not designed with the sport context in mind. The result is an inconsistent and insecure form of protection, dependent on discretionary decisions by sport bodies and variable access to public support. Health Protection In Croatia, all residents have access to publicly funded healthcare through CHIF. Established on the principle of universality, CHIF provides comprehensive medical care free at the point of use, including general practitioner services or family medicine support, hospital care, emergency treatment, mental health support, and maternity services. Elite athletes, like all Croatian citizens and residents, are entitled to these services regardless of their employment status or income. Mandatory health insurance provided by the CHIF insures all people with a permanent residence in Croatia and foreign nationals with an approved permanent residence permit unless otherwise regulated by international treaty. Nationals of other European Union countries are also obliged to be insured provided they are not insured in another Member State as well as nationals of countries that are not members of the European Union if they have an approved temporary residence permit in Croatia. They are insured on the basis of an employment contract with an employer who has a registered office in Croatia, or on grounds of conducting economic or professional activities in Croatia, unless otherwise stipulated by European Union regulations or international treaty. A person may be insured under supplementary health insurance only if he/she has confirmed status of an insured person under the mandatory health insurance scheme at the CHIF. Mandatory health insurance at the CHIF is claimed on different grounds (for example, employment contract, conduct of economic activities, pension, family member of an insured person). A person can claim healthcare covered by mandatory health insurance if he/she is 28 registered for insurance at the CHIF. If a person is insured under mandatory health insurance and older than 18 years of age, you can also be insured under supplementary health insurance. A person claims his/her mandatory health insurance rights by registering with the CHIF office in the place of residence or stay. As a rule, a person must register within 30 days. Insurance gives the right to: • primary healthcare; • specialist and consultation healthcare; • hospital healthcare; • use the medications on the CHIF's primary and supplementary list of medications; • dental and prosthetic care and dental and prosthetic replacements; • orthopaedic and other aids and the right to healthcare abroad. Mandatory health insurance also covers accidents at work and occupational diseases. As a rule, no prior insurance is required to be entitled to healthcare although this may be required for some orthopaedic and dental aids. Children and disabled people are exempt from the prior insurance requirement. A person must cover some of the costs of medical care. The minimum amount of co-participation is EUR 1.00 and the maximum amount of co-participation cannot exceed EUR 266.00 for a single bill. However, the CHIF will cover some forms of healthcare in full. For example, for children under the age of 18, full-time students, disabled people requiring permanent assistance and pregnant women However, while the CHIF forms the cornerstone of healthcare provision in Croatia, it is not specifically adapted to the needs of high-performance athletes. CHIF services are not designed to support elite-level injury rehabilitation, performance diagnostics, or rapid return- to-play protocols. For elite athletes we must highlight that according to Article 37 of the Sports Act, one of the tasks of the national sports federations is the health care of athletes. however, since it is not concretely defined such a task od the national sports federation, it is upon their good will and available financial resources, which are never enough, to tailor such an important task. Furthermore, according to Article 15 of the Sports Act (medical examinations) it is determined that an athlete whose medical fitness for the said sport and age group has been established may participate in sports competition and sports training activities. Those provisions shall not apply to an athlete registered in a club established outside the Republic of Croatia. Medical fitness shall be determined by a medical examination for a period not exceeding 24 months. The athlete must undergo a medical examination no later than one month from the date of commencement of sports training activities. The manner of conducting a medical examination, the specialty of doctors performing a medical examination, the deadline, type and scope of examination of sportsmen and sportswomen, students participating in competitions in the system of school and academic sports and the organization of medical assistance in sports shall be prescribed by an ordinance by the head of the state administration body responsible 29 for health, with the prior consent of the head of the state administration body responsible for sports. In practice, elite athletes often require specialist and time-sensitive care. To meet these needs, for the elite athletes that are, as Olympic candidates in a contractual relationship with the NOC of Croatia and their national sports federation, a higher level of health protection and healthcare is being assured. In summary, while elite athletes in Croatia benefit from universal CHIF access like all residents, their performance-related health needs are met in rare cases of a contractual relationships with clubs or national sports federation. An exception are the Olympic candidates who enjoy a better level of protection assured by the NOC of Croatia and their national sports federation through public need programs financed by the central state and the NOC of Croatia. Old-Age Benefits & Pensions Access to old-age benefits and pensions in Croatia is determined primarily by residence status and an individual’s Croatian Pension Insurance Institute (Hrvatski zavod za mirovinsko osiguranje – CPII). Athletes, like all Croatian residents, may qualify for state pensions and other forms of retirement support depending on their employment status, military affiliation, or integration into elite sport programmes. However, there is no dedicated pension scheme for elite athletes as a category under Croatian law but those elite athletes that won a medal in important competitions have the right to Permanent Monthly Monetary Compensation to Winners of a Medal at the Olympic, Paralympic and Deaf Olympic Games and World Championships in Olympic Sports and Disciplines, Under the statutory pension scheme (first pillar of pension insurance),14 a person may receive old-age pension when have completed 15 years of qualifying period (men and women) and reach 65 years of age if it is a man. If you are a woman, you may claim your old-age pension in 2025 if you have reached 63 years and 9 months. The retirement age for women is being gradually raised, by 3 months every year, to bring it into line with the age condition for men by 2030. Under the capitalised pension scheme (second pillar of pension insurance), a person is entitled when he/she meet the eligibility conditions for the first pillar of pension insurance if you were a member of the mandatory pension fund. People with mandatory insurance under the statutory pension scheme are employees or self- employed, those who perform an independent or professional activity, those involved in agriculture and others. The same people under the statutory pension scheme are insured under the capitalised pension scheme, but there are exceptions. 14 Pension Insurance Act (Zakon o mirovinskom osiguranju), (Official Gazette No. 157/13, 151/14, 33/15, 93/15, 120/16, 18/18, 62/18, 115/18, 102/19, 84/21 and 119/22). 30 Men who reach 60 years of age and have completed at least 35 years of the qualifying period are entitled to an early old-age pension. In 2025 women must reach 59 years of age and have at least 34 years of qualifying period in order to receive an early old-age pension. And in the case of bankruptcy, a person have to be unemployed for at least 2 years prior to qualifying for retirement because your employer went bankrupt. If you have reached 60 years of age and have at least 41 qualifying years, you are entitled to an old age pension for long-insured persons. People who were members of the mandatory pension fund are also entitled to a second pillar pension when they become entitled to a first pillar pension. The amount of your old-age pension is calculated by multiplying your personal value points by the pension factor and the actual value of the pension. If a person retire after 65 and have completed 35 years of qualifying period, the pension will increase 0.45% for each month of deferment (maximum for 5 years). If you only claim a first pillar pension and it is lower than the minimum pension (najniža mirovina), you will receive the amount of the minimum pension. Likewise, the amount of the maximum pension (najviša mirovina) which can be paid out under the first pillar is set by a separate regulation (Maximum Pension Act). The amount of your early old-age pension is set in the same way as the old-age pension. However, it is lowered for each month of early retirement. The amount of early old-age pension is permanently reduced by 0.2% for each month before retirement age, i.e., by 2.4% per year up to 12% for five years prior to retirement. The reduction is permanent and does not depend on the length of the completed qualifying period. The procedure for claiming an old-age pension or early old-age pension is instituted by submitting a pension application to the competent regional office of the Croatian Pension Insurance Institute (CPII) or online. The competent regional office of the CPII is the one located in person’s place of permanent residence or temporary residence. For a second pillar pension, a person needs to choose a pension insurance company which will pay the pension. The CPII shall provide the Central Registry of Affiliates (REGOS) with the information from the pension recognition decision for members of the second pillar scheme. After the prescribed procedure, REGOS issues an order to transfer funds from the personal account of the fund member, the future pension recipient, to the account of the chosen pension insurance company. The pension insurance company will sign a contract with the beneficiary and pay out a lifetime monthly pension from the transferred funds (reduced by the prescribed fee). Speaking about the athletes we must differ few different statuses. Athletes who are employed—and those are in Croatia only in football with about a total of 60-70 employment contracts out of more than 500 professional football players, enjoy the standard statutory protection. All other athletes that are in a self-employed status are insured as self-employed persons and will enjoy the same status as those in the employment status. Now, the employment of a certain number of elite athletes in the Police forces, according to the agreement between the NOC of Croatia and the Ministry of Interior will be a new form of 31 employment of elite athletes. It is important stress that those elite athletes who are part of the reserve military troops does not have an employment status yet. In the end, as previously said (see supra AD 1.1.1.) according to the Article 77 of the Sports Act (Compulsory contributions) a top athlete of the 1st category, which is around 100 elite athletes, shall be entitled to payment of compulsory contributions (for health and pension insurance) from the funds of the state budget of the Republic of Croatia. In the end, one important right was introduced for those elite athletes who won the highest medals in sports. In 2012, a novelty was incorporated into the Sports Act which was aimed at expressing the state’s gratitude for the international promotion of Croatia to athletes who won a medal at the Olympic, Paralympic and Deaf Olympic Games and world championships in Olympic sports and disciplines. This State acknowledgement is regulated by Article 79 of the Sports Act and by the Decree on Awarding Permanent Monthly Monetary Compensation to Winners of a Medal at the Olympic, Paralympic and Deaf Olympic Games and World Championships in Olympic Sports and Disciplines, which in a more detailed way regulates the procedure of obtaining such an acknowledgement. The athlete must meet the following conditions: has Croatian citizenship, has residence in the Republic of Croatia, is at least 45 years of age and has not been convicted of the criminal offence referred to in Article 111 (1) and (2) of the Sports Act. Permanent monthly financial compensation, in net amount, shall be: • 100% of the average net salary per employee in legal entities in the Republic of Croatia according to the announcement of the Croatian Bureau of Statistics for the gold medal at the Olympic Games, Paralympic Games and the Deaflympics, which was determined for the previous year in relation to the year in which the permanent monthly financial compensation is paid • 80% of the average net salary for the silver medal at the Olympic Games, Paralympic Games and the Deaflympics and for the gold medal at the World Senior Championships in Olympic/Paralympic sports and discipline and Olympic deaf sports and discipline determined for the previous year in relation to the year in which the permanent monthly monetary prize is paid • 60% of the average net salary for the bronze medal at the Olympic Games, Paralympic Games and the Deaflympics and for the silver medal at the World Senior Championships in Olympic/Paralympic sports and discipline and Olympic deaf sports and discipline, sports and disciplines determined for the previous year in relation to the year in which the permanent monthly financial compensation is paid • 40% of the average net salary for the bronze medal at the World Senior Championships in Olympic/Paralympic sports and discipline and Olympic deaf sports and discipline, sports and disciplines determined for the previous year in relation to the year in which the permanent monthly financial compensation is paid. 32 Conclusion Old-Age Benefits & Pensions The Croatian’s old-age benefits system offers basic state pension support for athletes who meet the CPII contribution requirements, but does not provide a sport-specific pension framework for elite athletes. There is the Permanent monthly financial compensation for those elite athletes who won a medal on the most important competitions after they are 45 years old, but that is not a real pension system (although in the media and in general public it is called “athletes’ pension”), more a reward compensation scheme as a sign of gratitude for the obtained results in the name of the State. Although in the first ever strategic document on sport in Croatia (the National Sports Program) 2019-2026 it is planned to introduce a closed 3rd pillar pension scheme for athletes, such a scheme was not yet introduced and probably will not be introduced. Invalidity and Disability Benefits In Croatia, invalidity and disability-related support is delivered through a comprehensive but generalist welfare framework, which applies to all residents based on their needs rather than their profession. There are no disability protection schemes specifically designed for elite athletes, and athletes who acquire a disability—whether during their sporting career or later in life—may access the same benefits as the general population, subject to eligibility. The disability benefits are: invalidity pension (invalidska mirovina); income-replacement benefit for occupational rehabilitation (naknada za vrijeme korištenja prava na profesionalnu rehabilitaciju); benefits and assistance for disabled people (davanja i pomoć za osobe s invaliditetom). A person may be entitled to an invalidity pension and income-replacement benefit in the pension insurance system if his/her capacity for work is reduced or the capacity for work is lost fully or partially. In the social care system, disabled people and children with disabilities may be entitled to cash benefits and a range of forms of assistance. These apply to people with physical, intellectual and sensory impairments, as well as people with mental impairments. A person is entitled to an invalidity pension if he/she has a partial or general disability and has completed the necessary qualifying period. Partial or general disability may occur as a consequence of illness and accidents outside work, accidents at work or occupational disease. If partial or general disability occurred as a consequence of accident at work or occupational disease, the entitlement to invalidity pension will be granted regardless of the length of the qualifying period. If partial or general disability occurred before 65 years of age as a consequence of illness or outside of work accident, the entitlement to the invalidity pension can be approved if the qualifying period covers at least one third of the working life (see Jargon busters). Exceptionally, if general disability occurs before the insured is 30 years of age or 35 in case of education, the qualifying period condition will be less restrictive (one, i.e., two years of the insurance period). If a person is under 55 years of age, he/she is entitled to occupational 33 rehabilitation and income-replacement benefit. If a person remains unemployed for at least 5 uninterrupted years after occupational rehabilitation, such a person is entitled to temporary invalidity pension (privremena invalidska mirovina) provided he/she was unemployed until you reached 58 years of age. This applies to people with established residual work capacity and who meet the conditions of the pension qualifying period required to be entitled to a pension. Invalidity pension is an entitlement from the pension insurance scheme claimed on grounds of partial or full loss of capacity for work and completed pension qualifying period. In the case of an accident at work or an occupational disease, it is claimed independently of completed pension qualifying period. The amount of invalidity pension depends on a number of factors. Sport-Specific Protection There is currently no formal invalidity insurance scheme operated in Croatia for elite athletes. Athletes may be covered by private sport accident insurance arranged through their national sports federations and/or clubs. When those athletes are in the Olympic circle preparation scheme, they are covered for this risk through the contractual relationship with the NOC of Croatia and their national sports federations. Survivors’ Benefits Survivor protection in Croatia is primarily delivered through the general welfare and pension systems, which provide financial support to the spouses, civil partners, and (in some cases) dependent children of deceased individuals. These benefits are not profession-specific and apply to eligible residents based on contribution history, family status, and residency. As with other branches of social protection, there are no athlete-specific survivor benefits in Croatia— meaning that access depends entirely on the legal and financial status of the athlete at the time of death. The survivor’s benefits are: survivor's pension for a widow/widower/cohabitating partner/ same-sex partner/divorced spouse (obiteljska mirovina za udovicu/udovca/izvanbračnog partnera/neformalnog životnog partnera/rastavljenog bračnog druga) ; survivor's pension for a child (obiteljska mirovina za dijete); survivor's pension for a parent (obiteljska mirovina za roditelja) request for partial survivor's pension (zahtjev za isplatu dijela obiteljske mirovine). Family members of the deceased insured person are entitled to a survivor's person if the deceased had at least 5 years of pensionable service or at least 10 years of pension qualifying period, or if the insured person fulfilled the qualifying period for an invalidity pension or was already receiving an old-age, early or invalidity pension, or was exercising their right to professional rehabilitation. If the death of the insured person was caused by an accident at work or an occupation disease, family members are entitled to a survivor's pension regardless of the length of the pension qualifying period completed by the insured person. If the deceased 34 did not work full-time, this working time is recognised as full-time for meeting the condition of the qualifying period for the right to a survivor's pension under the Labour Act. Family members of the deceased insured person or retiree are entitled to a survivor's pension. It is based on the right of family members to maintenance by the deceased. A family member who intentionally caused the death of an insured person or pension beneficiary and who has been legally convicted to serve a prison sentence for the crime is not entitled. A widow, widower, cohabitating partner (if the cohabitation lasted at least 3 years, and is proven in extrajudicial proceedings) and same-sex partner (if partnership lasted at least 3 years proven in noncontentious proceedings) are entitled to a survivor's pension if they had reached 50 years of age at the time of the death of the married/cohabitating partner/same-sex partner. If they are under 50 years of age, they are entitled to a survivor's pension if they are unable to work and this incapacity occurred within 1 year of the death of the married spouse. However, if at the time of death of the married spouse they have reached 45 years of age, they are entitled to a survivor's pension when they turn 50 years old. They retain this right permanently after 50 years of age. They are also entitled to a survivor's pension if they are the parent of a child or children who are entitled to a survivor's pension and care. If they become incapable of working while still entitled, they remain entitled to a survivor's pension as long as the incapacity lasts. Cohabitants or partners, as well as same-sex partners are entitled to a survivor’s pension if the cohabitation/same-sex partnership existed at the earliest on March 28 2008 and lasted for at least 3 years. A widow is entitled to a survivor's pension even when the child of the insured person is born after his death. In this case, entitlement to a survivor's pension begins on the date of the insured person's death. A divorced spouse is entitled to a survivor's pension if a court decides they are entitled to spousal maintenance. Family members are entitled to a survivor’s pension if cohabitation/marriage existed at the earliest on August 5 2014 and lasted for at least 3 years. The status of partnership is determined in a non-litigious court proceeding. A child is entitled to a survivor's pension if under 15 years old at the time of the death of a parent, or 18 years old if unemployed. If a child is in full-time education, the entitlement lasts up to the age of 26, or longer in the case of illness. A child who becomes incapacitated for work up to the age of entitlement to a survivor's pension or afterwards (if maintained by the deceased), remains entitled as long as the incapacity lasts. Exceptionally, a disabled child with residual work capacity who started working before the death of a parent is also entitled to a survivor's pension after the death of a parent and does not lose the right to the pension, but the payment of is suspended during the period of employment. Children born out of wedlock and adopted children have the same rights. A parent of the deceased who was maintained by them (or by a beneficiary) before they died is entitled to a family pension if they are aged 60 or older or if they are younger than this and fully incapacitated for work. The entitlement is permanent for a widow/widower/cohabitating partner/divorced spouse; child; parent, unless the beneficiary marries, under certain conditions stepchildren, grandchildren, parents, life-time partner, a child of a deceased partner. A survivor's pension after the death of 35 the active insured person is calculated as a percentage of the invalidity pension to which the deceased would have been entitled, according to the number of family members: • for one beneficiary: 77% of the pension; • for two beneficiaries: 88% of the pension; • for three beneficiaries: 100% of the pension; • for four beneficiaries: 110% of the pension For family members of a deceased insured person under 55 years of age or with less than 10 years of qualifying period in the capitalized pension scheme, the survivor's pension is calculated as if the insured person had been insured only under statutory pension scheme. Conclusion Survivors’ Benefits The Croatian system provides basic survivor protection through general public benefits and occupational pension schemes—but elite athletes would enjoy those rights solely on the basis of their residence status and employment status in Croatia, not as elite athletes. Minimum Income The most relevant legal sources for the setting of the statutory minimum wage in Croatia is the Minimum Wage Act.15 It holds a central position: besides representing the legal basis for the minimum wage, it also provides the rules for its determination, adjustment, supervision, and enforcement. Another source for statutory minimum wage settings in Croatia is the regulation issued by government on a yearly basis (see section on the process of setting the minimum wage for more information) providing the gross amount of the minimum wage. According to the Decree on the Minimum Wage for 2025 (Uredba o visini minimalne plaće za 2025. godinu), the minimum wage in Croatia is EUR 970,00 gross. The main actors in the determination of the statutory minimum wage in Croatia, are: the government, who sets, on a yearly basis, the level of minimum wage by regulation; the Minister responsible for Labour, in charge of the proposal of the amount of the minimum wage and of the constitution and working procedures of the expert Commission; Social partners, who participate in the minimum wage setting and adjustments by means of compulsory consultations (to be held before the Minister’s proposals) and participation in the expert Commission; and the expert Commission set up by the Minister, with responsibilities in terms of monitoring and analysis. The composition of the Commission is, according to the Minimum 15 Minimum Wage Act (Zakon o minimalnoj plaći) (Official Gazette No. 118/18, 120/21 and 152/24 ) 36 Wage Act, decided by the Minister, without the law explicitly requiring social partners’ representation. Under a procedural point of view, the Minimum Wage Act provides that the amount of the minimum wage for each calendar year is determined by the government by regulation, on proposal of the Minister responsible for labour. The nominal gross rate cannot be lower than the amount determined for the previous year. It must be adjusted annually (no later than 31 October) for the following calendar year. The social partners’ role in the process of setting the minimum wage is highlighted in the Minimum Wage Act itself, requiring the minister to propose the amount of the minimum wage to the government after consultation with social partners, which appears, therefore, a compulsory step – despite the form and timing for this consultation is not strictly regulated: the Minimum Wage Act simply provides that the annual consultation with social partners are ‘usually held’ in September and October (i.e. the months immediately preceding the governmental regulation that formally adjusts the rate). Criteria for the determination of the statutory minimum wage are indicated by the Minimum Wage Act. As of its latest version, apart from the legal requirement to be expressed in gross amount and in full-time equivalent, and keeping in mind the legal ban on lowering its level, the law requires taking into account the following indicators: • The increase in the share of the minimum wage in the average gross salary paid in legal entities from January to July of the current year. • The level of inflation or changes in the purchasing power of the minimum wage • Wage developments. • Unemployment and employment trends. • Demographic trends. • Developments of productivity • The overall state of the economy. Moreover, while considering the overall state of the economy, ‘special attention’ to activities with low wages and vulnerable groups of employees is prescribed. No further details on the operationalisation of these criteria are provided in the text. Despite the universal and compulsory characters of the Croatian statutory minimum wage – suggested that the right to the minimum wage belongs to all workers employed in the Republic of Croatia, regardless of the employer's headquarters or registration.; and second, by the fact that agreements between the employer and the worker to waive the right to receive the minimum wage is explicitly not permitted– the law itself leaves open a potential for exemptions: It does so in at least three passages of the Act: 37 1. When providing that ‘Exceptionally [from the basic definition of minimum wage] the minimum wage is considered to be the smallest amount of monthly gross salary according to the complexity of the job for full-time work contracted by a collective agreement whose application is extended in accordance with the general labour regulation’ (art. 3(2)). 2. When providing that ‘the provisions of this Act do not apply to a worker who is the only employee of the employer and simultaneously a member of the management, executive director, manager of a cooperative, liquidator, etc., according to special regulations (art. 4(2)). 3. And especially when providing that ‘a collective agreement may stipulate a minimum wage lower than the amount prescribed by the regulation of the Government of the Republic of Croatia’, however not in an amount less than ninety-five percent of the statutory minimum wage. An important exception identified from a source different from the Minimum Wage Act is that referring to interns: the Labour Act in the Article 59 that if a professional exam or work experience is determined by law or other regulation as a requirement for performing the tasks of a job in a specific profession, the employer may admit a person who has completed education for such a profession to professional training without establishing an employment relationship. This period of professional training is included in the internship and work experience prescribed as a requirement for working in a job in a specific profession and cannot last longer than the duration of the internship. It is explicitly provided that ‘the provisions on employment relationships of this and other laws apply to a person undergoing professional training, except for the provisions on the conclusion of an employment contract, salary, and salary compensation, as well as the termination of the employment contract’. The exclusion of legal provisions related to salary and salary compensation makes this occurrence a relevant exception, considering that the duration of an internship can be up to one year (Article 57). There is no formal minimum income guarantee for elite athletes in the UK. Instead, support relies on a combination of public welfare schemes and performance-based grant funding through NOC of Croatia or scholarships that could be given to athletes by their clubs, national sports federations, local/regionals sports communities and the State. 4.1.3. Conclusion and Takeaways Croatia offers a broad and well-established welfare state grounded in universal healthcare and a mix of contributory and means-tested benefits. Elite athletes, as Croatian residents and Croatian and EU citizens, may in principle access many of these protections. However, in practice, the applicability and adequacy of this support are uneven and often dependent on an athlete’s employment status, institutional affiliation, and performance pathway. 38 Athletes employed by clubs or serving in the police forces and soon, we hope, in the armed forces, benefit from formal employment relationships, granting them access to maternity and paternity leave, pensions, and employer-based protections and other benefits of the social security scheme. Unfortunately, the employed athletes, who could enjoy the biggest spectre of labour and social security rights, are a huge minority. All others are in the self-employed status or even worse, for female athletes when getting pregnant with the (civil law) contract dissolution in the unemployed status. Good Practice Despite these structural limitations, there are examples of good practice that respond to the unique needs of elite athletes. Firstly, the employment of elite athletes (and their coaches too) by the Ministry of Interior to be part of police forces according to the agreement between the NOC of Croatia and the Ministry of Interior. On the other hand, it is more than 10 years that a similar contract exists between the NOC of Croatia and the Ministry of defence where a nice number of elite athletes has been enrolled in the reserve military troops with a three years contract providing them with a remuneration that now in 2025 is EUR 1000,00 net. Unfortunately, those athletes are not employed yet by the Ministry, so there is space for a better status. Finally, the Permanent Monthly Monetary Compensation to Winners of a Medal at the Olympic, Paralympic and Deaf Olympic Games and World Championships in Olympic Sports and Disciplines, which gives those elite athletes after 45 years of age a certain financial security together with the right to have the mandatory contributions (for health and pension insurance) being paid for the 1st category of the elite athletes in Croatia are examples of good practice in favour of athletes. Challenges • Lack of structural integration: Elite athletes are not recognised as a legal category within the Croatian welfare system, and there is no systematic integration of their status into public benefit frameworks. • The element of maternity/paternity/parental care should receive more attention since here we see the highest level of athletes unprotection including risks for family protection and mum and baby safeguard. • Career transition and long-term security: While short-term transition funding exists, for example for Olympic candidates through the Olympic circle, the Croatian system does not provide structured social security scheme or long-term planning support for most elite athletes outside team sport or the police for now. This creates vulnerability, especially during deselection, retirement, or life transitions. 39 Takeaways • The Croatian system offers relatively strong universal services, but limited athlete- specific entitlements outside professional club employment settings. • Grant-funded athletes, despite being publicly supported and subject to structured obligations, remain outside the scope of employment law and do not benefit from the protections afforded to comparable categories of workers. • Although world-wide famous for the sporting results of its athletes, Croatia has a lot of space for further and stronger support of elite athletes in the sphere of employment and social security protection. 40 4.2. Germany (authored by Jürgen Mittag, Lorenz Fiege, Maximilian Seltmann, Leopold Hofmann) 4.2.1. General Information on the National Welfare System The origins of the modern German welfare state date back to the 1880s with the introduction of nationwide social insurance schemes (Blank, 2019). Germany is, therefore, widely seen as a pioneer in modern social policy (Schmidt, 2005) and as “the reference case for the continental, conservative, or Bismarckian family of welfare states” (Blank, 2019, p. 110). This model is marked by employment-based social insurance, status-preserving benefits, and a strong link between welfare and work. Despite numerous reforms in recent decades (cf. Hajighashemi, 2019), core features of the Bismarckian system remain intact. Germany also ranks among the most developed welfare states, especially in terms of public social expenditure (Schmidt, 2014). Access to benefits is typically tied to either residency status or contributions from employment or equivalent life situations. The fundamental social laws are established in the German Social Code. Of note are the specific regimes for civil servants, soldiers, judges and other groups of public officials. These occupational groups are exempt from compulsory insurance and specific laws determine their social protection.16 This work- welfare link shapes both the design and funding of benefits and has political and economic implications (Blank, 2019). With its emphasis on wage replacement and status maintenance, Germany’s system is seen as strong on financial transfers but weak in direct service provision (Kaufmann, 2016). Social services are mainly delivered by charities, private firms, and municipal bodies. However, market mechanisms and other reforms over the past two decades have reshaped this landscape (Hajighasemi, 2019). While the state plays a more regulatory than active role in service provision, social insurance remains central to accessing or delivering services such as health care, long-term care, employment support, and rehabilitation (Blank, 2019). Elite Sport Policy There is no sport-specific legislation in Germany at the level of the national government, neither of general quality (cf. Burk et al., 2024) nor with specific effect on the social protection or employment relations of elite athletes (cf. Mittag et al., 2022a). Most German elite athletes outside of the professional team sports football, handball, basketball, ice hockey and volleyball will not be in an employment relationship with a professional club. To offer support for elite athletes during and after their active careers, a dual system, relying on public employment/civil service and publicly subsidised support through private charity foundations evolved. Elite 16 See for example, Civil Service Pensions Act (Beamtenversorgungsgesetz); Military Pensions Act (Soldatenversorgungsgesetz); Civil Service Status Act (Beamtenstatusgesetz); Federal Civil Service Act (Bundesbeamtengesetz), Federal Remuneration Act (Bundesbesoldungsgesetz). 41 athletes in Germany can become members of so-called “sport support groups” with the German military, the federal police and the federal customs unit (Mittag, Seltmann & Fiege, 2022). The related socio-legal status significantly affect access to social protection as will be shown in the sections below. Athletes who are not enrolled in such public programmes may fall within the legal category of self-employed persons (depending on the level of taxable income they achieve) or their legal status derives from activities performed outside of their sporting careers (e.g., as a student, employed person, or unemployed). Athletes who are members of a national elite cadre17, are eligible for the support of the Deutsche Sporthilfe (German Sport Aid Foundation). This entails financial support in the form of a tax-free grant as well as immaterial support such as mentoring programmes and career coachings (Gutekunst, 2020). Several foundations at the regional and local levels exist that may also offer financial and immaterial support to elite athletes. 4.2.2. Statutory State Protection German elite athletes benefit from a dual-layered system of social protection. On one hand, they are generally covered by the statutory social security provisions that apply to all residents, such as health insurance, pensions, and unemployment support—depending on their employment or legal status (e.g., soldier, student, self-employed). The relevant socio-legal statuses include that as resident, employed persons (e.g., by a club, which will only rarely be the case in Olympic sports), “minijob” workers18, voluntary conscript19, temporary soldiers, civil servants (with the police or customs unit), students, or self-employed person. On the other hand, elite athletes may receive athlete-specific protections that are tailored to the unique risks and career paths of high-performance sport. These include specialized insurance packages, financial subsidies, and reintegration programmes provided through institutions like the Deutsche Sporthilfe, Olympic team participation, or national sports federations. This layered approach reflects an effort to complement the general welfare system with targeted safeguards for the specific vulnerabilities of elite athletic careers. The following ten provisions are all part of the statutory protection scheme. Child & Family Benefits Athletes with residency status in Germany may receive child benefit, a universal monthly payment of €255 per child until the age of 18. This period may be extended up to the age of 25 if the child is enrolled in education or vocational training. The benefit is granted under the 17 For details on the German cadre system, see DOSB, 2018. 18 “Minijobs” are “marginal employment positions with a maximum monthly wage of €556 or a maximum of 70 working days per calendar year.” (Bundesagentur für Arbeit, 2025, authors’ own translation). Specific regulations apply in relation to social security contributions. 19 Athletes enrolled in a “sport support group” of the German armed forces begin in this legal category. After completing their basic military training, they will transition to the legal status of temporary soldier. 42 Federal Child Benefit Act. Parents with lower incomes may also receive a supplementary child allowance of up to €292 per month and child, depending on overall household income. This support may also continue until the child reaches 18, or up to 25 in cases of continued education or training. This allowance is available to employees and self-employed parents who meet the statutory criteria. Athletes may be eligible for parental allowance, which is regulated under the Federal Parental Allowance and Parental Leave Act. The basic allowance amounts to €300 per month for a period of up to 14 months, or €150 per month under the Parental Allowance Plus scheme for up to 28 months. For individuals in regular employment, mini jobs, civil service, or military service, the parental allowance is generally calculated as 65 to 67% of net income, with a duration of up to 14 or 28 months, depending on the chosen scheme. This applies to those in temporary or permanent military service under the Federal Salary Act and the Parental Leave Regulation for Soldiers, as well as to civil servants under the relevant section of the Federal Salary Act. Self-employed athletes may also receive parental allowance within the same duration, with monthly amounts ranging between €300 and €1,800, depending on income. For monthly incomes above €1,240, the allowance is capped at 65% of earnings, with a maximum of €1,800 per month. Following the birth of a child, athletes in employment or mini jobs are legally entitled to unpaid parental leave for up to three years, while those in temporary or professional military service may take two years of parental leave. This right is granted under the Federal Parental Allowance and Parental Leave Act and related civil service and military regulations. Athletes in military service (both voluntary conscripts and temporary soldiers) may receive a family allowance, calculated according to rank, for each child eligible for child benefit. This allowance generally applies until the child turns 18 and may be extended to 25 in cases of education or vocational training. Civil servants may receive a child-related salary supplement under the same age and status conditions. Maternity/Paternity Benefits Pregnant athletes eligible for Citizen’s Benefit (see below in section “Minimum Income”) may receive an additional pregnancy-related allowance amounting to 17% of the standard Citizen’s Benefit rate after the twelfth week of pregnancy. This supplement is granted under the Social Code Book II. Medical care during pregnancy and after childbirth includes support by midwives or birth attendants for up to 12 weeks after delivery, and coverage of prescribed medications. These services are regulated under the Social Code Book V and the Maternity Protection Act. Athletes serving as voluntary conscripts or temporary soldiers, or employed as civil servants, are entitled to continued salary payments during legally mandated employment prohibitions related to maternity and pregnancy-related absences. This applies under the Maternity Protection Ordinance for Soldiers and relevant parental leave regulations. Maternity allowance 43 for these groups includes a daily payment of €13 during parental leave periods when no part- time employment is undertaken. For athletes employed or working mini jobs, maternity pay consists of €13 per calendar day for up to 14 weeks within the maternity protection period. Additionally, employers provide wage supplements as required by the Maternity Protection Act. Pregnant athletes employed in the military, civil service, or as employees enjoy protection against dismissal during pregnancy and for four months after childbirth, as regulated by respective maternity protection laws. Maternity leave entitles athletes to paid time off from work for six weeks before and eight weeks after childbirth, regardless of employment type, including mini jobs, military service, and civil service. Employed athletes may have the right to reduce working hours before childbirth by mutual agreement with their employer, as stipulated by the Maternity Protection Act. Maternity pay for employed and mini-job workers corresponds to the average earnings of the last three calendar months prior to maternity leave. Self-employed athletes may voluntarily obtain sickness benefits or maternity allowances through health insurance. Statutory health insurance pays sickness benefits for voluntary members, while privately insured individuals with supplementary insurance may receive maternity benefits. Payments amount to 70% of contributory earnings, capped at a daily maximum of €116.38, according to the Maternity Protection Act. Pregnant students are entitled to a protective period of six weeks before and eight weeks after childbirth, which may include exemptions from examinations and attendance obligations, under the Maternity Protection Act. Unemployment Support Athletes who are unemployed and capable of work may qualify for Citizen’s Benefit (Bürgergeld), Germany’s main form of basic income support for jobseekers. In 2024, the standard monthly rate for single adults was €563, with adjustments for family status. Approved for a period of 12 months, the benefit can be extended upon reassessment. In addition to the cash benefit, the scheme includes: • Full coverage of housing and heating costs; • Potential reimbursement for other housing-related expenses (e.g., maintenance, property taxes); • Additional benefits for education and social participation. This form of assistance is regulated under Social Code Book II and applies regardless of former employment or athletic status. Athletes formerly in military service may be eligible for Unemployment Benefit I, provided contribution requirements (Anwartschaftszeit) are met. For those completing voluntary military 44 service, entitlements are based on previous service grade and salary, with payments lasting between six and 24 months. Former temporary soldiers may access a transitional unemployment allowance for a maximum of 180 days, depending on prior salary and a minimum of two years of service. This is governed by the Soldiers’ Pensions Act and Social Code Book III. Civil servants are generally not covered by statutory unemployment insurance. However, they may continue receiving full salary payments during long-term illness or service- related incapacity, without time limitation. Upon premature termination of civil service status, there is typically no entitlement to unemployment benefits, although severance or transitional allowances may apply in some cases. Employed athletes may qualify for Unemployment Benefit I, which is contribution-based and typically granted for six to 24 months, depending on employment and insurance history in the years prior to unemployment. Self-employed individuals may also access Unemployment Benefit I, provided they have opted into voluntary insurance and made the required contributions. Entitlement and benefit levels are influenced by prior income, training, and qualification level. Employment Injury Benefits Athletes serving as voluntary conscripts and temporary soldiers are entitled to lifelong compensation for service-related injuries amounting to 42 percent of the assessed income loss. In cases where an injury sustained during deployment leads to a degree of disability of at least 50 percent, a one-time compensation payment of no less than €30,000 may be awarded. In addition, they may access medical treatment and vocational support to facilitate reintegration into the labour market. Temporary soldiers may receive compensation in the amount of the basic pension, with the level determined by individual circumstances. Additional allowances and reimbursement for material damage may apply. Medical care and rehabilitation are provided under statutory injury-related health provisions. Civil servants may be entitled to a lifelong accident pension in the event of incapacity caused by a work-related incident. The amount is based on previous salary levels. A one-time injury compensation may also be granted, depending on the severity of the impairment. Medical care and rehabilitation are provided under public accident assistance regulations. Employees and individuals in mini jobs are covered by statutory accident insurance for injuries occurring in the course of employment. This includes access to medical care and rehabilitation. In the event of a work-related accident, income continues to be paid for up to six weeks. From the seventh week onward, benefits may include an accident pension, depending on the degree of injury and prior income level. Additionally, an income-related benefit amounting to 80 percent of previous gross earnings may be provided for up to 78 weeks. Self-employed athletes may access employment injury protection through voluntary enrolment in statutory accident 45 insurance. This includes coverage for medical treatment and rehabilitation following occupational accidents. Students are insured under the statutory accident insurance scheme for accidents occurring in connection with their studies. Coverage includes medical care and necessary rehabilitation services. Sickness Benefits Athletes serving as voluntary conscripts or temporary soldiers receive continued payment of their allowances during periods of sickness. Medical care is provided through military physicians during active duty. For temporary soldiers, this entitlement continues for a maximum of three years following the end of service. Civil servants receive continued remuneration during sickness until an official determination of incapacity for service has been made. Employed athletes and those in mini jobs are entitled to continued wage payment by the employer for a period of up to six weeks in the event of illness. From the seventh week of absence, insured employees may receive sickness benefits provided by the statutory health insurance. These benefits amount to 70 percent of gross income and may be paid for a maximum duration of 72 weeks. Self-employed athletes may obtain coverage through voluntary membership in the statutory health insurance scheme. In this case, daily sickness benefits may be provided starting from the 43rd day of certified work incapacity. Payments correspond to 70 percent of daily earnings and may be granted for up to 78 weeks within a three-year period. Health Protection Health protection for elite athletes in Germany is governed by general statutory regulations. The type and extent of coverage depend on the athlete’s legal and employment status. All individuals are subject to mandatory health insurance, either through the statutory or private system. Contributions and services vary by status group of insured persons. Citizens, students, and employees are generally required to maintain membership in the statutory health insurance scheme. This includes comprehensive medical services such as doctor visits, vaccinations, hospital treatment, and prescription medication. Students benefit from reduced contribution rates. For employees, contributions are shared equally between employers and employees. Special tariffs exist for university students. Athletes serving as voluntary conscripts are covered by the statutory health insurance system. Contributions are paid by the federal government during the period of service. Temporary 46 soldiers are granted access to the Bundeswehr’s internal medical care system for the duration of their active service. Upon discharge, they transition to either statutory or private health insurance, depending on individual preference. Civil servants are generally entitled to partial reimbursement of healthcare costs through the official assistance scheme. This includes coverage for medical treatment and medication. Members of the federal police force receive full reimbursement of healthcare expenses and are granted access to the police medical service. Self-employed athletes are subject to mandatory health insurance and may choose between statutory and private providers. Contributions are paid in full by the insured individual. Services depend on the selected insurance scheme. Old Age Benefits & Pensions Citizens without adequate income or assets may receive a means-tested basic income in old age. This benefit is granted for renewable periods of twelve months and continues for the duration of need beyond the age of 67, as regulated by the Social Code Book VII. Voluntary conscripts are subject to mandatory coverage in the statutory pension system. Contributions are made by the federal government during the period of service. Upon reaching retirement age, they may draw a standard old-age pension. Temporary soldiers are exempt from statutory pension insurance during active service. Upon leaving military service, they are integrated into the statutory pension scheme. Entitlement and payment follow the general provisions of the Social Code Book VI and the Soldiers’ Pensions Act. Civil servants are entitled to tax-funded retirement benefits, known as civil service pensions. The pension amount depends on the number of service years, with a maximum of 71.75% of final salary levels. A minimum of five years of service is required. In addition, a supplement for child-rearing periods may be granted, increasing the total pension. Employees are covered by the statutory pension system. The benefit amount is determined by contributions made throughout their working lives. Students may receive pension credits for periods of education, although no contributions are paid during those times. Mini job holders may also accrue limited pension entitlements under the same system. Self-employed individuals may participate voluntarily in the statutory pension scheme. The level of benefits depends on the total contributions made over the course of the working life, with pension payments commencing at age 67 and continuing for life. Invalidity & Disability Benefits Invalidity and disability benefits in Germany include pensions, rehabilitation, and integration assistance, and may be granted for life. 47 Citizens unable to work due to illness or disability may receive a full invalidity allowance. This benefit is means-tested and provided for life if medical assessment confirms the inability to work more than three hours per day. Additionally, citizens may receive long-term support for occupational rehabilitation through non-cash benefits, regulated by the Social Code Book IX. Voluntary conscripts are integrated into the statutory pension system and may qualify for invalidity pensions if contribution requirements are met. The amount depends on the degree of incapacity. A one-time severance payment may be granted if the service period exceeds six months. They may also receive vocational reintegration support in the form of non-cash benefits. Temporary soldiers may be entitled to a permanent invalidity pension, the amount of which is based on military salary and prior income. The Federal Armed Forces offer additional support for education and professional training through their vocational support programme. Depending on the degree of injury, lifelong supplementary allowances may be available, including compensation pensions and severely disabled allowances. Upon leaving service, professional soldiers may receive a transitional allowance as a lump sum and transitional payments based on final salary. The duration of these payments depends on years of service, with a minimum of twelve months for those who served at least four years. Civil servants who become permanently unfit for service may qualify for lifelong retirement pay. The benefit is based on years of service and amounts to at least 66% of the final salary. A minimum service period of five years is required. Alternatively, affected individuals may be reassigned to other civil service posts, such as administrative roles, depending on the agency’s capacity. Employees and mini job holders may qualify for statutory invalidity pensions depending on contributions and assessed degree of disability. Full pensions are granted for those unable to work more than three hours daily, while partial pensions apply for working capacity between three and six hours per day. Self-employed individuals can opt into the statutory pension insurance scheme. If contributions have been paid, they may also claim invalidity pensions. Benefits depend on the level of disability and prior contributions. Coverage is voluntary and must be applied for in advance. All groups may receive vocational and medical rehabilitation support, particularly if the invalidity affects their ability to remain in or return to the workforce. These services are regulated by the Social Code Book IX. Survivors’ Benefits Survivors’ benefits in Germany provide financial security to the families of deceased individuals, depending on their previous legal status. These provisions include pensions for surviving spouses and children, death grants, and compensation in case of service-related fatalities. While general survivors' benefits for citizens are not separately specified, they may 48 qualify for basic survivors’ pensions if the deceased met the general conditions of the statutory pension system. Athletes serving as voluntary conscripts are insured under the statutory pension scheme. Upon death, their surviving spouses or children may receive a survivors’ pension, including widows’/widowers’ and orphans’ pensions. The amount and duration depend on the personal and contribution history of the deceased. Temporary soldiers are covered under the military pension scheme. In the event of death, their dependents may receive a survivors’ pension, provided the minimum waiting period (five years of service) is fulfilled. Additionally, professional soldiers’ families may receive a death grant equal to two months of final salary. If death occurs due to a service-related injury, additional basic pensions are paid: €488/month for surviving spouses, €213/month for half-orphans, and €373/month for full orphans. Civil servants’ families are entitled to a comprehensive set of survivors’ benefits. This includes: • A death grant, equal to twice the deceased’s monthly salary. • Continued payment of the final monthly salary for the month of death. • A widow’s/widower’s pension amounting to 55% of the deceased’s pension, provided the deceased served at least five years and was married for at least one year. • Orphans’ pensions: 12% (half-orphans) or 20% (full orphans) of the pension amount, paid until the child reaches the age of 18. These benefits may also extend to divorced spouses and children. Employees and individuals in mini jobs are insured under the statutory pension scheme. Survivors, such as spouses and children, may receive a pension if the deceased fulfilled the five-year minimum contribution period. The pension is dependent on income history, marital status, and the age or educational status of the children. Self-employed individuals can opt into the statutory pension insurance. If they do and meet the required contribution period, their families are eligible for survivors’ pensions. These include widow’s/widower’s and orphan’s pensions, with benefits determined by the contribution level and marital status at the time of death. Minimum Income Athletes with residency status in Germany may be eligible for social benefits depending on their ability to work. Those who are considered able to work can apply for Citizen’s Benefit (Bürgergeld) under the Social Code Book II. As of 2024, the standard monthly rate for a single person is €563, with the amount adjusted according to family situation. Benefits are granted for a period of 12 months, and repeated extensions are possible. If an athlete is not considered fit to work, they may qualify for Social Assistance under the Social Code Book XII. This includes Assistance for Living Expenses (temporary) and Basic Security (permanent). 49 Athletes serving in the military or working as civil servants receive fixed service pay, with the amount depending on rank. This applies to both voluntary conscripts and temporary soldiers, as well as civil servants. Athletes who are employed or working in mini jobs are subject to the statutory minimum wage, which in 2024 is set at €12.41 per hour, according to the Minimum Wage Act. This applies for the duration of their employment. Athletes undergoing vocational training are entitled to a minimum training allowance as regulated by the Vocational Training Act. In 2024, the minimum monthly amount is €649 in the first year of training, with amounts increasing in subsequent years. Athletes enrolled in formal education may receive student financial aid (BAföG). The maximum support available is €812 per month. Eligibility is based on the income of the athlete and, if applicable, their parents. BAföG may be granted for up to nine semesters, in accordance with the Federal Training Assistance Act. 4.2.3. Athlete-specific Measures for Elite Athletes In addition to general social protection, Germany offers a range of targeted support and insurance measures tailored to elite athletes. These measures depend on the athlete’s role and status within the national sports system – for instance, whether they receive funding from Deutsche Sporthilfe (DSH), participate in the Olympic Games, or are a member of a sports club. Athletes supported by Deutsche Sporthilfe are covered by a dedicated Allianz insurance package. For those receiving “Basic Funding”, the coverage includes accident insurance during sports activities – including commuting – as well as liability, legal protection, international health, and vehicle insurance. Athletes in the Top Team or Top Team Future enjoy extended protection, including 24/7 accident coverage, even outside of sports contexts. They may also receive a monthly €250 subsidy for a private retirement plan (Rürup pension), provided they do not hold a position in a state-sponsored sports support group. In exceptional cases, such as injury-related hardship, additional individual financial support may be granted under the #comebackstronger scheme, subject to application by the respective sports federation. Athletes who are members of a sports club in Germany benefit from insurance packages provided by the respective State Sports Confederations. These typically include accident and liability coverage during training sessions and competitions. Athletes who have competed for Team Germany at the Olympic Games or are already qualified benefit from a special Olympic insurance package. This includes international health insurance, liability and legal protection, travel baggage insurance, and additional benefits in the event of disability, death, or rescue operations. 50 4.2.4. Conclusion and Takeaways The social protection landscape for elite athletes in Germany combines general statutory welfare provisions with targeted, athlete-specific measures. On the positive side, elite athletes benefit from integration into the statutory social security system based on their employment or legal status, providing access to healthcare, pensions, and disability coverage. In addition, tailored supports – such as insurance packages provided by Deutsche Sporthilfe or Olympic- specific protections – address risks unique to high-performance sport. Subsidies like the Rürup pension contribution also demonstrate good practice in promoting long-term financial security. However, significant challenges remain. Many of the more comprehensive benefits, such as salary continuation, pension rights, or transitional allowances, are reserved for athletes serving in military or civil service roles, creating notable disparities for those in other employment or support categories. Financial protection often depends on variables such as salary, position, and duration of employment, disadvantaging younger athletes or those with lower or irregular incomes. Moreover, responsibilities for social protection are fragmented across different institutions, and complex application procedures can hinder access. Additionally, transitions out of sport and into post-athletic careers pose ongoing risks, especially for those without military or civil service support structures. Strengthening pathways for career transition and ensuring broader coverage for self-employed or precariously employed athletes remain key areas for improvement. Addressing these structural imbalances will be essential to ensure that all elite athletes, regardless of status, receive adequate and equitable protection throughout and beyond their sporting careers. Good Practices Despite these structural limitations, there are examples of good practice that respond to the unique needs of elite athletes. • Germany’s Sport Support Groups offer comprehensive social protection coverage for athletes enrolled. • The Deutsche Sporthilfe is a private body substantially invested in strengthening the social situation of German elite athletes through comprehensive private insurances. • As members of sport clubs, elite athletes have additional insurance coverage whenever they are active in the club context. Key Challenges • Athletes lack recognition as workers in their own right. While the comprehensive Sport Support Groups grant a status as employee or civil servant, they also are a “detour” to the actual relationship of the service provision athletes are involved in. 51 • Entitlements and social positions are directly connected to cadre status which is only granted for short periods of time and highly contingent on sporting performance. • Athletes unwilling to join public programmes face significant gaps in most provisions. • Ad hoc decisions in cases of long-term injury or maternity/paternity may cause uncertainties. 52 4.3. Poland (authored by Pawel Zembura) 4.3.1. General information on the national welfare system Institutional Frameworks The Polish sport system is characterized as bureaucratic, with a strong regulatory role played by the state (VOCASPORT, 2004). The Ministry of Sport and Tourism (MSiT) plays a central role in regulating the sector, and the Act on Sport (2010) provides the legal foundation for operations within the sport system (Henry, 2009). The Institute of Sport – National Research Institute –supports sport development through evidence and coordination of ministerial programs. Local governments (voivodeship, powiat, gmina) are also active stakeholders, mainly responsible for infrastructure and grassroots development. Funding and decision-making at this level are often reactive rather than strategic. Sports federations are vital actors in elite sport development, implementing governance reforms as mandated by the Act on Sport (2010). Meanwhile, sports clubs may function as associations, school-affiliated entities, or professional commercial teams in certain disciplines. Associations like the Academic Sports Association or Rural Sports Teams, representing clubs operating in a particular context complement the ecosystem. General Information on the National Welfare System Poland operates a mixed welfare system with benefits tied to employment, citizenship, and residence. The social security system is composed of several pillars, such as social insurance and welfare system, unemployment benefits, health insurance system and family benefits (Siemienska & Domaradzka, 2019). The implementation of social policy is primarily the responsibility of central public institutions. The Social Insurance Institution (ZUS) plays a key role by administering pensions, disability insurance, and sickness benefits—collectively referred to as cash social insurance benefits. Healthcare services, including those funded through health insurance, are delivered via the National Health Fund (NFZ), which ensures access to medical care for individuals covered by mandatory or voluntary insurance. Other significant actors within the system include the Agricultural Social Insurance Fund (KRUS), which provides social insurance specifically for farmers, and the Ministry of Family and Social Policy, which oversees unemployment benefits, family allowances, and social assistance programs. Open Pension Funds collect and invest funds to the “second pillar” of the pension system. Occupational Pension Programmes form part of the "third pillar" of the pension system, aimed at accumulating and investing funds to ensure supplementary income after retirement (Siemienska & Domaradzka, 2019). The social welfare policy in Poland addresses several persistent issues. One of the most prominent is the negative demographic trend, particularly the low fertility rate (Siemienska & 53 Domaradzka, 2019). In response, successive governments have introduced various pronatalist policies, primarily in the form of direct cash benefits—most notably the "Family 500+" programme (introduced in 2016 by the Law and Justice government), which was expanded to 800+ in 2024. Another recently introduced scheme, "Active Parent" (2024), supports parents of children aged 12 to 36 months in balancing parenthood and employment. Mandatory paid maternity leave (20 weeks) and voluntary parental leave (32 weeks) are also available, along with income tax relief per child. However, these policies have not been sufficient to reverse the demographic decline. Employment is another critical concern in the national welfare system. The issue of expected lower percent of economically active Poles (58.5% economic activity rate of people aged 15- 89 in 2025 according to GUS (2025a) ) is exacerbated by the low retirement age compared to the EU counterparts (Siemienska & Domaradzka, 2019). Former government lowered retirement age to 60 years in case of women and 65 for men. With the low number of Poles aged 65-69 on the labour market and early retirements (just 12% of the group in the labour force in 2025) (GUS, 2025b), this further creates a pressure on the pension systems as pensions are expected to be proportionally lower in reference to average salary in the forecasts (Sawulski, Magda & Lewandowski, 2019). Although Polish labour law encourages indefinite employment contracts (by reducing the appeal of civil law contracts) a significant proportion of workforce (14.5% in 2025a) including many whose work arrangements meet the legal definition of employment under the Labour Code (GUS, 2025a). General Social Laws The key legal acts governing social protection in Poland include: • Act on the Social Insurance System (1998) • Labour Code (1974) • Act on Public Healthcare Services (2004) • Act on Family Benefits (2003) • Act on the Promotion of Employment and Labour Market Institutions (2004) • Homeland Defence Act (2022) for military person These laws define eligibility and scope of pensions, health services, sickness, maternity, disability, unemployment and family benefits. 54 National Traditions and Peculiarities There is no strong tradition of collective bargaining or athlete unions in Polish sport. There are only four athletes’ unions in Poland (e.g., the football players’ union and a recently formed basketball players’ union), and only the football union is active on a regular basis. Athletes are largely treated as individual performers supported through scholarship systems. Those scholarship systems are established on a national (ministerial scholarships) and local (gmina (commune), powiat (county), voivodeship) levels. This tradition leads to fragmented social protection depending on the athlete’s institutional affiliation (e.g., military, academic club, federation support). Sport and Athlete-specific Legislation The Act on Sport (2010) is the primary legislation that regulates the functioning of the sport sector in Poland. It defines the eligibility for state-funded sports scholarships, the role of federations, and national team conditions. Elite athletes are generally not legally recognized as employees unless they serve in military sports units or sign standard employment contracts with professional clubs (mostly in team sports). Thus, access to employment-based benefits (such as paid maternity leave) depends on the athlete’s other affiliations (e.g. being a student, a soldier, or having other employment), since the sports stipend alone does not confer employee status. In Poland, the system of sport scholarships is primarily performance-based, with awards typically granted on the basis of recent international sporting achievements. The amount of financial stipend an athlete receives is directly tied to their performance, following clearly defined criteria—each specific level of success corresponds to a predetermined monetary value. Scholarships are awarded for a one- or two-years period, depending on a sporting achievement. Failure to comply with the training requirements may result in suspension of the scholarship. The system is inclusive: the same types of scholarships are available to both able-bodied athletes and athletes with disabilities, assessed within their respective competitive categories. Since 2020, an additional type of scholarship has been available for national team members who, despite their status, have not achieved the expected results. These scholarships are awarded at the discretion of the Minister of Sport. Separate scholarship programs also exist for younger athletes, aiming to support their development at an earlier stage of their careers (also introduced in 2020). As of 2025, the monthly value of ministerial sport scholarships ranges from PLN 1,726 to PLN 15,222 gross. For context, the national minimum wage in Poland in 2025 is PLN 4,666 (approximately EUR 1,100). To ensure regular adjustments, the remuneration of ministerial 55 scholarships has been linked to the national minimum wage since 2025, providing for annual indexation. According to 2022 data, approximately 1,200 athletes in Poland were beneficiaries of these scholarships. A sports federation plays a significant role in matters related to scholarships – it submits applications for awarding them to athletes, may request their suspension or withdrawal, and in some cases is responsible for disbursing the funds. The MSiT also finances awards for sporting achievements. Local government units may establish and finance periodic sports scholarships as well as awards and distinctions for individuals for their sporting achievements. Based on the Act on Sport (2010), a local authority adopts a resolution defining detailed rules, procedures for granting and withdrawing scholarships, and the types and amounts of sports scholarships, awards and distinctions, taking into account the importance of a given sport for that particular local government unit and the sporting achievements in question. It is up to the local government unit to decide which athletes may apply for scholarships and what the specific rules are (who is eligible and what they receive). Athletes receiving sports scholarships are considered scholarship holders under the provisions of the Act of 13 October 1998 on the social insurance system. The period during which they receive the scholarship is counted as an employment period under the provisions of the Act of 20 April 2004 on the promotion of employment and labour market institutions and contributes to employment-based entitlements. For that reason, scholarship holders pay health insurance contributions, provided they do not have another basis for insurance. Similarly, they are also subject to mandatory social insurance (retirement, disability, and accident insurance) unless they are insured under another basis, but not sickness insurance (which in Poland is a part of social insurance) – neither compulsory nor voluntary. 4.3.2. Statutory State Protection The legal entitlements available to elite athletes in Poland vary depending on their professional and legal status. Citizens and residents who are properly registered and insured are entitled to public welfare benefits and access to the healthcare system. Athletes employed under formal labour contracts (which is rare in elite sport) are protected under the Labour Code (1974) and benefit from full employee rights, including sick leave and social insurance. Military athletes receive comprehensive protection under the military system, covering pensions, healthcare, and parental benefits. Scholarship holders, meanwhile, contribute to health, accident, and pension insurance but are not covered (neither on a mandatory nor a voluntary basis) by sickness insurance—this limits their access to benefits such as maternity or sick pay. 56 In practice, the social protection status of an athlete often overlaps depending on their roles – for instance, someone may simultaneously be a student, a soldier, a scholarship holder, or self-employed – resulting in complex entitlements. Child & Family Benefits Poland offers a broad range of family-oriented benefits that support parents in raising children, including elite athletes and their families, regardless of employment status. One of the key instruments is the “800+” benefit, a universal monthly allowance of PLN 800 granted for every child under the age of 18, with no income criteria. This policy, formerly known as “500+” (PLN 500 that since 2024 has been increased to PLN 800), reflects a significant investment in child welfare. In addition to this universal benefit, more targeted forms of support are also available. The “Active Parent” Act, introduced in 2024, provides monthly payments ranging from PLN 500 to PLN 1,900 for children aged 12 to 35 months. The specific amount depends on the employment status of the parents. Parents who do not qualify for maternity pay may instead access a parental benefit of PLN 1,000 per month (called świadczenie rodzicielskie) for 52 weeks. There is also a means-tested family allowance, ranging from PLN 95 to PLN 135 per month per child, depending on the child’s age. Together, these policies form a comprehensive system of support for families, ensuring that elite athletes, whether employed or not, can benefit from state assistance in raising children. Maternity/Paternity Benefits Athletes who are employed as professional soldiers benefit from full maternity and paternity rights as regulated by the Polish Labour Code (1974). These entitlements include 23 weeks of maternity leave (14 weeks obligatory for the mother and 9 weeks transferable), 2 weeks of paternity leave, and up to 41 weeks of parental leave (which can be taken by either parent, with certain portions reserved exclusively for each parent). For women athletes who are members of the national team and receive state sport scholarships, specific support is in place during maternity. Those national team women athletes receive full scholarships for the duration of the pregnancy and 50% for six months after childbirth. 57 Unemployment Support In Poland the period of receiving a sports scholarship can count toward the employment period required for unemployment benefits in theory, but only if the athlete was paying the required contributions (e.g., into the Labor Fund) – which is rarely the case in practice. In practice, scholarship holders do not have the employee status needed to receive unemployment benefits or any severance pay when a scholarship ends. Furthermore, the discontinuation of a scholarship – whether due to lack of athletic performance or injury – is not treated as an official dismissal. As a result, athletes in this situation face additional barriers when trying to access unemployment support. In contrast, athletes serving as professional soldiers (CWZS) are provided with more robust unemployment protection. Upon discharge, they receive severance pay based on their length of service and final salary, provided they meet the service length criteria. For up to a year following their departure from service, they can receive monthly payments equivalent to their previous base salary. Additionally, they are entitled to benefits such as holiday compensation, relocation cost reimbursement, and annual bonuses. Together, these provisions offer a much greater degree of financial stability and institutional support during their transition out of sport. Self-employed athletes, on the other hand, must voluntarily pay unemployment insurance contributions if they wish to qualify for future benefits – something that is rarely done in practice. Students and school-age athletes are not covered by unemployment insurance at all. Once their studies or sports careers conclude, access to public support mechanisms is only possible if they formally register with a labour office, and benefits may then be subject to income verification. Employment Injury Benefits Sport scholarship holders are subject to mandatory accident insurance under the national social insurance system, as long as they are not simultaneously insured under another title (e.g., as students, employees, or retirees). This form of insurance provides financial compensation and coverage in the event of a work-related injury or occupational disease. Entitlements include compensation for temporary or permanent health impairment, coverage of medical and rehabilitation expenses, and – in cases of long-term incapacity – a right to accident-related disability pensions. Accident-related sickness benefits also apply when the inability to work is a direct result of a work accident or occupational illness. These benefits are paid at 100% of the base salary during the entire period of medically certified incapacity. Importantly, scholarship holders are not covered by the general sickness insurance scheme, which excludes them from sickness benefits unless the incapacity is related to an accident. 58 Professional soldiers, including those serving in military sports units, benefit from a separate and more comprehensive system of protection under the Homeland Defence Act (2022). In the case of a service-related accident or illness resulting in permanent or long-term health damage, soldiers are entitled to a one-time compensation payment. In addition, they are guaranteed access to a full range of free medical and rehabilitation services. This protection applies not only during active service but may also extend into the post-service period, ensuring continuity of support for injuries or conditions that develop over time due to service-related duties. Sickness Benefits Athletes who are receiving sports scholarships are excluded from sickness insurance, as it is neither mandatory nor available on a voluntary basis for this group. Thus, they are not eligible for standard sickness benefits unless their incapacity for work is directly related to a registered accident or occupational disease, in which case accident-related sickness benefits apply (as described under Employment Injury). When eligible, accident-related sickness benefits are granted for up to 182 days (or 270 days in the case of pregnancy) at a rate of 100% of the benefit calculation base. If the athlete remains unable to work but recovery is likely, a rehabilitation benefit may be granted for an additional 12 months, also at 100%. A certified period of incapacity and proper documentation from the attending physician is required in each case. Former soldiers discharged from active duty may receive sickness benefits if they become unable to work under any of the following conditions: • Incapacity occurs continuously for at least 30 days following discharge, • Incapacity begins within 14 days of discharge, • Incapacity arises within 3 months of discharge and is caused by an infectious disease with a long incubation period or another condition with delayed symptoms. This system ensures that former military athletes retain access to income support during illness, particularly when the medical condition is linked to their former service, offering a level of protection that is not available to scholarship holders. Health Protection Athletes on state sports scholarships must be covered by health insurance, which in practice means paying contributions to the National Health Fund (NFZ) if they have no other title for health insurance. For example, a scholarship holder who is not already insured as an employee, student, etc., is mandatorily covered. This coverage grants him access to the public 59 healthcare system, including services such as general and specialist consultations, diagnostic procedures, hospital care, medical treatments, and rehabilitation. It also includes preventive services like vaccinations and limited dental care, as well as access to orthopedic equipment prescribed by specialists. Military athletes (CWZS) benefit from a comprehensive health protection package similar to that available to other members of the armed forces. They receive full medical care, hospitalization, basic dental services, medication reimbursements, preventive health services, orthopedic equipment, and injury rehabilitation—particularly crucial in the case of sports- related injuries or long-term health complications. For other athletes, including the self-employed, students, or school pupils, access to public healthcare is conditional on either actively paying health insurance contributions or being insured through their educational institutions. A clear limitation of the current system is the lack of sickness insurance coverage for scholarship-holding athletes. This means that they are not protected in the event of temporary incapacity to work due to illness—a gap that also prevents them from qualifying for benefits such as maternity pay unless covered under another insurance title. Other athletes who were never covered by regular disability insurance (through formal work) can only rely on a social pension if a disability arose before age 18 (or 25, if while a student). Old-age Benefits & Pensions Poland’s public pension system provides old-age pensions starting at the age of 60 for women and 65 for men, with the requirement of with at least 20 and 25 years of insurance contributions required to receive the minimum pension guarantee for women and men, respectively. In 2024, the minimum monthly pension was PLN 1,780.96 for those not entitled to a higher benefit from other sources. Athletes holding MSiT scholarships have their scholarship period counted toward their contributory pension time. Military athletes, such as those serving in the Central Military Sports Team, qualify for an alternative military pension scheme. Under this system, a soldier is eligible to receive 60% of their base salary after 25 years of service, with an additional 3% added for every additional year of service up to a maximum of 75% of base pay. Athletes who are not formally employed—such as the self-employed—must independently ensure their pension contributions in order to qualify for retirement benefits in the future. 60 Invalidity & Disability Benefits Elite athletes in Poland who receive scholarships from the MSiT have their scholarship period recognized as contributory time for both pension and disability purposes. This means that, depending on their income history and the length of contribution, they may qualify for a disability pension—either partial or full. Military athletes enjoy a more robust form of protection. If a disability arises from service- related injuries or illnesses, they may be eligible for a military disability pension. This entitlement can also apply for up to three years after discharge, provided that the condition is clearly linked to their former military duties. For other athletes who are not employed under formal contracts, access to disability protection is significantly more limited. They may only qualify for a social pension if their disability began before the age of 18, or before 25 if they were enrolled in full-time education. Survivors’ Benefits In the case of military athletes, if a death is service-related, surviving family members— including a spouse, children, or parents—are entitled to a military survivor’s pension. The amount ranges from 50% to 100% of the deceased’s base salary. Additionally, the person covering the funeral costs receives a one-time funeral grant of PLN 4,000. For athletes insured under the general system (ZUS – the Social Insurance Institution), family members may be entitled to a survivor’s pension if the deceased met the criteria for an old- age or disability pension. The benefit amount varies depending on the number of eligible survivors: 85% of the original benefit for one person, 90% for two, and 95% for three or more. A funeral allowance of PLN 4,000 is also granted. Minimum Income There is no dedicated minimum income mechanism tailored specifically to elite athletes in Poland. Minimum income does not apply to scholarships. The lowest tier of the ministerial sport scholarship—set at PLN 1,726 per month in 2025—is well below the national minimum wage, which in the same year stands at PLN 4,666. This discrepancy illustrates the economic vulnerability of athletes who do not achieve top-tier results or are not affiliated with well-funded institutions. 61 4.3.3. Athlete-specific Measures for Elite Athletes There are several protection mechanisms in Poland designed specifically for elite athletes. Female national team athletes are entitled to receive their full scholarship throughout pregnancy and 50% of it for six months following childbirth. Legislative amendments passed in 2024 (pending constitutional review as of 2025) aim to extend this postpartum scholarship to 12 months at 81.5% of the original amount, and to require similar protection for athletes on local government scholarships. All national team members and athletes in federation-sanctioned competitions must be covered by accident insurance (NNW) for sports injuries, as required by Article 38 of the Act on Sport (2010). Responsibility for this insurance lies with the affiliated sports clubs, or – if the athlete is part of the national team – with the relevant Polish sports federation. One of the most significant forms of long-term protection is the Olympic Benefit, often referred to informally as the Olympic pension. According to the Act on Sport (2010), athletes who have represented Poland and won at least one medal at the Olympic Games – or an equivalent event for athletes with disabilities – are entitled to this monthly benefit. It is granted to those over the age of 40 who have retired from competitive sport and meet certain additional criteria. As of 2025, the Olympic Benefit amounts to approximately PLN 5,000 gross per month and is calculated based on the reference amount used for civil service salaries. Beyond the Ministry of Sport and Tourism, military and local authorities several institutional actors play a complementary role in supporting elite athletes in Poland. Firstly, a few national sports federations, such as the Polish Athletic Association (PZLA) and the Polish Yachting Association (PZŻ), offer additional assistance through hardship funds and partnerships with private medical providers. These programs aim to respond to health-related emergencies and short-term crises that fall outside public protection. The Polish Olympic Committee (PKOL) also contributes to athlete support by offering financial rewards for Olympic medalists and organizing preparatory initiatives for major international events. PKOL also offers Some state-owned enterprises act as significant sponsors, providing financial support, and professional infrastructure to selected athletes. There are also NGOs that provide own scholarships for (particularly) emerging athletes, in order to While few sports clubs formally employ athletes, some provide scholarships or promotional contracts to support their engagement in sport. In Olympic sports, academic clubs play a crucial role by offering scholarships and training opportunities to top athletes. These clubs usually cooperate with universities, which can offer athletes student status, sports scholarships, social stipends, and housing. Although these measures offer valuable support, they are supplementary and do not replace the need for systematic, statutory protection. 62 4.3.4. Conclusion and Takeaways The system of social protection for Olympic and elite athletes in Poland remains fragmented and heavily based on the recent performance. The core form of support—ministerial scholarships—provides crucial financial assistance but lacks the employment status and associated rights such as paid sick leave or long-term job security. Coverage and entitlements vary significantly depending on the athlete's institutional affiliation, with military athletes benefiting from the most comprehensive and structured support. While recent policy reforms have improved access to benefits (broader scope of athletes are receiving ministerial scholarships) and strengthened certain provision (maternity coverage for female national team members) critical gaps persist, including the absence of sickness insurance coverage for athletes on scholarships and the short-term nature of most scholarship agreements. Although initiatives promoting dual careers and academic development (e.g., Academic Centres for Sports Excellence – ACSS) are growing, they remain insufficiently integrated with broader social protection frameworks. Good Practice Strengths • The military structure offers a model of successful integration between elite sport and comprehensive social protection, where athletes enjoy same social protection as other professional soldiers. Athletes who become soldiers have opportunities to develop and extend their career in military beyond sporting episode. • The pool of athletes receiving ministerial scholarships (and associated social insurance coverage) was expanded in 2021 to include junior athletes who achieved results in international youth competitions • The introduction of ministerial scholarships indexed to the minimum wage since 2024 has improved the financial stability of top-performing athletes. • It is up to a sport club or Polish sport association to ensure that a competing athlete has an accident insurance. • Athletes with disabilities receive equal treatment under the core scholarship system. • Athletes who have represented Poland and won at least one medal at the Olympic Games—or an equivalent event for athletes with disabilities—after finishing their career are entitled to the monthly benefit described as the ‘Olympic pension’. • Support for student-athletes is growing, particularly through Academic Centres for Sports Excellence (ACSS), which promote education alongside sports careers. 63 • Some local governments are implementing innovative promotional programs and incentives tailored to local elite athletes. Local authority scholarship offers same access to social benefits as ministerial scholarships. Weaknesses • The majority of elite athletes do not enjoy formal employment status, which limits their access to employment-based protections. • Scholarships are short-term and tied directly to athletic performance, making income (and social protection) continuity unpredictable. • The lack of sickness insurance for scholarship holders leaves a critical gap in coverage, particularly for injuries and maternity protection. • Navigating the social protection landscape is often complicated by the existence of numerous, fragmented support channels with differing eligibility criteria. • Post-career transition support is minimal, with limited planning or assistance available for athletes retiring from competitive sport. 64 4.4. Portugal (authored by Luiz Haas) 4.4.1. General information on the national welfare system Portugal’s welfare system is the product of a relatively late but intense process of institutional development, shaped decisively by the democratic transition following the April 25, 1974 Revolution. This political rupture catalyzed the construction of a modern welfare state, which was formally enshrined in the 1976 Constitution of the Portuguese Republic. Article 63 of the Constitution affirms the right to social security for all citizens, embedding the principles of universality, solidarity, and equity into the national social protection framework (Pereirinha & Murteira, 2019). This social protection framework is characterised by its universality and public nature, rooted in the principles of solidarity. The overarching aims of this framework include income redistribution, poverty alleviation, and the promotion of social cohesion. The Portuguese welfare system is characterized by a broad and evolving range of protective functions across the life cycle, grounded in the principle of intergenerational solidarity. This principle supports a comprehensive set of programs including pensions (for old age, disability, and survivors), unemployment benefits, sickness and parental leave, family allowances, housing assistance, and universal access to health care through the National Health Service. Additionally, the Rendimento Social de Inserção (Social Integration Income) targets individuals at risk of social exclusion, providing not only financial aid but also integration support through social and employment activation policies (Pereirinha & Murteira, 2019). The administration of social protection is centralised under the purview of the Ministry of Labour, Solidarity and Social Security. Key institutions, such as Segurança Social and Instituto da Segurança Social, I.P., play pivotal roles in the governance and implementation of this social protection framework. This centralization reflects a strong public and state-led tradition in service delivery, though it has also been criticized for contributing to bureaucratic inertia and limited local responsiveness (Pereirinha & Murteira, 2019). The structure of the Portuguese social protection system is organised around three principal components: 1. Contributory System: This compulsory scheme applies to employees and self- employed individuals who make regular contributions. It guarantees pensions, unemployment support, sickness benefits, parental leave, and protections against workplace accidents and occupational diseases. 2. Non-Contributory Scheme: Designed for citizens unable to contribute, such as the elderly lacking pensions, the long-term unemployed, and individuals living in poverty, this scheme provides essential benefits, including child and family benefits, a social old-age pension and social integration income. 3. Special Schemes: Tailored to accommodate specific professional categories, these schemes include provisions for high-performance athletes, if they are formally registered within the system. 65 Despite structural similarities with other Southern European countries, Portugal’s welfare state displays notable specificities. While the system was historically underdeveloped and marked by fragmented access—particularly prior to the 1980s—successive reforms have gradually expanded both coverage and institutional capacity. Nonetheless, the Portuguese welfare system remains under continuous stress due to demographic aging, persistent labour market dualization, and pressures of fiscal consolidation. It continues to rely heavily on social contributions from workers and employers, complemented by significant public funding for non- contributory benefits. These features underscore the dual nature of the Portuguese welfare regime: simultaneously universalistic in intent and constrained by structural and financial limitations (Pereirinha & Murteira, 2019). General Social Laws Two key pieces of legislation primarily govern the structure of the social security organisation: the Social Security Law of Social Security (Law 4/2007) and the Code of Contributory Regimes of the Social Security Welfare System (Law 110/2009). These laws define the rights and responsibilities of individuals concerning access to social benefits, along with the mechanisms for funding and managing these benefits. The Basic Law of Social Security (Law no. 4/2007, enacted on January 16) is the foundational framework for Portugal’s social security system. Often referred to as the ‘constitution’ of this sector, it establishes essential principles that guide the organisation, functionality, and social protection objectives. Key principles outlined in this law include universality, equity and solidarity, subsidiarity, and unity. Conversely, the Code of Contributory Regimes of the Social Security Welfare System (Law 110/2009, enacted on September 16) offers more technical and detailed regulations of the contributory system. This code delineates contributions-related obligations, specifies contribution rates, establishes the contribution base, and addresses acquired rights. It also outlines procedures for registration and remuneration declaration, as well as penalties for non- compliance. National Traditions and Peculiarities Portugal’s social security system is deeply embedded in the country’s post-revolutionary political and social transformation, particularly following the Carnation Revolution of 1974. This event marked a decisive rupture with the authoritarian regime and catalysed the institutionalization of social rights. The 1976 Constitution of the Portuguese Republic enshrined social security as a fundamental right under Article 63, establishing the normative foundations for a system grounded in the principles of solidarity, universality, and equity. In practice, this laid the groundwork for a model in which the State plays a prominent role in the financing and 66 provision of social protection, reflecting a strong redistributive ethos and a commitment to democratic welfare development (Pereirinha & Murteira, 2019). Portugal is typically classified within the Mediterranean welfare regime, also referred to as the Southern European model. This cluster, which includes Spain, Italy, and Greece, emerged as analytically distinct from the Continental model in the 1980s, when integration into the European Union revealed structural differences in institutional capacity and socio-economic cohesion (Hajighasemi, 2019). A key feature of the Mediterranean model is the centrality of traditional familial and community-based support systems. In this context, the family, the Church, and charitable organizations often act as primary sources of welfare, especially in cases where public provision is limited. This configuration positions the social state in a relatively weaker role compared to informal networks of support, despite formal commitments to universalism (Hajighasemi, 2019). One of the distinctive institutional characteristics of the Portuguese system is its dual structure, composed of contributory and non-contributory regimes. The contributory scheme, financed through wage-based contributions from employers and employees, provides income- replacement benefits to insured individuals, such as pensions, unemployment benefits, and sickness allowances. In parallel, the non-contributory system offers protection to vulnerable groups—including the elderly with insufficient contribution records and low-income households—without requiring prior participation in the labor market. This structure reflects both a corporatist legacy and a progressive commitment to poverty alleviation and social inclusion (Pereirinha & Murteira, 2019). Unlike other Southern European countries, Portugal’s health care system constitutes a notable exception within the Mediterranean model, as it is almost entirely financed through public expenditure. While the general welfare state in Portugal, as in its Mediterranean counterparts, was historically underdeveloped—with large segments of the population lacking full social insurance coverage as late as the 1990s (Hajighasemi, 2019)—healthcare has evolved under a more universalist logic. Nevertheless, the broader system continues to exhibit institutional fragilities, including bureaucratic inefficiencies, weak horizontal coordination, and persistent reliance on centralized administration. The Ministry of Labour, Solidarity and Social Security remains the primary regulatory authority, with Segurança Social serving as the principal implementing agency. In recent years, the Portuguese welfare system has sought to adapt to the needs of emerging professional categories by incorporating more targeted measures. A pertinent example includes the development of special protections for high-performance athletes, acknowledging their unique labor conditions and social vulnerabilities. However, these adaptations take place within a framework that remains under considerable strain—faced with demographic aging, labor market dualization, and fiscal pressures. As such, Portugal’s social protection system continues to navigate the tension between its constitutional aspirations and the structural constraints typical of a late-developing European welfare state (Pereirinha & Murteira, 2019). 67 Sport and Athlete-specific Legislation In Portugal, the social protection framework for Olympic athletes is underpinned by a robust array of laws and public policies designed to support high-performance athletes throughout their professional careers and facilitate a smooth transition to recognised sport life. The Portuguese Institute of Sport and Youth (IPDJ) is pivotal in coordinating these initiatives in collaboration with the Portuguese Olympic Committee and various national sports federations (IPDJ, n.d.). Since 2017, the employment of sports practitioners and coaches has been governed by the Legal Framework of the Employment Contract for Sports Practitioners and Sports Coaches (Law no. 54/2017, dated July 14). This legislation regulates the employment relationships of all professional athletes and coaches engaged in legal subordinate roles for remuneration. Applicability extends to all sports governed by federations recognised in Portugal. Key provisions of this law mandate the existence of a written employment contract, registration with Social Security, and the regular provision of contributions towards pension, sick leave, and parental leave. Additionally, the law requires compulsory insurance to cover work-related and sporting accidents. It is crucial to underscore that this legal framework does not encompass amateur athletes, specifically those who do not receive regular remuneration, athletes on non-contractual grants or financial assistance, and individuals engaged in sporadic or self-employed service contracts. Consequently, the law predominantly addresses issues pertinent to professional football, thereby creating a gap in coverage for athletes competing in other Olympic disciplines. A significant instrument of social protection for Olympic athletes is the High-Performance Athlete Statute (Decree-Law 272/2009, dated October 1), which recognises athletes who satisfy specific standards of excellence, particularly those who qualify for recognised Games. This legislation endows athletes with various benefits, including flexible educational arrangements, labour market integration programs, and preferential access to certain public services. Moreover, athletes recognised under this statute are entitled to medical care and rehabilitation services in the event of injury. High-performance athlete status is conferred upon individuals representing Portugal in international competitions who meet criteria established in cooperation with respective sports federations. This classification comprises four levels (A, B, C, and Young Hope), with qualification dependent on participation or qualification for the Olympic, Paralympic, and Deaflympic Games, as well as notable achievements in world and European competitions and engagement in other internationally recognised competitions. Recognition of high-performance athlete status presents athletes with the opportunity for special enrolment in the social security system, aimed at bolstering their social protection. This statute enables athletes to register as self-employed individuals, even without a conventional employment contract, as articulated within the Legal Framework of Employment Contracts for Sports Practitioners and Sports Coaches. An adapted contributory regime currently applies, set at a percentage (26,9%), 68 ensuring athletes receive protection for health, maternity/paternity leave, disability, and pensions, with the duration of this statute counting towards the requisite contribution time (Segurança Social, n.d.). Recent legislative advancements, as embodied in Law 13/2024, have introduced measures designed to assist Olympic, Paralympic, and Deaflympic athletes. These measures underscore a commitment to post-career support, including financial subsidies for athletes engaged in Olympic programmes, to facilitate their transition from professional sports to new vocational pursuits. Additional support mechanisms encompass assistance for entrepreneurship, job creation, access to higher education, and eligibility for participation in public tenders. Notably, the law also addresses social security by instituting complementary financial subsidies to enhance maternity support for female athletes, thereby facilitating a balanced integration of sports and family life. Furthermore, it guarantees that the INPJ will cover the initial level of social security, recognising and providing athletes the flexibility to opt for a higher tax base while accepting any corresponding financial obligations. Case Law While not directly embedded in the core areas of social security such as pensions, health care, or unemployment support, the case of Yahima Menéndez Ramírez v. Portugal, adjudicated by the European Court of Human Rights (ECHR), offers a compelling lens through which to examine the broader scope of social protection faced by high-performance athletes in Portugal, particularly regarding access to justice. In Portugal, legal assistance is formally included among the services of the Social Security System under Law No. 34/2004. However, this case highlights the limitations and gaps in the existing legal aid framework Yahima, a judoka of Portuguese-Cuban descent who holds high-performance athlete status, was omitted from the preparation lists for the Olympic Games and subsequently appealed to the Court of Arbitration for Sport (CAS). However, the prohibitive legal costs associated with the case, compounded by the absence of legal aid from Social Security, ultimately hindered her ability to pursue the matter further. The ECHR ruled that Portugal had infringed upon Article 6 of the European Convention on Human Rights by failing to provide her with a fair and accessible trial (ECHR, 2023). This ruling illuminates a systemic flaw within the Portuguese legal framework: the practical exclusion of economically disadvantaged individuals from access to specialised arbitration tribunals, such as the CAS, due to exorbitant procedural costs and inadequate legal aid mechanisms. Portuguese Law Nº. 34/2004 does not explicitly anticipate arbitration in sport, resulting in unequal access to justice for individuals lacking formal employment contracts or stable income, such as many athletes. By emphasising the role of resource-based barriers in limiting effective judicial recourse, the ECHR signals that the current Portuguese model is deficient from both a constitutional and human rights perspective. 69 The ramifications of this case extend beyond the individual circumstances of Yahima Menéndez Ramírez. By acknowledging the disproportionate nature of the financial burdens faced by athletes about their income, the ECHR underscores that the existing Portuguese sports arbitration model may be at odds with the fundamental principles enshrined in the European Convention on Human Rights. This situation necessitates a prompt reassessment of the financial framework governing the CAS and the legal aid legislation, ensuring that all citizens, irrespective of their economic standing, can safeguard their rights in the sporting arena. Moreover, the case elucidates the structural vulnerabilities endemic to high-performance athletes in Portugal. Despite the existence of a legal statute (Decree-Law 272/2009), it does not assure adequate legal protection for athletes confronted with disputes involving federations or instances of competitive exclusion. The prevalent lack of formal labour contracts, reliance on grants, and susceptibility to unilateral decisions severely undermine their professional and economic stability. The absence of expedited and cost-free appeal mechanisms further exacerbates this precariousness, necessitating urgent reforms to enhance the protection and rights of athletes within the Portuguese sports system. Summary The Portuguese welfare system is extensive; however, the implementation of athlete-specific measures is inconsistent. High-performance athletes enjoy dedicated statutes and access to social protection through tailored contributory regimes, yet these benefits are often restricted to those who meet stringent recognition criteria. Athletes who fall outside this classification— such as amateurs or individuals on irregular contracts—encounter significant challenges in obtaining steady social security coverage. Despite recent legislative advancements, considerable gaps persist in ensuring equitable support for all elite athletes, particularly during the transition to post-sport careers. 4.4.2. Statutory State Protection and Athlete-Specific Measures Child & Family Benefits The Portuguese social security system assists families with children through a non-contributory scheme. For eligibility, the child must legally reside in the country, and the family’s income must fall within the limits established by legislation. The level of support varies based on the family’s income, the number of children, and the child’s age. Regardless of their Olympic status, high-performance athletes in Portugal are subject to the same regulations as other residents. 70 Additional Family Support Measures The Portuguese government engages in a co-participatory financial mechanism that subsidises nursery fees for children up to the age of three. This support extends to public and private nursery institutions, facilitating access to early childhood education across diverse settings. Maternity & Paternity Benefits Maternity and paternity support in Portugal is systematically organised within the framework of Social Security, encompassing a range of benefits and parental leave provisions designed to safeguard parental incomes during their absence from the workforce due to childbirth. This structure also aims to balance professional commitments and familial responsibilities. Statutory Protection Athletes in Portugal can access maternity and paternity support through two primary mechanisms. The first is the parental social subsidy, which operates within a non-contributory system. This subsidy is available to individuals who can demonstrate economic insecurity or lack the requisite six months of compulsory contributions for eligibility in the contributory system. Under this non-contributory support, recipients receive a fixed monthly amount, currently approximately €510, subject to variation based on the individual’s family circumstances. Depending on the parent’s choice, this support is allocated for 120 or 150 consecutive days. Athletes possessing employment contracts are entitled to the maternity and paternity benefits afforded under the contributory system. The parental allowance, the primary financial assistance available during parental leave, is designed to last 120 days at a benefit level of 100% of the individual’s salary or 150 days at 80% of the salary. This leave can be divided between both parents, stipulating that the mother must take at least the first six weeks (42 days) of leave. Fathers must take 28 compulsory working days of leave. They must complete 15 days within the first 30 days after birth and use the remaining 13 days before the child turns six months old. Sport-Specific Measures Since a limited number of Olympic athletes are covered under Law No. 54/2017 and do not have employment contracts, Law No. 13/2024 extends provisions to female athletes registered as high-performance competitors. This law offers an additional period of parental social benefits, allowing for a maximum of 120 days. This measure aims to facilitate the reintegration of women athletes into high-performance sport. The Instituto Português do Desporto e Juventude (IPDJ) administers this allowance, which has a financial value aligned with the social support index, approximately €510. While receiving this support, athletes maintain their 71 high-performance status without facing penalties related to performance outcomes or requirements for proof of physical fitness imposed by their respective federations. Unemployment support The Portuguese Social Security system provides unemployment protection to workers who experience involuntary job loss, ensuring a temporary replacement income and facilitating their reintegration into the labour market. The primary mechanism for this support is the unemployment benefit, which is designated for employees who have contributed to Social Security for a minimum of 360 days within the preceding 24 months. Eligibility for this benefit is contingent upon the beneficiary's registration with the Institute for Employment and Vocational Training, as well as their demonstrated willingness to seek employment. In cases where workers do not meet the criteria for unemployment benefits or have exhausted their provisions, they may be eligible for a means-tested social unemployment benefit. Additionally, there exist complementary modalities, such as partial unemployment benefits, which allow beneficiaries to receive a portion of their benefit concurrently with reduced earnings from employment, and severance benefits, tailored explicitly for economically dependent self-employed individuals who derive the majority of their income from a single entity. Notwithstanding the existence of this comprehensive legal framework, access to unemployment benefits remains heavily conditional upon the nature of the employment contract and the worker’s contribution history. This situation is particularly pronounced in sectors characterised by atypical employment relationships, including fixed-term contracts, service provision, and self-employment. Workers in these sectors often face significant barriers to meeting the requisite criteria for unemployment protection, due to the contractual precariousness and intermittent income patterns that are prevalent. Entitlements for Elite Athletes This disparity is especially pronounced within the sports sector, particularly among high- performance athletes. Athletes engaged under an employment contract governed by the Legal Framework of the Employment Contract for Sports Practitioners and Sports Coaches (Law no. 54/2017) are entitled to unemployment benefits, provided they satisfy the same conditions as other workers. However, in practice, many such contracts are of limited duration, often tied to individual sporting seasons, thereby jeopardising the continuity of contributions needed to access benefits. Moreover, a significant number of high-performance athletes lack formal employment contracts and subsist on grants or winnings from competitions, which excludes them from the Social Security contributory framework or results in their classification as self-employed individuals without access to termination benefits. Although current legislation recognises the need for a 72 termination allowance for economically dependent self-employed persons, the stringent eligibility criteria result in very few athletes successfully benefiting from this provision. Consequently, many individuals commit years to their sporting careers without any form of unemployment protection, ultimately facing significant social vulnerability after their professional tenure. Sickness benefits Statutory Protection In Portugal, the system of sickness benefits is an integral component of the contributory social protection framework, designed to provide temporary income substitution for workers rendered incapable of fulfilling their professional responsibilities due to illness. Social Security administers this benefit, primarily aiming to mitigate the financial impact of lost earnings during medically verified periods of incapacity to work. To qualify for sickness benefits, individuals must meet specific eligibility criteria, which include having contributed to the social security system for at least six calendar months, although these contributions do not need to be consecutive. Additionally, they must obtain medical certification from a physician affiliated with the National Health Service (NHS) or an authorised private health provider, confirming their temporary inability to work. Lastly, applicants should not be receiving any overlapping benefits, such as unemployment benefits or maternity leave, during the specified period. The computation of the sickness benefit is based on a percentage of the beneficiary's reference remuneration, which is determined by averaging earnings over a specified historical period. The replacement rate is contingent upon the duration of the illness, structured as follows: • 55% of reference remuneration for illnesses lasting up to 30 days, • 60% for illnesses spanning 31 to 90 days, • 70% for durations extending from 91 to 365 days, • 75% for long-term illnesses exceeding 365 days. Moreover, there are stipulated waiting periods that vary according to the cause and duration of the illness. Generally, the benefit commences on the fourth day of certified sick leave; however, for specific medical conditions—such as those requiring hospitalisation—payments may initiate sooner. Self-employed individuals are similarly entitled to sickness benefits; however, they must present at least 12 months of contributory history and are governed by a distinct set of rules, including a lengthier waiting period of 10 days. The benefit computation for self-employed workers is analogous to that of employed individuals, yet is based on their declared income. 73 Employment Injury Benefits / Health Protection / Invalidity & Disability Insurance Statutory Protection In Portugal, health protection is primarily provided through two complementary systems: the National Health Service (SNS, ) and the social security system. The SNS, which is funded by general taxation, ensures universal access to medical care for all legal residents, regardless of their employment or contribution status. It encompasses various services, including consultations, hospital care, maternity services, surgeries, and subsidised medications. While most services are free or low-cost, patients may be required to pay small co-payments known as “moderating fees,” although vulnerable groups such as children, pregnant women, and low- income pensioners are exempt from these fees. The social security system does not provide direct healthcare services but offers income protection in cases of illness, injury, or long-term disability. Workers who contribute to the system are entitled to benefits such as sickness pay, disability pensions, and compensation for occupational diseases. Access to these supports is contingent upon meeting specific contribution requirements and maintaining active registration with the system. This framework ensures that individuals unable to work due to health issues can still depend on financial stability during their recovery. Furthermore, many Portuguese citizens choose to obtain private health insurance to complement the public system and secure quicker access to private healthcare services. Some employers include health insurance as part of their employment benefits. While Portugal’s public health infrastructure provides extensive coverage, access to certain benefits— particularly those related to income—depends significantly on an individual’s standing within the social security system. Sport-Specific Measures In Portugal, the health protection of high-performance athletes is supported by a combination of universal healthcare access and targeted sport-specific policies. While the National Health Service (SNS) guarantees all residents access to essential health services, as mentioned above, while this ensures baseline protection, it does not address the occupational risks specific to elite sport. To mitigate these risks, Portuguese law mandates that professional athletes be covered by compulsory insurance for work-related and sports-specific injuries. Athletes are required to have two types of compulsory insurance. The first is sports insurance, which is mandatory for all athletes registered with national federations. This insurance is managed by the federation or by organisations that operate sports facilities, such as swimming pools, and those that host competitions and events. It provides coverage for personal accident risks associated with sporting activities, including risks incurred during training, competitions, and travel both within 74 Portugal and internationally. The policy includes a minimum pay out for death or permanent disability, set at €27,768, along with funeral expenses of €2,222 and treatment costs, including hospitalisation, covered up to €4,443. The second type of insurance is specifically designed for high-performance athletes, ensuring they receive adequate protection tailored to their elite status. Athletes enrolled under the high- performance statute benefit from complementary insurance against workplace accidents. This insurance, taken out by the IPDJ, remains valid for as long as the statute covers the athlete. It covers hospitalisation costs of up to €16,661 and outpatient care of up to €1,666 in the event of an accident. Moreover, in addition to the coverage provided by the insurance, athletes enrolled in this plan also have a minimum capital provision in the event of absolute or partial invalidity (between €55 and €539). Old-age Benefits & Pensions Statutory Protection In Portugal, retirement forms an integral part of the Social Security system, representing one of the primary benefits provided through the contributory scheme. Protection in old age is assured via the Old Age Pension, designed to replace beneficiaries’ labour income once they reach the legal retirement age and satisfy the necessary contribution requirements. The minimum retirement age is set at 66 years and 7 months, and individuals must have contributed to the Social Security system for at least 15 years to qualify for the pension. The final pension amount is determined by the duration of contributions, the average salary, and specific calculation formulas established by legislation. The non-contributory system ensures that any citizen not covered by a social protection scheme is eligible for a social old-age pension, allowing them to receive a monthly payment even if they have not fulfilled the minimum contribution period. Additionally, Portugal offers special schemes that allow for early retirement or retirement under specific conditions, catering to professions characterised by increased risks, physical demands, or shorter career spans. This includes cases such as miners, fishermen, and high- performance athletes. Entitlements for Elite Athletes The special regime for high-performance athletes in Portugal is established within the framework of Social Security and is primarily regulated by Decree-Law 272/2009, dated October 1. This regime facilitates access to social protection for high-performance athletes, even when they do not have a traditional employment relationship. It is common among athletes who receive grants, prizes, or subsidies without a formal employment contract. 75 Athletes recognised as high-performance by the IPDJ can register as self-employed individuals with Social Security. This special regime enables them to contribute at a lower rate than the standard rate for other self-employed workers. Law No. 13/2024 has further enhanced this regime by ensuring that the IPDJ will cover the minimum required contributions if an athlete cannot contribute. Additionally, athletes can contribute at a higher level, along with the corresponding costs. The duration of participation in this special regime is counted towards the contributory service time required for retirement. Sport-Specific Measures On January 19, 2024, Portugal enacted Law n13/2024, a significant legislative measure to provide essential financial support to high-performance athletes transitioning from competitive sports to new professional or academic endeavours. This law recognises the unique challenges athletes face during reintegration and seeks to safeguard their well-being throughout this important phase. The financial assistance is allocated monthly by the Instituto Português do Desporto e Juventude (IPDJ) to athletes who have dedicated at least six years to representing Portugal in Olympic, Paralympic, or Surdolympic projects. The duration of this support is carefully tailored according to the athlete’s competitive achievements: those who have medaled at the Olympic, Paralympic, or Deaflympic Games may receive funding for up to 36 months, while athletes who finished in eighth place are eligible for a maximum of 24 months. Those participating in these prestigious events can receive assistance for up to 16 months. Although the law does not stipulate a specific amount for the subsidy, it grants the IPDJ the authority to establish criteria for determining the final amount awarded. This will be based on the social support index, which is set at €509.26 for 2024 (INE, 2024), with the final amount potentially varying according to the athlete’s training and employment situation. Athletes interested in accessing this support must submit their applications after completing their sports careers. Furthermore, support is intended for periods when the athlete is not engaged in paid employment, providing a vital safety net during this pivotal transition. Survivors’ benefits Statutory Protection The Portuguese Social Security system encompasses a comprehensive array of survivor benefits aimed at mitigating the loss of household income following the death of an insured individual. Central to this system is the survivor's pension, which is disbursed to spouses or partners, minor or dependent children, and, in specific circumstances, to parents or other relatives who can demonstrate economic dependence on the deceased. Eligibility for such benefits is contingent upon the deceased having either been in receipt of a contributory pension or having accumulated the requisite minimum number of contributory months. The 76 benefit amount is determined as a percentage of the reference wage or the pension that was previously in payment. Additionally, a lump-sum death grant is available to assist with funeral expenses, provided the deceased had made at least 36 months of contributions. For fatalities resulting from workplace accidents or occupational diseases, distinct schedules for widow(er) and orphan pensions are governed by work-injury legislation. Access to these survivor benefits fundamentally relies on the deceased's previous integration into the contributory system. Employees under both open-ended and fixed-term contracts are automatically included, as employers deduct contributions, thereby rendering the survivor's pension as an earned entitlement. Conversely, self-employed persons are required to register and remit contributions directly; failure to comply with this requirement or the under-declaration of income places their families at risk of losing eligibility for benefits. While Portugal's non- contributory regime addresses specific gaps by offering social pensions to low-income elderly dependents, it does not replicate the comprehensive earnings-related survivor pension. Consequently, factors such as contributory density, wage history, and administrative compliance are critical determinants of benefit adequacy. The administrative procedures associated with these benefits are largely standardised. Survivors are required to submit a claim to Social Security, accompanied by the death certificate, proof of kinship or partnership, and, where applicable, evidence of dependency. Generally, benefits for surviving spouses are lifetime entitlements if the survivor is disabled or reaches statutory retirement age; otherwise, these benefits may be temporarily limited. Pensions for children are typically expected to cease at the age of 18, but may be extended to 25 if the young individual is engaged in full-time education. There is no upper age limit for children with certified disabilities. Entitlements for Elite Athletes The framework for survivor benefits is more tenuous when applied to high-performance athletes. Athletes holding regular employment contracts with clubs or sports organisations are afforded the same treatment as other employees under Law 54/2017: contributions are automatically deducted from wages, and survivor benefits accrue accordingly. However, only a minority of elite competitors, primarily from the domains of professional football or basketball, receive this classification. A significant number of athletes in Olympic or individual sports derive their income from a disparate mixture of grants, prize money, and sponsorships, none of which inherently trigger mandatory insurance coverage. To address this disparity, the High-Performance Athlete Statute (Decree-Law 272/2009) enables recognised elite athletes to register as self-employed contributors at a reduced rate, with recent amendments (Law 13/2024) allowing the Institute of Sport of Portugal (IPDJ) to cover the minimum contribution when an athlete's income is insufficient. When duly registered, dependents are entitled to receive full survivor pensions and the death grant. Nonetheless, actual enrolment remains inconsistent: some athletes procrastinate registration, while others contribute sporadically, and those reliant solely on scholarships may never enter the system. 77 In these instances, their families are deprived of the contributory history necessary to claim a survivor's pension, consequently relying on means-tested assistance. Minimum Income Statutory Protection In Portugal, the issue of minimum income within the framework of the Social Security system is predominantly addressed through the Rendimento Social de Inserção (RSI), or Social Integration Income. This non-contributory benefit is specifically designed to assist individuals and families experiencing extreme poverty or severe financial vulnerability. The overarching objective of the RSI is not only to provide a basic subsistence income but also to facilitate the social and professional reintegration of beneficiaries through structured activation measures. The RSI comprises two principal components: the Monetary Benefit, which ensures a minimum income level adjusted according to the size and composition of the household, and the Social Integration Programme, which includes a set of commitments and actions agreed upon between the beneficiary and the Social Security services or local partners. This program aims to enhance employability, educational opportunities, and social participation for the beneficiaries. Eligibility for the RSI is determined by income thresholds that are subject to periodic updates. The total household income of the applicant is assessed, and should it fall below a specified threshold (which is defined relative to the national minimum wage), the household may qualify for the benefit. Furthermore, applicants must be legal residents of Portugal, be over 18 years of age (with exceptions made for younger individuals with dependents or under special circumstances), and must agree to actively participate in the integration programme. In addition to the RSI, the principle of minimum income also plays a significant role in defining access to a variety of other non-contributory benefits. These include social old-age pensions, disability benefits, and unemployment assistance for long-term unemployed individuals who have depleted their contributory support. Such benefits are designed to ensure a minimum standard of living for individuals who may not have made adequate contributions to qualify for comprehensive insurance-based coverage. For self-employed individuals, including those with intermittent activity or irregular income streams, the Portuguese Social Security system mandates a minimum contributory base. This requirement ensures that all self-employed persons contribute at least a minimum amount on a monthly basis. Should their earnings prove insufficient, they are still obligated to remit contributions based on this established base, unless they qualify for specific exemptions or subsidies, such as those that have been introduced for high-performance athletes. 78 4.4.3. Conclusion and Takeaways The Portuguese welfare state is deeply rooted in principles of solidarity and universality, offering a robust system of social protection that includes pensions, unemployment support, health care, and family benefits. Athletes, particularly those officially recognised as high- performance under Decree-Law 272/2009, benefit from specific measures that attempt to align their unique career paths with broader social protections. The inclusion of laws such as Law No. 54/2017 and the recent Law No. 13/2024 represents important steps toward institutionalising athlete welfare, particularly in areas of maternity, post-career transition, and injury protection. However, the current state of social protection coverage for athletes in Portugal remains uneven and fragmented. While professional athletes (especially in football) and Olympic-level athletes may enjoy certain tailored protections, the majority, especially those on non- contractual arrangements, in less visible sports, or classified as amateurs, often fall outside the contributory system’s safety net. Many lack access to consistent unemployment insurance, pension accrual, or effective legal recourse when excluded from competition or dismissed arbitrarily. The case of Yahima Menéndez Ramírez, which revealed structural inequities in access to justice for athletes, highlights how these gaps can translate into real legal and economic vulnerabilities. Among the main takeaways is the recognition that Portugal’s general social security system is highly centralised and extensive, yet its mechanisms are often ill-adapted to the non-linear, precarious nature of athletic careers. Although legal frameworks exist to support high- performance athletes, they remain conditional upon formal recognition and do not accommodate most athletes. Moreover, the complexity of navigating the contributory system and legal entitlements often deters athletes from seeking or understanding their rights. Specific challenges for Portugal include ensuring equitable access to social security for all athletes regardless of contractual status or sport. Another structural issue is the low awareness and enforcement of employment and insurance rights within smaller sports federations and clubs, which exacerbates the risk of exploitation and long-term insecurity for athletes. In conclusion, while Portugal has made meaningful legislative strides in providing athlete- specific protections, significant reform is still required to ensure inclusivity, sustainability, and fairness. Enhancing coordination between sports institutions and the social security system, expanding the legal definition of professional athletes, and investing in accessible legal support are critical for building a truly protective framework. For social protection in sport to be effective, it must reflect the real dynamics of athletic careers—precarious, short-lived, and intensely demanding—and offer flexible, accessible pathways to long-term economic and social security. 79 Good practice A notable example of good practice within the Portuguese system is the establishment of a special contributory regime for high-performance athletes, as outlined in Decree-Law no. 272/2009 and further reinforced by Law no. 13/2024. This regime enables athletes officially recognized with high-performance status to register with Social Security as self-employed workers, even in the absence of formal employment contracts. What sets this initiative apart is the provision that the Instituto Português do Desporto e Juventude (IPDJ) may cover the minimum monthly contributions for athletes whose income is insufficient to maintain regular payments. This measure ensures that athletes can accumulate contributory time toward essential protections such as pensions, sickness and parental benefits, as well as disability coverage, despite the often irregular and unstable nature of income derived from sports. Strengths A key strength of the system is the establishment of a clear legal and institutional framework for high-performance athletes. The High-Performance Athlete Statute (Decree-Law 272/2009) and Law No. 54/2017 clarify eligibility for various social protections, including health insurance, pensions, maternity and paternity benefits, and sick leave. These regulations represent significant recognition of the unique labour conditions faced by athletes and create a structured pathway for accessing the broader social security system. The enactment of Law no. 13/2024 enhances protection by enabling the IPDJ to make minimum contributions on behalf of low-income athletes. This provision is crucial for safeguarding the long-term rights of athletes who may not have consistent earnings or formal employment contracts, especially during the early stages of their careers or during transitional periods. In addition to general social security, elite athletes have access to specialized accident insurance schemes. These include personal accident insurance provided by federations and workplace injury coverage backed by the IPDJ for individuals under the high-performance statute. These programs deliver essential protection against the unique risks associated with elite sports. Weaknesses Access to the special regime is contingent upon formal recognition as a high-performance athlete. Those who fall outside this classification—such as amateurs, participants in non- Olympic sports, and early-career athletes—frequently face exclusion. Moreover, even for athletes who are recognized, enrolment in social security is not guaranteed, resulting in inconsistent coverage and disparities that vary by sport, federation, or source of income. A significant number of athletes lack formal employment contracts and instead rely on scholarships, grants, or prize winnings, which do not automatically qualify as income for social security purposes. The absence of standardized employment contracts in most sports, aside 80 from football, often leaves many elite athletes without access to essential benefits such as unemployment protection, retirement contributions, or paid sick and parental leave. The system is characterized by legal complexities and administrative burdens that deter many athletes from registering or pursuing their entitlements. The bureaucratic structure of Segurança Social often fails to accommodate the flexible and short-term nature of athletic careers, particularly for self-employed athletes. 81 4.5. United Kingdom (authored by Andrea Cattaneo) 4.5.1. General Information on the National Welfare System General Social Laws The United Kingdom operates a universal welfare state grounded in residence-based entitlements and National Insurance (NI) contributions. The welfare system is primarily administered by the Department for Work and Pensions (DWP) and includes both contributory and means-tested benefits. Healthcare is provided by the National Health Service (NHS), which is publicly funded and free at the point of use for all UK residents. The NHS covers a wide range of services, including primary care, hospital treatment, emergency services, mental health care, and rehabilitation. Its universal character ensures that all athletes – regardless of income or employment status – have access to general medical services. However, specialist sports medicine is not always available within NHS pathways, leading some elite athletes to supplement care with private provision. Most income-related benefits, such as Universal Credit,20 require means-testing, while others – such as New Style Jobseeker’s Allowance21 and Employment and Support Allowance22 – depend on sufficient NI contributions. For elite athletes, especially those funded through public grants rather than formal employment, these contribution requirements may pose a barrier to access. National Traditions and Peculiarities A defining feature of the UK welfare model is the dual structure of universal access and contributory entitlement. Healthcare is universally available via the NHS, but many income- related benefits are conditional on employment history and NI records. This poses challenges for elite athletes, who often operate outside standard employment structures and may experience fragmented income patterns, limited formal contracts, or grant-based support systems. Sport and Athlete-Specific Legislation There is no dedicated legal instrument in UK law governing the social protection of athletes. Instead, their legal status is determined under general employment law—namely, the 20 Universal Credit is regulated by The Universal Credit Regulations 2013. Further details can be found here: https://www.gov.uk/universal-credit 21 The New Style Job Seeker’s Allowance is regulated by The Jobseeker’s Allowance Regulations 2013. Further details can be found here: https://www.gov.uk/guidance/new-style-jobseekers-allowance#overview 22 The Employment and Support Allowance is regulated by The Employment and Support Allowance Regulations 2013. Further details can be found here: https://www.gov.uk/employment-support-allowance https://www.gov.uk/universal-credit https://www.gov.uk/guidance/new-style-jobseekers-allowance#overview https://www.gov.uk/employment-support-allowance 82 Employment Rights Act 1996 and the Equality Act 2010 – which distinguish between employees, workers, and self-employed persons. Athletes participating in the UK Sport-funded World Class Programme sign a standardised Athlete Agreement with their national governing body (NGB). These agreements expressly state that they do not create a contract of employment. The associated funding – known as the Athlete Performance Award (APA) – is a means-tested public grant and does not confer employment status. This legal structure places most Olympic athletes outside the scope of employment protections, including statutory sick pay, maternity leave, redundancy pay, or access to employer pensions. By contrast, athletes in commercial sports (e.g., football, rugby, basketball) are often employed directly by clubs and therefore qualify as employees. Applicable Case Law The legal status of elite athletes has been considered in Jessica Varnish v British Cycling and UK Sport [2019] and [2020] (EAT). Ms Varnish, an elite track cyclist, brought a claim for unfair dismissal under the Employment Rights Act 1996, direct sex discrimination, victimisation, and detriment for whistleblowing under the Equality Act 2010 and ERA 1996, following the non- renewal of her agreement with British Cycling. In order to proceed with her claims, Varnish first had to establish that she was either an employee of British Cycling or UK Sport (or both in a tripartite arrangement), or a worker under the statutory definitions. Although the agreement imposed significant obligations on the athlete (training, behavioural standards, commercial restrictions), the Employment Tribunal held that there was no work/wage bargain or mutuality of obligation, both of which are required to establish employment or worker status under UK law. The Tribunal concluded that Varnish was not performing work in return for remuneration, but was training with the hope of future selection. The Employment Appeal Tribunal upheld the ruling, reinforcing the principle that public grant recipients (even if subject to strict control) are not automatically workers or employees. This judgment remains a landmark in the classification of elite athletes under UK law. Summary The UK welfare system is broad but not specifically tailored to athletes. While general healthcare is universally available, access to income protection and family-related benefits often depends on employment status and contribution records. The absence of athlete-specific legislation, combined with the judicial reluctance to extend worker status to elite athletes under grant-funded programmes, results in a system that only partially addresses the social protection needs of this group. 83 4.5.2. Statutory State Protection and Athlete-Specific Measures Child & Family Benefits In the UK, support for families with children is primarily provided through universal and means- tested state benefits. Athletes with children are therefore subject to the same eligibility conditions and entitlements as any other UK resident, with access dependent on household income, residence status, and—where relevant—contribution history. Child Benefit The most widely available family support measure is Child Benefit,23 a non-contributory cash payment available to parents or guardians responsible for raising children. As of 2025, the rates are: • £26.05 per week for the eldest child; • £17.25 per week for each additional child. This benefit is universal in principle, but subject to a High-Income Child Benefit Charge if one parent earns between £60,000 and £80,000. Elite athletes in the UK—regardless of their status—are eligible for Child Benefit on the same basis as any other resident parent or guardian. The APA itself is not counted as income for the purposes of means-tested benefits or the high-income charge, which may allow lower-earning athletes to access the full amount. Additional Family Support Measures Other family-related benefits, such as tax-free childcare, free school meals, or housing support for families, may also be available depending on household income and employment status. Once again, these benefits are not athlete-specific and are accessed through the general welfare system administered by HM Revenue and Customs (HMRC) or the local authority. Relevance for Elite Athletes While elite athletes can, in principle, access the same family-related benefits as other citizens, two key factors may affect their eligibility and take-up: 1. Irregular or non-traditional income patterns may complicate eligibility assessments, particularly when applying for means-tested support. 2. Lack of institutional guidance or support in navigating the welfare system may result in under-utilisation of available benefits. 23 Child Benefit is regulated by the Social Security Contributions and Benefits Act 1992. Further details can be found here: https://www.gov.uk/child-benefit https://www.gov.uk/child-benefit 84 At the time of writing, UK Sport and the British Elite Athletes Association (BEAA) do not administer family-specific financial support, although they may assist athletes in understanding their entitlements and navigating the application process. Maternity/Paternity Benefits The UK provides statutory maternity and paternity protections primarily through the general welfare and employment systems. Elite athletes—particularly those outside formal employment—may face limited access to these entitlements. In practice, maternity and paternity protection for athletes in the UK reflects a patchwork of statutory benefits, military- specific provisions, and sport-specific measures delivered through UK Sport and national governing bodies (NGBs). Statutory Protection Athletes who are employed (e.g. by a professional club or the armed forces) may be entitled to Statutory Maternity Pay (SMP) or Statutory Paternity Pay (SPP),24 subject to eligibility. However, as most Olympic athletes would not be classified as employees or workers, they are not entitled to SMP or SPP. Instead, eligible athletes may apply for Maternity Allowance,25 a state benefit for individuals who do not qualify for SMP. As of 2025, this provides: • £187.18 per week (or 90% of average weekly earnings, whichever is lower) • For a period of up to 39 weeks. Maternity Allowance is administered by the Department for Work and Pensions (DWP) and requires a recent work history and a minimum level of earnings over a 66-week test period. This may exclude some elite athletes who rely exclusively on grant funding and have no record of paid employment or self-employment in that period. Low-income athletes may also apply for the Sure Start Maternity Grant26—a one-off payment of £500 for families receiving certain benefits. However, this scheme is not available in Scotland, where a separate Pregnancy and Baby Payment is administered through Social Security Scotland. 24 Statutory Maternity, Paternity and Adoption Pay is regulated by The Social Security Contributions and Benefits Act 1992. Further details are available here: https://www.gov.uk/maternity-pay-leave 25 Maternity Allowance is regulated by The Social Security Contributions and Benefits Act 1992. Further details are available here: https://www.gov.uk/maternity-allowance 26 The Sure Start Maternity Grant is regulated by The Social Fund Maternity Grant Amendment Regulations 2012. Further details are available here: https://www.gov.uk/sure-start-maternity-grant https://www.gov.uk/maternity-pay-leave https://www.gov.uk/maternity-allowance https://www.gov.uk/sure-start-maternity-grant 85 Military-Athlete Protection Athletes serving in the British Armed Forces are entitled to enhanced maternity and paternity protection. Servicewomen with over one year of service and a commitment to return to duty for at least 12 months are entitled to: • 26 weeks of full-paid maternity leave, followed by up to 26 weeks of unpaid leave. Military fathers are entitled to two weeks of fully paid paternity leave.27 These benefits go beyond what is available to most athletes and reflect the full employment status of military personnel. Sport-Specific Measures (UK Sport and NGBs) Recognising the gap in statutory protections, UK Sport has introduced athlete-specific pregnancy and maternity policies for those on the World Class Programme. These include: • Access to private medical insurance for pregnancy-related care; • Continued eligibility for the Athlete Performance Award during a defined pregnancy and postnatal period; • A maternity policy which seeks to support athletes’ return to training and competition.28 UK Sport has acknowledged the importance of family life and is reportedly working on additional guidance regarding parental leave, though at the time of writing, this has not yet been formalised into a regulatory framework. The BEAA plays a supporting role in helping athletes understand and navigate pregnancy-related rights, though it does not directly administer any benefits. Conclusion Maternity/Paternity Benefits Elite athletes in the UK face limited statutory maternity and paternity protection unless they fall within specific employment structures, such as the armed forces. While sport-specific policies have emerged to fill this gap, access remains uneven. For most athletes, the reality is a mix of partial state coverage and evolving sport-body initiatives, with no guaranteed entitlement to income replacement, job security, or protected leave during parenthood. Unemployment Support In the UK, there is no unemployment protection specifically tailored to elite athletes. Access to unemployment benefits is governed by the general welfare system and depends primarily on the individual’s employment status and history of National Insurance (NI) contributions. For 27 Further details are available here: https://assets.publishing.service.gov.uk/media/641ad0b5e90e0769eead145a/JSP760_20230321.pdf 28 Further details about the UK Sport Pregnancy Guidance are available here: https://www.uksport.gov.uk/resources/pregnancy-guidance https://assets.publishing.service.gov.uk/media/641ad0b5e90e0769eead145a/JSP760_20230321.pdf https://www.uksport.gov.uk/resources/pregnancy-guidance 86 most elite athletes – particularly those supported through the APA – this might create significant barriers to accessing unemployment-related support, especially at points of deselection or retirement. The main form of contributory unemployment benefit in the UK is the ‘New Style’ Jobseeker’s Allowance (JSA).29 This is a time-limited, flat-rate payment available to individuals who are unemployed but have paid sufficient Class 1 NI contributions in the two full tax years before the year of claim. As APA-funded athletes are not classified as employees and typically do not make Class 1 contributions, they are not eligible for this benefit, unless they have paid contributions through secondary employment or part-time work. Alternatively, athletes who experience a loss of income or deselection may apply for Universal Credit (UC).30 This is a means-tested benefit intended to support individuals with low or no income. In principle, APA recipients are eligible for UC, as the APA is not counted as income for the purpose of means-testing. However, there are two key challenges: application complexity and administrative burden, particularly for athletes unfamiliar with the benefits system; perception and stigma associated with claiming UC, which may discourage uptake even when athletes are eligible. UK Sport does not operate a dedicated unemployment support scheme. However, limited transitional funding may be available for athletes who are leaving the World Class Programme, including short-term continuation of the APA or one-off payments intended to ease the adjustment to life beyond elite sport. The BEAA also provides support in navigating the benefits system and accessing alternative sources of funding, but does not directly administer unemployment assistance. Beyond the transitional funding, elite athletes who have been deselected or are otherwise unable to continue at the elite level are left with no dedicated or automatic income replacement mechanism, relying instead on general welfare measures that may not reflect the unique risks and career instability of elite sport. This structural gap reinforces the precarity of the athlete pathway and highlights the need for stronger transitional protections and clearer integration into existing social safety nets. Employment Injury Benefits In the United Kingdom, protection against employment-related injury or illness is generally provided through two mechanisms: (1) statutory schemes, such as Statutory Sick Pay,31 and (2) employer-provided protections, including occupational health schemes and compensation 29 Further details about the New Style Jobseekers Allowance can be found here: https://www.gov.uk/guidance/new- style-jobseekers-allowance#overview 30 Further details about Universal Credit can be found here: https://www.gov.uk/universal-credit 31 Statutory Sick Pay is regulated by The Statutory Sick Pay (General) Regulations 1982. Further details are available here: https://www.gov.uk/statutory-sick-pay/eligibility https://www.gov.uk/guidance/new-style-jobseekers-allowance#overview https://www.gov.uk/guidance/new-style-jobseekers-allowance#overview https://www.gov.uk/universal-credit https://www.gov.uk/statutory-sick-pay/eligibility 87 through civil liability. However, these mechanisms are primarily accessible to individuals who are legally classified as employees or, in some cases, workers—a status that most elite athletes in the UK do not possess. Athletes supported through the APAs are not classified as employees or workers, and are therefore excluded from statutory employment protections, including those covering work- related injury and illness. To address this gap, athletes on the World Class Programme are typically covered by sport- specific insurance policies, arranged either by their NGB or, in some cases, by UK Sport directly. This coverage often includes: • Accident and injury insurance, including for injuries sustained during training or competition; • Access to private medical treatment, surgery, and rehabilitation; • Cover for loss of income or career-ending injuries, depending on the policy. It must be noted that these schemes are not standardised across sports, and coverage varies significantly depending on the NGB’s resources, policies, and insurance arrangements. Importantly, coverage is usually contingent on the athlete’s continued selection to the World Class Programme. Once an athlete is deselected or retires, they may lose access to insurance protections, even if they are still recovering from a sport-related injury sustained while on programme. In contrast, athletes who are members of the British Armed Forces benefit from comprehensive coverage under the Armed Forces Compensation Scheme (AFCS).32 The AFCS is a statutory, non-contributory scheme that provides compensation for injury, illness or death caused by service in the armed forces, including sport-related injuries that occur during duty. This includes lump-sum payments and, in more serious cases, a Guaranteed Income Payment (GIP) for life. Military athletes therefore benefit from a far higher degree of protection than their civilian elite counterparts. In summary, there is no national employment injury scheme that covers elite athletes as a category. While some protection is available through private sport insurance, access is uneven, temporary, and contingent on selection. The absence of structural protections highlights a significant gap in the UK sport system’s ability to provide long-term security for athletes who suffer injury as a result of representing their country at the highest level. 32 The Armed Forces Compensation Scheme is regulated by the Armed Forces & Reserve Forces Compensation Scheme Order 2011. Further details are available here: https://www.gov.uk/guidance/armed-forces-compensation- scheme-afcs https://www.gov.uk/guidance/armed-forces-compensation-scheme-afcs https://www.gov.uk/guidance/armed-forces-compensation-scheme-afcs 88 Sickness Benefits The UK welfare system provides sickness protection primarily through employment-based entitlements and public benefits administered by the Department for Work and Pensions (DWP). However, access to these protections depends heavily on an individual's employment status and contribution history—factors that often place elite athletes outside the system’s main eligibility pathways. Employees in the UK are entitled to Statutory Sick Pay (SSP) if they are off work due to illness for more than four consecutive days. SSP is paid by employers for up to 28 weeks, provided the employee earns an average of £125 per week and has an employment contract. Professional athletes employed by clubs (e.g. in football, rugby, or basketball) typically qualify for SSP and may also benefit from enhanced occupational sick pay schemes provided by their clubs or player associations. In contrast, elite athletes funded through the APA are not entitled to SSP, nor are they automatically covered by workplace sick pay or occupational health schemes. Where an athlete falls ill and cannot train or compete, they may be eligible for public benefits designed for non-employed individuals. These include: • Employment and Support Allowance (ESA)33 – a contributory benefit available to individuals who cannot work due to sickness or disability and who have paid sufficient National Insurance contributions in the past two tax years. • Universal Credit (UC) – a means-tested benefit that may include a work capability component for individuals who are unable to meet work requirements due to ill health. For many elite athletes, particularly younger athletes or those who rely solely on APA funding, National Insurance contributions may be insufficient to qualify for ESA. Universal Credit may be an option, but only where athletes meet the income and residency requirements, and even then, the process can be administratively burdensome and may result in a delay before support is received. UK Sport and NGBs do not operate formalised sick pay schemes. However, athletes on the World Class Programme may continue to receive their APA while they are injured or recovering from illness, particularly if they remain on the programme. The extent of support in such cases is discretionary and depends on the policies of the specific NGB. Once an athlete is deselected, they typically lose access to both the APA and related medical or welfare support. 33 Further details about the Employment and Support Allowance can be found here: https://www.gov.uk/employment-support-allowance https://www.gov.uk/employment-support-allowance 89 Private medical coverage under the Athlete Medical Scheme34 may assist with treatment and recovery, but does not provide income replacement. Nor does it guarantee continuity of care if the athlete exits the programme. In the case of military athletes, a different model applies. Armed Forces personnel are considered employees and are entitled to full pay during periods of illness, as well as medical care through the military healthcare system. This ensures far more stable income and care continuity for serving soldiers than is available to APA-funded civilian athletes. In sum, the UK provides limited structural protection for elite athletes in case of sickness. Outside of club-based or military employment, athletes are left to navigate a complex public benefits system not designed with the sport context in mind. The result is an inconsistent and insecure form of protection, dependent on discretionary decisions by sport bodies and variable access to public support. Health Protection In the United Kingdom, all residents have access to publicly funded healthcare through the National Health Service (NHS). Established on the principle of universality, the NHS provides comprehensive medical care free at the point of use, including general practitioner (GP) services, hospital care, emergency treatment, mental health support, and maternity services. Elite athletes, like all UK citizens and residents, are entitled to these services regardless of their employment status or income. However, while the NHS forms the cornerstone of healthcare provision in the UK, it is not specifically adapted to the needs of high-performance athletes. NHS services are not designed to support elite-level injury rehabilitation, performance diagnostics, or rapid return-to-play protocols. In practice, elite athletes often require specialist and time-sensitive care. To meet these needs, UK Sport operates the Athlete Medical Scheme, which provides access to private medical insurance (currently through BUPA) for athletes on the World Class Programme. This scheme enables athletes to: bypass NHS waiting lists, access private consultants and receive ongoing physiotherapy and rehabilitation tailored to elite sport. Athletes may also receive support through the UK Sports Institute35 which provides integrated medical, nutritional, psychological, and physiotherapy services, usually embedded within national training centres. This service network is a key part of the UK high-performance system and is available only to athletes selected for the World Class Programme. 34 Further details about the Athlete Medical Scheme can be found here: https://www.britisheliteathletes.org/handbook-resources/athlete-medical- scheme#:~:text=It%20is%20a%20free%20service,support%20team%20for%20more%20information. 35 Further details about the UK Sports Institute can be found here: https://uksportsinstitute.co.uk/ https://www.britisheliteathletes.org/handbook-resources/athlete-medical-scheme#:~:text=It%20is%20a%20free%20service,support%20team%20for%20more%20information https://www.britisheliteathletes.org/handbook-resources/athlete-medical-scheme#:~:text=It%20is%20a%20free%20service,support%20team%20for%20more%20information https://uksportsinstitute.co.uk/ 90 While these arrangements represent a best-practice model for performance-focused medical support, they are contingent on selection: Athletes who are deselected or retire lose access to private medical insurance and the EIS network unless they fund it privately. Furthermore, this support is discretionary, as there is no statutory entitlement to performance medical support. By contrast, military athletes receive healthcare through the Defence Medical Services, with access to military rehabilitation centres. Care is guaranteed during service and remains accessible even after injuries, making this a far more stable and comprehensive health protection system than that available to non-employed elite athletes. In summary, while elite athletes in the UK benefit from universal NHS access like all residents, their performance-related health needs are met through discretionary, programme-based schemes. These schemes are world-class in quality but fragile in continuity and, crucially, reliant on selection status. There is no statutory guarantee of elite medical care or injury recovery support outside of club or military employment, which leaves athletes exposed during career transitions or post-retirement. Old-age Benefits & Pensions Access to old-age benefits and pensions in the UK is determined primarily by residence status and an individual’s National Insurance (NI) contributions. Athletes, like all UK residents, may qualify for state pensions and other forms of retirement support depending on their employment status, military affiliation, or integration into elite sport programmes. However, there is no dedicated pension scheme for elite athletes as a category under UK law. Statutory (State) Protection / Entitlements for Elite Athletes Residents / Citizens UK residents who have paid or been credited with National Insurance contributions are entitled to a State Pension36 once they reach the qualifying age (currently 66, rising to 67 by 2028). To receive the full State Pension, an individual must have 35 qualifying years of contributions; a minimum of 10 years is required to receive any amount. For many elite athletes—particularly those whose income is derived from grants (such as the Athlete Performance Award)—NI contributions may be inconsistent or absent, since APA recipients are not automatically enrolled in NI and may not be considered employed or self- employed. Athletes must actively opt to make voluntary Class 2 or Class 3 NI contributions to build up pension entitlement, but uptake is likely low, especially among younger athletes. Employees (e.g. club-based athletes) 36 Further details about the State Pension can be found here: https://www.gov.uk/new-state-pension/what-youll-get https://www.gov.uk/new-state-pension/what-youll-get 91 Athletes who are employed—such as those in football, rugby, or basketball—are typically enrolled in workplace pension schemes, with contributions made by both employer and employee. These schemes complement the State Pension and often include additional retirement planning support. Soldiers (military athletes) Athletes serving in the British Armed Forces are eligible for the Armed Forces Pension Scheme (AFPS).37 This is a non-contributory occupational pension, funded entirely by the government and based on career-average earnings and length of service. Military athletes benefit from automatic pension accrual and full access to military retirement benefits, including early pension options under certain conditions (e.g. retirement after 20 years of service). The AFPS provides a level of retirement security unmatched in other parts of the UK athlete population and represents a notable exception to the general precariousness of retirement planning in elite sport. Elite Athletes (non-employed) There is no statutory or automatic pension entitlement for elite athletes simply by virtue of their selection to a national team or elite programme. Athletes funded by UK Sport through the APA are not enrolled in any pension scheme and do not accrue pension rights unless they arrange this privately. While they are eligible to make voluntary NI contributions, there is no integrated mechanism or financial incentive to do so. This places non-employed elite athletes in a vulnerable position with regard to retirement security. Unless they supplement their sporting income through paid employment or proactively manage personal pension arrangements, they may face significant income gaps later in life. Athlete-Specific Measures for Elite Athletes UK Sport does not operate a pension scheme for athletes and does not require or encourage NGBs to establish one. There is also no athlete-wide retirement savings mechanism specific to the sport sector. Transitional support fund upon deselection from the World Class Programme is available, but not designed for long-term retirement planning. The BEAA may offer informal guidance on financial planning, but this falls outside any formal pension provision. The UK does not currently offer public or private pension bonuses or retirement awards for Olympic medallists. Unlike in some countries, there are no guaranteed annuities, lump-sum 37 The Armed Forces Pension Scheme is regulated by the Pubic Service Pensions Act 2013; The Armed Forces Pension Regulations 2014 & associated amendment regulations. Further detail about the scheme can be found here: https://www.gov.uk/guidance/pensions-and-compensation-for-veterans https://www.gov.uk/guidance/pensions-and-compensation-for-veterans 92 recognitions, or honorary pension entitlements for medal winners, although occasional discretionary awards or career transition grants may be available on a case-by-case basis. Conclusion Old-Age Benefits & Pensions The UK’s old-age benefits system offers basic state pension support for athletes who meet NI contribution requirements, but does not provide a sport-specific pension framework for elite athletes. While athletes employed by clubs or the military enjoy full pension protection, those supported through grant-based models—such as Olympic athletes—must rely on voluntary contributions or private arrangements. The lack of automatic pension coverage remains a significant structural gap, with long-term implications for athletes’ financial security after retirement from sport. Invalidity & Disability Benefits In the UK, invalidity and disability-related support is delivered through a comprehensive but generalist welfare framework, which applies to all residents based on their needs rather than their profession. There are no disability protection schemes specifically designed for elite athletes, though athletes who acquire a disability—whether during their sporting career or later in life—may access the same benefits as the general population, subject to eligibility. The main state benefits available in this area are: Personal Independence Payment (PIP)38 This is a non-means-tested benefit for individuals aged 16 to State Pension age who have a long-term health condition or disability that affects their ability to carry out everyday activities or mobility. Eligibility is assessed through a points-based system based on medical evidence and functionality. PIP is not contingent on employment status or contributions, making it potentially accessible to elite athletes who become disabled during or after their careers. Employment and Support Allowance (ESA)39 ESA is available to individuals who cannot work due to illness or disability. It can be contributory (based on National Insurance) or income-based (now rolled into Universal Credit). APA-funded athletes may have difficulty qualifying for contributory ESA due to the lack of NI contributions, but may apply for the income-based version if they meet residency and financial requirements. 38 The Personal Independence Payment is regulated by The Social Security (Personal Independence Payment) Regulations 2013. Further details are available here: https://www.gov.uk/pip 39 Further details about the Employment and Support Allowance can be found here: https://www.gov.uk/employment-support-allowance https://www.gov.uk/pip https://www.gov.uk/employment-support-allowance 93 Attendance Allowance40 and Disability Living Allowance (DLA)41 Attendance Allowance is for people over State Pension age who need help with personal care due to disability; DLA is being phased out and replaced by PIP for most working-age individuals, but is still paid to some existing claimants, particularly children. Athletes who acquire a disability are also eligible, in principle, for accessible housing support, disabled parking permits, concessionary travel, and adapted equipment grants—though access depends on local authority assessments and services. Sport-Specific Protection There is currently no formal invalidity insurance scheme operated by UK Sport or NGBs elite athletes. Athletes may be covered by private sport accident insurance arranged through their NGB while they are on the World Class Programme. However, coverage terms may vary and coverage typically ends upon deselection or exit from the programme. Athletes employed by the armed forces benefit from stronger institutional protection. The Armed Forces Compensation Scheme (AFCS)42 provides financial compensation for injuries or illnesses caused or worsened by military service, including during sporting activities undertaken in service. Payments can be made as lump sums or in the form of Guaranteed Income Payments for long-term incapacity. Conclusion Invalidity & Disability Benefits The UK welfare system provides a wide range of invalidity and disability-related benefits, but none are designed with elite athletes in mind, and access may be complicated by gaps in contribution records or unclear eligibility under generalist rules. While military and club- employed athletes benefit from more secure institutional schemes, APA-funded athletes are left to navigate public benefits on their own, with limited transitional support and variable access to private insurance. The absence of a structured, sport-specific invalidity safety net represents a significant vulnerability in the UK athlete protection framework. Survivors’ Benefits Survivor protection in the United Kingdom is primarily delivered through the general welfare and pension systems, which provide financial support to the spouses, civil partners, and (in some cases) dependent children of deceased individuals. These benefits are not profession- specific and apply to eligible residents based on contribution history, family status, and 40 The Attendance Allowance is regulated by the Social Security (Attendance Allowance) Regulations 1991. Further details about the scheme can be found here: https://www.gov.uk/attendance-allowance 41 The Disability Living Allowance is regulated by the Social Security Contributions and Benefits Act 1992. Further details about the scheme can be found here: https://www.gov.uk/disability-living-allowance-children 42 Further details about the Armed Forces Compensation Scheme can be found here: https://www.gov.uk/guidance/pensions-and-compensation-for-veterans https://www.gov.uk/attendance-allowance https://www.gov.uk/disability-living-allowance-children https://www.gov.uk/guidance/pensions-and-compensation-for-veterans 94 residency. As with other branches of social protection, there are no athlete-specific survivor benefits in the UK—meaning that access depends entirely on the legal and financial status of the athlete at the time of death. Bereavement Support Payment (BSP) The principal survivor benefit in the UK is the Bereavement Support Payment (BSP),43 available to the surviving spouse or civil partner of a deceased person who paid sufficient National Insurance (NI) contributions, or died as a result of an industrial accident or disease. BSP consists of an initial lump sum payment (£3,500 if the survivor has dependent children; £2,500 otherwise), and up to 18 monthly payments (£350 or £100/month, respectively). Importantly, this benefit is only available to legal partners (marriage or civil partnership is required), and not to cohabiting partners or children alone. Furthermore, BSP is contribution- based: if the deceased had not paid sufficient NI contributions, no benefit will be awarded. Survivor Benefits from Occupational or Military Pensions Athletes employed the armed forces may benefit from occupational pension schemes that include survivor benefits. Military athletes are covered by the Armed Forces Pension Scheme (AFPS),44 which provides survivor pensions and death-in-service benefits to spouses, civil partners, and eligible children. The AFPS also includes the Armed Forces Compensation Scheme (AFCS),45 which may pay additional compensation if the death is linked to service. In both cases, these survivor benefits are clearly defined, structured, and accessible without recourse to general welfare schemes. They represent a far stronger level of protection than is available to APA-funded civilian athletes. Absence of Athlete-Specific Survivor Measures There are currently no national sport-specific policies or insurance schemes in place that guarantee survivor benefits for elite athletes outside club or military employment. UK Sport does not currently offer survivor coverage or contribute to long-term survivor pensions. The BEAA may offer informal support or help families navigate the benefits system, but has no mandate or capacity to provide direct financial assistance. Conclusion Survivors’ Benefits The UK system provides basic survivor protection through general public benefits and occupational pension schemes—but elite athletes who are not formally employed may fall outside this safety net. Survivor entitlements rely on the deceased person’s NI contribution 43 Further details about the scheme can be found here: https://www.gov.uk/bereavement-support-payment 44 Further details about the Armed Forces Pension Scheme can be found here: https://www.gov.uk/guidance/pensions-and-compensation-for-veterans 45 Further details about the Armed Forces Compensation Scheme can be found here: https://www.gov.uk/guidance/pensions-and-compensation-for-veterans https://www.gov.uk/bereavement-support-payment https://www.gov.uk/guidance/pensions-and-compensation-for-veterans https://www.gov.uk/guidance/pensions-and-compensation-for-veterans 95 record, which is often incomplete or non-existent in the case of publicly funded, grant-based athletes. Club-employed or military athletes benefit from clearly defined survivor pensions and death-in-service benefits, but these do not extend to most APA-funded athletes. This lack of institutional coverage for athlete families in the event of death reflects a broader structural exclusion of elite athletes from the core protections of employment-based welfare systems. Minimum Income The United Kingdom does not operate a dedicated minimum income scheme for elite athletes. However, elite athletes may be eligible for income support through two main channels: 1. General welfare provisions available to all residents under defined eligibility criteria; and 2. Targeted public funding provided by UK Sport via the World Class Programme. Together, these mechanisms form a partial and conditional income safety net—one that depends heavily on the athlete’s status (e.g. selection to a programme), financial need, and contribution history. Universal Credit and Other State Benefits Elite athletes who are unemployed or on low income may be entitled to Universal Credit (UC)— the UK’s main means-tested benefit for working-age individuals. Universal Credit is a monthly cash payment, combining several benefits (e.g. housing support, income support, child tax credits) into one system. Eligibility depends on income, savings, household composition, and residence status. Importantly: Athletes who transition out of elite sport may also apply for Jobseeker’s Allowance (contribution-based, time-limited) or Employment and Support Allowance (in case of injury or health-related incapacity to work), subject to National Insurance contribution history. However, athletes may lack sufficient contribution records to qualify for contributory benefits, and may not meet all eligibility conditions for means-tested ones either. Athlete Performance Award (APA) – Public Funding Mechanism The Athlete Performance Award (APA) is the most important form of targeted minimum income support for elite athletes in the UK. Funded by UK Sport and administered via National Governing Bodies (NGBs), the APA is a tax-free, means-tested grant provided to athletes selected for the World Class Programme. Key features: • The APA is awarded based on performance level (e.g. Podium, Podium Potential); • It is conditional on annual income being below £65,000, excluding student loans; 96 • It does not constitute a salary and does not confer employment status; • APA recipients may lose funding if deselected, making the system inherently unstable. While the APA provides essential income support for full-time training and competition, it is: • Only available to athletes in Olympic sports; • Not available during career transitions unless specifically extended (e.g. short-term transition funding); • Subject to fluctuations and withdrawal based on performance or team selection. Hardship Fund and Additional Temporary Support In response to the cost-of-living crisis, UK Sport established a Hardship Fund, offering up to £1,500 in support to athletes facing exceptional personal or financial challenges. Initially tied to unforeseen events, the criteria were later relaxed to expand access. In 2023, a £500 one-off cost-of-living payment was also made available to APA-funded athletes. While these measures represent important ad hoc support, they do not constitute structural minimum income protection. Conclusion Minimum Income There is no formal minimum income guarantee for elite athletes in the UK. Instead, support relies on a combination of public welfare schemes and performance-based grant funding through UK Sport. While the APA offers crucial financial stability for some, its eligibility is tightly linked to selection status and does not extend across the athlete population. Universal Credit provides an important fallback, but requires navigating a complex contribution-based system. As such, significant income insecurity remains a feature of the elite sport model, particularly for athletes outside team sports or military employment. 4.5.3. Conclusion and Takeaways The UK offers a broad and well-established welfare state grounded in universal healthcare and a mix of contributory and means-tested benefits. Elite athletes, as UK residents and citizens, may in principle access many of these protections. However, in practice, the applicability and adequacy of this support are uneven and often dependent on an athlete’s employment status, institutional affiliation, and performance pathway. Athletes employed by clubs or serving in the armed forces benefit from formal employment relationships, granting them access to maternity and paternity leave, pensions, and employer- based protections. By contrast, Olympic athletes solely supported through UK Sport’s World Class Programme are not classified as employees or workers. As confirmed in the Varnish case, these athletes do not benefit from employment rights, nor are they covered by sectoral employment protections. 97 This legal status has significant implications. It limits access to statutory income replacement (e.g., Statutory Sick Pay, Maternity Pay), prevents automatic enrolment in pension schemes, excludes athletes from employment injury coverage, and leaves them reliant on a grant-based model with no guaranteed long-term security. Access to state benefits (such as Universal Credit, Employment and Support Allowance, or Bereavement Support Payment) may also be restricted due to irregular income patterns and gaps in National Insurance contributions. Critically, there is no formal protection in cases of long-term sickness, disability, or death, apart from what is provided to athletes employed in clubs or the armed forces. Good Practice Despite these structural limitations, there are examples of good practice that respond to the unique needs of elite athletes. One notable example is UK Sport’s pregnancy and maternity policy for APA-funded athletes. This policy recognises the pressures faced by female athletes and includes tailored provisions that allow for continued grant eligibility, access to private medical insurance, and structured support for return to training. While still not universally binding on all NGBs, this measure represents a meaningful step toward gender-sensitive athlete protection and serves as an emerging standard of care. Similarly, the Athlete Medical Scheme provides world-class medical support while athletes are active on the World Class Programme, enabling access to private care that exceeds standard NHS provision. These supports are essential to performance and recovery but remain conditional, temporary, and non-statutory. Challenges • Lack of structural integration: Elite athletes are not recognised as a legal category within the UK welfare system, and there is no systematic integration of their status into public benefit frameworks. • Inconsistency across sports: While UK Sport provides central policies, implementation is largely left to NGBs. This may result in uneven application of athlete protections, with varying access to support. • Protection gaps in high-risk scenarios: APA-funded athletes have no structural protection in cases of long-term illness, invalidity, or death. Survivor benefits are tied to contribution-based entitlements, which many athletes lack. There is no death-in- service scheme or guaranteed compensation in the event of career-ending injury or disability. • Career transition and long-term security: While short-term transition funding exists, the UK system does not provide structured pension provision or long-term planning support 98 for most elite athletes outside team sport or the military. This creates vulnerability, especially during deselection, retirement, or life transitions. Takeaways • The UK offers relatively strong universal services, but limited athlete-specific entitlements outside of military and professional club employment settings. • Grant-funded athletes, despite being publicly supported and subject to structured obligations, remain outside the scope of employment law and do not benefit from the protections afforded to comparable categories of workers. • Some promising practices, such as the APA-linked maternity policy and hardship funding, demonstrate institutional responsiveness and could be developed into more permanent features of athlete protection. • Key gaps remain in legal status and social security integration, pension provision and long-term planning mechanisms, disability, sickness and survivor protection and consistency of implementation—areas that will require further policy attention to ensure sustainable and equitable protection for elite athletes across the UK sport system. 99 5. Athletes’ and Stakeholders’ Awareness and Viewpoints 5.1. Description of Athlete Sample As for 31 May 2025, a total of 119 athletes from nine different countries filled in the survey- toolkit for athletes. Table 1: Countries of Surveyed Athletes. Country Number of Respondents Croatia 8 Germany 69 Ireland (Republic of) 1 Malta 1 Poland 15 Portugal 19 Slovakia 1 Ukraine 1 Missing 4 Table 2: Sports of Surveyed Athletes. Country Number of Respondents Athletics 15 Triathlon 8 Rowing 8 Sailing 5 Fencing 4 Football 4 Shooting 4 Swimming 4 Water polo 4 Cycling 3 Judo 3 Handball 3 Surfing 2 Climbing 2 Figure Skating 2 Baseball 2 Badminton 2 Speedskating 2 Orienteering 2 Other (1 respondent each) 24 Missing 16 100 Of the 119 athletes, 58 identify with the female gender (48.7%) while 61 (51.3%) are male. The surveyed athletes come from a variety of Olympic and Paralympic but also some non-Olympic sports (see Table 2). The average age of the responding athletes is 23.3 years (SD=6.46) with the youngest athlete aged 17 and the oldest 62. 82 of the 119 athletes (68.9%) are below the age of 25. In terms of the highest level of education, 32.2% of the athletes have completed a university or vocational education. Table 3: Highest Level of Education of Surveyed Athletes. Highest level of education Number of Respondent Primary school 4 Secondary school 76 Vocational training 4 Bachelors 24 Masters 9 Doctorate 1 Missing 1 93 of the responding athletes (78.8%) indicate that they have competed in international competitions, including youth competitions with 20 athletes having participated in the Olympic Games and 59 in senior World Championships of their respective sport. Table 4: Highest Competition Level of Surveyed Athletes. Highest competition level Number of respondents International competitions 93 European competitions 15 National competitions 9 Continental competitions 1 Missing 1 5.2. Athletes’ Views on Their Individual Social Protection Situation The survey asked the responding athletes to select those of the 10 identified social protection provisions that are important to them in their current situation. For the purpose of this evaluation, the provisions “Maternity & Paternity Benefits” have been considered separately, leading to a total of 11 provisions. Figure 2 illustrates how often each of the 11 provisions have been selected as important to the responding athletes. 101 Figure 2: Absolute Quotation of Social Protection Provisions as "Important". For those provisions selected as “important”, the athletes were asked to assess the perceived adequacy of their current protection for this provision on a 7-point Likert scale.46 Figure XY depicts the mean perceived adequacy, the range of the standard deviation as well as the minimum and maximum values indicated for each provision. Figure 3: Perceived Adequacy of Provisions Considered as "Important". The combined average perceived adequacy across all 11 provisions is 3.03 on the 7-point Likert scale. 46 The respective statements read as follows: I feel that I have access to adequate [social protection benefit] through my activities as an elite athlete. The items on the 7-point Likert scale were: 1 - Strongly disagree, 2 – Disagree, 3 - Somewhat disagree, 4 - Neither agree nor disagree, 5 - Somewhat agree, 6 – Agree,7 - Strongly agree 0 10 20 30 40 50 60 70 80 Number of times indicated as "Important" 102 Figure 4: Consideration of Social Protection in Making Career Decisions. The survey asked the athletes whether they include their social protection situation in their sporting career decision making. Most of the responding athletes do currently consider their social protection coverage only occasionally when making such. Only 8.5% always take their social security situation into account. On the other side, 22.9% of the participants indicated that they never do so. Figure 5: Influence of Social Protection Coverage on Career Decisions. The athletes were also asked if their social protection coverage influenced their decisions in terms of their sporting career and whether they are aiming to change this pattern in the future. The majority of athletes did not take decisions on their sporting career with respect to their social security situation in the past. When it comes to the future, however, more than 22,9% 36,4% 32,2% 8,5% 0,0% 5,0% 10,0% 15,0% 20,0% 25,0% 30,0% 35,0% 40,0% Never Rarely Sometimes Always Social protection considered when making decisions regaring the sporting career (n=118 athletes) 20,9% 18,2% 10,9% 26,4% 13,6% 8,2% 1,8% 8,3% 9,2% 6,4% 22,0% 26,6% 15,6% 11,9% 0,0% 5,0% 10,0% 15,0% 20,0% 25,0% 30,0% Strongly Disagree Disagree Somewhat disagree Neither agree nor disagree Somewhat agree Agree Strongly agree Decisions regarding the athlete's sporting career influenced by (in)adequate social protection coverage (n=110 athletes) Consideration Past Consideration Future 103 50% of the survey participants are planning to consider this aspect in upcoming decisions (compared to less than 25% who already did it in the past). Only roughly a quarter of the athletes want to keep disregarding their social security situation to some extent when taking sporting decisions. Furthermore, more than 50% of participating athletes indicated that they will consider social protection more in the future than they did in the past when taking decisions on their sporting career. Figure 6: Relative Change of Consideration of Social Protection from Past to Future Decisions. As regards the education about different types of social protection benefits and access to the same, almost 50% of the responding athletes either disagreed or strongly disagreed with the statement that they felt sufficiently education. This indicates that comprehensive information on their social protection is either not available or not effectively communicated. Figure 7: Evaluation of Sufficiency of Education on Social Protection. 53,6% 7,3% 39,1% Considering social protection more in the future than in the past when taking decisions on sporting career (n=110 athletes) Yes No Even 28,7% 26,1% 19,1% 11,3% 8,7% 4,3% 1,7% 0,0% 5,0% 10,0% 15,0% 20,0% 25,0% 30,0% 35,0% Strongly Disagree Disagree Somewhat disagree Neither agree nor disagree Somewhat agree Agree Strongly agree I feel sufficiently educated regarding the different types of social protection benefits to which I am entitled (n = 118 athletes) 104 A final question asked the athletes about the perceived responsibility to provide information and education about social protection benefits. Athletes could select multiple entities. 88.2% of all responding athletes indicate that their respective national federation has a responsibility to educate them. This is followed by clubs, NOCs and the national government. International organisations, like the IOC (19,3%) or an athletes’ respective international federation (26.1%) are not assigned a similar responsibility by responding athletes. Figure 8: Entities Considered as Responsible to Educate Athletes about Social Protection. 5.3. Stakeholders’ Views At the date of writing this report, a total of 32 stakeholders responded to the survey-toolkit for stakeholders. The type and geographical scope of the participating organisations differ significantly (see Figure 9). The stakeholders were, firstly, asked about the type of the organisation they are representing. The results to this question revealed that most of the organisations that participated in the survey were sport federations and associations (12), followed by athlete organisations (6) and sport clubs (5). Only few umbrella organisations (3) and Olympic committees (3) took part. 19,3% 26,1% 41,2% 42,9% 88,2% 42,9% 15,1% 5,0% 5,0% 1,7% 0,0% 20,0% 40,0% 60,0% 80,0% 100,0% IOC International Federation Government NOC NF Club Coach Sponsor Other None Responsible entity(ies) to educate athletes about their social protection benefits (n = 118 athletes) 105 Figure 9: Organisation Type of Surveyed Stakeholders. Most representatives indicated a national reach when being asked about the scope of their organisation (18). Only have as many stakeholders (9) stated that they are operating on an international level. Organisations with a main focus on the local (3) and continental scope (2) were only rarely represented Figure 10: Scope of Organisation of Surveyed Stakeholders. Besides organisations from Croatia (8), Poland (4), and Portugal (2), every other stakeholder who participated in the survey is the only one from their respective country of origin. Among these solely represented countries are Cyprus, Finland, France, the Republic of Ireland, Romania, Slovenia, and the UK. 2 5 12 3 3 0 1 6 0 0 0 2 4 6 8 10 12 14 Other Sport Club Sport Federation/Association Olympic Committee (National, Continental,… Umbrella Organisation Ministry responsible for sport Public agency tasked with the promotion of… Athlete organisation (union, association etc.) Public entity (e.g. military, police) Private entity (e.g. foundation, company) Count Organisation Type (n=32 stakeholders) 3 0 18 2 9 0 5 10 15 20 Local Sub-national/regional National Continental International Count Scope of Organisation (n=32 stakeholders) 106 Figure 11: Country of the Organisation of Surveyed Stakeholders. The stakeholders were also asked to indicate the type of contractual relationships that exist between their organisation and the athletes they support. Four out of ten stakeholder organisations sign athlete and participation agreements with “their” athletes. A slightly smaller share offers scholarships and grant agreements, while only 6.3% of the participating organisations employ elite athletes. Figure 12: Contractual Relationship with Athletes. Most of the stakeholders stated that social protection is a core concern of their organisation - 29% agreed strongly with such a statement. Only less than 20% disagreed to some extent that social protection is a main topic to them. 8 1 1 1 1 4 2 1 1 1 0 1 2 3 4 5 6 7 8 9 Count Country of the organisation (n=21 stakeholders) 6,3% 40,6% 37,5% 0,0% 21,9% Contractual relationship between the organisation and the athlete it supports (n=32 stakeholders) Employment as elite athlete Athlete agreements / participation agreements Scholarships and grant agreements Civil service Other 107 Figure 13: Consideration of Social Protection as an Organisational Priority. Further, the stakeholders were asked to name the five most important social protection measures for elite athletes to their organisation. They could choose from a list of 11 provisions (s. chart). In most cases, “Health Protection,” “Employment Injury Benefits,” and “Sickness Benefits” were considered important by the surveyed organisations. Survivors’ and Paternity Benefits were only added in 3.1% respectively 6.3% of the cases to the individual ranking of the five most important provisions. Figure 14: Stakeholder's Top 5 Most Important Social Protection Provisions. The stakeholders were also interrogated whether they assume that an athlete's social protection situation has an effect on athletes’ personal career planning. The majority stated that there is such an effect: Over 40% of the organisations strongly agreed with this thesis. Another combined 40% also agreed or somewhat agreed. Only 6.5% strongly disagreed. 9,7% 3,2% 6,5% 16,1% 19,4% 16,1% 29,0% 0,0% 5,0% 10,0% 15,0% 20,0% 25,0% 30,0% 35,0% Strongly Disagree Disagree Somewhat disagree Neither agree nor disagree Somewhat agree Agree Strongly agree The social protection of athletes is a core concern of my organisation (n = 31 stakeholders) 46,9% 43,8% 6,3% 34,4% 71,9% 56,3% 81,3% 46,9% 28,1% 3,1% 50,0% 0,0% 20,0% 40,0% 60,0% 80,0% 100,0% Child & Family Benefits Maternity Benefits Paternity Benefits Unemployment Support Employment Injury Benefits Sickness Benefits Health Protection Old Age Benefits & Pensions Invalidity & Disablitiy Benefits Survivors’ Benefits Minimum Income A provision is in a stakeholder's top 5 most important social protection measures for elite athletes (n=32 stakeholders) 108 Figure 15: Effect of Athletes' Social Protection on Career Planning. The responses were a bit less skewed but still rather clear when the stakeholders had to give their assessment on the following statement: “An athlete's social protection situation has an effect on athletes’ sporting performance.” 35.5% of the organisations strongly agreed to the statement, while on the counterpart 19.5% are convinced at least to some extent that social protection has no effect on the sporting performance of athletes. Figure 16: Effect of Athletes' Social Protection on Sporting Performance. Another question addressed the social protection situation of the athletes the surveyed stakeholder supports and whether this protection is sufficient. Most of the organisations were undecided in this regard. A slight tendency went, however, in the direction of stating that the supported athletes’ social protection status is adequate. 6,5% 0,0% 0,0% 12,9% 19,4% 19,4% 41,9% 0,0% 5,0% 10,0% 15,0% 20,0% 25,0% 30,0% 35,0% 40,0% 45,0% Strongly Disagree Disagree Somewhat disagree Neither agree nor disagree Somewhat agree Agree Strongly agree An athlete's social protection situation has an effect on their career planning (n=31 stakeholders) 6,5% 6,5% 6,5% 3,2% 22,6% 19,4% 35,5% 0,0% 5,0% 10,0% 15,0% 20,0% 25,0% 30,0% 35,0% 40,0% Strongly Disagree Disagree Somewhat disagree Neither agree nor disagree Somewhat agree Agree Strongly agree An athlete's social protection situation has an effect on their sporting performance (n=31 stakeholders) 109 Figure 17: Evaluation of Social Protection of Athletes' Supported by the Organisation. 0,0% 11,8% 5,9% 47,1% 29,4% 5,9% 0,0% 0,0% 10,0% 20,0% 30,0% 40,0% 50,0% Strongly Disagree Disagree Somewhat disagree Neither agree nor disagree Somewhat agree Agree Strongly agree The athletes my organisation supports receive adequate social protection (n=17 stakeholders) 110 6. Analysis: Comparative Perspectives on Athletes’ Social Protection in European Countries 6.1. Institutional Frameworks Elite athletes in Europe often operate in a grey zone of professional labour, navigating intense demands akin to full-time employment while lacking the conventional benefits afforded to regular workers (see also O’Leary et al. 2024). As such, their social protection is a pressing governance issue at the intersection of sport policy and welfare regimes. This report has examined two principal components of elite athletes’ social protection across five European countries: (1) statutory social protection integrated into general welfare systems, and (2) athlete-specific measures tailored to the unique career structures and risks of high- performance sport. The analysis reveals a fragmented and uneven landscape, where access to protection depends heavily on national legal traditions, the classification of athletes within legal and policy frameworks, and the degree of institutional coordination between state and sport bodies. The report draws on a comparative approach to assess the different mechanisms through which elite athletes receive social security, retirement support, and post-career assistance. 6.2. Statutory Protection Statutory protection refers to access to general social welfare provisions under a country’s national legal framework in line with the ten identified provisions enshrined in transnational frameworks on social protection. In some European countries, these protections are formally extended to elite athletes through specific classifications within public employment schemes or broader social laws. However, the extent of access varies widely depending on the legal recognition of athletes’ employment-like status and their integration into national welfare systems. 111 Figure 18: Comparison of Legal Source for Statutory Coverage by Country. 6.2.1. Public Employment Models Croatia, Germany and Poland recognise elite athletes within public employment structures, allowing them access to social benefits through formal state schemes. In these cases, athletes may be treated analogously to civil servants, soldiers, or public employees, depending on the legal configuration and entities offering employment opportunities. Germany has developed the most advanced of such schemes with a large portion of elite athletes enrolled in so-called sport support groups. In fact, stakeholder consultation has revealed that in principle any elite athlete of the two highest performance cadres (Olympic and Perspective) may join such groups.47 6.2.2. Extension of Legal Status to Elite Athletes In Croatia access to statutory social protection is granted to athletes of the highest performance category by virtue of the Act on Sport. Here, those very successful athletes are integrated into the general systems for health protection, old age benefits, invalidity insurance and survivors’ benefits. In Poland athletes who are recipients of state sports scholarships—particularly those who are members of national teams—are considered employees for social security purposes. According to the Act on Sport (2010), combined with laws on social security (1998) and employment promotion (2004), these athletes are entitled to coverage for accidents and 47 Information obtained during the National Workshop in Germany. 112 injuries, sickness, disability, and pensions. The state contributes to income-related pension schemes on their behalf. In Portugal elite athletes listed by the Institute for Sport and Youth can enrol for the special social security schemes with contributions paid by the state. These classifications highlight the significance of legal status in determining access to public welfare benefits. Where such status is institutionalised, athletes are more likely to enjoy statutory coverage. However, this integration remains partial, with many countries lacking national-level public employment schemes for athletes altogether. 6.2.3. Challenges and Limitations Despite these advances, statutory protection for elite athletes remains incomplete in most countries. Comprehensive coverage often depends on whether the athlete is legally classified as a public employee or falls under a special category created through sport legislation. Even then, coverage is frequently limited to select groups, e.g., national team members, Olympic- level athletes, while excluding others engaged in high-level sport. Moreover, while some schemes ensure access to key welfare dimensions such as injury protection and pensions, others exclude minimum income guarantees or broader forms of social security. The effectiveness of protection also hinges on the financial commitments made by the state. In pension schemes, for instance, state contributions may vary considerably, ranging from minimum flat rates to income-related support. The role of national federations further complicates access. In some countries, the listing or classification of eligible athletes is conducted with—or entirely delegated to—sport governing bodies (SGBs), raising concerns about transparency and consistency. 6.3. Athlete-Specific Measures Where statutory mechanisms fall short, many countries have introduced athlete-specific welfare measures, particularly in the area of retirement and post-career support. These initiatives are often ad hoc and targeted, operating outside the general welfare system and reflecting a mix of public and private arrangements. 6.3.1. Public Approaches Several countries have developed athlete-specific legislation or policies that provide financial assistance upon retirement. These measures typically focus on athletes who have achieved notable success – such as medallists at Olympic or World Championship level – and are implemented through direct state action or public-private partnerships. 113 In Croatia, athletes who have won medals at major international competitions are eligible for retirement cash benefits calculated on the basis of the national average monthly income. Poland offers similar benefits, indexed to the basic monthly amount provided to civil servants. Portugal provides financial post-career support to elite athletes affiliated with the Olympic or Paralympic projects of its national Olympic committee. This support is delivered through sport- specific channels but backed by public funds. 6.3.2. Delegation and Hybrid Models Germany presents a hybrid model. A monthly subsidy of up to €250 is offered to athletes with recognized cadre/support status (e.g., members of the Top Team Future program). The subsidy is provided by the Ministry of the Interior but channelled through the German Sports Aid Foundation, which collaborates with private pension insurance providers. The United Kingdom takes a different route by delegating the administration of transitional funds to National Federations. According to UK Sport’s policy framework, retiring elite athletes receiving an Athlete Performance Award can access short-term financial assistance for up to three months. This approach relies on public funding but places responsibility for disbursement on SGBs. In most cases, eligibility is tightly linked to athletic achievement. High performance – measured through medals, rankings, or participation in prestigious events – is a prerequisite for support. This logic reinforces a meritocratic model that privileges sporting success over broader welfare considerations. 6.3.3. Institutional Actors and Gaps Athlete-specific measures involve a range of actors: government ministries, national Olympic committees, SGBs, and private insurers. However, they tend to be fragmented across jurisdictions and lack a coherent regulatory framework. In most countries, private initiatives – such as those initiated by federations or athlete associations – are rare and often limited to short-term or event-specific provisions. One notable absence across the examined countries is the use of collective bargaining agreements (CBAs) or social dialogue. These could potentially standardise protection and reinforce athletes’ rights through negotiated frameworks but are rarely employed in the sport sector. 114 6.4. Comparative Patterns and Governance Gaps Both statutory and athlete-specific welfare measures for elite athletes show considerable cross-national variation. Statutory protection is more robust in countries with clear legal definitions and strong coordination between the welfare state and sport institutions. Yet, even in these contexts, coverage remains partial and conditional. The effectiveness of statutory routes depends on athletes’ legal classification, access to public employment schemes, and the actual value of benefits. While general social laws provide a foundation, integration often requires additional sport-specific legislation. Athlete-specific measures, in contrast, function more like compensatory interventions. They aim to fill gaps left by the general system but are highly variable, selective, and often temporally limited. Their implementation reflects broader trends in sport governance: delegation to SGBs, mixed public-private funding, and limited regulatory oversight. Despite the increasing visibility of athlete welfare on the policy agenda, core social protections such as minimum income, full pension integration, and long-term employment security remain elusive. The current system relies heavily on athletes’ elite status and recent performance, with little recognition of the broader social risks they face throughout and after their careers. The institutional landscape of athlete welfare in Europe reflects a hybrid model combining elements of public regulation, private autonomy, and performance-based selection. This model is both adaptive and problematic. On one hand, it allows for flexibility and national variation; on the other, it leads to fragmentation, inequality, and unpredictability. A key challenge lies in the ambivalent role of the state. In some contexts, governments legislate and provide direct support; in others, they delegate responsibility to sport bodies, often without the regulatory mechanisms needed to ensure adequate provision. This ambiguity contributes to a patchwork of provisions that lack coherence and accountability. Moreover, the dominant performance-based approach reinforces inequalities within the athlete population. While medal-winning athletes may access retirement benefits and subsidies, others, particularly just below top-tier status, often remain excluded. Finally, the absence of collective negotiation mechanisms limits athletes’ ability to shape the rules that govern their welfare. Unlike other labour sectors, Olympic sport in many countries lacks institutionalised independent channels for athlete representation in welfare policymaking (cf. McNamee et al., 2023). 6.5. Social Protection for Elite Athletes in Europe: Preliminary Reform Options The social protection framework for elite athletes across Europe remains insufficient, inconsistent, and excessively tied to athletic performance. This report highlights the urgent 115 need for a rights-based and inclusive approach that harmonises statutory protections with sport-specific support mechanisms under reinforced good governance structures. The following key policy recommendations have been identified: • Formal Recognition of Athletes as Workers: Granting professional athlete status to ensure full access to social security benefits. • Integrated Policy Systems: Developing cohesive frameworks covering all ten essential protection areas (e.g., health, pensions, unemployment, injury coverage). • Improved Accessibility and Guidance: Providing athletes with streamlined information and administrative support to navigate complex welfare systems. • Strengthened Collective Bargaining: Establishing formal representation channels for athletes to advocate for improved welfare standards. • Limited Harmonisation: Considering the diverse characteristics of national sport political decision-making processes, assessments about "optimal" adaptation and participation models have limited validity. Such conclusions can only be drawn within the context of each country's constitutional framework, institutional structures, and political parameters - and sometimes must be evaluated specifically in light of the particular policy area in question. A paradigm shift in how elite athletes are institutionally positioned within the Olympic sport ecosystem is critically required to guarantee their fundamental rights and long-term security – both during and after their competitive careers. 6.6. Summary: Good Practices and Key Challenges This comparative analysis underscores the institutional complexity of athlete welfare in Europe. While statutory social protection and athlete-specific measures provide some safety nets, they remain insufficient to meet the structural vulnerabilities of elite athletes. The dependence on legal classification, performance metrics, and fragmented implementation leaves many athletes without stable or comprehensive protection. As this report has shown, elite athletes’ social protection is strongly contingent on a legal status as worker, employed person, civil servant or soldier. While most athletes in Olympic sports may not be employed by a sporting actor, e.g., a club or a sport federation, public employment models, most commonly with the military, offer comprehensive social protection coverage for athletes enrolled therein. While such models account for athletes’ human right to social protection, it remains an open question whether the “detour” through public employers is a fair and suitable reflection of the services that elite athletes provide to several entities and organisations, who are, however, not the entities employing the athletes. This being said, the recognition of elite athletes as workers in their own right who provide services to sporting actors 116 and, potentially public authorities, remains a key challenge for their holistic social protection (cf. O’Leary et al., 2024). In all investigated countries, specific policies and measures to enhance the level of protection for elite athletes are in place. While there are different ways to ensure social coverage (see section 6.1), national-level stakeholders generally show an increasing awareness of the topic. Yet, in the absence of robust legal frameworks acknowledging athletes as workers with full integration into statutory systems, the developed solutions appear fragmented across the different provisions (e.g., an increase in new maternity policies vs. no action in unemployment support). This is in contrast to developments at the global level, where social protection is increasingly seen as a holistic phenomenon and should not be fragmented in single provisions (cf. ILO, 2024). Such fragmentation also leads to a high degree of complexity which many athletes currently find challenging to navigate. 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European Observatoire of Sport and Employment. https://educamp.coni.it/images/documenti/mercatolavoro/vocasport_en.pdf https://www.seg-social.pt/seguro-social-voluntario https://sns.gov.pt/ Assessing, Evaluating, and Implementing Athletes’ Social Protection in Olympic Sports Erasmus+ SOPROS (Project 101090790) Institute of European Sport Development and Leisure Studies German Sport University Cologne © 2025

Mit mehreren Vorträgen waren Forschende des IKM bei der diesjährigen Konferenz der International Association for Communication and Sport (IACS) in Chicago, USA vertreten. Im Rahmen des Panels “The Future of Sports Coverage“ präsentierte Dr. Christoph Bertling den Vortrag “The Old ‘Market for Lemons’ or A New Approach to Quality? On the Ambivalent Value of Digital and AI Tools in Sports Journalism”, den er gemeinsam mit Jun.-Prof. Dr. Daniel Nölleke ausgearbeitet hat. Das IKM war auch im Panel “Media and Olympics” beteiligt: Jun.-Prof. Dr. Daniel Nölleke wirkte an der Entwicklung des Vortrags “Medals and the Power of the Media: Reactions of Olympic Athletes” mit, zusammen mit Thomas Horky, Frauke Hachtman und Meistra Budiasa. Die Konferenz fand vom 13. bis 15. März 2025 in Chicago statt und brachte Fachleute aus verschiedenen Ländern zusammen, um aktuelle Entwicklungen in der Sportkommunikationsforschung zu diskutieren und internationale Netzwerke zu stärken. Die IACS setzt sich dafür ein, wissenschaftliche Erkenntnisse an der Schnittstelle von Kommunikation und Sport zu fördern. Mehr zum Journal Communication & Sport .

Tel.: 030 206292-0 Fax: 030 206292-15 Tel.: 0228 887-0 Fax: 0228 887-110 Leipziger Platz 11 10117 Berlin Ahrstraße 39 53175 Bonn post@hrk.de www.hrk.de post@hrk.de www.hrk.de Beschluss der 38. Mitgliederversammlung der HRK am 14. Mai 2024 in Fulda Auf dem Weg zu mehr Geschlechtergerechtigkeit bei Berufungen – Selbstverpflichtung der deutschen Hochschulen 2 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 I. Fünf Ziele auf dem Weg zu mehr Geschlechtergerechtigkeit bei Berufungen Bezugnehmend auf die Entschließung der 35. HRK-Mitgliederver- sammlung am 15.11.2022 "Zur Situation von Frauen auf Karriere- wegen an deutschen Hochschulen" bekräftigen die Hochschulen mit dieser Selbstverpflichtung ihr nachhaltiges Engagement zur Optimierung von Gleichstellung und Geschlechtergerechtigkeit bei Berufungen an den Hochschulen in Deutschland. In der vergangenen Dekade wurden an den Hochschulen im Bereich Gleichstellung, Geschlechtergerechtigkeit und Inklusion deutliche Fortschritte erzielt. Viele Hochschulen haben umfassende Konzepte für die Gewinnung und Förderung von Wissenschaft- lerinnen entwickelt; auf allen Karrierestufen ist ihr Anteil kontinuierlich angestiegen. Entschlossenes Handeln ist nun deutschlandweit notwendig, um strukturelle Ungleichheiten weiter abzubauen und international kompatibel zu agieren. Die deutschen Hochschulen werden die erforderlichen Schritte gehen, um geschlechtergerechte Berufungsverfahren zu etablieren, eine angemessene Repräsentation der Geschlechter entsprechend dem Kaskadenmodell1 über alle Fächer und Ebenen hinweg zu erreichen, diese langfristig sicherzustellen und berufene Wissenschaftler:innen noch häufiger dauerhaft zu halten. Die vorliegende Selbstverpflichtung formuliert fünf konkrete Ziele und benennt Maßnahmen in den einzelnen Handlungsfeldern, die zur Verwirklichung eines institutionellen Kultur- und Strukturwan- dels beitragen, sowohl auf zentraler wie auf dezentraler Ebene der Fakultäten und Fachbereiche. 1. Aktive Rekrutierung zur Erweiterung des Kandidat:innen- pools: Wir werden aktive Rekrutierung als Element eines strategischen Personalmanagements und einer langfristigen und zukunftsorientierten Personalplanung zum Regelfall in Berufungsverfahren machen und diese gezielt zur Erreichung einer Geschlechtergleichverteilung nutzen. 2. Geschlechtergerechte Berufungsverfahren: Wir werden unse- re Berufungsverfahren weiter professionalisieren und auf diesem Wege geschlechtergerechte Berufungsverfahren nach- haltig etablieren. 1 Nach dem Kaskadenmodell (DFG, 2008) soll der Frauenanteil jeder wissen- schaftlichen Karrierestufe mindestens so hoch sein, wie derjenige der direkt darunterliegenden Qualifizierungsstufe. Das Kaskadenmodell berücksichtigt so die spezifischen Gegebenheiten jedes Fachs und ermöglicht damit angemessene Zielvorgaben. Vgl. https://www.dfg.de/de/grundlagen- rahmenbedingungen/grundlagen-und-prinzipien-der- foerderung/chancengleichheit/allg-informationen/gleichstellungsstandards 3 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 3. Etablierung geschlechtergerechterer Vergütungsstrukturen: Wir werden aktiv darauf hinwirken, die bestehende Einkommenslücke zwischen den Geschlechtern in der Vergü- tung von Professuren (Gender Pay Gap) weiter abzubauen und somit Gleichstellung in den Vergütungsstrukuren zu erreichen. 4. Institutionelle Verankerung von Gendersensibilisierung und Geschlechterkompetenz: Wir werden Sensibilisierungs-, Schulungs- und Dialogangebote für alle hochschulischen Zielgruppen regelhaft etablieren und auf diesem Wege Geschlechterkompetenz institutionell noch stärker verankern. 5. Institutionelles Monitoring: Wir werden den Status quo mit Blick auf Geschlechtergerechtigkeit bei Berufungen sowohl auf institutioneller als auch auf fächerspezifischer Ebene durch den Einsatz geeigneter Monitoring-Instrumente systematisch erhe- ben. Die unterzeichnenden Hochschulen verpflichten sich, durch eine von allen Hochschulgremien getragene, institutionelle Strategie auf einen nachhaltigen Kultur- und Strukturwandel an ihrer Hochschule hinzuwirken, der Geschlechtergerechtigkeit bei Berufungen – auf Grundlage einer qualitätsgeleiteten Auswahl – zur Normalität werden lässt. Zur Ermöglichung des beschriebenen kulturellen und strukturellen Wandels kommt es entscheidend auf das Zusammenspiel der verschiedenen Leitungsebenen und Einheiten innerhalb der Hochschulen an. Um die formulierten Ziele zu erreichen, müssen sich sowohl Hochschulleitungen als auch Fakultäts- und Fachbereichsleitungen Geschlechtergerechtigkeit zur Aufgabe machen und willens sein, fehlender Kenntnis bzgl. Geschlech- ter(un)gerechtigkeit und fehlender Geschlechtersensibilität zu begegnen und strukturelle und prozessuale Veränderungen auch gegen etablierte Strukturen und Bewusstseinsnormen durchzusetzen. Geschlechterspezifisches Handeln sollte dabei nicht in Konkurrenz zu Diversität gesetzt werden, sondern gemeinsam mit anderen Diversitätsaspekten gedacht werden. Die erarbeiteten Lösungswege werden mittelbar zu einem Abbau von Disparität in allen Vielfaltsdimensionen beitragen. Bei der Implementierung von Maßnahmen variieren die Handlungsspielräume der Hochschulen aufgrund unterschiedli- cher budgetärer Möglichkeiten sowie auch aufgrund hochschul- artentypischer Spezifitäten und gesetzlicher Vorgaben in den einzelnen Bundesländern. In den Bundesländern, in denen innerhalb der Hochschulcommunity erarbeitete Lösungswege vor dem Hintergrund der rechtlichen Rahmenbedingungen noch nicht anwendbar sind, werden die Hochschulleitungen aktiv das 4 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 Gespräch mit politischen Entscheidungsträger:innen suchen, um bestehende Möglichkeitsräume zu weiten. Mit Blick auf die notwendige Fachkräftesicherung für die Wissenschaft und die Innovations- und Wettbewerbsfähigkeit des Wissenschaftssystems und der Gesellschaft insgesamt liegt eine Ausschöpfung der vorhandenen Ressourcen an allen Hoch- schulstandorten im gesellschaftlichen Interesse. Im Geiste der vorliegenden Selbstverpflichtung wollen die unterzeichnenden Hochschulen zu allseitigem Nutzen als systemweites Netzwerk zusammenwirken. II. Instrumentenkasten Zur Umsetzung der Selbstverpflichtung steht ein Portfolio an Maßnahmen zur Verfügung. Zur erfolgreichen Etablierung einer geschlechtergerechten Berufungspraxis wird es darauf ankommen, die Maßnahmen in den fünf Handlungsfeldern effektiv und effizient miteinander zu verzahnen. 1. Aktive Rekrutierung zur Erweiterung des Kandidat:innen- pools Zur systematischen Etablierung einer aktiven Rekrutierung inner- halb der Institution – und somit zu einer Erweiterung des Rekrutierungspools zur Besetzung von Professuren – kann es zielführend sein, 1.1 … hochschulintern zu einem gemeinsamen Verständnis der Bedeutung von aktiver Rekrutierung für die Geschlechter- gleichstellung zu kommen. Dazu gehören nicht nur die Klärung der Frage, welche Art von Maßnahmen in welchen Fachgebieten ergriffen werden, sondern auch Festlegun- gen hinsichtlich ihres Verbindlichkeitsgrades, ihrer strukturellen Verankerung und hinsichtlich der Zuweisung von zentralen und dezentralen Verantwortlichkeiten für die Umsetzung der Maßnahmen sowie ihr Monitoring. 1.2 … Instrumente der aktiven Rekrutierung als Teil eines qua- litätsvollen institutionellen Personal- und Berufungs- managements zum Regelfall in allen Disziplinen zu machen. Disziplinenspezifische Umsetzungsoptionen zur Herstel- lung von Geschlechtergerechtigkeit sollten dabei konkret definiert und dokumentiert werden, z. B. in Berufungsleit- fäden. 1.3 … die persönliche Ansprache von potenziellen Kandidat:in- nen unterrepräsentierten Geschlechts und einen inten- siveren Austausch mit diesen Kandidat:innen durch persönliches Engagement der verantwortlichen Akteur:in- nen auf allen Ebenen zur Leitungsaufgabe zu machen. 5 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 Geeignete Formen der Ansprache sollten dabei disziplinenspezifisch festgelegt und die einzelnen persönlichen Ansprachen nachvollziehbar dokumentiert werden, um die Transparenz und Fairness von Berufungs- verfahren sicherzustellen. 1.4 … die institutionelle oder disziplinenspezifische Internatio- nalisierung in der Personalpolitik, unter Einbeziehung vorhandener Netzwerke, verstärkt voranzutreiben, um auf diesem Wege den Rekrutierungspool um Kandidat:innen aller Geschlechter zu erweitern. 1.5 … den Einsatz aktiver Rekrutierungsmaßnahmen deutlicher nach außen zu kommunizieren sowie hochschulintern und hochschulextern Wissenschaftler:innen unterrepräsentier- ten Geschlechts möglichst frühzeitig anzusprechen und zu fördern. Dabei sollte die zielgruppengerechte Kommuni- kation weiter verstärkt werden, um zu einer realistischen Einschätzung des Professor:innenberufs beizutragen und die Attraktivität der Tätigkeit zu verdeutlichen. Optionen zur Entlastung sowie auch flexiblere Formate (z. B. Tandem- oder Qualifizierungsprofessuren zusammen mit der Wirtschaft, Schwerpunktprofessuren) sollten dabei stärker in den Mittelpunkt der Kommunikation rücken, um Kandidat:innen aller Geschlechter besser anzusprechen. 1.6 … für Personen unterrepräsentierten Geschlechts Unter- stützungsmaßnahmen auf dem Karriereweg in der Wissenschaft sowohl bei "kleinen Übergängen" (erste Publikation, erste Lehrveranstaltung) als auch "großen Übergängen" (Master – Promotion, Promotion – Postdoc, Postdoc – Professur) sicherzustellen. 1.7 … Menschen unterrepräsentierten Geschlechts in der Grup- pe der Postdocs, aber auch bereits jener der Promovierenden frühzeitig mit dem Karriereweg einer Professur an den verschiedenen Hochschularten und dessen Voraussetzungen vertraut zu machen und ihnen ebenso frühzeitig einschlägige Transfer- und Praxiserfahrung durch den Aufbau entsprechender Strukturen, Vermittlung und systematische Beratung zu ermöglichen (z. B. Promotionen in der außeruniversitären Forschung oder an anderen forschungsintensiven Institutionen). 1.8 … als unterstützende Maßnahmen zur aktiven Rekrutie- rung von Wissenschaftler:innen unterrepräsentierten Geschlechts … 1.8.1 … Tenure track-Verfahren zu etablieren bzw. auszu- weiten, da diese aufgrund der größeren Planbarkeit 6 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 und Transparenz sowie der damit einhergehenden klareren Entwicklungsperspektive mit Blick auf eine weitere Beschäftigung für Personen unterreprä- sentierten Geschlechts attraktiver sind. 1.8.2 ... verstärkt flexiblere Ausschreibungsformate zur Anwendung zu bringen, z. B. Open-Topic-Konzepte, d. h. Stellen ohne Widmung bzw. bereits festgeleg- tem Arbeitsthema, Tandemprofessuren an den Hochschulen für Angewandte Wissenschaften oder auch Cluster-Berufungen mit einem Portfolio an Kompetenzen. Diese offeneren und breiteren Ausschreibungsformate sprechen erfahrungsgemäß eine größere Zahl von Personen an und bieten eine höhere Flexibilität bezogen auf die Passung, so dass der Stellenpool in seiner Gesamtheit auf hoch- qualifizierte Bewerber:innen zugeschnitten werden kann. 1.8.3 … die strategische Handlungsfähigkeit der Hoch- schulleitung über einen automatischen Rückfall freiwerdender Professuren in einen zentral verwalteten institutionellen Pool, der für Kandida- t:innen aller Geschlechter zur Verfügung steht, zu erweitern. 1.8.4 … eine verstärkte interdisziplinäre Zusammenarbeit mit den außeruniversitären Forschungseinrich- tungen zu befördern, um tradierte Strukturen aufzubrechen und aus einem erweiterten Rekrutie- rungspool schöpfen zu können. Auch Verbünde zwischen mehreren Hochschulen einer Region können ein gutes Modell sein, um Synergien zu identifizieren und gezielt zu nutzen. 2. Geschlechtergerechte Berufungsverfahren Zur systematischen Etablierung geschlechtergerechter Berufungs- verfahren innerhalb der Institution kann es zielführend sein, 2.1 … auf die Formulierung klarer, fachspezifisch adäquater Ziele hinzuwirken und fachspezifisch geeignete (ggfs. finanzielle) Anreize für die Fächer bzw. Fachbereiche und Fakultäten zu setzen. Diese sollten auf einem regelmäßigen Monitoring aufbauen und an Ziel- und Leistungs- vereinbarungen sowie ggf. auch an Maßnahmen der Sanktionierung gekoppelt werden. 2.2 … als Hochschulleitungen Geschlechtergerechtigkeit strukturell auf allen hochschulischen Ebenen zu verankern, zentrale Strukturen des Berufungsmanagement zu 7 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 implementieren, die Berufungsprozesse weiter zu profes- sionalisieren und geschlechterinklusive Berufungs- leitfäden und Checklisten als praktische Handhabe für Berufungskommissionen zur Verfügung zu stellen. 2.3 … den Dekanaten eine aktivere strategische Rolle in Berufungsverfahren zuzuweisen, um die Einhaltung transparenter und professioneller Berufungsroutinen im Zuge eines kontinuierlichen Monitorings sicherzustellen. 2.4 … eine mindestens am Kaskadenmodell orientierte Zusammensetzung der Berufungskommissionen sicherzu- stellen. Die Herstellung von Parität wird jeweils angestrebt. Die Hinzuziehung von externen wissenschaftlichen Kommissionsmitgliedern ermöglicht dabei hilfreiche institutionen- oder bundesländerübergreifende oder auch internationale Vergleiche. 2.5 … die Routinen und Standards der Beteiligung von Gleich- stellungsbeauftragten an Berufungsverfahren auf zentraler und dezentraler Ebene im Austausch mit den Gleichstel- lungsbeauftragten hochschulweit festzulegen (z. B. Zeit- punkt der Einbeziehung in die Verfahren, Rechte und Pflichten). 2.6 … Stellenausschreibungen möglichst breit anzulegen und im Hinblick auf einen etwaigen geschlechtsbezogenen implicit bias zu überprüfen. Dabei sollten im Sinne einer Weiterentwicklung des Qualitäts- und Qualifikations- verständnisses potenzialorientierte Kriterien als Teil des Kriterienkatalogs etabliert, die Gewichtung der gewählten Kriterien festgelegt und der Einsatz von Cluster- ausschreibungen geprüft werden. 2.7 …insbesondere im Vorfeld von Denominationen eine transparente und strukturierte Recherche inkl. Forschungs- feldanalysen und Potenzialanalysen durchzuführen. 2.8 … zentrale Serviceeinheiten zur Unterstützung der Fakultä- ten und Fachbereiche bei Berufungsverfahren zu etablie- ren. 2.9 … gezielte Onboarding-Maßnahmen zu ergreifen, um Neu- berufene an der Hochschule willkommen zu heißen und langfristig an die Hochschule zu binden. 8 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 3. Etablierung geschlechtergerechterer Vergütungsstrukturen Zur Erreichung von Geschlechtergerechtigkeit bei der Vergütung kann es zielführend sein, 3.1 … Berufungsverhandlungen als Hochschulleitungen und Dekanate gendersensibel zu führen und durch die Sicherstellung von verlässlicher Struktur und Transparenz einen risikoarmen Rahmen für die Verhandlungen zu schaffen. 3.2 … das Bewusstsein bei Mitgliedern von Hochschulleitungen und Dekanaten bezüglich ihrer eigenen Erwartungshaltung im Hinblick auf Normverhalten bei Berufungs- verhandlungen zu erhöhen, z. B. mithilfe von Schulungen oder externer Beratung. Als Datengrundlage sollten die Verhandlungsführenden auf Seiten der Hochschule dabei vorab eine Übersicht über die gemittelten Bezüge aller bereits berufenen Professor:innen in einem zu definieren- den Bereich erhalten. 3.3 … zur Steigerung der Transparenz eine nachvollziehbare Systematik für die Vergabe von Leistungszulagen für dienst- bezogene Aufgaben zu etablieren, die entsprechenden Regeln und Prozesse zur Vergabe dieser Leistungszulagen zu veröffentlichen und in den Hochschulgremien regel- mäßig zusammenfassend über den Prozess und seine Ergebnisse zu berichten. 4. Institutionelle Verankerung von Gendersensibilisierung und Geschlechterkompetenz Zur umfassenden Verankerung von Gendersensibilisierung und Geschlechterkompetenz innerhalb der Institution kann es zielführend sein, 4.1 … die Bewusstseinsbildung über strukturelle Geschlechter- ungleichheiten und implicit bias sowie die Reflexions- kompetenz bezüglich der Wechselwirkung der Dimension Geschlecht mit anderen sozialen Kategorien (Intersektio- nalität) durch Diskussions- und Sensibilisierungsangebote für alle Geschlechter systematisch zu fördern. Für Führungs- personal auf zentraler und dezentraler Ebene sowie für hochschulinterne Mitglieder von Berufungskommissionen sind zielgruppenspezifisch geeignete Sensibilisierungs- formate als Teil der Kommissionsarbeit anzubieten und eine Teilnahme nachdrücklich zu empfehlen. 4.2 … die eingeleiteten Maßnahmen durch eine intensivierte innerhochschulische Kommunikation zu begleiten, die die Notwendigkeit eines gesteigerten Bewusstseins für die geschlechterspezifische Dimension von Fragenstellungen 9 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 und die Bedeutung eines gegenseitig wertschätzenden Umgangs hervorhebt. Dabei sollte die gemeinsame Verantwortung aller Hochschulangehörigen für Gleich- stellung und Geschlechtergerechtigkeit verdeutlicht werden. 4.3 … im Rahmen der innerhochschulischen Sichtbarmachung die Aneignung von Geschlechterkompetenz nicht als das Abhaken von Checklisten, sondern als kontinuierlichen Lernprozess im Zuge der Organisationsentwicklung – sowohl für die Institution als auch ihre Mitglieder – zu ver- mitteln. Eine institutionelle Festschreibung zur geschlech- tergerechten Berufungspraxis kann Teil dieser Sichtbar- machung sein. Ebenso führt die Etablierung von "role models" auf allen Leitungsebenen zu gesteigerter interner und externer Sichtbarkeit und Akzeptanz. 4.4 … Netzwerke unter (neuberufenen) Menschen unterreprä- sentierten Geschlechts zu etablieren und Gender-Aspekte auch in Neuberufenenbefragungen zu integrieren. 4.5 … für Menschen unterrepräsentierten Geschlecht Coachingangebote nicht nur im Hinblick auf die wissen- schaftliche Karriere, sondern auch mit Blick auf die wissenschaftliche Selbstverwaltung vorzuhalten. Ebenso sollten geschlechterspezifische Mentoringangebote und ggf. vertrauliche Beratung2 für Personen unterrepräsen- tierten Geschlechts in Leitungspositionen vorgehalten werden.3 4.6 … Ressourcen für die individuelle und gezielte Entlastung von Wissenschaftler:innen unterrepräsentierten Ge- schlechts für anfallende Mehrarbeit durch Gremienarbeit und Führungsaufgaben innerhalb der Hochschule4 vorzuhalten. Dazu gehören z. B. zusätzliche personelle Ressourcen oder auch finanzielle Mittel. 4.7 … die Rahmenbedingungen zur Vereinbarkeit von Spitzen- positionen mit Care-Aufgaben zu verbessern.5 2 Beratungsangebote können z. B. auf den Umgang mit Rollenerwartungen, Mikroaggressionen, Diskriminierung oder Sexismus fokussieren. 3 Mentoringnetzwerke speziell in der Medizin sollten dabei aufgrund der Kom- plexität der Strukturen in der Balance zwischen Klinikbetrieb, Forschung und Lehre und der unternehmerischen Zwänge in den Universitätsklinika, die sich mit Leitungspositionen in diesem Bereich verbinden, breiter angelegt werden. 4 Dazu gehören z. B. Amt der Dekan:in oder Funktionen in Berufungs- kommissionen. 5 Dies kann z. B. durch familienfreundliche Gremienzeiten, Kinderbetreuung auch in Randzeiten oder auch Teilung von Leitungspositionen geschehen. 10 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 5. Institutionelles Monitoring Zur Etablierung eines systematischen institutionellen Monitorings kann es zielführend sein, 5.1 … ein zentrales Monitoring zur Entwicklung in den einzel- nen Fächern und Fachgebieten zu etablieren, um auf dieser Basis Erkenntnisse über die Effektivität der eingesetzten Instrumente zu erlangen. Geklärt werden sollte dabei auch, welche Konsequenzen ausbleibende Erfolge in einzelnen Bereichen haben. 5.2 … durch ein strukturiertes Monitoring der geschlechter- differenzierten Daten zur Vergabe von Leistungsbezügen eine transparente Datenlage herzustellen, indem der Gender Pay Gap über einen längeren Zeitraum und über alle Fächergruppen hinweg systematisch ausgewertet wird. 5.3 … Wissen über Ursachen und Dynamiken als Grundlage für organisationsbezogenes Handeln zu nutzen sowie die wissensbasierte Qualitätssicherung und Evaluation bei etablierten Maßnahmen, insbesondere im Bereich des Mentoring, von Anfang an mitzudenken. Dabei sollten nicht nur quantitative, sondern auch qualitative Indikatoren zum Monitoring der eingesetzten Schulungsmaßnahmen eingesetzt werden. III. Inkrafttreten und Beitritt Die Selbstverpflichtung tritt nach Annahme durch die HRK- Mitgliederversammlung in Kraft und ist bis auf Widerruf gültig. Änderungen der Selbstverpflichtung bedürfen des Beschlusses der HRK-Mitgliedersammlung. Die HRK legt die Selbstverpflichtung den Hochschulen zum Beitritt vor. Der Beitritt einer Hochschule geschieht durch Beitritts- erklärung gegenüber der HRK. Die HRK führt eine Liste der Hochschulen, die der Selbstverpflichtung beigetreten sind; diese ist öffentlich einsehbar. IV. Begleitmaßnahmen Als Begleitmaßnahme zur Selbstverpflichtung werden die Signatarhochschulen die ihrerseits institutionell etablierten Instrumente – unter Zuordnung zu den fünf Zielen der Selbst- verpflichtung – regelmäßig in die öffentlich einsehbare Datenbank des Kompetenzzentrums Frauen in Wissenschaft und Forschung CEWS eintragen (www.gesis.org/starq/inka). Das CEWS soll beauftragt werden, die Maßnahmen in regelmäßigen Abständen auf Systemebene quantitativ und qualitativ auszuwerten. 11 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 Im Sinne der Sichtbarmachung und des systemweiten Dialogs wird die HRK die Maßnahmenanalyse des CEWS sowie die aus der Datenbank generierbaren Beispiele guter Praxis als Grundlage für einen regelmäßigen Austausch zu diesen Fragen nutzen.

Tel.: 030 206292-0 Fax: 030 206292-15 Tel.: 0228 887-0 Fax: 0228 887-110 Leipziger Platz 11 10117 Berlin Ahrstraße 39 53175 Bonn post@hrk.de www.hrk.de post@hrk.de www.hrk.de Beschluss der 38. Mitgliederversammlung der HRK am 14. Mai 2024 in Fulda Auf dem Weg zu mehr Geschlechtergerechtigkeit bei Berufungen – Selbstverpflichtung der deutschen Hochschulen 2 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 I. Fünf Ziele auf dem Weg zu mehr Geschlechtergerechtigkeit bei Berufungen Bezugnehmend auf die Entschließung der 35. HRK-Mitgliederver- sammlung am 15.11.2022 "Zur Situation von Frauen auf Karriere- wegen an deutschen Hochschulen" bekräftigen die Hochschulen mit dieser Selbstverpflichtung ihr nachhaltiges Engagement zur Optimierung von Gleichstellung und Geschlechtergerechtigkeit bei Berufungen an den Hochschulen in Deutschland. In der vergangenen Dekade wurden an den Hochschulen im Bereich Gleichstellung, Geschlechtergerechtigkeit und Inklusion deutliche Fortschritte erzielt. Viele Hochschulen haben umfassende Konzepte für die Gewinnung und Förderung von Wissenschaft- lerinnen entwickelt; auf allen Karrierestufen ist ihr Anteil kontinuierlich angestiegen. Entschlossenes Handeln ist nun deutschlandweit notwendig, um strukturelle Ungleichheiten weiter abzubauen und international kompatibel zu agieren. Die deutschen Hochschulen werden die erforderlichen Schritte gehen, um geschlechtergerechte Berufungsverfahren zu etablieren, eine angemessene Repräsentation der Geschlechter entsprechend dem Kaskadenmodell1 über alle Fächer und Ebenen hinweg zu erreichen, diese langfristig sicherzustellen und berufene Wissenschaftler:innen noch häufiger dauerhaft zu halten. Die vorliegende Selbstverpflichtung formuliert fünf konkrete Ziele und benennt Maßnahmen in den einzelnen Handlungsfeldern, die zur Verwirklichung eines institutionellen Kultur- und Strukturwan- dels beitragen, sowohl auf zentraler wie auf dezentraler Ebene der Fakultäten und Fachbereiche. 1. Aktive Rekrutierung zur Erweiterung des Kandidat:innen- pools: Wir werden aktive Rekrutierung als Element eines strategischen Personalmanagements und einer langfristigen und zukunftsorientierten Personalplanung zum Regelfall in Berufungsverfahren machen und diese gezielt zur Erreichung einer Geschlechtergleichverteilung nutzen. 2. Geschlechtergerechte Berufungsverfahren: Wir werden unse- re Berufungsverfahren weiter professionalisieren und auf diesem Wege geschlechtergerechte Berufungsverfahren nach- haltig etablieren. 1 Nach dem Kaskadenmodell (DFG, 2008) soll der Frauenanteil jeder wissen- schaftlichen Karrierestufe mindestens so hoch sein, wie derjenige der direkt darunterliegenden Qualifizierungsstufe. Das Kaskadenmodell berücksichtigt so die spezifischen Gegebenheiten jedes Fachs und ermöglicht damit angemessene Zielvorgaben. Vgl. https://www.dfg.de/de/grundlagen- rahmenbedingungen/grundlagen-und-prinzipien-der- foerderung/chancengleichheit/allg-informationen/gleichstellungsstandards 3 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 3. Etablierung geschlechtergerechterer Vergütungsstrukturen: Wir werden aktiv darauf hinwirken, die bestehende Einkommenslücke zwischen den Geschlechtern in der Vergü- tung von Professuren (Gender Pay Gap) weiter abzubauen und somit Gleichstellung in den Vergütungsstrukuren zu erreichen. 4. Institutionelle Verankerung von Gendersensibilisierung und Geschlechterkompetenz: Wir werden Sensibilisierungs-, Schulungs- und Dialogangebote für alle hochschulischen Zielgruppen regelhaft etablieren und auf diesem Wege Geschlechterkompetenz institutionell noch stärker verankern. 5. Institutionelles Monitoring: Wir werden den Status quo mit Blick auf Geschlechtergerechtigkeit bei Berufungen sowohl auf institutioneller als auch auf fächerspezifischer Ebene durch den Einsatz geeigneter Monitoring-Instrumente systematisch erhe- ben. Die unterzeichnenden Hochschulen verpflichten sich, durch eine von allen Hochschulgremien getragene, institutionelle Strategie auf einen nachhaltigen Kultur- und Strukturwandel an ihrer Hochschule hinzuwirken, der Geschlechtergerechtigkeit bei Berufungen – auf Grundlage einer qualitätsgeleiteten Auswahl – zur Normalität werden lässt. Zur Ermöglichung des beschriebenen kulturellen und strukturellen Wandels kommt es entscheidend auf das Zusammenspiel der verschiedenen Leitungsebenen und Einheiten innerhalb der Hochschulen an. Um die formulierten Ziele zu erreichen, müssen sich sowohl Hochschulleitungen als auch Fakultäts- und Fachbereichsleitungen Geschlechtergerechtigkeit zur Aufgabe machen und willens sein, fehlender Kenntnis bzgl. Geschlech- ter(un)gerechtigkeit und fehlender Geschlechtersensibilität zu begegnen und strukturelle und prozessuale Veränderungen auch gegen etablierte Strukturen und Bewusstseinsnormen durchzusetzen. Geschlechterspezifisches Handeln sollte dabei nicht in Konkurrenz zu Diversität gesetzt werden, sondern gemeinsam mit anderen Diversitätsaspekten gedacht werden. Die erarbeiteten Lösungswege werden mittelbar zu einem Abbau von Disparität in allen Vielfaltsdimensionen beitragen. Bei der Implementierung von Maßnahmen variieren die Handlungsspielräume der Hochschulen aufgrund unterschiedli- cher budgetärer Möglichkeiten sowie auch aufgrund hochschul- artentypischer Spezifitäten und gesetzlicher Vorgaben in den einzelnen Bundesländern. In den Bundesländern, in denen innerhalb der Hochschulcommunity erarbeitete Lösungswege vor dem Hintergrund der rechtlichen Rahmenbedingungen noch nicht anwendbar sind, werden die Hochschulleitungen aktiv das 4 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 Gespräch mit politischen Entscheidungsträger:innen suchen, um bestehende Möglichkeitsräume zu weiten. Mit Blick auf die notwendige Fachkräftesicherung für die Wissenschaft und die Innovations- und Wettbewerbsfähigkeit des Wissenschaftssystems und der Gesellschaft insgesamt liegt eine Ausschöpfung der vorhandenen Ressourcen an allen Hoch- schulstandorten im gesellschaftlichen Interesse. Im Geiste der vorliegenden Selbstverpflichtung wollen die unterzeichnenden Hochschulen zu allseitigem Nutzen als systemweites Netzwerk zusammenwirken. II. Instrumentenkasten Zur Umsetzung der Selbstverpflichtung steht ein Portfolio an Maßnahmen zur Verfügung. Zur erfolgreichen Etablierung einer geschlechtergerechten Berufungspraxis wird es darauf ankommen, die Maßnahmen in den fünf Handlungsfeldern effektiv und effizient miteinander zu verzahnen. 1. Aktive Rekrutierung zur Erweiterung des Kandidat:innen- pools Zur systematischen Etablierung einer aktiven Rekrutierung inner- halb der Institution – und somit zu einer Erweiterung des Rekrutierungspools zur Besetzung von Professuren – kann es zielführend sein, 1.1 … hochschulintern zu einem gemeinsamen Verständnis der Bedeutung von aktiver Rekrutierung für die Geschlechter- gleichstellung zu kommen. Dazu gehören nicht nur die Klärung der Frage, welche Art von Maßnahmen in welchen Fachgebieten ergriffen werden, sondern auch Festlegun- gen hinsichtlich ihres Verbindlichkeitsgrades, ihrer strukturellen Verankerung und hinsichtlich der Zuweisung von zentralen und dezentralen Verantwortlichkeiten für die Umsetzung der Maßnahmen sowie ihr Monitoring. 1.2 … Instrumente der aktiven Rekrutierung als Teil eines qua- litätsvollen institutionellen Personal- und Berufungs- managements zum Regelfall in allen Disziplinen zu machen. Disziplinenspezifische Umsetzungsoptionen zur Herstel- lung von Geschlechtergerechtigkeit sollten dabei konkret definiert und dokumentiert werden, z. B. in Berufungsleit- fäden. 1.3 … die persönliche Ansprache von potenziellen Kandidat:in- nen unterrepräsentierten Geschlechts und einen inten- siveren Austausch mit diesen Kandidat:innen durch persönliches Engagement der verantwortlichen Akteur:in- nen auf allen Ebenen zur Leitungsaufgabe zu machen. 5 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 Geeignete Formen der Ansprache sollten dabei disziplinenspezifisch festgelegt und die einzelnen persönlichen Ansprachen nachvollziehbar dokumentiert werden, um die Transparenz und Fairness von Berufungs- verfahren sicherzustellen. 1.4 … die institutionelle oder disziplinenspezifische Internatio- nalisierung in der Personalpolitik, unter Einbeziehung vorhandener Netzwerke, verstärkt voranzutreiben, um auf diesem Wege den Rekrutierungspool um Kandidat:innen aller Geschlechter zu erweitern. 1.5 … den Einsatz aktiver Rekrutierungsmaßnahmen deutlicher nach außen zu kommunizieren sowie hochschulintern und hochschulextern Wissenschaftler:innen unterrepräsentier- ten Geschlechts möglichst frühzeitig anzusprechen und zu fördern. Dabei sollte die zielgruppengerechte Kommuni- kation weiter verstärkt werden, um zu einer realistischen Einschätzung des Professor:innenberufs beizutragen und die Attraktivität der Tätigkeit zu verdeutlichen. Optionen zur Entlastung sowie auch flexiblere Formate (z. B. Tandem- oder Qualifizierungsprofessuren zusammen mit der Wirtschaft, Schwerpunktprofessuren) sollten dabei stärker in den Mittelpunkt der Kommunikation rücken, um Kandidat:innen aller Geschlechter besser anzusprechen. 1.6 … für Personen unterrepräsentierten Geschlechts Unter- stützungsmaßnahmen auf dem Karriereweg in der Wissenschaft sowohl bei "kleinen Übergängen" (erste Publikation, erste Lehrveranstaltung) als auch "großen Übergängen" (Master – Promotion, Promotion – Postdoc, Postdoc – Professur) sicherzustellen. 1.7 … Menschen unterrepräsentierten Geschlechts in der Grup- pe der Postdocs, aber auch bereits jener der Promovierenden frühzeitig mit dem Karriereweg einer Professur an den verschiedenen Hochschularten und dessen Voraussetzungen vertraut zu machen und ihnen ebenso frühzeitig einschlägige Transfer- und Praxiserfahrung durch den Aufbau entsprechender Strukturen, Vermittlung und systematische Beratung zu ermöglichen (z. B. Promotionen in der außeruniversitären Forschung oder an anderen forschungsintensiven Institutionen). 1.8 … als unterstützende Maßnahmen zur aktiven Rekrutie- rung von Wissenschaftler:innen unterrepräsentierten Geschlechts … 1.8.1 … Tenure track-Verfahren zu etablieren bzw. auszu- weiten, da diese aufgrund der größeren Planbarkeit 6 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 und Transparenz sowie der damit einhergehenden klareren Entwicklungsperspektive mit Blick auf eine weitere Beschäftigung für Personen unterreprä- sentierten Geschlechts attraktiver sind. 1.8.2 ... verstärkt flexiblere Ausschreibungsformate zur Anwendung zu bringen, z. B. Open-Topic-Konzepte, d. h. Stellen ohne Widmung bzw. bereits festgeleg- tem Arbeitsthema, Tandemprofessuren an den Hochschulen für Angewandte Wissenschaften oder auch Cluster-Berufungen mit einem Portfolio an Kompetenzen. Diese offeneren und breiteren Ausschreibungsformate sprechen erfahrungsgemäß eine größere Zahl von Personen an und bieten eine höhere Flexibilität bezogen auf die Passung, so dass der Stellenpool in seiner Gesamtheit auf hoch- qualifizierte Bewerber:innen zugeschnitten werden kann. 1.8.3 … die strategische Handlungsfähigkeit der Hoch- schulleitung über einen automatischen Rückfall freiwerdender Professuren in einen zentral verwalteten institutionellen Pool, der für Kandida- t:innen aller Geschlechter zur Verfügung steht, zu erweitern. 1.8.4 … eine verstärkte interdisziplinäre Zusammenarbeit mit den außeruniversitären Forschungseinrich- tungen zu befördern, um tradierte Strukturen aufzubrechen und aus einem erweiterten Rekrutie- rungspool schöpfen zu können. Auch Verbünde zwischen mehreren Hochschulen einer Region können ein gutes Modell sein, um Synergien zu identifizieren und gezielt zu nutzen. 2. Geschlechtergerechte Berufungsverfahren Zur systematischen Etablierung geschlechtergerechter Berufungs- verfahren innerhalb der Institution kann es zielführend sein, 2.1 … auf die Formulierung klarer, fachspezifisch adäquater Ziele hinzuwirken und fachspezifisch geeignete (ggfs. finanzielle) Anreize für die Fächer bzw. Fachbereiche und Fakultäten zu setzen. Diese sollten auf einem regelmäßigen Monitoring aufbauen und an Ziel- und Leistungs- vereinbarungen sowie ggf. auch an Maßnahmen der Sanktionierung gekoppelt werden. 2.2 … als Hochschulleitungen Geschlechtergerechtigkeit strukturell auf allen hochschulischen Ebenen zu verankern, zentrale Strukturen des Berufungsmanagement zu 7 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 implementieren, die Berufungsprozesse weiter zu profes- sionalisieren und geschlechterinklusive Berufungs- leitfäden und Checklisten als praktische Handhabe für Berufungskommissionen zur Verfügung zu stellen. 2.3 … den Dekanaten eine aktivere strategische Rolle in Berufungsverfahren zuzuweisen, um die Einhaltung transparenter und professioneller Berufungsroutinen im Zuge eines kontinuierlichen Monitorings sicherzustellen. 2.4 … eine mindestens am Kaskadenmodell orientierte Zusammensetzung der Berufungskommissionen sicherzu- stellen. Die Herstellung von Parität wird jeweils angestrebt. Die Hinzuziehung von externen wissenschaftlichen Kommissionsmitgliedern ermöglicht dabei hilfreiche institutionen- oder bundesländerübergreifende oder auch internationale Vergleiche. 2.5 … die Routinen und Standards der Beteiligung von Gleich- stellungsbeauftragten an Berufungsverfahren auf zentraler und dezentraler Ebene im Austausch mit den Gleichstel- lungsbeauftragten hochschulweit festzulegen (z. B. Zeit- punkt der Einbeziehung in die Verfahren, Rechte und Pflichten). 2.6 … Stellenausschreibungen möglichst breit anzulegen und im Hinblick auf einen etwaigen geschlechtsbezogenen implicit bias zu überprüfen. Dabei sollten im Sinne einer Weiterentwicklung des Qualitäts- und Qualifikations- verständnisses potenzialorientierte Kriterien als Teil des Kriterienkatalogs etabliert, die Gewichtung der gewählten Kriterien festgelegt und der Einsatz von Cluster- ausschreibungen geprüft werden. 2.7 …insbesondere im Vorfeld von Denominationen eine transparente und strukturierte Recherche inkl. Forschungs- feldanalysen und Potenzialanalysen durchzuführen. 2.8 … zentrale Serviceeinheiten zur Unterstützung der Fakultä- ten und Fachbereiche bei Berufungsverfahren zu etablie- ren. 2.9 … gezielte Onboarding-Maßnahmen zu ergreifen, um Neu- berufene an der Hochschule willkommen zu heißen und langfristig an die Hochschule zu binden. 8 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 3. Etablierung geschlechtergerechterer Vergütungsstrukturen Zur Erreichung von Geschlechtergerechtigkeit bei der Vergütung kann es zielführend sein, 3.1 … Berufungsverhandlungen als Hochschulleitungen und Dekanate gendersensibel zu führen und durch die Sicherstellung von verlässlicher Struktur und Transparenz einen risikoarmen Rahmen für die Verhandlungen zu schaffen. 3.2 … das Bewusstsein bei Mitgliedern von Hochschulleitungen und Dekanaten bezüglich ihrer eigenen Erwartungshaltung im Hinblick auf Normverhalten bei Berufungs- verhandlungen zu erhöhen, z. B. mithilfe von Schulungen oder externer Beratung. Als Datengrundlage sollten die Verhandlungsführenden auf Seiten der Hochschule dabei vorab eine Übersicht über die gemittelten Bezüge aller bereits berufenen Professor:innen in einem zu definieren- den Bereich erhalten. 3.3 … zur Steigerung der Transparenz eine nachvollziehbare Systematik für die Vergabe von Leistungszulagen für dienst- bezogene Aufgaben zu etablieren, die entsprechenden Regeln und Prozesse zur Vergabe dieser Leistungszulagen zu veröffentlichen und in den Hochschulgremien regel- mäßig zusammenfassend über den Prozess und seine Ergebnisse zu berichten. 4. Institutionelle Verankerung von Gendersensibilisierung und Geschlechterkompetenz Zur umfassenden Verankerung von Gendersensibilisierung und Geschlechterkompetenz innerhalb der Institution kann es zielführend sein, 4.1 … die Bewusstseinsbildung über strukturelle Geschlechter- ungleichheiten und implicit bias sowie die Reflexions- kompetenz bezüglich der Wechselwirkung der Dimension Geschlecht mit anderen sozialen Kategorien (Intersektio- nalität) durch Diskussions- und Sensibilisierungsangebote für alle Geschlechter systematisch zu fördern. Für Führungs- personal auf zentraler und dezentraler Ebene sowie für hochschulinterne Mitglieder von Berufungskommissionen sind zielgruppenspezifisch geeignete Sensibilisierungs- formate als Teil der Kommissionsarbeit anzubieten und eine Teilnahme nachdrücklich zu empfehlen. 4.2 … die eingeleiteten Maßnahmen durch eine intensivierte innerhochschulische Kommunikation zu begleiten, die die Notwendigkeit eines gesteigerten Bewusstseins für die geschlechterspezifische Dimension von Fragenstellungen 9 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 und die Bedeutung eines gegenseitig wertschätzenden Umgangs hervorhebt. Dabei sollte die gemeinsame Verantwortung aller Hochschulangehörigen für Gleich- stellung und Geschlechtergerechtigkeit verdeutlicht werden. 4.3 … im Rahmen der innerhochschulischen Sichtbarmachung die Aneignung von Geschlechterkompetenz nicht als das Abhaken von Checklisten, sondern als kontinuierlichen Lernprozess im Zuge der Organisationsentwicklung – sowohl für die Institution als auch ihre Mitglieder – zu ver- mitteln. Eine institutionelle Festschreibung zur geschlech- tergerechten Berufungspraxis kann Teil dieser Sichtbar- machung sein. Ebenso führt die Etablierung von "role models" auf allen Leitungsebenen zu gesteigerter interner und externer Sichtbarkeit und Akzeptanz. 4.4 … Netzwerke unter (neuberufenen) Menschen unterreprä- sentierten Geschlechts zu etablieren und Gender-Aspekte auch in Neuberufenenbefragungen zu integrieren. 4.5 … für Menschen unterrepräsentierten Geschlecht Coachingangebote nicht nur im Hinblick auf die wissen- schaftliche Karriere, sondern auch mit Blick auf die wissenschaftliche Selbstverwaltung vorzuhalten. Ebenso sollten geschlechterspezifische Mentoringangebote und ggf. vertrauliche Beratung2 für Personen unterrepräsen- tierten Geschlechts in Leitungspositionen vorgehalten werden.3 4.6 … Ressourcen für die individuelle und gezielte Entlastung von Wissenschaftler:innen unterrepräsentierten Ge- schlechts für anfallende Mehrarbeit durch Gremienarbeit und Führungsaufgaben innerhalb der Hochschule4 vorzuhalten. Dazu gehören z. B. zusätzliche personelle Ressourcen oder auch finanzielle Mittel. 4.7 … die Rahmenbedingungen zur Vereinbarkeit von Spitzen- positionen mit Care-Aufgaben zu verbessern.5 2 Beratungsangebote können z. B. auf den Umgang mit Rollenerwartungen, Mikroaggressionen, Diskriminierung oder Sexismus fokussieren. 3 Mentoringnetzwerke speziell in der Medizin sollten dabei aufgrund der Kom- plexität der Strukturen in der Balance zwischen Klinikbetrieb, Forschung und Lehre und der unternehmerischen Zwänge in den Universitätsklinika, die sich mit Leitungspositionen in diesem Bereich verbinden, breiter angelegt werden. 4 Dazu gehören z. B. Amt der Dekan:in oder Funktionen in Berufungs- kommissionen. 5 Dies kann z. B. durch familienfreundliche Gremienzeiten, Kinderbetreuung auch in Randzeiten oder auch Teilung von Leitungspositionen geschehen. 10 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 5. Institutionelles Monitoring Zur Etablierung eines systematischen institutionellen Monitorings kann es zielführend sein, 5.1 … ein zentrales Monitoring zur Entwicklung in den einzel- nen Fächern und Fachgebieten zu etablieren, um auf dieser Basis Erkenntnisse über die Effektivität der eingesetzten Instrumente zu erlangen. Geklärt werden sollte dabei auch, welche Konsequenzen ausbleibende Erfolge in einzelnen Bereichen haben. 5.2 … durch ein strukturiertes Monitoring der geschlechter- differenzierten Daten zur Vergabe von Leistungsbezügen eine transparente Datenlage herzustellen, indem der Gender Pay Gap über einen längeren Zeitraum und über alle Fächergruppen hinweg systematisch ausgewertet wird. 5.3 … Wissen über Ursachen und Dynamiken als Grundlage für organisationsbezogenes Handeln zu nutzen sowie die wissensbasierte Qualitätssicherung und Evaluation bei etablierten Maßnahmen, insbesondere im Bereich des Mentoring, von Anfang an mitzudenken. Dabei sollten nicht nur quantitative, sondern auch qualitative Indikatoren zum Monitoring der eingesetzten Schulungsmaßnahmen eingesetzt werden. III. Inkrafttreten und Beitritt Die Selbstverpflichtung tritt nach Annahme durch die HRK- Mitgliederversammlung in Kraft und ist bis auf Widerruf gültig. Änderungen der Selbstverpflichtung bedürfen des Beschlusses der HRK-Mitgliedersammlung. Die HRK legt die Selbstverpflichtung den Hochschulen zum Beitritt vor. Der Beitritt einer Hochschule geschieht durch Beitritts- erklärung gegenüber der HRK. Die HRK führt eine Liste der Hochschulen, die der Selbstverpflichtung beigetreten sind; diese ist öffentlich einsehbar. IV. Begleitmaßnahmen Als Begleitmaßnahme zur Selbstverpflichtung werden die Signatarhochschulen die ihrerseits institutionell etablierten Instrumente – unter Zuordnung zu den fünf Zielen der Selbst- verpflichtung – regelmäßig in die öffentlich einsehbare Datenbank des Kompetenzzentrums Frauen in Wissenschaft und Forschung CEWS eintragen (www.gesis.org/starq/inka). Das CEWS soll beauftragt werden, die Maßnahmen in regelmäßigen Abständen auf Systemebene quantitativ und qualitativ auszuwerten. 11 HRK Beschluss der Mitgliederversammlung der HRK vom 14.5.2024 Im Sinne der Sichtbarmachung und des systemweiten Dialogs wird die HRK die Maßnahmenanalyse des CEWS sowie die aus der Datenbank generierbaren Beispiele guter Praxis als Grundlage für einen regelmäßigen Austausch zu diesen Fragen nutzen.

GOOD GOVERNANCE IN THE EMPLOYMENT RELATIONS OF ATHLETES IN OLYMPIC SPORTS IN EUROPE EVALUATION REPORT Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege, Leanne O'Leary, Pawel Zembura, Luiz Haas, Thiago Santos, Vanja Smokvina Paulina Tomczyk Sönke Schadwinkel June 2022 2 Table of Contents I. Executive Summary ......................................................................................................................... 3 II. A Rights-Based Approach to Good Governance in Athletes’ Employment Relations ...................... 5 III. Principles of Good Governance in the Employment Relations of Athletes in Olympic Sports in Europe ....................................................................................... 10 Dimension 1: Contract ................................................................................................................ 12 Dimension 2: Income .................................................................................................................. 15 Dimension 3: Commercial Opportunities ................................................................................... 18 Dimension 4: Occupational Safety and Health ........................................................................... 20 Dimension 5: Social Protection .................................................................................................. 23 Dimension 6: Participation and Bargaining ................................................................................ 25 3 I. Executive Summary In view of current changes in Olympic sport, the field of employment relations of athletes is experiencing fundamental changes as well. While sport was traditionally shaped by notions of amateurism, voluntary engagement and prestige – professionalisation and commercialisation changed both the structures and perception of Olympic sport. Against this backdrop, the demands for improvements of the conditions of the social and professional setting of athletes have been voiced more and more loudly by an increasing number of actors in the past years. This can be explained above all by an ambiguous picture: on the one hand, Olympic athletes are acclaimed stars and public heroes; on the other hand, there are reports on difficult financial situations of athletes and precarious employment conditions. In view of the lack of comprehensive data, the first phase (1/2021-12/2021) of the “EMPLOYS” project offered an empirical driven inventory of the social and work-related conditions of Olympic athletes in 29 European states (EU member states, plus United Kingdom and Norway). The results documented in the first interim report of the project (EMPLOYS Fact Report) reveal that the working conditions of athletes are subject to various influencing factors. These include above all: − the framework of the national legal, social and welfare systems − the structures of the national sport systems − the specificities of sport-related regulations in the interplay between general labour law regulations and individual arrangements In the second project phase (1/2022-6/2022), the project has turned its attention to evaluate and assess current practices across the continent and pursued above all the objective of developing dimensions and principles for appropriate employment and social relations in sport. One of the demands that has been increasingly raised recently by the general public is the expectation that organised sport should meet good governance criteria. This is associated with the demand that stakeholders in sport orient their statutes and programmes, but also their activities and procedures, to certain, not least ethical, standards. At the same time, it is expected that specific norms will form the basis of member states’ and associations’ decision-making and management processes. These good governance criteria mark the focus of this second interim report of the project. Based on intense communication with national, European and international stakeholders in sport and considering the results of several Multiplier Sport Events at Ormskirk (Edge Hill University), Rijeka (University of Rijeka, Faculty of Law), Lausanne (University of Lausanne) and Warsaw (Institute for Sport Governance), the project team has developed 27 principles of Good Governance across six core dimensions of the employment relations of athletes in Olympic sports in Europe. This framework is introduced and explained in this report in detail. 4 Conceptual definition: Good Governance in the Employment Relations of Athletes in Olympic Sports: “Systemic, political and organisational measures to ensure the fulfilment of athlete employment relations rights.” 1) Athlete Employment Relations Rights = citizenship rights in core dimensions of the employment relations of athletes in Olympic sports (contract, income, commercial opportunities, occupational safety and health, social protection, participation and bargaining). These rights are derived from athletes’ status as members of four communities: the nation state, the European Union, the global community, and the Olympic elite sport system. 2) Good Governance = systemic, political and organisational (cf. Henry & Lee 2004) measures to ensure the fulfilment of athlete employment relations rights. This concept serves as the normative basis and justification for the formulation of 27 principles of Good Governance across six core dimensions of the employment relations of athletes in Olympic sports in Europe. The proposed framework furthermore permits to include additional and well- established sources of moral rights to justify the formulated principles and set the framework apart from descriptive-legal approaches to athletes’ rights. Sources include legal and political frameworks (e.g. from the UN, the EU, the ILO or national governments), policy papers and academic studies. The 27 principles are formulated as “athlete rights”. Some principles consist of sub-principles which further specify and operationalise the main principle. Derived from the Good Governance Concept, each principle can be classified as either a civil, political or social right – combinations exist. In addition, derived from the utilised framework of good governance, the contribution of each principle to the general aims and dimensions of good governance is indicated. Lastly, the level of (sport) governance on which the athletes’ right is best fulfilled is proposed. 5 II. A Rights-Based Approach to Good Governance in Athletes’ Employment Relations Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege 1. Rationale and Approach of the Concept 2. a) Empirical reality of athletes in Olympic sports in Europe As the results of the EMPLOYS Fact Report (Mittag et al. 2022) indicate, athletes in Olympic sports in Europe find themselves in a diverse setting with regards to their contractual and legal status (cf. O’Leary 2017). While some elite Olympic athletes are employees (e.g. of the army), many have other contractual relationships that are not employment. The results furthermore show that the legal and contractual status have significant effects on the six dimensions of the employment and social relations of athletes (e.g. contract, income, commercial opportunities, occupational safety and health, social protection, and participation and bargaining, cf. Figure 1). Principles of good governance must be able to reflect the diverse nature of athlete relations across the European continent and account for the different characteristics of national settings. b) Approach to Good Governance Established concepts and frameworks of good governance in sport usually have as their empirical- analytical focus the structures, practices and policies of organisations, mostly sport governing bodies (SGBs) on the national or international level (Parent & Hoye 2018; Thompson et al. 2022). As the results of the Fact Report (Mittag et al. 2022) show, athlete employment relations are characterised by a multitude of relationships between athletes and different actors involved in the governance of Olympic elite sport. Therefore, good governance in the employment relations of athletes in Olympic sports does not only refer to the practices of private SGBs but must reflect the systemic character of governing athlete relations (cf. Henry and Lee 2004). Actors at multiple levels of governance from both the state and sport sector shape the lives of elite athletes. Different from most of the previous work on good governance in sport, the conceptual and empirical focus of good governance, here, is not on individual organisations but on a network of actors as well as on national, EU and international legal and socio- political frameworks at the centre of which the athletes are located. In light of this holistic consideration, the concept seeks to establish a framework for good governance for athletes. Legal framework - national Legal & Socio-Political Framework national EU NOC NAF PA without generic focus SESO Athlete Commercial Oppor- tunities Income Occupational Safety & Health Social Protection Participation & Bargaining Contract international Figure 1: Employment Relations of Athletes in Olympic Sport in Europe. 6 Concepts of good governance usually rely on a rather complex methodology underpinned by a challenging process of operationalisation that commonly ranges from broad dimensions (e.g. transparency, democracy, accountability, etc.) to practical principles and (dichotomous) indicators (cf. Chappelet & Mrkonjic 2019; Geeraert 2018). While no clear methodology and terminology exists in current literature, a similar practice of conceptualising and operationalising good governance is being followed throughout most studies (Thompson et al. 2022). An evaluation against principles of good governance is per se normative. Yet, normative claims and underlying conceptual reasoning often remain vague, ambiguous, or even neglected. Recent reviews of good governance in sport point out that many studies lack a sufficient explanation of the normative justification and premises for the formulation of good governance principles (Geeraert 2022; Chappelet and Mrkonjic 2019). Rationales for implementing good governance principles can be established on two distinct grounds: Most commonly, principles of good governance qualify as “good” because they may contribute to broader conceptual notions and outcomes valued in corporate governance, like effectiveness, efficiency, or output legitimacy. In this sense, good governance is conceived as “a means to an end” (Girginov 2022, p. 90), implying an instrumental justification of the recommended principles. In contrast to this, justifications can also be derived from moral or values- based reasoning. Here, good governance constitutes an “end in itself” (Geeraert 2022, p.4), as it establishes practices of moral values. Such moral/value-based reasoning to justify and explain principles of good governance can take place along the lines of the “classic juxtaposition” (Geeraert 2022, p. 5) of ethics: Cosmopolitan or universal norms, in principle, apply to all people and entities irrespective of the social and cultural setting. Communitarianist or contextualist values and norms may vary according to the particular setting in which they apply and account for long-established relationships and commonly agreed practices. As stated, most studies on good governance in sport adopt an instrumental approach to establish a normative justification of rules and practices that deserve the label “good”. This, together with the empirical focus on SGBs, strongly ties good governance in sport to the broader concept of corporate governance. From the perspective of a values-based approach, the primary objective of good governance, however, is not to ensure organisational effectiveness, but to be moral and to live up to the desired values. Adopting this notion of good governance, the United Nations Office of the High Commissioner for Human Rights (2022), for example, states that: “The true test of 'good' governance is the degree to which it delivers on the promise of human rights […]”. c) Athletes’ Rights In recent years, the discussion about athletes’ rights has gained significant traction. The World Players Association’s Universal Declaration of Player Rights adopted in 2017 may be seen as the point of departure for much of the activities and debates. On the European political level, the Council of Europe’s European Sport Charter (2021, p. 5) states that “the human rights of athletes and everyone involved in sport are respected, protected and promoted”. In addition, the current EU Work Plan for Sport 2021-2024 (Council Resolution 2020/C 419/06) for the first time includes “athletes’ rights” as one key topic. Actions shall be implemented that raise awareness, build knowledge and analyse the factual and legal situation. In the world of Olympic sport, several recently published documents illustrate these developments: In 2018, the IOC Session adopted the Athletes’ Rights and 7 Responsibilities Declaration which was developed “through a worldwide consultation process, reflecting the views of athletes.” (IOC 2018, p. 1). More broadly, the IOC-commissioned Independent Export Report Recommendations for an IOC Human Rights Strategy (Al Hussein & Davis 2020) strongly refers to the rights of athletes. As a direct result of the report, the IOC’s (2022) Introduction to the IOC Human Rights Strategic Framework, published in May 2022, identifies athletes as one of the four “target populations” (p. 5) addressed by the framework. Seeing these recent developments, this study adopts a rights-based approach to good governance in Olympic sport that applies to the specific area of athlete employment relations in Olympic sports in Europe. 3. Conceptualizing Athlete Employment Relations Rights The current data (cf. Mittag et al. 2022) point to a large variety of employment, work and social relations of athletes in Olympic sports in Europe. However, with regards to the formulation of athlete employment relations rights, it must be considered that athletes from all countries and sports included in the study perform the same or similar tasks. Since 2012, the International Labour Organization lists athletes and sport players in its Standard Classification of Occupations (ILO 2012, p. 210). Among other things, the tasks of this occupational group include the participation in sport events, the regular training practice and the adherence to rules and regulations of a specific sport (cf. ibid.). While the empirical reality of athletes’ employment relations is characterised by a large degree of variety across all six dimensions depending on the national context, the reality is that athletes are performing the same tasks (depending on their sports, of course). Based on the principle of equality in their employment relation rights, the relevant rights of athletes shall apply to all elite athletes in Olympic sports in Europe under the following premise: Irrespective of their legal status, contractual relationships and nationality, all athletes in Olympic sports have equal employment relations rights. Within the framework of this study, principles of good governance are explained and justified on moral grounds to ensure a holistic consideration of rules and practices that place athletes at the centre of sport governance (cf. Figure 1). Seeing the complex empirical reality of athlete employment relations in sport, universalist (e.g. human rights, etc.) and contextualist (e.g. the national settings or the specific structures of the Olympic elite sport system) notions of morality are combined to establish a solid normative foundation for the formulation of good governance principles. This proposed conceptualisation of athlete employment relations rights builds on the fundamentals of Marshall’s (2009 [1950]) concept of citizenship and the rights associated to it. Traditional concepts of athletes’ rights are rooted in human rights and labour rights which derive a universal entitlement from the status of personhood or assign rights based on contracts and the necessity to overcome power imbalances (cf. Mundlak 2007). However, the research data and literature review have shown that athletes also have rights by virtue of their membership in the 8 Olympic system. The concept does not supplant human rights or labour rights of athletes. Rather, it identifies a third layer of rights for Olympic athletes and seeks to establish a framework that combines all applicable sources of rights. Citizenship theory states that “[c]itizenship is a status bestowed on those who are full members of a community. All who possess the status are equal with respect to the rights and duties with which the status is endowed.” (Marshall 2009 [1950], p. 149f., emphasis added) Marshall then distinguishes three different types of rights arising from the status of citizenship: - Civil rights: “rights necessary for individual freedom” (p. 148) - Political rights: “right to participation in the exercise of political power” (p. 149) (active right) - Social rights: “whole range from right to a modicum of economic welfare and security to the right to share to the full in the social heritage.” (p. 149) (passive right) As to the source of rights and the relevant polity towards which rights can be claimed, firstly, athletes are members of the community of citizens of a nation state. As the data of the EMPLOYS Fact Report indicate, the national legal and socio-political framework has significant effects on the employment relations of athletes in Olympic sports. In addition to membership in the community of a nation state, athletes are members in the community of the European Union and global citizens (cf. Ong 1999). This entitles them to the fulfilment of rights on a transnational and international level. Building on Mundlak (2007, p. 739), in conceptual terms, “a theory of citizenship requires an account of who the constituent-citizen and what the relevant community are”. This is important to the conceptualisation of athlete employment relations rights and shows that the concept of citizenship can also be transferred to contexts of the private sphere, leaving behind narrow conceptions of citizenship as membership community with rights towards public/state actors. Exemplarily, this extension has inspired concepts like workplace democracy, where the relevant polity is the private setting of a firm. Such a conceptual extension of citizenship becomes all the more important with a view to Crane and Matten (2005) who argue that actors of the private sphere increasingly assume the roles and responsibilities of welfare states due to processes of privatisation, for example in the provision of social protection services. This reflects the current data which indicate that private actors of the elite sport system assume an important role in the employment and social relations of athletes (cf. Mittag et al. 2022). The conception of private sport governing bodies forming a regulative regime that can be considered a uniquely characterized polity has been developed in literature on sport governance from a political science (cf. Rittberger & Boekle 1996), a sociological (cf. Henne 2015) and a socio-legal perspective (cf. Freeburn 2018, Duval 2018, Cattaneo & Parrish 2020). Analysing the far-reaching effects of the specificities of the elite sport system, Henne (2015) proposes a conceptualisation of “athlete citizenship”. She argues that the transnational anti-doping regime makes international elite athletes a “unique caste of citizen subjects” (p. 3) and illustrates the effects of the regime on athletes’ rights. Applying the citizenship framework to the governance of the employment and social relations in Olympic elite sport requires that athletes must be considered the “constituent-citizen” (Mundlak 2007, p. 739) of the specific network of relationships they operate in as elite athletes. Therefore, athlete 9 employment relations rights shall also be understood as rights derived from athletes’ specific membership status in the elite sport system. This entitles athletes to additional rights vis-à-vis the different actors governing Olympic elite sports. Yet, the rights of athletes derived from their general membership in the global community, the community of EU citizens and of the nation state remain unaffected and apply to all athletes. Therefore, athletes in Olympic sports in Europe are in a unique position strongly defined by: 1. Their status as citizens of a nation state 2. Their status as citizens of the European Union 3. Their membership in the global community 4. Their specific (contractual) relationships with private actors of the system of Olympic elite sports (private and public) On the international level, the fourth aspect includes the relationships of athletes to bodies like the International Olympic Committee, International Federations and further transnational actors and event organizers. On the national level, it refers to relationships to the National Olympic Committee, National Federations, local clubs and any other organisation that strongly affect the lives of athletes. 4. Governing Athlete Employment Relations Rights As Henry and Lee (2004) point out, the governance of sport can be understood as having systemic, political and organisational components to it. These distinct yet interconnected types of governance serve as an ordering principle for the fulfilment of athlete employment relations rights. The systemic dimension of governance relates to the interaction and “mutual adjustments between organisations” (ibid., p. 27.). Political governance refers to processes of steering the sport system “by moral pressure, use of financial or other incentives, or by licensing, regulation and control” (ibid.) of the government and public authorities. Lastly, and most commonly referred to in conceptualisations of good governance, the organisational dimension encompasses “accepted norms or values for the just means of allocation of resources, and profits or losses (financial or other) and of the conduct of processes involved in the management and direction of organisations in the sports business.” (ibid.) Following this systematisation, good governance in the employment relations of athletes in Olympic sports in Europe is conceptualised as: “Systemic, political and organisational measures to ensure the fulfilment of athlete employment relations rights.” 10 III. Principles of Good Governance in the Employment Relations of Athletes in Olympic Sports in Europe The present chapter outlines the context-specific principles of good governance in the employment relations of athletes in Olympic Sports in Europe. In view of persisting conceptual challenges related to the complex methodology as well as practical relevance and impact of any good governance codes (cf. Geeraert 2022; Thompson et al. 2022), the core question in the process of formulating sound principles is: “How can the “rights-based approach” to good governance be (best) translated into applicable, valid and universal principles that are widely accepted by the involved stakeholders?” Overall, the operationalisation of athletes’ employment relations rights through the lens of good governance takes place along the lines of the six problem-centered and topic-specific dimensions of the Fact Report, including contract, income, commercial opportunities, occupational safety and health, social protection and participation and bargaining (see Chapter 2, Figure 1). Figure 2: Operationalisation of Good Governance Principles. Each dimension consists of specific “main principles”. 27 main principles have been formulated in a deliberative process among the project partners which is based on current literature and on the exchange and discussion with stakeholders (e.g. within the framework of Multiplier Sport Events – MSEs). These main principles are phrased as athletes’ rights, beginning with the formulation of “Athletes have a right to” as commonly found in declarations and fundamental rights charters. The principles do not reflect an empirical reality in the current Olympic elite sport system, nor are they legally enforceable rights that can be claimed against any actor or party. Rather, each principle has a declaration-like character and constitutes a moral right which shall be fulfilled to ensure good governance in the employment relations of athletes in Olympic sports. So understood, the principles state a normative end or goal which shall be achieved through different means and measures. This way, the concept allows to account for national peculiarities in terms of distinct legal, socio-political, and economic frameworks as well as cultural characteristics across EU member states. Dimension MAIN PRINCIPLES = Athlete Rights “Athletes have a right to …“ Sub-principle = “measures” (policies, laws, regula0ons, etc.) Sub-principle = “measures” (policies, laws, regula0ons, etc.) Sub-principle = “measures” (policies, laws, regula0ons, etc.) Good Governance Concept Legal and Norma

93)*78&3).3, 8-**2514=2*387*1&8.43 4+&8-1*8*.341=25.(5478 .3*9745* /ÇVKIR2MXXEK2E\MQMPMERIPXQERR1SVIR^+MIKI 1IERRI41IEV] 5E[IP> IQFYVE 1YM^-EEW8LMEKSERXSW :ERNEQSOZMRE +&(87*5478 .RXIVMQ:IVWMSR &TVMP Understanding the Employment Relations of Athletes in Olympic Sports in Europe (Fact Report) Authors Jürgen Mittag (German Sport University Cologne, Germany) Maximilian Seltmann (German Sport University Cologne, Germany) Lorenz Fiege (German Sport University Cologne, Germany) Leanne O'Leary (Edge Hill University, UK) Pawel Zembura (Institute for Sport Governance, Poland) Luiz Haas (Universidade Europeia, Portugal) Thiago Santos (Universidade Europeia, Portugal) Vanja Smokvina (University of Rijeka, Faculty of Law, Croatia) Rijeka, 2022 UNIVERSITY OF RIJEKA, FACULTY OF LAW Sports Law, Sports Policies and Sports Diplomacy Centre & European Documentation Centre Rijeka Understanding the Employment Relations of Athletes in Olympic Sports in Europe (Fact Report) Published by hŶŝǀĞƌƐŝƚLJŽĨZŝũĞŬĂ͕&ĂĐƵůƚLJŽĨ> Ăǁ͕,ĂŚůŝđϲ HR-51000 Rijeka, Croatia For the Publisher WƌŽĨĞƐƐŽƌsĞƐŶĂƌŶŝđ-'ƌŽƚŝđ͕ĞĂŶ Published: April 2022 ISBN (e-book): 978-953-8034-42-8 This project has been funded with support from the European Commission. This publication reflects the views only of the authors (the research team) and the Commission cannot be held responsible for any use which may be made of the information contained therein. © 2022. Authors are indicated in this book. Copying is permitted only for non-commercial purposes provided that the source is cited. Authors are responsible for the report or part of the report and the publisher assumes no liability for any use of the contents or violations of third-party rights. This book is published within the Erasmus +, Sport ʹ ŽůůĂďŽƌĂƚŝǀĞWĂƌƚŶĞƌƐŚŝƉWƌŽũĞĐƚ͞Understanding, Evaluating, and Improving Good Governance in the Employment Relations of Athletes in Olympic Sports in Europe ʹ EMPLOYS͟, No. 622796-EPP-1-2020-1-DE-SPO-SCP, in the English language and available for downloading at the Project website https://www.dshs-koeln.de/iesf/employs. 1 Table of Contents 0. Executive Summary Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege ......................................... 8 0.1. Preface and Approach of the Study .......................................................................................... 8 0.2. Key Findings .............................................................................................................................. 9 0.2.1. Multi-layered Influencing Factors .................................................................................. 9 0.2.2. Legal Status of Athletes in Olympic Sports in Europe ................................................... 10 0.2.3. Contractual Relationships and Income......................................................................... 11 0.2.4. Sponsorship, Self-Marketing and Additional Work ...................................................... 12 0.2.5. Occupational Safety and Health and Social Protection ................................................ 13 0.2.6. Participation and Bargaining ........................................................................................ 14 0.3. Analytical Perspectives and Outlook ...................................................................................... 16 1. Introduction Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege .................................................. 18 1.1. Rationale, Background and Relevance of the Topic ............................................................... 18 1.2. The EMPLOYS Project ............................................................................................................. 20 1.2.1. Project Goals and Target Groups ................................................................................. 21 1.2.2. Project Team and Project Methodology ...................................................................... 22 1.2.3. Events, Deliverables and Intended Outcomes ............................................................. 24 1.3. Concepts, Methodology and Structure of the Study .............................................................. 25 1.3.1. Employment Relations of Athletes in Olympic Sport ................................................... 25 1.3.2. Good Governance ........................................................................................................ 26 1.3.3. Methodology ................................................................................................................ 28 1.4. Introduction to the Regional Summaries................................................................................ 32 Literature Chapter 1 .......................................................................................................................... 37 2. Northern Europe > ĞĂŶŶĞK͛> ĞĂƌLJ .................................................................................................. 40 2.1. Background: National Sport Systems ..................................................................................... 40 2.2. Background: National Employment Relations and Welfare Regimes ..................................... 45 2.3. Legal Status of Athletes in Olympic Sport ............................................................................... 50 2.4. The Role of the National Olympic Committee ........................................................................ 54 2 2.5. The Role of the National Athletics Federation........................................................................ 57 2.6. The Role of Public Authorities Without a Generic Focus on Elite Sport ................................. 60 2.7. The Role of Specific Elite Sport Organisations ........................................................................ 62 2.8. Sponsorship, Self-Marketing and Additional Work ................................................................. 66 2.9. Occupational Safety and Health ............................................................................................. 69 2.10. Social Protection ............................................................................................................... 73 2.11. Participation and Bargaining ............................................................................................. 76 2.12. Specificities, Current Conflicts and Issues ......................................................................... 78 Literature Chapter 2 .......................................................................................................................... 80 3. Central Europe Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege .............................................. 81 3.1. Background: National Sport Systems ..................................................................................... 81 3.2. Background: National Employment Relations and Welfare Regimes ..................................... 83 3.3. Legal Status of Athletes in Olympic Sport ............................................................................... 84 3.4. The Role of the National Olympic Committee ........................................................................ 87 3.5. The Role of the National Athletics Federation........................................................................ 89 3.6. The Role of Public Authorities without a Generic Focus on Elite Sport .................................. 91 3.7. The Role of Specific Elite Sport Organisations ........................................................................ 94 3.8. Sponsorship, Self-Marketing and Additional Work ................................................................. 97 3.9. Occupational Safety and Health ........................................................................................... 100 3.10. Social Protection ............................................................................................................. 104 3.11. Participation and Bargaining ........................................................................................... 108 3.12. Specificities, Current Conflicts and Issues ....................................................................... 109 Literature Chapter 3 ........................................................................................................................ 110 4. Eastern Europe Pawel Zembura ................................................................................................... 111 4.1. Background: National Sport Systems ................................................................................... 111 4.2. Background: National Employment Relations and Welfare Regimes ................................... 113 4.3. Legal Status of Athletes in Olympic Sport ............................................................................. 114 4.4. The Role of the National Olympic Committee ...................................................................... 115 4.5. The Role of the National Athletics Federation...................................................................... 117 3 4.6. The Role of Public Authorities Without a Generic Focus on Elite Sport ............................... 119 4.7. The Role of Specific Elite Sport Organisations ...................................................................... 121 4.8. Sponsorship, Self-Marketing and Additional Work ............................................................... 122 4.9. Occupational Safety and Health ........................................................................................... 123 4.10. Social Protection ............................................................................................................. 125 4.11. Participation and Bargaining ........................................................................................... 127 4.12. Specificities, Current Conflicts and Issues ....................................................................... 128 Literature Chapter 4 ........................................................................................................................ 130 5. South-Western Europe Luiz Haas, Thiago Santos ........................................................................ 131 5.1. Background National Sport Systems .................................................................................... 131 5.2. Background: National Employment Relations and Welfare Regimes ................................... 132 5.3. Legal Status of Athletes in Olympic Sport ............................................................................. 135 5.4. The Role of the National Olympic Committee ...................................................................... 138 5.5. The Role of the National Athletics Federation...................................................................... 140 5.6. The Role of Public Authorities Without a Generic Focus on Elite Sport ............................... 141 5.7. The Role of Specific Elite Sport Organisations ...................................................................... 142 5.8. Sponsorship, Self-Marketing and Additional Work ............................................................... 144 5.9. Occupational Safety and Health ........................................................................................... 145 5.10. Social Protection ............................................................................................................. 147 5.11. Participation and Bargaining ........................................................................................... 149 5.12. Specificities, Current Conflicts and Issues ....................................................................... 150 Literature Chapter 5 ........................................................................................................................ 152 6. South-Eastern Europe Vanja Smokvina ....................................................................................... 153 6.1. Background: National Sport Systems ................................................................................... 153 6.2. Background: National Employment Relations and Welfare Regimes ................................... 155 6.3. Legal Status of Athletes in Olympic Sport ............................................................................. 159 6.4. The Role of the National Olympic Committee ...................................................................... 162 6.5. The Role of the National Athletics Federation...................................................................... 165 6.6. The Role of Public Authorities Without a Generic Focus on Elite Sport ............................... 168 4 6.7. The Role of Specific Elite Sport Organisations ...................................................................... 169 6.8. Sponsorship, Self-Marketing and Additional Work ............................................................... 170 6.9. Occupational Safety and Health ........................................................................................... 172 6.10. Social Protection ............................................................................................................. 176 6.11. Participation and Bargaining ........................................................................................... 178 6.12. Specificities, Current Conflicts and Issues ....................................................................... 179 Literature Chapter 6 ........................................................................................................................ 181 Annex 1: Expert Questionnaire for Country Fact Sheets.................................................................. 182 Annex 2: List of National Experts ..................................................................................................... 198 5 List of Figures Figure 1.1: EMPLOYS Multiplier Sport Events. ............................................................................................................. 24 Figure 1.2: Data sources and structure of the report. ................................................................................................. 31 Figure 1.3: Regions of the Regional Summaries .......................................................................................................... 32 Figure 2.1: Legislation and court cases on the legal status of athletes in Olympic sports in the Northern European region. ............................................................................................................................................................................ 54 Figure 2.2: Contractual relationships and direct income of athletes from the NOCs of the Northern European region. ............................................................................................................................................................................ 56 Figure 2.3: Contractual relationships and direct income of athletes from the National Athletics Federations of the Central European region. .............................................................................................................................................. 60 Figure 2.4: Contractual relationships and direct income of athletes from public authorities without a generic focus on elite sport of the Northern European region. ......................................................................................................... 62 Figure 2.5: Contractual relationships and direct income of athletes from specific elite sport organisations of the Northern European region. ........................................................................................................................................... 66 Figure 3.1: Legislation and court cases on the legal status of athletes in Olympic sports in the Central European region. ............................................................................................................................................................................ 87 Figure 3.2: Contractual relationships and direct income of athletes from the NOCs of the Central European region. ........................................................................................................................................................................................ 89 Figure 3.3: Contractual relationships and direct income of athletes from the National Athletics Federations of the Central European region. .............................................................................................................................................. 91 Figure 3.4: Contractual relationships and direct income of athletes from public authorities without a generic focus on elite sport of the Central European region. ............................................................................................................ 94 Figure 3.5: Contractual relationships and direct income of athletes from specific elite sport organisations of the Central European region. .............................................................................................................................................. 97 Figure 4.1: Legislation and court cases on the legal status of athletes in Olympic sports in the Eastern European region. ......................................................................................................................................................................... 114 Figure 4.2: Contractual relationships and direct income of athletes from the NOCs of the Eastern European region. ..................................................................................................................................................................................... 117 Figure 4.3: Contractual relationships and direct income of athletes from the National Athletics Federations of the Eastern European region. ........................................................................................................................................... 119 Figure 4.4: Contractual relationships and direct income of athletes from public authorities without a generic focus on elite sport of the Eastern European region. ........................................................................................................ 120 Figure 4.5: Contractual relationships and direct income of athletes from specific elite sport organisations of the Eastern European region. ........................................................................................................................................... 122 Figure 5.1: Legislation and court cases on the legal status of athletes in Olympic sports in the South-western European region. ........................................................................................................................................................ 138 Figure 5.2: Contractual relationships and direct income of athletes from the NOCs of the South-western European region. ......................................................................................................................................................................... 140 Figure 5.3: Contractual relationships and direct income of athletes from the National Athletics Federations of the South-western European region. ............................................................................................................................... 141 6 Figure 5.4: Contractual relationships and direct income of athletes from public authorities without a generic focus on elite sport of the South-western European region. ............................................................................................ 142 Figure 5.5: Contractual relationships and direct income of athletes from specific elite sport organisations of the South-western European region. ............................................................................................................................... 144 Figure 6.1: Legislation and court cases on the legal status of athletes in Olympic sports in the South-eastern European region. ........................................................................................................................................................ 161 Figure 6.2: Contractual relationships and direct income of athletes from the NOCs of the South-eastern European region. ......................................................................................................................................................................... 164 Figure 6.3: Contractual relationships and direct income of athletes from the National Athletics Federations of the South-eastern European region. ............................................................................................................................... 167 Figure 6.4: Contractual relationships and direct income of athletes from public authorities without a generic focus on elite sport of the South-eastern European region. ............................................................................................. 169 Figure 6.5: Contractual relationships and direct income of athletes from specific elite sport organisations of the South-eastern European region. ............................................................................................................................... 170 7 List of Tables Table 1.1: EMPLOYS Target Groups. ............................................................................................................................. 22 Table 1.2: EMPLOYS Academic Partners and Responsibilities. ................................................................................... 23 Table 1.3: EMPLOYS Practice-oriented Partners and Responsibilities. ....................................................................... 24 Table 2.1: Potential employment relationships of athletes in the Northern European region. ............................... 53 Table 2.2: Grant allocation of the Finnish Ministry of Education and Culture. .......................................................... 64 Table 2.3: Occupational safety and health provisions for athletes in the Northern European region. .................... 72 Table 3.1: Potential employment relationships of athletes in the Central European region. ................................... 85 Table 3.2: Occupational safety and health provisions for athletes in the Central European region. .................... 103 Table 3.3: Social protection provisions for athletes in the Central European region. ............................................ 107 Table 4.1: Potential employment relationships of athletes in the Eastern European region. ............................... 115 Table 4.2: Occupational safety and health provisions for athletes in the Eastern European region. .................... 124 Table 4.3: Social protection provisions for athletes in the Eastern European region. ........................................... 126 Table 5.1: Potential employment relationships of athletes in the South-western European region. ................... 137 Table 5.2: Occupational safety and health provisions for athletes in the South-western European region. ........ 146 Table 5.3: Social protection provisions for athletes in the South-western European region. ............................... 148 Table 6.1: Potential employment relationships of athletes in the South-eastern European region. .................... 161 Table 6.2: Occupational safety and health provisions for athletes in the South-eastern European region. ......... 175 Table 6.3: Social protection provisions for athletes in the South-eastern European region. ................................ 177 8 0. Executive Summary Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege 0.1. Preface and Approach of the Study The organisation of work and employment relations is a core issue of social policy, but also touches on fundamental questions of the political and legal order of communities. While employment relations have been researched in detail with regard to the general structure of employer-employee relations, there are hardly any information and studies available on the employment relations in the specific area of sport governance. This is even more the case in so-called Olympic sports that are organised outside of professional leagues and where athletes only rarely have an employment contract with a club. Against the backdrop of various approaches to sport governance on the national level and an increasing number of conflicts between athletes and sport governing bodies, this Fact Report provides unique data on the employment and social relations of athletes in Olympic sports in 29 European countries (27 EU members + Norway + UK). Data were gathered by national experts of the 29 countries and presented in five Regional Summaries (Northern, Central, Eastern, South-Western and South-Eastern Europe). The findings of the report serve as a sound basis for engagement with and discussion among the different stakeholder groups on the international, continental, national and regional level. As a result, the project team first looked more closely at the fields of enquiry and categories of employment relations in the specific context of sport and developed a research tool (January to April 2021). Adding to that, the large number of countries, the different approaches to sport governance and policy as well as the short time span of the data collection period (from April 2021 to August 2021) yield that the findings presented in this Fact Report are interim. The data and findings will be updated over the course of the project period (until December 2022). First and foremost, the findings shall speak to the approximate number of 25.000 athletes in Olympic sports in Europe. This number includes participants in the last two Olympic Games (winter 2018 and summer 2021) and, where such data are available, athletes of a national elite sport or cadre system. While amateurism is the predominant notion regarding the status of these athletes, this report starts with the assumption that, in fact, reliable and comparative data are necessary to understand, evaluate and improve good governance in the employment relations of athletes in Olympic sports. Because of the large number of countries included in the study, the level of abstraction of data is rather high. Four types of organisations of the elite sport system were identified in the pilot phase of the project that play a role in shaping the employment relations of athletes in Olympic sports. Not only national legislation and court decisions, but also policies, regulations and practices of these four actors are analysed. The organisations include the National Olympic Committee, the national federation governing the sport of athletics, public authorities / state entities without a generic focus on elite sport 9 (e.g. the armed forces or the police) and specific elite sport organisations (public, private or intermediate).1 0.2. Key Findings 0.2.1. Multi-layered Influencing Factors 1) The framework of the national welfare and social systems, as they present themselves in the individual countries of the EU, mark the fundamental background of this field. From an external perspective and compared to other regions of the world, the central feature of the European Union is the high level of welfare and social benefits. From an internal perspective, however, a high degree of plurality can be discerned, revealing significant differences between EU member states. This central characteristic ʹ unity and diversity ʹ also strongly characterises sport-related employment and social relations in the countries of the European Union. In recent decades, an attempt has been made to systematise this specific European diversity of welfare states through typological approaches. The most important contribution is the typology developed by Esping-Andersen͛s ͞The Three Worlds of Welfare Capitalism͟ (1990), which distinguishes between social-democratic, liberal and conservative welfare states. Subsequently, this approach has been further developed in many ways, but the basic ideas have been retained. 2) The differences of the individual sport systems in the EU member states have as well an impact on the employment relations in sport: Just as the political systems in Europe differ, so do the sport polity and policy structures in Europe. Around the two core areas of politics / state and sport / association, highly diverse constellations of actors and divergent forms of influence can be identified. A widespread view of the complex network of relations between sport and politics refers to the growing interlocking of state actors and sport-related actors. While in some states of the European Union the relationship between sport and politics is characterised as conflict-driven ʹ be it through the cleavages between state sport policy and the autonomy of sport associations or through the tension between public responsibility and deregulation ʹ other sport systems are characterised by a higher degree of consensus. In sport policy research, it was above all the Vocasport model and its further development by Ian Henry that initiated a fundamental typology, which was subsequently increasingly referred to and which provided the impetus for more far-reaching comparative approaches. The specific sport structures identified on this basis sometimes exert an influence on employment relations in sport in a direct form, but sometimes also in an indirect form. 1 see Chapter 1.3.3 for more details about the terminology and organisations analysed in the study. 10 3) The specifics of sport-related regulations in the interplay of general labour law regulations and individual arrangements can be considered as the third relevant dimension. Socio-political conflicts of interest in the form of collective bargaining and industrial disputes are among the core areas of industrial relations, which are usually conducted and mostly resolved by trade unions and employers' associations at sectoral level. In elite sport, however, this form of socio-political representation of interests has hardly played a role so far. If one disregards individual groups of players, employment relationships and wage payments to athletes are usually based on specific individual agreements. Other benefits such as sponsorship and support payments also occur with considerable variance. In addition, there is a significant percentage of athletes who pursue competitive sport only as a supplement to their actual livelihood in another professional field. Against this backdrop, collective agreements have hardly been used in sport so far. Consequently, this executive summary, following the results from the 29 states, pays special attention to this third dimension, but always keeps the fundamental systemic framework in view. 0.2.2. Legal Status of Athletes in Olympic Sports in Europe Under the general labour law of the European countries, the legal status of athletes heavily depends on the contractual relationship of an athlete with an organisation and the income related to this contract. In accordance with the general principles, decisions on the employment status are usually made on a case-by-case basis. Though very specific and varying characteristics are considered for a legal assessment of the status of an athlete, the income of an athlete plays an important role in any evaluation. Two general and conceptual distinctions regarding the status of elite athletes can be made: Firstly, the legal status of elite athletes can be determined by a specific legal act or the case law of a country. In such instance, all athletes falling under the scope of the applicable legislation are affected and their status is determined. Specific legislation exists in seven of the 29 countries. Exemplarily, in Hungary or Italy specific laws on sport determine the status of athletes in Olympic sports as amateurs as long as no employment contract with sport clubs exists. Relevant cases before national courts have been decided in Austria, Italy, Sweden and the UK. The courts come to very different conclusions regarding the legal status of athletes in the countries. While in the UK the responsible labour tribunal held that the athlete (a cyclist) does not qualify as an employee of the national federation, the Austrian Federal Administrative Court held that the tragic accident of a synchronised swimmer at the European Games 2015 was an occupational accident. In Italy, judgements about the status of athletes in Olympic sports have been decided differently on a case-by-case basis and a Swedish court held that the payments athletes receive are not to be considered as payments for work but as a stipend for tax law purposes. 11 Secondly, where neither legislation nor court decision exist, the contractual status of athletes prevails in an evaluation. Here the data show that different modes exist for athletes to enter into contracts. In some countries, overarching policies exist for athletes qualifying as elite athletes in accordance with the regulations of the NOC or the public authority responsible for elite sport. Contracts are then guaranteed on the basis of a cadre status. This, for example, is the case in Germany where the German Sport Aid Foundation (a specific elite sport organisation) has a contract with all 4000 elite athletes. Much more common, however, are contracts that are granted on a more individual basis under which athletes must fulfil additional conditions. Actual employment contracts with the different actors are usually of such nature. Various opportunities for employment exist but highly depend on the national context: In 17 of the 29 countries, athletes can sign employment contracts on the basis of their sporting achievements and for the purpose of a successful career in sport. The predominant organisation acting as a party to the employment contract is a public authority without a generic focus on elite sport (e.g. the armed forces or the police). Employment by these entities is available to elite athletes in all 17 countries. In Belgium, the Czech Republic and in Slovakia, besides employment by the armed forces, athletes can also find employment with a specific elite sport organisation. In the three countries, these are also public organisations under the auspices of the Ministry responsible for sport. Contracts with other actors of the elite sport system do not qualify as employment contracts despite some ongoing debates in the present countries. The case of the stipend programme offered by the Dutch NOC*NSF highlights the complex nature of the legal status of elite athletes. Although it is generally not an employment contract, the stipend agreement is considered a labour contract for tax and social security purposes. Athletes holding a public scholarship in Lithuania and Poland find themselves in a similar situation. 0.2.3. Contractual Relationships and Income Besides the employment contracts mentioned above which also yield a regular salary for athletes, different contracts with the identified organisations of the elite sport system exist. The role of NOCs can hardly be summarised as athletes in only 13 countries have a general contract with the NOC. The fact that NOCs may assume very different roles in their countries reinforce the differences. For example, in some countries the NOC also acts as umbrella organisation of national federations. A clearer picture can be drawn for the contractual relationship during the Olympic Games as it is common for athletes to sign an agreement with the NOC for the participation in the Olympic Games, not least due to the requirements of the IOC (IOC Conditions for Participation Form). The NOCs of 18 countries offer direct financial support to athletes, ranging from prize money to a monthly income, for example in the Netherlands or Estonia. 12 In the majority of countries, athletes sign athlete agreements or support contracts with the national athletics federation. In Norway specifically, elite athletes can receive a stipend through a contract with the national athletics federation. According to the current data, in twelve countries, these contracts also include some form of direct financial support exceeding the payment of expenses for sports-related purposes (e.g. training camps, participation in international competitions). The Austrian athletics federation also offers the opportunity for income, in the form of prize money, without entering into a contractual relationship with athletes. Public authorities without a generic focus on elite sport play a role in many countries. In 17 countries, athletes can be employed as civil servants ʹ mostly by the armed forces. In each country where public authorities without a generic focus on elite sport play a role, they provide athletes with financial resources ʹ predominantly in the form of regular monthly salaries. Exceptions to this rule are found only in Estonia, where the Ministry of Culture enters into a support agreement with athletes and distributes funding on a project-related basis. In Latvia, besides employment, a scholarship programme is offered, too. In 18 countries, specific elite sport organisations contribute to shaping the employment relations of athletes in Olympic sports in terms of contracts with and financial support to athletes. Such organisations exist in different forms: Private organisations play a role in Austria, Germany (both private foundations) and Norway (branch of the NOC) but are generally less common in the surveyed countries. Public organisations under the auspices of a national ministry exist in 12 countries. In France, Portugal and Spain, specific elite sport organisations exist in the form of public-private partnership organisations. While the majority of organisations offer financial support or scholarships to athletes which do not constitute an employment relationship, the specific elite sport organisations (public) in Belgium, the Czech Republic and Slovakia also employ athletes as civil servants. 0.2.4. Sponsorship, Self-Marketing and Additional Work Sponsorship deals constitute an important source of income for athletes in Olympic sports, particularly during participation in widely marketed international competitions. Overall, the present analysis ĚĞŵŽŶƐƚƌĂƚĞƐƚŚĂƚĂƚŚůĞƚĞƐ͛ƉŽƐƐŝďŝůŝƚŝĞƐƚŽĞŶƚĞƌŝŶƚŽƉĞƌƐŽŶĂůƐƉŽŶƐŽƌƐŚŝƉĐŽŶƚƌĂĐƚƐĚĞƉĞŶĚƐůĂƌŐĞůLJ on their legal status. In this respect, in the case of ĞŵƉůŽLJĞĞƐƚĂƚƵƐ͕ĂƚŚůĞƚĞƐ͛ƐƉŽŶƐŽƌƐŚŝƉĚĞĂůƐŵŽƐƚůLJ require consent from the employer, whereas most athletes without such an employment relationship have more freedom in acquiring personal sponsors. While the gathered data furthermore substantiate the assumption that athletes in Olympic sports are confronted with a variety of rules and regulations restricting their self-marketing and commercial opportunities, particularly during the period of the Olympic Games, various support structures and incentives dedicated to generating additional income for athletes have been established. 13 First and foremost, restrictions on self-marketing and commercial opportunities for athletes are rooted in international regulatory frameworks such as the Olympic Charter (e.g. Rule 40) and athlete agreements (e.g. IOC Conditions for Participation Form) related to participation in the Olympic Games to which both NOCs and athletes must comply as part of the structures of the Olympic movement. Legal disputes and / or court rulings have been held only in a few countries, especially in Germany where the decision of the German Federal Cartel Office (Bundeskartellamt) from 2019 spurred international debate on the context-ƐƉĞĐŝĨŝĐ ŝŵƉůĞŵĞŶƚĂƚŝŽŶ ŽĨ ƚŚĞ /K͛Ɛ Rule 40 on the national level which, ultimately, resulted in an amendment of the provisions presented by the IOC Legal Commission in 2019. While athletes have been granted some more leeway in negotiating individual deviations from the rule in cooperation with their NOCs, the present findings underline that the NOCs of the investigated countries ʹ ǁŚŝĐŚ ŶŽǁ ĂƐƐƵŵĞ Ă ŐƌĞĂƚĞƌ ƌĞƐƉŽŶƐŝďŝůŝƚLJ ŝŶ ƚŚĞ ƌƵůĞ͛Ɛ ŝŵƉůĞŵĞŶƚĂƚŝŽŶ ďĂƐĞĚ ŽŶ ŬĞLJ principles outlined by the IOC ʹ approach the adjusted regulatory framework in different ways. Incentives for self-marketing and commercial opportunities are provided by the NOC, national athletics federation, public authorities and specific elite sport organisations, ranging from the conduct of educational programmes and career guidance for athletes (e.g. internal courses on entrepreneurship, interview conduct, use of social media, etc.) to financial and legal advice on sponsorship deals. The role of each actor and the scope of their activities highly depend on the national context. Yet, in the present countries, only a lower share of the investigated actors drafts standard / model contracts which athletes might use for sponsorship deals. ŶŽƚŚĞƌŝŵƉŽƌƚĂŶƚĐŽŶĐĞƌŶĂĚĚƌĞƐƐĞĚŝŶƚŚĞƉƌĞƐĞŶƚĂŶĂůLJƐŝƐƌĞůĂƚĞƐƚŽĂƚŚůĞƚĞƐ͛ŽƉƉŽƌƚƵŶŝƚŝĞƐƚŽĐĂƌƌLJ out additional work. WhilĞĂƚŚůĞƚĞƐ͛ƉŽƐƐŝďŝůŝƚŝĞƐƚŽƉƵƌƐƵĞĂĚĚŝƚŝŽŶĂůǁŽƌŬĂůƐŽĚĞƉĞŶĚŽŶƚŚĞŝƌůĞŐĂů status in most of the countries, primarily for those who are under regular employment with a club or public authority (e.g. armed forces), prior confirmation by the employer is usually required. Yet, in some cases, even the participation in scholarship / stipend programmes may constitute restrictions to additional work as for example in Hungary. 0.2.5. Occupational Safety and Health and Social Protection Next to matters of wages, occupational safety and health is one of the core issues of the traditional study and practice of employment relations. Throughout the surveyed countries a mixture of statutory / legal and private provisions offered by the different actors of the elite sport system is found. Generally, the legal status of an athlete determines whether she or he qualifies for statutory occupational safety and health measures stipulated in national law. In this respect the mentioned employment contracts with public authorities without a generic focus on elite sport or with specific elite sport organisations are beneficial to the athlete. Irrespective of the national framework of labour law, sport-specific legislation that establishes periodical health checks and accident insurance for athletes can furthermore be found 14 in some countries (e.g. Lithuania and Poland). Private measures and provisions of the NOC, the national athletics federation and specific elite sport organisations which aim to ensure a safe and healthy career of elite athletes complement the statutory framework. These measures may include private accident insurance, medical check-ups and services for the prevention of mental and physical health hazards. Closely related, yet distinct from safety and health, are measures of social protection. The focus of the report, here, is on pension schemes, health care, maternity (paternity) protection and parental leave benefits, occupational disability and loss of income insurances as well as unemployment assistance. While different approaches to social protection of athletes are presented in the investigated countries, again, large differences exist between athletes who have an employment contract and employee status, and those who do not have such a contract. In some countries, sport-related national legislation stipulates specific social protection measures for athletes. Exemplarily, in Luxembourg, the law on sport determines that if the income of an athlete is below the threshold for statutory social protection contribution, the state covers her/his contributions to ensure full protection. In Lithuania, the Netherlands and Poland, the scholarship offered to elite athletes also provides athletes with statutory social protection coverage. Predominantly in Eastern and South Eastern European countries, specific public pension schemes have been established for elite athletes, mostly for the top athletes who won international medals. Such provisions, however, are a rare exception and athletes without an employment contract usually benefit from private measures of the actors. In some countries, sport governing bodies take a proactive role in supplying social protection measures like health care or maternity protection (e.g. Finland, Ireland). Specific elite sport organisations have joined the playing field in some countries, by providing and promoting selected social protection policies (e.g. Estonia, Germany, United Kingdom). For example, UK Sport guides sports that operate under its funding schemes to adopt an individual pregnancy policy for their athletes. Generally, these measures take on very different forms, vary from country to country and can hardly be summarised. However, most social protection systems rely on a close cooperation and coordination between sport governing bodies and public authorities. Exemplarily, since 2020 athletes supported by the German Sport Aid Foundation are entitled to a state grant which finances a private pension scheme. Overall, occupational safety and health as well as social protections of athletes in Olympic sports are highly complex and must be considered in light of the national context. 0.2.6. Participation and Bargaining The last years have seen an increase in public and academic debate about participation in decision- making and bargaining power of athletes in Olympic sport. In all 29 countries, ĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐ exist within the NOC͘ ƐƉĞĐŝĂůůLJ ŝŶ ĐŽƵŶƚƌŝĞƐ ŽĨ ĂƐƚĞƌŶ ƵƌŽƉĞ͕ ƚŚĞ ŝŶĨůƵĞŶĐĞ ŽĨ ƚŚĞ /K͛Ɛ 'ƵŝĚĞůŝŶĞƐ ƚŽ 15 ĚĞǀĞůŽƉŝŶŐĂŶĞĨĨĞĐƚŝǀĞƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶďĞĐŽŵĞƐǀŝƐŝďůĞ͘2 The degree of inclusion of athletes into other decision-making bodies varies. While in many countries athlete representatives also hold a position on the board of the NOC, athletes might also be included in working groups and other commissions. ƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐ are less common in national athletics federations and exist in 14 countries. In Croatia and Hungary, such commissions will be established within the next years. The data also indicate involvement of athletes in the decision-making structures of public authorities without a generic focus on elite sport and specific elite sport organisations. With respect to both actors, no formal ĂƚŚůĞƚĞƐ͛ŐƌŽƵƉƐĂƌĞŝŵƉůĞŵĞŶƚĞĚ͕ďƵƚĂƚŚůĞƚĞƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐŽĨƚĞŶŚĂǀĞĂǀŽŝĐĞƚŚƌŽƵŐŚŝŶĐůƵƐŝŽŶŝŶ working groups or a position on the board. Trade unions seem to play only a minor role and are not a common actor to represent the interest of athletes in Olympic sports. Unions that specifically represent athletes from Olympic sports are found ŽŶůLJ ŝŶ&ƌĂŶĐĞ ;> ͛hŶŝŽŶEĂƚŝŽŶĂůĞĚĞƐ^ƉŽƌƚŝĨƐ de Haute Niveau) and in Slovenia (Slovenian Athletes Union). In Norway, Finland and Belgium, athletes in Olympic sports join the trade unions that represent athletes from professional team sports and employees of other sectors respectively. While in some countries, e.g. in Romania and Croatia, athletes would need to have the legal status of employees and a defined number of people holding such status in order to form unions, the reasons for the lack of trade union influence remain, at this stage, unclear and further research into the possibilities of and barriers to trade union formation under international, European and national law is desirable. According to the current data and the investigated cases, collective bargaining agreements do not exist in Olympic sports, not least due to the fact that athleteƐ͛ commissions generally are not in a position to engage in collective bargaining with the respective sport governing body and ĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐ, conceptually, have a consultative role within the organisation.3 However, independent athlete associations have been established in some countries. Such organisations exist in Croatia, Denmark, Germany, Lithuania, the Netherlands, Portugal and the United Kingdom. Athlete associations take on different forms and assume different roles. Some of these organisations, among others Athleten Deutschland, can file class action suits on behalf of their members, illustrating the potential of these independent associations compared to athleteƐ͛ commissions. Despite this potential avenue for conflict resolution, in the countries investigated, there are only a few reported conflicts between elite athletes and the actors of the Olympic Movement. Some of the issues raised pertain to sponsorship contracts and diverging interests between sport governing bodies and 2 dŚĞ ͢'ƵŝĚĞ ƚŽ ĚĞǀĞůŽƉŝŶŐ ĂŶ ĞĨĨĞĐƚŝǀĞ ƚŚůĞƚĞƐ͛ ŽŵŵŝƐƐŝŽŶ ĐĂŶ ďĞ ĚŽǁŶůŽĂĚĞĚ ĨƌŽŵ , accessed 7 October 2021. 3 the exact status and decision-making competencies (consultative function, voting and/or veto rights) of the ŝŶǀĞƐƚŝŐĂƚĞĚĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐŚĂǀĞŶŽƚLJĞƚ been analysed conclusively. 16 individually sponsored athletes (e.g. in Belgium), protests against the short duration of support contracts (e.g. Czech Republic), or a general negligence of the NOC to ensure the protection of athlete rights (e.g. Lithuania). Conflicts between athletes and sport governing bodies have been most visible in Germany where the establishment and solidification of Athleten Deutschland has caused a shift in the power structures within OlyŵƉŝĐƐƉŽƌƚƐ͘dŚĞĂƚŚůĞƚĞƐ͛ĂƐƐŽĐŝĂƚŝŽŶŚĂƐĨƌĞƋƵĞŶƚůLJĂĚĚƌĞƐƐĞĚŐŽǀĞƌŶĂŶĐĞ issues ranging from topics like elite sport funding and social protection to the prevention of physical and mental health hazards. 0.3. Analytical Perspectives and Outlook In conclusion, some considerations will be made to open the door to further comparative assessments and analysis. Dynamics: The issue of employment relations in sport shows considerable system dynamics. Sport- related labour relations have not been clarified or adequately regulated either in legal terms or in view of political preferences. Even if the number of open conflicts is still limited, the manifold manifestations with the simultaneous ongoing commercialisation of sport as well as a growing awareness of athletes to socio-political issues point to continuing potential for change. Institutionalisation: Athletes in Olympic sport no longer see themselves as mere individuals, but have begun ʹ to varying degrees ʹ to organise themselves and express their interests collectively. This feature of increased and heightened sensitivity to labour-related issues is a continuing trend in almost all EU member states. However, the avenues and instruments pursued differ considerably. Even though sports federations are usually the first addressees, in almost all member states the actors' efforts to find an independent approach to collective interest representation are evident. Limited Europeanisation: In addition to the orientation towards the national sphere of action, there is also an increased focus on transnational representation of interests. The framework conditions of the European Union and the Council of Europe have an important forum function. Even if the increased attention to the European level can be seen as a common feature of the individual member states, this does not result in a uniform reaction pattern with regard to the strategies pursued and instruments used. The member states of the EU have neither merged into a certain type of model nor are there signs of a development in this direction. The extent of adoption of institutional or procedural elements of other member states within the European Union is limited. The potentials for coordination within the European framework are contrasted by different national styles of adaptation and participation. As a result, employment relations in European sport are likely to remain a mixture of different national models. 17 Minimum standards as a perspective: The results presented here also allow a cautious outlook on future developments. Instead of assuming a simple adaptation strategy or harmonisation in Europe, careful attention must be paid to the respective national framework and contextual conditions of sport, as there is no one successful state and adaptation model that can be described as the ͞silver bullet͟. Nevertheless, one conclusion can be drawn: numerous actors have an interest in implementing certain minimum standards in order to guarantee their athletes an appropriate framework for sport. These minimum standards should include issues of remuneration and contractual stipulations as well as health and social security. In this sense, future developments are likely to be oriented primarily towards safeguarding mechanisms as minimum standards and towards the question how these are to be implemented in view of overarching changes. Summing up the aspects addressed in this summary, it becomes clear that employment aspects are not only a question of whether there will be a more consensus- or conflict-oriented problem-solving in sport in the future, but above all the question arises as to whether sport follows general socio-political considerations and athletes are to be regarded primarily as workers or employees in the future, or whether certain special features of sport will continue to exist, which, as in the case of sports arbitration, also require a specificity of sport or its own legal framework. This in turn raises more fundamental questions about representation and democracy in sport that hint at the challenges facing sport. 18 1. Introduction Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege 1.1. Rationale, Background and Relevance of the Topic The organisation of work and employment relations is a core issue of social policy, but also touches on fundamental questions of the political and legal order of communities. This field of activity is generally characterised by collective agreements, but also by actions and disputes between employers and employees and their representative bodies. While employment relations have been researched in detail with regard to the general structure of employer-employee relations, there are hardly any information and studies available for the specific area of employment relations in sport. Against the backdrop of the large number of people who are active in the sports sector, in view of the considerable share of sport in the gross domestic product, but also in view of the societal relevance and the dynamics of sport, this research gap marks a central desideratum of both social policy and sports academic research. In Europe alone, a share of 800,000 full-time employees in the field of sport is assumed. In view of transnational sport competitions, but also as a result of the growing European common market, employment relations in sport have taken on an increased European impact. In addition to different national standards of policy-making in sport, transnational and supranational developments have to be taken into consideration. According to current studies, sport accounts for Ϯ͘ϭϮй;ΦϮϴϬďŝůůŝŽŶͿŽĨƚŚĞŐƌŽƐƐĚŽŵĞƐƚŝĐƉƌŽĚƵĐƚŝŶƚŚĞh;DŝƚƚĂŐΘEĂƵůϮϬϮϭ͕Ɖ͘ϰϴͿ͘ Reflective of the high relevance of sports in Europe is an increasing involvement of public actors in sport policy. One of the demands that has been increasingly raised is the expectation that organised sport should meet good governance criteria. This is associated with the demand that sport governing bodies orient their statutes and programmes, but also their activities and procedures, to certain ethical standards. At the same time, it is expected that specific norms and standards form the basis of the organisation's management processes. Within nation states, organised (Olympic) sport represents ʹ depending on the respective national framework ʹ a largely independent, self-governing and non-state sector in which public actors usually intervene to a limited extent. However, since (organised) sport has significantly increased its economic activities since the 1980s, federal and state governments have increasingly challenged the autonomous status of sport. While the sports organisations defend their autonomy and point to the special features of the sports sector, public authorities are exerting more influence on sports bodies. In this respect, sports policy can be described as a continuous development from an almost purely self-governing network to a multi-actor network that reveals fundamental features of governance approaches. It is widely acknowledged that the professionalisation of sport has caused new challenges and changes to a societal field traditionally shaped by the notion of amateurism, voluntary engagement and prestige. With more money coming into the system and athletes competing on a professional basis, issues found 19 in classic employment or industrial relations come to the fore also in sports: These include, among others, labour disputes, protests and strikes as well as unionisation (Mittag 2018). Consequentially, the /ŶƚĞƌŶĂƚŝŽŶĂů > ĂďŽƵƌ KƌŐĂŶŝnjĂƚŝŽŶ ;/> KͿ ŝŶĐůƵĚĞƐ ͞ĂƚŚůĞƚĞƐ ĂŶĚ ƐƉŽƌƚ ƉůĂLJĞƌƐ͟ ŝŶ ŝƚƐ International Standard Classification of Occupations (International Labour Office & International Labour Organization, ϮϬϭϮ͕Ɖ͘ϮϭϬͿ͘ĐĐŽƌĚŝŶŐƚŽƚŚŝƐĐůĂƐƐŝĨŝĐĂƚŝŽŶ͕ĂƚŚůĞƚĞƐĂŶĚƐƉŽƌƚƉůĂLJĞƌƐ͞ƉƌĞƉĂƌĞĨŽƌĂŶĚĐŽŵƉĞƚĞŝŶ ƐƉŽƌƚŝŶŐĞǀĞŶƚƐĨŽƌĨŝŶĂŶĐŝĂůŐĂŝŶƐ΀͙΁dŚĞLJƚƌĂŝŶĂŶĚĐŽŵƉĞƚĞ͕ĞŝƚŚĞƌŝŶĚŝǀŝĚƵĂůůLJŽƌĂƐĂƉĂƌƚŽĨĂƚĞĂŵ͕ ŝŶƚŚĞŝƌĐŚŽƐĞŶƐƉŽƌƚ͟. (ibid., p. 210) Exemplarily, the ILO lists athletes from sports such as boxing, golf and football, but also skiers and wrestlers. In its Issues paper for discussion, the ILO specifies that it ƵŶĚĞƌƐƚĂŶĚƐ͞ĂƉƌŽĨĞƐƐŝŽŶĂůĂƚŚůĞƚĞ͟ĂƐ͞ĂŶĂƚŚůĞƚĞǁŚŽŐĂŝŶƐ income through competitive sport and ǁŚŽƐĞĂĐƚŝǀŝƚŝĞƐĂƌĞĐŽŶƚƌŽůůĞĚďLJĂƐƉŽƌƚƐŽƌŐĂŶŝnjĂƚŝŽŶ͕ƐƵĐŚĂƐĂĐůƵďŽƌĨĞĚĞƌĂƚŝŽŶ͘͟;/> KϮϬϭϵ͕Ɖ͘ϭͿ dŚŝƐ ĚĞĨŝŶŝƚŝŽŶ ĞdžƉůŝĐŝƚůLJ ŝŶĐůƵĚĞƐ ƚŚŽƐĞ ĂƚŚůĞƚĞƐ ͞ǁŚŽƐĞ ŽŶůLJ ƉƌŽĨĞƐƐŝŽŶĂů ĂĐƚŝǀŝƚLJ ŝƐ ƐƉŽƌƚ͕ ĞŝƚŚĞƌ ĂƐ employĞĞƐŽƌĂƐĐŽŶƚƌĂĐƚƉůĂLJĞƌƐŽĨƐƉŽƌƚƐĐůƵďƐ͟ĂŶĚ͞ ĂƚŚůĞƚĞƐǁŚŽŵĂLJŚĂǀĞŽƚŚĞƌũŽďƐďƵƚǁŚŽƐƉĞŶĚ significant time training and competing in sports competitions from which they derive income, such as ĂƚŚůĞƚĞƐŝŶƐŽŵĞKůLJŵƉŝĐĚŝƐĐŝƉůŝŶĞƐ͘͟;ŝďŝĚ͕͘Ɖ͘ϭͿtŝƚŚthis definition, the ILO widens the discussion on work-related issues to Olympic sports which often only take a minor role in both practice and academia. The scope of this research, therefore, addresses athletes which practice, play and compete in sports which are organised outside of professional leagues and where the Olympic Games constitute the pinnacle of the sporting stage. Accordingly, the athletes of relevance for this study usually do not have an employment contract with a professional club. Other conceptualisations referring to the athletes of interest, herein referred to as athletes in Olympic sports, also use labels such as semi-professionals, elite athletes or ʹ with the necessary caution towards the label ʹ amateurs. As stated above, academic literature in the field of employment relations in sport is scarce and no data exists on Olympic sports specifically.4 Currently, the employment related literature in sport considers KůLJŵƉŝĐĂƚŚůĞƚĞƐŽŶůLJŝŶƐŽĨĂƌĂƐƚŚĞLJĂƌĞƐƵďũĞĐƚƚŽt͛ƐĂŶƚŝ-doping regulations (Skinner et al. 2016). All other studies focus on cases of professional team sports in the United States and Australia, and on European football. Very little is known on topics like the employment status and the above labour related issues pointed out by Mittag (2018) in the specific case of Olympic sports outside professional leagues and club competitions. Notwithstanding the role that the ILO plays, predominantly by means of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), which both apply to professional ĂƚŚůĞƚĞƐ͞ƌĞŐĂƌĚůĞƐƐŽĨ ƚŚĞŝƌĐŽŶƚƌĂĐƚƵĂůĂƌƌĂŶŐĞŵĞŶƚŽƌĞŵƉůŽLJŵĞŶƚƐƚĂƚƵƐ͕͟ ƚŚĞ /> KĂĐŬŶŽǁůĞĚŐĞƐ ƚŚĂƚŝƚ͞ŚĂƐŶŽƚƐƉĞĐŝĨŝĐĂůůLJĚĞĂůƚǁŝƚŚĐŽŶĚŝƚŝŽŶƐŽĨǁŽƌŬŽĨĂƚŚůĞƚĞƐ͟ĚƵƌŝŶŐƚŚĞKůLJŵƉŝĐ'ĂŵĞƐĂŶĚŝŶ 4 The most comprehensive monograph on the employment relations in professional sports in Europe is Leanne K͛> ĞĂƌLJ͛Ɛ ;ϮϬϭϳͿ ĐŽŵƉĂƌĂƚŝǀĞ ƐƚƵĚLJŽŶ ƌƵŐďLJ͕ ĨŽŽƚďĂůů ĂŶĚďĂƐŬĞƚďĂůů͘ dŚĞResearch handbook of employment relations in sport, published by Barry et al. (2016) includes several case studies predominantly from North-America and Australia. 20 Olympics sports (ILO 2019, p. 25). As a consequence, point 13 of the Points of consensus which were drafted at the Global Dialogue Forum on Decent Work in the World of Sport in January 2020, proves to be of specific relevance in Olympic sports: ͞ϭϯ͘> ĂĐŬŽĨĐŽŚĞƐŝǀĞƐƚĂƚŝƐƚical data and comprehensive knowledge on the working conditions, social protection, contractual arrangements and other work-related issues makes it difficult to develop evidence-informed policies and measures addressing decent work deficits among athletes.͟;/> KϮϬϮϬ͕ p. 20) Organised sport, especially athletes themselves, media and academics, have so far only limited information on the legal framework, actors involved, and the range of established organisations and collective interest groups as well as the diversity of employment forms and contractual regulations in sport. Although reports on the financial situation of competitive athletes and on precarious or atypical employment relationships in professional sports are increasingly found in the media (e.g. FIFPro 2016), there is a lack of comprehensive overviews and systematic knowledge. To date, the employment relations of athletes in Olympic sports depict a desideratum in academic literature but are increasingly gaining momentum in the practice of sport politics, sport management and sport law. Besides constant claims of the sport governing bodies that they are not employers of athletes, the employment related situation of Olympic athletes is usually referred to as dual career, linking sport with education and vocational training. While this conceptualisation does have its merit, it fails to reflect the current developments in Olympic sports in Europe in some fundamental aspects as it neglects the legal and socio-political framework that athletes operate in, both in their national contexts and the European Union. This is where this study is anchored. The recent years have shown that issues of employment relations do exist also in Olympic sports (cf. Mittag 2018; Seltmann 2021): To name but a few, issues of self-marketing related to the infamous Rule 40 of the IOC Charter have been raised by athletes, leading to a loosening of the Rule following a decision of the German Federal Cartel office. Athlete agreements and arbitration clauses binding the athlete to the rules of the sport governing bodies and matters of participation in decision-making have come to the forefront of the discussion in Olympic sports. Additionally, important court decisions initiated by and affecting athletes before national and EU courts further put into question the prevailing practices and require academic analysis. 1.2. The EMPLOYS Project The project Understanding, Evaluating, and Improving Good Governance in the Employment Relations of Athletes in Olympic Sports in Europe (EMPLOYS) recĞŝǀĞƐĨŝŶĂŶĐŝĂůƐƵƉƉŽƌƚĨƌŽŵƚŚĞh͛ƐƌĂƐŵƵƐн Sport Programme as a Collaborative Partnership (622796-EPP-1-2020-1-DE-SPO-SCP). All information on the project, the outputs as well as the events can be found at the project website and the European https://www.dshs-koeln.de/en/institute-of-european-sport-development-and-leisure-studies/research-projects/ongoing-projects/translate-to-englisch-understanding-evaluating-and-improving-good-governance/ https://ec.europa.eu/programmes/erasmus-plus/projects/eplus-project-details/#project/622796-EPP-1-2020-1-DE-SPO-SCP 21 ŽŵŵŝƐƐŝŽŶ͛Ɛ ƌĂƐŵƵƐн WůĂƚĨŽƌŵ. The project commenced in January 2021 and will be finalised in December 2022. 1.2.1. Project Goals and Target Groups The overarching goal of the EMLOYS project is to provide evidence-based information on employment relations in sport for Sport Governing Bodies, national legislators and the European Union, aimed at improving good governance in the employment relations of athletes in Olympic sports in Europe. The project is structured around three specific goals which address the dimensions of understanding, evaluating and improving. 1. With this Fact Report, the project aims at understanding the legal and socio-political situation of Olympic athletes in different national contexts of 29 states (EU member states, the United Kingdom and Norway). Therewith, the report provides the necessary evidence-base for the subsequent steps of the project. 2. Building on this research, the project will evaluate the current practices in national and EU contexts on the basis of principles of good governance in the employment relations of athletes in Olympic sports in Europe. Universally applicable and widely accepted principles of good governance in employment relations must be formulated, against which an assessment of current practices in the national contexts and on the EU-level can take place. This part of the project addresses analytical standards of governance research yet including normative approaches in its outset. 3. The final part of the project aims at improving the good governance of the employment relations of Olympic athletes. This refers to the practical policy-making dimension of the project. On the basis of identified best practice examples, policy-recommendations will be formulated. These recommendations take into consideration both the national settings and the future role of the European Union in the governance of Olympic sports. Furthermore, options for strengthened and enhanced cooperation between institutions and organisations active in the field of sport will be developed and discussed. Taken together, these goals provide long-overdue knowledge on the work- and employment-related situation of Olympic athletes. Based on the analytical findings, it is possible to evaluate current practices and to show opportunities and limits within the differing national contexts as well as from the perspective of the EU, thereby informing policy reforms and increasing good governance of employment relations of Olympic athletes. With its three parts, the project applies different focal points of research (analytical-descriptive + normative-prescriptive + practical) and aims at a well-founded and comprehensive improvement of good governance in a problem area which is largely neglected by academics and practitioners alike. https://ec.europa.eu/programmes/erasmus-plus/projects/eplus-project-details/#project/622796-EPP-1-2020-1-DE-SPO-SCP 22 The target groups of this project include all institutions involved in the regulation and implementation of employment relations in Olympic sports. These are governments and legislators, sport governing ďŽĚŝĞƐĂŶĚĂƚŚůĞƚĞƐ͛ŽƌŐĂŶŝƐĂƚŝŽŶƐĂƚĂůůŐĞŽŐƌĂƉŚŝĐ and regulatory levels. Table 1.1: EMPLOYS Target Groups. Governments Sport Governing Bodies ƚŚůĞƚĞƐ͛KƌŐĂŶŝƐĂƚŝŽŶƐ Global x International Labour Organization x International Olympic Committee x International Sport Federations x Event Organisers x World Players Association x ƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶƐŽĨ IFs and the IOC European x European Commission x European Parliament x EU Council x (European) Committee of Regions x (European) Economic and Social Committee x Council of Europe x European Olympic Committees x Continental Federations x Event Organisers x EU Athletes x KƚŚůĞƚĞƐ͛ Commission x FIFPro (Europe) National x National Governments x Ministries responsible for Sport x National Olympic Committee x National Federations x EĂƚŝŽŶĂůWůĂLJĞƌƐ͛ Associations x Athlete Commissions of NFs and NOCs x Other interest organisations and NGOs x Trade Unions (Regional) x Regional Governments and Ministries x Regional Sport Confederations x Regional Federations x Regional offices of sport related interest representation organisations Local x Municipalities x Municipal Sport Confederations x Sport Clubs n.a. The policy recommendations resulting from the project address the Olympic movement in a wide sense, including all institutions which shape the employment regulations of athletes. Next to organisations, the project also aims at informing individual athletes about their employment related rights and specific situation. It is expected that athletes will benefit from the outcomes of the project as it gives answers to pressing and important questions for athletes in Olympic sports. Hence, the project also aims at empowering athletes in Olympic sports. 1.2.2. Project Team and Project Methodology The project team consists of members of seven organisations from across Europe. The academic partners are members or five research institutes. In addition, representatives of two umbrella organisations of the European sports industry complement the team as practice-oriented partners. The consortium is led by Prof Dr Jürgen Mittag, Head of the Institute of European Sport Development and 23 Leisure Studies (IESF) at the German Sport University Cologne. Maximilian Seltmann, research associate at the IESF, serves as the project coordinator. Lorenz Fiege, Research Associate, completes the research team of the IESF. The academic partners are ƌ > ĞĂŶŶĞK͛> ĞĂƌLJ (Edge Hill University/UK), Associate Professor Dr Vanja Smokvina (University of Rijeka, Faculty of Law/Croatia), Dr Thiago Santos and Luiz Haas (Universidade Europeia/Portugal) and Dr Pawel Zembura (Institute for Sport Governance/Poland). On the practical side, Paulina Tomczyk represents the European Elite Athletes Association (EU Athletes). The European Olympics Academies are represented by Prof Dr Manfred Laemmer. The academic partners to this collaborative partnership not only have impressive academic credentials, but also a regional network to make possible such a large-scale project. As such, the academic partners are responsible for the work on countries of the following regions: Table 1.2: EMPLOYS Academic Partners and Responsibilities. Partner Region of responsibility Countries included German Sport University Cologne Professor Dr Jürgen Mittag (Project Lead) Maximilian Seltmann Expertise: Policy & Governance Central Europe x Germany x Netherlands x Belgium x Luxemburg x Austria x Hungary Edge Hill University ƌ> ĞĂŶŶĞK͛> ĞĂƌLJ Expertise: Law, Policy & Governance Northern Europe x United Kingdom x Ireland x Norway x Sweden x Finland x Denmark University of Rijeka Dr Vanja Smokvina Expertise: Law, Policy & Governance South-eastern Europe x Croatia x Greece x Cyprus x Bulgaria x Romania x Slovenia Universidade Europeia Dr Thiago Santos Luiz Haas Expertise: Governance & Management South-western Europe x Portugal x Spain x France x Italy x Malta Institute for Sport Governance Dr Pawel Zembura Expertise: Governance & Management Eastern Europe x Poland x Estonia x Latvia x Lithuania x Czech x Slovakia The practice-oriented partners take a key complementary role in ensuring the depth and quality of the academic research. In line with their main expertise, their main responsibility in the project is to ensure an active participation and critical reflection of stakeholders of the target groups. 24 Table 1.3: EMPLOYS Practice-oriented Partners and Responsibilities. Partner Main Responsibility Target Groups EU Athletes Paulina Tomczyk (General Secretary) Stakeholder Involvement x Athletes x ƚŚůĞƚĞƐ͛KƌŐĂŶŝƐĂƚŝŽŶƐ x Labour Organisations x EU Institutions x Council of Europe/EPAS European Olympic Academies Prof Dr Manfred Laemmer (President) Stakeholder Involvement x National Olympic Committees x National Olympic Academies x European Olympic Committees x International Sport Federations x National Sport Federations x EU Institutions x Council of Europe/EPAS On the basis of the unique composition of the project team, the project combines rigorous interdisciplinary academic research with a participatory approach. The stakeholders of the target groups are included at all stages of the project in order to ensure the validity of the data. Several events are organised to foster debate among stakeholders: These so-called Multiplier Sport Events (MSE) serve as a platform for debate and exchange and constitute impactful events for policy-change in Olympic sports. 1.2.3. Events, Deliverables and Intended Outcomes Six of the above-mentioned MSE are scheduled from October 2021 to October 2022. The different events take place at the locations of the academic partners to make sure that the stakeholders of the different regions have equal opportunities to participate in the events. Figure 1.1: EMPLOYS Multiplier Sport Events. At the first two MSE, the Fact Report will be presented and discussed. All stakeholders are invited to comment on the findings and to engage in a discussion on the implications of the findings. MSE 3 and MSE 4 are explicitly designed to define principles of good governance in the employment relations of 25 athletes in Olympic sport in collaboration with athletes, sport governing bodies and national and international policy-makers and legislators. These will inform the second deliverable of the project, the so-called Evaluation Report, later presented and discussed at MSE 5. The results of the extensive discussions, exchange and academic research will inspire concrete policy recommendations of the Final Report, to be unveiled during a final MSE 6, co-ŚŽƐƚĞĚďLJƚŚĞƵƌŽƉĞĂŶKůLJŵƉŝĐŽŵŵŝƚƚĞĞ͛ƐhKĨĨŝĐĞ in Brussels. 1.3. Concepts, Methodology and Structure of the Study 1.3.1. Employment Relations of Athletes in Olympic Sport Due to the above-mentioned characteristics of most Olympic sports, where athletes are usually not considered employees, approaching this field from the perspective of employment relations (ER) may be controversial and raises questions regarding some key concepts of the project and the approach and findings of this report. While traditionally employment relations refer to the relationship between an employer and an employee and/or to the relationship between capital and the workforce (cf. Barry et al. 2016; Kaufman 2019), it is widely acknowledged that such conceptualisations neglect the ever- ĐŚĂŶŐŝŶŐ ůĂŶĚƐĐĂƉĞ ŽĨ ĞĐŽŶŽŵŝĐ ĂĐƚŝǀŝƚLJ ĂŶĚ ǁŽƌŬ ŽĨ ƚŽĚĂLJ͛Ɛ ƉŽůŝƚŝĐĂů ĞĐŽŶŽŵLJ ;'Ăůů ϮϬϭϵͿ͘ Ɛ Ă ĐŽŶƐĞƋƵĞŶĐĞ͕ ƚŚĞ ĨŝĞůĚ ĂŶĚ ƐƚƵĚLJ ŽĨ ĞŵƉůŽLJŵĞŶƚ ƌĞůĂƚŝŽŶƐ ͞ĐŽǀĞƌƐ Ă ĚĂƵŶƚŝngly large and ŚĞƚĞƌŽŐĞŶĞŽƵƐ ƐĞƚŽĨ ƚŽƉŝĐƐ͟ǁŚŝĐŚ ĐĂŶŶŽƚďĞ ĐŽŶǀĞLJĞĚďLJ Ă ƐŝŶŐůĞ͕ŵŽŶŝƐƚŝĐĚĞĨŝŶŝƚŝŽŶŽƌ ĐŽŶĐĞƉƚ (Kaufman 2019, p. 10). Decisive for the approach of this study is the argument that the concept of employment not only reflects formal relationships defined by contracts to carry out specific work roles, but also more informal relationships as well as broader questions of social policy (Gall 2019; Kaufman 2019). More broadly understood, employment relations are the networks, institutions and systems in which different actors are involved with regard to work related processes and economic activities. The focus of the study of employment relations is on the shaping of economic exchange relations and social conflict relations (cf. Industrielle Beziehungen 2021; Gall 2021). Building on the above concepts, the traditional academic disciplines, including, among others, economics, law, management and political science, use different approaches and place emphasis on diverse aspects of the field (Sisson 2020). Therefore, in order to understand the employment relations of athletes in Olympic sport, a wide array of aspects must be considered. The composition of the project team and the expertise of the academic partners reflects this challenge very well as it brings together academic experts from the relevant disciplines. This enables an interdisciplinary study approach. Still, the common core of research on employment relations is its focus on institutions which govern the relations of individuals and organisations. The already scarce literature on ER in sports, however, ƉƌĞĚŽŵŝŶĂŶƚůLJĨŽĐƵƐƐĞƐŽŶƐƉĞĐŝĨŝĐŝƐƐƵĞƐĂŶĚĐĂƐĞƐ͕ǁŚĞƌĞĂƐƚŚĞŽǀĞƌĂƌĐŚŝŶŐĂƌĞĂƐŽĨ͞ŐŽǀĞƌŶĂŶĐĞ͕ ŝŶƐƚŝƚƵƚŝŽŶƐĂŶĚƌĞŐƵůĂƚŝŽŶ͟ŚĂǀĞŽŶůLJďĞĞŶĐŽŶƐŝĚĞƌĞĚƚŽĂŵŝŶŽƌĞdžƚĞŶƚ;ĂƌƌLJĞƚĂů͘ϮϬϭϲ͕Ɖ. 3). The 26 aim of this project is to fill this gap and to provide a holistic picture of the employment relations of athletes in Olympic sports in Europe from an interdisciplinary perspective. 1.3.2. Good Governance dŚĞƚĞƌŵ͞ŐŽŽĚŐŽǀĞƌŶĂŶĐĞ͟ŚĂƐďĞĐŽŵĞĂŵƵĐŚ-noted core concept both in the media and in sports association research. Against the backdrop of a growing number of sport-related scandals at the turn of the century, the public started to increasingly associate high normative expectations with good governance in sport. At the same time governance concepts also began to be developed from a scholarly perspective as a toolkit for sport science analysis (Sobry 2011; Geeraert 2013). The first two comprehensive handbooks on sport governance published two decades later (Winand & Anagnostopoulos 2019; Shilbury & Ferkins 2020) outline as inventories the now in-depth engagement with this field; however, they also document that scholarly engagement with good governance is characterised by persistent diversity rather than a high degree of coherence. The majority of works on the subject are nevertheless based on a common understanding of the term, which understands (good) governance as the responsibility of primarily sports organisations at the most diverse levels for the functioning and integrity of sport through the development, implementation and control of norms and rules. The starting point for the emergence of good governance concepts in sport marks the ongoing commercialisation, medialisation and professionalisation processes of the 1980s and 1990s. At the same time, sports federations, guaranteed by the one-association principle, generally maintained their monopoly position. During this period, sports associations not only became more important and financially stronger, but also increasingly susceptible to undesirable developments. Especially in international competitive sports, shadowy aspects such as betting manipulation, doping scandals and corruption, but also a lack of consideration of social, economic or ethical standards were highlighted. Governance is a concept that is as multi-layered as it is complex, based on different academic disciplines and also subject to a continuous change of meaning. The English term governance has its origins in the Latin term "gubernare", which for a long time was used synonymously in the Anglo-American language area for "governing" or for the political actions of states and governments. With a view to the inclusion of an ever-larger circle of actors in political decision-making and the recourse to economic and political science approaches, governance developed into a cipher for the most diverse forms of political steering or regulation. States and governments were no longer the sole point of reference, but markets and organisations as well as actors beyond the nation state were increasingly included in the light of a more comprehensive coordination of action. As with the concept of governance, there is no uniform definition of the concept of good governance (King 2016). 27 After the end of the Cold War, when the political and economic performance of states was increasingly questioned and at the same time civil society was attributed greater importance for social and economic development, states committed themselves to strive for or comply with certain standards of transparency, democratic processes and control. A similar development was also emerging in large companies and business organisations. The terms corporate governance and good corporate governance, which emerged in this context, underpinned the responsibility of corporate management towards internal and external stakeholders. The good governance concepts introduced at that time follow a praxeological approach and include goals such as accountability, efficiency, effectiveness, anti- corruption and transparency. Their usefulness was justified above all by the fact that they guarantee mutual security of expectations between the actors, that ensures collective action in the long run. On the part of academia, corresponding practice-oriented approaches were analytically flanked and theoretically underpinned, but also critically reflected upon, since good governance concepts often aim at the establishment of structures, which at the same time form a central prerequisite for the successful implementation of corresponding concepts (Czada 2009, p. 19). In the transfer of academic approaches of (good) governance to sport, sports associations play a key role from a content perspective and sports management studies from a subject-specific perspective (Ferkins & Shilbury 2010). The starting point here are the changes from largely volunteer-run associations in sport to increasingly professionalised organisations run by salaried persons or full-time employees. The organisational and management-related governance studies subsequently found their correlate in more systemically oriented works. These studies primarily shed light on the nation-state setting in which state actors began to exert increasing influence on the shaping of sports policy by associations, without questioning the fundamental specificity of the sector or the association monopoly. The governance approach was able to ideally describe and explain the transformation of sport from a self-governing and non-governmental social sector to a multi-actor network (cf. Bruyninckx 2012). Soft law methods form an important set of instruments of the governance concept. Instead of hard intervention instruments such as legally binding regulations, sport-related goals are achieved through soft methods such as negotiations, coordination mechanisms, networking and voluntary agreements between state and association actors (Hoye & Cuskelly 2006; Hoye, Nicholson & Houlihan 2010). In practice, the first sport-related good governance activities were developed by international sports federations as well as international organisations and non-governmental organisations. The term good governance in sport was first used in the Statement of Good Governance Principles adopted by the European Olympics Committee (EOC) and the Fédération Internationale de l'Automobile in 2001 (Chappelet & Mrkonjic 2013). In 2004, good governance was included in the Olympic Charter, and in 2008, the Basic Universal Principles of Good Governance of the Olympic and Sports Movement were published by the IOC, setting - on a voluntary basis - minimum standards for IOC member organisations (IOC 2008). 28 /ŶϮϬϬϱ͕ƚŚĞŽƵŶĐŝůŽĨƵƌŽƉĞĂĚŽƉƚĞĚƚŚĞ͞ZĞƐŽůƵƚŝŽŶŽŶƚŚĞƉƌŝŶĐŝƉůĞƐŽĨŐŽŽĚŐŽǀĞƌŶĂŶĐĞŝŶƐƉŽƌƚ͕͟ which was subsequently further elaborated. In contrast to the international level, good governance criteria initially met with little response from national sports federations outside the Anglo-American world. The first national sports organisations to adopt recommendations were UK Sport (2004) with the ĚŽĐƵŵĞŶƚ͞'ŽŽĚŐŽǀĞƌŶĂŶĐĞ͗ĂŐƵŝĚĞĨŽƌŶĂƚŝŽŶĂůŐŽǀĞƌŶŝŶŐďŽĚŝĞƐŽĨƐƉŽƌƚ͟ĂŶĚ^ƉŽƌƚĂŶĚZĞĐƌĞĂƚŝŽŶ South Africa (2004) with "Best practice principles of good governance in sport". These were followed by the Netherlands (2005), associations from the USA (2005), New Zealand (2005), Wales (2006) and ƵƐƚƌĂůŝĂ;ϮϬϬϳͿ͘dŚĞK^͕ƚŚĞƵŵďƌĞůůĂŽƌŐĂŶŝƐĂƚŝŽŶŽĨ'ĞƌŵĂŶƐƉŽƌƚ͕ƉƵďůŝƐŚĞĚ͞'ƵŝĚĞůŝŶĞƐĨŽƌ'ŽŽĚ ƐƐŽĐŝĂƚŝŽŶ'ŽǀĞƌŶĂŶĐĞ͟ŝŶϮϬϬϳ͘EŽƚůĞĂƐƚŝŶǀŝĞǁŽĨƚŚĞĚĞŵĂŶĚƐŽĨƚŚĞŵĞĚŝĂĂŶĚĂĐƌŝƚŝĐĂůƐƉŽƌƚƐ public, the federations themselves are now claiming to take greater account of the requirements of good governance in the national arena as well (Jack 2018). However, approaches that are more strongly related to policy fields, such as industrial or social relations ʹ in contrast to specific institutions and organisations ʹ have only been examined in rudimentary form, so that this field still marks a larger task and research area. 1.3.3. Methodology The methodological framework of the study is derived from the concepts introduced above. To understand the legal and socio-political situation of athletes, unique data on 29 countries on the European continent are gathered and analysed. The countries studies include the 27 EU member states, the United Kingdom and Norway. As outlined in ŹChapter 1.2.2, each academic partner of the project is responsible for one of the five regions. For each country, a Country Fact Sheet was filled out by a national expert. For the five home countries of the academic partners (i.e., Germany, the UK, Croatia, Portugal and Poland), the academic partners served as national experts. Drawing on the extensive network of the team, experts for each country were contacted to complete a comprehensive questionnaire which provided the data for the Country Fact Sheet. The list of national experts is displayed in ŹAnnex 2. The questionnaire was designed by the project team and ensures the quality and comparability of the data among such a high number of cases. An extensive literature review on aspects of employment relations ʹ in and outside of sport ʹ formed the basis for the questionnaire. The most relevant actors were identified by the project team and grouped under seven headlines: 1. National framework and setting of the Elite Sport System 2. Contractual relationships of athletes 3. Income/money and other benefits 4. Working time 5. Occupational safety and health 29 6. Social protection 7. Participation and bargaining power ^ĞĐƚŝŽŶϭŽĨƚŚĞƋƵĞƐƚŝŽŶŶĂŝƌĞĂŝŵĞĚĂƚĂďƌŝĞĨŝŶƚƌŽĚƵĐƚŝŽŶŝŶƚŽƚŚĞĐŽƵŶƚƌŝĞƐ͛ŶĂƚŝŽŶĂůůĞŐĂůĂŶĚƐŽĐŝŽ- political framework as well as into the fundamentals of the national elite sport system. Sections 2 to 7 then covered specific aspects of the employment relations of athletes in Olympic sports. A final section gave the opportunity to include national peculiarities which might not be captured through answering the previous questions. Any comparative study faces similar issues regarding the collection and analysis of data. In general, with an increasing number of cases, the level of abstraction required to ensure comparability of the data also increases (Landman 2017). A trade-off between the level of detail on each case and the possibility to compare the data therefore exists. Adding to the complex interdisciplinary nature of the study of ER in general, the organisation and governance of (elite) sport differ significantly among countries on the European continent (Henry 2009; Bosscher et al. 2015). Accordingly, the level of abstraction for this large-scale project must be rather high. This, in turn, yields the conscious omission of detail for each country. These methodological considerations are well reflected in the Country Fact Sheets and the data used in this study. To resolve the associated issues, and in line with the conceptual framework, the data mainly addresses the national level of sport governance and thereby neglects the regional and local levels of administration. At the national level, the various sports and disciplines are organised in different ways and the regulatory environment of national sport federations depends on many characteristics (e.g., the ůĞǀĞůŽĨĐŽŵŵĞƌĐŝĂůŝƐĂƚŝŽŶ͕ŽƌǁŚĞƚŚĞƌŝƚŝƐĂƚĞĂŵŽƌĂŶŝŶĚŝǀŝĚƵĂůƐƉŽƌƚͿ;K͛> ĞĂƌLJϮϬϭϳͿ͘dŚĞƌĞĨŽƌĞ͕ĂŶ examination of all sports and disciplines falling under the scope of the project (ŹChapter 1.1) is infeasible due to the high degree of variance. The characteristics of sports and disciplines differ among the 29 countries to such an extent that some sports fall outside the scope of the above definition in some countries, while, in other countries, they fall within the scope of what is herein referred to as Olympic sports. Exemplarily, in countries like France, Spain, or Germany, team handball would not be considered an Olympic sport (despite being part of the Olympic programme) since a professional league exists. Whereas in other countries professional leagues do not exist, bringing the sport and the athletes playing it into the realm of the project. To resolve these issues, the study builds on data on the legal setting of the national context, stipulated in national laws and court decisions and the national framework of social and labour policy. Resulting from the exchange among the project partners, four specific actors were identified which ʹ if existent in the national context ʹ play an important role in the employment relations of athletes in Olympic sports on the national level: 30 a) The National Olympic Committee (NOC) In each of the countries included in the study, a NOC exists. While the roles that NOCs play in the different countries may be rather diverse (i.e. in some countries they are also the umbrella organisation of the national sport federations), all NOCs are recognized by the IOC and serve the purpose to advance the Olympic movement in the national context. Of specific relevance to the athletes is the fact that it is the NOC which officially nominates and sends the team for the participation in the Olympic Games. b) The national athletics federation National sport federations play an important role in shaping the employment and work-related situation of athletes in Olympic sports. Due to the methodological constraints of the comparative study, not every national sport federation in all 29 countries can be analysed. The national athletics federation of each country, being a member of World Athletics (formerly IAAF), serves as an exemplary national sport federation to be considered in the analysis. c) Public authority/entities without a generic/original focus on elite sport Previous studies (cf. Breuer et al. 2018; Kuettel et al. 2020) show that, in some European countries, elite athletes can enter into a relationship with a public authority or state entity which, per se, does not have a generic focus on elite sport, like the national armed forces. d) Specific elite sport organisation(s) In many countries, organisations exist which are specifically dedicated to supporting and funding the elite sport system. These can take different forms (public agencies, private or intermediary (public and private) organisations) and play different roles in the national context.5 With this selection, the goal of the Country Fact Sheets was to examine the role that these actors play with regards to the six aspects of the ER of athletes in Olympic sports outlined above (2.-7.). This allows for a comprehensive understanding of the work- and employment-related situation of athletes in Olympic sports in their respective national context. The data was gathered by the national experts for each country using a questionnaire which included a total number of 97 questions. These included ĐůŽƐĞĚ ͞LJĞƐ-no-ƋƵĞƐƚŝŽŶƐ͟ ĂŶĚ ŽƉĞŶ-ended questions requiring an explanation. A template of the questionnaire can be found in ŹAnnex 1. The national experts carried out their work independently in the time period from April to August 2021. The academic partners, in their role as Regional Managers, were at the disposal of the national experts 5 If a public agency or state entity is created for the purpose of supporting and financing elite sport, they too fall ƵŶĚĞƌ ƚŚĞ ƐĐŽƉĞ ŽĨ ƚŚĞĂĐƚŽƌƐŚĞƌĞŝŶ ƌĞĨĞƌƌĞĚ ƚŽ ĂƐ ͞ƐƉĞĐŝĨŝĐ ĞůŝƚĞ ƐƉŽƌƚ ŽƌŐĂŶŝƐĂƚŝŽŶ͘͟ /Ŷ ĐŽŶƚƌĂƐƚ͕ ƚŚĞƉƵďůŝĐ authorities and state entities considered under c) only include those actors whose generic task and ƌĂŝƐŽŶĚ͛ġƚƌĞ does not relate to the support of elite sport (like e.g., the armed forces). 31 in case of any question or uncertainty during the data collection phase. Upon receipt of the Country Fact Sheets, the project team met to discuss the quality of the data. Each national expert was contacted for feedback regarding some open questions and to ensure a common and standardised interpretation of the data. On the empirical basis of the 29 Country Fact Sheets, five so-called Regional Summaries were written by the academic partner responsible for the region, illustrating, comparing, and highlighting the most relevant aspects for each country of the respective region. These reports are the main empirical body of the study and will guide all future action of the project. Figure 2 illustrates the data sources and parts of the report. Taken the five Regional Summaries provide a unique data source, enabling the reader to holistically understand the employment relations of athletes in Olympic sports in Europe. Figure 1.2: Data sources and structure of the report. 32 1.4. Introduction to the Regional Summaries In line with the conceptual and methodological framework of this report (ŹChapter 1.3), chapters 2 through 6 summarise the facts gathered by national experts in 29 European countries. The data of the so-called Country Fact Sheets were combined into five Regional Summaries, covering five to six countries each. Figure 1.3: Regions of the Regional Summaries The aim of the five Regional Summaries is to provide new and fundamental insights into the employment-related and socio-political characteristics pertaining to athletes in Olympic sport in each country. The nature of the presentation is mostly focussing on facts but already includes initial comparison among the countries of the region. Illustrative figures and tables are included to make the rich data more accessible to the reader and to provide comprehensive overviews on the facts of the reports. As mentioned above, the data collected by the national experts through the Country Fact Sheets are of unique richness and detail. In total, the 29 Country Fact Sheets consist of more than 650 pages of data. Actors, policies, regulations and institutions shaping the employment relations of athletes in Olympic sport vary substantially across the countries included in the study. Because of the comparative design which includes such a large number of cases, it is impossible to illustrate and analyse the 29 domestic contexts in all detail. The current state of the Regional Summaries shall be considered a preliminary analysis of the data currently available to the research team. The results provide a solid empirical basis for an informed debate and critical reflection among the diverse stakeholders. All data utilised to inform the results of the summaries are subject to revision as the exchange with stakeholders continues over the course of the project. For comparative reasons, each Regional Summary is structured in twelve headlines and subsections. The main actors and organisations of the Olympic movement in each domestic context, the role of the state 33 sector in elite sport policy, and the relationship between the private sports sector and national public administration are illustrated in an opening section on the background of national sport systems. Since the 1990s, the European Model of Sport has been regularly referred to in line with general characteristics of sport in Europe and the European Union. The spĞĐŝĨŝĐƚĞƌŵ͞ ƵƌŽƉĞĂŶDŽĚĞůŽĨ̂ ƉŽƌƚ͟ (Sloane 2006; IOC 2020) insinuates that the European sport systems are characterised by great homogeneity. In this way, however, the term European Model of Sport conceals the great diversity of sport systems that can be discerned in the member states of the EU. At most, a global comparison with the sport model of the US and the commercial sector would indicate a fundamental difference; however, on closer examination, numerous differences can also be discerned. One of the few approaches that deals with sports systems in their entirety and at the same time takes a comparative approach is the report published by Jean Camy et al. (VOCASPORT Research Group 2004). The approaches developed by the authors in the context of the VOCASPORT report were subsequently taken ƵƉŝŶŽƚŚĞƌƐƚƵĚŝĞƐ͘/ƚŝƐǁĞůůĞƐƚĂďůŝƐŚĞĚŝŶĐƵƌƌĞŶƚůŝƚĞƌĂƚƵƌĞ͕ƚŚĂƚ͕ĚĞƐƉŝƚĞĂĚŝƐƚŝŶĐƚ͞ƵƌŽƉĞĂŶDŽĚĞů ŽĨ̂ ƉŽƌƚ͕͟;ĞůŝƚĞͿƐƉŽƌƚƐLJƐƚĞŵƐŽŶƚŚĞƵƌŽƉĞĂŶĐŽŶƚŝŶĞŶƚĚŝĨĨĞƌƚŽĐĞƌƚĂŝŶĚĞŐƌĞĞƐ;,ĞŶƌLJϮϬϬϵ͖tŝůůĞŵ & Scheerder 2017). This pertains to all aspects included in this section. To date, it is unclear, however, how the overarching characteristics of a sport system affect the employment relations of athletes in Olympic sports. A second section provides the necessary data on the background of national employment and social welfare regimes. This includes basic information on individual and collective labour law as well as the fundamentals of national social policy and welfare regimes. Recent studies show that, despite some competence on the EU-level, the nation state remains the decisive actor to shape and determine employment relations and social welfare in European countries, leading to considerable variation in some characteristics (Hantel 2016; Kuhlmann & Blum 2020). Therefore, similar to the sports systems, the welfare systems in Europe also show considerable variances. Consequently, the analogous concept of the so-ĐĂůůĞĚ͞ ƵƌŽƉĞĂŶ̂ ŽĐŝĂůDŽĚĞů͟ŝƐŽŶůLJŽĨůŝŵŝƚĞĚƵƐĞŚĞƌĞ͘KůĚer comparative welfare research has usually distinguished between two systems: The continental Bismarck system and the British Beveridge system. The Bismarck type is based on contribution-financed social insurances that are linked to (dependent) employment. The Beveridge type, on the other hand, is based on a tax-financed minimum security for all citizens. Other models have been developed in order to differentiate more specially between the similarities and differences of the various types of welfare states. The most important typology comes from the Danish sociologist Esping-Andersen (1990). He distinguishes between three types of welfare states: liberal, conservative and social democratic welfare states. His categorisation is based on the logic of the relationship between the state and the market in the provision of social services, the extent and quality of welfare state services and the effect of social policy on social stratification. Some researchers argue that there is a fourth, specifically Mediterranean model, which can be identified mainly in Italy, Spain, 34 Portugal and Greece. This fourth model has many features of the conservative model, but it is also characterised by a fragmented and particularised social security system, an even more pronounced role of the family in the state-market-family mix of social protection and an underdeveloped social assistance system. Much of the history of Olympic sport is connected to the concept and notion of amateurism. Amateurism, in its basic form, promotes the idea that training and participating in Olympic sport shall be considered a leisure time activity and not be connected to any profit derived from the sporting activities of an athlete (cf. Llewellyn & Gleaves 2016). Resulting from the status as amateur, the legal status of athletes in Olympic sports historically was distinct from the legal status of workers or employees. This yields that cases about athletes in Olympic sports decided by labour or social courts are very scarce in academic literature. The section on the legal status of athletes sheds light on national legal acts or court cases which determine or affect the legal position of athletes. As mentioned above, ĂƚŚůĞƚĞƐ ĂŶĚ ĂƚŚůĞƚĞƐ͛ ŽƌŐĂŶŝƐĂƚŝŽŶƐ ŚĂǀĞ ƐƚĂƌƚĞĚ ƚŽ ĐŚĂůůĞŶŐĞ ƚŚĞ ĐŽŶĐĞƉƚ ŽĨ ĂŵĂƚĞƵƌŝƐŵ͕ Ălso by making recourse to public courts. Under the general labour law of the European countries, the legal status of athletes heavily depends on the contractual relationship of an athlete with an organisation and the income related to this contract. In accordance with the general principles, decisions on the employment status are usually made on a case-by-case basis in all countries. In the different countries, very specific and varying characteristics are considered for a legal assessment of the status of an athlete. However, the income of an athlete always plays an important role in any decision. Seeing the countries at hand, two general and conceptual distinctions regarding the status of elite athletes can be made: Firstly, the legal status of elite athletes can be determined by a specific legal act or the case law of a country. In such instance, all athletes falling under the scope of the applicable legislation are affected and their status is determined. Secondly, where no legislation exists, the contractual status of athletes prevails in an evaluation. In such instance, the status is only determined for athletes which maintain an employment relationship with the different actors. While the details of each of the potential relationships as well as the conditions to enter into it will be explained in detail in the other sections of the Regional Summary, the basic characteristics are already illuminated in the section on the legal status of athletes. Four specific sections are included on the identified actors which play a specific role in shaping the employment relations of athletes in Olympic sports. In each region, the contractual relationships of athletes with and income opportunities from a) the NOC; b) the national athletics federation; c) public agencies and state entities without a generic focus on elite sport; and d) specific elite sport organisations6 6 If a public authority specifically responsible for sport, e.g. a Ministry of Sport, supports elite athletes, e.g. by disbursing funds to athletes, without establishing a specific organisation, the mechanisms and details of the support structures are also explained in the section on the specific elite sport organisations in the respective region. 35 are depicted and compared (see also ŹChapter 1.3.3, footnote 2). With regards to the contractual relationships of athletes with the four actors, the analysis distinguishes between general contracts (outside the period of the Olympic Games) and those specifically connected to the participation in the Olympic Games or other international sport events (during the period). This includes any form of contractual agreement between an athlete and one of the four actors, like, among others, employment contracts, scholarship agreements and so-called athlete agreements which are often signed with sport organisations. The data furthermore include information on the conditions and criteria that athletes must fulfil in order to enter into a contractual relationship and to receive different sources of income (see below). If available, the number of athletes in the respective contractual relationship and/or those receiving the different forms of income are also indicated. With regards to income, a distinction is made between direct income (e.g. money that athletes receive for their independent use), indirect income (e.g. in the form of reimbursements for sports-related expenses), and other forms of financial or non- material support. Besides the above-listed actors, sponsors can play an important role for athletes. In addition, the role of social media is becoming ever more important also to athletes in Olympic sports to increase their popularity and derive revenue from self-marketing. With the widely contested Rule 40 of the IOC Charter, far-reaching restrictions are put in place to prevent athletes from leveraging their private sponsorship deals during the period of the Olympic Games (Terraz 2020). One section therefore also includes information on the opportunities and support structures for, but also restrictions on sponsorship and self-marketing in the domestic context. Next to matters of wages, occupational safety and health is one of the core issues of the traditional study and practice of employment relations. The different measures to protect mental and physical health, safety policies and access to medical facilities play an important role in the Olympic sphere and have moved into the focus of public and academic debate, not least because of the recent Tokyo Olympic Games (Kavanagh & Parry 2021). As a consequence, sport organisations are increasing their efforts in assuming the responsibility over athlete welfare (Mountjoy, Burrows & Greinig 2021). Previous research shows that a career in elite sport has negative effects on the individual income and the social protection of athletes compared to workers in other domains (Breuer et al. 2018). Therefore, and also due to the prevailing notion of amateurism, the conditions under which both statutory social security provisions, like pension schemes, health care or unemployment benefits and voluntary provisions of private actors (e.g. NOC, national athletics federation) apply to athletes in Olympic sport are examined. Collective agreements are a core instrument of employment relations in many economic sectors and professional sports, yet not in Olympic sports (Bradish et al. 2019). The usual form of participation and bargaining for and by athletes within the sport organisations of the Olympic movement is found in so- ĐĂůůĞĚƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶƐŽƌŽŵŵŝƚƚĞĞƐ͘dŚĞƐĞĐĂŶƚĂŬĞĚŝĨĨĞƌĞŶƚĨŽƌŵƐĂŶĚĂƌĞŝŵƉůĞŵĞŶƚĞĚƚŽ varying degrees across different countries (Ciomaga et al. 2018; Seltmann 2021b). Outside the 36 structures of the NOC and the national sport federations, athlete representative and advocacy groups exist in some countries and, more recently, also on the international level (Seltmann 2021a, b). A last section covers current conflicts and issues. Over the last years, diverse issues have been addressed in media and public debates as well as in current academic literature. 37 Literature Chapter 1 ĂƌƌLJ͕DŝĐŚĂĞůW͕^ŬŝŶŶĞƌ͕:ĂŵĞƐĂŶĚŶŐĞůďĞƌŐ͕dĞƌƌLJ;ϮϬϭϲͿ͚^ŝĚĞůŝŶĞĚ͗ŵƉůŽLJŵĞŶƚƌĞůĂƚŝŽŶƐŝŶƉƌŽĨĞƐƐŝŽŶĂů ƐƉŽƌƚƐ͕͛ŝŶDŝĐŚĂĞůWĂƌƌLJ͕:ĂŵĞƐ^ŬŝŶŶĞƌĂŶĚdĞƌƌLJŶŐĞůďĞƌŐ;ĞĚƐͿResearch handbook of employment relations in sport (Cheltenham, UK: Edward Elgar Publishing), 1ʹ15 Bosscher, Veerle de, Shibli, Simon, Westerbeek, Hans and van Bottenburg, Maarten (2015) Successful elite sport policies: an international comparison of the sports policy factors leading to international sporting success (spliss 2.0) in 15 nations (Maidenhead: Meyer & Meyer Sports) ƌĂĚŝƐŚ͕ŚĞƌŝ͕ ͘ƉĚĨ͕ͥĂĐĐĞƐƐĞĚϭϳ September 2021 Breuer, Christoph, Wicker, Pamela, Dallmeyer, Sören and Ilgner, Michael (2018) Die Lebenssituation von Spitzensportlern und -sportlerinnern in Deutschland (Bonn: Bundesinstitut für Sportwissenschaft) ƌƵLJŶŝŶĐŬdž͕,ĂŶƐ;ϮϬϭϮͿ͚^ƉŽƌƚƐ'ŽǀĞƌŶĂŶĐĞ͗ĞƚǁĞĞŶƚŚĞKďƐĞƐƐŝŽŶǁŝƚŚZƵůĞƐĂŶĚZĞŐƵůĂƚŝŽŶĂŶĚƚŚĞǀĞƌƐŝŽŶ ƚŽĞŝŶŐZƵůĞĚĂŶĚZĞŐƵůĂƚĞĚ͕͛ŝŶĂƌďĂƌĂ̂ ĞŐĂĞƌƚ͕DĂƌĐdŚeeboom, Christiane Timmerman and Bart Vanreusel (eds) Sports Governance, Development and Corporate Responsibility Routledge), 107ʹ121 Chappelet, Jean-> ŽƵƉĂŶĚDƌŬŽŶũŝĐ͕DŝĐŚĂģů;ϮϬϭϯͿ͚džŝƐƚŝŶŐŐŽǀĞƌŶĂŶĐĞƉƌŝŶĐŝƉůĞƐŝŶƐƉŽƌƚ͗ƌĞǀŝĞǁŽĨƉƵďůŝƐŚĞĚ literatuƌĞ͕͛ŝŶůŵ͕:ĞŶƐ;ĞĚͿAction for good governance in international sports organisations, 222ʹ240 ŝŽŵĂŐĂ͕ŽŐĚĂŶ͕dŚŝďĂƵůƚ͕> ƵĐŝĞĂŶĚ ŝƐĂ;ϮϬϭϴͿ͚ƚŚůĞƚĞ/ŶǀŽůǀĞŵĞŶƚŝŶƚŚĞ'ŽǀĞƌŶĂŶĐĞŽĨ^ƉŽƌƚ KƌŐĂŶŝnjĂƚŝŽŶƐ͕͛ŝŶDĂƌŬŽĚĚƐ͕ ĞŝƚŬŽŶnjĞƉƚĨƺƌZĞŐŝĞƌƵŶŐƐŚĂŶĚĞůŶ͗'ƌƵŶĚůĂŐĞŶ͕ŶǁĞŶĚƵŶŐ͕ . 72 addition, athletes who are in a contractual relationship with the Norwegian Athletics Association (see section 5) are provided with travel insurance and injury insurance. Table 2.3: Occupational safety and health provisions for athletes in the Northern European region. Actor / Occupational safety and health provisions Accident insurance Mental health Physical health Prevention Safety policies Medical check-ups Access to medical facilities NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation *Statutory occupational safety and health provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. In Sweden, there are no specific national laws or court decisions that consider the health and safety provision for elite athletes. During the Olympic Games the health and safety obligation falls on the SOK. In international competitions outside the Olympic Games, the obligation falls on the NF; otherwise the obligation falls on the club or the state. For athletes selected for Topp-och Talang, the SOK provides: mandatory accident insurance that applies on days when the athlete is competing for the national 73 ƚĞĂŵ͖ ƉƌŽƚĞĐƚŝǀĞ ĞƋƵŝƉŵĞŶƚ ĂŶĚ ŽƚŚĞƌ ƉƌŽƚĞĐƚŝŽŶ ĨŽƌ ĂŶ ĂƚŚůĞƚĞ͛Ɛ ƉŚLJƐŝĐĂů ŚĞĂůƚŚ͖ ŝŶĨŽƌŵĂƚŝŽŶ Žƌ education on potential sources of harm or risks; safety policies; medical check-ups and access to medical facilities. The Swedish Athletics Association provides the same protections. Neither the SOK nor the Swedish Athletics Association provides mental health services. The Swedish Sports Confederation (Riksidrottsförbundet, RF) does not provide health and safety benefits or protections for elite athletes. 2.10. Social Protection In the United Kingdom (UK), there are no sport specific social protections in national law or court cases concerning the social protection entitlements of athletes. General provisions of social protection relating to working hours, fixed term contracts, educational leave and annual holiday require employee or worker status in order to apply to athletes. Following Jessica Varnish v British Cycling Federation (t/as British Cycling) ;ƐĞĞ ƐĞĐƚŝŽŶϯͿ͕KůLJŵƉŝĐ ĂƚŚůĞƚĞƐǁŚŽĂƌĞ ƐĞůĞĐƚĞĚŽŶƚŽĂ ƐƉŽƌƚ͛ƐtŽƌůĚůĂƐƐ Programme (WCP), whether or not they are in receipt of an Athlete Performance Award (APA), are very likely to be considered to be engaged under an agreement to train and, accordingly, not an employee or worker. However, it may be that the athlete earns income from other sources as a self-employed person and accordingly would be entitled to a maternity allowance (Social Security Contributions and Benefit Act 1992). It appears that an NF may provide insurance cover for those selected to a WCP and/or those who compete in an elite team for a particular competition. The insurance cover is unlikely to be for loss of income but will likely cover: personal injury or loss arising out of, or in connection with, any activities carried out and/or any facilities used by the athlete in connection with the agreement while on team duty including at events; third party liability; and travel insurance. There have been no public debates about precarious or risky social conditions of athletes in Olympic sports. The BOA does not provide a pension or retirement scheme, occupational disability protection, loss of income insurance, maternity protection and/or maternity and parental leave benefits or unemployment assistance. Similarly, UK Athletics does not provide a pension or retirement scheme, occupational disability protection, loss of income insurance or unemployment assistance. It provides limited maternity benefits to pregnant athletes who are in receipt of an APA and access to health care services. The Army very likely provides a pension / retirement scheme, occupational disability protection and maternity protection and maternity/parental leave benefits. It does not provide unemployment assistance or loss of income protection. UK Sport does not provide any social protections, although it does have a pregnancy policy which provides the framework for sports that it funds to develop their own pregnancy policy. 28 The guidance recommends, amongst other things, 28 See further a copy of the UK Sport Pregnancy Guidance for NGBs and the UK Sport Pregnancy Guidance for Athletes, which are both available on the UK Sport website, . 74 payment of the APA for up to nine months after childbirth subject to conditions (UK Sport, 2021, Appendix H, clause 5.1). In the Republic of Ireland, general provisions of social protection apply to athletes residing in Ireland. If an employment contract is required to access those protections, then unless an athlete is employed or paying tax as a self-employed person, he or she may not be eligible. There are no sport-specific social protections in national law. There is a tax break available to some athletes who qualify. The sporting tax exemption enables an athlete, resident in Ireland, to claim back tax paid on wages or winnings after retirement from a sports career. Other social protections are provided by a combination of state protections and private insurance carried by the NFs. There is a very limited retirement scheme operated by Athletics Ireland in conjunction with the International Carding Scheme (ICS) where athletes are given some stepdown payments and assistance as they head towards retirement. In accordance with the ICS Guidelines, limited maternity protection is provided to athletes who are recognised as elite athletes in receipt of funding and which allows for the continuation / extension of payments during/after pregnancy. More precisely, athletes who become pregnant are guaranteed to receive funding up to six months after the birth of the child. In the Republic of Ireland, there is often public debate about the level of support provided by the state to elite athletes, although the focus of the discussions is mainly on the funding payments made to athletes, rather than a focus on social conditions. In Denmark, there are no sport-specific social protections in national law or cases concerning an elite ĂƚŚůĞƚĞ͛ƐĞŶƚŝƚůĞŵĞŶƚƚŽƚŚĞƐĞ͘ƚŚůĞƚĞƐĂƌĞĞŶƚŝƚůĞĚƚŽƐŽĐŝĂůƉƌŽƚĞĐƚŝŽŶƐŝŶƚŚĞƐĂŵĞǁĂLJĂƐĂŶŝƐŚ citizens. A person who is a part of an unemployment insurance fund (a-kasse) and has been in the labour market is guaranteed social support (dagpenge). A professional athlete has the right to choose a union (fagforening) and an unemployment insurance fund (a-kasse), which will guide the athlete when negotiating contracts and provide economic support if the athlete is suddenly unemployed. However, elite athletes are generally not in an employment relationship. Regarding social protections provided by the entities in the sports movement, the DIF, Team Danmark and the DAF do not provide a pension / retirement scheme, occupational disability protection, healthcare, loss of income insurance, maternity protection and / or maternity or parental leave benefits. Nonetheless, Team Denmark acknowledges that it is important that athletes save up for retirement. Athletes with high earnings can save 20% for a pension without influencing the assessment of whether or not they are granted support from Team Danmark. There have been no public debates about the social conditions of athletes in Olympic sports. In Finland, all athletes are covered by general social security laws. There are no other sport specific social protections and no court cases on the issue either. The FOC and Finnish Athletics provide health care, and maternity/parental leave benefits. The Defence Forces provide a pension/retirement scheme, occupational disability protection, healthcare, loss of income insurance, maternity protection and/or 75 parental leave benefits and unemployment assistance. The Ministry of Education and Culture provides maternity protection and/or parental leave benefits. If an athlete is in receipt of a state athlete grant, then this may be advanced due to parental leave and maternity. Urhea Sports Academy provides daily supportive health care and maternity protection and/or parental leave benefits. In the case of maternity and parental leave benefits, athletes can transfer state grants and still use the services provided by a sports academy. In Norway, there are no sport-specific social protections in national law or cases concerning an elite ĂƚŚůĞƚĞ͛ƐĞŶƚŝƚůĞŵĞŶƚƚŽƚŚĞƐĞ͘ůŝƚĞĂƚŚůĞƚĞƐĂƌĞƉƌŝŵĂƌŝůLJƉƌŽƚĞĐƚĞĚĂƐĐŝƚŝnjĞŶƐŽĨEŽƌǁĂLJƌĂƚŚĞƌƚŚĂŶ employees. Athletes are in part covered by compulsory insurance when under contract, and may take out private insurance (e.g. insurance offered by their trade union, such as, for example, by the Norwegian Athlete Association (NISO)). The NIF and the Norwegian Athletics Association do not provide a pension scheme, occupational disability protection, health care, loss of income insurance, maternity protection and/or maternity and parental leave benefits or unemployment assistance. There has been public debate about the social conditions of athletes that typically arises in media reports of athletes struggling in their post-sports career. For example, in August 2020 two-time Olympic cross-country skiing champion Petter Northug was arrested for severe traffic violations, revealed his abuse of alcohol and drugs and was later sentenced.29 The incident stirred an intense, but short-lived public debate about how the sports community prepares athletes for transition into civil life. In Sweden, there are no sport-specific social protections in national law or cases concerning an elite ĂƚŚůĞƚĞ͛Ɛ ĞŶƚŝtlement to these. Certain benefits, such as health care, loss of income insurance and maternity protection or maternity or parental leave, are available to all Swedish residents, including athletes. However, benefits that are connected to and require employment (e.g. unemployment benefits and pensions) are not available to athletes as elite athletes are not employed by the SOK or Swedish Athletics Association, unless the athlete is employed by a club. Employment by a club largely determines the benefits to which athletes have access. If selected for the Topp-och Talang programme, the SOK will provide elite athletes with access to health care and that is the only social protection provided. Table 2.4: Social protection provisions for athletes in the Northern European region. Actor / Social protections Pension / Retirement scheme Occupational disability / Loss of income protection Health care Maternity protection / Parental leave benefits Unemployment assistance NOC 29 See further . 76 National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation * Statutory social protection provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. 2.11. Participation and Bargaining In the United Kingdom (UK), the ƌŝƚŝƐŚ ƚŚůĞƚĞƐ͛ ŽŵŵŝƐƐŝŽŶ is an independent body that offers confidential advice, support and guidance to individual athletes within the high performance system. It has a Memorandum of Understanding with UK Sport͘dŚĞƌŝƚŝƐŚƚŚůĞƚĞƐ͛ Commission is not listed as a trade union.30 Its objects are set out in Part 1 of the Schedule of its Articles of Association (BAC 2020) as including: ͞ϭ;ŝͿƚŽĂĐƚĂƐĂƌĞƉƌĞƐĞŶƚĂƚŝǀĞďŽĚLJǁŝƚŚŝŶ'ƌĞĂƚƌŝƚĂŝŶ͕ƚŚĞKůLJŵƉŝĐĂŶĚWĂƌĂůLJŵƉŝĐDŽǀĞŵĞŶƚƐĂŶĚ any other relevant organisations, for Athletes and to promote the views of Athletes so that Athletes ŚĂǀĞŵŽƌĞŝŶƉƵƚŝŶƉŽůŝĐLJĂŶĚŽƚŚĞƌĚĞĐŝƐŝŽŶƐĂĨĨĞĐƚŝŶŐƚŚĞŵĂƚĂŶĂƚŝŽŶĂůĂŶĚŝŶƚĞƌŶĂƚŝŽŶĂůůĞǀĞů͙͟ The ƌŝƚŝƐŚKůLJŵƉŝĐƐƐŽĐŝĂƚŝŽŶ;KͿƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶ represents the interests of athletes in the BOA. It is a Committee established by the Board (BOA 2021b, art 7). The Chair is the athlete representative on the BOA Board. UK Athletics also has a h ŝĂďŝůŝƚLJƌŝƐŝŶŐKƵƚŽĨWĂƌƚŝĐŝƉĂƚŝŽŶŝŶ^ƉŽƌƚ͛ŝŶĚĂŵ> ĞǁŝƐYĂŶĚ:ŽŶĂƚŚĂŶdĂLJůŽƌY (eds) Sport: Law and Practice (4th ed, Bloomsbury Professional). Loken, Espen, Stokke, Torgeir Aarvaag, Nergaard, Kristine (2013) Labour Relations in Norway (Fafo) Ministry of Employment and the Economy (2021) Finnish Labour Legislation and Industrial Relations. Available online at < https://www.expat-finland.com/pdf/finnish_labour_legislation.pdf> KůLJŵƉŝĐ&ĞĚĞƌĂƚŝŽŶŽĨ/ƌĞůĂŶĚ;K&/Ϳ;ϮϬϮϬͿ͚ŽŵŵĞƌĐŝĂůKƉƉŽƌƚƵŶŝƚŝĞƐ for Participants During the Tokyo 2020 KůLJŵƉŝĐ'ĂŵĞƐdĂŬŝŶŐWůĂĐĞŝŶϮϬϮϭ͛͘ǀĂŝůĂďůĞŽŶůŝŶĞĂƚфŚƚƚƉƐ͗ͬͬƌƵůĞϰϬ͘ŽůLJŵƉŝĐƐ͘ŝĞͬƌƵůĞ-40-guidelines/> . ^ĞůƚŵĂŶŶ͕DĂdžŝŵŝůŝĂŶ;ϮϬϮϭͿ͚dŚĞ/ŶƐƚŝƚƵƚŝŽŶĂůWŽƐŝƚŝŽŶŽĨƚŚůĞƚĞƐŝŶƚŚĞ'ŽǀĞƌŶĂŶĐĞEĞƚǁŽƌŬƐŽĨƚŚĞKůLJŵƉŝc DŽǀĞŵĞŶƚŝŶĂŶĂĚĂ͕'ĞƌŵĂŶLJĂŶĚƚŚĞhŶŝƚĞĚ ŝŐƵĞĞůŐĞ&ƌĂŶĐŽƉŚŽŶĞĚ͛ƚŚůĠƚŝƐŵĞ;> &ͿŵĂLJďĞĂ party to the contracts which athletes conclude with the specific elite sport organisations of the community. Based on this, athletes receive no payments from the federation(s), except for some prize money that the sponsors of the federation might supply for individual events. 91 Figure 3.3: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from the National Athletics Federations of the Central European region. 3.6. The Role of Public Authorities without a Generic Focus on Elite Sport In four of the six countries of this European region, public authorities without a generic on elite sport play a role in shaping the employment and social relations of athletes in Olympic sports. In Austria, Belgium, Germany and Luxembourg, the armed forces of the country offer the opportunity for elite athletes to pursue their sporting career while serving as athlete soldiers. Other entities include the federal polices of Germany and Austria and minor agencies under the authority of state ministries. In Austria, a parliamentary resolution from 1997 establishes that the armed forces ʹ under the auspices of the Federal Ministry of Defence ʹ maintain a special elite sport group as well as specific sport centres for elite athletes. As athlete soldiers, athletes sign a standardised employment contract. To join the armed forces, athletes must be nominated by their NSF, Sport Austria and the respective representative of the discipline within the armed forces. The athlete must be a member of a national squad. Athletes in individual sports must have ranked 1-3 in the national championships, team sport athletes must play in the highest national division. All athletes need to undergo the basic military training. Each year, 150 new athletes can join the armed forces and start their military training. Having completed the basic training, ƚŚĞĂƚŚůĞƚĞƐ͛ƐƉŽƌƚŝŶŐƉĞƌĨŽƌŵĂŶĐĞŝƐĞǀĂůƵĂƚĞĚďLJ^ƉŽƌƚƵƐƚria and the armed forces representative. A positive review leads to the conscription by the Ministry of Defence as voluntary temporary military personnel. The fixed-term contracts are reviewed on an annual basis and can be renewed for a total period of up to 15 years. Contracts automatically terminate if an athlete signs a professional contract with a club. In 2021, 402 athletes are employed with the armed forces. Among them are also athletes from specific military sports, like parachuting or mountaineering which are not Olympic sports. As per employment contract, the main task of the athlete soldier is the successful participation in international 92 championships and an overall positive appearance and representation of Austrian Republic and Austrian Armed Forces. The specific obligations and duties for competitive athletes at the Federal Army are specified in a comprehensive regulation. As employees of the armed forces, athletes receive a regular salary. The salary depends on the rank of the soldier but in accordance with the national regulations, soldiers are entitled to 14 monthly salaries per year. This status also includes specific working time obligations that must be fulfilled. Athletes must keep record of their daily working hours which include time spent on training and competitions, regeneration, etc. Participation in competitions are considered business trips and must be approved in advance. The Austrian Police (Ministry of the Interior) offers a dual career programme for elite athletes with a specific focus on Olympic disciplines. As a public apprenticeship, athletes undergo the vocational training to become police officers while practising their sports. Athletes must fulfil the general requirements of the apprenticeship and must be a member of a national cadre to be eligible for a position. Currently, 60 athletes are employed by the Austrian Police within this programme. Just like soldiers, athletes also receive a monthly salary (14/year). The landscape of public entities in Germany is quite similar to that in Austria. Athletes from all sports can become members of one of the 15 so-called sports groups of the armed forces. The programme includes the basic training within the voluntary military service of the armed forces which usually takes eleven months to complete. For athlete soldiers the period can be extended to up to 23 months. After the training, athletes can pursue different careers in the armed forces and even study at one of the military universities to become officers in higher ranks. A total of approx. 800 spots is available to athletes, among which are also Paralympic athletes and athletes in military sports. Athlete soldiers are mostly exempted from their military duties to focus on their sporting development. Training takes place in cooperation with the sport federations and the Olympic Training Centres. The German Federal Police offers a dual- career model for athletes of 21 selected sports, most of which are winter sports. Athletes receive vocational training in an apprenticeship programme as ordinary police officers while also pursuing their sporting career. In contrast to athletes within the armed forces, police athletes live and train at one of the two specific federal police schools. The vocational training phase is extended to 3.5 year for summer sport and four years and two months for winter sport athletes. After the apprenticeship, athletes are fully employed as police officers. Up to 160 athletes can be a part of this programme. Based on this model, a large majority of athletes educated in the system remain with the Federal Police even after their sporting career and pursue different professional paths. Specifically designed for winter sports and in close cooperation with the German Skiing Federation (DSV), the German Customs offers spots for elite athletes in alpine skiing, biathlon, cross-country and Nordic combined. The apprenticeship includes a short vocational training period as ordinary civil servant. Depending on the educational level of the aspirant, athletes can also pursue careers in higher ranks. As of 2021, 64 athletes are designated as athlete civil servants with the German Customs. On the regional level of the German Länder, it is possible 93 to join the police services in 12 of the 16 Länder. Overall, up to 250 athletes can find employment with the police services of the German Länder. Each of the above-mentioned relationship is determined by a legal act and athletes, like all civil servants and soldiers in Germany, do not sign individual employment contracts. Athletes receive the regular salary depending on their rank and in line with the statutory wages of civil servants and soldiers. Working time for all civil servants is stipulated by law at 41 hours per week. Since no specific regulations exist, it must be assumed that the main duty of any athlete in the services of a state entity is his sporting performance. Time spent on training and competition, therefore, must be considered working time and the general regulations apply (Weihnacht 2021). Additionally, civil servants and soldiers are, by law, entitled to 30 days of annual holiday and to parental leave. The Ministry of Defence of Luxembourg also employs athletes as voluntary soldiers in the Army Elite Sport Section. Athletes recommended by the NOC can sign a contract as a voluntary soldier for a duration of four to eight years. A review takes place after three years and athletes receive a regular salary. Approx. 20 athletes are currently employed by the Ministry. Some athletes also have a partnership agreement with the ƉƵďůŝĐ ĂŐĞŶĐLJ ĐĂůůĞĚ ͞> ƵdžĞŵďŽƵƌŐ ƌĂŶĚŝŶŐ͘͟ dŚĞ ĂŐĞŶĐLJ ŝƐ ƌĞƐƉŽŶƐŝďůĞ ĨŽƌŵĂƌŬĞƚŝŶŐ ƚŚĞ country as a brand. On an individual basis, athletes can receive special state-funded sponsorship through different activities connected to endeavours of the agency. In Belgium, athletes with top results at international sport events can join the armed forces by entering into a contract with the Ministry of Defence. Despite being exempted from most of the military duties, the legal and social situation of athlete soldiers does not differ from those of ordinary soldiers. The ĐƵƌƌĞŶƚůLJ Ϯϳ ͞ƚŚůĞƚĞƐ Ăƚ ĞĨĞŶĐĞ͟ ŵƵƐƚ ĐŽŵŵƵŶŝĐĂƚĞ ƚŚĞŝƌ ǁĞĞŬůLJ ƐĐŚĞĚƵůĞ ŽĨ ϯϴŚͬǁĞĞŬ ƚŽ ŚŝƐ supervisor as well as an annual calendar including all training camps and competitions. The athletes receive a regular salary depending on their rank. Furthermore, the two employment services of Flanders and Wallonia offer specific programmes for athletes which are currently unable to combine higher education with elite sport. In close collaboration with the specific public organisations responsible for elite sport (see below) and the respective sport federation, the agencies support the career development of athletes and provide financial support. 94 Figure 3.4: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from public authorities without a generic focus on elite sport of the Central European region. 3.7. The Role of Specific Elite Sport Organisations In four of the six countries, specific elite sport organisations, in line with the concept utilized in this report, exist. These actors are different legal entities: in Belgium and Hungary, the organisations are public entities; in Germany and Austria, they take the form of private organisations. Interestingly, even in the two countries, where no specific organisations exist, the state plays an additional role and offers elite sport specific funding. While in the Netherlands no specific organisation exists, the stipend programme explained in section 4 is fully funded by the Ministry of Public Health, Welfare and Sport. The Fund for Elite Athletes is administered by a board of trustees consisting of representatives of the NOC*NSF, the NOC*NSF ƚŚůĞƚĞƐ͛ ŽŵŵŝƐƐŝŽŶ͕ ĂŶĚ ƚŚĞDŝŶŝƐƚƌLJ͘ /Ŷ Luxembourg, the Ministry of Sport also offers additional financial support for elite athletes through a special leave grant. Elite athletes supported by the COSL can apply for compensation payments for the participation in international competitions. In 2019, a total of 2.122 days has been compensated. In the Belgian communities, specific elite sport organisations play an important role for athletes. In Flanders, the French, and the German speaking community, three specific state agencies are established with the purpose to support and fund elite sports. In Flanders, athletes can be employed as civil servants by Sport Vlaanderen, the public body responsible for sport, in the so-called Elite Sport Employment WƌŽũĞĐƚ͘ƚŚůĞƚĞƐďĞůŽŶŐŝŶŐƚŽƚŚĞ͞ĞůŝƚĞĂƚŚůĞƚĞƐ͟Žƌ͞ƉƌŽŵŝƐŝŶŐLJŽƵŶŐĂƚŚůĞƚĞƐ͟ category of the sport system and active in a discipline of the Olympic programme can sign a fixed-term contract determined by law. Based on the educational level and the assigned grade, athletes receive a regular salary. It is also ƉŽƐƐŝďůĞƚŽƌĞĐĞŝǀĞĨƵŶĚŝŶŐƚŽƐƵƉƉŽƌƚƐĐŚŽŽůĂŶĚƵŶŝǀĞƌƐŝƚLJĞĚƵĐĂƚŝŽŶ;͞ůŝƚĞ^ƉŽƌƚ^ƚƵĚĞŶƚWƌŽũĞĐƚ͟Ϳ͘ 95 Four different models exist: Elite athletes in the Elite Sport Employment Project receive 100% of the scalar salary; promising young athletes in the project receive 50% of the scalar salary. Within the Elite Sport Student Project, elite athletes receive 80% and young athletes 50% of the salary. In addition to the financial support, athletes also receive subsidies for equipment as well as career training and study support. Currently, 58 athletes have an employment contract with Sport Vlaanderen. In the French speaking community, the General Administration for Sport (ADEPS) offers similar opportunities for elite athletes. Here, athletes can sign fixed-term contracts for one year, which can be renewed several times. The requirements are the same as in Flanders and athletes receive a collectively negotiated salary as civil servants. Athletes are also supported with regards to travel expenses, the purchase of equipment and training courses. 68 athletes are employed by ADEPS. In the German-speaking community, the same model is offered by the Department of Sport, Media and Tourism and one athlete is currently employed by the entity. In all three communities, the working time of athletes does not differ from those of ordinary civil servants and is determined at 38 hours per week. These hours are divided between training, competitions and rehabilitation. The employment contract may also include commitments to attend social events to represent the agency. The Wesselenyi Miklos Sports public foundation is the statutory body administering the Gerevich Aladár Sport Scholarship in Hungary. Paragraph 58 (1) of the 2004 Act on Sport establishes that: ͞/Ŷ ŽƌĚĞƌ ƚŽ ĂĐŚŝĞǀĞ ŽƵƚƐƚĂŶĚŝŶŐ ƐƉŽƌƚŝŶŐ ƌĞƐƵůƚƐ Ăƚ ƚŚĞ KůLJŵƉŝĐ 'ĂŵĞƐ͕ WĂƌĂůLJŵƉŝĐ 'ĂŵĞƐ͕ ŚĞƐƐ Olympiad and Special World Games, the Aladár Gerevich Sports Scholarship may be awarded to athletes participating in the Olympic Games, Paralympic Games, Chess Olympiad and Special World Games, as well as to sports professionals who have contributed to their preparation, for a maximum period of four LJĞĂƌƐ͘^ƉŽƌƚƐƐĐŚŽůĂƌƐŚŝƉƐŵĂLJĂůƐŽďĞĂǁĂƌĚĞĚƚŽƐƵƉƉŽƌƚƚŚĞƐƚƵĚŝĞƐŽĨĐŽŵƉĞƚŝƚŝǀĞĂƚŚůĞƚĞƐ͘͟ The scholarships are available to athletes in 22 different sports and include a monthly regular allowance for athletes and student athletes. The funding is provided by the Ministry of Human Resources and its State Secretariat of Sports. The public foundation administers and distributes the scholarship. The board of the foundation is appointed by the Prime Minister and consists of members of the HOC, the NSFs and other national sport governing bodies. The scholarship is also available to amateur athletes. In Germany and Austria, a long tradition of private organisations supporting national elite athletes exist: The German Sport Aid Foundation is the key institution regarding the financial and non-material support of athletes ʹ especially of those athletes without a position with the armed forces or any other public entity. Traditionally, the foundation collected donations and received finances from industry partners. Since 2019, the Federal Ministry of the Interior also funds the organisation leading to an increase of the financial support for elite athletes. In principle, all cadre/squad athletes in Olympic and Paralympic sports are eligible for support of the Sport Aid Foundation. However, the Advisory Committee, in collaboration with the board of directors of the foundation, can decide to exclude certain sports from the financial 96 support scheme. This is the case for several professional sports where athletes can earn enough money from their contracts with clubs. The decisions are made on a case-by-case basis, also distinguishing between different disciplines and gender-ĐĂƚĞŐŽƌŝĞƐ͘ džĞŵƉůĂƌŝůLJ͕ ŵĞŶ͛Ɛ ĨŽŽƚďĂůů ŝƐ excluded from ƐƵƉƉŽƌƚ ŝŶĂůů ĂŐĞĐĂƚĞŐŽƌŝĞƐǁŚŝůĞǁŽŵĞŶ͛Ɛ ĨŽŽƚďĂůů ŝƐ ŝŶĐůƵĚĞĚ ŝŶ ƚŚĞLJŽƵƚŚĐĂƚĞŐŽƌLJ͘&ƵƌƚŚĞƌŵŽƌĞ͕ individual disciplines under the same NSF are distinguished: while for example ski jumpers are eligible for support, athletes in biathlon and alpine skiing are not. To receive the support, athletes are required to sign a standardised support agreement with the foundation. The agreement automatically terminates when the athlete loses his cadre status. Currently, approx. 4.000 athletes, including 500 athletes in Paralympic sports, receive the support of the foundation. The organisation has developed a complex funding scheme for athletes which depends on the cadre status and further individual aspects of the athlete, like whether he is a student or faces specific social conditions. The general monthly financial support͕ĚĞƚĞƌŵŝŶĞĚďLJĂĐŽŵƉƌĞŚĞŶƐŝǀĞƉŽůŝĐLJ;ƐĞĞ'ƵƚĞŬƵŶƐƚϮϬϮϬͿ͕ƌĂŶŐĞƐĨƌŽŵΦϮϬϬĨŽƌLJŽƵƚŚĞůŝƚĞ ĂƚŚůĞƚĞƐƚŽΦϴϬϬĨŽƌŵĞŵďĞƌƐŽĨƚŚĞ͞dŽƉdĞĂŵ͘͟dŚĞĨŝŶĂŶĐŝĂůƐƵƉƉŽƌƚŝƐƌĞĚƵĐĞĚĨŽƌĂƚŚůete soldiers and civil servants. As per coordinated decree of the German Länder, the money is considered an expense allowance and, on this basis, athletes can avoid taxation. This further clarifies that the agreement does not imply a dependent employment of the athlete. Price money is paid to athletes for successes at the KůLJŵƉŝĐ'ĂŵĞƐƌĂŶŐŝŶŐĨƌŽŵΦϮϬ͘ϬϬϬĨŽƌĂŐŽůĚŵĞĚĂůƚŽΦϭ͘ϱϬϬĨŽƌƉůĂĐĞĞŝŐŚƚ͘dŚĞďŽŶƵƐĞƐĂƌĞƉĂŝĚ over a period of twelve months. Depending on the status, further funding opportunities exist including subsidies for boarding school students or additional elite programmes of the industry partners. By signing the agreement with the German Sport Aid Foundation, athletes agree to pay a solidarity payment of 5% of their annual sponsoring related income to the foundation. The amount is capped at a maximum of Φϱ͘ϬϬϬƉĞƌLJĞĂƌ͘/ŶĂĚĚŝƚŝŽŶƚŽƚŚĞĨŝŶĂŶĐŝĂůƐƵƉƉŽƌƚ͕ĂǁŝĚĞĂƌƌĂLJŽĨŶŽŶ-material support programmes is available to elite athletes. These include workshops on social media or different coaching and mentoring programmes. The Austrian ͞ĐŽƵŶƚĞƌƉĂƌƚ͟ĞdžŝƐƚƐŝŶƚŚĞĨŽƌŵŽĨƚŚĞƵƐƚƌŝĂŶ^ƉŽƌƚŝĚ͘/ŶĐŽŶƚƌĂƐƚƚŽƚŚĞŽƚŚĞƌĐŽƵŶƚƌŝĞƐ of the region, the state does not support athletes through any sport specific entity or direct a direct funding model, except for the programme of the Elite Sport GmbH, channelled through the NSFs (see section 5). The Austrian Sport Aid is a private non-profit organisation and does not receive funding from public money. The organisation promotes elite sport through financial and non-material support. Athletes of the elite cadres of the NSFs are eligible to the support programmes and sign a cooperation agreement with the foundation. The agreement is fixed for one year and specifically states that no legal claim for the fiŶĂŶĐŝĂůƐƵƉƉŽƌƚĞdžŝƐƚƐ͘ƚŚůĞƚĞƐǁŝƚŚĂŶŝŶĚŝǀŝĚƵĂůĂŶŶƵĂůŝŶĐŽŵĞŽĨŵŽƌĞƚŚĂŶΦϭϬϬ͘ϬϬϬ are excluded from receiving financial support. Depending on performance criteria, athletes receive a varying amount of financial support in one of three performance categories. The monthly payment of a ŵĂdžŝŵƵŵŽĨΦϭ͘ϬϬϬƉĞƌŵŽŶƚŚ ŝƐƌĞĚƵĐĞĚĨŽƌĂƚŚůĞƚĞĞŵƉůŽLJĞĚďLJƚŚĞĂƌŵĞĚĨŽƌĐĞƐĂŶĚƚŚĞƉŽůŝĐĞ͘ 97 Further financial and non-material support opportunities exist but are dependent on the sport, the status of the athlete and additional sources of income. Figure 3.5: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from specific elite sport organisations of the Central European region. 3.8. Sponsorship, Self-Marketing and Additional Work Standard/model contracts as a service which athletes might use for sponsorship deals are provided by none of the investigated actors in the six countries of the present region, though informal support, as for example practised by the COSL and FLA in Luxembourg and the DOSB in Germany, is offered in some cases. Legal disputes and/or court rulings specifying the relationship between athletes and sponsors have not been held in any of the countries. However, some debates about the relationship between athletes and sponsors occurred for example in Belgium. These centre mainly around cases in which the main (personal) sponsor of an athlete differs from the sponsor of a particular event. Several actors, predominantly the NOCs and specific elite sport organisations, support athletes and provide incentives for self-marketing and commercial opportunities. Different types of vocational training and individual advice are the most common practices, except in Hungary where none of the surveyed actors has developed relevant incentives. In Austria, the ÖOC for example offers 30 selected athletes an ŝŶĚŝǀŝĚƵĂůŵĞĚŝĂƐƵƉƉŽƌƚĨŽƌĂƐƉĞĐŝĨŝĐƉĞƌŝŽĚĂŝŵĞĚĂƚŝŶĐƌĞĂƐŝŶŐƚŚĞĂƚŚůĞƚĞ͛ƐŝŶĚŝǀŝĚƵĂůŵĞĚŝĂǀĂůƵĞ and acquiring additional sponsors. Though there are no specific incentives, the ÖLV supports athletes in identifying possible partners and sponsors as well. While public authorities and specific elite sport organisations in Austria do not provide incentives in the narrower sense, competitive athletes of the Austrian Armed Forces are granted with a special leave of a maximum of five days per year for media appearances. In Belgium, relevant incentives are offered by the COIB, public authorities (e.g. ministries) and specific elite sport organisations (e.g. Sport Vlaanderen, ADEPS), but not by the RBAF. The COIB 98 ĂĐƚŝǀĞůLJƉƌŽŵŽƚĞƐƚŚĞ/K͛Ɛ͞ƚŚůĞƚĞϯϲϱ͟ĂĐƚŝǀŝƚŝĞƐǁŚŝĐŚĐŽŶƚĂŝŶĂŶƵŵďĞƌŽĨŵŽĚƵůĞƐƌĞůĂƚĞĚƚŽƐĞůĨ- branding and entrepreneurship (e.g. sponsorship, sports media). The Ministry of Defence prepares athletes for interviews and other media appearances through specific media training (e.g. internal courses) but does not provide financial incentives. The objective is that the individual athlete can better ͞ƐĞůů͟ ŚĞƌƐĞůĨͬŚŝŵƐĞůĨ ŝŶ ǀŝĞǁ ŽĨ ƐƉŽŶƐŽƌƐŚŝƉ ĂŐƌĞĞŵĞŶƚƐ ĚĞĚŝĐĂƚĞĚ ƚŽ ŽďƚĂŝŶŝŶŐ ĂĚĚŝƚŝŽŶĂů ĨŝŶĂŶĐŝĂl sources. In cooperation with Sport Vlaanderen, tailor made offers are also provided by the Belgian public employment service VDAB. In addition, Sport Vlaanderen and ADEPS offer educational programmes for athletes on various aspects, comprising media-training and specific courses on how to use social media for instance. Sport Vlaanderen also provides athletes with specific career guidance, aimed at increasing ĂƚŚůĞƚĞƐ͛ ƐĞůĨ-knowledge, assessment, and skill development for personal branding and employment purposes (still being developed). Like in Belgium, public authorities and specific elite sport organisations in Germany offer incentives as well. Foremost, the German Armed Forces play an important role in the ƉƌŽŵŽƚŝŽŶŽĨĂƚŚůĞƚĞƐ͛ ƐĞůĨ-marketing. Since 2019, the training of soldiers also includes a module on ͞ĐŽŵŵƵŶŝĐĂƚŝŽŶĂŶĚŵĞĚŝĂ͟;,ĂŚŶϮϬϮϬ͕Ɖ͘ϭϱͿ͘/ŶĂĚĚŝƚŝŽŶ͕ĐĂƌĞĞƌƚƌĂŝŶŝŶŐĂŶĚŵĞŶƚŽƌŝŶŐƉƌŽŐƌĂŵŵĞƐ͕ including social media training and speaker coaching, are implemented by the German Sport Aid Foundation for current and former athletes. The DOSB offers seminars and workshops for athletes and ƚŚĞŝƌ ƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐŽŶǀĂƌŝŽƵƐ ŝƐƐƵĞƐ͕ĂƐ ĨŽƌĞdžĂŵƉůĞŽŶ ƚŚĞ /K͛ƐZƵůĞϰϬ͕ĂŶĚƉƌŽŵŽƚĞƐĂƚŚůĞƚĞƐ͛ communication skills (e.g. interview conduct, presentation, use of social media) through dedicated trainings. On the contrary, in Luxembourg and the Netherlands, incentives are offered solely by the NOC and national athletics federation each, but not by public authorities and specific elite sport organisations. Related incentives created by the COSL and FLA entail informal support to contact potential sponsors and partners in Luxembourg. While the KNAU also limits its activities to providing information on sponsorships, the NOC*NSF furthermore offers financial and leŐĂů ĂĚǀŝĐĞ ǁŝƚŚ ƌĞŐĂƌĚƐ ƚŽ ĂƚŚůĞƚĞƐ͛ sponsorship deals in the Netherlands. Restrictions on self-marketing and commercial opportunities of athletes are stipulated primarily through provisions integrated into the Olympic Charter to which both NOCs and athletes must comply. Recognising the Olympic Charter, first and foremost, the NOCs presuppose that athletes also abide to ƚŚĞǁŝĚĞůLJĐŽŶƚĞƐƚĞĚZƵůĞϰϬǁŚŝĐŚƌĞƐƚƌŝĐƚƐĂƚŚůĞƚĞƐ͛ƐĞůĨ-marketing opportunities during the Olympic Games (IOC 2020, p. 76). Following an amendment presented by the IOC Legal Commission in 2019, on a case-by-case basis, athletes may however negotiate individual deviations from the rule in cooperation with their NOCs which take a core responsibility in its implementation based on key principles defined by the IOC (IOC 2021; Pavitt 2019). However, not only leading bodies of the Olympic movement, but also public authorities and specific elite sport organisations lay down relevant provisions in some countries of the present region. In Austria, neither the ÖOC and ÖLV nor specific elite sport organisations prescribe any specific restrictions, though acknowledging that athletes have to comply with the marketing restrictions of the Olympic Charter during and prior to the Olympic Games. Public authorities however intervene to a greater extent in Austria. According to the implemented rules for competitive sports of 99 the Austrian Armed Forces (Durchführungsbestimmungen für den Heeres-Leistungssport (DBHLS), GZ.: S93738/57-HSpo/2018), there are some conditions and guidelines regarding sponsoring agreements of athletes. Above all, sponsoring agreements may not damage the reputation of the Armed Forces. Obligations due to sponsorship agreements not only have to be pursued outside working time, the ƌŵLJ͛Ɛ Đoncerns and interests must always have priority and all sponsors and supporters must be reported. Sponsorship agreements of military personnel with civil servant status are subject to regulations of § 56 on the reporting obligation of secondary employment in the 1979 Federal Civil Servants Act (Beamten-Dienstrechtgesetz (BDG)). In Belgium͕ƚŚĞK/ĂĚŽƉƚƐƌĞƐƚƌŝĐƚŝŽŶƐƌĞƐƵůƚŝŶŐĨƌŽŵƚŚĞ/K͛ƐƌĞŐƵůĂƚŝŽŶƐ͕ĨŽƌĞdžĂŵƉůĞŝŶƌĞůĂƚŝŽŶƚŽ participation in the Olympic Games or protection of intellectual property. It also acknowledges that other competitions organised by event organisers of the Olympic movement (e.g. EOC or ANOC) might apply similar rules which are specified in a code of conduct. In addition to national equipment, the RBAF also adopts regulations for sponsorships on club shirts based on the rules established by World Athletics (formerly: IAAF) (RBAF 2015). The Ministry of Defence specifies that every elite athlete must ask officially to generate cumulative income in the case self-marketing allows them to earn extra money. However, restrictions generally do not exist as long as there are no conflicts between the values of the Belgian Defence and potential sponsors, respectively a third party. Among the Flemish community, Sport Vlaanderen requires athletes committing themselves to not enter into any relationships with third ƉĂƌƚŝĞƐ ƚŚĂƚ ŝŶĐůƵĚĞ ƉƌŽǀŝƐŝŽŶƐ ǁŚŝĐŚ ĂƌĞ ŝŶ ĐŽŶĨůŝĐƚ ǁŝƚŚ ƚŚĞ ƐƚŝƉƵůĂƚŝŽŶƐ ŽĨ ĂƚŚůĞƚĞƐ͛ ƵŶĚĞƌůLJŝŶŐ employment agreement with its organisation. In the case an athlete might commit herself/himself with a commercial partner, that athlete has a reporting requirement towards Sport Vlaanderen to avoid any conflicts. In Germany, restrictions on self-marketing and commercial opportunities are integrated into regulations of the DOSB to which athletes must comply. As a result of controversial debates and the decision of the German Federal Cartel Office (Bundeskartellamt) from 2019 (2nd Decision Division B2ʹ26/17), the DOSB has published guidelines for German athletes dedicated to ensuring compliance with Rule 40 while allowing them some possibilities for self-marketing (DOSB 2021a). In Hungary, the MOB specifies restrictions on self-ŵĂƌŬĞƚŝŶŐ ĂŶĚ ĐŽŵŵĞƌĐŝĂů ŽƉƉŽƌƚƵŶŝƚŝĞƐ ŽĨ ĂƚŚůĞƚĞƐ ďĂƐĞĚ ŽŶ ƚŚĞ /K͛Ɛ ZƵůĞ ϰϬ͖ major deviations from the general provisions are unknown. While specific restrictions have not been established by any of the investigated actors in Luxembourg, the NOC*NSF and KNAU refer to related issues in the Netherlands. The NOC*NSF for example has its own sponsorship deals and outlines restrictions on sponsoring by personal sponsors as part of the contractual relationship with athletes for the Olympic Games (see section 4). Yet, as in Germany, it is possible to make individual arrangements with the NOC*NSF which are in accordance with Rule 40. In the case the athlete enters into an agreement with the KNAU, it is possible for the federation to stipulate restrictions on personal sponsorship deals since it also has sponsorships of its own. 100 Policies, regulations, or contract provisions that restrict the athlete from pursuing additional work are put into place in most of the investigated countries, though their actual degree of regulation may vary largely. Sponsorship agreements of military personnel with civil servant status in Austria are subject to regulations of § 56 in the Federal Civil Servants Act (BDG), including reporting obligations on secondary employment (see above). In Belgium͕ƚŚĞDŝŶŝƐƚƌLJŽĨĞĨĞŶĐĞƐƚŝƉƵůĂƚĞƐƚŚĂƚĂŶĂƚŚůĞƚĞ͛ƐĞŵƉůŽLJŵĞŶƚ activities outside the field of Defence require prior approval. Unless approved, every elite athlete at the Ministry of Defence who wants to perform extra employment activities during her/his time as an elite athlete cannot continue as an elite athlete within the Defence for that time being. Sport Vlaanderen specifies that an athlete is asked to consult with it in the case she/he would perform additional work. Cases in which an elite athlete has an additional employment relationship are however very exceptional and perhaps even non-existing. Sport Vlaanderen demands full commitment from the athlete related to her/his sporting discipline and therefore always offers fulltime employment agreements. Possible restrictions are thus included in the underlying employment agreement. ADEPS allows for cumulative income, though specifying that this must be authorised by the Administration Générale du Sport (AGS). Restrictions among the German-speaking community do not exist. While related restrictions do not exist in Germany in the narrower sense, additional work by athletes who are employed as civil servants (e.g. Armed Forces) must be approved by the employer. For soldiers, additional work might not be approved if the working time exceeds 1/5 of the regular weekly working time (more than 8h) or if the remuneration amounts to more than 40% of the annual salary of the soldier according to § 20 (4) of the German Soldiers Act (Soldatengesetz, SG) (Federal Law Gazette (BGBl) Part I, 2005-06-07, No. 31, pp. 1482-1509). While amateur athletes can generally enter into sponsorship contracts in Hungary, those with a contract might (not) be allowed to enter into additional employment contracts outside their club. Professional athletes may only fulfil additional work engagements upon written consent of the responsible sports organisation/federation. Whereas the situation is less rigid in > ƵdžĞŵďŽƵƌŐĂŶĚƚŚĞEĞƚŚĞƌůĂŶĚƐ͘^ŝŶĐĞŵŽƐƚŽĨƚŚĞĂƚŚůĞƚĞƐĂƌĞĐŽŶƐŝĚĞƌĞĚ͞ĂŵĂƚĞƵƌƐ͟ŝŶLuxembourg, ǁŝƚŚŽŶůLJĂ ĨĞǁŚĂǀŝŶŐĞŝƚŚĞƌƉƌŽĨĞƐƐŝŽŶĂů͞ƉƌŝǀĂƚĞ͟ĐŽŶƚƌĂĐƚƐƐƵĐŚĂƐĐLJĐůŝƐƚƐŽƌ ƚŚĞƐƚĂƚƵƐĂƐ͞ƐƉŽƌƚ ƐŽůĚŝĞƌ͕͟ƌĞŐƵůĂƚŝŽŶƐŽƌĐŽŶƚƌĂĐƚƉƌŽǀŝƐŝŽŶƐƚŚĂƚƌĞƐƚƌŝĐƚƚŚĞĂƚŚůĞƚĞĨƌŽŵƉƵƌƐƵŝŶŐĂĚĚŝƚŝŽŶĂůǁŽƌŬĂƌĞ applied rarely. Though a contract can in principle contain a non-compete clause and/or a prohibition of other activities, in practise, this is rarely seen in the Netherlands as well. 3.9. Occupational Safety and Health Specific national laws and court decisions on the occupational safety and health of athletes have been established only in some of the investigated countries, while in most of them general national laws can be applied under specific circumstances, for example depending on the legal/contractual status of an athlete. Although to a different extent, occupational safety and health measures for athletes are 101 generally provided by NOCs, national athletic federations, and public authorities in the six countries, including accident insurance, mental and physical health provisions, prevention/information, safety policies, medical check-ups, and access to medical facilities. Whereas only a lower share of specific elite sport organisations provides related measures. For the period of the Olympic Games, athletes generally waive any obligations of the IOC and OCOG in accordance with the IOC Conditions for Participation Form, though some of the actors, especially NOCs, assume specific obligations as well. Outside the Games, NOCs and public authorities owe a variety of health and safety obligations towards athletes. In Austria, particularly the cases of Sahinovic in 2017 and Müller in 2018 have provoked strong implicationƐĨŽƌŵĞĂƐƵƌĞƐŽŶĂƚŚůĞƚĞƐ͛ŽĐĐƵƉĂƚŝŽŶĂůƐĂĨĞƚLJĂŶĚŚĞĂůƚŚ͕ŝŶĐůƵĚŝŶŐĂƌŐƵŵĞŶƚƐĨŽƌĂŐƌĞĂƚĞƌ responsibility on the parts of the ÖOC for instance (see section 3). Liabilities at sporting events are ĨƵƌƚŚĞƌŵŽƌĞŝŶƚĞŐƌĂƚĞĚŝŶƚŽƚŚĞ͞^ƉŽƌƚůĞƌŚĂĨƚƵŶŐƐƉƌŝǀŝůĞŐ͟ which contains typical associated risks of the sports carried out. For other safety hazards which athletes cannot necessarily expect in their sports, event organisers must take liability for. Overall, occupational safety and health measures are provided by the OÖC, ÖLV, and public authorities in Austria. Substantiated by the court ruling in the case of Sahinovic in 2017, the ÖOC may in principle owe specific health and safety obligations towards athletes during the period of Olympic Games, as for example accident insurance. Outside the period of the Games, the Austrian Armed Forces are responsible during working time, and the NSFs owe obligations towards athletes during competitions. The ÖLV for example establishes that all cadre athletes have insurance coverage during training and competition as well as regular medical check-ups. In addition, athletes employed by the Austrian Federal Army have a compulsory accident insurance during working time. The accident insurance in the latter two cases is a private insurance which should not be confused with the accident insurance for athletes with employee status within the compulsory insurance under the General Law on Social Security (Allgemeines Sozialversicherungsgesetz, ASGV). While specific court decisions have not been adopted in Belgium, specific national laws provide critical provisions on the occupational safety and health of athletes. Based on the community decrees (see below), a general health and safety obligation towards athletes lies with the sports federations. Affecting athletes of the Flemish community, the decree on healthy and ethical sport (20 December 2013) includes a number of minimum conditions and incentives for a health-oriented and ethical sports policy of sport organisations and federations at the levels of both grassroots and elite sport. On this basis, elite athletes can for example receive an annual allowance for sports medical screening. Among the French community, the decree on the prevention of health risks in sport (3 April 2014) that comprises a set of obligations for sports organisations and federations requires athletes, in particular competing athletes, to have a certificate of absence of contraindication to the practice of a sport. In Belgium, relevant measures are provided by the COIB, RBAF, public authorities, and by specific elite sport organisations. Outside the Games, the COIB provides athletes with health and safety measures during its training camps and multi-disciplinary competitions, including repatriation, civil liability for all, and medical liability for 102 physiotherapists and doctors. It for example puts a medical team (doctors, physiotherapists, psychological experts) at the disposal of the athletes. This medical support also includes screening and injury prevention, in coŽƉĞƌĂƚŝŽŶ ;Ğ͘Ő͘ ǀŝĂ ƚŚĞ ƉůĂƚĨŽƌŵ ͞WĂŶĞŐĂ͟ͿǁŝƚŚ ƐƉŽƌƚƐ ĨĞĚĞƌĂƚŝŽŶƐ ĂƐǁĞůů ĂƐ financial support from elite sport organisations such as Sport Vlaanderen and ADEPS in the Flemish and French communities, respectively. For elite athletes employed by the Ministry of Defence, physical and medical (entrance) tests are organised. Sporting accidents and others are considered work-related accidents. Though neither specific national laws nor court decisions have been established in Germany, general national laws may apply depending on the legal status of the athlete. However, Weihnacht (2021) points out that athletes who are civil servants find themselves in an unclear status where obligations of civil service law mix with those of the private law of sports clubs, federations, and/or event organisers. German athletes receive an insurance package for the period of the Olympic Games from the DOSB, including accident insurance, liability, legal expenses, baggage insurance, and medical support through doctors and therapists at the venues and the German house (DOSB 2021b, p. 5). Outside the Games, among civil servants, general health and safety obligations fall upon the employer of athletes in sports groups and include a variety of provisions covered by law (Weihnacht 2021). As members of sports clubs, athletes are obliged to safety measures and insurances that are provided by the clubs. It is common in Germany that athletes have insurance coverage provided by their club during training or travels on behalf of the club. Yet, specific elite sport organisations are at the forefront in Germany. The German Sport Aid Foundation for example offers a comprehensive insurance package for all athletes who receive its support, including accident insurance, liability insurance, legal expenses insurance, and international health insurance. The organisation furthermore gives prioritised access to specific medical facilities for athletes, especially to special dentists, ophthalmologists, and private hospitals specialising on sport medicine. Prevention and education on potential sources of harm and risk are usually provided by the Olympic Training Centres. In Hungary, sport-specific national laws on the occupational safety and health of Olympic athletes are integrated into the 2004 Act on Sports. As specified in section 79 § (1) of the Act, the government is ĂƵƚŚŽƌŝƐĞĚƚŽƐƚŝƉƵůĂƚĞƉƌŽǀŝƐŝŽŶƐŽŶĂ͞ ƐƉŽƌƚƐŚĞĂůƚŚĐĂƌĞŶĞƚǁŽƌŬ͘͟ŽŶĐĞŝǀŝŶŐĂĐĐŝĚĞŶƚƐŽĨƉƌŽĨĞƐƐŝŽŶĂů athletes that occur during the practice of a sporting activity as occupational accidents in accordance with 8 § (5), professional athletes generally have an employment contract with their club and/or sports federation in which health and safety regulations must be outlined. As stated above, it is only rarely the case that athletes in Olympic sports have a professional contract. Clubs and/or sports federations (here: ĞŵƉůŽLJĞƌƐͿĂƌĞŽďůŝŐĞĚƚŽŝƐƐƵĞĂ͞ƐƉŽƌƚƐŝŶƐƵƌĂŶĐĞ͟ĨŽƌƉƌŽĨĞƐƐŝŽŶĂůĂƚŚůĞƚĞƐ͕ŝŶĐůƵĚŝŶŐ͞ůŝĨĞĂŶĚƐƉŽƌƚƐ ĂĐĐŝĚĞŶƚ ŝŶƐƵƌĂŶĐĞ ƉŽůŝĐŝĞƐ͘͟ dŚĞ ĨĞĚĞƌĂƚŝŽŶƐ ƐŚĂůů ĨƵƌƚŚĞƌŵŽƌĞ ĞƐƚĂďůŝƐŚ ƚŚĂƚ ƚŚĞ ƐƉŽƌƚ ůŝĐĞŶƐĞ permitting athletes to take part in competition sport is issued only for athletes with a validated sports medical status, implying the conduct of regular health car check-ups as prescribed by 3 § (4) of the Act 103 on Sports. While accident insurance, medical check-ups, and access to medical facilities are provided by the MOB and MASZ, the two organisations do not adopt specific provisions on mental health, physical health, prevention/information, and safety policies in relation to facilities. Table 3.2: Occupational safety and health provisions for athletes in the Central European region. Actor / Occupational safety and health provisions Accident insurance Mental health Physical health Prevention Safety policies Medical check-ups Access to medical facilities NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation *Statutory occupational safety and health provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. Sport specific legal provisions on occupational safety and health for athletes are integrated into Article ϭϮ;͞> ͛ĂƐƐƵƌĂŶĐĞƐŽĐŝĂůĞ͟ͿŽĨƚŚĞϮϬϬϱ^ƉŽƌƚƐ> ĂǁĐƚ in Luxembourg. It is stipulated that athletes shall have a contract with at least one insurance company recognised by the state, predominantly with the Caisse de secours mutuels des sportifs (CSMS), covering liability and accident insurance, among others, adapted to specific sport disciplines. The latter is a complementary health protection that covers services which are not provided for by the compulsory CNS (National Health Fund) administered by the Ministère 104 de la Sécurité sociale. ƚŚůĞƚĞƐ͛ŽďůŝŐĂƚŽƌLJƐƉŽƌƚůŝĐĞŶƐĞĨƵƌƚŚĞƌŵŽƌĞŝŵƉůŝĞƐĂƌĞŐƵůĂƌŵĞĚŝĐĂůĐŚĞĐŬ-up ;ƐƚĂƌƚŝŶŐǁŝƚŚϳLJĞĂƌƐͿ͘ZĞůĂƚĞĚƐƉŽƌƚƐŵĞĚŝĐĂůĞdžĂŵŝŶĂƚŝŽŶƐĂƌĞŽƉĞƌĂƚĞĚďLJƚŚĞƉƵďůŝĐ͞ŵĞĚŝĐo-ƐƉŽƌƚŝĨ͟ based on the modified law of 23 December 2016. While primarily public authorities are responsible for health and safety provisions in Luxembourg, including coverage of various insurance packages, the COSL, NSFs, and specific elite sport organisations establish various tools for prevention and protection as well. Elite athletes have for example the opportunity to be checked regularly in the Luxembourg Institute for High Performance in Sports (LIHPS) and its High-Performance Training and Recovery Center. Students of the Sportlyçée can get medical treatments and mental guidance. Another partner is the Eich Hospital ǁŝƚŚƚŚĞƐƉĞĐŝĂůŝƐĞĚƐƉŽƌƚĚĞƉĂƌƚŵĞŶƚ͞DĠĚĞĐŝŶĞĚƵ^ƉŽƌƚĞƚĚĞƉƌĞǀĞŶƚŝŽŶ͘͟ In the Netherlands, some occupational safety and health measures are provided by the NOC*NSF and KNAU, including accident insurance, physical health measures, prevention/information, medical check- ups, and access to medical facilities. Though Dutch athletes enter into a formal relationship with the NOC*NSF during the Olympic Games, in the case of an acute safety hazard, it is unclear whether or not the NOC*NSF can be liable for related damages. The accident insurance administered by the KNAU covers all athletes and not just professionals. Public authorities and specific elite sport organisations do not implement relevant measures, though insurances for accidents and mental health are usually covered by the (mandatory) medical insurance. 3.10. Social Protection In most of the surveyed countries, general provisions of social protection in national law may apply to athletes depending on their legal/contractual status. In the narrower sense, sport specific social protections in national law have only been implemented in Hungary and Luxembourg, though different types of financial support and social security measures have also been established in some countries such as Austria and Germany, for instance. Except for Austria, relevant court cases on the social protection entitlements of athletes in Olympic sports have not been held in Belgium, Germany, Hungary, Luxembourg, and the Netherlands. In Austria͕ ƚŚĞĐĂƐĞŽĨ^ĂŚŝŶŽǀŝĐ ƐƉƵƌƌĞĚĐŽŶƚƌŽǀĞƌƐŝĂůĚĞďĂƚĞĂďŽƵƚĂƚŚůĞƚĞƐ͛ ƌŝŐŚƚƐ ƚŽďĞ granted with social protection, especially accident and disability insurance, during the Olympic Games. Overall, social protections are provided largely by public authorities of the six countries, followed by specific elite sport organisations. Bodies of the Olympic movement such as NOCs and national athletics federations are less involved. General provisions (general compulsory insurance) made by the public authorities apply on the basis of the ůĞŐĂůƐƚĂƚƵƐŽĨĂŶĂƚŚůĞƚĞĂƐĞŵƉůŽLJĞĞ;͞ŝĞŶƐƚŶĞŚŵĞƌ͟Ϳ͕ǁŚŝůĞƐƉŽƌƚ-specific social protections in national law do not exist in Austria. In the light of the case of Sahinovic, not only Austrian athletes who have an employment contract with public authorities receive a general compulsory insurance and complete 105 ĐŽǀĞƌĂŐĞŽĨƐŽĐŝĂůƉƌŽƚĞĐƚŝŽŶƐ͕ďƵƚĂƌŐƵĂďůLJĂůƐŽƚŚŽƐĞǁŚŽĂƌĞŝŶĂ͞ĨĂĐƚƵĂů͟ƌĞůĂƚŝŽŶƐŚŝƉǁŝƚŚƚŚĞPK during the Olympic Games ought to be granted with social protections (see above). In Belgium, provisions of social protection are related mainly to employment acts and the status of public servants (related to the applicable decree), including entitlements to receive unemployment benefits and health insurance (e.g. hospitalisation insurance). Social protections for athletes are provided by the COIB, ƉƵďůŝĐ ĂƵƚŚŽƌŝƚŝĞƐ͕ ĂŶĚ ƐƉĞĐŝĨŝĐ ĞůŝƚĞ ƐƉŽƌƚ ŽƌŐĂŶŝƐĂƚŝŽŶƐ͘ dŚĞ K/ ĨŽƌ ĞdžĂŵƉůĞ ƌƵŶƐ ƚŚĞ ͞^K> /D͟ ƉƌŽŐƌĂŵŵĞ;͞^K> /ĚĂƌŝƚLJĨŽƌKůLJŵƉŝĐDůůŝƐƚƐ͟Ϳ͘dŚĞƉƌŽŐƌĂŵŵĞǁŚŝĐŚŝƐŵĂŶĂŐĞĚƚŚƌŽƵŐŚĂƐĞƉĂƌĂƚĞ foundation aims to provide financial assistance to Olympic medallists who find themselves in social, societal, and/or financial difficulties after their sporting career.33 In the case athletes are employed by a sports club in Germany, they are obliged to the same general social protection provisions as other employees and workers. General provisions made by public authorities and specific programmes developed by the German Sport Aid Foundation foster the social protection of athletes, including mainly pension/retirement schemes and health care. Police officers and/or soldiers employed by the German Federal Police, respectively Armed Forces, for example receive mandatory health care that is fully provided by the state. Customs officers, like other civil servants in Germany, must have private health care but receive a 50% subsidy on health costs. Private pension schemes are furthermore funded by the BMI and channelled through the German Sport Aid Foundation. When concluding a specific ƉƌŝǀĂƚĞƉĞŶƐŝŽŶĐŽŶƚƌĂĐƚǁŚŝĐŚŝƐĂůƐŽƐƵƉƉŽƌƚĞĚďLJĨĞĚĞƌĂůůĂǁ͕ĂƚŚůĞƚĞƐƌĞĐĞŝǀĞĂŵŽŶƚŚůLJŐƌĂŶƚŽĨΦϮϱϬ to the contract.34 Available to approx. 900 athletes, currently 400 athletes make use of it. A comprehensive policy on occupational disability protection does not exist, though in individual cases funds for affected athletes are established to support athletes. Neither has a specific policy on maternity protection been established for cases in which an athlete loses her squad status due to pregnancy/children. Individual solutions can however be found to uphold the financial support. Unemployment assistance can only be ĐŽŶƐŝĚĞƌĞĚ͞ŝĚĞĂƚŝŽŶĂů͟ĚƵĞƚŽƚŚĞĂďƐĞŶĐĞŽĨĨŝŶĂŶĐŝĂůĐŽŶƚƌŝďƵƚŝŽŶƐ͘ In Hungary, general provisions of social protection may apply to athletes on the basis of an employment contract without any specific income threshold (e.g. statutory maternity protection, accident insurance). While some of the professional athletes are thus covered, amateur athletes with/without a sports contract are not necessarily granted with the listed provisions. Some social protections are provided by the MOB and public authorities, whereas many services such as occupational disability protection, health care, loss of income insurance, and unemployment assistance are not covered. The MOB for example provides 33 Comprehensive information on the Solimeda programme is available at , accessed 5 October 2021. 34 For further information see the website of the German Sport Aid Foundation: < https://www.sporthilfe.de/ueber- uns/medien/pressemitteilungen?tx_news_pi1%5Baction%5D=detail&tx_news_pi1%5Bcontroller%5D=news&tx_ news_pi1%5Bnews%5D=337&cHash=a4269256a9d2051a4a6e74b3aecd26e6> accessed 10 September 2021. 106 maternity protection services. Maternity leave is considered if the athlete would like to continue after giving birth to her child. In this case, payments may be reduced by small percentages and then normalised after birth. Yet, social security costs are paid for athletes in Olympic sports who are employed by a club. The Hungarian state furthermore established a comprehensive pension/retirement scheme consisting of a benefit payable to certain athletes of Hungarian nationality under the provisions of the 2004 Sport Act. This ͞KůLJŵƉŝĐ> ŝĨĞ-ƉĞŶƐŝŽŶ͟;ĂŶŶƵŝƚLJͿŝƐĂƉĞŶƐŝŽŶͬƌĞƚŝƌĞŵĞŶƚƐĐŚĞŵĞĨŽƌŵĞĚĂůůŝƐƚƐŽĨƚŚĞKůLJŵƉŝĐ'ĂŵĞƐĂŶĚ other athletes with outstanding results in sport given by the State Secretariat of Sports. Relevant rules are set out in the Act (§ 59-ϲϭͬ͗͞KůLJŵƉŝĐƌĞŶƚ͟ͿĂŶĚƚŚĞŐŽǀĞƌŶŵĞŶƚĚĞĐƌĞĞŽŶƚŚĞKůLJŵƉŝĐĂůůŽǁĂŶĐĞĂŶĚ have been amended in a number of cases since the adoption of the legislation. The law also contains detailed provisions on eligibility (approved by the sports administration agency), submission of claims, payments, the right to claim, possible ineligibility, and the withdrawal of the pension. In 2017, approximately 860 persons received such a pension including athletes, coaches, and widows of athletes. The pension is not a fixed amount, but an amount calculated by the Central Statistical Office as the average nominal gross national wage and salary income of the previous year. The second and third place finishers receive sixty and forty percent of this amount, respectively. In addition, the Hungarian Government awards ƚŚĞƚŝƚůĞŽĨƚŚĞ͞EĂƚŝŽŶ͛ƐƚŚůĞƚĞ͟ƚŽ͞ƚǁĞůǀĞĂƚŚůĞƚĞƐŽĨ,ƵŶŐĂƌŝĂŶƐƉŽƌƚŚĂǀŝŶŐƚƵƌŶĞĚƐŝdžƚLJ;ϲϬͿLJĞĂƌƐŽĨ age and having ĂƚƚĂŝŶĞĚ ŽƵƚƐƚĂŶĚŝŶŐ ĂĐŚŝĞǀĞŵĞŶƚƐ͟ ĂŶĚ ŐƌĂŶƚƐ ƚŚĞƐĞ ĂƚŚůĞƚĞƐ Ă ůŝĨĞ-time pension as stipulated in § 62 of the Act. The compulsory social protections under the national health fund (CNS) generally apply to all athletes in Luxembourg. Although labour law does not contain a special mention of professional athletes in Luxembourg ǁŚĞƌĞ͞ƐƉŽƌƚƐŵĂŶͬƐƉŽƌƚƐǁŽŵĂŶ͟ŝƐŶŽƚƌĞĐŽŐŶŝƐĞĚĂƐĂƐƉĞĐŝĨŝĐƉƌŽĨĞƐƐŝŽŶ͕ĞĂĐŚĂƚŚůĞƚĞ;ŽŶ every level, including amateurs) is furthermore protected with her/his sport license and/or employment relationship via additional social insurances (e.g. CSMS - see section 9). Apart from the provisions under Article 12 of the Sports Act on social insurances for athletes in Luxembourg, in accordance with Article 14 ŽŶĞůŝƚĞĂƚŚůĞƚĞƐ;͞ƐƉŽƌƚŝĨĚ͛ĞůŝƚĞ͟Ϳ͕ƚŚĞƐƚĂƚĞŵĂLJ furthermore cover the (entire) social security costs in the ĐĂƐĞĂŶĞůŝƚĞĂƚŚůĞƚĞ͛ƐǁĂŐĞŝƐͬĨĂůůƐďĞůŽǁƚŚĞŶĂƚŝŽŶĂůŵŝŶŝŵƵŵƐĂůĂƌLJ͘ Additional legal statutes on sport specific related social protections are currently being prepared in Luxembourg. Social protections, including pensions/retirement schemes, occupational disability protection, health care etc. (see above) are provided solely by public authorities. In the Netherlands, for most provisions the athlete must qualify as an employee with an employment contract. In this case, the athlete can apply for basic social security provisions, including pension insurances (after 67 years), based on the general legal framework for people who live (d) in the Netherlands. On the basis of this employment contract, the state provides athletes with social protections such as pension/retirement schemes, occupational disability protection, health care, loss of income insurance, and unemployment assistance. All these provisions are ensured by the national government, without any special arrangements for professional athletes except for athletes who are part of a stipend programme. In fact, 107 the latter also qualify for social security benefits because the agreement between the athlete and NOC*NSF is considered an employment contract for tax and social security purposes. The scholarship, thus, brings athletes into the realm of state statutory social protection. Maternity protection and leave are administered by the KNAU and are only applicable in the case of an employment contract between the federation and the athlete. Table 3.3: Social protection provisions for athletes in the Central European region. Actor / Social protections Pension / Retirement scheme Occupational disability / Loss of income protection Health care Maternity protection / Parental leave benefits Unemployment assistance NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation ( ) * Statutory social protection provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. Public debates about precarious / risky social conditions of (former) athletes in Olympic sports have taken place in the majority of the present countries. Public debates on the (high) tax rate applicable to Olympic bonuses for athletes, the limited social security contributions athletes (mainly football players) have to pay, and the lack of career perspective after the elite sporting career have been held in Belgium. The latter has ďĞĞŶĂŶƐǁĞƌĞĚůĂƌŐĞůLJďLJĂŶƵŵďĞƌŽĨŝŶŝƚŝĂƚŝǀĞƐŽŶĚƵĂůĐĂƌĞĞƌ͘dŚĞƚŽƉŝĐŽĨĂƚŚůĞƚĞƐ͛ƉĞŶƐŝŽŶƐŚĂƐĐĂƵƐĞĚ public debates in Germany (Breuer et al. 2018). The public subsidies channelled through the German Sport Aid Foundation (see above) now provide a first approach to solve this issue. Several abuse scandals (e.g. sexual violence) also spurred public debate about the social conditions of athletes in both elite and leisure sports (Ohlert et al. 2018). ThĞůĂƚƚĞƌƚǁŽŝƐƐƵĞƐŚĂǀĞĂƉƉĞĂƌĞĚŽŶƚŚĞĂŐĞŶĚĂŽĨƚŚĞ'ĞƌŵĂŶƵŶĚĞƐƚĂŐ͛Ɛ Sport Committee. Heink (2012) furthermore underlines that breaches with the applicable working time acts are common in professional sports. In Olympic elite sports, Breuer et al. (2018) show that the income of athletes is in general very low, especially under consideration of their working hours and gross hourly income/wages. Public debates have also emerged in Hungarian sport. In the past, some Olympic champions sold their medal since they struggled to make a living. The question arose how to ensure the livelihood and 108 financial security of retired athletes, leading to a pension for retired athletes as stated above. However, only those with the most outstanding results are included, while those competing at the national (and international) level may still experience problems. In Luxembourg, public debates for example emerged in relation to a considerable number of talented Luxembourgian athletes who leave the country in their striving for sporting excellence due to presumably promising career prospects abroad, leading to the creation of the LIHPS, among others. The latter is primarily aimed at supporting Luxembourgian elite athletes, but also offers programmes and activities for foreign athletes. With the creation of the LIHPS, dual career has for example become a mandatory funded pillar. Public debates in the Netherlands have for example been held in relation to occupational disability payments that are limited to athletes with extraordinary sporting success, respectively world class performance. 3.11. Participation and Bargaining With regard to the representation of interests of Olympic athletes, there is no specific employment or labour-related representation of interests in most countries. In all six countries under investigation, there ĂƌĞĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐŝŶƚŚĞEĂƚŝŽŶĂůKlympic Committee. In Austria, Belgium, Luxembourg and the EĞƚŚĞƌůĂŶĚƐ͕ĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐĂůƐŽĞdžŝƐƚŝŶƚŚĞEĂƚŝŽŶĂůƚŚůĞƚŝĐƐ&ĞĚĞƌĂƚŝŽŶ͘tŚŝůĞŝŶƚŚĞGerman ĐĂƐĞ ŽĨ ƚŚĞ ŶĂƚŝŽŶĂů ĂƚŚůĞƚŝĐƐ ĨĞĚĞƌĂƚŝŽŶ ŶŽ ĂƚŚůĞƚĞ ďŽĚLJ ĞdžŝƐƚƐ͕ ĂŶ ĂƚŚůĞƚĞƐ͛ ĐŽŵŵŝƐƐŝŽŶ ǁŝůů be implemented in the Hungarian federation MASZ until 2024. The explicit role of these commissions in shaping employment relations of athletes remain questionable. In Hungary, the position of the ͞general ombudsman͟ is implemented, whose most important task is to investigate cases of abuse of constitutional rights and to initiate general or specific measures to remedy them. As a rule, there is no athlete representation in the specific national elite sport organisations, only in Belgium in the case of the Flemish Community such a representation has been implemented. In contrast, athletes who are employed in state organisations have the regular participation mechanisms that are anchored in national labour relations. Specific bargaining agreements do not exist between athletes and the sports organisations. The athletes͛ agreements have a different character and are mostly prescribed by the federation. In the investigated countries, independent athlete associations and organisations exist in Germany and the Netherlands. In Germany, the general assembly of athlete representatives, the body electing the ŵĞŵďĞƌƐŽĨ ƚŚĞƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶŽĨ ƚŚĞK^͕ŐĂǀĞĂǀŽƚĞ ƚŽĞƐƚĂďůŝƐŚĂŶ ŝŶĚĞƉĞŶĚĞŶƚĂƚŚůĞƚĞ association in 2017. In the following months, an organisation under German club law, called Athleten Deutschland (Athletes Germany) was founded. The independent organisation supports the work of the K^ƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶǁŝƚŚƉƌŽĨĞƐƐŝŽŶĂůƐƚĂĨĨĂŶĚƌĞĐĞŝǀĞƐĨƵŶĚŝŶŐĨƌŽŵƚŚĞ&ĞĚĞƌĂůDŝŶŝƐƚƌLJŽĨƚŚĞ 109 Interior since 2018 (Seltmann 2021). Although not a union under German law, the association can file class action suits on behalf of its members (Athleten Deutschland 2020) and has been addressed by the German Federal Cartel Office on the complaint against Rule 40 of the IOC Charter (see section 8). In the Netherlands, NL Sporter is an association of athletes that provides support for elite athletes. The organisation mainly offers individual legal advice to athletes and does not qualify as a trade union under Dutch law.35 While the influence of (sports) trade unions generally is limited in the investigated countries, the Confederation of Christian Trade Unions of Belgium (ACV / CSC) offers the opportunity for youth and top- level athletes to become a member within the sector grouping CSC Sporta, United Sports and provides support to athletes in negotiations with clubs and federations.36 3.12. Specificities, Current Conflicts and Issues In five of the six countries under scrutiny, no employment or labour-related conflicts have been highlighted in recent years. The situation is different for Germany. The founding of the organisation Athletes Germany as an independent association caused conflicts and highlighted the lines of tension vis-à-vis the DOSB. The DOSB rejected the foundation because the umbrella association considered itself as the exclusive representation of the athletes and spoke out against the plan to establish structures beyond organised sport. In the end, the founding act took place with the strong involvement of politics. In addition to political conflicts, legal disputes are also pending in Germany. For example, in a decision by the Regional Court of Frankfurt am Main (OLG Frankfurt a. M. 07.10.2020; 2-06 O 457/19), a ruling ǁĂƐ ŵĂĚĞ ŽŶ ƚŚĞ ĐŚĂƌĂĐƚĞƌ ŽĨ ĂƚŚůĞƚĞƐ͛ ĂŐƌĞĞŵĞŶƚƐ ĂƐ ŐĞŶĞƌĂů ƚĞƌŵƐ ĂŶĚ ĐŽŶĚŝƚŝŽŶƐ͕ ǁŚŝĐŚ fundamentally strengthened the position of athletes. The same applies to the decision of the Federal Cartel Office (Bundeskartellamt), which granted German athletes more advertising opportunities at the Olympic Games. However, the ͞ƵŶĚĞƐŬĂƌƚĞůůĂŵƚ͟ĚŝĚŶŽƚĨŽůůŽǁƚŚĞůŝŬĞǁŝƐĞĚĞŵĂŶĚĞĚƉĂƌƚŝĐŝƉĂƚŝŽŶ of athletes and coaches in the IOC revenues. 35 Further information on NL Sporter can be found here: https://www.nlsporter.nl/ 36 For further detail on the union, please visit: https://www.lacsc.be/la-csc/secteurs/sport-et- detente/secteurs/223.00-sport/jeunes-et-sport-de-haut-niveau-united-athletes-les-soutient 110 Literature Chapter 3 ƚŚůĞƚĞŶĞƵƚƐĐŚůĂŶĚĞ͘s͘;ϮϬϮϬͿ͚^ĂƚnjƵŶŐĚĞƐsĞƌĞŝŶƐΗƚŚůĞƚĞŶĞƵƚƐĐŚůĂŶĚĞ͘s͘Η͕͛ͤŚƚƚƉƐ͗ͬͬĂƚŚůĞƚĞŶ- deutschland.org/wp-content/uploads/20201114_ADeV_Satzung-2020_Reinfassung-ϭ͘ƉĚĨ͕ͥĂĐĐĞƐƐĞĚϭϬ November 2021 Breuer, Christoph, Wicker, Pamela, Dallmeyer, Sören and Ilgner, Michael (2018) Die Lebenssituation von Spitzensportlern und -sportlerinnern in Deutschland (Bonn: Bundesinstitut für Sportwissenschaft) ƵŶĚĞƐŬĂŶnjůĞƌĂŵƚPƐƚĞƌƌĞŝĐŚ;ϮϬϮϬͿ͚ƵƐsĞƌĂŶƚǁŽƌƚƵŶŐĨƺr Österreich: Regierungsprogramm 2020-ϮϬϮϰ͕͛ Druckerei Walla GmbH, Wien Deutscher Olympischer Sportbund (DOSB) (2021a, 10 May) Werbemöglichkeiten und -grenzen während der Olympischen Spiele Rule 40 und Social Media Leitfaden des DOSB für Deutschland (https://cdn.dosb.de/user_upload/Olympische_Spiele/Tokio_2020/Leitfaden_Rule40_DOSB_2019_v1.pdf) Deutscher Olympischer Sportbund (DOSB) (2021b, 2 March) TEAM D-VEREINBARUNG FÜR ATHLET*INNEN (https://cdn.dosb.de/user_upload/Olympische_Spiele/Tokio_2020/Team_D- Vereinbarung_fuer_Athletinnen_final.pdf) Esping-Andersen, Gøsta (1990) The three worlds of welfare capitalism (Princeton, N.J: Princeton Univ. Press) 'ƵƚĞŬƵŶƐƚ͕dŚŽŵĂƐ;ϮϬϮϬͿ͚&ƂƌĚĞƌƵŶŐĚĞƌďĞƌƵĨůŝĐŚĞŶƵŶĚƉĞƌƐƂŶůŝĐŚĞŶŶƚǁŝĐŬůƵŶŐĚƵƌĐŚĚŝĞĞƵƚƐĐŚĞ ^ƉŽƌƚŚŝůĨĞ͕͛Leistungssport, 50:6, 11ʹ13 Hahn, AndreĂƐ͕ŝŶŶĞƌ͕:ŽĐŚĞŶĂŶĚ^ĐŚƂŶŚĞƌƌ͕ ĂǁŽŶ^ŝĐŬŶĞƐƐĂŶĚDĂƚĞƌŶŝƚLJ Social Insurance under which sportswomen have no right to a maternity benefit declared unconstitutional -͛ Fulton, Lionel (2013) Worker representation in Europe. Labour Research Department and ETUI Minister of National Defense (2020) ͚ĞĐLJnjũĂEƌϭϮϲͬDKEDŝŶŝƐƚƌĂKďƌŽŶLJEĂƌŽĚŽǁĞũnjĚŶŝĂϭϲǁƌnjĞƑŶŝĂϮϬϮϬ ƌ͘njŵŝĞŶŝĂũČĐĂĚĞĐLJnjũħǁƐƉƌĂǁŝĞĨƵŶŬĐũŽŶŽǁĂŶŝĂƐƉŽƌƚƵǁ^ŝųĂĐŚďƌŽũŶLJĐŚZnjĞĐnjLJƉŽƐƉŽůŝƚĞũWŽůƐŬŝĞũ͛ Ministry or Culture, National Heritage and Sport (2021) ͚^ƚLJƉĞŶĚŝĂ- Ministerstwo Kultury, Dziedzictwa Narodowego i Sportu - WŽƌƚĂů'Žǀ͘Ɖů͛ Polish Athletics Association (2016) ͚^ƉƌĂǁŽnjĚĂŶŝĞnjĚnjŝĂųĂůŶŽƑĐŝW> ;ZĞƉŽƌƚŽŶƚŚĞĂĐƚŝǀŝƚŝĞƐŽĨ Polish Athletics ƐƐŽĐŝĂƚŝŽŶͿ͛ Polish Athletics Association (2020) ͚^ƉƌĂǁŽnjĚĂŶŝĞnjĚnjŝĂųĂůŶŽƑĐŝnjĂƌnjČĚƵǁϮϬϭϵƌŽŬƵ;ZĞƉŽƌƚŽŶĂĐƚŝǀŝƚŝĞƐŽĨƚŚĞ DĂŶĂŐĞŵĞŶƚŽĂƌĚŝŶϮϬϭϵͿ͛ Public Opinion Research Center (2013) Membership in Trade Unions and Opinions About Their Work Seimas of the Republic of Lithuania (2016) Labor Code of the Republic of Lithuania Seimas of the Republic of Lithuania (2019) Sports Law 131 5. South-Western Europe Luiz Haas, Thiago Santos This Regional Report (South-western Europe) focuses on France, Italy, Malta, Portugal and Spain. 5.1. Background National Sport Systems In the National Sports System context, we were able to identify common and divergent points in the way these countries are organized. Regarding the mention of sport in the national constitution, it is noted in the countries surveyed that in Portugal and Spain have this reference in their constitutions. On the other hand, speaking about the legal framework and specific laws about sports, all five countries that are part of this report have references and legal provisions on the theme. One of the most promising examples of the mentioned countries is the Spanish sport law enacted in 1990 and updated through the organic laws of 2007 and 2013 which deal, among other things, with the ƉƌŽƚĞĐƚŝŽŶ ŽĨ ƚŚĞ ĂƚŚůĞƚĞ͛Ɛ ŚĞĂůƚŚ ĂŶĚ ƚŚĞ ĨŝŐŚƚ ĂŐĂŝŶƐƚ ĚŽƉŝŶŐ ŝŶ ƐƉŽƌƚƐ ĂĐƚŝǀŝƚies, violence, racism, xenophobia and sports intolerance. Four of the five countries referred to have National Elite Sports Organisations (public, private or intermediate). In France the aim of Agence Nationale du Sport (National Sport Agency, ANS) is to support elite sport development but also grassroots sport. As far as the support of elite sport is concerned, one can find four main areas of intervention: (1) financial and human support for the national federations, (2) financial and human support for the athletes, (3) financial support for sport venues and (4) financial and human support for data collection and research on the optimization of performance. Providing financial support to around 2700 high-performance athletes, the ANS equally promotes the creation of employment contracts between enterprises and athletes. In Portugal, the Instituto Português de Desporto e Juventude (Sport and Youth Portuguese Institute, IPDJ) is the national agency that is also linked to the development of activities aimed at youth and is not just an agency related to sports. In addition, the main actions for the development of elite sport are concentrated in the National Federations with the support of the Portuguese National Olympic Committee. In Spain, the Asociación de Deporte Olímpicos (Olympic Sports Association, ADO) emerged in 1988 as a basic initiative to support elite sport, in view of the Barcelona 1992 candidacy: its partners are two autonomous public entities Consejo Superior de Deportes (CSD) and Radio Televisión Española (RTE) and a private one, the Spanish Olympic Committee. ADO complements the direct aid granted by the Government (CSD) to the National Federations for High Performance (see section 7). Also, in Spain, there are several patronage / crowd funding actions (which is not sponsorship). 132 Complementarily, in Malta, the SportMalta is an organisation that operates under the supervision of the Parliamentary Secretary for Recreation, Sports and Voluntary Organisations within the Ministry for Inclusion and Social Wellbeing and its objective is to lead the development of sport in the country. In addition, the Maltese Olympic Committee is the Malta's authority relating to the country representation at all games under the jurisdiction of the International Olympic Committee. In collaboration with SportMalta and the 44 National Associations, the Malta Olympic Committee develops initiatives towards the projection of elite sport in the country. At the Summer Olympics organised in Tokyo in 2021 these five countries participated with a respective number of athletes: France, 393 athletes; Italy, 384 athletes; Malta, 6 athletes; Portugal, 92 athletes; and Spain, 328 athletes. At the winter Olympics in Pyeongchang in 2018 the numbers are lower in France (108 athletes), Italy (128 athletes), Malta (1 athlete), Portugal (2 athletes) and Spain (13 athletes). Regarding the number of athletes that integrate a national elite sport programme, data were found in Portugal with 892 athletes, Spain with 4985 athletes and France with 4806 athletes. Malta and Italy do not have these data available. 5.2. Background: National Employment Relations and Welfare Regimes In terms of employees' rights and structures for regulating labour law, when we analyse the responses given by the countries involved, we find that there is a very uniform structure resulting from the influence of the European Union. And this group is no exception as we will see. In Italy, the rights of employees are stated in the Italian Constitution (specifically in articles 35, 36, 37 and 38). These rules mention the right to be protected by a welfare and assistance system, the right to a fair salary and the right to an equal treatment between men and women. Also, the Civil Code provides specific rules for employees and for independent contractors. In the case of Malta, the employment relations are governed by Chapter 452 of Laws of Malta Employment and Industrial Relations Act. The Department for Industrial and Employment Relations is the relevant department to govern labour law. In the Portuguese case, the right to work is provided by the national constitution in its article 58, stating in its number 1 that everyone has the right to work. And it is up to the State, through the application of economic and social policy plans, to guarantee the right to work. However, in terms of specific law, the right to work is regulated by the Labour Code - Law No. 7/2009, of February 12th. In France the major legal act which shapes the fields of employment and self-employment is the French Labour Law. However, as far as sport is concerned, the major legal act which shapes the fields of employment and self-employment is the National Collective Convention of Sport. This convention 133 specifies employment conditions, work conditions and social guarantees for anybody who is working in the sport sector in France (apart from equestrian sports and golf which have a specific national collective convention). Whereas in Spain all these broad constitutional articles are developed through an organic law (of the highest level) called the Worker's Statute. In relation to employment and self-employment, employment for third parties is managed through an employment contract (usually in writing, although in sport there may be verbal agreements) which has several modalities. The Government announces a simplification of the hiring modalities in permanent, fixed, discontinuous and temporary/training. And self-employment has double regulations. On the one hand, fiscal, by which the individual entrepreneur must register as a professional or entrepreneur with the Tax Agency; on the other hand, labour, for which you must register in the Special Regime of the Self-Employed Worker (RETA) and pay a monthly fee as a contribution to Social Security. In general, all countries guarantee that the maximum limits for either daily or weekly work are fixed in their labour laws, with the average of the countries being around eight hours a day. In addition to these, workers can work two more hours on an extraordinary basis which gives an average weekly limit of 40 hours. Similar is the concept of employment contract; all of these countries provide either employment contracts on fixed terms or for an uncertain term, or even without term. The rules arise from the application of European directives that determine some standardization with regard to the protection of workers' rights. Maternity is another protection of a social nature that is common to this group of countries. On average, parents are entitled to follow-up with their children after birth for a period of 120 to 160 days, with full wages being guaranteed. However, pregnancy risk is also a concern, and the pregnant woman may enjoy a maternity leave. The educational leave is not such a peaceful issue. In Portugal the law provides for annual compulsory training (35hrs). In addition, the Decree Law 55/2019 establishes the status of student-athlete in higher education, which aims to adopt mechanisms to support the development of dual careers for student- athletes. Some initiatives of this statute are to allow student-athletes to choose the frequency and timetable that best suits their sports activity, relief of absences that are motivated by participation in official competitions, and flexibility in formal moments of individual assessment that coincide with the competition days. In the Italy, the student-athlete has the right to leave for study days, and exam days are duly justified. Already in Malta the Ministry of Education is the organisation responsible for indicating initiatives in this regard. As seen, even though this theme seems to be a concern of the countries analysed, there are different approaches between them. 134 According to the 2012 Working Conditions Laws Report (ILO 2014), published by the International Labour Organisation, most European countries allocate between 20 and 23 days of paid annual holidays. At European level and in accordance with a European Parliament directive (Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003), 20 days of vacation is the legal minimum. dŚŝƐĂĐƚĚĞĨŝŶĞƐƐƵĐŚƌĞŐƵůĂƚŝŽŶƚŚĂƚ͞ǁŽƌŬĞƌƐŚĂǀĞƚŚĞƌŝŐŚƚƚŽŚĂǀe at least four weeks of paid vacation ƉĞƌLJĞĂƌ͘͟&ƌĂŶĐĞŝƐĂƚƚŚĞƚŽƉŽĨƚŚĞůŝƐƚǁŝƚŚϯϬĚĂLJƐŽĨǀĂĐĂƚŝŽŶ͖WŽƌƚƵŐĂůŚĂƐĚĞĨŝŶĞĚϮϮĚĂLJƐĨŽƌŝƚƐ workers; in Italy the number of vacation days due to employees varies depending on the applicable collective bargaining agreement, however, 20 days of annual vacation is guaranteed; Malta has defined 24 days; and Spain guarantees (21 days). Contractual freedom and the existence of union structures are common to this group of countries. Workers and employers are free to establish among themselves the type of contracts that they see fit to best satisfy them. With contractual freedom being evident here, they can freely fix the clauses of their contracts, working hours, and salaries, as long as they do not conflict with this as provided for in their respective labour laws. The representation of workers through unions is another of the acquired rights. Generally speaking, depending on the area of activity, all countries demonstrated that they have unions representing workers, both from the public and private sectors. The most represented are public sector workers, namely teachers, or civil servant unions. In the private sector, transport or commerce workers are the most represented. After analysing the data provided, we realize that once again, as a result of European standardization, all countries reveal that they have concerns about their workers. The existence of a public health system with free or very low-cost access is common to all countries. However, there are some differences in certain areas of work, particularly in Spain where sports athletes are required to take out private insurance to ensure greater coverage (see section 9 and 10 for further detail). In the event of an accident, all countries guarantee a period of recovery without prejudice to the worker, where she/he is compensated for the loss of her/his wages. In the Italian case, this is supported by the Republic Presidential Decree no. 1124/65; Legislative Decree no. 38/2000; Legislative Decree no. 69/2013 or in France Public Health Code, Social Security Code and Work Code. In this group of countries, the existence of protection for the elderly and all those who had a contributory career is also considered. There are two types of pensions, namely the old-age pension, which in the vast majority of cases applies after 66 years (in the Spanish case, in France and Italy after the age of 67). In the case of retirement, a period with effective discounts for the social protection scheme of the respective country. For example, in Italy the minimum period of discounts is 20 years, in Spain 35 years, In France and Malta, some contribution periods are considered, added to the minimum retirement age, 135 which is 62 years. In Portugal, the minimum age of 66.5 years of age is added to the minimum period of 15 years of discounts. Unemployment and re-entry into the labour market is another of the social concerns of this group of countries. All of them have measures to support workers who have lost their jobs, with measures to encourage their professional reintegration. Support varies between countries, but in general require a prior period of contributions to the respective social protection schemes and age limits defined by the labour laws. With regard to long-term care benefits, we note that the various countries show a concern with regard to the support to be provided to the neediest, promoting low-cost social housing and financing support for the disabled. In countries such as France the disabled child education allowance is intended to support people who have a dependent disabled child. It is not dependent on the level of income. An additional allowance may be granted if the handicap requires high expenditure or help from a third party. The disability allowance is a personalized allowance intended to finance the needs related to the loss of independence by disabled people. It covers human assistance, material assistance (fitting of facilities in accommodation and vehicles), in addition to assistance from guide dogs. 5.3. Legal Status of Athletes in Olympic Sport There are no specific measures related to sport in national labour legislation in Portugal. Since 1998 there has been specific legislation for employment contracts for professional athletes and athletes in training in the youth categories. Although this legislation ends up meeting the specifics of football. In the last years, some legislative developments allowed some improvements in Olympic athletes' relationship with their professional lives, particularly concerning the requirement of athletes to be present in competitions without suffering any loss of remuneration since 2013 established by law no. 45/2013 of April 5th. However, due to the general understanding that athletes are volunteers, no known legal disputes result from labour issues. Olympic athletes are entitled to a grant, granted through a tripartite contract signed between the NOC, the IPDJ and the athlete, for their permanence in the sports preparation programme with a view to their presence in the Olympic Games. Olympic athletes are entitled to a grant, granted through a contract signed between the NOC and the IPDJ. The formalization of the integration process in this Programme is concluded with the signing of a contract between the NOC, the National Federation, the athlete, and the coach. The criteria for integration in the Olympic Preparation Project aim to recognize the results obtained in the primary competitions Ͷ Olympic Games, World Championships and European Championships Ͷ with a view to participation in the OGs at a level not lower than the result that conferred integration. Permanence in the Olympic Preparation Project is subject to a technical evaluation on an annual basis, depending on the criteria that gave access to integration in the Program. In this way, a common employment contract is not constituted, but rather funding aimed at 136 supporting the development of sports results, with tax exemption and without social benefits arising from this integration. In Spain, there is also specific legislation to regulate professional athletes (Real Decreto 1006/1985, de 26 de Junio), and as in Portugal, the focus of the legislation is football athletes. However, it applies to professional athletes from other sports. According to this law, professional athletes are those who, under a relationship regularly established, voluntarily practice sport on their behalf and within the scope of organisation and management of a club or sports entity scope (except National Federations) in exchange for remuneration. The legislatŝŽŶ ƌĞŐƵůĂƚĞƐ ƚŚĞ ĐŽŶƚƌĂĐƚ͛Ɛ ĐŽŶƚĞŶƚ͕ ŚŽůŝĚĂLJƐ͕ ǁĞĞŬůLJ ƌĞƐƚ ĨŽƌ ƚǁŽ consecutive days, temporary transfers, and special issues as concentrations, trips, and hours dedicated to national teams. There are no regulations concerning wages. However, working time is regulated by the act that states that press conferences and awards ceremonies are considered as part of working time. As seen, there is no employment contract between the athletes and the Spanish National Federations. In Italy, there are no specific measures to regulate the sport in the national labour law. Nevertheless, the current legislation regulating sport (Law No. 91 of March 23, 1981) mentions that professional sportsmen and women are athletes who carry out sporting activities in return for payment on an ongoing basis within the framework of the disciplines regulated by the Italian Olympic Committee (CONI). Currently, athletes who practice soccer, basketball (only in the A1 category), cycling and motorcycling can be considered professionals and can legally enter into an employment contract. However, all the other athletes are qualified as amateurs and are not eligible to enter into an employment contract. There are no contractual relationships between athletes and the NOC or the national athletics federation outside or during the period of the Olympic Games. However, athletes can enter into employment contracts with the Armed Forces or State Corps. In these cases, the relevant laws applicable to the employment of public employees specify these employment contracts (qualification, duration of the contract, termination). In addition, the salary must comply with the minimum basic salary established by the applicable collective bargaining agreement based on the employee's qualification. In France, the national labour law does not provide specific measures to regulate sport. However, the National Collective Convention of Sport specifies employment conditions, work conditions, minimum wages and social guarantees for anybody working in the sports sector in France (apart from equestrian sports and golf, which have a specific national collective convention). The French Code du Sport further has an impact on the employment relations of athletes in Olympic sports in many important aspects, especially with regards to the relationship between athletes and sport organisations, occupational safety and health and social protection. The French armed forces employ some athletes bringing them into the realm of public employment law. 137 In Malta, the national labour law does not provide a specific measure to regulate sports. Employment opportunities for athletes with any of the four actors do not exist either. Together with the Maltese Olympic Committee, SportMalta identifies potential Olympic gold medal winners who will be given a professional status. This means that these athletes may focus only on training and competition, creating the necessary ambience for the athlete to perform. Table 5.1: Potential employment relationships of athletes in the South-western European region. Actor / Employment contract available FRA ITA MAL POR ESP NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport Specific elite sport organisation There are no court cases in Portugal, France, Spain and Malta. In Italy, there are a few cases where the amateur athletes are considered as employees of the National Federations (Court of Pescara, October 18, 2001). These decisions were based on specific evidence that the amateur athletes were subject to the direction and the control of the manager/s of the association. Consequently, they were also entitled to receive a sort of compensation. Nevertheless, the Supreme Court and other local Courts usually exclude that an amateur athlete can be qualified as an employee if his/her federation does not consider its members as professionals (Supreme Court no. 11540/1996; Supreme Court no. 19275/2006; Court of Turin, May, 25, 2010, Supreme Court no. 16849/2011, Court of Venice, May, 27, 2014). 138 Figure 5.1: Legislation and court cases on the legal status of athletes in Olympic sports in the South-western European region. 5.4. The Role of the National Olympic Committee In France, Malta, Italy and Spain there is no contractual relationship between athletes and the NOC, and there are no payments by the NOC regarding the preparation of athletes outside the period of the Olympic Games. In France there is no direct income from the NOC paid to the athletes. The expenses payments, accommodation, transportation and sport equipment (i.e., clothes) are paid in full, but only during the Olympic Games period. In Malta, athletes qualified for the Olympic Games enter into a formal standard contract with the NOC where they establish a compensation plan only during the Games period. In Malta athletes are reimbursed upon proof of expenses for training, physio usage and lab usage. Athletes can have an employment outside of sport and can have their own personal sponsorship. During the Games, the NOC covers all expenses of the athletes. In Spain, athletes generally do not enter into a contractual relationship with the Spanish NOC. The NOC is responsible to classify athletes in three categories: Top Elite (applied to the top places on the grid of Olympic Games, World and European championships), Elite (in this case the athletes will have to obtain intermediate results that place them in the first half of the competition grid, or in the top places of the world ranking) and Olympic Hopes (a programme for young athletes that aims to create conditions to support athletes and teams that are identified, through their sporting value, as Olympic hopes in preparation for the next Games). The Spanish NOC further supports athletes in the forms of payments of materials and equipment and all expenses during the period of the Olympic Games. Payments are made to the federations for the preparation of athletes. Lastly, in conjunction with the phone company 139 Telefónica, the so-ĐĂůůĞĚ͞WŽĚŝƵŵ͟ƉƌŽŐƌĂŵŵĞĨŽƌLJŽƵŶŐĂƚŚůĞƚĞƐŝƐĞƐƚĂďůŝƐŚĞĚƚŽƐƵƉƉŽƌƚLJŽƵŶŐĞůŝƚĞ athletes. The Italian National Olympic Committee (CONI) usually grants special economic awards on special occasions (for example, in case of a win of a medal during the Olympic Games). Furthermore, CONI, through the National Federation, guarantees the participation of Italian athletes in international sports meetings, and it also organises international sports events. During the Olympic Games, CONI sustains all the costs for equipment, accommodation, and transportation for the athletes. CONI sustains several expenses to allow the athletes to train themselves for Olympic Games. Except for the athletes enlisted in the military sports group or the state bodies, the money received is not considered as a salary but as a one-off payment (or even as expenses reimbursement ʹ see below). These sums are subject to a favourable tax treatment (but no social security contributions are due). Sponsorship, advertising, autonomous activities or employment relationships outside sports are possible. In the Portuguese case, it is the responsibility of the NOC to contribute with fixed and variable values ĚĞƉĞŶĚŝŶŐŽŶ ƚŚĞĂƚŚůĞƚĞ͛Ɛ ůĞǀĞů͘ dŚĞ ůĞǀĞůƐ ĂƌĞĚĞĨŝŶĞĚĂĐĐŽƌĚŝŶŐ ƚŽ ƚŚĞ ƌĞƐƵůƚƐŽďƚĂŝŶĞĚ͕ ĂŶĚ ƚŚĞŝƌ permanence in the contract is analysed according to the results obtained. The Portuguese NOC pays a scholarship directly to athletes. The financial resources for the payment of scholarships are from a public source, arising from a contract signed between the IPDJ and the NOC. The scholarships vary according ƚŽƚŚĞĂƚŚůĞƚĞ͛ƐůĞǀĞů;ϭŽƌϮͿ͕ ǁŝƚŚǀĂůƵĞƐďĞƚǁĞĞŶϭϬϬϬΦĂŶĚϭϮϱϬΦ͘dŚĞĂĐĐĞƐƐƚŽƚŚĞůĞǀĞůƐǀĂƌŝĞƐ according to the results achieved in competitions that are used as references, for example, European and World Championships. Eligibility criteria for the scholarship program are established by the NOC considering the distinction between athletes whose objective is to achieve a medal, finalist or semi-finalist classification and/or equivalent and others whose sporting value is an indicator of eventual qualification for the Olympic Games. These contracts remain in force for the athletes selected to represent Portugal in the Olympic Games. Some of the athletes are sponsored, but this negotiation is done directly between the brand with the athlete. A preparation fund is also paid by the respective sports federation, which serves for the exclusive preparation of each athlete, including equipment, training, trips to championships. It is a monthly payment that is paid to the athlete as compensation for his/her integration in the project. It is not considered a salary, as there is no employment contract. As none of the NOCs analysed establishes employment contracts with their athletes, there is no fixed working time. 140 Figure 5.2: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from the NOCs of the South-western European region. 5.5. The Role of the National Athletics Federation In Italy, France and Malta, athletes in the sport of athletics do not have a contract with their respective national athletics associations. In Portugal and Spain, during and outside the period of the sporting event the athletes in the sport of athletics have a contract with national athletics federations, which are, however, not a labour or employment contract but a transfer of image rights and a support contract. In Spain, the NOC establishes this link with the athlete through the Asociación de Deporte Olímpicos (ADO). In addition, without any kind of relationship with the NOC, some clubs sign athletes. High-level athletes sign an agreement with the Real Federación Española de Atletismo, (RFEA) to receive financial support, medical, psychological and nutritional services, individualised training, housing or residence assistance training and support centres, and support during the competitions. The agreements provide that athlete may lose support in cases of severe disciplinary sanctions (i.e. doping), in cases of low sports performance, and in some cases, low academic performance. In Spain, direct and indirect incentives are given to athletes from the national athletics federation through material goods that support athletes' sporting careers, payment of expenses, equipment, accommodation, transportation, medical services, training and competition support, individualized supports for performance improvement. In Italy, France and Portugal, the athletics federations do not pay athletes directly. Yet, in Italy, through the help of the Italian National Olympic Committee, the national athletics federation can sustain all the related expenses of some of its associates participating in international sports meetings. In France and Portugal, athletes can have expenses payments, accommodation, transportation and sport equipment (i.e., clothes) for the international competitions (e.g. World Championships). 141 More data on the role of the athletics federation in Malta were not available. There are no contractual provisions regarding working time, rest days or parental or other leave implemented by the national athletics federation. Also, there have been no court cases regarding the working time of elite athletes. Figure 5.3: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from the National Athletics Federations of the South-western European region. 5.6. The Role of Public Authorities Without a Generic Focus on Elite Sport In Spain, Portugal and Malta there is no contractual relationship between athletes and public authorities / state entities without a generic focus on elite sport. The only countries of this region, where such actors play a role are France and Italy. In France, elite athletes can be employed by the Ministry of Defence as athlete soldiers. The sport federations have the opportunity to delegate athletes to the military sports center in Fontainebleau (Centre Nationale des Sports de la Défense, CNSD) where athletes live and train. Every year, 450 to 550 young athletes can join the military sports programme. While the exact details of the service remain currently unknown, athletes are provided with different career paths inside the military even after the end of their sporting career (Ministère des Armées 2021). As soldiers, athletes are entitled to a regular salary. However, this salary is only linked to their professional status / duties (e.g., as soldier). Working for the armed forces provides flexible working hours/holidays, which help them to optimise training and competitions. 142 Figure 5.4: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from public authorities without a generic focus on elite sport of the South-western European region. In Italy, the Army Forces (defence, army, navy, aviation, carabinieri, finance police) and the State Corps (state police, penitentiary police and firefighters) play a role in supporting elite athletes with a contractual relationship. Commonly the Army Forces or the State Corps enlist athletes to grant them an income while involved in training and competition. For this, the candidate must be previously successful in a competitive exam reserved for athletes between 17 and 35 years old who have already achieved significant results in competitions with national relevance certified by CONI. They remain enlisted in these public organisations even after the end of their sports activity. The athlete is usually entitled to the monetary award if he/she achieves specific targets or results in their sporting activity. There are no specific rules that force the Armed Forces or the State Corps to sustain their athletes/employees with indirect income. 5.7. The Role of Specific Elite Sport Organisations In France, the National Sports Agency is an intermediary organisation (public and private). One of the functions of this organisation is to provide financial support to elite athletes. However, we did not obtain any information about the programmes and types of contracts that exist. In Spain, the Olympic Sports Association (ADO - Asociación de Deporte Olímpicos) is a public-private ŽƌŐĂŶŝƐĂƚŝŽŶͿĂŶĚƉƌŽŵŽƚĞƐ^ƉĂŝŶ͛ƐŵŽƐƚŝŵƉŽƌƚĂŶƚĂƚŚůĞƚĞĨƵŶĚŝŶŐƉƌŽŐƌĂŵŵĞŽƵƚƐŝĚĞĂŶĚĚƵƌŝŶŐƚŚĞ Olympic Games. The members of this organisation are the Superior Sports Council (CSD - Consejo Superior de Deportes) and Spanish Radio Television (RTE - Radio Televisión Española) (public), and the Spanish Olympic Committee (private). The ADO complements the direct aid that the Government invests in the National Federations for high-performance sport. In addition, there are sponsors (companies) that receive tax discounts and advertising on the RTE. ADO also invests in terms of grants (economic aid) for 143 Olympic athletes. There are 3 levels of athlete support: Top Elite (applied to the top places on the grid of Olympic Games, World and European championships), Elite (in this case the athletes will have to obtain intermediate results that place them in the first half of the competition grid, or in the top places of the world ranking) and Olympic Hopes (a programme for young athletes that aims to create conditions to support athletes and teams that are identified, through their sporting value, as Olympic hopes in preparation for the next Games). In individual sports, the scholarships are distributed in eight categories ƌĂŶŐŝŶŐ ĨƌŽŵ ΦϱϬϬϬ ƚŽ ΦϲϬ͘ϬϬϬ͘ &Žƌ example, an Olympic / World Champion athlete receives ΦϲϬ͘ϬϬϬͬLJĞĂƌ͘ƚŚůĞƚĞƐŝŶƚĞĂŵƐƉŽƌƚƐĐĂŶƌĞĐĞŝǀĞƵƉƚŽΦϯϬ͘ϬϬϬƐĐŚŽůĂƌƐŚŝƉƉĂLJŵĞŶƚƐ͘dŚĞĂŐƌĞĞŵĞŶƚ typically lasts two years and pays for a fixed and variable part that depends on the sporting results, but this is not considered an employment contract. The parties to the contract are the ADO, the sponsors, the National Federations, and the athletes. The federation processes everything. The criteria for selecting athletes is based on results in elite international competitions. Financial aid will be determined by the result achieved. There are no penalties and sanctions in case of doping. There are no defined working hours, but there is a commitment to maintaining the stipulated training and participating in training camps and competitions. There is also an obligation to participate in press conferences and award presentations. There is no representation of athletes in ADO. In the case of Portugal, the Portuguese Institute of Sport and Youth (IPDJ) enters into special financial support contracts, with a multi-year period (4 years), with the Olympic Committee and the Paralympic Committee of Portugal, to create unique conditions for preparation of high-performance sports practitioners and national teams. However, the IPDJ also enters into financial support contracts with high-performance athletes, as long as the athlete is not part of the programme financed by the Olympic committees (it is not allowed to accumulate the two contracts). The athlete is paid a monthly amount to compensate for his/her integration in the project/programme (see above). However, it is not considered as a salary, as there is no employment contract. In addition to the IPDJ, another organization in the Portuguese sports system also focuses on elite sports. The Fundação do Desporto (Sport Foundation, FD) is an intermediate (public-private) organization whose mission is to promote sport at all levels. However, currently, the focus of this organization has been the management of high-performance training centres with no specific funding programs for athletes. In the case of Malta, there is no direct contract between athletes and SportMalta. However, SportMalta offers a Flexi-Training Scheme (two types; private and public) whereby elite athletes who have a dual career are eligible for the same. SportMalta pays the employer of such athletes to allow their employees (the athlete) to leave work to train (range is between 1-40 hours). There are two criteria to participate in this programme: with forthcoming fully approved international sport commitments, in their capacity, at the top national level and to be great promise in their sport and with a great possibility of representing Malta in fully approved international commitments in the near future. There are 18 athletes under these schemes (8 under the private and 10 under the public). 144 In Malta, in addition to the payment of compensation made to the companies with which athletes have an employment contract (see above), reimbursements are also offered to athletes for the payment of travel expenses. Figure 5.5: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from specific elite sport organisations of the South-western European region. 5.8. Sponsorship, Self-Marketing and Additional Work In Portugal, Spain, and France none of the NOCs, public authorities and specific elite organisations have any direct sponsorship initiatives for athletes or any initiative that enhance their own image through marketing or self-marketing. Neither are there any rules or regulations that restrict sponsorship opportunities for athletes in connection with the Olympic Games, national athletics federations, public agencies or elite sport organisations. On the other hand, there are indirect incentives from the National Federations of these countries for athletes. It is only in the Portuguese and French context that Rule 40 provisions set in the Olympic Charter are made more flexible, allowing athletes to exploit their image for advertising purposes. In the Spanish, Italian and French contexts, there is no kind of flexibility regarding the principles that govern the use of the image of the participants of the Olympic Games, for advertising purposes, during the period of the Olympic Games. In Portugal, as long as it does not conflict with the NOC sponsorship, the athlete can be sponsored. Specifically in Spain, the national athletics federation regulates on the agent /manager relations and also on advertising in sportswear. In addition to this, there is regulation by the Federation to protect the athlete's interests and also on advertising in sportswear. In Malta, about the NOC sponsorship, the only condition is that the athletes must abide by the IOC´s Rule 40 during the period of the Games. 145 In Italy, although there is no sponsorship or incentive to self-marketing, there is a set of restrictions on the parts of the NOC and public agencies as well as restrictions in relation to additional work. For example, the restrictions on self-marketing from the Comitato Olimpico Nazionale Italiano (CONI) began in 2012, drafting a Code of Conduct that prevents, among others, athletes to discriminate or release comments or opinions that may damage other persons or entities working in the sports organisation. In conclusion it is possible to state that these rules can apply indirect restrictions on self-marketing and commercial opportunities. Other restrictions are related to athletes having a public employee condition. They have to be previously authorised by the employer before performing the self-marketing. This is because there are specific rules to manage the payment of possible earnings connected with these activities. For those athletes enlisted in the Armed Forces or the State Corps, due to their special qualification (being public employees), they are not allowed to have any additional work notwithstanding if it is paid or for free (please refer to Legislative Decree no. 66/2010, section 894). 5.9. Occupational Safety and Health With regard to the health and protection of athletes, the frameworks differ from country to country. However, the concerns we find are general and applicable to any athlete, with no special and specific concern regarding Olympic athletes. All countries revealed concerns at the level of sports facilities, namely access to a clean and safe environment, and almost all of them had an obligation to take out sports insurance except for France and Italy. In Portugal, according to Law nº. 10/2009, of January 12th, sports insurance is mandatory for sports agents, namely athletes, coaches and referees. There are two types of insurance that are complementary a) sports insurance supplemented by health and personal accident insurance, as in the case of professional practitioners b) sports insurance supplemented by occupational accident insurance. The only specific protection that the athlete has is this one. As she/he does not have any employment contract, she/he is not covered by the social protection schemes applied to other workers. In the case of France, the situation is very general. There is an obligation to rest at least 11 hours a day between two working days and the employers should provide suitable sport venues/equipment and medical assistance. The employers should also provide suitable locker-rooms, showers and toilets, and the employers should inform the employees about the security rules. These guidelines generally apply to all workers via the European regulations on health and safety at work. In France, the employers should also raise awareness about occupational hazards, psychological issues and doping prevention. This regulation specifies some requirements in terms of health and safety, for instance, at least 11 hours of rest between two working days, the employers should provide suitable sport venues/equipment and medical assistance, the employers should provide suitable locker-rooms, showers and toilets. 146 In the Italian case, currently, the Consolidated Act for Safety at the Workplace (Legislative Decree 81/2008) does not apply to athletes. The general national law that applies to the health and safety is the law related to the safety of sports facilities and to general undertaking upon the association that is entitled to use the sports facilities, requiring a professional insurance policy to cover any damage any person inside these facilities may incur in. In addition, when the Legislative Decree no. 36/2021 shall be in force, finally the Consolidated Act for Safety at the Workplace shall apply even to all the athletes notwithstanding if they are professionals or amateurs. It has a specific medical department for early diagnosis and prevention for athletes. In addition, during the Olympic Games CONI may provide for insurance coverage autonomously. In Malta, there is no specific law or court decisions for athletes. The Occupational and Healthy and Safety Authority would be responsible via the Occupational Health and Safety Authority Act (Chapter 424 Laws of Malta). The NOC is responsible for health and safety obligations only during the Olympic Games. The provision of social protection applies to Olympic athletes under private agreements. Table 5.2: Occupational safety and health provisions for athletes in the South-western European region. Actor / Occupational safety and health provisions Accident insurance Mental health Physical health Prevention Safety policies Medical check-ups Access to medical facilities NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation *Statutory occupational safety and health provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. In Spain, it is mandatory for sport federations to provide accident insurance for athletes. In addition, the national athletics federation provides several measures of occupational safety and health. 147 Mental health is a subject that has not been addressed systematically in any of the countries. It is a topic that is barely discussed. 5.10. Social Protection The issue of social protection for athletes and the concerns that it involves have been discussed to a lower extent in these five countries, though evidence of concern can be found in three countries. In the Italian, Spanish and French ĐĂƐĞ͕ƚŚĞƌĞŝƐĂŶŽďůŝŐĂƚŝŽŶƚŽŵĂŬĞĂƚŚůĞƚĞƐ͛ĐŽŶƚƌŝďƵƚŝŽŶƐĨŽƌĐŽŵŵŽŶƐŽĐŝĂů security schemes when they are professional and framed in professional leagues (as if they were a worker in any field other than sport). In France, all athletes who are employed by the French armed forces are granted with all of the investigated social protections. The Italian Social Security Authority provides all of the listed social protections upon condition that the individual has been qualified as employee or independent contractor and social security contributions have been paid in his/her favour. Athletes who have an employment contract with the Italian armed forces and / or the state corps are thus provided with the surveyed social protections. Besides, other athletes have to be included as independent contractors or ongoing collaborators of the sports club. In this way, the club has to pay social security contribution favouring a specific section of the Italian Social Security Authority or, in some specific cases, related to the division of the Social Security Authority dedicated to the workers of show business and sport. These practices are not standard since the money paid to athletes can be treated, under a tax point of view, as different incomes from incomes deriving from the working activity. This allows a tax favourable treatment but prevents the payment of any social security contributions. In Italy, a lot of experts stigmatised the lack of any social protection for sports amateurs. This is why they welcomed the new Legislative Decree no. 36/2021 that will come into force in 2022. On the other side, a lot of associations/sports clubs are worried about the circumstance that the prospective law shall oblige them to bear more costs and they do not know if they will receive any help from the state or CONI. Concerning the social protection applicable to Olympic athletes in Spain, there is a difference between athletes who are under professional contracts and high-level athletes without professional contracts. In the first ĐĂƐĞ͕ƚŚĞĐŽŶƚƌĂĐƚƐĞŶƐƵƌĞƚŚĞĂƚŚůĞƚĞ͛ƐŝŶĐůƵƐŝŽŶŝŶƚŚĞƐŽĐŝĂůƐĞĐƵƌŝƚLJƐLJƐƚĞŵ͘/ŶƚŚĞƐĞĐŽŶĚ case, there is a particular condition for the inclusion of athletes in the autonomous contribution system, recognition by the Contribution Regime of Self-Employed Workers. In Spain, the Spanish Olympic ŽŵŵŝƚƚĞĞŚĂƐŵĂĚĞĞĨĨŽƌƚƐƚŽŝŶĐůƵĚĞŝŶƚŚĞŶĞǁƐƉŽƌƚƐůĂǁƚŚĞĐƌĞĂƚŝŽŶŽĨĂŶ͞ƚŚůĞƚĞ͛Ɛ^ƚĂƚƵƚĞ͟ƚŚĂƚ 148 includes their rights and duties. However, to date, no text that supports such intentions has been published and evidence has only been found in news and conferences. A special agreement to cover high-performance athletes by the same regime as self-employed workers exists only in the Spanish case. Since athletes are considered workers, the government grants them general rights as if they were a common worker from any other sector of activity, such as the right to retire at 65, or the access to medical treatment, in this case in high-performance training centres. In addition, through the Professional Athletes (Real Decreto 1006/1985), which would apply to those who may have a contract with a club (two days of weekly rest and 16 weeks paternity/maternity leave). In the case of Malta, the only support given is occupational disability and health care provided by the NOC. However, these are services provided by previously taking out private insurance, while unemployment support is subject to the general state social protection regime. Table 5.3: Social protection provisions for athletes in the South-western European region. Actor / Social protections Pension / Retirement scheme Occupational disability / Loss of income protection Health care Maternity protection / Parental leave benefits Unemployment assistance NOC ( ) National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation * Statutory social protection provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. Furthermore, in Portugal, in case of injury or illness of an athlete, evidenced by a medical report in accordance with the National Federation, the athlete is guaranteed the maintenance of his scholarship for the period defined for his recovery, as well as the criteria regulated by medical confidentiality, being admissible to co-participation of the costs demonstrably evidenced with the athlete's recovery. All co- payments are suspended in all cases of injury or illness that prevent participation in the OGs. Social insurances not used by many athletes since they are limited to one source of income. Complementarily, 149 the athlete for his own motivation may also propose, through the federation, the suspension of his integration in the Olympic Preparation Program. In addition, a post-career support that is given by the Law no. 272/2009 of 1 October is available, defining (Article 39) post-career support measures for high- performance practitioners, including the right to a Temporary Reintegration Grant after the sports career. Besides the above-cited specificities in Italy and Spain, all countries in general have concerns about maternity and pregnancy. In Portugal, in case of pregnancy, which demonstrably interrupts the sports and competitive programming undertaken by the NOC, and the participation in the OGs, the respective National Federation must propose the suspension of the athlete. There are no legal disputes on social protections, at least as far as public knowledge is available. 5.11. Participation and Bargaining All countries ;ŝ͘Ğ͕͘&ƌĂŶĐĞ͕/ƚĂůLJ͕DĂůƚĂ͕WŽƌƚƵŐĂůĂŶĚ̂ ƉĂŝŶͿŚĂǀĞĂŶĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶŝŶƚŚĞƌĞƐƉĞĐƚŝǀĞ Nationals Olympic Committees. In Italy͕ƚŚĞKE/ƉƌŽǀŝĚĞƐĂŶĂƚŝŽŶĂůĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶĐŽŵƉŽƐĞĚďLJŽŶĞŵĞŵďĞƌŽĨĞĂĐŚĨĞĚĞƌĂů commission and three members chosen from the representatives of the associated disciplines. In addition, the collective bargaining agreements for public sectors apply and the main topics regulated by them are: (i) economic issues (for example, salary, etc.); (ii) special allowance for particular and dangerous tasks assigned; (iii) criteria for the management of the incentive part of the salary. In Malta, the athletes are represented via a Commission responsible for running the MOC Elite Scheme with relationships to the Maltese Olympic Committee. In Portugal, the Olympic Athletes Commission (CAO), an entity integrated in the Olympic Committee of Portugal (COP), is made up of athletes participating in the Olympic Games, active or retired, who have participated in the last three editions of the Olympic Games. Consisting of nine Olympic athletes, elected by their peers, the CAO is responsible for representing the rights and interests of athletes before the Olympic Committee of Portugal and other entities of the national and international sports system. In the case of Portugal͕ƚŚĞĐŚĂŝƌŵĂŶŽĨƚŚĞĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶĨƵƌƚŚĞƌŵŽƌĞƚĂŬĞƐƉĂƌƚŝŶƚŚĞďŽĂƌĚŽĨƚŚĞ NOC and participates in decision-making (in others she/he only has a vote at general meetings). In Italy, France and Spain, athletes are furthermore represented in the national athletics federation ƚŚƌŽƵŐŚĂŶĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶ͘^ƉĞĐŝĨŝĐĂůůLJ͕ ŝŶSpain these athletes are represented by the Federal athletes͛ commission which is composed of seven athletes. 150 In Italy, France, Malta, Spain and Portugal, there are no collective bargaining agreements between the national athletics federation and athletes. There is no mention of actions made by state/public entities regarding representation and bargaining in the five countries. Even so, it is important to note that in France any union can be freely constituted. The only requirement is to register the statutes and provide the names of the board members. There is no need to have prior approval from any public authority. Based on this lĞŐĂůĨƌĂŵĞǁŽƌŬ͕ƚŚĞEĂƚŝŽŶĂůhŶŝŽŶŽĨůŝƚĞƚŚůĞƚĞƐ;> ͛hŶŝŽŶEĂƚŝŽŶĂůĞĚĞƐ^ƉŽƌƚŝĨƐĚĞ Haute Niveau) represents the interests of its members, who are elite athletes from individual sports. In Portugal, the Portuguese Olympic Athletes Association exists as an independent organisation, representing the interests of elite athletes. This organisation, while not a union, plays a role in the support of athletes and provides athletes with a voice. 5.12. Specificities, Current Conflicts and Issues In Portugal, Spain and Malta, the football federation has specific characteristics concerning the employment relations of athletes. A particular case in Portugal refers to the role of clubs in the support of Olympic athletes in the country. The development of clubs͛ own programs to support athletes allows athletes to participate in various sports and at a varied level of national and international competitions. Even so, there is a level of concentration of these athletes in the so-called "Big Three of Portugal" (Futebol Clube do Porto, Sport Lisboa e Benfica and Sporting Clube de Portugal) clubs with larger sports structures and with greater financial capacity to maintain these athletes. For example, the last Portuguese Olympic delegation to Tokyo 2020 had a total of 92 athletes, just over 47% linked to one of these three clubs (O Jogo, 2019). This scenario demonstrates a certain fragility in the Portuguese sports system, since, due to several ĨĂĐƚŽƌƐĂůƌĞĂĚLJĚŝƐĐƵƐƐĞĚŝŶƚŚŝƐƌĞƉŽƌƚ͕ŝƚĚŽĞƐŶŽƚŵĂƚĞƌŝĂůŝnjĞĂƚŚůĞƚĞƐ͛ƉƌŽƚĞĐƚŝŽŶŝŶƚŚĞŝƌĐĂƌĞĞƌ͘ None of the countries surveyed had public debates about conflicts between athletes (individually or collectively) and the NOC, the national athletics federation, any public authority / state agency or specific elite national sport organisations that have emerged in the last five years. Portugal, France and Malta do not have either public debate about precarious/risky social conditions of (former) athletes in Olympic sports. In the case of Spain͕ƚŚĞ^ƉĂŶŝƐŚKůLJŵƉŝĐŽŵŵŝƚƚĞĞǁŝƐŚĞƐƚŽŝŶĐůƵĚĞŝŶƚŚĞŶĞǁƐƉŽƌƚƐůĂǁĂ͞^ƚĂƚƵƚĞ ŽĨƚŚĞƚŚůĞƚĞ͟ƚŚĂƚŝŶĐůƵĚĞƐƚŚĞŝƌƌŝŐŚƚƐĂŶĚĚƵƚŝĞƐ͘DĞĂŶǁŚŝůĞ͕ƚŚĞƌĞŝƐŶŽĚƌĂĨƚŽĨƚŚĞƚĞdžƚ͘ As mentioned above, in Italy, a new legislative decree (Legislative Decree no. 36 of February 28, 2021) ƌĞŐƵůĂƚĞƐƚŚĞ͞ƌĞŽƌŐĂŶŝƐĂƚŝŽŶĂŶĚƌĞĨŽƌŵŽĨƚŚĞƉƌŽǀŝƐŝŽŶƐƌĞŐĂƌĚŝŶŐƉƌŽĨĞƐƐŝŽŶĂůĂŶĚĂŵĂƚĞƵƌƐƉŽƌƚƐ ďŽĚŝĞƐĂŶĚƐƉŽƌƚƐǁŽƌŬ͘͟/ƚŽǀĞƌĐŽŵĞƐƚŚĞĚŝƐƚŝŶĐƚŝŽŶďetween professional and amateur athletes, thus 151 applying the new figure of sports employee applicable to all kinds of athletes, notwithstanding which discipline they practise. Consequently, clubs that currently do not form employment relationships with Olympic sports athletes will have to change their organisation. Based on this new legislation, some of their athletes may be qualified as permanent employees or collaborators, depending on the form of exercise of their activities and the type of control that the managers of sports clubs exert over them. As a result, sporting associations or clubs are obliged to sign an employment contract or, at least, a permanent collaboration contract. 152 Literature Chapter 5 Ghosheh, N. (2013) Working conditions laws report 2012: A global review. ILO (2014) Working conditions laws report 2012: a global review (Geneva: International Labour Office) Ministère des Armées ;ϮϬϮϭͿ ͚ƌŵĠĞ ĚĞ ŚĂŵƉŝŽŶƐ DŝƐƐŝŽŶ dŽŬLJŽ͕͛ ͤDŝŶŚƚƚƉƐ͗ͬͬǁǁǁ͘ŵŝůƐƉŽƌƚ͘ŽŶĞͬŵĞĚŝĂƐͬĨĚǀƉƌĨŝůĞƐ͘ƉŚƉ͍ĚсŵůũĂ'ůůĐŶDсΘĨс'ϵnjĐϮůůĐůϵŬsϵǁĐŵsnjĐϮsĨď&ϵŚĐ ŵϭůsϵŬsϵũĂ'&ƚĐ'ůǀďŶEĨtϱĨďtůnjĐϮůǀďůϵŚyϯZǀĂϯůǀ> ŶŬŐссΘƐсϬϵϲϲϯϭĞϴĐϲĚϰϬϰϯϴϳĂϲϮϯďĚĚϰϳĐϭϬϱĐϯ͕ͥ accessed 12 November 2021 O Jogo (2019). Missão portuguesa em Tóquio'2020: Sporting e Benfica empatam em atletas. Retrieved from: https://www.ojogo.pt/modalidades/toquio-2020/noticias/missao-portuguesa-em-toquio2020-sporting-e- benfica-empatam-em-atletas-13966850.html Programa de PreparaĕĆo Olşmpica Tſquio 2020 e Paris 2024 (2018). DiĄrio da RepƷblica, 2.a sĠrieͶN.o 18Ͷ25 de janeiro de 2018. Retrieved from: https://conpaas.einzelnet.com/services/mediaservice/api/media/1d875c524fb2d606938b4f4f8cb0212b4ab7 8035 https://www.ojogo.pt/modalidades/toquio-2020/noticias/missao-portuguesa-em-toquio2020-sporting-e-benfica-empatam-em-atletas-13966850.html https://www.ojogo.pt/modalidades/toquio-2020/noticias/missao-portuguesa-em-toquio2020-sporting-e-benfica-empatam-em-atletas-13966850.html https://conpaas.einzelnet.com/services/mediaservice/api/media/1d875c524fb2d606938b4f4f8cb0212b4ab78035 https://conpaas.einzelnet.com/services/mediaservice/api/media/1d875c524fb2d606938b4f4f8cb0212b4ab78035 153 6. South-Eastern Europe Vanja Smokvina This Regional Report (South-Eastern Europe) focuses on Bulgaria, Croatia, Cyprus, Greece, Romania and Slovenia. 6.1. Background: National Sport Systems In the National Sports Systems of these six countries we find a lot of common solutions but also numerous differences which will be elaborate in this paper. Speaking about the legal framework and central sports organisation we must say that in all the countries except in Cyprus and Slovenia there are specific sports-related provisions in the relevant national Constitutions. When to Sports Act we may say that all countries have a specific Act which deals with sport at national level. Sport does not have the exclusivity of its own ministry and is combined with others, such as: Bulgaria (with Youth), Croatia (with Tourism); Cyprus (with Education, Culture and Youth); Greece (with Culture); Romania (with Youth) and Slovenia (with Education and Science). Except in Cyprus, all other countries more or less have also the competences of local and/or regional authorities in the field of sport which is an extremely important way how sport is organised and supported. Passing now to the core organisations of the Olympic Movement in the relevant countries we may say that all countries have their respective National Olympic Committees which of course are in charge of developing the Olympic Movement in accordance with the Olympic Charter, the popularization of the KůLJŵƉŝĐŝĚĞĂůƐŝŶƚŚĞĐŽƵŶƚƌLJ͕ĂŶĚĂƚŚůĞƚĞƐ͛ƉĂƌƚŝĐŝƉĂƚŝŽŶŝŶKůLJŵƉŝĐ'ĂŵĞƐ͕ƚŽƌĞƉƌĞƐĞŶƚƐƚĂƚĞĂŶĚƚŚĞ respective sports organizations before the IOC on matters related to the organization and conduct of Olympic Games. Here we must only point that in Romania ƚŚĞƵŵďƌĞůůĂŝŶƐƚŝƚƵƚŝŽŶŝƐĐĂůůĞĚ͞ZŽŵĂŶŝĂŶ KůLJŵƉŝĐĂŶĚ^ƉŽƌƚƐŽŵŵŝƚƚĞĞ͘͟ In Greece we find the existence of a National Elite Sports Organisation: the General Secretariat of Sports (G.S.S.). It is a body of the Greek state, which reports to the Deputy Ministry of Sports, which in turn is attached to the Ministry of Culture and Sports. It is the principal executive body that administrates sports and the sports policy of Greece. In Cyprus, the Cyprus Sport Organization is a semi-governmental organisation funded by the state to promote mass and elite sport. While not solely focusing on elite sport, it does play a role in supporting athletes through an award scheme. Furthermore, in these countries we find public authorities/entities or state agencies without a generic/original focus on elite sport that play a role in the support of elite athletes and those are mostly ministries of defence or interior: Bulgaria (Ministry of Interior and National Service for Protection), Croatia (Ministry of Defence) and Slovenia (Ministry of Interior, Ministry of Finance (Customs) and Ministry of Defence). In Greece, distinguished athletes are offered a lifetime employment at the armed forces. Romania is interesting since there we find that the ministries are supporting sports clubs: the 154 Ministry of Defence ƐƵƉƉŽƌƚƐƚŚĞƌŵLJ^ƉŽƌƚƐůƵď͞^ƚĞĂƵĂ͟ƵĐŚĂƌĞƐƚ͕ƚŚĞMinistry of Interior supports ƚŚĞ ^ƉŽƌƚ ůƵď ͞ŝŶĂŵŽ͕͟ and the Ministry of Transport and Infrastructure supports the Sport Club ͞ZĂƉŝĚ͘͟ Speaking about any additional actors (private, public, intermediary (cooperation of private and public actors)) involved in the elite sport system we must point out that in Slovenia there is the Slovenian sports foundation as a special public institution founded by the Slovenian parliament and responsible for delivering lottery money to sports subjects in Slovenia for different purposes and not only for the elite sport. Furthermore, in Romania we find a National Institute for Sport Medicine. When to relationships between public authorities and organised sport in Olympic sports we must say that in all countries sports organisations (sports federations and sports clubs) shall provide assistance for the fulfilment of the state and municipal policy in the system of sport. In this context, the relationship between public authorities and organized sport in Olympic sports must be based on the principle of cooperation. Moreover, the sports federations, including those running Olympic sports, are exercising certain public powers in the field of their respective sports, which have been granted to them by the state. Such public powers can be transferred from the state to sports federations after fulfilment of certain conditions precedent specified in decisions of the constitutional court (in Bulgaria) or determined by the national legislation (in Croatia). In Bulgaria for example, one of those public powers is the retention of the control from the State, which takes two forms: preventive control through the issuance of sports license by the Minister of Youth and Sport after meeting certain requirements and subsequent control by the supervision carried out by the Minister of Youth and Sport. From this perspective, the relationship between state authorities and organized sport in Olympic sport resembles those of between principal and agent. The state as principal is entitled to withdraw the license of a sport federation in case of admission by such federation of certain failures, discrepancies and violations enumerated in the Law on Sport. Furthermore, we find also the principle of the complementarity which is prevailing as the elite sport is one of the national interests in Croatia and Slovenia recognised by the National Sports Programme. At the summer Olympics organised in Tokyo in 2021, these six countries participated with a respective number of athletes: Bulgaria (42 athletes), Croatia (59 athletes), Cyprus (15 athletes), Greece (80 athletes), Romania (102 athletes) and Slovenia (53 athletes). At the winter Olympics in Pyeongchang in 2018 the numbers are lower in Bulgaria (21 athletes), Croatia (20 athletes), Cyprus (2 athletes), Greece (4 athletes), Romania (27 athletes), except in Slovenia (71 athletes). Finally, speaking about the numbers on how many athletes are part of a national elite sport programme or elite cadre system we must say that those numbers vary significantly from country to country. From Slovenia with a vast group of different categorisations with in total 4.355 athletes, Croatia with 445 155 athletes, Greece with 200-250 athletes, and Romania with 220 athletes, while there are no such data available for Bulgaria and Cyprus. 6.2. Background: National Employment Relations and Welfare Regimes National employment law (collective and individual) and industrial relations have or should have major impact upon the relationships in sport especially for the legal status of athletes. Although, not all countries recognise the well-deserved labour status to athletes in this paragraph we will focus on the national employment regulations regimes in these six countries. Speaking about the general constitutional framework on labour law and the major legal acts that shape the fields of employment and self-employment in Bulgaria, the Constitution proclaims that labour shall be guaranteed and protected by law. Citizens shall have the right to work and the state shall take care to provide conditions for the exercising of this right. Everyone shall be free to choose an occupation and place of work and no one shall be compelled to do forced labour. Workers and employees shall be entitled to healthy and non-hazardous working conditions, to guaranteed minimum pay and remuneration for the actual work performed, and to rest and leave, in accordance with conditions and procedures established by law. Workers and employees shall be free to form trade union organizations and alliances in defence of their interests related to work and social security. Employers shall be similarly free to associate in defence of their economic interests. The major legal acts in the field of employment in Bulgaria are the Labour Code, the Law on the Healthy and Safe Conditions at Work. Self-employment is not regulated by special law. In Cyprus, the employment relations are regulated by ordinary contract law principles (Contract Law), supplemented by statutory rights and obligations where appropriate. For instance, the Law on the Termination of Employment was issued to ensure the protection of the rights of employees and employers. Other important laws regulating the employment relations in Cyprus are the Laws on Annual Holidays with Payment, Laws on the Protection of Maternity, Laws on Parental Leave and Permission for Reasons of Force Majeure Law of 2012 and Laws on Minimum Wages.38 The competent Court for employment related disputes is the Tribunal on Labour Disputes. This court is very rarely used for labour disputes in sport because the athletes involved in Olympic Games are not employed by the NCO, their associations or their clubs. In Greece the Constitution includes provisions devoted to labour, such as the recognition of the right to work (art. 22§1), the freedom of association (art. 11), the right to strike (art. 23) and to collective bargaining (art. 22§2). Provisions regulating labour relations have, however, not yet been codified into a 38 For further information, please see http://www.mlsi.gov.cy/mlsi/dlr/dlr.nsf/page17_gr/page17_gr http://www.mlsi.gov.cy/mlsi/dlr/dlr.nsf/page17_gr/page17_gr 156 > ĂďŽƵƌŽĚĞ͘ƌƚŝĐůĞƐϲϰϴƚŽϲϴϬŽĨ ƚŚĞ'ƌĞĞŬŝǀŝůŽĚĞŽŶ ͚ĐŽŶƚƌĂĐƚŽĨĞŵƉůŽLJŵĞŶƚ͛ĂƌĞ ƚŚĞďĂƐŝĐ provisions that govern the employment relationship between employers and employees. Principal laws (as replaced or/and amended) include legislation on the following: termination: acts 2112/1920, 3198/1955 & act 1387/83 on group dismissals; annual paid leave: act 539/1945; non-discrimination: including act 4443/2016 & act 3896/2010 on the equal treatment of men and women; health and safety at work: act 1568/1985 & act 3850/2010; flexible forms of employment (part time and rotation): act 1892/1990 art. 38.; flexible work-time arrangements: act 1892/1990 art. 41; working time: National General Collective Agreement (EGSSE) of 1984, acts 2874/2000, 3385/2005, 3863/2010 & 3846/2010, DŝŶŝƐƚĞƌŝĂůĞĐŝƐŝŽŶɁʉϭϴϯϭϬͬϭϵϰϲΘϴϵϬϬͬϭϵϰϲ͘ In Romania, according to the Romanian Constitution, as a general framework, art. 41 (para. 1-5) Labour and social protection of labour determines the right to work shall not be restricted. Everyone has a free choice of his/her profession, trade or occupation, as well as work place. All employees have the right to measures of social protection. These concern employees' safety and health, working conditions for women and young people, the setting up of a minimum gross salary per economy, weekends, paid rest leave, work performed under difficult and special conditions, as well as other specific conditions, as stipulated by the law. The normal duration of a working day is of maximum eight hours, on the average. On equal work with men, women shall get equal wages. The right to collective labour bargaining and the binding force of collective agreements shall be guaranteed. Except the Romanian Constitution, there are other applicable laws: Labour Code from 24 January 2003 (Law nr. 53/2003, published in Official Gazette nr. 345 from 18 May 2011) and Fiscal Code from 8 September 2015 (Law nr. 227/2015, published in Official Gazette nr. 688 din 10 September 2015). In Slovenia there are three basic legal acts dealing with the employment of athletes: Companies Act; Employment Relationship Act and the Law on Sport. Except for the Sports Act which focuses on the sports system, other state acts encompass some persons in sports, their relationships etc. but are not specifically addressed to sports. Sport is their subject of regulation, but like all other sectors. In Croatia, we may say that in the Constitution there are various articles which do deal with labour rights, such as: forced and compulsory labour shall be forbidden (Art. 23, para 2); everyone shall be guaranteed the right to freedom of association for the purposes of the protection of common interests or the promotion of social, economic, political, national, cultural and other convictions and aims. For this purpose, anyone may freely form trade unions and other associations, join them or leave them, in accordance with law (Art. 43, para. 1). Everyone shall have the right to work and to freedom of work. Everyone shall be free to choose his/her vocation and occupation, and shall have access to each workplace and post under equal conditions (Art. 54). Each employee shall be entitled to remuneration enabling him/her to ensure a free and decent life for himself/herself and his/her family. Maximum working hours shall be regulated by law. Each employee shall be entitled to a weekly rest period and paid annual leave, and may not waive these rights. Employees may, in accordance with law, participate 157 in decision-making in their places of employment (Art. 55). The right to strike shall be guaranteed. The right to strike may be restricted in the armed forces, the police, state administration and public services as specified by law (Art. 60) etc. In Croatia, the basic legal acts dealing with the employment is the Labour Act. Self-employment is regulated by the Law on Civil Obligations since self-employed persons, if they conclude a contract, conclude a civil law contract. Speaking about the fundamental principles of the national industrial relations system (particularly individual and collective employment relationships and relationships between representatives of employers and employees -͞ůŝǀŝŶŐĐŽŶƐƚŝƚƵƚŝŽŶ͟Ϳ͕ ŝŶBulgaria, the Labour Code determines: the role of the State to regulate the labour and the relations directly related thereto; the insurance relations and the issues of the living standard upon consultations and dialogue with the workers, employees, employers and their organizations in the spirit of cooperation, mutual concessions and respect of the interests of each of the parties. In 2020, a newly inserted provision in the Labour Code introduced for the first time the bipartite cooperation. The State shall provide incentives for such cooperation between ƚŚĞƚƌĂĚĞƵŶŝŽŶƐĂŶĚƚŚĞĞŵƉůŽLJĞƌƐ͛ŽƌŐĂŶŝnjĂƚŝŽŶƐǁŝƚŚƌĞŐĂƌĚƚŽƚŚĞŝƐƐƵĞƐĨĂůůŝŶŐǁŝƚŚŝŶƚŚĞƐĐŽƉĞŽĨ the social dialogue. Employees are entitled with no prior permission, to freely form, by their own choice, trade union organizations, and to join and leave them on a voluntary basis, showing consideration for ƚŚĞŝƌ ƐƚĂƚƵƚĞƐ ŽŶůLJ͘ dƌĂĚĞ ƵŶŝŽŶ ŽƌŐĂŶŝnjĂƚŝŽŶƐ ƌĞƉƌĞƐĞŶƚ ĂŶĚ ƉƌŽƚĞĐƚ ĞŵƉůŽLJĞĞƐ͛ ŝŶƚĞƌĞƐƚƐ ďĞĨŽƌĞ government agencies and employers as regards the issues of labour and social security relations and living standards through collective bargaining, participation in the tripartite cooperation, organization of strikes and other actions, pursuant to the law. Employers have absolutely reciprocal rights to form organizations and defend their interests under the Labour Code. In Cyprus both sides, employers and employees are duly represented by a number of unions. It is a well- established principle that any amendments in the national law and practices affecting the employees in general, will first be negotiated between the representatives of the two sides, together with the government representatives. What is more, both sides are also directly involved in the resolution of employment related disputes. The national labour court is a three-member tribunal, consisting of a state appointed judge and two side judges (arbitrators). In every employment related hearing before the Labour Court, one of the side judges is always a representative of the employees and the other one is always a representative of the employers. These side judges are fully involved in the hearing and the ĐŽƵƌƚ͛ƐĚĞĐŝƐŝŽŶŵĂŬŝŶŐƐŝŶĐĞƚŚĞŽƵƌƚ͛ƐĚĞĐŝƐŝŽŶƐĂƌĞŝƐƐƵĞĚďLJŵĂũŽƌŝƚLJ͘ In Greece, in general, the law does not require an employment contract to be drafted in writing. Salaries are determined by law, collective agreements or individual employment contracts. An interprofessional minimum wage is set by law. Collective agreements and employment contracts may provide for a higher salary. The legality of the dismissal of workers on open-ended contracts is conditional upon the written notification of a letter and on the payment of severance pay; the lack of either prerequisite renders the dismissal void. Employees with less than one year of seniority are not entitled to any severance pay. The 158 dismissal may be reviewed by the competent court if the employee invokes an abuse of rights. Freedom of association, the right to strike and the right to collective bargaining are guaranteed under the Constitution and the law. Employees are free to join the union of their choice or not to join any union. Greek unions participate in a single national Confederation called GSEE. Undoubtedly, many conflicts and disagreements come up from time to time but until today (in the recent years) a solution is always reached at the end of the day. In Romania the Social Dialogue Law (nr. 62 din 10 May 2011 published in Official Gazette nr. 625 din 31 august 2012) is applicable to individual and collective employment relationships and relationships between representatives of employers and employees. The Labour Associations/Syndicates/Trade Unions are independent from public authorities, political parties and other stakeholders. In Croatia and Slovenia, there is the so called Economic-Social Council in which the representatives of 'ŽǀĞƌŶŵĞŶƚ͕dƌĂĚĞhŶŝŽŶƐĂŶĚŵƉůŽLJĞƌƐ͛KƌŐĂŶŝƐĂƚŝŽŶƐĚŝƐĐƵƐƐĂďŽƵƚƌĞůĞǀĂŶƚŝƐƐƵĞƐƌĞůĂƚŝŶŐƚŽƚŚĞ rights and obligations of employees and employers. After the change to the socio-economic system and the first free elections, a democratic industrial relations system gradually emerged with free collective bargaining being in force nowadays. Speaking about the key actors in the collective regulation of employment relations (trade unions, etc.) we must say that one of the main actors in the collective regulation of employment relations in Bulgaria ŝƐƚŚĞʁ ʻˁʥ;ĂďďƌĞǀŝĂƚŝŽŶŝŶLJƌŝůůŝĐƐƚĂŶĚƐĨŽƌ͞ ŽŶĨĞĚĞƌĂƚŝŽŶŽĨƚŚĞ/ŶĚĞƉĞŶĚĞŶƚ̂ LJŶĚŝĐĂƚĞƐŝŶƵůŐĂƌŝĂ͟Ϳ with 35 trade unions as members plus four associate members. It unites more than 300,000 Bulgarian ĨĂĐƚŽƌLJĂŶĚŽĨĨŝĐĞǁŽƌŬĞƌƐ͘dŚĞŽƚŚĞƌŵĂũŽƌĂĐƚŽƌŽŶƚŚĞƉĂƌƚŽĨ ƚŚĞĞŵƉůŽLJĞĞƐ͛ŽƌŐĂŶŝnjĂƚŝŽŶƐ ŝƐ ƚŚĞ trade union Podkrepa (currently called Confederation of Labour Podkrepa) which is open for membership with respect to citizens united for the protection of their professional and social interests. On the part of the employers the biggest organization is the Confederation of Employers and Industrialists in Bulgaria. In the sports sector, the National Sports Trade Union was registered with the Sofia City Court in 2005. However, currently there is no information about any activity of this organisation and it has still not been registered in the unified Commercial Registry and Registry of the Non-Profit Legal Entities with the Registration Agency of the Republic of Bulgaria. On 4 August 2014, a Collective Bargaining Agreement in football between the Bulgarian Football Union, the Professional Football League and the Association of the Bulgarian Football Players was concluded with a term of validity of two years, for which there is no information to have been extended after its expiry in 2016. Also, the validity of the CBA in football was further questionable because of not meeting the legal requirements for the conclusion of such CBA at that level. In Cyprus ƚŚĞ ŬĞLJ ĂĐƚŽƌƐ ŝŶ ƚŚĞ ĞŵƉůŽLJŵĞŶƚ ƌĞůĂƚŝŽŶƐ ĂƌĞ ƚŚĞ ǀĂƌŝŽƵƐ ƚƌĂĚĞ ƵŶŝŽŶƐ͕ ĞŵƉůŽLJĞƌƐ͛ federations and associations and the Ministry of Labour, Welfare and Social Insurance. Trade unions in CyƉƌƵƐĂƌĞǀĞƌLJƉŽǁĞƌĨƵůĂŶĚĐĂŶƐŝŐŶŝĨŝĐĂŶƚůLJŝŶĨůƵĞŶĐĞƚŚĞŐŽǀĞƌŶŵĞŶƚ͛ƐĚĞĐŝƐŝŽŶŵĂŬŝŶŐ͘KŶƚŚĞŽƚŚĞƌ 159 hand, there are also a number of associations and federations consisting of employers which, like the labour unions, are striving to safeguard the employeƌƐ͛ƌŝŐŚƚƐĂŶĚďĞŶĞĨŝƚƐ͘ In Greece, like in Croatia, as regards trade unions, their operation and basic rights (recognition, representativeness, right to strike) are set in a special Act. Only the most representative unions of employees are authorized to conclude collective agreements. The Greek law on collective bargaining ƌĞĨĞƌƐƚŽĞŵƉůŽLJĞƌƐ͛ŽƌŐĂŶŝnjĂƚŝŽŶƐŽĨǁŝĚĞƌƌĞƉƌĞƐĞŶƚĂƚŝŽŶ͕ǁŚŝĐŚĐĂŶƐŝŐŶĂŐƌĞĞŵĞŶƚƐ ŝŶƚŚĞĨŝĞůĚŽĨ their domain (Act 1876/1990). There are different categories of collective agreements. The Minister has the power to extend the application of collective agreements. In case of negotiation deadlock, a settlement procedure is provided for by Law, including conciliation, mediation and arbitration. In Romania we may say that according to the Social Dialogue Law nr. 62/2011, the actors involved in the collective regulations of employment relations are Trade Unions/Labour Associations and Employers in line with art. 127 and the following In Slovenia, trade union representation is guaranteed by the Constitution of the Republic of Slovenia, which stipulates in Article 76 that the organisation and work of trade unions as well as trade union membership are free. Consequently, there are no legislative restrictions regarding the right to join trade unions. There are a lot of trade unions representing different segments of economy. Although social partners describe collective bargaining in Slovenia as more cooperative than conflictual, there are sectors where there is practically no social dialogue any more. There are some issues in social dialogue (for ĞdžĂŵƉůĞ͕ ŝŶĐƌĞĂƐŝŶŐďƌĞĂĐŚĞƐŽĨ ĐŽůůĞĐƚŝǀĞĂŐƌĞĞŵĞŶƚƐďLJĞŵƉůŽLJĞƌƐ͕ ŝŶĐƌĞĂƐŝŶŐǁŽƌŬĞƌƐ͛ƵŶƌĞƐƚĂŶĚ number of strikes, and a rise in unilateral and hasty government interventions in public sector working conditions). The Trade Union for athletes also exists but the membership covers only the minority of athletes and is more active in some team sports. 6.3. Legal Status of Athletes in Olympic Sport Regarding the legal status of athletes in Olympic sport we will start with court cases on the status of athletes in Olympic sports under national employment law, and here we must note that only in Bulgaria there was a case in volleyball where the main issue was whether the relationship of the parties was of employment law nature (Decision No 998 of 1 February 2016 under appeal civil case 3412 of 2015 of the Sofia City Court). The parties have concluded two contracts at the same time ʹ one employment agreement for indefinite period and another so-ĐĂůůĞĚ͞ƉƌŽĨĞƐƐŝŽŶĂůĐŽŶƚƌĂĐƚ͟ŚĂǀŝŶŐĂƐƐƵďũĞĐƚŵĂƚƚĞƌ the competition rights of the volleyball player, which according to the contract belonged to the club. The court held that the contract contained all necessary elements of a labour contract. The agreed scope of the contract was not related to the fulfilment of particular result, creation of a product or performance of concrete work but included the provision of labour regardless of the fact that it concerned the exercise 160 of sporting activity and competition rights. The parties have agreed the organisation, where the labour would be provided. The contract specified that the agreed activity would be performed multiple times during its duration (it was not about a single performance of a certain task). The allocation of the risk was on the employer in accordance with the agreed provisions for the payment of health and social insurance for the cases of temporary and peƌŵĂŶĞŶƚĚŝƐĂďŝůŝƚLJ͘ůƐŽ͕ƚŚĞĂŐƌĞĞĚƉůĂĐĞŽĨƚŚĞǁŽƌŬǁĂƐƚŚĞĐůƵď͛Ɛ premises and it was supposed to be performed through instruments provided by the employer. The court found that the contract contained labour law and civil law elements because the legal status of the athlete arose from a complex set of facts ʹ a contract with a club, by virtue of which the athlete has provided his/her competition rights and right of registration. Speaking about cases where the national labour laws provide specific measures to regulate sport, not all countries have such a case. In Bulgaria, we may conclude that the general employment legislation does not specifically address sport. The Law on Sport states in its article 77, par.1 that professional athletes shall perform training and competition activity by signing a contract against consideration with a sports club. However, the Law on Sport does not specify the precise legal nature of such contract ʹ labour or other type. Paragraph 2 of the same article contains the requirement for written form for such contract and also lists its minimum content: date of conclusion and commencement of the work; term of validity; the amount of the remuneration and the periodicity of its payment as well as the damages in case of delayed or unpaid remuneration; the rights and obligations of the parties; the conditions for the ƉƌŽĨĞƐƐŝŽŶĂůĂƚŚůĞƚĞƐ͛ŚĞĂůƚŚĂŶĚƐŽĐŝĂůŝŶƐƵƌĂŶĐĞ͕ĂƐǁĞůůĂƐƚŚĞŽďůŝŐĂƚŽƌLJŝŶƐƵƌĂŶĐĞƉŽůŝĐŝĞƐĂŶĚŵĞĚŝĐĂů insurance; the conditions for transfer or remise; the terms and procedure for terminating the contract; the damages due by the non-performing party to the contract; an arbitration clause. As it became clear on the basis of the case law Bulgarian courts would certainly find such contracts, when concluded in collective sports, to be labour law contracts to which the general employment law shall apply. In case of individual Olympic sports, there is likelihood that the relationship could be found to be different than employment. However, there is no such court practice existing. In Romania there are numerous laws which do provide specific measure to sport like the Law nr. 69 din 28 April 2000 of physical education and sport, Labour Code from 24 January 2003 (Law nr. 53/2003), Fiscal Code from 8 September 2015 (Law nr. 227/2015), and Governmental Decision nr. 1.447 from 28 November 2007. Despite the fact there several Law applicable, none of those law contains provisions regarding the status of the athletes in Olympic sports. In the Law nr. 69 din 28 April 2000 of physical education and sport there are provisions regarding high performance athletes (see Title II, Chapter IV ʹ High performance sports), but there are not specific provisions regarding the legal status of athletes in Olympic sports. Basically, these provisions are applicable to all the athletes regardless they are in Olympic sports or not. Title III Chapter III of the above-mentioned law is dedicated to the Romanian Olympic Committee as a structure, but there are no other provisions regarding the legal status of athletes in Olympic sports. 161 Figure 6.1: Legislation and court cases on the legal status of athletes in Olympic sports in the South-eastern European region. In Slovenia, some provisions in the Law on Sport regulate certain areas differently than in the Employment Relationships Act. For instance, the Law on Sport determines: in the case of concluding an employment contract with an athlete the contracting parties may, in the employment contract, regardless of to the restrictions set by the Employment Relationships Act, otherwise regulate the rights, obligations and responsibilities arising from the employment relationship in relation to: conditions and restrictions of fixed-term contracts (maximum duration of fixed-term contract is ten years), working hours, providing breaks and rests, payment for work, disciplinary responsibility and termination of the employment contract. The regulation of the employment of the athletes employed in different ministries is stipulated by the rules which are used for employees in ministries and are specific for each ministry where athletes are employed. Table 6.1: Potential employment relationships of athletes in the South-eastern European region. Actor / Employment contract available BUL CRO CYP GRE ROM SLO NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport Specific elite sport organisation 162 An important issue is the contractual relationship of athletes. The table below shows how the situation varies across the six countries. Here we must note that although there are contracts with the NOC or NAF (respectively of each country during or outside Olympic Games), in all the six countries those are not employment contracts (see further section 4). We do find the employment contract with athletes in Bulgaria, Croatia, Romania and Slovenia with the public authorities (see further section 7). 6.4. The Role of the National Olympic Committee Speaking about the contractual relationship of athletes and their respective NOC we must note that in Bulgaria the NOC and the athletes participating at the Olympic Games may enter into agreements with regard to the assistance provided by the joint programs of the IOC and the NOC for Olympic Solidarity, only during the Olympic Games. The criteria that an athlete must fulfil to enter into such contract with the NOC should be specified in the particular joint program for Olympic Solidarity of the IOC and the NOC regarding the provision of such assistance. Athletes participating at Olympic Games may receive money from the NOC for their personal and independent use during the Olympic Games. All athletes participating at Olympic Games receive equal amounts based solely on the fact of participation. In Romania, outside the Olympic Games there exists only contracts with elite athletes based on the Law nr. 69 din 28 April 2000 of physical education and sport, Labour Code, Fiscal Code and the Governmental Decision nr. 1.447 from 28 November 2007 regarding the approval of Financial norms regarding sport activities published in Official Gazette in Rumania. The contracts are signed between athlete and NOC and are fixed-term contracts. The fixed-term contracts are signed for one year and they could be renewed depending on the performance of an athlete. The athlete is proposed by the National Federation in order to enter into a contract with the NOC and they are included in special training programs in order to achieve the objectives. The athlete is always proposed by the National Federation based on the performance of the athlete in achieving Olympic sport goals. There are around 220 athletes in that programme and they sign sport activity contract. The training plan of a National Federation considers the calendar of the international weeks of the International Federations. The working time is detailed in the training plan, approved by the NOC or National Federations or Clubs. The training plan is made by coach, approved by the Federation and by the NOC. More precisely, the training plan could be approved by the Federations or by a Speciality Commission composed by experts in sport, trainers/coaches established by the Federation and functioning within the National Federation. In Slovenia, athletes do not have a contract with the NOC outside the Olympic Games, although if they reach some good results they get some benefits from the NOC. Criteria results are different for different sports. Contracts are signed with all athletes who achieve the criteria results, which are the combination of international and national sport criteria. Contracts are signed 2 years before each Olympic Games. Currently, we are speaking about around 100 athletes. During the Olympic Games there are contracts 163 with athletes and the parties to the contract are the NOC, national sport federation and the athlete, as a standard form contract. Classification/status under that contract: the NOC is service provider for the Athletes and their Federation. The contract has a duration from few months before the Olympic Games till the end of the Olympic Games. Each party can terminate the contract. The general civil court is competent to solve possible disputes arising from the contract. The Slovenian NOC also pays financial awards for places 1 to 5 at the Olympic Games, 1 to 3 at World and European championships. All Olympic candidates receive a small allowance to cover personal costs. The NOC has a scholarship program for young talented athletes and a special fund for elite athletes (Olympic and World championships medallists). Scholarship program intends to support best young athletes which achieved top sport results ĂƚŵĂLJŽƌŝŶƚĞƌŶĂƚŝŽŶĂůĐŽŵƉĞƚŝƚŝŽŶƐĂŶĚĂƌĞƌĞŐƵůĂƌƐƚƵĚĞŶƚƐ͘^ƚƵĚĞŶƚƐŝŶ,ŝŐŚƐĐŚŽŽůƐƌĞĐĞŝǀĞΦϭϲϰ͕ϬϬ monthly and students in University programmes ƌĞĐĞŝǀĞΦϮϲϰ͕ϬϬŵŽŶƚŚůLJ͘ůůƚŽŐĞƚŚĞƌŝŶϮϬϮϭƚŚĞLJĂƌĞ 189 athletes involved from 51 different sport disciplines. In Croatia, if an athlete reaches some good results at the last Olympic Games they sign a contract with the NOC and its Federation. He/she gets some benefits (financial and non-financial) from the NOC and become one of the Olympic candidates until the next Olympic Games out of 3 categories: potential KůLJŵƉŝĐĐĂŶĚŝĚĂƚĞĂŶĚ͕ƉŽƚĞŶƚŝĂůŽůLJŵƉŝĐƚĞĂŵƐ͕KůLJŵƉŝĐĐĂŶĚŝĚĂƚĞ͕ĂŶĚ͞dŽƉ͟KůLJŵƉŝĐĂndidate. dŚĞƌĞŝƐĂůƐŽƚŚĞ͞ĞǀĞůŽƉŵĞŶƚƉƌŽŐƌĂŵŵĞ͟ĨŽƌLJŽƵŶŐĞƌĂƚŚůĞƚĞƐǁŝƚŚϱĐĂƚĞŐŽƌŝĞƐ͗/͕/ͬϮ͕//ͬϭ͕//ͬϮĂŶĚ ///͘dŚĞLJĞĂƌůLJĨŝŶĂŶĐŝĂůƐƵƉƉŽƌƚĨŽƌƚŚĞĂƚŚůĞƚĞƐŝŶƚŚĞ͞ĞǀĞůŽƉŵĞŶƚƉƌŽŐƌĂŵŵĞ͟ǀĂƌŝĞƐĨƌŽŵΦϱ͘ϱϮϱ͕ϬϬ ƚŽ Φϭ͘ϳϳϱ͕ϬϬ ĞŶĚ ĐŽŵƉƌŝƐĞƐ ƚŚĞ ĐŽǀĞƌ the costs of (preparation and competition, use of facilities, equipment, testing & diagnoses, vitaminisation, health protection and health check-ups, and especially travel insurance and additional health insurance for athletes cathegories II/1 up to the athletes who enjoy the Olympic programme. We, must also note that the status of Olympic candidate enjoy athletes who have achieved some good results at international competitions according to the NOC of Croatia Criterias for the next Olympic Games cycle. The Olympic programme and the Development programme are in reality additional programmes since Regular programmes have the scope to cover the expenses of world or europan competition and preparations. At the beginning of 2021, there were 109 summer Olympic Athletes candidates and 8 winter Olympic Athletes candidates. Also, during the Olympic Games those contracts are in force. The NOC pays a scholarship to the three categories of the Olympic candidates for the whole four-year period. The value depends on the category. So, we may conclude that the NOC has a scholarship program for young talented athletes and a special fund for elite athletes (Olympic and World championships medallists). Furthermore, the athletes who won a medal are entitled to a special financial award from the State but also from some federations for their respective sport. Finally, the Ministry of Tourism and Sport covers the scholarships for public or private study programmes for athletes. In Cyprus and Greece, there is no contractual relationship with athletes outside or during the Olympic games. Still, the Greek NOC offers one-ŽĨĨďŽŶƵƐĞƐĨŽƌĞůŝƚĞĂƚŚůĞƚĞĂĐŚŝĞǀĞŵĞŶƚƐ;Ğ͘Ő͘ΦϭϬ͘ϬϬϬ͕ϬϬǁĞƌĞ 164 ĂŶŶŽƵŶĐĞĚ ĨŽƌ ƋƵĂůŝĨŝĐĂƚŝŽŶ ƚŽ ƚŚĞKůLJŵƉŝĐƐ ŝŶ ŝŶĚŝǀŝĚƵĂů ƐƉŽƌƚƐ ĂŶĚΦϮ͘ϱϬϬ͕ϬϬ ƉĞƌ ƉĞƌƐŽŶ ĨŽƌ ƚĞĂŵ sports). The amounts may differ between given times and events, according to the economic potential of the NOC. Furthermore, athletes who achieve 1st to 3rd place in summer and winter Olympics, World and European Championships and equal or break a world record in women/men categories, are awarded with a success bonus, the amount of which is decided by a joint decision of the Minister of Finance and the Minister of Culture and Sports. Figure 6.2: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from the NOCs of the South-eastern European region. In all six countries, pursuant to the NOC Regulations the NOC shall provide assistance for the transportation and the accommodation of the members of the delegations of all six countries including the athletes. In practice the NOC covers all costs for the transportation and the accommodation of the athletes during the Olympic Games including the competitions. The NOC also provides the official uniforms of the athletes for the opening ceremony, which they may retain. It does also provide sports clothing and sporting equipment to the athletes participating at the Olympic Games as far as the athletes have not received such clothing and/or equipment from the respective federation or by virtue of sponsorship agreement. In Bulgaria, the athletes are free to use their own clothing and sporting equipment during the competitions but they are obliged to wear the uniform provided by the NOC during the rest of the time of the Olympic Games. 165 6.5. The Role of the National Athletics Federation In Bulgaria, Romania and Slovenia we find contracts between athletes and the National Athletics Federation (NAF) outside the Olympic period as well as during the Olympic period. Except for Croatia and Greece, we find that in other countries the NAF ƉƌŽǀŝĚĞƐĂƚŚůĞƚĞƐǁŝƚŚ͞ĚŝƌĞĐƚŝŶĐŽŵĞ͟ŽƌŵŽŶĞLJƚŚĞ athletes receive for their personal and independent use. Outside the Olympic period, in Bulgaria, before signing an individual agreement with an athlete, the Bulgarian Light Athletics Federation (BLAF) enters into a general contract with the Ministry of Youth and Sport (MYS) for receiving targeted funding for Olympic preparation in implementation of project to that end submitted by BLAF and approved by the MYS. Although it is project-related but in reality, the federation completes standard forms indicating the amounts they need. Then, the BLAF enters into individual agreements with the particular athletes, providing the concrete amounts and the purposes for which they must be spent ʹ trainings, recuperation, equipment, monthly allowances and the like. The said individual agreements are valid for one year, which usually coincides with the calendar year. Regarding the conditions the athlete must fulfil we must say that the BLAF explains in the project application to the MYS the anticipated results, for example the perspectives for their athletes of winning medals or achieving good ranking at the next Olympic Games. And on the basis of the results achieved during the previous Olympic period the MYS grants the requested funding in full or partially. Then, the BLAF has the discretion to which particular athletes to provide funding in order to achieve the anticipated results based on their development and previous results. During the period of the Olympic Games or an international sporting event the same individual agreement for Olympic preparation (the contract outside the Olympic period) is signed every year for the respective calendar year and is valid also during the period of the Olympic Games or an international sporting event. Pursuant to such agreement the athlete is obliged to participate in all competitions included in the International Sports Calendar of the athletics federation for the respective year and if there are Olympic Games in that year they are included in the said calendar. Therefore, no separate other agreements are signed only for the participation in such events. The money athletes receive is a monthly allowance payable by the federation in performance of project for preparation financed by the budget of the Ministry of Youth and Sport. The source of the allowance is the budget of the Ministry and the actual payer to the athlete is the NAF. It is always project based and individual athletes cannot apply directly. An one-time allowance payment scheme also exists. Regarding the funding policy/scheme and the potential requirements an athlete must fulfil we must say that pursuant to the Law on Sport, financial support with public funds is granted on the basis of a contract with the respective sports federation, accompanied by a financial plan for the amount of the funds for the activities to be supported. Participation in sporting events and competitions in Bulgaria and abroad and training and recuperation of athletes are activities eligible for financing with public funds. The particular procedure for granting financial support is specified in a decree issued by the Minister of Youth and Sport. The project application must contain, inter alia, the anticipated results from 166 the realization of the project, financial plan with reasons for the amount of the requested funds and the amount of the own funding. The Minister of Youth and Sport designates commissions for evaluation of the projects. The commissions make proposals with reasons to the Minister for approval or not of each individual project and for the amount of the funds to be granted. The minister issues an order, by which it approves and finances fully or partially the proposed project or does not approve it and refuse the requested funds. As evident from the above-described procedure, the particular amounts of the allowances granted to the athletes are not fixed in advance and they are specified under each individual project. In Romania, there are contracts with the NAF only for the athletes who are part of National Centres of Excellence or from Olympic Centres. Both, National Centres of Excellence and Olympic Centres are structures without legal personality. National Centres of Excellence are established by Order of the Ministry of Sport. National Centres of Excellence are under the coordination of Ministry of Sport and are established upon a cooperation among various entities like local authorities, Ministry of Sport, Ministry of Education, National Sport Federations. Each of these legal entities contributes with a different item to the establishment of a centre. E.g., the local authority contributes with infrastructure (sport hall, stadium, etc) and payment of salaries of coaches, doctors, while the Ministry contributes with equipment and the National Federation contributes with trainers/coaches. The Olympic Centres are under the coordination of NOC, which provides all its necessary for functioning of such a centre. Various criteria exist: age, value of an athlete, if the athlete is registered to a club or is a member of national teams. The NAF, like in Bulgaria, pays to its athletes the sport allowances. The amount is fixed by the Governmental Decision which sets up the minimum and maximum standard.39 In Slovenia, there are contracts as four-party agreements (between Athletic Federation, club, athlete, athlete's coach). The contract consists of the following: purpose of contract, obligations of all the parties, the possibility of changed circumstances and termination of the contract and settlement of disputes. The only criteria are results from the last season and depending on the quality of the result, a different substance of the contract is concluded. There are four different levels and consequently four different amounts. In total there are 41 athletes in a contractual relationship with the NAF in Slovenia. The annual contract is signed every year, regardless of whether it is the Olympic or non-Olympic year. When participating in the Olympic Games, the Olympic candidates have contracts with the NOC like in other countries. The substance of the contracts signed with the NAF is very specific depending on different categories of athletes. Money is paid as monthly allowance. Under the contracts Slovenian Athletic Federation is obliged to pay monthly allowance to the athletes in 4 different categories. In top category ;ϱĂƚŚůĞƚĞƐͿĂƚŚůĞƚĞƐƌĞĐĞŝǀĞΦϵϭϳ͕ϬϬŵŽŶƚŚůLJ͕ŝŶdŽƉƐĞůĞĐƚŝŽŶ;ϳĂƚŚůĞƚĞƐͿĂƚŚůĞƚĞƐƌĞĐĞŝǀĞΦϱϬϬ͕ϬϬ͕ 39 Governmental Decision nr. 1.447 from 28 November 2007 the approval of Financial norms regarding sport activities published in Official Gazette nr. 823 din 3 December 2007 167 ŝŶ/ŶƚĞƌŶĂƚŝŽŶĂůƐĞůĞĐƚŝŽŶ;ϭϱĂƚŚůĞƚĞƐͿĂƚŚůĞƚĞƐƌĞĐĞŝǀĞΦϭϲϳ͕ϬϬŵŽŶƚŚůLJĂŶĚŝŶdŽp youth selection (14 ĂƚŚůĞƚĞƐͿĂƚŚůĞƚĞƐƌĞĐĞŝǀĞΦϭϬϰ͕ϬϬŵŽŶƚŚůLJ The Amateur Athletic Association (AAA) in Cyprus does not have the financial capacity to actively and effectively financially assist athletes since its funding mostly comes from the CSO. Nevertheless, the AAA have in place an annual plan to motivate athletes. This plan is based on a point system where athletes, both male and female, are awarded points depending on the competition and their achievement. The first 30 athletes receive financial ĂƐƐŝƐƚĂŶĐĞ ƌĂŶŐŝŶŐ ĨƌŽŵΦϮϳ͘ϬϬϬ ĨŽƌ ƚŚĞϭst ƉůĂĐĞ ƚŽΦϯ͘ϬϬϬ ĨŽƌ ƚŚĞ 30th ƉůĂĐĞ͘/ŶƚŽƚĂů͕ƚŚĞƐĞϯϬĂƚŚůĞƚĞƐƌĞĐĞŝǀĞĂƚŽƚĂůĂŵŽƵŶƚŽĨΦϮϱϴ͘ϬϬϬ͘ƉĂƌƚĨƌŽŵƚŚĞƐĞϯϬĂƚŚůĞƚĞƐ͕ in case an athlete who is not included in the top 30 of the plan achieves one the first place of a track sport in the National Competitions, he/she is also entitled to financial assistance, the amount of which is in the discretion of the AAA. Figure 6.3: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from the National Athletics Federations of the South-eastern European region. tŚĞŶƚŽĂĚĚŝƚŝŽŶĂů ĨƵŶĚŝŶŐ ;͞ŝŶĚŝƌĞĐƚ ŝŶĐŽŵĞ͟ͿĂŶĚŽƚŚĞƌďĞŶĞĨŝƚƐ ;ŵĂƚĞƌŝĂůŐŽŽĚƐͿ that support the sporting career of athletes (e.g., expenses payments, equipment, accommodation, transportation), we must note that in all countries we see that athletes enjoy almost the same rights. We may say that there is no country which differs significantly and that in all countries, athletes enjoy the right to sports equipment, travel costs, and accommodation costs being covered during competitions, as well as their ĐŽĂĐŚĞƐ͛ĐŽƐƚƐĂŶĚĐŽƐƚƐŽĨǀŝƚĂŵŝŶƐƵƉƉůLJĞƚĐ͘ďĞŝŶŐƉĂŝĚ͘dŽĐŽŶĐůƵĚĞ͕ǁĞŵƵƐƚĂůƐŽ say that there are no policies, regulations or contract provisions which restrict the athlete from pursuing additional work in all six countries. 168 6.6. The Role of Public Authorities Without a Generic Focus on Elite Sport Regarding the contractual relationship between athletes and public authorities/entities or state agencies we may generally conclude that those public authorities/entities are mostly ministries of interior, defence or some other ministry which could employ the athletes. In Bulgaria, elite athletes in sports such as shooting, boxing, wrestling, light athletics, and swimming have employment as state officers with the Ministry of Interior under standard employment agreements. The particular content of the contracts is not available. One famous Bulgarian professional athlete was recently produced to lieutenant from the reserve of the armed forces. In Croatia, athletes in individual sports (currently 50 athletes) and the Ministry of Defence conclude a contract based on an Agreement on cooperation and development between the Ministry and the NOC of Croatia. The list of athletes is being updated every year according to results but the complete update is done after the Olmypic games. The contract is based on the status of civil servants but is a status of reserves in the armed forces. Athletes receive salaries under the labour contracts which they sign with the respective ministry. Athletes employed by the Ministry have formal obligations to fulfil their sport programmes of preparations and competitions. Furthermore, they have obligations to be in the contact and report to their employers, to wear clothes with logos and also attend some happenings organised by ministries. The governments also pay for achievements (medals) at the World and European championships. Expense payments, equipment and accommodation and transportation for training and the participation in competitions is covered by the ministry. Furthermore, the state is financing national sport federations and the local authorities are also financing sport clubs so that athletes indirectly have benefits for their preparation programme. In Romania, athletes enter into a contractual relationship with the Ministry of Defence, Ministry of Interior and Ministry of Transport. Athletes have the right to allowances and bonuses for national and international championships and bonuses for fulfilling the objective according to the Sport Activity Contract. In addition, athletes receive expenses payment, equipment, accommodation and transportation for training for participation at national championships. In Slovenia, an athlete and a certain ministry - Ministry of Interior (Police), Ministry of Finance (Customs) and Ministry of Defence - conclude a contract based on labour law for a limited time (1 or 2 years). An athlete has to be recognised by the criteria as a »elite athlete« or as an Olympic candidate. He must also be chosen by the State's employment coordination commission since the quota is limited. The income athletes receive is a regular salary under a labour contract. Athletes are also eligible to receive medal bonuses. The state, again, also plays a role in financing NSFs and sport clubs. Similar obligations as in Croatia exist for athletes employed by public authorities in Slovenia. 169 Figure 6.4: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from public authorities without a generic focus on elite sport of the South-eastern European region. 6.7. The Role of Specific Elite Sport Organisations The General Secretariat of Sports (G.S.S.) in Greece, as a Specific Elite Sport Organisation, has a goal to cultivate, disseminate but also the consolidate of the sports spirit in society. It also aims to safeguard the values of Olympism and to promote the Olympic Spirit. The G.S.S. is responsible for the administration and organization of all sports facilities and services, so that there is efficiency and effectiveness. It is the body that supervises and controls all kinds of legal entities in the field of sports, in accordance with the provisions that apply on the Sports Policy program. The state intervention in sports is expressed and implemented through the General Secretariat of Sports. A large part of the functions of the federations, ranging from the electoral systems and their budgets, to the disciplinary institutions and the formal operation of the clubs, are controlled and approved by the G.S.S. In Cyprus, the Cyprus Sports Organization has implemented a program which awards athletes according ƚŽƚŚĞŝƌĂŶŶƵĂůĂĐŚŝĞǀĞŵĞŶƚƐ͘ĞƉĞŶĚŝŶŐŽŶĞĂĐŚĂƚŚůĞƚĞ͛Ɛ achievements and the association with which she/he is registered, she/he might be entitled to a certain amount of money. The payments are not the result of any collective negotiations since it is up to the sole discretion of the Cyprus Sports Organization. However, the criteria of the award scheme are publicly available and determine the conditions under ǁŚŝĐŚĂƚŚůĞƚĞƐĂƌĞĞůŝŐŝďůĞĨŽƌďŽŶƵƐƐĞƐŽĨƵƉƚŽΦϭϱϬ͘ϬϬϬĨŽƌĂŶKůLJŵƉŝĐŐŽůĚŵĞĚĂů͘ Although, no specific elite sport organisation exists in Bulgaria, we find it interesting to note that the funding explained in section 5 is fully provided by the Ministry of Youth and Sport. It can be spent for life-long monthly bonuses, monthly cash allowances and one-time cash allowances payable to athletes as provided in article 134 of the Law on Sport. Pursuant to article 134 of the Law on Sport funds from the budget of the Ministry of Youth and Sport shall be used to award, inter alia, prizes to athletes, 170 medallists and prize winners from European and world championships, Olympic Games and similar games and leagues for people with disabilities. Figure 6.5: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from specific elite sport organisations of the South-eastern European region. 6.8. Sponsorship, Self-Marketing and Additional Work In case of sponsoring only in Romania there is an actor that offers standard/model contracts as a service which athletes might use for sponsorship deals and it is the NOC of Romania. Regarding case-law on issues which arose form a sponsorship contract, there was only one case in Greece where the No 1110/2015 judgement of the Court of First Instance of Athens ruled on a case between an athlete who failed to pass his doping control tests and his sponsor. Their contract stipulated that, in case of doping control failure, the athlete was obliged to return the sponsorship retroactively. The sponsor, which was a private enterprise, had a contractual agreement with the elite athlete, stipulating that, the athlete would advertise its products, and as a return the sponsor would provide bonuses, in case of certain sports achievements. The agreement included a penalty clause, which stipulated that, in case the athlete was proven to have used prohibited substances, he would have to return the sum of the amounts received by the sponsor, retroactively. Two years after the agreements was concluded, and after the athlete was awarded with bonuses, he failed a dope control test, and he was punished by the disciplinary body of the Federation with a two-year suspension from sports activity. The athlete refused to return the amounts he received, on several grounds, the most important of which was that the dope control ƚĞƐƚǁĂƐŶŽƚĚŽŶĞĂĐĐŽƌĚŝŶŐƚŽƚŚĞĚƵĞƉƌŽĐĞĚƵƌĞ͘dŚĞĐŽƵƌƚƌĞũĞĐƚĞĚƚŚĞĂƚŚůĞƚĞ͛ƐĂƌŐƵŵĞŶƚƐĂŶĚƌƵůĞĚ in favor of the sponsor, ordering the return of the sponsorship amounts to the sponsor. Marketing and commercial opportunities are an important sector for athletes. Speaking about the incentives for self-marketing and commercial opportunities in Greece, the NOC is very active in providing 171 its network in order to bring together athletes and private sponsors who are interested in supporting ƚŚĞŵ͘dŚĞŵŽƐƚƉƌŽŵŝŶĞŶƚĞdžĂŵƉůĞŝƐƚŚĞĂĐƚŝŽŶĐĂůůĞĚ͞ ĚŽƉƚĂŶƚŚůĞƚĞ͘͟dŚĞƌĞŝƐŶŽĨŽƌŵĂůƉƌŽĐĞĚƵƌĞ for the action, or standard contract. The sponsor and the athlete arrange their contractual relationship independently and according to their interests. In Slovenia, the NOC has a programme to educate athletes how to make a self-brand and also connects athletes with NOC sponsors. Regarding the restrictions on self-marketing and commercial opportunities we note that they are stipulated through regulations of all the NOCs by virtue of the IOC Rule 40. Furthermore, in all countries the NOC is authorized by virtue of the bye-law to Rules 27 and 28 of the Olympic Charter to have the sole and exclusive authority to prescribe and determine the clothing and uniforms to be worn, and the equipment to be used, by the members of their delegations on the occasion of the Olympic Games and in connection with all sports competitions and ceremonies related thereto. This power of the NOC may be qualified as a restriction to certain commercial opportunities that would be otherwise available to the athletes. However, in Bulgaria the NOC rules allow the athlete to use their own clothing and/or sporting equipment during the competitions at the Olympic Games, which reveals the option for them to receive such clothing and equipment on the basis of other commercial arrangements. Speaking about special rules for the NAF we must highlight that in Bulgaria the NAF includes a provision in the contracts with its athletes, obliging them to wear specific kind of equipment at the official championships and thus limiting the commercial option for the athletes to advertise potential sponsors at such championships. In Croatia and Slovenia, the NOC has established a certain policy for candidates for the Olympic Games to avoid the conflicts between NOC sponsors and the sponsors of NF and athletes. In the contracts signed in the period of the preparations for the Olympic Games, the NOCs checks the situation with the sponsors of the National Federation or athletes as the principle of the exclusivity of sponsors is the foundation of sponsorship contracts within the Olympic family. In Slovenia, commercial opportunities for athletes are furthermore regulated in the contracts with the national athletic federation and depend on the level and type of the contracts. In Romania, there are also specific rules determined by the NAF Regulations. The rules refer to certain standards of performance of an athlete. Based on the specific rules an athlete is included in various categories of performance. Furthermore, in all countries we cannot find any policies, regulations or contract provisions which restrict the athlete from pursuing additional work. 172 6.9. Occupational Safety and Health Regarding the specific national laws or court decisions on health and safety provisions for athletes, we find such only in Romania. Health and safety provisions are encompassed in Law nr. 69 din 28 April 2000 of physical education and sport (art. 54 and subseq) and by the National Institute for Sport Medicine as a public authority under the Ministry of Health. Art 57 of Law nr. 69 din 28 April 2000 of physical education and sport set up the national framework for medical control and medical assistance for athletes. According to the art. 57, the technical norms for medical control and medical assistance for athletes are drafted jointly by Ministry of Sport and Ministry of Health. According to art. 57, para 2 Ministry of Health is responsible to realize medical control and medical assistance through National Institute for Sport Medicine for national and Olympic teams. During the Olympic Games the health and safety obligations fall under the NOC and organizers. Outside Olympic Games the obligations fall under clubs, NOC and organizers of the competition, depending on the contract of the athletes according to Law nr. 69 din 28 April 2000 of physical education and sport and the law encompass all the provisions set in the table infra. In all other countries the general law applies to athletes. In Bulgaria, the Law on Sports provides for mandatory inclusion of provisions for insurance policies and ŵĞĚŝĐĂůŝŶƐƵƌĂŶĐĞŝŶƚŚĞĂŵĂƚĞƵƌĂŶĚƉƌŽĨĞƐƐŝŽŶĂůĂƚŚůĞƚĞƐ͛ĐŽŶƚƌĂĐƚƐǁŝƚŚƚŚĞŝƌĐůƵďƐ͘dŚĞĐŽŶƚƌĂĐƚƐŽĨ professional athletes must also contain conditions for their health and social insurance. Even in cases where no contract is signed between an athlete and a club, the athlete is entitled to the mandatory insurance policies and medical insurance, which are necessary for participation in training and competition activity. The Law on Sport further obliges the sports federations to adopt rules regarding the mandatory insurance policies of the amateur and professional athletes practicing the respective type of sport. As a matter of fact, many individual agreements between federations and athletes also contain obligations of such federations to provide insurance policies and medical insurance for the athletes although this obligation does not arise directly from the law. Apart from the above special provisions concerning the health and safety of athletes the general Law on the Healthy and Safe Conditions at Work is applicable to all places, where work is provided. This means that it will apply also with respect to the sports facilities where training and competition activity is exercised. Also, the said law is applicable to the persons who are working alone on their account. Such persons are obliged to provide healthy and safe conditions at work in all cases, related to the work and not only with regard to the working persons but, also, regarding all other persons that might be in or near the working place on whatever occasion. Working person in the context of the Law on the Healthy and Safe Conditions at Work could be also a person, who is self-employed. The requirements of the law with regard to the working equipment that must not threaten the health and the safety of the working persons will be definitely applicable to the sports equipment at sports facilities. 173 Pursuant to the individual agreements between the Bulgarian NAF and the athletes, the NAF requires the athletes to attend at specific time and venues the training camps and the competitions of the national team. In this respect, the NAF will be responsible for the provision of healthy and safe conditions at work during the camps and the competitions. Regarding the safety of the sports equipment used at sports facilities and the safety of such facilities themselves such responsibility could be sought by the respective owner of the facility. The NAF will be responsible for providing occupational safety protections rights to the athletes who are members of the national team. The other athletes must be insured against accidents at work and receive full medical insurance by their clubs, whose obligation shall arise from the law in the cases where the particular contract between an athlete and a club does not contain such provision. Other actors do not play a role in ensuring occupational safety and health of athletes in Bulgaria. In Cyprus, the health and safety of athletes, as well as of every individual, is regulated by the ordinary Tort Law (Cap 148). The owner and/or the person who is in possession of a gym might be held liable for the damages incurred to an athlete following an injury in a game or training, if the court decides that the injury was sustained due to a breach of duty of the gym owner / occupant. For example, if some training equipment is defective and as a consequence an athlete is injured whilst using that defective equipment, the owner of the gym or the person in possession of it will be ordered by the court to compensate the ĂƚŚůĞƚĞ͛ƐĚĂŵĂŐĞƐĂŶĚŝŶũƵƌŝĞƐ͘tŚĂƚŝƐŵŽƌĞ͕ŝĨĂŶĚǁŚĞŶĂŶĂƚŚůĞƚĞŝƐĂŶĞŵƉůŽLJĞĞ͕ƚŚĞ> ĂǁŽŶ^ĂĨĞƚLJ and Health in Work (89(I)/1996 might be applicable. However, in order for this law to be applicable, the athlete will first need to prove that his injury was the result of a breach of duty or a negligent act of his employer. If the athlete simply had an injury whilst competing or training, and that injury was not the result of a breach of duty or a negligent act of the employer, but only an injury which came up in the ordinary course of the game or training, this law will not apply since the injury was not the result of breach of duty or negligence of the employer. According to the national legislation, every person involved in sports first needs to be certified by the NAF as being medically (physically) fit to compete. All athletes of all sports need to submit certain medical examinations to the federation and these results are examined by a specialised committee composed of ĚŽĐƚŽƌƐǁŚŽĞdžĂŵŝŶĞĞĂĐŚĂƚŚůĞƚĞ͛ƐƌĞƐƵůƚƐĂŶĚĂƵƚŚŽƌŝƐĞŚĞƌͬŚŝƐƉĂƌƚŝĐŝƉĂƚŝŽŶŝŶƐƉŽƌƚŝŶŐĐŽŵƉĞƚŝƚŝŽŶƐ in Cyprus. Moreover, other public authorities such as the Ministry of Health, through the General Healthcare System, provides medical support to athletes if they are registered as beneficiaries in the system. During the period of Olympic Games, the only entity which might be liable for the health and safety of athletes in Cyprus is the NOC. Especially if the games are abroad and the athletes travel to the games as a team under the guidance and supervision of the NOC. If, during such games, an athlete sustains an ŝŶũƵƌLJĂŶĚƉƌŽǀŝĚĞĚŝƚŝƐƉƌŽǀĞŶƚŚĂƚƚŚĂƚŝŶũƵƌLJǁĂƐƚŚĞƌĞƐƵůƚŽĨƚŚĞEK͛ƐďƌĞĂĐŚŽĨĚƵƚLJŽƌŶĞŐůŝŐĞnce, the NOC will then be held liable to compensate the athlete. The NAF does not have any direct 174 involvement in Olympic Games. For the period outside Olympic Games, the NOC will hardly be liable for ĂŶĂƚŚůĞƚĞ͛ƐŝŶũƵƌLJ͘dŚĞŽŶůLJƉŽƐƐŝďŝůŝƚLJĨŽƌƚŚŝƐƚŽŚĂppen is if the athlete was injured in a gym or using an equipment provided to him by the NOC and provided the court accepts that his injury was the result of a breach of duty or negligence by the NOC. For the same reason, in case of breach of duty or negliŐĞŶĐĞǁŚŝĐŚůĞĂĚƐƚŽĂŶĂƚŚůĞƚĞ͛ƐŝŶũƵƌLJƵƐŝŶŐĞƋƵŝƉŵĞŶƚŽƌŐƌŽƵŶĚƐƉƌŽǀŝĚĞĚďLJƚŚĞ^K͕ƚŚĞůĂƚƚĞƌ might be held liable. In Greece, there are applied the Art. 308 of the Greek Penal Code regarding bodily injuries, Art. 914 of the Greek Civil Law Code regĂƌĚŝŶŐĐŽŵƉĞŶƐĂƚŝŽŶ͕ƌƚ͘ϭϮϴȺŽĨĂĐƚEŽϮϱϮϳͬϭϵϵϵ;^ƉŽƌƚƐ> ĂǁͿƌĞŐĂƌĚŝŶŐ doping, Act No 3418/2005 regarding medical malpractice. There was even a Judgment (477/2004) of the preliminary board of Misdemeanour of Patras (367/2003 and 368/2003 of the Court of Misdemeanour of Patras) in which have rendered liability in case of the death of a boxer. The National Federation organized amateur boxing games, forming categories for the athletes, according to their body weight, and not their experience, as an additional criterion. As a result, a less experienced athlete boxed with an experienced one. The bout ended with the death of the less experienced athlete. The administration of the Federation, the referee of the game, and the boxer were charged with manslaughter, the first two for omission to act, although they had an obligation to do so by the law. The indictment for the Federation was based on failing to meet their obligation to categorize the games in a way that would keep the athletes safe. The referee was charged for not stopping the game on time, and the athlete for acting with negligence against his dead opponent. The administration of the Federation was acquitted, and both the referee and the boxer were convicted as charged. Besides, health and safety obligations ought to be observed by the professionals who are in charge of the training of the athletes and the sports events. Liability may range from coaches and doctors who attend the activities, to the administration of Federations, for omitting to take safety measures for the ĂƚŚůĞƚĞƐ͛ǁĞůů-being. The NOC provides health insurance for the Olympic athletes, and covers medical expenses in case of injury. The General Secretariat of Sports (Ministry) has announced that an act is to be adopted, which will oblige the federations to provide psychological support to athletes, something that was rarely done so far. In Croatia and Slovenia, the basis of the national health system is compulsory health insurance. But it does not cover all the services that the athletes need. The general national law is the Health Care and Health Insurance Act. While health and safety fall under the State's jurisdiction, the NOCs are providing some additional health benefits for all categorized athletes outside the Olympic Games period and during the Olympic Games period (accident insurance, mental health, prevention and medical check-ups). Some national sport federations and some clubs have contracts with health institutions where athletes can treat their medical issues. For the Olympic Games, the athletes are obliged to perform a preventive medical check-up. Besides that, all categorized athletes have the right for a yearly medical check-up. 175 In Croatia the medical tests are mandatory only for taking part in competitions and the Sports Act says that persons allowed to participate in sporting competitions are persons whose general health was good in the period of six months before the sporting competition, and, when so prescribed by the regulations passed by the Minister in charge of heaůƚŚǁŝƚŚƚŚĞDŝŶŝƐƚĞƌŝŶĐŚĂƌŐĞŽĨƐƉŽƌƚƐ͛ĂƉƉƌŽǀĂů͕ĂůƐŽĂƐƉĞĐŝĂů health ability is demanded, unless the provisions of the national sports federation determine a shorter period then six months. In Slovenia, the rights for health and medical service depend on the level of the athlete and are specified in the contracts which he signs with the NOC or national federations. The NOC has established a system with additional insurance, which ensures that the services are good and fast. Table 6.2: Occupational safety and health provisions for athletes in the South-eastern European region. Actor / Occupational safety and health provisions Accident insurance Mental health Physical health Prevention Safety policies Medical check-ups Access to medical facilities NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation * Statutory occupational safety and health provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. 176 6.10. Social Protection In this paragraph we will focus on the social protection of athletes. Speaking about the general provisions in Bulgaria (please see also supra under Occupational Safety and Health), in practice, all Olympic athletes including those exercising individual sports have concluded contracts with sports clubs because the existence of such contract is a mandatory condition precedent for the registration of any professional athlete as such and without such registration no athlete could obtain the right to compete in Bulgaria. There is an option under the Law on Sport for an amateur athlete to be registered on the basis of application only with no actual contract signed with a club, however, this option is unavailable for a professional athlete. In some sports athletes, who are national team members, conclude individual agreements not only with the respective federation but, also, with their club (e.g. tripartite agreements). Pursuant to such agreements the club undertakes (...) to provide conditions to the athlete to train outside the periods of the national team camps. Despite the absence of specification in the Law on Sport regarding the type of the contract concluded between an athlete and a club and the similar absence of court practice clarifying the type of the contract in case of individual sports, in reality, in most of the cases athletes are insured against health and social risks as employees working under employment agreements with sports clubs. Also, it should be noted that persons who pursue studies in higher schools do not pay social security contributions, which are for the account of the respective higher schools. Therefore, athletes who are studying at the National Sports Academy or other higher schools receive their health and social protection that way. In Cyprus, in order for a person, athlete or not, to be entitled to social protection, he/she either needs to be contributing to the social insurances fund as an employee or self-employed (service provider) or needs to be a family member of such a person. In Romania, there are numerous legal sources determining such a right, for instance Law nr. 69 din 28 April 2000 of physical education and sport in conjunction with general laws like Social health insurance Law 95/2006, Labour Code (Law nr. 53/2003), Unitary Public Pension System Law nr. 263 from 16 December 2010, Law nr. 76 from 16 January 2002 regarding insurance system for unemployment and Law Nr. 292/2011 from 20 December 2011 regarding social assistance. In Croatia and Slovenia that will be only in the case athletes conclude an employment contract or in cases of their self-employment. In all countries, we may say public authorities and entities of the State such as Social Security Services and Ministry of Health through the General Healthcare System are providing retirement schemes and medical healthcare to persons registered as beneficiaries, and of course those rules apply to athletes in case they enjoy the labour law status in any case. 177 In Greece, health care is provided for national team athletes by the Federation. Athletes that are in pursuit of qualification to the Olympics, and athletes that have qualified, are offered health care by the NOC. In Croatia, Slovenia and Rumania, athletes who are employed by ministries are entitled to all the rights and benefits of the employees in public sector. But here we must note that In Croatia athletes who have the status of reserves in the military sector within the Ministry of Defence do not enjoy health insurance since they are in the reserves status. Additionally, in Slovenia, the NOC has established a system of special health insurance and health care for elite Olympic athletes and helps retired athletes to find employment in the family of NOC sponsors. Table 6.3: Social protection provisions for athletes in the South-eastern European region. Actor / Social protections Pension / Retirement scheme Occupational disability protection health care Maternity protection / parental leave benefits Unemployment assistance NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation * Statutory occupational safety and health provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. Speaking about any cases of a public debate about precarious/risky social conditions of (former) athletes in Olympic sports we must highlight that in Greece there have been complaints by athletes against federations for insufficient physical health care and lack of mental health support within the national teams. Just opposite to that, according to the Sports Act, the Government in Croatia gives a Permanent Monthly Monetary Compensation to winners of Olympic, Paralympic and Deaf Olympic Games medals (100% of the average net salary for winning a gold medal, 80% for a silver Olympic medal or gold medal at a world senior championship in Olympic sports and 60% for a bronze Olympic medal or silver medal 178 at a world senior championship in Olympic sports. Finally, 40% of the average net salary is awarded to winners of a bronze medal at the world senior championships in Olympic sports). One of the conditions is that a person is older than 45 years of age. There is a debate that even coaches should receive such a compensation and often in the media there are criticisms that top players who earned millions in sports receive such compensations which they financially do not need. 6.11. Participation and Bargaining ůƚŚŽƵŐŚĂƚŚůĞƚĞƐ͛ƉĂƌƚŝĐŝƉĂƚŝŽŶŝŶƚŚĞĚĞĐŝƐŝŽŶ-making process has become more and more important and supported by the IOC for instance, we must say that there are no real organisations, from the trade union law point of view in all the countries, except in Slovenia where we do find the Slovenian Athletes hŶŝŽŶ;^ŝŶŝĚŬĂƚƓƉŽƌƚŶŝŬŽǀ^ůŽǀĞŶŝũĞͿǁŚŝĐŚŝƐĂŶŝŵƉŽƌƚĂŶƚƐƚĂŬĞŚŽůĚĞƌƌĞƉƌĞƐĞŶƚŝŶŐĂƚŚůĞƚĞƐŝŶŐĞŶĞƌĂů in Slovenia and abroad and which has a legal form of a trade union according to Slovenian law. We may say that obviously one of the reasons is that we lack the labour law status of athletes in those countries. Since the numbers of athletes with a labour law status is very low or not present at all, the general state act rules on trade unions with for example the minimum of 15 employees (Romania) or 10 employees (Croatia) is an impossible target. Collective bargaining agreements exist in none of the countries. In all ĐŽƵŶƚƌŝĞƐ͕ŚŽǁĞǀĞƌ͕ǁĞĨŝŶĚƚŚĞƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶĂƐĂƐƉĞĐŝĨŝĐďŽĚLJǁŝƚŚŝŶƚŚĞEKƐ͕together with ĂƚŚůĞƚĞƐ͛ƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐŝŶƚŚĞƐƐĞŵďůLJ;Croatia, Cyprus, Greece, Romania, Slovenia), Executive board (Bulgaria, Croatia, Cyprus, Slovenia) or other bodies such as Ethics Commission (RomaniaͿ͕ĂŶĚƚŚůĞƚĞƐ͛ Awards Bodies (Croatia). In Bulgaria there is Athletes͛ Commission with the NOC established in compliance with the guidelines ŐŝǀĞŶďLJƚŚĞ/K͘dŚĞEK͛Ɛ^ƚĂƚƵƚĞƐĚĞƚĞƌŵŝŶĞƐƚŚĞŽŵŵŝƐƐŝŽŶĂƐĂŶĂŶĐŝůůĂƌLJďŽĚLJŽĨƚŚĞEK͘ƚ least two athletes, chosen by the Commission among the athletes who participated in at least one of the last three Olympic Games become members of the NOC. As members of the NOC such athletes can ƉĂƌƚŝĐŝƉĂƚĞ ŝŶ ƚŚĞ EK͛Ɛ ĂĐƚŝǀŝƚŝĞƐ ĂŶĚ ŝŶ ƚŚĞŝƌ ŐŽǀĞƌŶŝŶŐ ďŽĚŝĞƐ͕ ƌĂŝƐĞ ŝƐƐƵĞƐ ĨŽƌ ƌĞƐŽůƵƚŝŽŶ ďLJ ƚŚĞ ĐŽŵƉĞƚĞŶƚ K͛Ɛ ďŽĚŝĞƐ͕ ƌĞĐĞŝǀĞ ŝŶĨŽƌŵĂƚŝŽŶ ƌĞŐĂƌĚŝŶŐ ƚŚĞ EK͛Ɛ ĂĐƚŝǀŝƚLJ ĂŶĚ ĚĞĐŝƐŝŽŶƐ͕ ĂƐŬ ĨŽƌ ĞdžƉůĂŶĂƚŝŽŶƐĨƌŽŵƚŚĞEK͛ƐďŽĚŝĞƐŝŶĐĂƐĞŽĨŶŽŶ-ƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚĞĚĞĐŝƐŝŽŶƐƚĂŬĞŶĞƚĐ͘dŚĞƚŚůĞƚĞƐ͛ ŽŵŵŝƐƐŝŽŶĐŚŽŽƐĞƐŽŶĞĂƚŚůĞƚĞƐ͛ƌĞƉƌĞƐĞŶƚĂƚŝǀĞĂƐĂŵĞŵďĞƌŽĨƚŚĞdžĞĐƵƚŝǀĞƵƌĞĂƵŽĨƚŚĞEK͘ In Croatia there is also the Athletes Commission (6 representatives from Summer Olympic sports, 2 from Winter Olympic sports and 2 of non-Olympic sports). Athletes representatives are also members of different commissions which decide on questions about athleƚĞƐ͛ƐƚĂƚƵƐŽƌĂǁĂƌĚƐ͘ůƐŽ͕ƚŚĞƌĞĞdžŝƐƚƚŚĞ ƌŽĂƚŝĂŶKůLJŵƉŝĐƚŚůĞƚĞƐ͛ůƵďǁŚŝĐŚŚĂǀĞƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐŝŶƚŚĞEKďŽĚŝĞƐ;ƚŚĞƐƐĞŵďůLJĂŶĚƚŚĞ Council). 179 In Cyprus ĨŽůůŽǁŝŶŐ Ă ƐƵŐŐĞƐƚŝŽŶ ďLJ ƚŚĞ /K͕ ĂŶ ĂƚŚůĞƚĞƐ͛ ĐŽŵŵŝƐƐŝŽŶ ǁĂƐ ŝŵƉůĞŵĞŶƚĞĚ͘ dŚŝƐ commission͛ƐƚĂƐŬŝƐƚŽƌĞƉƌĞƐĞŶƚƚŚĞĂƚŚůĞƚĞƐ͘dŚĞƚŚůĞƚĞƐŽŵŵŝƚƚĞĞŝƐƌĞƉƌĞƐĞŶƚĞĚŝŶƚŚĞ'ĞŶĞƌĂů Assembly of the NCO and two of its members have the right to vote in the General Electoral Assemblies. In addition, a member of the committee participates in the Executive Board of the NOC. In Romania there is also the Athletes Commission, but the athletes have representatives in various working groups, in Ethics Commission, General Assembly and Executive Committee of the NOC. In Slovenia ƚŽŐĞƚŚĞƌ ǁŝƚŚ ƚŚĞ ƚŚůĞƚĞƐ͛ Commission representatives of the athletes are members of General Assembly, Executive board and NOC's working bodies. In case of the Athletics Federation only in Greece and Slovenia athletes have their body (a commission) which represents their interests. In Croatia at the last Assembly there was taken the decision to forms such a commission. In Croatia there is a specific association of Olympic athletes called the Croatian Olympians Club which have representatives in the NOC bodies (the Assembly and the Council) and an association called Croatian association of professional Athletes which also has some incentives in the fight for better athletes͛ status but do not have a legal form of a trade union. 6.12. Specificities, Current Conflicts and Issues In dealing with the issue of conflicts on various levels we must say that there was an interesting case in volleyball in Bulgaria (please see supra in Section 3. Legal Status of Athletes in Olympic Sports). Regarding the public debates about conflicts/disagreements between athletes (individually or collectively) and a NOC, the national athletics federation, any public authority/entity/state agency or specific national elite sport organisations that have arisen in the last five years, we must note that in Cyprus from time to time, very rarely, there might come up complaints from athletes against their associations, the CSO and the NOC. These complaints are mostly demanding for better financial support of athletes. In Greece, at the beginning of 2021, there was a massive outbreak of major conflicts between athletes and federations, for abuse of power, sexual abuse of athletes, illegal violence against them, and squandering of funds. Also, athletes have made accusations of sexual abuse in the sports environment. It is argued that the long-term office of administrations has nurtured corruption. Some tenths Elite athletes have reported publicly names and incidents. The cases are being under investigation by the competent authorities. There have also been complaints by athletes against Federations for insufficient physical health care and lack of mental health support within the national teams in Greece. 180 In Slovenia, the NOC has identified that former Olympic athletes need attention and with the support of Sport Ministry found some status rights for the athletes from which they can benefit. In Slovenia there exists a Career Centre within the NOC for two years already and the same was recently formed also in Croatia. The head of the Career Centre in Croatia is the former bronze medallist in shooting at the 2008 ĞũŝŶŐ'ĂŵĞƐ^ŶũĞǎĂŶĂWĞũēŝđ͘DĂLJďĞƚŚĞďĞƐƚƐƚĂƚƵƐƚŽĨŽƌŵĞƌĂƚŚůĞƚĞƐŝƐŐŝǀĞŶŝŶCroatia. According to the Sports Act, the Government in Croatia gives a Permanent Monthly Monetary Compensation to winners of Olympic, Paralympic and Deaf Olympic Games. One of the conditions is that a person is older than 45 years of age (see supra section 10). There is a debate that even coaches should receive such a compensation and often in the media there are criticisms that top players who earned millions in sports receive such compensations which they financially do not need. Furthermore, in Croatia there exists the &ŽƵŶĚĂƚŝŽŶƌŽĂƚŝĂŶĂƚŚůĞƚĞƐ;ĂŬůĂĚĂŚƌǀĂƚƐŬŝƐƉŽƌƚĂƓŝͿǁŚŝĐŚŚĞůƉƐƌŽĂƚŝan athletes and coaches in needs. It was founded by the NOC of Croatia, the Croatian Olympians Club and the only sports newspapers Sportske Novosti. 181 Literature Chapter 6 Croatian Olympians Club (2021), availabe online at: < https://www.olimpijci.hr/club> Greek Case-Law (2015): No 1110/2015 judgment of the Court of First Instance of Athens, available online at: Greek Case-Law (2004) The 477/2004 judgment of the preliminary board of Misdemeanor of Patras, and 367/2003 - 368/2003 of the Court of Misdemeanor of Patras judgment, in POINIKI DIKAIOSINI (2005), p. 404. ͕͘> ŽŝnjŽƵ͕ŚƌŝƐƚŝŶĂ;ϮϬϭϯͿ͚LJƉƌƵƐ͛͘/Ŷ

93)*78&3).3, 8-**2514=2*387*1&8.43 4+&8-1*8*.341=25.(5478 .3*9745* /ÇVKIR2MXXEK2E\MQMPMERIPXQERR1SVIR^+MIKI 1IERRI41IEV] 5E[IP> IQFYVE 1YM^-EEW8LMEKSERXSW :ERNEQSOZMRE +&(87*5478 .RXIVMQ:IVWMSR &TVMP Understanding the Employment Relations of Athletes in Olympic Sports in Europe (Fact Report) Authors Jürgen Mittag (German Sport University Cologne, Germany) Maximilian Seltmann (German Sport University Cologne, Germany) Lorenz Fiege (German Sport University Cologne, Germany) Leanne O'Leary (Edge Hill University, UK) Pawel Zembura (Institute for Sport Governance, Poland) Luiz Haas (Universidade Europeia, Portugal) Thiago Santos (Universidade Europeia, Portugal) Vanja Smokvina (University of Rijeka, Faculty of Law, Croatia) Rijeka, 2022 UNIVERSITY OF RIJEKA, FACULTY OF LAW Sports Law, Sports Policies and Sports Diplomacy Centre & European Documentation Centre Rijeka Understanding the Employment Relations of Athletes in Olympic Sports in Europe (Fact Report) Published by hŶŝǀĞƌƐŝƚLJŽĨZŝũĞŬĂ͕&ĂĐƵůƚLJŽĨ> Ăǁ͕,ĂŚůŝđϲ HR-51000 Rijeka, Croatia For the Publisher WƌŽĨĞƐƐŽƌsĞƐŶĂƌŶŝđ-'ƌŽƚŝđ͕ĞĂŶ Published: April 2022 ISBN (e-book): 978-953-8034-42-8 This project has been funded with support from the European Commission. This publication reflects the views only of the authors (the research team) and the Commission cannot be held responsible for any use which may be made of the information contained therein. © 2022. Authors are indicated in this book. Copying is permitted only for non-commercial purposes provided that the source is cited. Authors are responsible for the report or part of the report and the publisher assumes no liability for any use of the contents or violations of third-party rights. This book is published within the Erasmus +, Sport ʹ ŽůůĂďŽƌĂƚŝǀĞWĂƌƚŶĞƌƐŚŝƉWƌŽũĞĐƚ͞Understanding, Evaluating, and Improving Good Governance in the Employment Relations of Athletes in Olympic Sports in Europe ʹ EMPLOYS͟, No. 622796-EPP-1-2020-1-DE-SPO-SCP, in the English language and available for downloading at the Project website https://www.dshs-koeln.de/iesf/employs. 1 Table of Contents 0. Executive Summary Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege ......................................... 8 0.1. Preface and Approach of the Study .......................................................................................... 8 0.2. Key Findings .............................................................................................................................. 9 0.2.1. Multi-layered Influencing Factors .................................................................................. 9 0.2.2. Legal Status of Athletes in Olympic Sports in Europe ................................................... 10 0.2.3. Contractual Relationships and Income......................................................................... 11 0.2.4. Sponsorship, Self-Marketing and Additional Work ...................................................... 12 0.2.5. Occupational Safety and Health and Social Protection ................................................ 13 0.2.6. Participation and Bargaining ........................................................................................ 14 0.3. Analytical Perspectives and Outlook ...................................................................................... 16 1. Introduction Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege .................................................. 18 1.1. Rationale, Background and Relevance of the Topic ............................................................... 18 1.2. The EMPLOYS Project ............................................................................................................. 20 1.2.1. Project Goals and Target Groups ................................................................................. 21 1.2.2. Project Team and Project Methodology ...................................................................... 22 1.2.3. Events, Deliverables and Intended Outcomes ............................................................. 24 1.3. Concepts, Methodology and Structure of the Study .............................................................. 25 1.3.1. Employment Relations of Athletes in Olympic Sport ................................................... 25 1.3.2. Good Governance ........................................................................................................ 26 1.3.3. Methodology ................................................................................................................ 28 1.4. Introduction to the Regional Summaries................................................................................ 32 Literature Chapter 1 .......................................................................................................................... 37 2. Northern Europe > ĞĂŶŶĞK͛> ĞĂƌLJ .................................................................................................. 40 2.1. Background: National Sport Systems ..................................................................................... 40 2.2. Background: National Employment Relations and Welfare Regimes ..................................... 45 2.3. Legal Status of Athletes in Olympic Sport ............................................................................... 50 2.4. The Role of the National Olympic Committee ........................................................................ 54 2 2.5. The Role of the National Athletics Federation........................................................................ 57 2.6. The Role of Public Authorities Without a Generic Focus on Elite Sport ................................. 60 2.7. The Role of Specific Elite Sport Organisations ........................................................................ 62 2.8. Sponsorship, Self-Marketing and Additional Work ................................................................. 66 2.9. Occupational Safety and Health ............................................................................................. 69 2.10. Social Protection ............................................................................................................... 73 2.11. Participation and Bargaining ............................................................................................. 76 2.12. Specificities, Current Conflicts and Issues ......................................................................... 78 Literature Chapter 2 .......................................................................................................................... 80 3. Central Europe Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege .............................................. 81 3.1. Background: National Sport Systems ..................................................................................... 81 3.2. Background: National Employment Relations and Welfare Regimes ..................................... 83 3.3. Legal Status of Athletes in Olympic Sport ............................................................................... 84 3.4. The Role of the National Olympic Committee ........................................................................ 87 3.5. The Role of the National Athletics Federation........................................................................ 89 3.6. The Role of Public Authorities without a Generic Focus on Elite Sport .................................. 91 3.7. The Role of Specific Elite Sport Organisations ........................................................................ 94 3.8. Sponsorship, Self-Marketing and Additional Work ................................................................. 97 3.9. Occupational Safety and Health ........................................................................................... 100 3.10. Social Protection ............................................................................................................. 104 3.11. Participation and Bargaining ........................................................................................... 108 3.12. Specificities, Current Conflicts and Issues ....................................................................... 109 Literature Chapter 3 ........................................................................................................................ 110 4. Eastern Europe Pawel Zembura ................................................................................................... 111 4.1. Background: National Sport Systems ................................................................................... 111 4.2. Background: National Employment Relations and Welfare Regimes ................................... 113 4.3. Legal Status of Athletes in Olympic Sport ............................................................................. 114 4.4. The Role of the National Olympic Committee ...................................................................... 115 4.5. The Role of the National Athletics Federation...................................................................... 117 3 4.6. The Role of Public Authorities Without a Generic Focus on Elite Sport ............................... 119 4.7. The Role of Specific Elite Sport Organisations ...................................................................... 121 4.8. Sponsorship, Self-Marketing and Additional Work ............................................................... 122 4.9. Occupational Safety and Health ........................................................................................... 123 4.10. Social Protection ............................................................................................................. 125 4.11. Participation and Bargaining ........................................................................................... 127 4.12. Specificities, Current Conflicts and Issues ....................................................................... 128 Literature Chapter 4 ........................................................................................................................ 130 5. South-Western Europe Luiz Haas, Thiago Santos ........................................................................ 131 5.1. Background National Sport Systems .................................................................................... 131 5.2. Background: National Employment Relations and Welfare Regimes ................................... 132 5.3. Legal Status of Athletes in Olympic Sport ............................................................................. 135 5.4. The Role of the National Olympic Committee ...................................................................... 138 5.5. The Role of the National Athletics Federation...................................................................... 140 5.6. The Role of Public Authorities Without a Generic Focus on Elite Sport ............................... 141 5.7. The Role of Specific Elite Sport Organisations ...................................................................... 142 5.8. Sponsorship, Self-Marketing and Additional Work ............................................................... 144 5.9. Occupational Safety and Health ........................................................................................... 145 5.10. Social Protection ............................................................................................................. 147 5.11. Participation and Bargaining ........................................................................................... 149 5.12. Specificities, Current Conflicts and Issues ....................................................................... 150 Literature Chapter 5 ........................................................................................................................ 152 6. South-Eastern Europe Vanja Smokvina ....................................................................................... 153 6.1. Background: National Sport Systems ................................................................................... 153 6.2. Background: National Employment Relations and Welfare Regimes ................................... 155 6.3. Legal Status of Athletes in Olympic Sport ............................................................................. 159 6.4. The Role of the National Olympic Committee ...................................................................... 162 6.5. The Role of the National Athletics Federation...................................................................... 165 6.6. The Role of Public Authorities Without a Generic Focus on Elite Sport ............................... 168 4 6.7. The Role of Specific Elite Sport Organisations ...................................................................... 169 6.8. Sponsorship, Self-Marketing and Additional Work ............................................................... 170 6.9. Occupational Safety and Health ........................................................................................... 172 6.10. Social Protection ............................................................................................................. 176 6.11. Participation and Bargaining ........................................................................................... 178 6.12. Specificities, Current Conflicts and Issues ....................................................................... 179 Literature Chapter 6 ........................................................................................................................ 181 Annex 1: Expert Questionnaire for Country Fact Sheets.................................................................. 182 Annex 2: List of National Experts ..................................................................................................... 198 5 List of Figures Figure 1.1: EMPLOYS Multiplier Sport Events. ............................................................................................................. 24 Figure 1.2: Data sources and structure of the report. ................................................................................................. 31 Figure 1.3: Regions of the Regional Summaries .......................................................................................................... 32 Figure 2.1: Legislation and court cases on the legal status of athletes in Olympic sports in the Northern European region. ............................................................................................................................................................................ 54 Figure 2.2: Contractual relationships and direct income of athletes from the NOCs of the Northern European region. ............................................................................................................................................................................ 56 Figure 2.3: Contractual relationships and direct income of athletes from the National Athletics Federations of the Central European region. .............................................................................................................................................. 60 Figure 2.4: Contractual relationships and direct income of athletes from public authorities without a generic focus on elite sport of the Northern European region. ......................................................................................................... 62 Figure 2.5: Contractual relationships and direct income of athletes from specific elite sport organisations of the Northern European region. ........................................................................................................................................... 66 Figure 3.1: Legislation and court cases on the legal status of athletes in Olympic sports in the Central European region. ............................................................................................................................................................................ 87 Figure 3.2: Contractual relationships and direct income of athletes from the NOCs of the Central European region. ........................................................................................................................................................................................ 89 Figure 3.3: Contractual relationships and direct income of athletes from the National Athletics Federations of the Central European region. .............................................................................................................................................. 91 Figure 3.4: Contractual relationships and direct income of athletes from public authorities without a generic focus on elite sport of the Central European region. ............................................................................................................ 94 Figure 3.5: Contractual relationships and direct income of athletes from specific elite sport organisations of the Central European region. .............................................................................................................................................. 97 Figure 4.1: Legislation and court cases on the legal status of athletes in Olympic sports in the Eastern European region. ......................................................................................................................................................................... 114 Figure 4.2: Contractual relationships and direct income of athletes from the NOCs of the Eastern European region. ..................................................................................................................................................................................... 117 Figure 4.3: Contractual relationships and direct income of athletes from the National Athletics Federations of the Eastern European region. ........................................................................................................................................... 119 Figure 4.4: Contractual relationships and direct income of athletes from public authorities without a generic focus on elite sport of the Eastern European region. ........................................................................................................ 120 Figure 4.5: Contractual relationships and direct income of athletes from specific elite sport organisations of the Eastern European region. ........................................................................................................................................... 122 Figure 5.1: Legislation and court cases on the legal status of athletes in Olympic sports in the South-western European region. ........................................................................................................................................................ 138 Figure 5.2: Contractual relationships and direct income of athletes from the NOCs of the South-western European region. ......................................................................................................................................................................... 140 Figure 5.3: Contractual relationships and direct income of athletes from the National Athletics Federations of the South-western European region. ............................................................................................................................... 141 6 Figure 5.4: Contractual relationships and direct income of athletes from public authorities without a generic focus on elite sport of the South-western European region. ............................................................................................ 142 Figure 5.5: Contractual relationships and direct income of athletes from specific elite sport organisations of the South-western European region. ............................................................................................................................... 144 Figure 6.1: Legislation and court cases on the legal status of athletes in Olympic sports in the South-eastern European region. ........................................................................................................................................................ 161 Figure 6.2: Contractual relationships and direct income of athletes from the NOCs of the South-eastern European region. ......................................................................................................................................................................... 164 Figure 6.3: Contractual relationships and direct income of athletes from the National Athletics Federations of the South-eastern European region. ............................................................................................................................... 167 Figure 6.4: Contractual relationships and direct income of athletes from public authorities without a generic focus on elite sport of the South-eastern European region. ............................................................................................. 169 Figure 6.5: Contractual relationships and direct income of athletes from specific elite sport organisations of the South-eastern European region. ............................................................................................................................... 170 7 List of Tables Table 1.1: EMPLOYS Target Groups. ............................................................................................................................. 22 Table 1.2: EMPLOYS Academic Partners and Responsibilities. ................................................................................... 23 Table 1.3: EMPLOYS Practice-oriented Partners and Responsibilities. ....................................................................... 24 Table 2.1: Potential employment relationships of athletes in the Northern European region. ............................... 53 Table 2.2: Grant allocation of the Finnish Ministry of Education and Culture. .......................................................... 64 Table 2.3: Occupational safety and health provisions for athletes in the Northern European region. .................... 72 Table 3.1: Potential employment relationships of athletes in the Central European region. ................................... 85 Table 3.2: Occupational safety and health provisions for athletes in the Central European region. .................... 103 Table 3.3: Social protection provisions for athletes in the Central European region. ............................................ 107 Table 4.1: Potential employment relationships of athletes in the Eastern European region. ............................... 115 Table 4.2: Occupational safety and health provisions for athletes in the Eastern European region. .................... 124 Table 4.3: Social protection provisions for athletes in the Eastern European region. ........................................... 126 Table 5.1: Potential employment relationships of athletes in the South-western European region. ................... 137 Table 5.2: Occupational safety and health provisions for athletes in the South-western European region. ........ 146 Table 5.3: Social protection provisions for athletes in the South-western European region. ............................... 148 Table 6.1: Potential employment relationships of athletes in the South-eastern European region. .................... 161 Table 6.2: Occupational safety and health provisions for athletes in the South-eastern European region. ......... 175 Table 6.3: Social protection provisions for athletes in the South-eastern European region. ................................ 177 8 0. Executive Summary Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege 0.1. Preface and Approach of the Study The organisation of work and employment relations is a core issue of social policy, but also touches on fundamental questions of the political and legal order of communities. While employment relations have been researched in detail with regard to the general structure of employer-employee relations, there are hardly any information and studies available on the employment relations in the specific area of sport governance. This is even more the case in so-called Olympic sports that are organised outside of professional leagues and where athletes only rarely have an employment contract with a club. Against the backdrop of various approaches to sport governance on the national level and an increasing number of conflicts between athletes and sport governing bodies, this Fact Report provides unique data on the employment and social relations of athletes in Olympic sports in 29 European countries (27 EU members + Norway + UK). Data were gathered by national experts of the 29 countries and presented in five Regional Summaries (Northern, Central, Eastern, South-Western and South-Eastern Europe). The findings of the report serve as a sound basis for engagement with and discussion among the different stakeholder groups on the international, continental, national and regional level. As a result, the project team first looked more closely at the fields of enquiry and categories of employment relations in the specific context of sport and developed a research tool (January to April 2021). Adding to that, the large number of countries, the different approaches to sport governance and policy as well as the short time span of the data collection period (from April 2021 to August 2021) yield that the findings presented in this Fact Report are interim. The data and findings will be updated over the course of the project period (until December 2022). First and foremost, the findings shall speak to the approximate number of 25.000 athletes in Olympic sports in Europe. This number includes participants in the last two Olympic Games (winter 2018 and summer 2021) and, where such data are available, athletes of a national elite sport or cadre system. While amateurism is the predominant notion regarding the status of these athletes, this report starts with the assumption that, in fact, reliable and comparative data are necessary to understand, evaluate and improve good governance in the employment relations of athletes in Olympic sports. Because of the large number of countries included in the study, the level of abstraction of data is rather high. Four types of organisations of the elite sport system were identified in the pilot phase of the project that play a role in shaping the employment relations of athletes in Olympic sports. Not only national legislation and court decisions, but also policies, regulations and practices of these four actors are analysed. The organisations include the National Olympic Committee, the national federation governing the sport of athletics, public authorities / state entities without a generic focus on elite sport 9 (e.g. the armed forces or the police) and specific elite sport organisations (public, private or intermediate).1 0.2. Key Findings 0.2.1. Multi-layered Influencing Factors 1) The framework of the national welfare and social systems, as they present themselves in the individual countries of the EU, mark the fundamental background of this field. From an external perspective and compared to other regions of the world, the central feature of the European Union is the high level of welfare and social benefits. From an internal perspective, however, a high degree of plurality can be discerned, revealing significant differences between EU member states. This central characteristic ʹ unity and diversity ʹ also strongly characterises sport-related employment and social relations in the countries of the European Union. In recent decades, an attempt has been made to systematise this specific European diversity of welfare states through typological approaches. The most important contribution is the typology developed by Esping-Andersen͛s ͞The Three Worlds of Welfare Capitalism͟ (1990), which distinguishes between social-democratic, liberal and conservative welfare states. Subsequently, this approach has been further developed in many ways, but the basic ideas have been retained. 2) The differences of the individual sport systems in the EU member states have as well an impact on the employment relations in sport: Just as the political systems in Europe differ, so do the sport polity and policy structures in Europe. Around the two core areas of politics / state and sport / association, highly diverse constellations of actors and divergent forms of influence can be identified. A widespread view of the complex network of relations between sport and politics refers to the growing interlocking of state actors and sport-related actors. While in some states of the European Union the relationship between sport and politics is characterised as conflict-driven ʹ be it through the cleavages between state sport policy and the autonomy of sport associations or through the tension between public responsibility and deregulation ʹ other sport systems are characterised by a higher degree of consensus. In sport policy research, it was above all the Vocasport model and its further development by Ian Henry that initiated a fundamental typology, which was subsequently increasingly referred to and which provided the impetus for more far-reaching comparative approaches. The specific sport structures identified on this basis sometimes exert an influence on employment relations in sport in a direct form, but sometimes also in an indirect form. 1 see Chapter 1.3.3 for more details about the terminology and organisations analysed in the study. 10 3) The specifics of sport-related regulations in the interplay of general labour law regulations and individual arrangements can be considered as the third relevant dimension. Socio-political conflicts of interest in the form of collective bargaining and industrial disputes are among the core areas of industrial relations, which are usually conducted and mostly resolved by trade unions and employers' associations at sectoral level. In elite sport, however, this form of socio-political representation of interests has hardly played a role so far. If one disregards individual groups of players, employment relationships and wage payments to athletes are usually based on specific individual agreements. Other benefits such as sponsorship and support payments also occur with considerable variance. In addition, there is a significant percentage of athletes who pursue competitive sport only as a supplement to their actual livelihood in another professional field. Against this backdrop, collective agreements have hardly been used in sport so far. Consequently, this executive summary, following the results from the 29 states, pays special attention to this third dimension, but always keeps the fundamental systemic framework in view. 0.2.2. Legal Status of Athletes in Olympic Sports in Europe Under the general labour law of the European countries, the legal status of athletes heavily depends on the contractual relationship of an athlete with an organisation and the income related to this contract. In accordance with the general principles, decisions on the employment status are usually made on a case-by-case basis. Though very specific and varying characteristics are considered for a legal assessment of the status of an athlete, the income of an athlete plays an important role in any evaluation. Two general and conceptual distinctions regarding the status of elite athletes can be made: Firstly, the legal status of elite athletes can be determined by a specific legal act or the case law of a country. In such instance, all athletes falling under the scope of the applicable legislation are affected and their status is determined. Specific legislation exists in seven of the 29 countries. Exemplarily, in Hungary or Italy specific laws on sport determine the status of athletes in Olympic sports as amateurs as long as no employment contract with sport clubs exists. Relevant cases before national courts have been decided in Austria, Italy, Sweden and the UK. The courts come to very different conclusions regarding the legal status of athletes in the countries. While in the UK the responsible labour tribunal held that the athlete (a cyclist) does not qualify as an employee of the national federation, the Austrian Federal Administrative Court held that the tragic accident of a synchronised swimmer at the European Games 2015 was an occupational accident. In Italy, judgements about the status of athletes in Olympic sports have been decided differently on a case-by-case basis and a Swedish court held that the payments athletes receive are not to be considered as payments for work but as a stipend for tax law purposes. 11 Secondly, where neither legislation nor court decision exist, the contractual status of athletes prevails in an evaluation. Here the data show that different modes exist for athletes to enter into contracts. In some countries, overarching policies exist for athletes qualifying as elite athletes in accordance with the regulations of the NOC or the public authority responsible for elite sport. Contracts are then guaranteed on the basis of a cadre status. This, for example, is the case in Germany where the German Sport Aid Foundation (a specific elite sport organisation) has a contract with all 4000 elite athletes. Much more common, however, are contracts that are granted on a more individual basis under which athletes must fulfil additional conditions. Actual employment contracts with the different actors are usually of such nature. Various opportunities for employment exist but highly depend on the national context: In 17 of the 29 countries, athletes can sign employment contracts on the basis of their sporting achievements and for the purpose of a successful career in sport. The predominant organisation acting as a party to the employment contract is a public authority without a generic focus on elite sport (e.g. the armed forces or the police). Employment by these entities is available to elite athletes in all 17 countries. In Belgium, the Czech Republic and in Slovakia, besides employment by the armed forces, athletes can also find employment with a specific elite sport organisation. In the three countries, these are also public organisations under the auspices of the Ministry responsible for sport. Contracts with other actors of the elite sport system do not qualify as employment contracts despite some ongoing debates in the present countries. The case of the stipend programme offered by the Dutch NOC*NSF highlights the complex nature of the legal status of elite athletes. Although it is generally not an employment contract, the stipend agreement is considered a labour contract for tax and social security purposes. Athletes holding a public scholarship in Lithuania and Poland find themselves in a similar situation. 0.2.3. Contractual Relationships and Income Besides the employment contracts mentioned above which also yield a regular salary for athletes, different contracts with the identified organisations of the elite sport system exist. The role of NOCs can hardly be summarised as athletes in only 13 countries have a general contract with the NOC. The fact that NOCs may assume very different roles in their countries reinforce the differences. For example, in some countries the NOC also acts as umbrella organisation of national federations. A clearer picture can be drawn for the contractual relationship during the Olympic Games as it is common for athletes to sign an agreement with the NOC for the participation in the Olympic Games, not least due to the requirements of the IOC (IOC Conditions for Participation Form). The NOCs of 18 countries offer direct financial support to athletes, ranging from prize money to a monthly income, for example in the Netherlands or Estonia. 12 In the majority of countries, athletes sign athlete agreements or support contracts with the national athletics federation. In Norway specifically, elite athletes can receive a stipend through a contract with the national athletics federation. According to the current data, in twelve countries, these contracts also include some form of direct financial support exceeding the payment of expenses for sports-related purposes (e.g. training camps, participation in international competitions). The Austrian athletics federation also offers the opportunity for income, in the form of prize money, without entering into a contractual relationship with athletes. Public authorities without a generic focus on elite sport play a role in many countries. In 17 countries, athletes can be employed as civil servants ʹ mostly by the armed forces. In each country where public authorities without a generic focus on elite sport play a role, they provide athletes with financial resources ʹ predominantly in the form of regular monthly salaries. Exceptions to this rule are found only in Estonia, where the Ministry of Culture enters into a support agreement with athletes and distributes funding on a project-related basis. In Latvia, besides employment, a scholarship programme is offered, too. In 18 countries, specific elite sport organisations contribute to shaping the employment relations of athletes in Olympic sports in terms of contracts with and financial support to athletes. Such organisations exist in different forms: Private organisations play a role in Austria, Germany (both private foundations) and Norway (branch of the NOC) but are generally less common in the surveyed countries. Public organisations under the auspices of a national ministry exist in 12 countries. In France, Portugal and Spain, specific elite sport organisations exist in the form of public-private partnership organisations. While the majority of organisations offer financial support or scholarships to athletes which do not constitute an employment relationship, the specific elite sport organisations (public) in Belgium, the Czech Republic and Slovakia also employ athletes as civil servants. 0.2.4. Sponsorship, Self-Marketing and Additional Work Sponsorship deals constitute an important source of income for athletes in Olympic sports, particularly during participation in widely marketed international competitions. Overall, the present analysis ĚĞŵŽŶƐƚƌĂƚĞƐƚŚĂƚĂƚŚůĞƚĞƐ͛ƉŽƐƐŝďŝůŝƚŝĞƐƚŽĞŶƚĞƌŝŶƚŽƉĞƌƐŽŶĂůƐƉŽŶƐŽƌƐŚŝƉĐŽŶƚƌĂĐƚƐĚĞƉĞŶĚƐůĂƌŐĞůLJ on their legal status. In this respect, in the case of ĞŵƉůŽLJĞĞƐƚĂƚƵƐ͕ĂƚŚůĞƚĞƐ͛ƐƉŽŶƐŽƌƐŚŝƉĚĞĂůƐŵŽƐƚůLJ require consent from the employer, whereas most athletes without such an employment relationship have more freedom in acquiring personal sponsors. While the gathered data furthermore substantiate the assumption that athletes in Olympic sports are confronted with a variety of rules and regulations restricting their self-marketing and commercial opportunities, particularly during the period of the Olympic Games, various support structures and incentives dedicated to generating additional income for athletes have been established. 13 First and foremost, restrictions on self-marketing and commercial opportunities for athletes are rooted in international regulatory frameworks such as the Olympic Charter (e.g. Rule 40) and athlete agreements (e.g. IOC Conditions for Participation Form) related to participation in the Olympic Games to which both NOCs and athletes must comply as part of the structures of the Olympic movement. Legal disputes and / or court rulings have been held only in a few countries, especially in Germany where the decision of the German Federal Cartel Office (Bundeskartellamt) from 2019 spurred international debate on the context-ƐƉĞĐŝĨŝĐ ŝŵƉůĞŵĞŶƚĂƚŝŽŶ ŽĨ ƚŚĞ /K͛Ɛ Rule 40 on the national level which, ultimately, resulted in an amendment of the provisions presented by the IOC Legal Commission in 2019. While athletes have been granted some more leeway in negotiating individual deviations from the rule in cooperation with their NOCs, the present findings underline that the NOCs of the investigated countries ʹ ǁŚŝĐŚ ŶŽǁ ĂƐƐƵŵĞ Ă ŐƌĞĂƚĞƌ ƌĞƐƉŽŶƐŝďŝůŝƚLJ ŝŶ ƚŚĞ ƌƵůĞ͛Ɛ ŝŵƉůĞŵĞŶƚĂƚŝŽŶ ďĂƐĞĚ ŽŶ ŬĞLJ principles outlined by the IOC ʹ approach the adjusted regulatory framework in different ways. Incentives for self-marketing and commercial opportunities are provided by the NOC, national athletics federation, public authorities and specific elite sport organisations, ranging from the conduct of educational programmes and career guidance for athletes (e.g. internal courses on entrepreneurship, interview conduct, use of social media, etc.) to financial and legal advice on sponsorship deals. The role of each actor and the scope of their activities highly depend on the national context. Yet, in the present countries, only a lower share of the investigated actors drafts standard / model contracts which athletes might use for sponsorship deals. ŶŽƚŚĞƌŝŵƉŽƌƚĂŶƚĐŽŶĐĞƌŶĂĚĚƌĞƐƐĞĚŝŶƚŚĞƉƌĞƐĞŶƚĂŶĂůLJƐŝƐƌĞůĂƚĞƐƚŽĂƚŚůĞƚĞƐ͛ŽƉƉŽƌƚƵŶŝƚŝĞƐƚŽĐĂƌƌLJ out additional work. WhilĞĂƚŚůĞƚĞƐ͛ƉŽƐƐŝďŝůŝƚŝĞƐƚŽƉƵƌƐƵĞĂĚĚŝƚŝŽŶĂůǁŽƌŬĂůƐŽĚĞƉĞŶĚŽŶƚŚĞŝƌůĞŐĂů status in most of the countries, primarily for those who are under regular employment with a club or public authority (e.g. armed forces), prior confirmation by the employer is usually required. Yet, in some cases, even the participation in scholarship / stipend programmes may constitute restrictions to additional work as for example in Hungary. 0.2.5. Occupational Safety and Health and Social Protection Next to matters of wages, occupational safety and health is one of the core issues of the traditional study and practice of employment relations. Throughout the surveyed countries a mixture of statutory / legal and private provisions offered by the different actors of the elite sport system is found. Generally, the legal status of an athlete determines whether she or he qualifies for statutory occupational safety and health measures stipulated in national law. In this respect the mentioned employment contracts with public authorities without a generic focus on elite sport or with specific elite sport organisations are beneficial to the athlete. Irrespective of the national framework of labour law, sport-specific legislation that establishes periodical health checks and accident insurance for athletes can furthermore be found 14 in some countries (e.g. Lithuania and Poland). Private measures and provisions of the NOC, the national athletics federation and specific elite sport organisations which aim to ensure a safe and healthy career of elite athletes complement the statutory framework. These measures may include private accident insurance, medical check-ups and services for the prevention of mental and physical health hazards. Closely related, yet distinct from safety and health, are measures of social protection. The focus of the report, here, is on pension schemes, health care, maternity (paternity) protection and parental leave benefits, occupational disability and loss of income insurances as well as unemployment assistance. While different approaches to social protection of athletes are presented in the investigated countries, again, large differences exist between athletes who have an employment contract and employee status, and those who do not have such a contract. In some countries, sport-related national legislation stipulates specific social protection measures for athletes. Exemplarily, in Luxembourg, the law on sport determines that if the income of an athlete is below the threshold for statutory social protection contribution, the state covers her/his contributions to ensure full protection. In Lithuania, the Netherlands and Poland, the scholarship offered to elite athletes also provides athletes with statutory social protection coverage. Predominantly in Eastern and South Eastern European countries, specific public pension schemes have been established for elite athletes, mostly for the top athletes who won international medals. Such provisions, however, are a rare exception and athletes without an employment contract usually benefit from private measures of the actors. In some countries, sport governing bodies take a proactive role in supplying social protection measures like health care or maternity protection (e.g. Finland, Ireland). Specific elite sport organisations have joined the playing field in some countries, by providing and promoting selected social protection policies (e.g. Estonia, Germany, United Kingdom). For example, UK Sport guides sports that operate under its funding schemes to adopt an individual pregnancy policy for their athletes. Generally, these measures take on very different forms, vary from country to country and can hardly be summarised. However, most social protection systems rely on a close cooperation and coordination between sport governing bodies and public authorities. Exemplarily, since 2020 athletes supported by the German Sport Aid Foundation are entitled to a state grant which finances a private pension scheme. Overall, occupational safety and health as well as social protections of athletes in Olympic sports are highly complex and must be considered in light of the national context. 0.2.6. Participation and Bargaining The last years have seen an increase in public and academic debate about participation in decision- making and bargaining power of athletes in Olympic sport. In all 29 countries, ĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐ exist within the NOC͘ ƐƉĞĐŝĂůůLJ ŝŶ ĐŽƵŶƚƌŝĞƐ ŽĨ ĂƐƚĞƌŶ ƵƌŽƉĞ͕ ƚŚĞ ŝŶĨůƵĞŶĐĞ ŽĨ ƚŚĞ /K͛Ɛ 'ƵŝĚĞůŝŶĞƐ ƚŽ 15 ĚĞǀĞůŽƉŝŶŐĂŶĞĨĨĞĐƚŝǀĞƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶďĞĐŽŵĞƐǀŝƐŝďůĞ͘2 The degree of inclusion of athletes into other decision-making bodies varies. While in many countries athlete representatives also hold a position on the board of the NOC, athletes might also be included in working groups and other commissions. ƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐ are less common in national athletics federations and exist in 14 countries. In Croatia and Hungary, such commissions will be established within the next years. The data also indicate involvement of athletes in the decision-making structures of public authorities without a generic focus on elite sport and specific elite sport organisations. With respect to both actors, no formal ĂƚŚůĞƚĞƐ͛ŐƌŽƵƉƐĂƌĞŝŵƉůĞŵĞŶƚĞĚ͕ďƵƚĂƚŚůĞƚĞƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐŽĨƚĞŶŚĂǀĞĂǀŽŝĐĞƚŚƌŽƵŐŚŝŶĐůƵƐŝŽŶŝŶ working groups or a position on the board. Trade unions seem to play only a minor role and are not a common actor to represent the interest of athletes in Olympic sports. Unions that specifically represent athletes from Olympic sports are found ŽŶůLJ ŝŶ&ƌĂŶĐĞ ;> ͛hŶŝŽŶEĂƚŝŽŶĂůĞĚĞƐ^ƉŽƌƚŝĨƐ de Haute Niveau) and in Slovenia (Slovenian Athletes Union). In Norway, Finland and Belgium, athletes in Olympic sports join the trade unions that represent athletes from professional team sports and employees of other sectors respectively. While in some countries, e.g. in Romania and Croatia, athletes would need to have the legal status of employees and a defined number of people holding such status in order to form unions, the reasons for the lack of trade union influence remain, at this stage, unclear and further research into the possibilities of and barriers to trade union formation under international, European and national law is desirable. According to the current data and the investigated cases, collective bargaining agreements do not exist in Olympic sports, not least due to the fact that athleteƐ͛ commissions generally are not in a position to engage in collective bargaining with the respective sport governing body and ĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐ, conceptually, have a consultative role within the organisation.3 However, independent athlete associations have been established in some countries. Such organisations exist in Croatia, Denmark, Germany, Lithuania, the Netherlands, Portugal and the United Kingdom. Athlete associations take on different forms and assume different roles. Some of these organisations, among others Athleten Deutschland, can file class action suits on behalf of their members, illustrating the potential of these independent associations compared to athleteƐ͛ commissions. Despite this potential avenue for conflict resolution, in the countries investigated, there are only a few reported conflicts between elite athletes and the actors of the Olympic Movement. Some of the issues raised pertain to sponsorship contracts and diverging interests between sport governing bodies and 2 dŚĞ ͢'ƵŝĚĞ ƚŽ ĚĞǀĞůŽƉŝŶŐ ĂŶ ĞĨĨĞĐƚŝǀĞ ƚŚůĞƚĞƐ͛ ŽŵŵŝƐƐŝŽŶ ĐĂŶ ďĞ ĚŽǁŶůŽĂĚĞĚ ĨƌŽŵ , accessed 7 October 2021. 3 the exact status and decision-making competencies (consultative function, voting and/or veto rights) of the ŝŶǀĞƐƚŝŐĂƚĞĚĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐŚĂǀĞŶŽƚLJĞƚ been analysed conclusively. 16 individually sponsored athletes (e.g. in Belgium), protests against the short duration of support contracts (e.g. Czech Republic), or a general negligence of the NOC to ensure the protection of athlete rights (e.g. Lithuania). Conflicts between athletes and sport governing bodies have been most visible in Germany where the establishment and solidification of Athleten Deutschland has caused a shift in the power structures within OlyŵƉŝĐƐƉŽƌƚƐ͘dŚĞĂƚŚůĞƚĞƐ͛ĂƐƐŽĐŝĂƚŝŽŶŚĂƐĨƌĞƋƵĞŶƚůLJĂĚĚƌĞƐƐĞĚŐŽǀĞƌŶĂŶĐĞ issues ranging from topics like elite sport funding and social protection to the prevention of physical and mental health hazards. 0.3. Analytical Perspectives and Outlook In conclusion, some considerations will be made to open the door to further comparative assessments and analysis. Dynamics: The issue of employment relations in sport shows considerable system dynamics. Sport- related labour relations have not been clarified or adequately regulated either in legal terms or in view of political preferences. Even if the number of open conflicts is still limited, the manifold manifestations with the simultaneous ongoing commercialisation of sport as well as a growing awareness of athletes to socio-political issues point to continuing potential for change. Institutionalisation: Athletes in Olympic sport no longer see themselves as mere individuals, but have begun ʹ to varying degrees ʹ to organise themselves and express their interests collectively. This feature of increased and heightened sensitivity to labour-related issues is a continuing trend in almost all EU member states. However, the avenues and instruments pursued differ considerably. Even though sports federations are usually the first addressees, in almost all member states the actors' efforts to find an independent approach to collective interest representation are evident. Limited Europeanisation: In addition to the orientation towards the national sphere of action, there is also an increased focus on transnational representation of interests. The framework conditions of the European Union and the Council of Europe have an important forum function. Even if the increased attention to the European level can be seen as a common feature of the individual member states, this does not result in a uniform reaction pattern with regard to the strategies pursued and instruments used. The member states of the EU have neither merged into a certain type of model nor are there signs of a development in this direction. The extent of adoption of institutional or procedural elements of other member states within the European Union is limited. The potentials for coordination within the European framework are contrasted by different national styles of adaptation and participation. As a result, employment relations in European sport are likely to remain a mixture of different national models. 17 Minimum standards as a perspective: The results presented here also allow a cautious outlook on future developments. Instead of assuming a simple adaptation strategy or harmonisation in Europe, careful attention must be paid to the respective national framework and contextual conditions of sport, as there is no one successful state and adaptation model that can be described as the ͞silver bullet͟. Nevertheless, one conclusion can be drawn: numerous actors have an interest in implementing certain minimum standards in order to guarantee their athletes an appropriate framework for sport. These minimum standards should include issues of remuneration and contractual stipulations as well as health and social security. In this sense, future developments are likely to be oriented primarily towards safeguarding mechanisms as minimum standards and towards the question how these are to be implemented in view of overarching changes. Summing up the aspects addressed in this summary, it becomes clear that employment aspects are not only a question of whether there will be a more consensus- or conflict-oriented problem-solving in sport in the future, but above all the question arises as to whether sport follows general socio-political considerations and athletes are to be regarded primarily as workers or employees in the future, or whether certain special features of sport will continue to exist, which, as in the case of sports arbitration, also require a specificity of sport or its own legal framework. This in turn raises more fundamental questions about representation and democracy in sport that hint at the challenges facing sport. 18 1. Introduction Jürgen Mittag, Maximilian Seltmann, Lorenz Fiege 1.1. Rationale, Background and Relevance of the Topic The organisation of work and employment relations is a core issue of social policy, but also touches on fundamental questions of the political and legal order of communities. This field of activity is generally characterised by collective agreements, but also by actions and disputes between employers and employees and their representative bodies. While employment relations have been researched in detail with regard to the general structure of employer-employee relations, there are hardly any information and studies available for the specific area of employment relations in sport. Against the backdrop of the large number of people who are active in the sports sector, in view of the considerable share of sport in the gross domestic product, but also in view of the societal relevance and the dynamics of sport, this research gap marks a central desideratum of both social policy and sports academic research. In Europe alone, a share of 800,000 full-time employees in the field of sport is assumed. In view of transnational sport competitions, but also as a result of the growing European common market, employment relations in sport have taken on an increased European impact. In addition to different national standards of policy-making in sport, transnational and supranational developments have to be taken into consideration. According to current studies, sport accounts for Ϯ͘ϭϮй;ΦϮϴϬďŝůůŝŽŶͿŽĨƚŚĞŐƌŽƐƐĚŽŵĞƐƚŝĐƉƌŽĚƵĐƚŝŶƚŚĞh;DŝƚƚĂŐΘEĂƵůϮϬϮϭ͕Ɖ͘ϰϴͿ͘ Reflective of the high relevance of sports in Europe is an increasing involvement of public actors in sport policy. One of the demands that has been increasingly raised is the expectation that organised sport should meet good governance criteria. This is associated with the demand that sport governing bodies orient their statutes and programmes, but also their activities and procedures, to certain ethical standards. At the same time, it is expected that specific norms and standards form the basis of the organisation's management processes. Within nation states, organised (Olympic) sport represents ʹ depending on the respective national framework ʹ a largely independent, self-governing and non-state sector in which public actors usually intervene to a limited extent. However, since (organised) sport has significantly increased its economic activities since the 1980s, federal and state governments have increasingly challenged the autonomous status of sport. While the sports organisations defend their autonomy and point to the special features of the sports sector, public authorities are exerting more influence on sports bodies. In this respect, sports policy can be described as a continuous development from an almost purely self-governing network to a multi-actor network that reveals fundamental features of governance approaches. It is widely acknowledged that the professionalisation of sport has caused new challenges and changes to a societal field traditionally shaped by the notion of amateurism, voluntary engagement and prestige. With more money coming into the system and athletes competing on a professional basis, issues found 19 in classic employment or industrial relations come to the fore also in sports: These include, among others, labour disputes, protests and strikes as well as unionisation (Mittag 2018). Consequentially, the /ŶƚĞƌŶĂƚŝŽŶĂů > ĂďŽƵƌ KƌŐĂŶŝnjĂƚŝŽŶ ;/> KͿ ŝŶĐůƵĚĞƐ ͞ĂƚŚůĞƚĞƐ ĂŶĚ ƐƉŽƌƚ ƉůĂLJĞƌƐ͟ ŝŶ ŝƚƐ International Standard Classification of Occupations (International Labour Office & International Labour Organization, ϮϬϭϮ͕Ɖ͘ϮϭϬͿ͘ĐĐŽƌĚŝŶŐƚŽƚŚŝƐĐůĂƐƐŝĨŝĐĂƚŝŽŶ͕ĂƚŚůĞƚĞƐĂŶĚƐƉŽƌƚƉůĂLJĞƌƐ͞ƉƌĞƉĂƌĞĨŽƌĂŶĚĐŽŵƉĞƚĞŝŶ ƐƉŽƌƚŝŶŐĞǀĞŶƚƐĨŽƌĨŝŶĂŶĐŝĂůŐĂŝŶƐ΀͙΁dŚĞLJƚƌĂŝŶĂŶĚĐŽŵƉĞƚĞ͕ĞŝƚŚĞƌŝŶĚŝǀŝĚƵĂůůLJŽƌĂƐĂƉĂƌƚŽĨĂƚĞĂŵ͕ ŝŶƚŚĞŝƌĐŚŽƐĞŶƐƉŽƌƚ͟. (ibid., p. 210) Exemplarily, the ILO lists athletes from sports such as boxing, golf and football, but also skiers and wrestlers. In its Issues paper for discussion, the ILO specifies that it ƵŶĚĞƌƐƚĂŶĚƐ͞ĂƉƌŽĨĞƐƐŝŽŶĂůĂƚŚůĞƚĞ͟ĂƐ͞ĂŶĂƚŚůĞƚĞǁŚŽŐĂŝŶƐ income through competitive sport and ǁŚŽƐĞĂĐƚŝǀŝƚŝĞƐĂƌĞĐŽŶƚƌŽůůĞĚďLJĂƐƉŽƌƚƐŽƌŐĂŶŝnjĂƚŝŽŶ͕ƐƵĐŚĂƐĂĐůƵďŽƌĨĞĚĞƌĂƚŝŽŶ͘͟;/> KϮϬϭϵ͕Ɖ͘ϭͿ dŚŝƐ ĚĞĨŝŶŝƚŝŽŶ ĞdžƉůŝĐŝƚůLJ ŝŶĐůƵĚĞƐ ƚŚŽƐĞ ĂƚŚůĞƚĞƐ ͞ǁŚŽƐĞ ŽŶůLJ ƉƌŽĨĞƐƐŝŽŶĂů ĂĐƚŝǀŝƚLJ ŝƐ ƐƉŽƌƚ͕ ĞŝƚŚĞƌ ĂƐ employĞĞƐŽƌĂƐĐŽŶƚƌĂĐƚƉůĂLJĞƌƐŽĨƐƉŽƌƚƐĐůƵďƐ͟ĂŶĚ͞ ĂƚŚůĞƚĞƐǁŚŽŵĂLJŚĂǀĞŽƚŚĞƌũŽďƐďƵƚǁŚŽƐƉĞŶĚ significant time training and competing in sports competitions from which they derive income, such as ĂƚŚůĞƚĞƐŝŶƐŽŵĞKůLJŵƉŝĐĚŝƐĐŝƉůŝŶĞƐ͘͟;ŝďŝĚ͕͘Ɖ͘ϭͿtŝƚŚthis definition, the ILO widens the discussion on work-related issues to Olympic sports which often only take a minor role in both practice and academia. The scope of this research, therefore, addresses athletes which practice, play and compete in sports which are organised outside of professional leagues and where the Olympic Games constitute the pinnacle of the sporting stage. Accordingly, the athletes of relevance for this study usually do not have an employment contract with a professional club. Other conceptualisations referring to the athletes of interest, herein referred to as athletes in Olympic sports, also use labels such as semi-professionals, elite athletes or ʹ with the necessary caution towards the label ʹ amateurs. As stated above, academic literature in the field of employment relations in sport is scarce and no data exists on Olympic sports specifically.4 Currently, the employment related literature in sport considers KůLJŵƉŝĐĂƚŚůĞƚĞƐŽŶůLJŝŶƐŽĨĂƌĂƐƚŚĞLJĂƌĞƐƵďũĞĐƚƚŽt͛ƐĂŶƚŝ-doping regulations (Skinner et al. 2016). All other studies focus on cases of professional team sports in the United States and Australia, and on European football. Very little is known on topics like the employment status and the above labour related issues pointed out by Mittag (2018) in the specific case of Olympic sports outside professional leagues and club competitions. Notwithstanding the role that the ILO plays, predominantly by means of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), which both apply to professional ĂƚŚůĞƚĞƐ͞ƌĞŐĂƌĚůĞƐƐŽĨ ƚŚĞŝƌĐŽŶƚƌĂĐƚƵĂůĂƌƌĂŶŐĞŵĞŶƚŽƌĞŵƉůŽLJŵĞŶƚƐƚĂƚƵƐ͕͟ ƚŚĞ /> KĂĐŬŶŽǁůĞĚŐĞƐ ƚŚĂƚŝƚ͞ŚĂƐŶŽƚƐƉĞĐŝĨŝĐĂůůLJĚĞĂůƚǁŝƚŚĐŽŶĚŝƚŝŽŶƐŽĨǁŽƌŬŽĨĂƚŚůĞƚĞƐ͟ĚƵƌŝŶŐƚŚĞKůLJŵƉŝĐ'ĂŵĞƐĂŶĚŝŶ 4 The most comprehensive monograph on the employment relations in professional sports in Europe is Leanne K͛> ĞĂƌLJ͛Ɛ ;ϮϬϭϳͿ ĐŽŵƉĂƌĂƚŝǀĞ ƐƚƵĚLJŽŶ ƌƵŐďLJ͕ ĨŽŽƚďĂůů ĂŶĚďĂƐŬĞƚďĂůů͘ dŚĞResearch handbook of employment relations in sport, published by Barry et al. (2016) includes several case studies predominantly from North-America and Australia. 20 Olympics sports (ILO 2019, p. 25). As a consequence, point 13 of the Points of consensus which were drafted at the Global Dialogue Forum on Decent Work in the World of Sport in January 2020, proves to be of specific relevance in Olympic sports: ͞ϭϯ͘> ĂĐŬŽĨĐŽŚĞƐŝǀĞƐƚĂƚŝƐƚical data and comprehensive knowledge on the working conditions, social protection, contractual arrangements and other work-related issues makes it difficult to develop evidence-informed policies and measures addressing decent work deficits among athletes.͟;/> KϮϬϮϬ͕ p. 20) Organised sport, especially athletes themselves, media and academics, have so far only limited information on the legal framework, actors involved, and the range of established organisations and collective interest groups as well as the diversity of employment forms and contractual regulations in sport. Although reports on the financial situation of competitive athletes and on precarious or atypical employment relationships in professional sports are increasingly found in the media (e.g. FIFPro 2016), there is a lack of comprehensive overviews and systematic knowledge. To date, the employment relations of athletes in Olympic sports depict a desideratum in academic literature but are increasingly gaining momentum in the practice of sport politics, sport management and sport law. Besides constant claims of the sport governing bodies that they are not employers of athletes, the employment related situation of Olympic athletes is usually referred to as dual career, linking sport with education and vocational training. While this conceptualisation does have its merit, it fails to reflect the current developments in Olympic sports in Europe in some fundamental aspects as it neglects the legal and socio-political framework that athletes operate in, both in their national contexts and the European Union. This is where this study is anchored. The recent years have shown that issues of employment relations do exist also in Olympic sports (cf. Mittag 2018; Seltmann 2021): To name but a few, issues of self-marketing related to the infamous Rule 40 of the IOC Charter have been raised by athletes, leading to a loosening of the Rule following a decision of the German Federal Cartel office. Athlete agreements and arbitration clauses binding the athlete to the rules of the sport governing bodies and matters of participation in decision-making have come to the forefront of the discussion in Olympic sports. Additionally, important court decisions initiated by and affecting athletes before national and EU courts further put into question the prevailing practices and require academic analysis. 1.2. The EMPLOYS Project The project Understanding, Evaluating, and Improving Good Governance in the Employment Relations of Athletes in Olympic Sports in Europe (EMPLOYS) recĞŝǀĞƐĨŝŶĂŶĐŝĂůƐƵƉƉŽƌƚĨƌŽŵƚŚĞh͛ƐƌĂƐŵƵƐн Sport Programme as a Collaborative Partnership (622796-EPP-1-2020-1-DE-SPO-SCP). All information on the project, the outputs as well as the events can be found at the project website and the European https://www.dshs-koeln.de/en/institute-of-european-sport-development-and-leisure-studies/research-projects/ongoing-projects/translate-to-englisch-understanding-evaluating-and-improving-good-governance/ https://ec.europa.eu/programmes/erasmus-plus/projects/eplus-project-details/#project/622796-EPP-1-2020-1-DE-SPO-SCP 21 ŽŵŵŝƐƐŝŽŶ͛Ɛ ƌĂƐŵƵƐн WůĂƚĨŽƌŵ. The project commenced in January 2021 and will be finalised in December 2022. 1.2.1. Project Goals and Target Groups The overarching goal of the EMLOYS project is to provide evidence-based information on employment relations in sport for Sport Governing Bodies, national legislators and the European Union, aimed at improving good governance in the employment relations of athletes in Olympic sports in Europe. The project is structured around three specific goals which address the dimensions of understanding, evaluating and improving. 1. With this Fact Report, the project aims at understanding the legal and socio-political situation of Olympic athletes in different national contexts of 29 states (EU member states, the United Kingdom and Norway). Therewith, the report provides the necessary evidence-base for the subsequent steps of the project. 2. Building on this research, the project will evaluate the current practices in national and EU contexts on the basis of principles of good governance in the employment relations of athletes in Olympic sports in Europe. Universally applicable and widely accepted principles of good governance in employment relations must be formulated, against which an assessment of current practices in the national contexts and on the EU-level can take place. This part of the project addresses analytical standards of governance research yet including normative approaches in its outset. 3. The final part of the project aims at improving the good governance of the employment relations of Olympic athletes. This refers to the practical policy-making dimension of the project. On the basis of identified best practice examples, policy-recommendations will be formulated. These recommendations take into consideration both the national settings and the future role of the European Union in the governance of Olympic sports. Furthermore, options for strengthened and enhanced cooperation between institutions and organisations active in the field of sport will be developed and discussed. Taken together, these goals provide long-overdue knowledge on the work- and employment-related situation of Olympic athletes. Based on the analytical findings, it is possible to evaluate current practices and to show opportunities and limits within the differing national contexts as well as from the perspective of the EU, thereby informing policy reforms and increasing good governance of employment relations of Olympic athletes. With its three parts, the project applies different focal points of research (analytical-descriptive + normative-prescriptive + practical) and aims at a well-founded and comprehensive improvement of good governance in a problem area which is largely neglected by academics and practitioners alike. https://ec.europa.eu/programmes/erasmus-plus/projects/eplus-project-details/#project/622796-EPP-1-2020-1-DE-SPO-SCP 22 The target groups of this project include all institutions involved in the regulation and implementation of employment relations in Olympic sports. These are governments and legislators, sport governing ďŽĚŝĞƐĂŶĚĂƚŚůĞƚĞƐ͛ŽƌŐĂŶŝƐĂƚŝŽŶƐĂƚĂůůŐĞŽŐƌĂƉŚŝĐ and regulatory levels. Table 1.1: EMPLOYS Target Groups. Governments Sport Governing Bodies ƚŚůĞƚĞƐ͛KƌŐĂŶŝƐĂƚŝŽŶƐ Global x International Labour Organization x International Olympic Committee x International Sport Federations x Event Organisers x World Players Association x ƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶƐŽĨ IFs and the IOC European x European Commission x European Parliament x EU Council x (European) Committee of Regions x (European) Economic and Social Committee x Council of Europe x European Olympic Committees x Continental Federations x Event Organisers x EU Athletes x KƚŚůĞƚĞƐ͛ Commission x FIFPro (Europe) National x National Governments x Ministries responsible for Sport x National Olympic Committee x National Federations x EĂƚŝŽŶĂůWůĂLJĞƌƐ͛ Associations x Athlete Commissions of NFs and NOCs x Other interest organisations and NGOs x Trade Unions (Regional) x Regional Governments and Ministries x Regional Sport Confederations x Regional Federations x Regional offices of sport related interest representation organisations Local x Municipalities x Municipal Sport Confederations x Sport Clubs n.a. The policy recommendations resulting from the project address the Olympic movement in a wide sense, including all institutions which shape the employment regulations of athletes. Next to organisations, the project also aims at informing individual athletes about their employment related rights and specific situation. It is expected that athletes will benefit from the outcomes of the project as it gives answers to pressing and important questions for athletes in Olympic sports. Hence, the project also aims at empowering athletes in Olympic sports. 1.2.2. Project Team and Project Methodology The project team consists of members of seven organisations from across Europe. The academic partners are members or five research institutes. In addition, representatives of two umbrella organisations of the European sports industry complement the team as practice-oriented partners. The consortium is led by Prof Dr Jürgen Mittag, Head of the Institute of European Sport Development and 23 Leisure Studies (IESF) at the German Sport University Cologne. Maximilian Seltmann, research associate at the IESF, serves as the project coordinator. Lorenz Fiege, Research Associate, completes the research team of the IESF. The academic partners are ƌ > ĞĂŶŶĞK͛> ĞĂƌLJ (Edge Hill University/UK), Associate Professor Dr Vanja Smokvina (University of Rijeka, Faculty of Law/Croatia), Dr Thiago Santos and Luiz Haas (Universidade Europeia/Portugal) and Dr Pawel Zembura (Institute for Sport Governance/Poland). On the practical side, Paulina Tomczyk represents the European Elite Athletes Association (EU Athletes). The European Olympics Academies are represented by Prof Dr Manfred Laemmer. The academic partners to this collaborative partnership not only have impressive academic credentials, but also a regional network to make possible such a large-scale project. As such, the academic partners are responsible for the work on countries of the following regions: Table 1.2: EMPLOYS Academic Partners and Responsibilities. Partner Region of responsibility Countries included German Sport University Cologne Professor Dr Jürgen Mittag (Project Lead) Maximilian Seltmann Expertise: Policy & Governance Central Europe x Germany x Netherlands x Belgium x Luxemburg x Austria x Hungary Edge Hill University ƌ> ĞĂŶŶĞK͛> ĞĂƌLJ Expertise: Law, Policy & Governance Northern Europe x United Kingdom x Ireland x Norway x Sweden x Finland x Denmark University of Rijeka Dr Vanja Smokvina Expertise: Law, Policy & Governance South-eastern Europe x Croatia x Greece x Cyprus x Bulgaria x Romania x Slovenia Universidade Europeia Dr Thiago Santos Luiz Haas Expertise: Governance & Management South-western Europe x Portugal x Spain x France x Italy x Malta Institute for Sport Governance Dr Pawel Zembura Expertise: Governance & Management Eastern Europe x Poland x Estonia x Latvia x Lithuania x Czech x Slovakia The practice-oriented partners take a key complementary role in ensuring the depth and quality of the academic research. In line with their main expertise, their main responsibility in the project is to ensure an active participation and critical reflection of stakeholders of the target groups. 24 Table 1.3: EMPLOYS Practice-oriented Partners and Responsibilities. Partner Main Responsibility Target Groups EU Athletes Paulina Tomczyk (General Secretary) Stakeholder Involvement x Athletes x ƚŚůĞƚĞƐ͛KƌŐĂŶŝƐĂƚŝŽŶƐ x Labour Organisations x EU Institutions x Council of Europe/EPAS European Olympic Academies Prof Dr Manfred Laemmer (President) Stakeholder Involvement x National Olympic Committees x National Olympic Academies x European Olympic Committees x International Sport Federations x National Sport Federations x EU Institutions x Council of Europe/EPAS On the basis of the unique composition of the project team, the project combines rigorous interdisciplinary academic research with a participatory approach. The stakeholders of the target groups are included at all stages of the project in order to ensure the validity of the data. Several events are organised to foster debate among stakeholders: These so-called Multiplier Sport Events (MSE) serve as a platform for debate and exchange and constitute impactful events for policy-change in Olympic sports. 1.2.3. Events, Deliverables and Intended Outcomes Six of the above-mentioned MSE are scheduled from October 2021 to October 2022. The different events take place at the locations of the academic partners to make sure that the stakeholders of the different regions have equal opportunities to participate in the events. Figure 1.1: EMPLOYS Multiplier Sport Events. At the first two MSE, the Fact Report will be presented and discussed. All stakeholders are invited to comment on the findings and to engage in a discussion on the implications of the findings. MSE 3 and MSE 4 are explicitly designed to define principles of good governance in the employment relations of 25 athletes in Olympic sport in collaboration with athletes, sport governing bodies and national and international policy-makers and legislators. These will inform the second deliverable of the project, the so-called Evaluation Report, later presented and discussed at MSE 5. The results of the extensive discussions, exchange and academic research will inspire concrete policy recommendations of the Final Report, to be unveiled during a final MSE 6, co-ŚŽƐƚĞĚďLJƚŚĞƵƌŽƉĞĂŶKůLJŵƉŝĐŽŵŵŝƚƚĞĞ͛ƐhKĨĨŝĐĞ in Brussels. 1.3. Concepts, Methodology and Structure of the Study 1.3.1. Employment Relations of Athletes in Olympic Sport Due to the above-mentioned characteristics of most Olympic sports, where athletes are usually not considered employees, approaching this field from the perspective of employment relations (ER) may be controversial and raises questions regarding some key concepts of the project and the approach and findings of this report. While traditionally employment relations refer to the relationship between an employer and an employee and/or to the relationship between capital and the workforce (cf. Barry et al. 2016; Kaufman 2019), it is widely acknowledged that such conceptualisations neglect the ever- ĐŚĂŶŐŝŶŐ ůĂŶĚƐĐĂƉĞ ŽĨ ĞĐŽŶŽŵŝĐ ĂĐƚŝǀŝƚLJ ĂŶĚ ǁŽƌŬ ŽĨ ƚŽĚĂLJ͛Ɛ ƉŽůŝƚŝĐĂů ĞĐŽŶŽŵLJ ;'Ăůů ϮϬϭϵͿ͘ Ɛ Ă ĐŽŶƐĞƋƵĞŶĐĞ͕ ƚŚĞ ĨŝĞůĚ ĂŶĚ ƐƚƵĚLJ ŽĨ ĞŵƉůŽLJŵĞŶƚ ƌĞůĂƚŝŽŶƐ ͞ĐŽǀĞƌƐ Ă ĚĂƵŶƚŝngly large and ŚĞƚĞƌŽŐĞŶĞŽƵƐ ƐĞƚŽĨ ƚŽƉŝĐƐ͟ǁŚŝĐŚ ĐĂŶŶŽƚďĞ ĐŽŶǀĞLJĞĚďLJ Ă ƐŝŶŐůĞ͕ŵŽŶŝƐƚŝĐĚĞĨŝŶŝƚŝŽŶŽƌ ĐŽŶĐĞƉƚ (Kaufman 2019, p. 10). Decisive for the approach of this study is the argument that the concept of employment not only reflects formal relationships defined by contracts to carry out specific work roles, but also more informal relationships as well as broader questions of social policy (Gall 2019; Kaufman 2019). More broadly understood, employment relations are the networks, institutions and systems in which different actors are involved with regard to work related processes and economic activities. The focus of the study of employment relations is on the shaping of economic exchange relations and social conflict relations (cf. Industrielle Beziehungen 2021; Gall 2021). Building on the above concepts, the traditional academic disciplines, including, among others, economics, law, management and political science, use different approaches and place emphasis on diverse aspects of the field (Sisson 2020). Therefore, in order to understand the employment relations of athletes in Olympic sport, a wide array of aspects must be considered. The composition of the project team and the expertise of the academic partners reflects this challenge very well as it brings together academic experts from the relevant disciplines. This enables an interdisciplinary study approach. Still, the common core of research on employment relations is its focus on institutions which govern the relations of individuals and organisations. The already scarce literature on ER in sports, however, ƉƌĞĚŽŵŝŶĂŶƚůLJĨŽĐƵƐƐĞƐŽŶƐƉĞĐŝĨŝĐŝƐƐƵĞƐĂŶĚĐĂƐĞƐ͕ǁŚĞƌĞĂƐƚŚĞŽǀĞƌĂƌĐŚŝŶŐĂƌĞĂƐŽĨ͞ŐŽǀĞƌŶĂŶĐĞ͕ ŝŶƐƚŝƚƵƚŝŽŶƐĂŶĚƌĞŐƵůĂƚŝŽŶ͟ŚĂǀĞŽŶůLJďĞĞŶĐŽŶƐŝĚĞƌĞĚƚŽĂŵŝŶŽƌĞdžƚĞŶƚ;ĂƌƌLJĞƚĂů͘ϮϬϭϲ͕Ɖ. 3). The 26 aim of this project is to fill this gap and to provide a holistic picture of the employment relations of athletes in Olympic sports in Europe from an interdisciplinary perspective. 1.3.2. Good Governance dŚĞƚĞƌŵ͞ŐŽŽĚŐŽǀĞƌŶĂŶĐĞ͟ŚĂƐďĞĐŽŵĞĂŵƵĐŚ-noted core concept both in the media and in sports association research. Against the backdrop of a growing number of sport-related scandals at the turn of the century, the public started to increasingly associate high normative expectations with good governance in sport. At the same time governance concepts also began to be developed from a scholarly perspective as a toolkit for sport science analysis (Sobry 2011; Geeraert 2013). The first two comprehensive handbooks on sport governance published two decades later (Winand & Anagnostopoulos 2019; Shilbury & Ferkins 2020) outline as inventories the now in-depth engagement with this field; however, they also document that scholarly engagement with good governance is characterised by persistent diversity rather than a high degree of coherence. The majority of works on the subject are nevertheless based on a common understanding of the term, which understands (good) governance as the responsibility of primarily sports organisations at the most diverse levels for the functioning and integrity of sport through the development, implementation and control of norms and rules. The starting point for the emergence of good governance concepts in sport marks the ongoing commercialisation, medialisation and professionalisation processes of the 1980s and 1990s. At the same time, sports federations, guaranteed by the one-association principle, generally maintained their monopoly position. During this period, sports associations not only became more important and financially stronger, but also increasingly susceptible to undesirable developments. Especially in international competitive sports, shadowy aspects such as betting manipulation, doping scandals and corruption, but also a lack of consideration of social, economic or ethical standards were highlighted. Governance is a concept that is as multi-layered as it is complex, based on different academic disciplines and also subject to a continuous change of meaning. The English term governance has its origins in the Latin term "gubernare", which for a long time was used synonymously in the Anglo-American language area for "governing" or for the political actions of states and governments. With a view to the inclusion of an ever-larger circle of actors in political decision-making and the recourse to economic and political science approaches, governance developed into a cipher for the most diverse forms of political steering or regulation. States and governments were no longer the sole point of reference, but markets and organisations as well as actors beyond the nation state were increasingly included in the light of a more comprehensive coordination of action. As with the concept of governance, there is no uniform definition of the concept of good governance (King 2016). 27 After the end of the Cold War, when the political and economic performance of states was increasingly questioned and at the same time civil society was attributed greater importance for social and economic development, states committed themselves to strive for or comply with certain standards of transparency, democratic processes and control. A similar development was also emerging in large companies and business organisations. The terms corporate governance and good corporate governance, which emerged in this context, underpinned the responsibility of corporate management towards internal and external stakeholders. The good governance concepts introduced at that time follow a praxeological approach and include goals such as accountability, efficiency, effectiveness, anti- corruption and transparency. Their usefulness was justified above all by the fact that they guarantee mutual security of expectations between the actors, that ensures collective action in the long run. On the part of academia, corresponding practice-oriented approaches were analytically flanked and theoretically underpinned, but also critically reflected upon, since good governance concepts often aim at the establishment of structures, which at the same time form a central prerequisite for the successful implementation of corresponding concepts (Czada 2009, p. 19). In the transfer of academic approaches of (good) governance to sport, sports associations play a key role from a content perspective and sports management studies from a subject-specific perspective (Ferkins & Shilbury 2010). The starting point here are the changes from largely volunteer-run associations in sport to increasingly professionalised organisations run by salaried persons or full-time employees. The organisational and management-related governance studies subsequently found their correlate in more systemically oriented works. These studies primarily shed light on the nation-state setting in which state actors began to exert increasing influence on the shaping of sports policy by associations, without questioning the fundamental specificity of the sector or the association monopoly. The governance approach was able to ideally describe and explain the transformation of sport from a self-governing and non-governmental social sector to a multi-actor network (cf. Bruyninckx 2012). Soft law methods form an important set of instruments of the governance concept. Instead of hard intervention instruments such as legally binding regulations, sport-related goals are achieved through soft methods such as negotiations, coordination mechanisms, networking and voluntary agreements between state and association actors (Hoye & Cuskelly 2006; Hoye, Nicholson & Houlihan 2010). In practice, the first sport-related good governance activities were developed by international sports federations as well as international organisations and non-governmental organisations. The term good governance in sport was first used in the Statement of Good Governance Principles adopted by the European Olympics Committee (EOC) and the Fédération Internationale de l'Automobile in 2001 (Chappelet & Mrkonjic 2013). In 2004, good governance was included in the Olympic Charter, and in 2008, the Basic Universal Principles of Good Governance of the Olympic and Sports Movement were published by the IOC, setting - on a voluntary basis - minimum standards for IOC member organisations (IOC 2008). 28 /ŶϮϬϬϱ͕ƚŚĞŽƵŶĐŝůŽĨƵƌŽƉĞĂĚŽƉƚĞĚƚŚĞ͞ZĞƐŽůƵƚŝŽŶŽŶƚŚĞƉƌŝŶĐŝƉůĞƐŽĨŐŽŽĚŐŽǀĞƌŶĂŶĐĞŝŶƐƉŽƌƚ͕͟ which was subsequently further elaborated. In contrast to the international level, good governance criteria initially met with little response from national sports federations outside the Anglo-American world. The first national sports organisations to adopt recommendations were UK Sport (2004) with the ĚŽĐƵŵĞŶƚ͞'ŽŽĚŐŽǀĞƌŶĂŶĐĞ͗ĂŐƵŝĚĞĨŽƌŶĂƚŝŽŶĂůŐŽǀĞƌŶŝŶŐďŽĚŝĞƐŽĨƐƉŽƌƚ͟ĂŶĚ^ƉŽƌƚĂŶĚZĞĐƌĞĂƚŝŽŶ South Africa (2004) with "Best practice principles of good governance in sport". These were followed by the Netherlands (2005), associations from the USA (2005), New Zealand (2005), Wales (2006) and ƵƐƚƌĂůŝĂ;ϮϬϬϳͿ͘dŚĞK^͕ƚŚĞƵŵďƌĞůůĂŽƌŐĂŶŝƐĂƚŝŽŶŽĨ'ĞƌŵĂŶƐƉŽƌƚ͕ƉƵďůŝƐŚĞĚ͞'ƵŝĚĞůŝŶĞƐĨŽƌ'ŽŽĚ ƐƐŽĐŝĂƚŝŽŶ'ŽǀĞƌŶĂŶĐĞ͟ŝŶϮϬϬϳ͘EŽƚůĞĂƐƚŝŶǀŝĞǁŽĨƚŚĞĚĞŵĂŶĚƐŽĨƚŚĞŵĞĚŝĂĂŶĚĂĐƌŝƚŝĐĂůƐƉŽƌƚƐ public, the federations themselves are now claiming to take greater account of the requirements of good governance in the national arena as well (Jack 2018). However, approaches that are more strongly related to policy fields, such as industrial or social relations ʹ in contrast to specific institutions and organisations ʹ have only been examined in rudimentary form, so that this field still marks a larger task and research area. 1.3.3. Methodology The methodological framework of the study is derived from the concepts introduced above. To understand the legal and socio-political situation of athletes, unique data on 29 countries on the European continent are gathered and analysed. The countries studies include the 27 EU member states, the United Kingdom and Norway. As outlined in ŹChapter 1.2.2, each academic partner of the project is responsible for one of the five regions. For each country, a Country Fact Sheet was filled out by a national expert. For the five home countries of the academic partners (i.e., Germany, the UK, Croatia, Portugal and Poland), the academic partners served as national experts. Drawing on the extensive network of the team, experts for each country were contacted to complete a comprehensive questionnaire which provided the data for the Country Fact Sheet. The list of national experts is displayed in ŹAnnex 2. The questionnaire was designed by the project team and ensures the quality and comparability of the data among such a high number of cases. An extensive literature review on aspects of employment relations ʹ in and outside of sport ʹ formed the basis for the questionnaire. The most relevant actors were identified by the project team and grouped under seven headlines: 1. National framework and setting of the Elite Sport System 2. Contractual relationships of athletes 3. Income/money and other benefits 4. Working time 5. Occupational safety and health 29 6. Social protection 7. Participation and bargaining power ^ĞĐƚŝŽŶϭŽĨƚŚĞƋƵĞƐƚŝŽŶŶĂŝƌĞĂŝŵĞĚĂƚĂďƌŝĞĨŝŶƚƌŽĚƵĐƚŝŽŶŝŶƚŽƚŚĞĐŽƵŶƚƌŝĞƐ͛ŶĂƚŝŽŶĂůůĞŐĂůĂŶĚƐŽĐŝŽ- political framework as well as into the fundamentals of the national elite sport system. Sections 2 to 7 then covered specific aspects of the employment relations of athletes in Olympic sports. A final section gave the opportunity to include national peculiarities which might not be captured through answering the previous questions. Any comparative study faces similar issues regarding the collection and analysis of data. In general, with an increasing number of cases, the level of abstraction required to ensure comparability of the data also increases (Landman 2017). A trade-off between the level of detail on each case and the possibility to compare the data therefore exists. Adding to the complex interdisciplinary nature of the study of ER in general, the organisation and governance of (elite) sport differ significantly among countries on the European continent (Henry 2009; Bosscher et al. 2015). Accordingly, the level of abstraction for this large-scale project must be rather high. This, in turn, yields the conscious omission of detail for each country. These methodological considerations are well reflected in the Country Fact Sheets and the data used in this study. To resolve the associated issues, and in line with the conceptual framework, the data mainly addresses the national level of sport governance and thereby neglects the regional and local levels of administration. At the national level, the various sports and disciplines are organised in different ways and the regulatory environment of national sport federations depends on many characteristics (e.g., the ůĞǀĞůŽĨĐŽŵŵĞƌĐŝĂůŝƐĂƚŝŽŶ͕ŽƌǁŚĞƚŚĞƌŝƚŝƐĂƚĞĂŵŽƌĂŶŝŶĚŝǀŝĚƵĂůƐƉŽƌƚͿ;K͛> ĞĂƌLJϮϬϭϳͿ͘dŚĞƌĞĨŽƌĞ͕ĂŶ examination of all sports and disciplines falling under the scope of the project (ŹChapter 1.1) is infeasible due to the high degree of variance. The characteristics of sports and disciplines differ among the 29 countries to such an extent that some sports fall outside the scope of the above definition in some countries, while, in other countries, they fall within the scope of what is herein referred to as Olympic sports. Exemplarily, in countries like France, Spain, or Germany, team handball would not be considered an Olympic sport (despite being part of the Olympic programme) since a professional league exists. Whereas in other countries professional leagues do not exist, bringing the sport and the athletes playing it into the realm of the project. To resolve these issues, the study builds on data on the legal setting of the national context, stipulated in national laws and court decisions and the national framework of social and labour policy. Resulting from the exchange among the project partners, four specific actors were identified which ʹ if existent in the national context ʹ play an important role in the employment relations of athletes in Olympic sports on the national level: 30 a) The National Olympic Committee (NOC) In each of the countries included in the study, a NOC exists. While the roles that NOCs play in the different countries may be rather diverse (i.e. in some countries they are also the umbrella organisation of the national sport federations), all NOCs are recognized by the IOC and serve the purpose to advance the Olympic movement in the national context. Of specific relevance to the athletes is the fact that it is the NOC which officially nominates and sends the team for the participation in the Olympic Games. b) The national athletics federation National sport federations play an important role in shaping the employment and work-related situation of athletes in Olympic sports. Due to the methodological constraints of the comparative study, not every national sport federation in all 29 countries can be analysed. The national athletics federation of each country, being a member of World Athletics (formerly IAAF), serves as an exemplary national sport federation to be considered in the analysis. c) Public authority/entities without a generic/original focus on elite sport Previous studies (cf. Breuer et al. 2018; Kuettel et al. 2020) show that, in some European countries, elite athletes can enter into a relationship with a public authority or state entity which, per se, does not have a generic focus on elite sport, like the national armed forces. d) Specific elite sport organisation(s) In many countries, organisations exist which are specifically dedicated to supporting and funding the elite sport system. These can take different forms (public agencies, private or intermediary (public and private) organisations) and play different roles in the national context.5 With this selection, the goal of the Country Fact Sheets was to examine the role that these actors play with regards to the six aspects of the ER of athletes in Olympic sports outlined above (2.-7.). This allows for a comprehensive understanding of the work- and employment-related situation of athletes in Olympic sports in their respective national context. The data was gathered by the national experts for each country using a questionnaire which included a total number of 97 questions. These included ĐůŽƐĞĚ ͞LJĞƐ-no-ƋƵĞƐƚŝŽŶƐ͟ ĂŶĚ ŽƉĞŶ-ended questions requiring an explanation. A template of the questionnaire can be found in ŹAnnex 1. The national experts carried out their work independently in the time period from April to August 2021. The academic partners, in their role as Regional Managers, were at the disposal of the national experts 5 If a public agency or state entity is created for the purpose of supporting and financing elite sport, they too fall ƵŶĚĞƌ ƚŚĞ ƐĐŽƉĞ ŽĨ ƚŚĞĂĐƚŽƌƐŚĞƌĞŝŶ ƌĞĨĞƌƌĞĚ ƚŽ ĂƐ ͞ƐƉĞĐŝĨŝĐ ĞůŝƚĞ ƐƉŽƌƚ ŽƌŐĂŶŝƐĂƚŝŽŶ͘͟ /Ŷ ĐŽŶƚƌĂƐƚ͕ ƚŚĞƉƵďůŝĐ authorities and state entities considered under c) only include those actors whose generic task and ƌĂŝƐŽŶĚ͛ġƚƌĞ does not relate to the support of elite sport (like e.g., the armed forces). 31 in case of any question or uncertainty during the data collection phase. Upon receipt of the Country Fact Sheets, the project team met to discuss the quality of the data. Each national expert was contacted for feedback regarding some open questions and to ensure a common and standardised interpretation of the data. On the empirical basis of the 29 Country Fact Sheets, five so-called Regional Summaries were written by the academic partner responsible for the region, illustrating, comparing, and highlighting the most relevant aspects for each country of the respective region. These reports are the main empirical body of the study and will guide all future action of the project. Figure 2 illustrates the data sources and parts of the report. Taken the five Regional Summaries provide a unique data source, enabling the reader to holistically understand the employment relations of athletes in Olympic sports in Europe. Figure 1.2: Data sources and structure of the report. 32 1.4. Introduction to the Regional Summaries In line with the conceptual and methodological framework of this report (ŹChapter 1.3), chapters 2 through 6 summarise the facts gathered by national experts in 29 European countries. The data of the so-called Country Fact Sheets were combined into five Regional Summaries, covering five to six countries each. Figure 1.3: Regions of the Regional Summaries The aim of the five Regional Summaries is to provide new and fundamental insights into the employment-related and socio-political characteristics pertaining to athletes in Olympic sport in each country. The nature of the presentation is mostly focussing on facts but already includes initial comparison among the countries of the region. Illustrative figures and tables are included to make the rich data more accessible to the reader and to provide comprehensive overviews on the facts of the reports. As mentioned above, the data collected by the national experts through the Country Fact Sheets are of unique richness and detail. In total, the 29 Country Fact Sheets consist of more than 650 pages of data. Actors, policies, regulations and institutions shaping the employment relations of athletes in Olympic sport vary substantially across the countries included in the study. Because of the comparative design which includes such a large number of cases, it is impossible to illustrate and analyse the 29 domestic contexts in all detail. The current state of the Regional Summaries shall be considered a preliminary analysis of the data currently available to the research team. The results provide a solid empirical basis for an informed debate and critical reflection among the diverse stakeholders. All data utilised to inform the results of the summaries are subject to revision as the exchange with stakeholders continues over the course of the project. For comparative reasons, each Regional Summary is structured in twelve headlines and subsections. The main actors and organisations of the Olympic movement in each domestic context, the role of the state 33 sector in elite sport policy, and the relationship between the private sports sector and national public administration are illustrated in an opening section on the background of national sport systems. Since the 1990s, the European Model of Sport has been regularly referred to in line with general characteristics of sport in Europe and the European Union. The spĞĐŝĨŝĐƚĞƌŵ͞ ƵƌŽƉĞĂŶDŽĚĞůŽĨ̂ ƉŽƌƚ͟ (Sloane 2006; IOC 2020) insinuates that the European sport systems are characterised by great homogeneity. In this way, however, the term European Model of Sport conceals the great diversity of sport systems that can be discerned in the member states of the EU. At most, a global comparison with the sport model of the US and the commercial sector would indicate a fundamental difference; however, on closer examination, numerous differences can also be discerned. One of the few approaches that deals with sports systems in their entirety and at the same time takes a comparative approach is the report published by Jean Camy et al. (VOCASPORT Research Group 2004). The approaches developed by the authors in the context of the VOCASPORT report were subsequently taken ƵƉŝŶŽƚŚĞƌƐƚƵĚŝĞƐ͘/ƚŝƐǁĞůůĞƐƚĂďůŝƐŚĞĚŝŶĐƵƌƌĞŶƚůŝƚĞƌĂƚƵƌĞ͕ƚŚĂƚ͕ĚĞƐƉŝƚĞĂĚŝƐƚŝŶĐƚ͞ƵƌŽƉĞĂŶDŽĚĞů ŽĨ̂ ƉŽƌƚ͕͟;ĞůŝƚĞͿƐƉŽƌƚƐLJƐƚĞŵƐŽŶƚŚĞƵƌŽƉĞĂŶĐŽŶƚŝŶĞŶƚĚŝĨĨĞƌƚŽĐĞƌƚĂŝŶĚĞŐƌĞĞƐ;,ĞŶƌLJϮϬϬϵ͖tŝůůĞŵ & Scheerder 2017). This pertains to all aspects included in this section. To date, it is unclear, however, how the overarching characteristics of a sport system affect the employment relations of athletes in Olympic sports. A second section provides the necessary data on the background of national employment and social welfare regimes. This includes basic information on individual and collective labour law as well as the fundamentals of national social policy and welfare regimes. Recent studies show that, despite some competence on the EU-level, the nation state remains the decisive actor to shape and determine employment relations and social welfare in European countries, leading to considerable variation in some characteristics (Hantel 2016; Kuhlmann & Blum 2020). Therefore, similar to the sports systems, the welfare systems in Europe also show considerable variances. Consequently, the analogous concept of the so-ĐĂůůĞĚ͞ ƵƌŽƉĞĂŶ̂ ŽĐŝĂůDŽĚĞů͟ŝƐŽŶůLJŽĨůŝŵŝƚĞĚƵƐĞŚĞƌĞ͘KůĚer comparative welfare research has usually distinguished between two systems: The continental Bismarck system and the British Beveridge system. The Bismarck type is based on contribution-financed social insurances that are linked to (dependent) employment. The Beveridge type, on the other hand, is based on a tax-financed minimum security for all citizens. Other models have been developed in order to differentiate more specially between the similarities and differences of the various types of welfare states. The most important typology comes from the Danish sociologist Esping-Andersen (1990). He distinguishes between three types of welfare states: liberal, conservative and social democratic welfare states. His categorisation is based on the logic of the relationship between the state and the market in the provision of social services, the extent and quality of welfare state services and the effect of social policy on social stratification. Some researchers argue that there is a fourth, specifically Mediterranean model, which can be identified mainly in Italy, Spain, 34 Portugal and Greece. This fourth model has many features of the conservative model, but it is also characterised by a fragmented and particularised social security system, an even more pronounced role of the family in the state-market-family mix of social protection and an underdeveloped social assistance system. Much of the history of Olympic sport is connected to the concept and notion of amateurism. Amateurism, in its basic form, promotes the idea that training and participating in Olympic sport shall be considered a leisure time activity and not be connected to any profit derived from the sporting activities of an athlete (cf. Llewellyn & Gleaves 2016). Resulting from the status as amateur, the legal status of athletes in Olympic sports historically was distinct from the legal status of workers or employees. This yields that cases about athletes in Olympic sports decided by labour or social courts are very scarce in academic literature. The section on the legal status of athletes sheds light on national legal acts or court cases which determine or affect the legal position of athletes. As mentioned above, ĂƚŚůĞƚĞƐ ĂŶĚ ĂƚŚůĞƚĞƐ͛ ŽƌŐĂŶŝƐĂƚŝŽŶƐ ŚĂǀĞ ƐƚĂƌƚĞĚ ƚŽ ĐŚĂůůĞŶŐĞ ƚŚĞ ĐŽŶĐĞƉƚ ŽĨ ĂŵĂƚĞƵƌŝƐŵ͕ Ălso by making recourse to public courts. Under the general labour law of the European countries, the legal status of athletes heavily depends on the contractual relationship of an athlete with an organisation and the income related to this contract. In accordance with the general principles, decisions on the employment status are usually made on a case-by-case basis in all countries. In the different countries, very specific and varying characteristics are considered for a legal assessment of the status of an athlete. However, the income of an athlete always plays an important role in any decision. Seeing the countries at hand, two general and conceptual distinctions regarding the status of elite athletes can be made: Firstly, the legal status of elite athletes can be determined by a specific legal act or the case law of a country. In such instance, all athletes falling under the scope of the applicable legislation are affected and their status is determined. Secondly, where no legislation exists, the contractual status of athletes prevails in an evaluation. In such instance, the status is only determined for athletes which maintain an employment relationship with the different actors. While the details of each of the potential relationships as well as the conditions to enter into it will be explained in detail in the other sections of the Regional Summary, the basic characteristics are already illuminated in the section on the legal status of athletes. Four specific sections are included on the identified actors which play a specific role in shaping the employment relations of athletes in Olympic sports. In each region, the contractual relationships of athletes with and income opportunities from a) the NOC; b) the national athletics federation; c) public agencies and state entities without a generic focus on elite sport; and d) specific elite sport organisations6 6 If a public authority specifically responsible for sport, e.g. a Ministry of Sport, supports elite athletes, e.g. by disbursing funds to athletes, without establishing a specific organisation, the mechanisms and details of the support structures are also explained in the section on the specific elite sport organisations in the respective region. 35 are depicted and compared (see also ŹChapter 1.3.3, footnote 2). With regards to the contractual relationships of athletes with the four actors, the analysis distinguishes between general contracts (outside the period of the Olympic Games) and those specifically connected to the participation in the Olympic Games or other international sport events (during the period). This includes any form of contractual agreement between an athlete and one of the four actors, like, among others, employment contracts, scholarship agreements and so-called athlete agreements which are often signed with sport organisations. The data furthermore include information on the conditions and criteria that athletes must fulfil in order to enter into a contractual relationship and to receive different sources of income (see below). If available, the number of athletes in the respective contractual relationship and/or those receiving the different forms of income are also indicated. With regards to income, a distinction is made between direct income (e.g. money that athletes receive for their independent use), indirect income (e.g. in the form of reimbursements for sports-related expenses), and other forms of financial or non- material support. Besides the above-listed actors, sponsors can play an important role for athletes. In addition, the role of social media is becoming ever more important also to athletes in Olympic sports to increase their popularity and derive revenue from self-marketing. With the widely contested Rule 40 of the IOC Charter, far-reaching restrictions are put in place to prevent athletes from leveraging their private sponsorship deals during the period of the Olympic Games (Terraz 2020). One section therefore also includes information on the opportunities and support structures for, but also restrictions on sponsorship and self-marketing in the domestic context. Next to matters of wages, occupational safety and health is one of the core issues of the traditional study and practice of employment relations. The different measures to protect mental and physical health, safety policies and access to medical facilities play an important role in the Olympic sphere and have moved into the focus of public and academic debate, not least because of the recent Tokyo Olympic Games (Kavanagh & Parry 2021). As a consequence, sport organisations are increasing their efforts in assuming the responsibility over athlete welfare (Mountjoy, Burrows & Greinig 2021). Previous research shows that a career in elite sport has negative effects on the individual income and the social protection of athletes compared to workers in other domains (Breuer et al. 2018). Therefore, and also due to the prevailing notion of amateurism, the conditions under which both statutory social security provisions, like pension schemes, health care or unemployment benefits and voluntary provisions of private actors (e.g. NOC, national athletics federation) apply to athletes in Olympic sport are examined. Collective agreements are a core instrument of employment relations in many economic sectors and professional sports, yet not in Olympic sports (Bradish et al. 2019). The usual form of participation and bargaining for and by athletes within the sport organisations of the Olympic movement is found in so- ĐĂůůĞĚƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶƐŽƌŽŵŵŝƚƚĞĞƐ͘dŚĞƐĞĐĂŶƚĂŬĞĚŝĨĨĞƌĞŶƚĨŽƌŵƐĂŶĚĂƌĞŝŵƉůĞŵĞŶƚĞĚƚŽ varying degrees across different countries (Ciomaga et al. 2018; Seltmann 2021b). Outside the 36 structures of the NOC and the national sport federations, athlete representative and advocacy groups exist in some countries and, more recently, also on the international level (Seltmann 2021a, b). A last section covers current conflicts and issues. Over the last years, diverse issues have been addressed in media and public debates as well as in current academic literature. 37 Literature Chapter 1 ĂƌƌLJ͕DŝĐŚĂĞůW͕^ŬŝŶŶĞƌ͕:ĂŵĞƐĂŶĚŶŐĞůďĞƌŐ͕dĞƌƌLJ;ϮϬϭϲͿ͚^ŝĚĞůŝŶĞĚ͗ŵƉůŽLJŵĞŶƚƌĞůĂƚŝŽŶƐŝŶƉƌŽĨĞƐƐŝŽŶĂů ƐƉŽƌƚƐ͕͛ŝŶDŝĐŚĂĞůWĂƌƌLJ͕:ĂŵĞƐ^ŬŝŶŶĞƌĂŶĚdĞƌƌLJŶŐĞůďĞƌŐ;ĞĚƐͿResearch handbook of employment relations in sport (Cheltenham, UK: Edward Elgar Publishing), 1ʹ15 Bosscher, Veerle de, Shibli, Simon, Westerbeek, Hans and van Bottenburg, Maarten (2015) Successful elite sport policies: an international comparison of the sports policy factors leading to international sporting success (spliss 2.0) in 15 nations (Maidenhead: Meyer & Meyer Sports) ƌĂĚŝƐŚ͕ŚĞƌŝ͕ ͘ƉĚĨ͕ͥĂĐĐĞƐƐĞĚϭϳ September 2021 Breuer, Christoph, Wicker, Pamela, Dallmeyer, Sören and Ilgner, Michael (2018) Die Lebenssituation von Spitzensportlern und -sportlerinnern in Deutschland (Bonn: Bundesinstitut für Sportwissenschaft) ƌƵLJŶŝŶĐŬdž͕,ĂŶƐ;ϮϬϭϮͿ͚^ƉŽƌƚƐ'ŽǀĞƌŶĂŶĐĞ͗ĞƚǁĞĞŶƚŚĞKďƐĞƐƐŝŽŶǁŝƚŚZƵůĞƐĂŶĚZĞŐƵůĂƚŝŽŶĂŶĚƚŚĞǀĞƌƐŝŽŶ ƚŽĞŝŶŐZƵůĞĚĂŶĚZĞŐƵůĂƚĞĚ͕͛ŝŶĂƌďĂƌĂ̂ ĞŐĂĞƌƚ͕DĂƌĐdŚeeboom, Christiane Timmerman and Bart Vanreusel (eds) Sports Governance, Development and Corporate Responsibility Routledge), 107ʹ121 Chappelet, Jean-> ŽƵƉĂŶĚDƌŬŽŶũŝĐ͕DŝĐŚĂģů;ϮϬϭϯͿ͚džŝƐƚŝŶŐŐŽǀĞƌŶĂŶĐĞƉƌŝŶĐŝƉůĞƐŝŶƐƉŽƌƚ͗ƌĞǀŝĞǁŽĨƉƵďůŝƐŚĞĚ literatuƌĞ͕͛ŝŶůŵ͕:ĞŶƐ;ĞĚͿAction for good governance in international sports organisations, 222ʹ240 ŝŽŵĂŐĂ͕ŽŐĚĂŶ͕dŚŝďĂƵůƚ͕> ƵĐŝĞĂŶĚ ŝƐĂ;ϮϬϭϴͿ͚ƚŚůĞƚĞ/ŶǀŽůǀĞŵĞŶƚŝŶƚŚĞ'ŽǀĞƌŶĂŶĐĞŽĨ^ƉŽƌƚ KƌŐĂŶŝnjĂƚŝŽŶƐ͕͛ŝŶDĂƌŬŽĚĚƐ͕ ĞŝƚŬŽŶnjĞƉƚĨƺƌZĞŐŝĞƌƵŶŐƐŚĂŶĚĞůŶ͗'ƌƵŶĚůĂŐĞŶ͕ŶǁĞŶĚƵŶŐ͕ . 72 addition, athletes who are in a contractual relationship with the Norwegian Athletics Association (see section 5) are provided with travel insurance and injury insurance. Table 2.3: Occupational safety and health provisions for athletes in the Northern European region. Actor / Occupational safety and health provisions Accident insurance Mental health Physical health Prevention Safety policies Medical check-ups Access to medical facilities NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation *Statutory occupational safety and health provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. In Sweden, there are no specific national laws or court decisions that consider the health and safety provision for elite athletes. During the Olympic Games the health and safety obligation falls on the SOK. In international competitions outside the Olympic Games, the obligation falls on the NF; otherwise the obligation falls on the club or the state. For athletes selected for Topp-och Talang, the SOK provides: mandatory accident insurance that applies on days when the athlete is competing for the national 73 ƚĞĂŵ͖ ƉƌŽƚĞĐƚŝǀĞ ĞƋƵŝƉŵĞŶƚ ĂŶĚ ŽƚŚĞƌ ƉƌŽƚĞĐƚŝŽŶ ĨŽƌ ĂŶ ĂƚŚůĞƚĞ͛Ɛ ƉŚLJƐŝĐĂů ŚĞĂůƚŚ͖ ŝŶĨŽƌŵĂƚŝŽŶ Žƌ education on potential sources of harm or risks; safety policies; medical check-ups and access to medical facilities. The Swedish Athletics Association provides the same protections. Neither the SOK nor the Swedish Athletics Association provides mental health services. The Swedish Sports Confederation (Riksidrottsförbundet, RF) does not provide health and safety benefits or protections for elite athletes. 2.10. Social Protection In the United Kingdom (UK), there are no sport specific social protections in national law or court cases concerning the social protection entitlements of athletes. General provisions of social protection relating to working hours, fixed term contracts, educational leave and annual holiday require employee or worker status in order to apply to athletes. Following Jessica Varnish v British Cycling Federation (t/as British Cycling) ;ƐĞĞ ƐĞĐƚŝŽŶϯͿ͕KůLJŵƉŝĐ ĂƚŚůĞƚĞƐǁŚŽĂƌĞ ƐĞůĞĐƚĞĚŽŶƚŽĂ ƐƉŽƌƚ͛ƐtŽƌůĚůĂƐƐ Programme (WCP), whether or not they are in receipt of an Athlete Performance Award (APA), are very likely to be considered to be engaged under an agreement to train and, accordingly, not an employee or worker. However, it may be that the athlete earns income from other sources as a self-employed person and accordingly would be entitled to a maternity allowance (Social Security Contributions and Benefit Act 1992). It appears that an NF may provide insurance cover for those selected to a WCP and/or those who compete in an elite team for a particular competition. The insurance cover is unlikely to be for loss of income but will likely cover: personal injury or loss arising out of, or in connection with, any activities carried out and/or any facilities used by the athlete in connection with the agreement while on team duty including at events; third party liability; and travel insurance. There have been no public debates about precarious or risky social conditions of athletes in Olympic sports. The BOA does not provide a pension or retirement scheme, occupational disability protection, loss of income insurance, maternity protection and/or maternity and parental leave benefits or unemployment assistance. Similarly, UK Athletics does not provide a pension or retirement scheme, occupational disability protection, loss of income insurance or unemployment assistance. It provides limited maternity benefits to pregnant athletes who are in receipt of an APA and access to health care services. The Army very likely provides a pension / retirement scheme, occupational disability protection and maternity protection and maternity/parental leave benefits. It does not provide unemployment assistance or loss of income protection. UK Sport does not provide any social protections, although it does have a pregnancy policy which provides the framework for sports that it funds to develop their own pregnancy policy. 28 The guidance recommends, amongst other things, 28 See further a copy of the UK Sport Pregnancy Guidance for NGBs and the UK Sport Pregnancy Guidance for Athletes, which are both available on the UK Sport website, . 74 payment of the APA for up to nine months after childbirth subject to conditions (UK Sport, 2021, Appendix H, clause 5.1). In the Republic of Ireland, general provisions of social protection apply to athletes residing in Ireland. If an employment contract is required to access those protections, then unless an athlete is employed or paying tax as a self-employed person, he or she may not be eligible. There are no sport-specific social protections in national law. There is a tax break available to some athletes who qualify. The sporting tax exemption enables an athlete, resident in Ireland, to claim back tax paid on wages or winnings after retirement from a sports career. Other social protections are provided by a combination of state protections and private insurance carried by the NFs. There is a very limited retirement scheme operated by Athletics Ireland in conjunction with the International Carding Scheme (ICS) where athletes are given some stepdown payments and assistance as they head towards retirement. In accordance with the ICS Guidelines, limited maternity protection is provided to athletes who are recognised as elite athletes in receipt of funding and which allows for the continuation / extension of payments during/after pregnancy. More precisely, athletes who become pregnant are guaranteed to receive funding up to six months after the birth of the child. In the Republic of Ireland, there is often public debate about the level of support provided by the state to elite athletes, although the focus of the discussions is mainly on the funding payments made to athletes, rather than a focus on social conditions. In Denmark, there are no sport-specific social protections in national law or cases concerning an elite ĂƚŚůĞƚĞ͛ƐĞŶƚŝƚůĞŵĞŶƚƚŽƚŚĞƐĞ͘ƚŚůĞƚĞƐĂƌĞĞŶƚŝƚůĞĚƚŽƐŽĐŝĂůƉƌŽƚĞĐƚŝŽŶƐŝŶƚŚĞƐĂŵĞǁĂLJĂƐĂŶŝƐŚ citizens. A person who is a part of an unemployment insurance fund (a-kasse) and has been in the labour market is guaranteed social support (dagpenge). A professional athlete has the right to choose a union (fagforening) and an unemployment insurance fund (a-kasse), which will guide the athlete when negotiating contracts and provide economic support if the athlete is suddenly unemployed. However, elite athletes are generally not in an employment relationship. Regarding social protections provided by the entities in the sports movement, the DIF, Team Danmark and the DAF do not provide a pension / retirement scheme, occupational disability protection, healthcare, loss of income insurance, maternity protection and / or maternity or parental leave benefits. Nonetheless, Team Denmark acknowledges that it is important that athletes save up for retirement. Athletes with high earnings can save 20% for a pension without influencing the assessment of whether or not they are granted support from Team Danmark. There have been no public debates about the social conditions of athletes in Olympic sports. In Finland, all athletes are covered by general social security laws. There are no other sport specific social protections and no court cases on the issue either. The FOC and Finnish Athletics provide health care, and maternity/parental leave benefits. The Defence Forces provide a pension/retirement scheme, occupational disability protection, healthcare, loss of income insurance, maternity protection and/or 75 parental leave benefits and unemployment assistance. The Ministry of Education and Culture provides maternity protection and/or parental leave benefits. If an athlete is in receipt of a state athlete grant, then this may be advanced due to parental leave and maternity. Urhea Sports Academy provides daily supportive health care and maternity protection and/or parental leave benefits. In the case of maternity and parental leave benefits, athletes can transfer state grants and still use the services provided by a sports academy. In Norway, there are no sport-specific social protections in national law or cases concerning an elite ĂƚŚůĞƚĞ͛ƐĞŶƚŝƚůĞŵĞŶƚƚŽƚŚĞƐĞ͘ůŝƚĞĂƚŚůĞƚĞƐĂƌĞƉƌŝŵĂƌŝůLJƉƌŽƚĞĐƚĞĚĂƐĐŝƚŝnjĞŶƐŽĨEŽƌǁĂLJƌĂƚŚĞƌƚŚĂŶ employees. Athletes are in part covered by compulsory insurance when under contract, and may take out private insurance (e.g. insurance offered by their trade union, such as, for example, by the Norwegian Athlete Association (NISO)). The NIF and the Norwegian Athletics Association do not provide a pension scheme, occupational disability protection, health care, loss of income insurance, maternity protection and/or maternity and parental leave benefits or unemployment assistance. There has been public debate about the social conditions of athletes that typically arises in media reports of athletes struggling in their post-sports career. For example, in August 2020 two-time Olympic cross-country skiing champion Petter Northug was arrested for severe traffic violations, revealed his abuse of alcohol and drugs and was later sentenced.29 The incident stirred an intense, but short-lived public debate about how the sports community prepares athletes for transition into civil life. In Sweden, there are no sport-specific social protections in national law or cases concerning an elite ĂƚŚůĞƚĞ͛Ɛ ĞŶƚŝtlement to these. Certain benefits, such as health care, loss of income insurance and maternity protection or maternity or parental leave, are available to all Swedish residents, including athletes. However, benefits that are connected to and require employment (e.g. unemployment benefits and pensions) are not available to athletes as elite athletes are not employed by the SOK or Swedish Athletics Association, unless the athlete is employed by a club. Employment by a club largely determines the benefits to which athletes have access. If selected for the Topp-och Talang programme, the SOK will provide elite athletes with access to health care and that is the only social protection provided. Table 2.4: Social protection provisions for athletes in the Northern European region. Actor / Social protections Pension / Retirement scheme Occupational disability / Loss of income protection Health care Maternity protection / Parental leave benefits Unemployment assistance NOC 29 See further . 76 National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation * Statutory social protection provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. 2.11. Participation and Bargaining In the United Kingdom (UK), the ƌŝƚŝƐŚ ƚŚůĞƚĞƐ͛ ŽŵŵŝƐƐŝŽŶ is an independent body that offers confidential advice, support and guidance to individual athletes within the high performance system. It has a Memorandum of Understanding with UK Sport͘dŚĞƌŝƚŝƐŚƚŚůĞƚĞƐ͛ Commission is not listed as a trade union.30 Its objects are set out in Part 1 of the Schedule of its Articles of Association (BAC 2020) as including: ͞ϭ;ŝͿƚŽĂĐƚĂƐĂƌĞƉƌĞƐĞŶƚĂƚŝǀĞďŽĚLJǁŝƚŚŝŶ'ƌĞĂƚƌŝƚĂŝŶ͕ƚŚĞKůLJŵƉŝĐĂŶĚWĂƌĂůLJŵƉŝĐDŽǀĞŵĞŶƚƐĂŶĚ any other relevant organisations, for Athletes and to promote the views of Athletes so that Athletes ŚĂǀĞŵŽƌĞŝŶƉƵƚŝŶƉŽůŝĐLJĂŶĚŽƚŚĞƌĚĞĐŝƐŝŽŶƐĂĨĨĞĐƚŝŶŐƚŚĞŵĂƚĂŶĂƚŝŽŶĂůĂŶĚŝŶƚĞƌŶĂƚŝŽŶĂůůĞǀĞů͙͟ The ƌŝƚŝƐŚKůLJŵƉŝĐƐƐŽĐŝĂƚŝŽŶ;KͿƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶ represents the interests of athletes in the BOA. It is a Committee established by the Board (BOA 2021b, art 7). The Chair is the athlete representative on the BOA Board. UK Athletics also has a h ŝĂďŝůŝƚLJƌŝƐŝŶŐKƵƚŽĨWĂƌƚŝĐŝƉĂƚŝŽŶŝŶ^ƉŽƌƚ͛ŝŶĚĂŵ> ĞǁŝƐYĂŶĚ:ŽŶĂƚŚĂŶdĂLJůŽƌY (eds) Sport: Law and Practice (4th ed, Bloomsbury Professional). Loken, Espen, Stokke, Torgeir Aarvaag, Nergaard, Kristine (2013) Labour Relations in Norway (Fafo) Ministry of Employment and the Economy (2021) Finnish Labour Legislation and Industrial Relations. Available online at < https://www.expat-finland.com/pdf/finnish_labour_legislation.pdf> KůLJŵƉŝĐ&ĞĚĞƌĂƚŝŽŶŽĨ/ƌĞůĂŶĚ;K&/Ϳ;ϮϬϮϬͿ͚ŽŵŵĞƌĐŝĂůKƉƉŽƌƚƵŶŝƚŝĞƐ for Participants During the Tokyo 2020 KůLJŵƉŝĐ'ĂŵĞƐdĂŬŝŶŐWůĂĐĞŝŶϮϬϮϭ͛͘ǀĂŝůĂďůĞŽŶůŝŶĞĂƚфŚƚƚƉƐ͗ͬͬƌƵůĞϰϬ͘ŽůLJŵƉŝĐƐ͘ŝĞͬƌƵůĞ-40-guidelines/> . ^ĞůƚŵĂŶŶ͕DĂdžŝŵŝůŝĂŶ;ϮϬϮϭͿ͚dŚĞ/ŶƐƚŝƚƵƚŝŽŶĂůWŽƐŝƚŝŽŶŽĨƚŚůĞƚĞƐŝŶƚŚĞ'ŽǀĞƌŶĂŶĐĞEĞƚǁŽƌŬƐŽĨƚŚĞKůLJŵƉŝc DŽǀĞŵĞŶƚŝŶĂŶĂĚĂ͕'ĞƌŵĂŶLJĂŶĚƚŚĞhŶŝƚĞĚ ŝŐƵĞĞůŐĞ&ƌĂŶĐŽƉŚŽŶĞĚ͛ƚŚůĠƚŝƐŵĞ;> &ͿŵĂLJďĞĂ party to the contracts which athletes conclude with the specific elite sport organisations of the community. Based on this, athletes receive no payments from the federation(s), except for some prize money that the sponsors of the federation might supply for individual events. 91 Figure 3.3: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from the National Athletics Federations of the Central European region. 3.6. The Role of Public Authorities without a Generic Focus on Elite Sport In four of the six countries of this European region, public authorities without a generic on elite sport play a role in shaping the employment and social relations of athletes in Olympic sports. In Austria, Belgium, Germany and Luxembourg, the armed forces of the country offer the opportunity for elite athletes to pursue their sporting career while serving as athlete soldiers. Other entities include the federal polices of Germany and Austria and minor agencies under the authority of state ministries. In Austria, a parliamentary resolution from 1997 establishes that the armed forces ʹ under the auspices of the Federal Ministry of Defence ʹ maintain a special elite sport group as well as specific sport centres for elite athletes. As athlete soldiers, athletes sign a standardised employment contract. To join the armed forces, athletes must be nominated by their NSF, Sport Austria and the respective representative of the discipline within the armed forces. The athlete must be a member of a national squad. Athletes in individual sports must have ranked 1-3 in the national championships, team sport athletes must play in the highest national division. All athletes need to undergo the basic military training. Each year, 150 new athletes can join the armed forces and start their military training. Having completed the basic training, ƚŚĞĂƚŚůĞƚĞƐ͛ƐƉŽƌƚŝŶŐƉĞƌĨŽƌŵĂŶĐĞŝƐĞǀĂůƵĂƚĞĚďLJ^ƉŽƌƚƵƐƚria and the armed forces representative. A positive review leads to the conscription by the Ministry of Defence as voluntary temporary military personnel. The fixed-term contracts are reviewed on an annual basis and can be renewed for a total period of up to 15 years. Contracts automatically terminate if an athlete signs a professional contract with a club. In 2021, 402 athletes are employed with the armed forces. Among them are also athletes from specific military sports, like parachuting or mountaineering which are not Olympic sports. As per employment contract, the main task of the athlete soldier is the successful participation in international 92 championships and an overall positive appearance and representation of Austrian Republic and Austrian Armed Forces. The specific obligations and duties for competitive athletes at the Federal Army are specified in a comprehensive regulation. As employees of the armed forces, athletes receive a regular salary. The salary depends on the rank of the soldier but in accordance with the national regulations, soldiers are entitled to 14 monthly salaries per year. This status also includes specific working time obligations that must be fulfilled. Athletes must keep record of their daily working hours which include time spent on training and competitions, regeneration, etc. Participation in competitions are considered business trips and must be approved in advance. The Austrian Police (Ministry of the Interior) offers a dual career programme for elite athletes with a specific focus on Olympic disciplines. As a public apprenticeship, athletes undergo the vocational training to become police officers while practising their sports. Athletes must fulfil the general requirements of the apprenticeship and must be a member of a national cadre to be eligible for a position. Currently, 60 athletes are employed by the Austrian Police within this programme. Just like soldiers, athletes also receive a monthly salary (14/year). The landscape of public entities in Germany is quite similar to that in Austria. Athletes from all sports can become members of one of the 15 so-called sports groups of the armed forces. The programme includes the basic training within the voluntary military service of the armed forces which usually takes eleven months to complete. For athlete soldiers the period can be extended to up to 23 months. After the training, athletes can pursue different careers in the armed forces and even study at one of the military universities to become officers in higher ranks. A total of approx. 800 spots is available to athletes, among which are also Paralympic athletes and athletes in military sports. Athlete soldiers are mostly exempted from their military duties to focus on their sporting development. Training takes place in cooperation with the sport federations and the Olympic Training Centres. The German Federal Police offers a dual- career model for athletes of 21 selected sports, most of which are winter sports. Athletes receive vocational training in an apprenticeship programme as ordinary police officers while also pursuing their sporting career. In contrast to athletes within the armed forces, police athletes live and train at one of the two specific federal police schools. The vocational training phase is extended to 3.5 year for summer sport and four years and two months for winter sport athletes. After the apprenticeship, athletes are fully employed as police officers. Up to 160 athletes can be a part of this programme. Based on this model, a large majority of athletes educated in the system remain with the Federal Police even after their sporting career and pursue different professional paths. Specifically designed for winter sports and in close cooperation with the German Skiing Federation (DSV), the German Customs offers spots for elite athletes in alpine skiing, biathlon, cross-country and Nordic combined. The apprenticeship includes a short vocational training period as ordinary civil servant. Depending on the educational level of the aspirant, athletes can also pursue careers in higher ranks. As of 2021, 64 athletes are designated as athlete civil servants with the German Customs. On the regional level of the German Länder, it is possible 93 to join the police services in 12 of the 16 Länder. Overall, up to 250 athletes can find employment with the police services of the German Länder. Each of the above-mentioned relationship is determined by a legal act and athletes, like all civil servants and soldiers in Germany, do not sign individual employment contracts. Athletes receive the regular salary depending on their rank and in line with the statutory wages of civil servants and soldiers. Working time for all civil servants is stipulated by law at 41 hours per week. Since no specific regulations exist, it must be assumed that the main duty of any athlete in the services of a state entity is his sporting performance. Time spent on training and competition, therefore, must be considered working time and the general regulations apply (Weihnacht 2021). Additionally, civil servants and soldiers are, by law, entitled to 30 days of annual holiday and to parental leave. The Ministry of Defence of Luxembourg also employs athletes as voluntary soldiers in the Army Elite Sport Section. Athletes recommended by the NOC can sign a contract as a voluntary soldier for a duration of four to eight years. A review takes place after three years and athletes receive a regular salary. Approx. 20 athletes are currently employed by the Ministry. Some athletes also have a partnership agreement with the ƉƵďůŝĐ ĂŐĞŶĐLJ ĐĂůůĞĚ ͞> ƵdžĞŵďŽƵƌŐ ƌĂŶĚŝŶŐ͘͟ dŚĞ ĂŐĞŶĐLJ ŝƐ ƌĞƐƉŽŶƐŝďůĞ ĨŽƌŵĂƌŬĞƚŝŶŐ ƚŚĞ country as a brand. On an individual basis, athletes can receive special state-funded sponsorship through different activities connected to endeavours of the agency. In Belgium, athletes with top results at international sport events can join the armed forces by entering into a contract with the Ministry of Defence. Despite being exempted from most of the military duties, the legal and social situation of athlete soldiers does not differ from those of ordinary soldiers. The ĐƵƌƌĞŶƚůLJ Ϯϳ ͞ƚŚůĞƚĞƐ Ăƚ ĞĨĞŶĐĞ͟ ŵƵƐƚ ĐŽŵŵƵŶŝĐĂƚĞ ƚŚĞŝƌ ǁĞĞŬůLJ ƐĐŚĞĚƵůĞ ŽĨ ϯϴŚͬǁĞĞŬ ƚŽ ŚŝƐ supervisor as well as an annual calendar including all training camps and competitions. The athletes receive a regular salary depending on their rank. Furthermore, the two employment services of Flanders and Wallonia offer specific programmes for athletes which are currently unable to combine higher education with elite sport. In close collaboration with the specific public organisations responsible for elite sport (see below) and the respective sport federation, the agencies support the career development of athletes and provide financial support. 94 Figure 3.4: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from public authorities without a generic focus on elite sport of the Central European region. 3.7. The Role of Specific Elite Sport Organisations In four of the six countries, specific elite sport organisations, in line with the concept utilized in this report, exist. These actors are different legal entities: in Belgium and Hungary, the organisations are public entities; in Germany and Austria, they take the form of private organisations. Interestingly, even in the two countries, where no specific organisations exist, the state plays an additional role and offers elite sport specific funding. While in the Netherlands no specific organisation exists, the stipend programme explained in section 4 is fully funded by the Ministry of Public Health, Welfare and Sport. The Fund for Elite Athletes is administered by a board of trustees consisting of representatives of the NOC*NSF, the NOC*NSF ƚŚůĞƚĞƐ͛ ŽŵŵŝƐƐŝŽŶ͕ ĂŶĚ ƚŚĞDŝŶŝƐƚƌLJ͘ /Ŷ Luxembourg, the Ministry of Sport also offers additional financial support for elite athletes through a special leave grant. Elite athletes supported by the COSL can apply for compensation payments for the participation in international competitions. In 2019, a total of 2.122 days has been compensated. In the Belgian communities, specific elite sport organisations play an important role for athletes. In Flanders, the French, and the German speaking community, three specific state agencies are established with the purpose to support and fund elite sports. In Flanders, athletes can be employed as civil servants by Sport Vlaanderen, the public body responsible for sport, in the so-called Elite Sport Employment WƌŽũĞĐƚ͘ƚŚůĞƚĞƐďĞůŽŶŐŝŶŐƚŽƚŚĞ͞ĞůŝƚĞĂƚŚůĞƚĞƐ͟Žƌ͞ƉƌŽŵŝƐŝŶŐLJŽƵŶŐĂƚŚůĞƚĞƐ͟ category of the sport system and active in a discipline of the Olympic programme can sign a fixed-term contract determined by law. Based on the educational level and the assigned grade, athletes receive a regular salary. It is also ƉŽƐƐŝďůĞƚŽƌĞĐĞŝǀĞĨƵŶĚŝŶŐƚŽƐƵƉƉŽƌƚƐĐŚŽŽůĂŶĚƵŶŝǀĞƌƐŝƚLJĞĚƵĐĂƚŝŽŶ;͞ůŝƚĞ^ƉŽƌƚ^ƚƵĚĞŶƚWƌŽũĞĐƚ͟Ϳ͘ 95 Four different models exist: Elite athletes in the Elite Sport Employment Project receive 100% of the scalar salary; promising young athletes in the project receive 50% of the scalar salary. Within the Elite Sport Student Project, elite athletes receive 80% and young athletes 50% of the salary. In addition to the financial support, athletes also receive subsidies for equipment as well as career training and study support. Currently, 58 athletes have an employment contract with Sport Vlaanderen. In the French speaking community, the General Administration for Sport (ADEPS) offers similar opportunities for elite athletes. Here, athletes can sign fixed-term contracts for one year, which can be renewed several times. The requirements are the same as in Flanders and athletes receive a collectively negotiated salary as civil servants. Athletes are also supported with regards to travel expenses, the purchase of equipment and training courses. 68 athletes are employed by ADEPS. In the German-speaking community, the same model is offered by the Department of Sport, Media and Tourism and one athlete is currently employed by the entity. In all three communities, the working time of athletes does not differ from those of ordinary civil servants and is determined at 38 hours per week. These hours are divided between training, competitions and rehabilitation. The employment contract may also include commitments to attend social events to represent the agency. The Wesselenyi Miklos Sports public foundation is the statutory body administering the Gerevich Aladár Sport Scholarship in Hungary. Paragraph 58 (1) of the 2004 Act on Sport establishes that: ͞/Ŷ ŽƌĚĞƌ ƚŽ ĂĐŚŝĞǀĞ ŽƵƚƐƚĂŶĚŝŶŐ ƐƉŽƌƚŝŶŐ ƌĞƐƵůƚƐ Ăƚ ƚŚĞ KůLJŵƉŝĐ 'ĂŵĞƐ͕ WĂƌĂůLJŵƉŝĐ 'ĂŵĞƐ͕ ŚĞƐƐ Olympiad and Special World Games, the Aladár Gerevich Sports Scholarship may be awarded to athletes participating in the Olympic Games, Paralympic Games, Chess Olympiad and Special World Games, as well as to sports professionals who have contributed to their preparation, for a maximum period of four LJĞĂƌƐ͘^ƉŽƌƚƐƐĐŚŽůĂƌƐŚŝƉƐŵĂLJĂůƐŽďĞĂǁĂƌĚĞĚƚŽƐƵƉƉŽƌƚƚŚĞƐƚƵĚŝĞƐŽĨĐŽŵƉĞƚŝƚŝǀĞĂƚŚůĞƚĞƐ͘͟ The scholarships are available to athletes in 22 different sports and include a monthly regular allowance for athletes and student athletes. The funding is provided by the Ministry of Human Resources and its State Secretariat of Sports. The public foundation administers and distributes the scholarship. The board of the foundation is appointed by the Prime Minister and consists of members of the HOC, the NSFs and other national sport governing bodies. The scholarship is also available to amateur athletes. In Germany and Austria, a long tradition of private organisations supporting national elite athletes exist: The German Sport Aid Foundation is the key institution regarding the financial and non-material support of athletes ʹ especially of those athletes without a position with the armed forces or any other public entity. Traditionally, the foundation collected donations and received finances from industry partners. Since 2019, the Federal Ministry of the Interior also funds the organisation leading to an increase of the financial support for elite athletes. In principle, all cadre/squad athletes in Olympic and Paralympic sports are eligible for support of the Sport Aid Foundation. However, the Advisory Committee, in collaboration with the board of directors of the foundation, can decide to exclude certain sports from the financial 96 support scheme. This is the case for several professional sports where athletes can earn enough money from their contracts with clubs. The decisions are made on a case-by-case basis, also distinguishing between different disciplines and gender-ĐĂƚĞŐŽƌŝĞƐ͘ džĞŵƉůĂƌŝůLJ͕ ŵĞŶ͛Ɛ ĨŽŽƚďĂůů ŝƐ excluded from ƐƵƉƉŽƌƚ ŝŶĂůů ĂŐĞĐĂƚĞŐŽƌŝĞƐǁŚŝůĞǁŽŵĞŶ͛Ɛ ĨŽŽƚďĂůů ŝƐ ŝŶĐůƵĚĞĚ ŝŶ ƚŚĞLJŽƵƚŚĐĂƚĞŐŽƌLJ͘&ƵƌƚŚĞƌŵŽƌĞ͕ individual disciplines under the same NSF are distinguished: while for example ski jumpers are eligible for support, athletes in biathlon and alpine skiing are not. To receive the support, athletes are required to sign a standardised support agreement with the foundation. The agreement automatically terminates when the athlete loses his cadre status. Currently, approx. 4.000 athletes, including 500 athletes in Paralympic sports, receive the support of the foundation. The organisation has developed a complex funding scheme for athletes which depends on the cadre status and further individual aspects of the athlete, like whether he is a student or faces specific social conditions. The general monthly financial support͕ĚĞƚĞƌŵŝŶĞĚďLJĂĐŽŵƉƌĞŚĞŶƐŝǀĞƉŽůŝĐLJ;ƐĞĞ'ƵƚĞŬƵŶƐƚϮϬϮϬͿ͕ƌĂŶŐĞƐĨƌŽŵΦϮϬϬĨŽƌLJŽƵƚŚĞůŝƚĞ ĂƚŚůĞƚĞƐƚŽΦϴϬϬĨŽƌŵĞŵďĞƌƐŽĨƚŚĞ͞dŽƉdĞĂŵ͘͟dŚĞĨŝŶĂŶĐŝĂůƐƵƉƉŽƌƚŝƐƌĞĚƵĐĞĚĨŽƌĂƚŚůete soldiers and civil servants. As per coordinated decree of the German Länder, the money is considered an expense allowance and, on this basis, athletes can avoid taxation. This further clarifies that the agreement does not imply a dependent employment of the athlete. Price money is paid to athletes for successes at the KůLJŵƉŝĐ'ĂŵĞƐƌĂŶŐŝŶŐĨƌŽŵΦϮϬ͘ϬϬϬĨŽƌĂŐŽůĚŵĞĚĂůƚŽΦϭ͘ϱϬϬĨŽƌƉůĂĐĞĞŝŐŚƚ͘dŚĞďŽŶƵƐĞƐĂƌĞƉĂŝĚ over a period of twelve months. Depending on the status, further funding opportunities exist including subsidies for boarding school students or additional elite programmes of the industry partners. By signing the agreement with the German Sport Aid Foundation, athletes agree to pay a solidarity payment of 5% of their annual sponsoring related income to the foundation. The amount is capped at a maximum of Φϱ͘ϬϬϬƉĞƌLJĞĂƌ͘/ŶĂĚĚŝƚŝŽŶƚŽƚŚĞĨŝŶĂŶĐŝĂůƐƵƉƉŽƌƚ͕ĂǁŝĚĞĂƌƌĂLJŽĨŶŽŶ-material support programmes is available to elite athletes. These include workshops on social media or different coaching and mentoring programmes. The Austrian ͞ĐŽƵŶƚĞƌƉĂƌƚ͟ĞdžŝƐƚƐŝŶƚŚĞĨŽƌŵŽĨƚŚĞƵƐƚƌŝĂŶ^ƉŽƌƚŝĚ͘/ŶĐŽŶƚƌĂƐƚƚŽƚŚĞŽƚŚĞƌĐŽƵŶƚƌŝĞƐ of the region, the state does not support athletes through any sport specific entity or direct a direct funding model, except for the programme of the Elite Sport GmbH, channelled through the NSFs (see section 5). The Austrian Sport Aid is a private non-profit organisation and does not receive funding from public money. The organisation promotes elite sport through financial and non-material support. Athletes of the elite cadres of the NSFs are eligible to the support programmes and sign a cooperation agreement with the foundation. The agreement is fixed for one year and specifically states that no legal claim for the fiŶĂŶĐŝĂůƐƵƉƉŽƌƚĞdžŝƐƚƐ͘ƚŚůĞƚĞƐǁŝƚŚĂŶŝŶĚŝǀŝĚƵĂůĂŶŶƵĂůŝŶĐŽŵĞŽĨŵŽƌĞƚŚĂŶΦϭϬϬ͘ϬϬϬ are excluded from receiving financial support. Depending on performance criteria, athletes receive a varying amount of financial support in one of three performance categories. The monthly payment of a ŵĂdžŝŵƵŵŽĨΦϭ͘ϬϬϬƉĞƌŵŽŶƚŚ ŝƐƌĞĚƵĐĞĚĨŽƌĂƚŚůĞƚĞĞŵƉůŽLJĞĚďLJƚŚĞĂƌŵĞĚĨŽƌĐĞƐĂŶĚƚŚĞƉŽůŝĐĞ͘ 97 Further financial and non-material support opportunities exist but are dependent on the sport, the status of the athlete and additional sources of income. Figure 3.5: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from specific elite sport organisations of the Central European region. 3.8. Sponsorship, Self-Marketing and Additional Work Standard/model contracts as a service which athletes might use for sponsorship deals are provided by none of the investigated actors in the six countries of the present region, though informal support, as for example practised by the COSL and FLA in Luxembourg and the DOSB in Germany, is offered in some cases. Legal disputes and/or court rulings specifying the relationship between athletes and sponsors have not been held in any of the countries. However, some debates about the relationship between athletes and sponsors occurred for example in Belgium. These centre mainly around cases in which the main (personal) sponsor of an athlete differs from the sponsor of a particular event. Several actors, predominantly the NOCs and specific elite sport organisations, support athletes and provide incentives for self-marketing and commercial opportunities. Different types of vocational training and individual advice are the most common practices, except in Hungary where none of the surveyed actors has developed relevant incentives. In Austria, the ÖOC for example offers 30 selected athletes an ŝŶĚŝǀŝĚƵĂůŵĞĚŝĂƐƵƉƉŽƌƚĨŽƌĂƐƉĞĐŝĨŝĐƉĞƌŝŽĚĂŝŵĞĚĂƚŝŶĐƌĞĂƐŝŶŐƚŚĞĂƚŚůĞƚĞ͛ƐŝŶĚŝǀŝĚƵĂůŵĞĚŝĂǀĂůƵĞ and acquiring additional sponsors. Though there are no specific incentives, the ÖLV supports athletes in identifying possible partners and sponsors as well. While public authorities and specific elite sport organisations in Austria do not provide incentives in the narrower sense, competitive athletes of the Austrian Armed Forces are granted with a special leave of a maximum of five days per year for media appearances. In Belgium, relevant incentives are offered by the COIB, public authorities (e.g. ministries) and specific elite sport organisations (e.g. Sport Vlaanderen, ADEPS), but not by the RBAF. The COIB 98 ĂĐƚŝǀĞůLJƉƌŽŵŽƚĞƐƚŚĞ/K͛Ɛ͞ƚŚůĞƚĞϯϲϱ͟ĂĐƚŝǀŝƚŝĞƐǁŚŝĐŚĐŽŶƚĂŝŶĂŶƵŵďĞƌŽĨŵŽĚƵůĞƐƌĞůĂƚĞĚƚŽƐĞůĨ- branding and entrepreneurship (e.g. sponsorship, sports media). The Ministry of Defence prepares athletes for interviews and other media appearances through specific media training (e.g. internal courses) but does not provide financial incentives. The objective is that the individual athlete can better ͞ƐĞůů͟ ŚĞƌƐĞůĨͬŚŝŵƐĞůĨ ŝŶ ǀŝĞǁ ŽĨ ƐƉŽŶƐŽƌƐŚŝƉ ĂŐƌĞĞŵĞŶƚƐ ĚĞĚŝĐĂƚĞĚ ƚŽ ŽďƚĂŝŶŝŶŐ ĂĚĚŝƚŝŽŶĂů ĨŝŶĂŶĐŝĂl sources. In cooperation with Sport Vlaanderen, tailor made offers are also provided by the Belgian public employment service VDAB. In addition, Sport Vlaanderen and ADEPS offer educational programmes for athletes on various aspects, comprising media-training and specific courses on how to use social media for instance. Sport Vlaanderen also provides athletes with specific career guidance, aimed at increasing ĂƚŚůĞƚĞƐ͛ ƐĞůĨ-knowledge, assessment, and skill development for personal branding and employment purposes (still being developed). Like in Belgium, public authorities and specific elite sport organisations in Germany offer incentives as well. Foremost, the German Armed Forces play an important role in the ƉƌŽŵŽƚŝŽŶŽĨĂƚŚůĞƚĞƐ͛ ƐĞůĨ-marketing. Since 2019, the training of soldiers also includes a module on ͞ĐŽŵŵƵŶŝĐĂƚŝŽŶĂŶĚŵĞĚŝĂ͟;,ĂŚŶϮϬϮϬ͕Ɖ͘ϭϱͿ͘/ŶĂĚĚŝƚŝŽŶ͕ĐĂƌĞĞƌƚƌĂŝŶŝŶŐĂŶĚŵĞŶƚŽƌŝŶŐƉƌŽŐƌĂŵŵĞƐ͕ including social media training and speaker coaching, are implemented by the German Sport Aid Foundation for current and former athletes. The DOSB offers seminars and workshops for athletes and ƚŚĞŝƌ ƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐŽŶǀĂƌŝŽƵƐ ŝƐƐƵĞƐ͕ĂƐ ĨŽƌĞdžĂŵƉůĞŽŶ ƚŚĞ /K͛ƐZƵůĞϰϬ͕ĂŶĚƉƌŽŵŽƚĞƐĂƚŚůĞƚĞƐ͛ communication skills (e.g. interview conduct, presentation, use of social media) through dedicated trainings. On the contrary, in Luxembourg and the Netherlands, incentives are offered solely by the NOC and national athletics federation each, but not by public authorities and specific elite sport organisations. Related incentives created by the COSL and FLA entail informal support to contact potential sponsors and partners in Luxembourg. While the KNAU also limits its activities to providing information on sponsorships, the NOC*NSF furthermore offers financial and leŐĂů ĂĚǀŝĐĞ ǁŝƚŚ ƌĞŐĂƌĚƐ ƚŽ ĂƚŚůĞƚĞƐ͛ sponsorship deals in the Netherlands. Restrictions on self-marketing and commercial opportunities of athletes are stipulated primarily through provisions integrated into the Olympic Charter to which both NOCs and athletes must comply. Recognising the Olympic Charter, first and foremost, the NOCs presuppose that athletes also abide to ƚŚĞǁŝĚĞůLJĐŽŶƚĞƐƚĞĚZƵůĞϰϬǁŚŝĐŚƌĞƐƚƌŝĐƚƐĂƚŚůĞƚĞƐ͛ƐĞůĨ-marketing opportunities during the Olympic Games (IOC 2020, p. 76). Following an amendment presented by the IOC Legal Commission in 2019, on a case-by-case basis, athletes may however negotiate individual deviations from the rule in cooperation with their NOCs which take a core responsibility in its implementation based on key principles defined by the IOC (IOC 2021; Pavitt 2019). However, not only leading bodies of the Olympic movement, but also public authorities and specific elite sport organisations lay down relevant provisions in some countries of the present region. In Austria, neither the ÖOC and ÖLV nor specific elite sport organisations prescribe any specific restrictions, though acknowledging that athletes have to comply with the marketing restrictions of the Olympic Charter during and prior to the Olympic Games. Public authorities however intervene to a greater extent in Austria. According to the implemented rules for competitive sports of 99 the Austrian Armed Forces (Durchführungsbestimmungen für den Heeres-Leistungssport (DBHLS), GZ.: S93738/57-HSpo/2018), there are some conditions and guidelines regarding sponsoring agreements of athletes. Above all, sponsoring agreements may not damage the reputation of the Armed Forces. Obligations due to sponsorship agreements not only have to be pursued outside working time, the ƌŵLJ͛Ɛ Đoncerns and interests must always have priority and all sponsors and supporters must be reported. Sponsorship agreements of military personnel with civil servant status are subject to regulations of § 56 on the reporting obligation of secondary employment in the 1979 Federal Civil Servants Act (Beamten-Dienstrechtgesetz (BDG)). In Belgium͕ƚŚĞK/ĂĚŽƉƚƐƌĞƐƚƌŝĐƚŝŽŶƐƌĞƐƵůƚŝŶŐĨƌŽŵƚŚĞ/K͛ƐƌĞŐƵůĂƚŝŽŶƐ͕ĨŽƌĞdžĂŵƉůĞŝŶƌĞůĂƚŝŽŶƚŽ participation in the Olympic Games or protection of intellectual property. It also acknowledges that other competitions organised by event organisers of the Olympic movement (e.g. EOC or ANOC) might apply similar rules which are specified in a code of conduct. In addition to national equipment, the RBAF also adopts regulations for sponsorships on club shirts based on the rules established by World Athletics (formerly: IAAF) (RBAF 2015). The Ministry of Defence specifies that every elite athlete must ask officially to generate cumulative income in the case self-marketing allows them to earn extra money. However, restrictions generally do not exist as long as there are no conflicts between the values of the Belgian Defence and potential sponsors, respectively a third party. Among the Flemish community, Sport Vlaanderen requires athletes committing themselves to not enter into any relationships with third ƉĂƌƚŝĞƐ ƚŚĂƚ ŝŶĐůƵĚĞ ƉƌŽǀŝƐŝŽŶƐ ǁŚŝĐŚ ĂƌĞ ŝŶ ĐŽŶĨůŝĐƚ ǁŝƚŚ ƚŚĞ ƐƚŝƉƵůĂƚŝŽŶƐ ŽĨ ĂƚŚůĞƚĞƐ͛ ƵŶĚĞƌůLJŝŶŐ employment agreement with its organisation. In the case an athlete might commit herself/himself with a commercial partner, that athlete has a reporting requirement towards Sport Vlaanderen to avoid any conflicts. In Germany, restrictions on self-marketing and commercial opportunities are integrated into regulations of the DOSB to which athletes must comply. As a result of controversial debates and the decision of the German Federal Cartel Office (Bundeskartellamt) from 2019 (2nd Decision Division B2ʹ26/17), the DOSB has published guidelines for German athletes dedicated to ensuring compliance with Rule 40 while allowing them some possibilities for self-marketing (DOSB 2021a). In Hungary, the MOB specifies restrictions on self-ŵĂƌŬĞƚŝŶŐ ĂŶĚ ĐŽŵŵĞƌĐŝĂů ŽƉƉŽƌƚƵŶŝƚŝĞƐ ŽĨ ĂƚŚůĞƚĞƐ ďĂƐĞĚ ŽŶ ƚŚĞ /K͛Ɛ ZƵůĞ ϰϬ͖ major deviations from the general provisions are unknown. While specific restrictions have not been established by any of the investigated actors in Luxembourg, the NOC*NSF and KNAU refer to related issues in the Netherlands. The NOC*NSF for example has its own sponsorship deals and outlines restrictions on sponsoring by personal sponsors as part of the contractual relationship with athletes for the Olympic Games (see section 4). Yet, as in Germany, it is possible to make individual arrangements with the NOC*NSF which are in accordance with Rule 40. In the case the athlete enters into an agreement with the KNAU, it is possible for the federation to stipulate restrictions on personal sponsorship deals since it also has sponsorships of its own. 100 Policies, regulations, or contract provisions that restrict the athlete from pursuing additional work are put into place in most of the investigated countries, though their actual degree of regulation may vary largely. Sponsorship agreements of military personnel with civil servant status in Austria are subject to regulations of § 56 in the Federal Civil Servants Act (BDG), including reporting obligations on secondary employment (see above). In Belgium͕ƚŚĞDŝŶŝƐƚƌLJŽĨĞĨĞŶĐĞƐƚŝƉƵůĂƚĞƐƚŚĂƚĂŶĂƚŚůĞƚĞ͛ƐĞŵƉůŽLJŵĞŶƚ activities outside the field of Defence require prior approval. Unless approved, every elite athlete at the Ministry of Defence who wants to perform extra employment activities during her/his time as an elite athlete cannot continue as an elite athlete within the Defence for that time being. Sport Vlaanderen specifies that an athlete is asked to consult with it in the case she/he would perform additional work. Cases in which an elite athlete has an additional employment relationship are however very exceptional and perhaps even non-existing. Sport Vlaanderen demands full commitment from the athlete related to her/his sporting discipline and therefore always offers fulltime employment agreements. Possible restrictions are thus included in the underlying employment agreement. ADEPS allows for cumulative income, though specifying that this must be authorised by the Administration Générale du Sport (AGS). Restrictions among the German-speaking community do not exist. While related restrictions do not exist in Germany in the narrower sense, additional work by athletes who are employed as civil servants (e.g. Armed Forces) must be approved by the employer. For soldiers, additional work might not be approved if the working time exceeds 1/5 of the regular weekly working time (more than 8h) or if the remuneration amounts to more than 40% of the annual salary of the soldier according to § 20 (4) of the German Soldiers Act (Soldatengesetz, SG) (Federal Law Gazette (BGBl) Part I, 2005-06-07, No. 31, pp. 1482-1509). While amateur athletes can generally enter into sponsorship contracts in Hungary, those with a contract might (not) be allowed to enter into additional employment contracts outside their club. Professional athletes may only fulfil additional work engagements upon written consent of the responsible sports organisation/federation. Whereas the situation is less rigid in > ƵdžĞŵďŽƵƌŐĂŶĚƚŚĞEĞƚŚĞƌůĂŶĚƐ͘^ŝŶĐĞŵŽƐƚŽĨƚŚĞĂƚŚůĞƚĞƐĂƌĞĐŽŶƐŝĚĞƌĞĚ͞ĂŵĂƚĞƵƌƐ͟ŝŶLuxembourg, ǁŝƚŚŽŶůLJĂ ĨĞǁŚĂǀŝŶŐĞŝƚŚĞƌƉƌŽĨĞƐƐŝŽŶĂů͞ƉƌŝǀĂƚĞ͟ĐŽŶƚƌĂĐƚƐƐƵĐŚĂƐĐLJĐůŝƐƚƐŽƌ ƚŚĞƐƚĂƚƵƐĂƐ͞ƐƉŽƌƚ ƐŽůĚŝĞƌ͕͟ƌĞŐƵůĂƚŝŽŶƐŽƌĐŽŶƚƌĂĐƚƉƌŽǀŝƐŝŽŶƐƚŚĂƚƌĞƐƚƌŝĐƚƚŚĞĂƚŚůĞƚĞĨƌŽŵƉƵƌƐƵŝŶŐĂĚĚŝƚŝŽŶĂůǁŽƌŬĂƌĞ applied rarely. Though a contract can in principle contain a non-compete clause and/or a prohibition of other activities, in practise, this is rarely seen in the Netherlands as well. 3.9. Occupational Safety and Health Specific national laws and court decisions on the occupational safety and health of athletes have been established only in some of the investigated countries, while in most of them general national laws can be applied under specific circumstances, for example depending on the legal/contractual status of an athlete. Although to a different extent, occupational safety and health measures for athletes are 101 generally provided by NOCs, national athletic federations, and public authorities in the six countries, including accident insurance, mental and physical health provisions, prevention/information, safety policies, medical check-ups, and access to medical facilities. Whereas only a lower share of specific elite sport organisations provides related measures. For the period of the Olympic Games, athletes generally waive any obligations of the IOC and OCOG in accordance with the IOC Conditions for Participation Form, though some of the actors, especially NOCs, assume specific obligations as well. Outside the Games, NOCs and public authorities owe a variety of health and safety obligations towards athletes. In Austria, particularly the cases of Sahinovic in 2017 and Müller in 2018 have provoked strong implicationƐĨŽƌŵĞĂƐƵƌĞƐŽŶĂƚŚůĞƚĞƐ͛ŽĐĐƵƉĂƚŝŽŶĂůƐĂĨĞƚLJĂŶĚŚĞĂůƚŚ͕ŝŶĐůƵĚŝŶŐĂƌŐƵŵĞŶƚƐĨŽƌĂŐƌĞĂƚĞƌ responsibility on the parts of the ÖOC for instance (see section 3). Liabilities at sporting events are ĨƵƌƚŚĞƌŵŽƌĞŝŶƚĞŐƌĂƚĞĚŝŶƚŽƚŚĞ͞^ƉŽƌƚůĞƌŚĂĨƚƵŶŐƐƉƌŝǀŝůĞŐ͟ which contains typical associated risks of the sports carried out. For other safety hazards which athletes cannot necessarily expect in their sports, event organisers must take liability for. Overall, occupational safety and health measures are provided by the OÖC, ÖLV, and public authorities in Austria. Substantiated by the court ruling in the case of Sahinovic in 2017, the ÖOC may in principle owe specific health and safety obligations towards athletes during the period of Olympic Games, as for example accident insurance. Outside the period of the Games, the Austrian Armed Forces are responsible during working time, and the NSFs owe obligations towards athletes during competitions. The ÖLV for example establishes that all cadre athletes have insurance coverage during training and competition as well as regular medical check-ups. In addition, athletes employed by the Austrian Federal Army have a compulsory accident insurance during working time. The accident insurance in the latter two cases is a private insurance which should not be confused with the accident insurance for athletes with employee status within the compulsory insurance under the General Law on Social Security (Allgemeines Sozialversicherungsgesetz, ASGV). While specific court decisions have not been adopted in Belgium, specific national laws provide critical provisions on the occupational safety and health of athletes. Based on the community decrees (see below), a general health and safety obligation towards athletes lies with the sports federations. Affecting athletes of the Flemish community, the decree on healthy and ethical sport (20 December 2013) includes a number of minimum conditions and incentives for a health-oriented and ethical sports policy of sport organisations and federations at the levels of both grassroots and elite sport. On this basis, elite athletes can for example receive an annual allowance for sports medical screening. Among the French community, the decree on the prevention of health risks in sport (3 April 2014) that comprises a set of obligations for sports organisations and federations requires athletes, in particular competing athletes, to have a certificate of absence of contraindication to the practice of a sport. In Belgium, relevant measures are provided by the COIB, RBAF, public authorities, and by specific elite sport organisations. Outside the Games, the COIB provides athletes with health and safety measures during its training camps and multi-disciplinary competitions, including repatriation, civil liability for all, and medical liability for 102 physiotherapists and doctors. It for example puts a medical team (doctors, physiotherapists, psychological experts) at the disposal of the athletes. This medical support also includes screening and injury prevention, in coŽƉĞƌĂƚŝŽŶ ;Ğ͘Ő͘ ǀŝĂ ƚŚĞ ƉůĂƚĨŽƌŵ ͞WĂŶĞŐĂ͟ͿǁŝƚŚ ƐƉŽƌƚƐ ĨĞĚĞƌĂƚŝŽŶƐ ĂƐǁĞůů ĂƐ financial support from elite sport organisations such as Sport Vlaanderen and ADEPS in the Flemish and French communities, respectively. For elite athletes employed by the Ministry of Defence, physical and medical (entrance) tests are organised. Sporting accidents and others are considered work-related accidents. Though neither specific national laws nor court decisions have been established in Germany, general national laws may apply depending on the legal status of the athlete. However, Weihnacht (2021) points out that athletes who are civil servants find themselves in an unclear status where obligations of civil service law mix with those of the private law of sports clubs, federations, and/or event organisers. German athletes receive an insurance package for the period of the Olympic Games from the DOSB, including accident insurance, liability, legal expenses, baggage insurance, and medical support through doctors and therapists at the venues and the German house (DOSB 2021b, p. 5). Outside the Games, among civil servants, general health and safety obligations fall upon the employer of athletes in sports groups and include a variety of provisions covered by law (Weihnacht 2021). As members of sports clubs, athletes are obliged to safety measures and insurances that are provided by the clubs. It is common in Germany that athletes have insurance coverage provided by their club during training or travels on behalf of the club. Yet, specific elite sport organisations are at the forefront in Germany. The German Sport Aid Foundation for example offers a comprehensive insurance package for all athletes who receive its support, including accident insurance, liability insurance, legal expenses insurance, and international health insurance. The organisation furthermore gives prioritised access to specific medical facilities for athletes, especially to special dentists, ophthalmologists, and private hospitals specialising on sport medicine. Prevention and education on potential sources of harm and risk are usually provided by the Olympic Training Centres. In Hungary, sport-specific national laws on the occupational safety and health of Olympic athletes are integrated into the 2004 Act on Sports. As specified in section 79 § (1) of the Act, the government is ĂƵƚŚŽƌŝƐĞĚƚŽƐƚŝƉƵůĂƚĞƉƌŽǀŝƐŝŽŶƐŽŶĂ͞ ƐƉŽƌƚƐŚĞĂůƚŚĐĂƌĞŶĞƚǁŽƌŬ͘͟ŽŶĐĞŝǀŝŶŐĂĐĐŝĚĞŶƚƐŽĨƉƌŽĨĞƐƐŝŽŶĂů athletes that occur during the practice of a sporting activity as occupational accidents in accordance with 8 § (5), professional athletes generally have an employment contract with their club and/or sports federation in which health and safety regulations must be outlined. As stated above, it is only rarely the case that athletes in Olympic sports have a professional contract. Clubs and/or sports federations (here: ĞŵƉůŽLJĞƌƐͿĂƌĞŽďůŝŐĞĚƚŽŝƐƐƵĞĂ͞ƐƉŽƌƚƐŝŶƐƵƌĂŶĐĞ͟ĨŽƌƉƌŽĨĞƐƐŝŽŶĂůĂƚŚůĞƚĞƐ͕ŝŶĐůƵĚŝŶŐ͞ůŝĨĞĂŶĚƐƉŽƌƚƐ ĂĐĐŝĚĞŶƚ ŝŶƐƵƌĂŶĐĞ ƉŽůŝĐŝĞƐ͘͟ dŚĞ ĨĞĚĞƌĂƚŝŽŶƐ ƐŚĂůů ĨƵƌƚŚĞƌŵŽƌĞ ĞƐƚĂďůŝƐŚ ƚŚĂƚ ƚŚĞ ƐƉŽƌƚ ůŝĐĞŶƐĞ permitting athletes to take part in competition sport is issued only for athletes with a validated sports medical status, implying the conduct of regular health car check-ups as prescribed by 3 § (4) of the Act 103 on Sports. While accident insurance, medical check-ups, and access to medical facilities are provided by the MOB and MASZ, the two organisations do not adopt specific provisions on mental health, physical health, prevention/information, and safety policies in relation to facilities. Table 3.2: Occupational safety and health provisions for athletes in the Central European region. Actor / Occupational safety and health provisions Accident insurance Mental health Physical health Prevention Safety policies Medical check-ups Access to medical facilities NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation *Statutory occupational safety and health provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. Sport specific legal provisions on occupational safety and health for athletes are integrated into Article ϭϮ;͞> ͛ĂƐƐƵƌĂŶĐĞƐŽĐŝĂůĞ͟ͿŽĨƚŚĞϮϬϬϱ^ƉŽƌƚƐ> ĂǁĐƚ in Luxembourg. It is stipulated that athletes shall have a contract with at least one insurance company recognised by the state, predominantly with the Caisse de secours mutuels des sportifs (CSMS), covering liability and accident insurance, among others, adapted to specific sport disciplines. The latter is a complementary health protection that covers services which are not provided for by the compulsory CNS (National Health Fund) administered by the Ministère 104 de la Sécurité sociale. ƚŚůĞƚĞƐ͛ŽďůŝŐĂƚŽƌLJƐƉŽƌƚůŝĐĞŶƐĞĨƵƌƚŚĞƌŵŽƌĞŝŵƉůŝĞƐĂƌĞŐƵůĂƌŵĞĚŝĐĂůĐŚĞĐŬ-up ;ƐƚĂƌƚŝŶŐǁŝƚŚϳLJĞĂƌƐͿ͘ZĞůĂƚĞĚƐƉŽƌƚƐŵĞĚŝĐĂůĞdžĂŵŝŶĂƚŝŽŶƐĂƌĞŽƉĞƌĂƚĞĚďLJƚŚĞƉƵďůŝĐ͞ŵĞĚŝĐo-ƐƉŽƌƚŝĨ͟ based on the modified law of 23 December 2016. While primarily public authorities are responsible for health and safety provisions in Luxembourg, including coverage of various insurance packages, the COSL, NSFs, and specific elite sport organisations establish various tools for prevention and protection as well. Elite athletes have for example the opportunity to be checked regularly in the Luxembourg Institute for High Performance in Sports (LIHPS) and its High-Performance Training and Recovery Center. Students of the Sportlyçée can get medical treatments and mental guidance. Another partner is the Eich Hospital ǁŝƚŚƚŚĞƐƉĞĐŝĂůŝƐĞĚƐƉŽƌƚĚĞƉĂƌƚŵĞŶƚ͞DĠĚĞĐŝŶĞĚƵ^ƉŽƌƚĞƚĚĞƉƌĞǀĞŶƚŝŽŶ͘͟ In the Netherlands, some occupational safety and health measures are provided by the NOC*NSF and KNAU, including accident insurance, physical health measures, prevention/information, medical check- ups, and access to medical facilities. Though Dutch athletes enter into a formal relationship with the NOC*NSF during the Olympic Games, in the case of an acute safety hazard, it is unclear whether or not the NOC*NSF can be liable for related damages. The accident insurance administered by the KNAU covers all athletes and not just professionals. Public authorities and specific elite sport organisations do not implement relevant measures, though insurances for accidents and mental health are usually covered by the (mandatory) medical insurance. 3.10. Social Protection In most of the surveyed countries, general provisions of social protection in national law may apply to athletes depending on their legal/contractual status. In the narrower sense, sport specific social protections in national law have only been implemented in Hungary and Luxembourg, though different types of financial support and social security measures have also been established in some countries such as Austria and Germany, for instance. Except for Austria, relevant court cases on the social protection entitlements of athletes in Olympic sports have not been held in Belgium, Germany, Hungary, Luxembourg, and the Netherlands. In Austria͕ ƚŚĞĐĂƐĞŽĨ^ĂŚŝŶŽǀŝĐ ƐƉƵƌƌĞĚĐŽŶƚƌŽǀĞƌƐŝĂůĚĞďĂƚĞĂďŽƵƚĂƚŚůĞƚĞƐ͛ ƌŝŐŚƚƐ ƚŽďĞ granted with social protection, especially accident and disability insurance, during the Olympic Games. Overall, social protections are provided largely by public authorities of the six countries, followed by specific elite sport organisations. Bodies of the Olympic movement such as NOCs and national athletics federations are less involved. General provisions (general compulsory insurance) made by the public authorities apply on the basis of the ůĞŐĂůƐƚĂƚƵƐŽĨĂŶĂƚŚůĞƚĞĂƐĞŵƉůŽLJĞĞ;͞ŝĞŶƐƚŶĞŚŵĞƌ͟Ϳ͕ǁŚŝůĞƐƉŽƌƚ-specific social protections in national law do not exist in Austria. In the light of the case of Sahinovic, not only Austrian athletes who have an employment contract with public authorities receive a general compulsory insurance and complete 105 ĐŽǀĞƌĂŐĞŽĨƐŽĐŝĂůƉƌŽƚĞĐƚŝŽŶƐ͕ďƵƚĂƌŐƵĂďůLJĂůƐŽƚŚŽƐĞǁŚŽĂƌĞŝŶĂ͞ĨĂĐƚƵĂů͟ƌĞůĂƚŝŽŶƐŚŝƉǁŝƚŚƚŚĞPK during the Olympic Games ought to be granted with social protections (see above). In Belgium, provisions of social protection are related mainly to employment acts and the status of public servants (related to the applicable decree), including entitlements to receive unemployment benefits and health insurance (e.g. hospitalisation insurance). Social protections for athletes are provided by the COIB, ƉƵďůŝĐ ĂƵƚŚŽƌŝƚŝĞƐ͕ ĂŶĚ ƐƉĞĐŝĨŝĐ ĞůŝƚĞ ƐƉŽƌƚ ŽƌŐĂŶŝƐĂƚŝŽŶƐ͘ dŚĞ K/ ĨŽƌ ĞdžĂŵƉůĞ ƌƵŶƐ ƚŚĞ ͞^K> /D͟ ƉƌŽŐƌĂŵŵĞ;͞^K> /ĚĂƌŝƚLJĨŽƌKůLJŵƉŝĐDůůŝƐƚƐ͟Ϳ͘dŚĞƉƌŽŐƌĂŵŵĞǁŚŝĐŚŝƐŵĂŶĂŐĞĚƚŚƌŽƵŐŚĂƐĞƉĂƌĂƚĞ foundation aims to provide financial assistance to Olympic medallists who find themselves in social, societal, and/or financial difficulties after their sporting career.33 In the case athletes are employed by a sports club in Germany, they are obliged to the same general social protection provisions as other employees and workers. General provisions made by public authorities and specific programmes developed by the German Sport Aid Foundation foster the social protection of athletes, including mainly pension/retirement schemes and health care. Police officers and/or soldiers employed by the German Federal Police, respectively Armed Forces, for example receive mandatory health care that is fully provided by the state. Customs officers, like other civil servants in Germany, must have private health care but receive a 50% subsidy on health costs. Private pension schemes are furthermore funded by the BMI and channelled through the German Sport Aid Foundation. When concluding a specific ƉƌŝǀĂƚĞƉĞŶƐŝŽŶĐŽŶƚƌĂĐƚǁŚŝĐŚŝƐĂůƐŽƐƵƉƉŽƌƚĞĚďLJĨĞĚĞƌĂůůĂǁ͕ĂƚŚůĞƚĞƐƌĞĐĞŝǀĞĂŵŽŶƚŚůLJŐƌĂŶƚŽĨΦϮϱϬ to the contract.34 Available to approx. 900 athletes, currently 400 athletes make use of it. A comprehensive policy on occupational disability protection does not exist, though in individual cases funds for affected athletes are established to support athletes. Neither has a specific policy on maternity protection been established for cases in which an athlete loses her squad status due to pregnancy/children. Individual solutions can however be found to uphold the financial support. Unemployment assistance can only be ĐŽŶƐŝĚĞƌĞĚ͞ŝĚĞĂƚŝŽŶĂů͟ĚƵĞƚŽƚŚĞĂďƐĞŶĐĞŽĨĨŝŶĂŶĐŝĂůĐŽŶƚƌŝďƵƚŝŽŶƐ͘ In Hungary, general provisions of social protection may apply to athletes on the basis of an employment contract without any specific income threshold (e.g. statutory maternity protection, accident insurance). While some of the professional athletes are thus covered, amateur athletes with/without a sports contract are not necessarily granted with the listed provisions. Some social protections are provided by the MOB and public authorities, whereas many services such as occupational disability protection, health care, loss of income insurance, and unemployment assistance are not covered. The MOB for example provides 33 Comprehensive information on the Solimeda programme is available at , accessed 5 October 2021. 34 For further information see the website of the German Sport Aid Foundation: < https://www.sporthilfe.de/ueber- uns/medien/pressemitteilungen?tx_news_pi1%5Baction%5D=detail&tx_news_pi1%5Bcontroller%5D=news&tx_ news_pi1%5Bnews%5D=337&cHash=a4269256a9d2051a4a6e74b3aecd26e6> accessed 10 September 2021. 106 maternity protection services. Maternity leave is considered if the athlete would like to continue after giving birth to her child. In this case, payments may be reduced by small percentages and then normalised after birth. Yet, social security costs are paid for athletes in Olympic sports who are employed by a club. The Hungarian state furthermore established a comprehensive pension/retirement scheme consisting of a benefit payable to certain athletes of Hungarian nationality under the provisions of the 2004 Sport Act. This ͞KůLJŵƉŝĐ> ŝĨĞ-ƉĞŶƐŝŽŶ͟;ĂŶŶƵŝƚLJͿŝƐĂƉĞŶƐŝŽŶͬƌĞƚŝƌĞŵĞŶƚƐĐŚĞŵĞĨŽƌŵĞĚĂůůŝƐƚƐŽĨƚŚĞKůLJŵƉŝĐ'ĂŵĞƐĂŶĚ other athletes with outstanding results in sport given by the State Secretariat of Sports. Relevant rules are set out in the Act (§ 59-ϲϭͬ͗͞KůLJŵƉŝĐƌĞŶƚ͟ͿĂŶĚƚŚĞŐŽǀĞƌŶŵĞŶƚĚĞĐƌĞĞŽŶƚŚĞKůLJŵƉŝĐĂůůŽǁĂŶĐĞĂŶĚ have been amended in a number of cases since the adoption of the legislation. The law also contains detailed provisions on eligibility (approved by the sports administration agency), submission of claims, payments, the right to claim, possible ineligibility, and the withdrawal of the pension. In 2017, approximately 860 persons received such a pension including athletes, coaches, and widows of athletes. The pension is not a fixed amount, but an amount calculated by the Central Statistical Office as the average nominal gross national wage and salary income of the previous year. The second and third place finishers receive sixty and forty percent of this amount, respectively. In addition, the Hungarian Government awards ƚŚĞƚŝƚůĞŽĨƚŚĞ͞EĂƚŝŽŶ͛ƐƚŚůĞƚĞ͟ƚŽ͞ƚǁĞůǀĞĂƚŚůĞƚĞƐŽĨ,ƵŶŐĂƌŝĂŶƐƉŽƌƚŚĂǀŝŶŐƚƵƌŶĞĚƐŝdžƚLJ;ϲϬͿLJĞĂƌƐŽĨ age and having ĂƚƚĂŝŶĞĚ ŽƵƚƐƚĂŶĚŝŶŐ ĂĐŚŝĞǀĞŵĞŶƚƐ͟ ĂŶĚ ŐƌĂŶƚƐ ƚŚĞƐĞ ĂƚŚůĞƚĞƐ Ă ůŝĨĞ-time pension as stipulated in § 62 of the Act. The compulsory social protections under the national health fund (CNS) generally apply to all athletes in Luxembourg. Although labour law does not contain a special mention of professional athletes in Luxembourg ǁŚĞƌĞ͞ƐƉŽƌƚƐŵĂŶͬƐƉŽƌƚƐǁŽŵĂŶ͟ŝƐŶŽƚƌĞĐŽŐŶŝƐĞĚĂƐĂƐƉĞĐŝĨŝĐƉƌŽĨĞƐƐŝŽŶ͕ĞĂĐŚĂƚŚůĞƚĞ;ŽŶ every level, including amateurs) is furthermore protected with her/his sport license and/or employment relationship via additional social insurances (e.g. CSMS - see section 9). Apart from the provisions under Article 12 of the Sports Act on social insurances for athletes in Luxembourg, in accordance with Article 14 ŽŶĞůŝƚĞĂƚŚůĞƚĞƐ;͞ƐƉŽƌƚŝĨĚ͛ĞůŝƚĞ͟Ϳ͕ƚŚĞƐƚĂƚĞŵĂLJ furthermore cover the (entire) social security costs in the ĐĂƐĞĂŶĞůŝƚĞĂƚŚůĞƚĞ͛ƐǁĂŐĞŝƐͬĨĂůůƐďĞůŽǁƚŚĞŶĂƚŝŽŶĂůŵŝŶŝŵƵŵƐĂůĂƌLJ͘ Additional legal statutes on sport specific related social protections are currently being prepared in Luxembourg. Social protections, including pensions/retirement schemes, occupational disability protection, health care etc. (see above) are provided solely by public authorities. In the Netherlands, for most provisions the athlete must qualify as an employee with an employment contract. In this case, the athlete can apply for basic social security provisions, including pension insurances (after 67 years), based on the general legal framework for people who live (d) in the Netherlands. On the basis of this employment contract, the state provides athletes with social protections such as pension/retirement schemes, occupational disability protection, health care, loss of income insurance, and unemployment assistance. All these provisions are ensured by the national government, without any special arrangements for professional athletes except for athletes who are part of a stipend programme. In fact, 107 the latter also qualify for social security benefits because the agreement between the athlete and NOC*NSF is considered an employment contract for tax and social security purposes. The scholarship, thus, brings athletes into the realm of state statutory social protection. Maternity protection and leave are administered by the KNAU and are only applicable in the case of an employment contract between the federation and the athlete. Table 3.3: Social protection provisions for athletes in the Central European region. Actor / Social protections Pension / Retirement scheme Occupational disability / Loss of income protection Health care Maternity protection / Parental leave benefits Unemployment assistance NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation ( ) * Statutory social protection provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. Public debates about precarious / risky social conditions of (former) athletes in Olympic sports have taken place in the majority of the present countries. Public debates on the (high) tax rate applicable to Olympic bonuses for athletes, the limited social security contributions athletes (mainly football players) have to pay, and the lack of career perspective after the elite sporting career have been held in Belgium. The latter has ďĞĞŶĂŶƐǁĞƌĞĚůĂƌŐĞůLJďLJĂŶƵŵďĞƌŽĨŝŶŝƚŝĂƚŝǀĞƐŽŶĚƵĂůĐĂƌĞĞƌ͘dŚĞƚŽƉŝĐŽĨĂƚŚůĞƚĞƐ͛ƉĞŶƐŝŽŶƐŚĂƐĐĂƵƐĞĚ public debates in Germany (Breuer et al. 2018). The public subsidies channelled through the German Sport Aid Foundation (see above) now provide a first approach to solve this issue. Several abuse scandals (e.g. sexual violence) also spurred public debate about the social conditions of athletes in both elite and leisure sports (Ohlert et al. 2018). ThĞůĂƚƚĞƌƚǁŽŝƐƐƵĞƐŚĂǀĞĂƉƉĞĂƌĞĚŽŶƚŚĞĂŐĞŶĚĂŽĨƚŚĞ'ĞƌŵĂŶƵŶĚĞƐƚĂŐ͛Ɛ Sport Committee. Heink (2012) furthermore underlines that breaches with the applicable working time acts are common in professional sports. In Olympic elite sports, Breuer et al. (2018) show that the income of athletes is in general very low, especially under consideration of their working hours and gross hourly income/wages. Public debates have also emerged in Hungarian sport. In the past, some Olympic champions sold their medal since they struggled to make a living. The question arose how to ensure the livelihood and 108 financial security of retired athletes, leading to a pension for retired athletes as stated above. However, only those with the most outstanding results are included, while those competing at the national (and international) level may still experience problems. In Luxembourg, public debates for example emerged in relation to a considerable number of talented Luxembourgian athletes who leave the country in their striving for sporting excellence due to presumably promising career prospects abroad, leading to the creation of the LIHPS, among others. The latter is primarily aimed at supporting Luxembourgian elite athletes, but also offers programmes and activities for foreign athletes. With the creation of the LIHPS, dual career has for example become a mandatory funded pillar. Public debates in the Netherlands have for example been held in relation to occupational disability payments that are limited to athletes with extraordinary sporting success, respectively world class performance. 3.11. Participation and Bargaining With regard to the representation of interests of Olympic athletes, there is no specific employment or labour-related representation of interests in most countries. In all six countries under investigation, there ĂƌĞĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐŝŶƚŚĞEĂƚŝŽŶĂůKlympic Committee. In Austria, Belgium, Luxembourg and the EĞƚŚĞƌůĂŶĚƐ͕ĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶƐĂůƐŽĞdžŝƐƚŝŶƚŚĞEĂƚŝŽŶĂůƚŚůĞƚŝĐƐ&ĞĚĞƌĂƚŝŽŶ͘tŚŝůĞŝŶƚŚĞGerman ĐĂƐĞ ŽĨ ƚŚĞ ŶĂƚŝŽŶĂů ĂƚŚůĞƚŝĐƐ ĨĞĚĞƌĂƚŝŽŶ ŶŽ ĂƚŚůĞƚĞ ďŽĚLJ ĞdžŝƐƚƐ͕ ĂŶ ĂƚŚůĞƚĞƐ͛ ĐŽŵŵŝƐƐŝŽŶ ǁŝůů be implemented in the Hungarian federation MASZ until 2024. The explicit role of these commissions in shaping employment relations of athletes remain questionable. In Hungary, the position of the ͞general ombudsman͟ is implemented, whose most important task is to investigate cases of abuse of constitutional rights and to initiate general or specific measures to remedy them. As a rule, there is no athlete representation in the specific national elite sport organisations, only in Belgium in the case of the Flemish Community such a representation has been implemented. In contrast, athletes who are employed in state organisations have the regular participation mechanisms that are anchored in national labour relations. Specific bargaining agreements do not exist between athletes and the sports organisations. The athletes͛ agreements have a different character and are mostly prescribed by the federation. In the investigated countries, independent athlete associations and organisations exist in Germany and the Netherlands. In Germany, the general assembly of athlete representatives, the body electing the ŵĞŵďĞƌƐŽĨ ƚŚĞƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶŽĨ ƚŚĞK^͕ŐĂǀĞĂǀŽƚĞ ƚŽĞƐƚĂďůŝƐŚĂŶ ŝŶĚĞƉĞŶĚĞŶƚĂƚŚůĞƚĞ association in 2017. In the following months, an organisation under German club law, called Athleten Deutschland (Athletes Germany) was founded. The independent organisation supports the work of the K^ƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶǁŝƚŚƉƌŽĨĞƐƐŝŽŶĂůƐƚĂĨĨĂŶĚƌĞĐĞŝǀĞƐĨƵŶĚŝŶŐĨƌŽŵƚŚĞ&ĞĚĞƌĂůDŝŶŝƐƚƌLJŽĨƚŚĞ 109 Interior since 2018 (Seltmann 2021). Although not a union under German law, the association can file class action suits on behalf of its members (Athleten Deutschland 2020) and has been addressed by the German Federal Cartel Office on the complaint against Rule 40 of the IOC Charter (see section 8). In the Netherlands, NL Sporter is an association of athletes that provides support for elite athletes. The organisation mainly offers individual legal advice to athletes and does not qualify as a trade union under Dutch law.35 While the influence of (sports) trade unions generally is limited in the investigated countries, the Confederation of Christian Trade Unions of Belgium (ACV / CSC) offers the opportunity for youth and top- level athletes to become a member within the sector grouping CSC Sporta, United Sports and provides support to athletes in negotiations with clubs and federations.36 3.12. Specificities, Current Conflicts and Issues In five of the six countries under scrutiny, no employment or labour-related conflicts have been highlighted in recent years. The situation is different for Germany. The founding of the organisation Athletes Germany as an independent association caused conflicts and highlighted the lines of tension vis-à-vis the DOSB. The DOSB rejected the foundation because the umbrella association considered itself as the exclusive representation of the athletes and spoke out against the plan to establish structures beyond organised sport. In the end, the founding act took place with the strong involvement of politics. In addition to political conflicts, legal disputes are also pending in Germany. For example, in a decision by the Regional Court of Frankfurt am Main (OLG Frankfurt a. M. 07.10.2020; 2-06 O 457/19), a ruling ǁĂƐ ŵĂĚĞ ŽŶ ƚŚĞ ĐŚĂƌĂĐƚĞƌ ŽĨ ĂƚŚůĞƚĞƐ͛ ĂŐƌĞĞŵĞŶƚƐ ĂƐ ŐĞŶĞƌĂů ƚĞƌŵƐ ĂŶĚ ĐŽŶĚŝƚŝŽŶƐ͕ ǁŚŝĐŚ fundamentally strengthened the position of athletes. The same applies to the decision of the Federal Cartel Office (Bundeskartellamt), which granted German athletes more advertising opportunities at the Olympic Games. However, the ͞ƵŶĚĞƐŬĂƌƚĞůůĂŵƚ͟ĚŝĚŶŽƚĨŽůůŽǁƚŚĞůŝŬĞǁŝƐĞĚĞŵĂŶĚĞĚƉĂƌƚŝĐŝƉĂƚŝŽŶ of athletes and coaches in the IOC revenues. 35 Further information on NL Sporter can be found here: https://www.nlsporter.nl/ 36 For further detail on the union, please visit: https://www.lacsc.be/la-csc/secteurs/sport-et- detente/secteurs/223.00-sport/jeunes-et-sport-de-haut-niveau-united-athletes-les-soutient 110 Literature Chapter 3 ƚŚůĞƚĞŶĞƵƚƐĐŚůĂŶĚĞ͘s͘;ϮϬϮϬͿ͚^ĂƚnjƵŶŐĚĞƐsĞƌĞŝŶƐΗƚŚůĞƚĞŶĞƵƚƐĐŚůĂŶĚĞ͘s͘Η͕͛ͤŚƚƚƉƐ͗ͬͬĂƚŚůĞƚĞŶ- deutschland.org/wp-content/uploads/20201114_ADeV_Satzung-2020_Reinfassung-ϭ͘ƉĚĨ͕ͥĂĐĐĞƐƐĞĚϭϬ November 2021 Breuer, Christoph, Wicker, Pamela, Dallmeyer, Sören and Ilgner, Michael (2018) Die Lebenssituation von Spitzensportlern und -sportlerinnern in Deutschland (Bonn: Bundesinstitut für Sportwissenschaft) ƵŶĚĞƐŬĂŶnjůĞƌĂŵƚPƐƚĞƌƌĞŝĐŚ;ϮϬϮϬͿ͚ƵƐsĞƌĂŶƚǁŽƌƚƵŶŐĨƺr Österreich: Regierungsprogramm 2020-ϮϬϮϰ͕͛ Druckerei Walla GmbH, Wien Deutscher Olympischer Sportbund (DOSB) (2021a, 10 May) Werbemöglichkeiten und -grenzen während der Olympischen Spiele Rule 40 und Social Media Leitfaden des DOSB für Deutschland (https://cdn.dosb.de/user_upload/Olympische_Spiele/Tokio_2020/Leitfaden_Rule40_DOSB_2019_v1.pdf) Deutscher Olympischer Sportbund (DOSB) (2021b, 2 March) TEAM D-VEREINBARUNG FÜR ATHLET*INNEN (https://cdn.dosb.de/user_upload/Olympische_Spiele/Tokio_2020/Team_D- Vereinbarung_fuer_Athletinnen_final.pdf) Esping-Andersen, Gøsta (1990) The three worlds of welfare capitalism (Princeton, N.J: Princeton Univ. Press) 'ƵƚĞŬƵŶƐƚ͕dŚŽŵĂƐ;ϮϬϮϬͿ͚&ƂƌĚĞƌƵŶŐĚĞƌďĞƌƵĨůŝĐŚĞŶƵŶĚƉĞƌƐƂŶůŝĐŚĞŶŶƚǁŝĐŬůƵŶŐĚƵƌĐŚĚŝĞĞƵƚƐĐŚĞ ^ƉŽƌƚŚŝůĨĞ͕͛Leistungssport, 50:6, 11ʹ13 Hahn, AndreĂƐ͕ŝŶŶĞƌ͕:ŽĐŚĞŶĂŶĚ^ĐŚƂŶŚĞƌƌ͕ ĂǁŽŶ^ŝĐŬŶĞƐƐĂŶĚDĂƚĞƌŶŝƚLJ Social Insurance under which sportswomen have no right to a maternity benefit declared unconstitutional -͛ Fulton, Lionel (2013) Worker representation in Europe. Labour Research Department and ETUI Minister of National Defense (2020) ͚ĞĐLJnjũĂEƌϭϮϲͬDKEDŝŶŝƐƚƌĂKďƌŽŶLJEĂƌŽĚŽǁĞũnjĚŶŝĂϭϲǁƌnjĞƑŶŝĂϮϬϮϬ ƌ͘njŵŝĞŶŝĂũČĐĂĚĞĐLJnjũħǁƐƉƌĂǁŝĞĨƵŶŬĐũŽŶŽǁĂŶŝĂƐƉŽƌƚƵǁ^ŝųĂĐŚďƌŽũŶLJĐŚZnjĞĐnjLJƉŽƐƉŽůŝƚĞũWŽůƐŬŝĞũ͛ Ministry or Culture, National Heritage and Sport (2021) ͚^ƚLJƉĞŶĚŝĂ- Ministerstwo Kultury, Dziedzictwa Narodowego i Sportu - WŽƌƚĂů'Žǀ͘Ɖů͛ Polish Athletics Association (2016) ͚^ƉƌĂǁŽnjĚĂŶŝĞnjĚnjŝĂųĂůŶŽƑĐŝW> ;ZĞƉŽƌƚŽŶƚŚĞĂĐƚŝǀŝƚŝĞƐŽĨ Polish Athletics ƐƐŽĐŝĂƚŝŽŶͿ͛ Polish Athletics Association (2020) ͚^ƉƌĂǁŽnjĚĂŶŝĞnjĚnjŝĂųĂůŶŽƑĐŝnjĂƌnjČĚƵǁϮϬϭϵƌŽŬƵ;ZĞƉŽƌƚŽŶĂĐƚŝǀŝƚŝĞƐŽĨƚŚĞ DĂŶĂŐĞŵĞŶƚŽĂƌĚŝŶϮϬϭϵͿ͛ Public Opinion Research Center (2013) Membership in Trade Unions and Opinions About Their Work Seimas of the Republic of Lithuania (2016) Labor Code of the Republic of Lithuania Seimas of the Republic of Lithuania (2019) Sports Law 131 5. South-Western Europe Luiz Haas, Thiago Santos This Regional Report (South-western Europe) focuses on France, Italy, Malta, Portugal and Spain. 5.1. Background National Sport Systems In the National Sports System context, we were able to identify common and divergent points in the way these countries are organized. Regarding the mention of sport in the national constitution, it is noted in the countries surveyed that in Portugal and Spain have this reference in their constitutions. On the other hand, speaking about the legal framework and specific laws about sports, all five countries that are part of this report have references and legal provisions on the theme. One of the most promising examples of the mentioned countries is the Spanish sport law enacted in 1990 and updated through the organic laws of 2007 and 2013 which deal, among other things, with the ƉƌŽƚĞĐƚŝŽŶ ŽĨ ƚŚĞ ĂƚŚůĞƚĞ͛Ɛ ŚĞĂůƚŚ ĂŶĚ ƚŚĞ ĨŝŐŚƚ ĂŐĂŝŶƐƚ ĚŽƉŝŶŐ ŝŶ ƐƉŽƌƚƐ ĂĐƚŝǀŝƚies, violence, racism, xenophobia and sports intolerance. Four of the five countries referred to have National Elite Sports Organisations (public, private or intermediate). In France the aim of Agence Nationale du Sport (National Sport Agency, ANS) is to support elite sport development but also grassroots sport. As far as the support of elite sport is concerned, one can find four main areas of intervention: (1) financial and human support for the national federations, (2) financial and human support for the athletes, (3) financial support for sport venues and (4) financial and human support for data collection and research on the optimization of performance. Providing financial support to around 2700 high-performance athletes, the ANS equally promotes the creation of employment contracts between enterprises and athletes. In Portugal, the Instituto Português de Desporto e Juventude (Sport and Youth Portuguese Institute, IPDJ) is the national agency that is also linked to the development of activities aimed at youth and is not just an agency related to sports. In addition, the main actions for the development of elite sport are concentrated in the National Federations with the support of the Portuguese National Olympic Committee. In Spain, the Asociación de Deporte Olímpicos (Olympic Sports Association, ADO) emerged in 1988 as a basic initiative to support elite sport, in view of the Barcelona 1992 candidacy: its partners are two autonomous public entities Consejo Superior de Deportes (CSD) and Radio Televisión Española (RTE) and a private one, the Spanish Olympic Committee. ADO complements the direct aid granted by the Government (CSD) to the National Federations for High Performance (see section 7). Also, in Spain, there are several patronage / crowd funding actions (which is not sponsorship). 132 Complementarily, in Malta, the SportMalta is an organisation that operates under the supervision of the Parliamentary Secretary for Recreation, Sports and Voluntary Organisations within the Ministry for Inclusion and Social Wellbeing and its objective is to lead the development of sport in the country. In addition, the Maltese Olympic Committee is the Malta's authority relating to the country representation at all games under the jurisdiction of the International Olympic Committee. In collaboration with SportMalta and the 44 National Associations, the Malta Olympic Committee develops initiatives towards the projection of elite sport in the country. At the Summer Olympics organised in Tokyo in 2021 these five countries participated with a respective number of athletes: France, 393 athletes; Italy, 384 athletes; Malta, 6 athletes; Portugal, 92 athletes; and Spain, 328 athletes. At the winter Olympics in Pyeongchang in 2018 the numbers are lower in France (108 athletes), Italy (128 athletes), Malta (1 athlete), Portugal (2 athletes) and Spain (13 athletes). Regarding the number of athletes that integrate a national elite sport programme, data were found in Portugal with 892 athletes, Spain with 4985 athletes and France with 4806 athletes. Malta and Italy do not have these data available. 5.2. Background: National Employment Relations and Welfare Regimes In terms of employees' rights and structures for regulating labour law, when we analyse the responses given by the countries involved, we find that there is a very uniform structure resulting from the influence of the European Union. And this group is no exception as we will see. In Italy, the rights of employees are stated in the Italian Constitution (specifically in articles 35, 36, 37 and 38). These rules mention the right to be protected by a welfare and assistance system, the right to a fair salary and the right to an equal treatment between men and women. Also, the Civil Code provides specific rules for employees and for independent contractors. In the case of Malta, the employment relations are governed by Chapter 452 of Laws of Malta Employment and Industrial Relations Act. The Department for Industrial and Employment Relations is the relevant department to govern labour law. In the Portuguese case, the right to work is provided by the national constitution in its article 58, stating in its number 1 that everyone has the right to work. And it is up to the State, through the application of economic and social policy plans, to guarantee the right to work. However, in terms of specific law, the right to work is regulated by the Labour Code - Law No. 7/2009, of February 12th. In France the major legal act which shapes the fields of employment and self-employment is the French Labour Law. However, as far as sport is concerned, the major legal act which shapes the fields of employment and self-employment is the National Collective Convention of Sport. This convention 133 specifies employment conditions, work conditions and social guarantees for anybody who is working in the sport sector in France (apart from equestrian sports and golf which have a specific national collective convention). Whereas in Spain all these broad constitutional articles are developed through an organic law (of the highest level) called the Worker's Statute. In relation to employment and self-employment, employment for third parties is managed through an employment contract (usually in writing, although in sport there may be verbal agreements) which has several modalities. The Government announces a simplification of the hiring modalities in permanent, fixed, discontinuous and temporary/training. And self-employment has double regulations. On the one hand, fiscal, by which the individual entrepreneur must register as a professional or entrepreneur with the Tax Agency; on the other hand, labour, for which you must register in the Special Regime of the Self-Employed Worker (RETA) and pay a monthly fee as a contribution to Social Security. In general, all countries guarantee that the maximum limits for either daily or weekly work are fixed in their labour laws, with the average of the countries being around eight hours a day. In addition to these, workers can work two more hours on an extraordinary basis which gives an average weekly limit of 40 hours. Similar is the concept of employment contract; all of these countries provide either employment contracts on fixed terms or for an uncertain term, or even without term. The rules arise from the application of European directives that determine some standardization with regard to the protection of workers' rights. Maternity is another protection of a social nature that is common to this group of countries. On average, parents are entitled to follow-up with their children after birth for a period of 120 to 160 days, with full wages being guaranteed. However, pregnancy risk is also a concern, and the pregnant woman may enjoy a maternity leave. The educational leave is not such a peaceful issue. In Portugal the law provides for annual compulsory training (35hrs). In addition, the Decree Law 55/2019 establishes the status of student-athlete in higher education, which aims to adopt mechanisms to support the development of dual careers for student- athletes. Some initiatives of this statute are to allow student-athletes to choose the frequency and timetable that best suits their sports activity, relief of absences that are motivated by participation in official competitions, and flexibility in formal moments of individual assessment that coincide with the competition days. In the Italy, the student-athlete has the right to leave for study days, and exam days are duly justified. Already in Malta the Ministry of Education is the organisation responsible for indicating initiatives in this regard. As seen, even though this theme seems to be a concern of the countries analysed, there are different approaches between them. 134 According to the 2012 Working Conditions Laws Report (ILO 2014), published by the International Labour Organisation, most European countries allocate between 20 and 23 days of paid annual holidays. At European level and in accordance with a European Parliament directive (Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003), 20 days of vacation is the legal minimum. dŚŝƐĂĐƚĚĞĨŝŶĞƐƐƵĐŚƌĞŐƵůĂƚŝŽŶƚŚĂƚ͞ǁŽƌŬĞƌƐŚĂǀĞƚŚĞƌŝŐŚƚƚŽŚĂǀe at least four weeks of paid vacation ƉĞƌLJĞĂƌ͘͟&ƌĂŶĐĞŝƐĂƚƚŚĞƚŽƉŽĨƚŚĞůŝƐƚǁŝƚŚϯϬĚĂLJƐŽĨǀĂĐĂƚŝŽŶ͖WŽƌƚƵŐĂůŚĂƐĚĞĨŝŶĞĚϮϮĚĂLJƐĨŽƌŝƚƐ workers; in Italy the number of vacation days due to employees varies depending on the applicable collective bargaining agreement, however, 20 days of annual vacation is guaranteed; Malta has defined 24 days; and Spain guarantees (21 days). Contractual freedom and the existence of union structures are common to this group of countries. Workers and employers are free to establish among themselves the type of contracts that they see fit to best satisfy them. With contractual freedom being evident here, they can freely fix the clauses of their contracts, working hours, and salaries, as long as they do not conflict with this as provided for in their respective labour laws. The representation of workers through unions is another of the acquired rights. Generally speaking, depending on the area of activity, all countries demonstrated that they have unions representing workers, both from the public and private sectors. The most represented are public sector workers, namely teachers, or civil servant unions. In the private sector, transport or commerce workers are the most represented. After analysing the data provided, we realize that once again, as a result of European standardization, all countries reveal that they have concerns about their workers. The existence of a public health system with free or very low-cost access is common to all countries. However, there are some differences in certain areas of work, particularly in Spain where sports athletes are required to take out private insurance to ensure greater coverage (see section 9 and 10 for further detail). In the event of an accident, all countries guarantee a period of recovery without prejudice to the worker, where she/he is compensated for the loss of her/his wages. In the Italian case, this is supported by the Republic Presidential Decree no. 1124/65; Legislative Decree no. 38/2000; Legislative Decree no. 69/2013 or in France Public Health Code, Social Security Code and Work Code. In this group of countries, the existence of protection for the elderly and all those who had a contributory career is also considered. There are two types of pensions, namely the old-age pension, which in the vast majority of cases applies after 66 years (in the Spanish case, in France and Italy after the age of 67). In the case of retirement, a period with effective discounts for the social protection scheme of the respective country. For example, in Italy the minimum period of discounts is 20 years, in Spain 35 years, In France and Malta, some contribution periods are considered, added to the minimum retirement age, 135 which is 62 years. In Portugal, the minimum age of 66.5 years of age is added to the minimum period of 15 years of discounts. Unemployment and re-entry into the labour market is another of the social concerns of this group of countries. All of them have measures to support workers who have lost their jobs, with measures to encourage their professional reintegration. Support varies between countries, but in general require a prior period of contributions to the respective social protection schemes and age limits defined by the labour laws. With regard to long-term care benefits, we note that the various countries show a concern with regard to the support to be provided to the neediest, promoting low-cost social housing and financing support for the disabled. In countries such as France the disabled child education allowance is intended to support people who have a dependent disabled child. It is not dependent on the level of income. An additional allowance may be granted if the handicap requires high expenditure or help from a third party. The disability allowance is a personalized allowance intended to finance the needs related to the loss of independence by disabled people. It covers human assistance, material assistance (fitting of facilities in accommodation and vehicles), in addition to assistance from guide dogs. 5.3. Legal Status of Athletes in Olympic Sport There are no specific measures related to sport in national labour legislation in Portugal. Since 1998 there has been specific legislation for employment contracts for professional athletes and athletes in training in the youth categories. Although this legislation ends up meeting the specifics of football. In the last years, some legislative developments allowed some improvements in Olympic athletes' relationship with their professional lives, particularly concerning the requirement of athletes to be present in competitions without suffering any loss of remuneration since 2013 established by law no. 45/2013 of April 5th. However, due to the general understanding that athletes are volunteers, no known legal disputes result from labour issues. Olympic athletes are entitled to a grant, granted through a tripartite contract signed between the NOC, the IPDJ and the athlete, for their permanence in the sports preparation programme with a view to their presence in the Olympic Games. Olympic athletes are entitled to a grant, granted through a contract signed between the NOC and the IPDJ. The formalization of the integration process in this Programme is concluded with the signing of a contract between the NOC, the National Federation, the athlete, and the coach. The criteria for integration in the Olympic Preparation Project aim to recognize the results obtained in the primary competitions Ͷ Olympic Games, World Championships and European Championships Ͷ with a view to participation in the OGs at a level not lower than the result that conferred integration. Permanence in the Olympic Preparation Project is subject to a technical evaluation on an annual basis, depending on the criteria that gave access to integration in the Program. In this way, a common employment contract is not constituted, but rather funding aimed at 136 supporting the development of sports results, with tax exemption and without social benefits arising from this integration. In Spain, there is also specific legislation to regulate professional athletes (Real Decreto 1006/1985, de 26 de Junio), and as in Portugal, the focus of the legislation is football athletes. However, it applies to professional athletes from other sports. According to this law, professional athletes are those who, under a relationship regularly established, voluntarily practice sport on their behalf and within the scope of organisation and management of a club or sports entity scope (except National Federations) in exchange for remuneration. The legislatŝŽŶ ƌĞŐƵůĂƚĞƐ ƚŚĞ ĐŽŶƚƌĂĐƚ͛Ɛ ĐŽŶƚĞŶƚ͕ ŚŽůŝĚĂLJƐ͕ ǁĞĞŬůLJ ƌĞƐƚ ĨŽƌ ƚǁŽ consecutive days, temporary transfers, and special issues as concentrations, trips, and hours dedicated to national teams. There are no regulations concerning wages. However, working time is regulated by the act that states that press conferences and awards ceremonies are considered as part of working time. As seen, there is no employment contract between the athletes and the Spanish National Federations. In Italy, there are no specific measures to regulate the sport in the national labour law. Nevertheless, the current legislation regulating sport (Law No. 91 of March 23, 1981) mentions that professional sportsmen and women are athletes who carry out sporting activities in return for payment on an ongoing basis within the framework of the disciplines regulated by the Italian Olympic Committee (CONI). Currently, athletes who practice soccer, basketball (only in the A1 category), cycling and motorcycling can be considered professionals and can legally enter into an employment contract. However, all the other athletes are qualified as amateurs and are not eligible to enter into an employment contract. There are no contractual relationships between athletes and the NOC or the national athletics federation outside or during the period of the Olympic Games. However, athletes can enter into employment contracts with the Armed Forces or State Corps. In these cases, the relevant laws applicable to the employment of public employees specify these employment contracts (qualification, duration of the contract, termination). In addition, the salary must comply with the minimum basic salary established by the applicable collective bargaining agreement based on the employee's qualification. In France, the national labour law does not provide specific measures to regulate sport. However, the National Collective Convention of Sport specifies employment conditions, work conditions, minimum wages and social guarantees for anybody working in the sports sector in France (apart from equestrian sports and golf, which have a specific national collective convention). The French Code du Sport further has an impact on the employment relations of athletes in Olympic sports in many important aspects, especially with regards to the relationship between athletes and sport organisations, occupational safety and health and social protection. The French armed forces employ some athletes bringing them into the realm of public employment law. 137 In Malta, the national labour law does not provide a specific measure to regulate sports. Employment opportunities for athletes with any of the four actors do not exist either. Together with the Maltese Olympic Committee, SportMalta identifies potential Olympic gold medal winners who will be given a professional status. This means that these athletes may focus only on training and competition, creating the necessary ambience for the athlete to perform. Table 5.1: Potential employment relationships of athletes in the South-western European region. Actor / Employment contract available FRA ITA MAL POR ESP NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport Specific elite sport organisation There are no court cases in Portugal, France, Spain and Malta. In Italy, there are a few cases where the amateur athletes are considered as employees of the National Federations (Court of Pescara, October 18, 2001). These decisions were based on specific evidence that the amateur athletes were subject to the direction and the control of the manager/s of the association. Consequently, they were also entitled to receive a sort of compensation. Nevertheless, the Supreme Court and other local Courts usually exclude that an amateur athlete can be qualified as an employee if his/her federation does not consider its members as professionals (Supreme Court no. 11540/1996; Supreme Court no. 19275/2006; Court of Turin, May, 25, 2010, Supreme Court no. 16849/2011, Court of Venice, May, 27, 2014). 138 Figure 5.1: Legislation and court cases on the legal status of athletes in Olympic sports in the South-western European region. 5.4. The Role of the National Olympic Committee In France, Malta, Italy and Spain there is no contractual relationship between athletes and the NOC, and there are no payments by the NOC regarding the preparation of athletes outside the period of the Olympic Games. In France there is no direct income from the NOC paid to the athletes. The expenses payments, accommodation, transportation and sport equipment (i.e., clothes) are paid in full, but only during the Olympic Games period. In Malta, athletes qualified for the Olympic Games enter into a formal standard contract with the NOC where they establish a compensation plan only during the Games period. In Malta athletes are reimbursed upon proof of expenses for training, physio usage and lab usage. Athletes can have an employment outside of sport and can have their own personal sponsorship. During the Games, the NOC covers all expenses of the athletes. In Spain, athletes generally do not enter into a contractual relationship with the Spanish NOC. The NOC is responsible to classify athletes in three categories: Top Elite (applied to the top places on the grid of Olympic Games, World and European championships), Elite (in this case the athletes will have to obtain intermediate results that place them in the first half of the competition grid, or in the top places of the world ranking) and Olympic Hopes (a programme for young athletes that aims to create conditions to support athletes and teams that are identified, through their sporting value, as Olympic hopes in preparation for the next Games). The Spanish NOC further supports athletes in the forms of payments of materials and equipment and all expenses during the period of the Olympic Games. Payments are made to the federations for the preparation of athletes. Lastly, in conjunction with the phone company 139 Telefónica, the so-ĐĂůůĞĚ͞WŽĚŝƵŵ͟ƉƌŽŐƌĂŵŵĞĨŽƌLJŽƵŶŐĂƚŚůĞƚĞƐŝƐĞƐƚĂďůŝƐŚĞĚƚŽƐƵƉƉŽƌƚLJŽƵŶŐĞůŝƚĞ athletes. The Italian National Olympic Committee (CONI) usually grants special economic awards on special occasions (for example, in case of a win of a medal during the Olympic Games). Furthermore, CONI, through the National Federation, guarantees the participation of Italian athletes in international sports meetings, and it also organises international sports events. During the Olympic Games, CONI sustains all the costs for equipment, accommodation, and transportation for the athletes. CONI sustains several expenses to allow the athletes to train themselves for Olympic Games. Except for the athletes enlisted in the military sports group or the state bodies, the money received is not considered as a salary but as a one-off payment (or even as expenses reimbursement ʹ see below). These sums are subject to a favourable tax treatment (but no social security contributions are due). Sponsorship, advertising, autonomous activities or employment relationships outside sports are possible. In the Portuguese case, it is the responsibility of the NOC to contribute with fixed and variable values ĚĞƉĞŶĚŝŶŐŽŶ ƚŚĞĂƚŚůĞƚĞ͛Ɛ ůĞǀĞů͘ dŚĞ ůĞǀĞůƐ ĂƌĞĚĞĨŝŶĞĚĂĐĐŽƌĚŝŶŐ ƚŽ ƚŚĞ ƌĞƐƵůƚƐŽďƚĂŝŶĞĚ͕ ĂŶĚ ƚŚĞŝƌ permanence in the contract is analysed according to the results obtained. The Portuguese NOC pays a scholarship directly to athletes. The financial resources for the payment of scholarships are from a public source, arising from a contract signed between the IPDJ and the NOC. The scholarships vary according ƚŽƚŚĞĂƚŚůĞƚĞ͛ƐůĞǀĞů;ϭŽƌϮͿ͕ ǁŝƚŚǀĂůƵĞƐďĞƚǁĞĞŶϭϬϬϬΦĂŶĚϭϮϱϬΦ͘dŚĞĂĐĐĞƐƐƚŽƚŚĞůĞǀĞůƐǀĂƌŝĞƐ according to the results achieved in competitions that are used as references, for example, European and World Championships. Eligibility criteria for the scholarship program are established by the NOC considering the distinction between athletes whose objective is to achieve a medal, finalist or semi-finalist classification and/or equivalent and others whose sporting value is an indicator of eventual qualification for the Olympic Games. These contracts remain in force for the athletes selected to represent Portugal in the Olympic Games. Some of the athletes are sponsored, but this negotiation is done directly between the brand with the athlete. A preparation fund is also paid by the respective sports federation, which serves for the exclusive preparation of each athlete, including equipment, training, trips to championships. It is a monthly payment that is paid to the athlete as compensation for his/her integration in the project. It is not considered a salary, as there is no employment contract. As none of the NOCs analysed establishes employment contracts with their athletes, there is no fixed working time. 140 Figure 5.2: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from the NOCs of the South-western European region. 5.5. The Role of the National Athletics Federation In Italy, France and Malta, athletes in the sport of athletics do not have a contract with their respective national athletics associations. In Portugal and Spain, during and outside the period of the sporting event the athletes in the sport of athletics have a contract with national athletics federations, which are, however, not a labour or employment contract but a transfer of image rights and a support contract. In Spain, the NOC establishes this link with the athlete through the Asociación de Deporte Olímpicos (ADO). In addition, without any kind of relationship with the NOC, some clubs sign athletes. High-level athletes sign an agreement with the Real Federación Española de Atletismo, (RFEA) to receive financial support, medical, psychological and nutritional services, individualised training, housing or residence assistance training and support centres, and support during the competitions. The agreements provide that athlete may lose support in cases of severe disciplinary sanctions (i.e. doping), in cases of low sports performance, and in some cases, low academic performance. In Spain, direct and indirect incentives are given to athletes from the national athletics federation through material goods that support athletes' sporting careers, payment of expenses, equipment, accommodation, transportation, medical services, training and competition support, individualized supports for performance improvement. In Italy, France and Portugal, the athletics federations do not pay athletes directly. Yet, in Italy, through the help of the Italian National Olympic Committee, the national athletics federation can sustain all the related expenses of some of its associates participating in international sports meetings. In France and Portugal, athletes can have expenses payments, accommodation, transportation and sport equipment (i.e., clothes) for the international competitions (e.g. World Championships). 141 More data on the role of the athletics federation in Malta were not available. There are no contractual provisions regarding working time, rest days or parental or other leave implemented by the national athletics federation. Also, there have been no court cases regarding the working time of elite athletes. Figure 5.3: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from the National Athletics Federations of the South-western European region. 5.6. The Role of Public Authorities Without a Generic Focus on Elite Sport In Spain, Portugal and Malta there is no contractual relationship between athletes and public authorities / state entities without a generic focus on elite sport. The only countries of this region, where such actors play a role are France and Italy. In France, elite athletes can be employed by the Ministry of Defence as athlete soldiers. The sport federations have the opportunity to delegate athletes to the military sports center in Fontainebleau (Centre Nationale des Sports de la Défense, CNSD) where athletes live and train. Every year, 450 to 550 young athletes can join the military sports programme. While the exact details of the service remain currently unknown, athletes are provided with different career paths inside the military even after the end of their sporting career (Ministère des Armées 2021). As soldiers, athletes are entitled to a regular salary. However, this salary is only linked to their professional status / duties (e.g., as soldier). Working for the armed forces provides flexible working hours/holidays, which help them to optimise training and competitions. 142 Figure 5.4: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from public authorities without a generic focus on elite sport of the South-western European region. In Italy, the Army Forces (defence, army, navy, aviation, carabinieri, finance police) and the State Corps (state police, penitentiary police and firefighters) play a role in supporting elite athletes with a contractual relationship. Commonly the Army Forces or the State Corps enlist athletes to grant them an income while involved in training and competition. For this, the candidate must be previously successful in a competitive exam reserved for athletes between 17 and 35 years old who have already achieved significant results in competitions with national relevance certified by CONI. They remain enlisted in these public organisations even after the end of their sports activity. The athlete is usually entitled to the monetary award if he/she achieves specific targets or results in their sporting activity. There are no specific rules that force the Armed Forces or the State Corps to sustain their athletes/employees with indirect income. 5.7. The Role of Specific Elite Sport Organisations In France, the National Sports Agency is an intermediary organisation (public and private). One of the functions of this organisation is to provide financial support to elite athletes. However, we did not obtain any information about the programmes and types of contracts that exist. In Spain, the Olympic Sports Association (ADO - Asociación de Deporte Olímpicos) is a public-private ŽƌŐĂŶŝƐĂƚŝŽŶͿĂŶĚƉƌŽŵŽƚĞƐ^ƉĂŝŶ͛ƐŵŽƐƚŝŵƉŽƌƚĂŶƚĂƚŚůĞƚĞĨƵŶĚŝŶŐƉƌŽŐƌĂŵŵĞŽƵƚƐŝĚĞĂŶĚĚƵƌŝŶŐƚŚĞ Olympic Games. The members of this organisation are the Superior Sports Council (CSD - Consejo Superior de Deportes) and Spanish Radio Television (RTE - Radio Televisión Española) (public), and the Spanish Olympic Committee (private). The ADO complements the direct aid that the Government invests in the National Federations for high-performance sport. In addition, there are sponsors (companies) that receive tax discounts and advertising on the RTE. ADO also invests in terms of grants (economic aid) for 143 Olympic athletes. There are 3 levels of athlete support: Top Elite (applied to the top places on the grid of Olympic Games, World and European championships), Elite (in this case the athletes will have to obtain intermediate results that place them in the first half of the competition grid, or in the top places of the world ranking) and Olympic Hopes (a programme for young athletes that aims to create conditions to support athletes and teams that are identified, through their sporting value, as Olympic hopes in preparation for the next Games). In individual sports, the scholarships are distributed in eight categories ƌĂŶŐŝŶŐ ĨƌŽŵ ΦϱϬϬϬ ƚŽ ΦϲϬ͘ϬϬϬ͘ &Žƌ example, an Olympic / World Champion athlete receives ΦϲϬ͘ϬϬϬͬLJĞĂƌ͘ƚŚůĞƚĞƐŝŶƚĞĂŵƐƉŽƌƚƐĐĂŶƌĞĐĞŝǀĞƵƉƚŽΦϯϬ͘ϬϬϬƐĐŚŽůĂƌƐŚŝƉƉĂLJŵĞŶƚƐ͘dŚĞĂŐƌĞĞŵĞŶƚ typically lasts two years and pays for a fixed and variable part that depends on the sporting results, but this is not considered an employment contract. The parties to the contract are the ADO, the sponsors, the National Federations, and the athletes. The federation processes everything. The criteria for selecting athletes is based on results in elite international competitions. Financial aid will be determined by the result achieved. There are no penalties and sanctions in case of doping. There are no defined working hours, but there is a commitment to maintaining the stipulated training and participating in training camps and competitions. There is also an obligation to participate in press conferences and award presentations. There is no representation of athletes in ADO. In the case of Portugal, the Portuguese Institute of Sport and Youth (IPDJ) enters into special financial support contracts, with a multi-year period (4 years), with the Olympic Committee and the Paralympic Committee of Portugal, to create unique conditions for preparation of high-performance sports practitioners and national teams. However, the IPDJ also enters into financial support contracts with high-performance athletes, as long as the athlete is not part of the programme financed by the Olympic committees (it is not allowed to accumulate the two contracts). The athlete is paid a monthly amount to compensate for his/her integration in the project/programme (see above). However, it is not considered as a salary, as there is no employment contract. In addition to the IPDJ, another organization in the Portuguese sports system also focuses on elite sports. The Fundação do Desporto (Sport Foundation, FD) is an intermediate (public-private) organization whose mission is to promote sport at all levels. However, currently, the focus of this organization has been the management of high-performance training centres with no specific funding programs for athletes. In the case of Malta, there is no direct contract between athletes and SportMalta. However, SportMalta offers a Flexi-Training Scheme (two types; private and public) whereby elite athletes who have a dual career are eligible for the same. SportMalta pays the employer of such athletes to allow their employees (the athlete) to leave work to train (range is between 1-40 hours). There are two criteria to participate in this programme: with forthcoming fully approved international sport commitments, in their capacity, at the top national level and to be great promise in their sport and with a great possibility of representing Malta in fully approved international commitments in the near future. There are 18 athletes under these schemes (8 under the private and 10 under the public). 144 In Malta, in addition to the payment of compensation made to the companies with which athletes have an employment contract (see above), reimbursements are also offered to athletes for the payment of travel expenses. Figure 5.5: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from specific elite sport organisations of the South-western European region. 5.8. Sponsorship, Self-Marketing and Additional Work In Portugal, Spain, and France none of the NOCs, public authorities and specific elite organisations have any direct sponsorship initiatives for athletes or any initiative that enhance their own image through marketing or self-marketing. Neither are there any rules or regulations that restrict sponsorship opportunities for athletes in connection with the Olympic Games, national athletics federations, public agencies or elite sport organisations. On the other hand, there are indirect incentives from the National Federations of these countries for athletes. It is only in the Portuguese and French context that Rule 40 provisions set in the Olympic Charter are made more flexible, allowing athletes to exploit their image for advertising purposes. In the Spanish, Italian and French contexts, there is no kind of flexibility regarding the principles that govern the use of the image of the participants of the Olympic Games, for advertising purposes, during the period of the Olympic Games. In Portugal, as long as it does not conflict with the NOC sponsorship, the athlete can be sponsored. Specifically in Spain, the national athletics federation regulates on the agent /manager relations and also on advertising in sportswear. In addition to this, there is regulation by the Federation to protect the athlete's interests and also on advertising in sportswear. In Malta, about the NOC sponsorship, the only condition is that the athletes must abide by the IOC´s Rule 40 during the period of the Games. 145 In Italy, although there is no sponsorship or incentive to self-marketing, there is a set of restrictions on the parts of the NOC and public agencies as well as restrictions in relation to additional work. For example, the restrictions on self-marketing from the Comitato Olimpico Nazionale Italiano (CONI) began in 2012, drafting a Code of Conduct that prevents, among others, athletes to discriminate or release comments or opinions that may damage other persons or entities working in the sports organisation. In conclusion it is possible to state that these rules can apply indirect restrictions on self-marketing and commercial opportunities. Other restrictions are related to athletes having a public employee condition. They have to be previously authorised by the employer before performing the self-marketing. This is because there are specific rules to manage the payment of possible earnings connected with these activities. For those athletes enlisted in the Armed Forces or the State Corps, due to their special qualification (being public employees), they are not allowed to have any additional work notwithstanding if it is paid or for free (please refer to Legislative Decree no. 66/2010, section 894). 5.9. Occupational Safety and Health With regard to the health and protection of athletes, the frameworks differ from country to country. However, the concerns we find are general and applicable to any athlete, with no special and specific concern regarding Olympic athletes. All countries revealed concerns at the level of sports facilities, namely access to a clean and safe environment, and almost all of them had an obligation to take out sports insurance except for France and Italy. In Portugal, according to Law nº. 10/2009, of January 12th, sports insurance is mandatory for sports agents, namely athletes, coaches and referees. There are two types of insurance that are complementary a) sports insurance supplemented by health and personal accident insurance, as in the case of professional practitioners b) sports insurance supplemented by occupational accident insurance. The only specific protection that the athlete has is this one. As she/he does not have any employment contract, she/he is not covered by the social protection schemes applied to other workers. In the case of France, the situation is very general. There is an obligation to rest at least 11 hours a day between two working days and the employers should provide suitable sport venues/equipment and medical assistance. The employers should also provide suitable locker-rooms, showers and toilets, and the employers should inform the employees about the security rules. These guidelines generally apply to all workers via the European regulations on health and safety at work. In France, the employers should also raise awareness about occupational hazards, psychological issues and doping prevention. This regulation specifies some requirements in terms of health and safety, for instance, at least 11 hours of rest between two working days, the employers should provide suitable sport venues/equipment and medical assistance, the employers should provide suitable locker-rooms, showers and toilets. 146 In the Italian case, currently, the Consolidated Act for Safety at the Workplace (Legislative Decree 81/2008) does not apply to athletes. The general national law that applies to the health and safety is the law related to the safety of sports facilities and to general undertaking upon the association that is entitled to use the sports facilities, requiring a professional insurance policy to cover any damage any person inside these facilities may incur in. In addition, when the Legislative Decree no. 36/2021 shall be in force, finally the Consolidated Act for Safety at the Workplace shall apply even to all the athletes notwithstanding if they are professionals or amateurs. It has a specific medical department for early diagnosis and prevention for athletes. In addition, during the Olympic Games CONI may provide for insurance coverage autonomously. In Malta, there is no specific law or court decisions for athletes. The Occupational and Healthy and Safety Authority would be responsible via the Occupational Health and Safety Authority Act (Chapter 424 Laws of Malta). The NOC is responsible for health and safety obligations only during the Olympic Games. The provision of social protection applies to Olympic athletes under private agreements. Table 5.2: Occupational safety and health provisions for athletes in the South-western European region. Actor / Occupational safety and health provisions Accident insurance Mental health Physical health Prevention Safety policies Medical check-ups Access to medical facilities NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation *Statutory occupational safety and health provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. In Spain, it is mandatory for sport federations to provide accident insurance for athletes. In addition, the national athletics federation provides several measures of occupational safety and health. 147 Mental health is a subject that has not been addressed systematically in any of the countries. It is a topic that is barely discussed. 5.10. Social Protection The issue of social protection for athletes and the concerns that it involves have been discussed to a lower extent in these five countries, though evidence of concern can be found in three countries. In the Italian, Spanish and French ĐĂƐĞ͕ƚŚĞƌĞŝƐĂŶŽďůŝŐĂƚŝŽŶƚŽŵĂŬĞĂƚŚůĞƚĞƐ͛ĐŽŶƚƌŝďƵƚŝŽŶƐĨŽƌĐŽŵŵŽŶƐŽĐŝĂů security schemes when they are professional and framed in professional leagues (as if they were a worker in any field other than sport). In France, all athletes who are employed by the French armed forces are granted with all of the investigated social protections. The Italian Social Security Authority provides all of the listed social protections upon condition that the individual has been qualified as employee or independent contractor and social security contributions have been paid in his/her favour. Athletes who have an employment contract with the Italian armed forces and / or the state corps are thus provided with the surveyed social protections. Besides, other athletes have to be included as independent contractors or ongoing collaborators of the sports club. In this way, the club has to pay social security contribution favouring a specific section of the Italian Social Security Authority or, in some specific cases, related to the division of the Social Security Authority dedicated to the workers of show business and sport. These practices are not standard since the money paid to athletes can be treated, under a tax point of view, as different incomes from incomes deriving from the working activity. This allows a tax favourable treatment but prevents the payment of any social security contributions. In Italy, a lot of experts stigmatised the lack of any social protection for sports amateurs. This is why they welcomed the new Legislative Decree no. 36/2021 that will come into force in 2022. On the other side, a lot of associations/sports clubs are worried about the circumstance that the prospective law shall oblige them to bear more costs and they do not know if they will receive any help from the state or CONI. Concerning the social protection applicable to Olympic athletes in Spain, there is a difference between athletes who are under professional contracts and high-level athletes without professional contracts. In the first ĐĂƐĞ͕ƚŚĞĐŽŶƚƌĂĐƚƐĞŶƐƵƌĞƚŚĞĂƚŚůĞƚĞ͛ƐŝŶĐůƵƐŝŽŶŝŶƚŚĞƐŽĐŝĂůƐĞĐƵƌŝƚLJƐLJƐƚĞŵ͘/ŶƚŚĞƐĞĐŽŶĚ case, there is a particular condition for the inclusion of athletes in the autonomous contribution system, recognition by the Contribution Regime of Self-Employed Workers. In Spain, the Spanish Olympic ŽŵŵŝƚƚĞĞŚĂƐŵĂĚĞĞĨĨŽƌƚƐƚŽŝŶĐůƵĚĞŝŶƚŚĞŶĞǁƐƉŽƌƚƐůĂǁƚŚĞĐƌĞĂƚŝŽŶŽĨĂŶ͞ƚŚůĞƚĞ͛Ɛ^ƚĂƚƵƚĞ͟ƚŚĂƚ 148 includes their rights and duties. However, to date, no text that supports such intentions has been published and evidence has only been found in news and conferences. A special agreement to cover high-performance athletes by the same regime as self-employed workers exists only in the Spanish case. Since athletes are considered workers, the government grants them general rights as if they were a common worker from any other sector of activity, such as the right to retire at 65, or the access to medical treatment, in this case in high-performance training centres. In addition, through the Professional Athletes (Real Decreto 1006/1985), which would apply to those who may have a contract with a club (two days of weekly rest and 16 weeks paternity/maternity leave). In the case of Malta, the only support given is occupational disability and health care provided by the NOC. However, these are services provided by previously taking out private insurance, while unemployment support is subject to the general state social protection regime. Table 5.3: Social protection provisions for athletes in the South-western European region. Actor / Social protections Pension / Retirement scheme Occupational disability / Loss of income protection Health care Maternity protection / Parental leave benefits Unemployment assistance NOC ( ) National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation * Statutory social protection provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. Furthermore, in Portugal, in case of injury or illness of an athlete, evidenced by a medical report in accordance with the National Federation, the athlete is guaranteed the maintenance of his scholarship for the period defined for his recovery, as well as the criteria regulated by medical confidentiality, being admissible to co-participation of the costs demonstrably evidenced with the athlete's recovery. All co- payments are suspended in all cases of injury or illness that prevent participation in the OGs. Social insurances not used by many athletes since they are limited to one source of income. Complementarily, 149 the athlete for his own motivation may also propose, through the federation, the suspension of his integration in the Olympic Preparation Program. In addition, a post-career support that is given by the Law no. 272/2009 of 1 October is available, defining (Article 39) post-career support measures for high- performance practitioners, including the right to a Temporary Reintegration Grant after the sports career. Besides the above-cited specificities in Italy and Spain, all countries in general have concerns about maternity and pregnancy. In Portugal, in case of pregnancy, which demonstrably interrupts the sports and competitive programming undertaken by the NOC, and the participation in the OGs, the respective National Federation must propose the suspension of the athlete. There are no legal disputes on social protections, at least as far as public knowledge is available. 5.11. Participation and Bargaining All countries ;ŝ͘Ğ͕͘&ƌĂŶĐĞ͕/ƚĂůLJ͕DĂůƚĂ͕WŽƌƚƵŐĂůĂŶĚ̂ ƉĂŝŶͿŚĂǀĞĂŶĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶŝŶƚŚĞƌĞƐƉĞĐƚŝǀĞ Nationals Olympic Committees. In Italy͕ƚŚĞKE/ƉƌŽǀŝĚĞƐĂŶĂƚŝŽŶĂůĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶĐŽŵƉŽƐĞĚďLJŽŶĞŵĞŵďĞƌŽĨĞĂĐŚĨĞĚĞƌĂů commission and three members chosen from the representatives of the associated disciplines. In addition, the collective bargaining agreements for public sectors apply and the main topics regulated by them are: (i) economic issues (for example, salary, etc.); (ii) special allowance for particular and dangerous tasks assigned; (iii) criteria for the management of the incentive part of the salary. In Malta, the athletes are represented via a Commission responsible for running the MOC Elite Scheme with relationships to the Maltese Olympic Committee. In Portugal, the Olympic Athletes Commission (CAO), an entity integrated in the Olympic Committee of Portugal (COP), is made up of athletes participating in the Olympic Games, active or retired, who have participated in the last three editions of the Olympic Games. Consisting of nine Olympic athletes, elected by their peers, the CAO is responsible for representing the rights and interests of athletes before the Olympic Committee of Portugal and other entities of the national and international sports system. In the case of Portugal͕ƚŚĞĐŚĂŝƌŵĂŶŽĨƚŚĞĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶĨƵƌƚŚĞƌŵŽƌĞƚĂŬĞƐƉĂƌƚŝŶƚŚĞďŽĂƌĚŽĨƚŚĞ NOC and participates in decision-making (in others she/he only has a vote at general meetings). In Italy, France and Spain, athletes are furthermore represented in the national athletics federation ƚŚƌŽƵŐŚĂŶĂƚŚůĞƚĞƐ͛ĐŽŵŵŝƐƐŝŽŶ͘^ƉĞĐŝĨŝĐĂůůLJ͕ ŝŶSpain these athletes are represented by the Federal athletes͛ commission which is composed of seven athletes. 150 In Italy, France, Malta, Spain and Portugal, there are no collective bargaining agreements between the national athletics federation and athletes. There is no mention of actions made by state/public entities regarding representation and bargaining in the five countries. Even so, it is important to note that in France any union can be freely constituted. The only requirement is to register the statutes and provide the names of the board members. There is no need to have prior approval from any public authority. Based on this lĞŐĂůĨƌĂŵĞǁŽƌŬ͕ƚŚĞEĂƚŝŽŶĂůhŶŝŽŶŽĨůŝƚĞƚŚůĞƚĞƐ;> ͛hŶŝŽŶEĂƚŝŽŶĂůĞĚĞƐ^ƉŽƌƚŝĨƐĚĞ Haute Niveau) represents the interests of its members, who are elite athletes from individual sports. In Portugal, the Portuguese Olympic Athletes Association exists as an independent organisation, representing the interests of elite athletes. This organisation, while not a union, plays a role in the support of athletes and provides athletes with a voice. 5.12. Specificities, Current Conflicts and Issues In Portugal, Spain and Malta, the football federation has specific characteristics concerning the employment relations of athletes. A particular case in Portugal refers to the role of clubs in the support of Olympic athletes in the country. The development of clubs͛ own programs to support athletes allows athletes to participate in various sports and at a varied level of national and international competitions. Even so, there is a level of concentration of these athletes in the so-called "Big Three of Portugal" (Futebol Clube do Porto, Sport Lisboa e Benfica and Sporting Clube de Portugal) clubs with larger sports structures and with greater financial capacity to maintain these athletes. For example, the last Portuguese Olympic delegation to Tokyo 2020 had a total of 92 athletes, just over 47% linked to one of these three clubs (O Jogo, 2019). This scenario demonstrates a certain fragility in the Portuguese sports system, since, due to several ĨĂĐƚŽƌƐĂůƌĞĂĚLJĚŝƐĐƵƐƐĞĚŝŶƚŚŝƐƌĞƉŽƌƚ͕ŝƚĚŽĞƐŶŽƚŵĂƚĞƌŝĂůŝnjĞĂƚŚůĞƚĞƐ͛ƉƌŽƚĞĐƚŝŽŶŝŶƚŚĞŝƌĐĂƌĞĞƌ͘ None of the countries surveyed had public debates about conflicts between athletes (individually or collectively) and the NOC, the national athletics federation, any public authority / state agency or specific elite national sport organisations that have emerged in the last five years. Portugal, France and Malta do not have either public debate about precarious/risky social conditions of (former) athletes in Olympic sports. In the case of Spain͕ƚŚĞ^ƉĂŶŝƐŚKůLJŵƉŝĐŽŵŵŝƚƚĞĞǁŝƐŚĞƐƚŽŝŶĐůƵĚĞŝŶƚŚĞŶĞǁƐƉŽƌƚƐůĂǁĂ͞^ƚĂƚƵƚĞ ŽĨƚŚĞƚŚůĞƚĞ͟ƚŚĂƚŝŶĐůƵĚĞƐƚŚĞŝƌƌŝŐŚƚƐĂŶĚĚƵƚŝĞƐ͘DĞĂŶǁŚŝůĞ͕ƚŚĞƌĞŝƐŶŽĚƌĂĨƚŽĨƚŚĞƚĞdžƚ͘ As mentioned above, in Italy, a new legislative decree (Legislative Decree no. 36 of February 28, 2021) ƌĞŐƵůĂƚĞƐƚŚĞ͞ƌĞŽƌŐĂŶŝƐĂƚŝŽŶĂŶĚƌĞĨŽƌŵŽĨƚŚĞƉƌŽǀŝƐŝŽŶƐƌĞŐĂƌĚŝŶŐƉƌŽĨĞƐƐŝŽŶĂůĂŶĚĂŵĂƚĞƵƌƐƉŽƌƚƐ ďŽĚŝĞƐĂŶĚƐƉŽƌƚƐǁŽƌŬ͘͟/ƚŽǀĞƌĐŽŵĞƐƚŚĞĚŝƐƚŝŶĐƚŝŽŶďetween professional and amateur athletes, thus 151 applying the new figure of sports employee applicable to all kinds of athletes, notwithstanding which discipline they practise. Consequently, clubs that currently do not form employment relationships with Olympic sports athletes will have to change their organisation. Based on this new legislation, some of their athletes may be qualified as permanent employees or collaborators, depending on the form of exercise of their activities and the type of control that the managers of sports clubs exert over them. As a result, sporting associations or clubs are obliged to sign an employment contract or, at least, a permanent collaboration contract. 152 Literature Chapter 5 Ghosheh, N. (2013) Working conditions laws report 2012: A global review. ILO (2014) Working conditions laws report 2012: a global review (Geneva: International Labour Office) Ministère des Armées ;ϮϬϮϭͿ ͚ƌŵĠĞ ĚĞ ŚĂŵƉŝŽŶƐ DŝƐƐŝŽŶ dŽŬLJŽ͕͛ ͤDŝŶŚƚƚƉƐ͗ͬͬǁǁǁ͘ŵŝůƐƉŽƌƚ͘ŽŶĞͬŵĞĚŝĂƐͬĨĚǀƉƌĨŝůĞƐ͘ƉŚƉ͍ĚсŵůũĂ'ůůĐŶDсΘĨс'ϵnjĐϮůůĐůϵŬsϵǁĐŵsnjĐϮsĨď&ϵŚĐ ŵϭůsϵŬsϵũĂ'&ƚĐ'ůǀďŶEĨtϱĨďtůnjĐϮůǀďůϵŚyϯZǀĂϯůǀ> ŶŬŐссΘƐсϬϵϲϲϯϭĞϴĐϲĚϰϬϰϯϴϳĂϲϮϯďĚĚϰϳĐϭϬϱĐϯ͕ͥ accessed 12 November 2021 O Jogo (2019). Missão portuguesa em Tóquio'2020: Sporting e Benfica empatam em atletas. Retrieved from: https://www.ojogo.pt/modalidades/toquio-2020/noticias/missao-portuguesa-em-toquio2020-sporting-e- benfica-empatam-em-atletas-13966850.html Programa de PreparaĕĆo Olşmpica Tſquio 2020 e Paris 2024 (2018). DiĄrio da RepƷblica, 2.a sĠrieͶN.o 18Ͷ25 de janeiro de 2018. Retrieved from: https://conpaas.einzelnet.com/services/mediaservice/api/media/1d875c524fb2d606938b4f4f8cb0212b4ab7 8035 https://www.ojogo.pt/modalidades/toquio-2020/noticias/missao-portuguesa-em-toquio2020-sporting-e-benfica-empatam-em-atletas-13966850.html https://www.ojogo.pt/modalidades/toquio-2020/noticias/missao-portuguesa-em-toquio2020-sporting-e-benfica-empatam-em-atletas-13966850.html https://conpaas.einzelnet.com/services/mediaservice/api/media/1d875c524fb2d606938b4f4f8cb0212b4ab78035 https://conpaas.einzelnet.com/services/mediaservice/api/media/1d875c524fb2d606938b4f4f8cb0212b4ab78035 153 6. South-Eastern Europe Vanja Smokvina This Regional Report (South-Eastern Europe) focuses on Bulgaria, Croatia, Cyprus, Greece, Romania and Slovenia. 6.1. Background: National Sport Systems In the National Sports Systems of these six countries we find a lot of common solutions but also numerous differences which will be elaborate in this paper. Speaking about the legal framework and central sports organisation we must say that in all the countries except in Cyprus and Slovenia there are specific sports-related provisions in the relevant national Constitutions. When to Sports Act we may say that all countries have a specific Act which deals with sport at national level. Sport does not have the exclusivity of its own ministry and is combined with others, such as: Bulgaria (with Youth), Croatia (with Tourism); Cyprus (with Education, Culture and Youth); Greece (with Culture); Romania (with Youth) and Slovenia (with Education and Science). Except in Cyprus, all other countries more or less have also the competences of local and/or regional authorities in the field of sport which is an extremely important way how sport is organised and supported. Passing now to the core organisations of the Olympic Movement in the relevant countries we may say that all countries have their respective National Olympic Committees which of course are in charge of developing the Olympic Movement in accordance with the Olympic Charter, the popularization of the KůLJŵƉŝĐŝĚĞĂůƐŝŶƚŚĞĐŽƵŶƚƌLJ͕ĂŶĚĂƚŚůĞƚĞƐ͛ƉĂƌƚŝĐŝƉĂƚŝŽŶŝŶKůLJŵƉŝĐ'ĂŵĞƐ͕ƚŽƌĞƉƌĞƐĞŶƚƐƚĂƚĞĂŶĚƚŚĞ respective sports organizations before the IOC on matters related to the organization and conduct of Olympic Games. Here we must only point that in Romania ƚŚĞƵŵďƌĞůůĂŝŶƐƚŝƚƵƚŝŽŶŝƐĐĂůůĞĚ͞ZŽŵĂŶŝĂŶ KůLJŵƉŝĐĂŶĚ^ƉŽƌƚƐŽŵŵŝƚƚĞĞ͘͟ In Greece we find the existence of a National Elite Sports Organisation: the General Secretariat of Sports (G.S.S.). It is a body of the Greek state, which reports to the Deputy Ministry of Sports, which in turn is attached to the Ministry of Culture and Sports. It is the principal executive body that administrates sports and the sports policy of Greece. In Cyprus, the Cyprus Sport Organization is a semi-governmental organisation funded by the state to promote mass and elite sport. While not solely focusing on elite sport, it does play a role in supporting athletes through an award scheme. Furthermore, in these countries we find public authorities/entities or state agencies without a generic/original focus on elite sport that play a role in the support of elite athletes and those are mostly ministries of defence or interior: Bulgaria (Ministry of Interior and National Service for Protection), Croatia (Ministry of Defence) and Slovenia (Ministry of Interior, Ministry of Finance (Customs) and Ministry of Defence). In Greece, distinguished athletes are offered a lifetime employment at the armed forces. Romania is interesting since there we find that the ministries are supporting sports clubs: the 154 Ministry of Defence ƐƵƉƉŽƌƚƐƚŚĞƌŵLJ^ƉŽƌƚƐůƵď͞^ƚĞĂƵĂ͟ƵĐŚĂƌĞƐƚ͕ƚŚĞMinistry of Interior supports ƚŚĞ ^ƉŽƌƚ ůƵď ͞ŝŶĂŵŽ͕͟ and the Ministry of Transport and Infrastructure supports the Sport Club ͞ZĂƉŝĚ͘͟ Speaking about any additional actors (private, public, intermediary (cooperation of private and public actors)) involved in the elite sport system we must point out that in Slovenia there is the Slovenian sports foundation as a special public institution founded by the Slovenian parliament and responsible for delivering lottery money to sports subjects in Slovenia for different purposes and not only for the elite sport. Furthermore, in Romania we find a National Institute for Sport Medicine. When to relationships between public authorities and organised sport in Olympic sports we must say that in all countries sports organisations (sports federations and sports clubs) shall provide assistance for the fulfilment of the state and municipal policy in the system of sport. In this context, the relationship between public authorities and organized sport in Olympic sports must be based on the principle of cooperation. Moreover, the sports federations, including those running Olympic sports, are exercising certain public powers in the field of their respective sports, which have been granted to them by the state. Such public powers can be transferred from the state to sports federations after fulfilment of certain conditions precedent specified in decisions of the constitutional court (in Bulgaria) or determined by the national legislation (in Croatia). In Bulgaria for example, one of those public powers is the retention of the control from the State, which takes two forms: preventive control through the issuance of sports license by the Minister of Youth and Sport after meeting certain requirements and subsequent control by the supervision carried out by the Minister of Youth and Sport. From this perspective, the relationship between state authorities and organized sport in Olympic sport resembles those of between principal and agent. The state as principal is entitled to withdraw the license of a sport federation in case of admission by such federation of certain failures, discrepancies and violations enumerated in the Law on Sport. Furthermore, we find also the principle of the complementarity which is prevailing as the elite sport is one of the national interests in Croatia and Slovenia recognised by the National Sports Programme. At the summer Olympics organised in Tokyo in 2021, these six countries participated with a respective number of athletes: Bulgaria (42 athletes), Croatia (59 athletes), Cyprus (15 athletes), Greece (80 athletes), Romania (102 athletes) and Slovenia (53 athletes). At the winter Olympics in Pyeongchang in 2018 the numbers are lower in Bulgaria (21 athletes), Croatia (20 athletes), Cyprus (2 athletes), Greece (4 athletes), Romania (27 athletes), except in Slovenia (71 athletes). Finally, speaking about the numbers on how many athletes are part of a national elite sport programme or elite cadre system we must say that those numbers vary significantly from country to country. From Slovenia with a vast group of different categorisations with in total 4.355 athletes, Croatia with 445 155 athletes, Greece with 200-250 athletes, and Romania with 220 athletes, while there are no such data available for Bulgaria and Cyprus. 6.2. Background: National Employment Relations and Welfare Regimes National employment law (collective and individual) and industrial relations have or should have major impact upon the relationships in sport especially for the legal status of athletes. Although, not all countries recognise the well-deserved labour status to athletes in this paragraph we will focus on the national employment regulations regimes in these six countries. Speaking about the general constitutional framework on labour law and the major legal acts that shape the fields of employment and self-employment in Bulgaria, the Constitution proclaims that labour shall be guaranteed and protected by law. Citizens shall have the right to work and the state shall take care to provide conditions for the exercising of this right. Everyone shall be free to choose an occupation and place of work and no one shall be compelled to do forced labour. Workers and employees shall be entitled to healthy and non-hazardous working conditions, to guaranteed minimum pay and remuneration for the actual work performed, and to rest and leave, in accordance with conditions and procedures established by law. Workers and employees shall be free to form trade union organizations and alliances in defence of their interests related to work and social security. Employers shall be similarly free to associate in defence of their economic interests. The major legal acts in the field of employment in Bulgaria are the Labour Code, the Law on the Healthy and Safe Conditions at Work. Self-employment is not regulated by special law. In Cyprus, the employment relations are regulated by ordinary contract law principles (Contract Law), supplemented by statutory rights and obligations where appropriate. For instance, the Law on the Termination of Employment was issued to ensure the protection of the rights of employees and employers. Other important laws regulating the employment relations in Cyprus are the Laws on Annual Holidays with Payment, Laws on the Protection of Maternity, Laws on Parental Leave and Permission for Reasons of Force Majeure Law of 2012 and Laws on Minimum Wages.38 The competent Court for employment related disputes is the Tribunal on Labour Disputes. This court is very rarely used for labour disputes in sport because the athletes involved in Olympic Games are not employed by the NCO, their associations or their clubs. In Greece the Constitution includes provisions devoted to labour, such as the recognition of the right to work (art. 22§1), the freedom of association (art. 11), the right to strike (art. 23) and to collective bargaining (art. 22§2). Provisions regulating labour relations have, however, not yet been codified into a 38 For further information, please see http://www.mlsi.gov.cy/mlsi/dlr/dlr.nsf/page17_gr/page17_gr http://www.mlsi.gov.cy/mlsi/dlr/dlr.nsf/page17_gr/page17_gr 156 > ĂďŽƵƌŽĚĞ͘ƌƚŝĐůĞƐϲϰϴƚŽϲϴϬŽĨ ƚŚĞ'ƌĞĞŬŝǀŝůŽĚĞŽŶ ͚ĐŽŶƚƌĂĐƚŽĨĞŵƉůŽLJŵĞŶƚ͛ĂƌĞ ƚŚĞďĂƐŝĐ provisions that govern the employment relationship between employers and employees. Principal laws (as replaced or/and amended) include legislation on the following: termination: acts 2112/1920, 3198/1955 & act 1387/83 on group dismissals; annual paid leave: act 539/1945; non-discrimination: including act 4443/2016 & act 3896/2010 on the equal treatment of men and women; health and safety at work: act 1568/1985 & act 3850/2010; flexible forms of employment (part time and rotation): act 1892/1990 art. 38.; flexible work-time arrangements: act 1892/1990 art. 41; working time: National General Collective Agreement (EGSSE) of 1984, acts 2874/2000, 3385/2005, 3863/2010 & 3846/2010, DŝŶŝƐƚĞƌŝĂůĞĐŝƐŝŽŶɁʉϭϴϯϭϬͬϭϵϰϲΘϴϵϬϬͬϭϵϰϲ͘ In Romania, according to the Romanian Constitution, as a general framework, art. 41 (para. 1-5) Labour and social protection of labour determines the right to work shall not be restricted. Everyone has a free choice of his/her profession, trade or occupation, as well as work place. All employees have the right to measures of social protection. These concern employees' safety and health, working conditions for women and young people, the setting up of a minimum gross salary per economy, weekends, paid rest leave, work performed under difficult and special conditions, as well as other specific conditions, as stipulated by the law. The normal duration of a working day is of maximum eight hours, on the average. On equal work with men, women shall get equal wages. The right to collective labour bargaining and the binding force of collective agreements shall be guaranteed. Except the Romanian Constitution, there are other applicable laws: Labour Code from 24 January 2003 (Law nr. 53/2003, published in Official Gazette nr. 345 from 18 May 2011) and Fiscal Code from 8 September 2015 (Law nr. 227/2015, published in Official Gazette nr. 688 din 10 September 2015). In Slovenia there are three basic legal acts dealing with the employment of athletes: Companies Act; Employment Relationship Act and the Law on Sport. Except for the Sports Act which focuses on the sports system, other state acts encompass some persons in sports, their relationships etc. but are not specifically addressed to sports. Sport is their subject of regulation, but like all other sectors. In Croatia, we may say that in the Constitution there are various articles which do deal with labour rights, such as: forced and compulsory labour shall be forbidden (Art. 23, para 2); everyone shall be guaranteed the right to freedom of association for the purposes of the protection of common interests or the promotion of social, economic, political, national, cultural and other convictions and aims. For this purpose, anyone may freely form trade unions and other associations, join them or leave them, in accordance with law (Art. 43, para. 1). Everyone shall have the right to work and to freedom of work. Everyone shall be free to choose his/her vocation and occupation, and shall have access to each workplace and post under equal conditions (Art. 54). Each employee shall be entitled to remuneration enabling him/her to ensure a free and decent life for himself/herself and his/her family. Maximum working hours shall be regulated by law. Each employee shall be entitled to a weekly rest period and paid annual leave, and may not waive these rights. Employees may, in accordance with law, participate 157 in decision-making in their places of employment (Art. 55). The right to strike shall be guaranteed. The right to strike may be restricted in the armed forces, the police, state administration and public services as specified by law (Art. 60) etc. In Croatia, the basic legal acts dealing with the employment is the Labour Act. Self-employment is regulated by the Law on Civil Obligations since self-employed persons, if they conclude a contract, conclude a civil law contract. Speaking about the fundamental principles of the national industrial relations system (particularly individual and collective employment relationships and relationships between representatives of employers and employees -͞ůŝǀŝŶŐĐŽŶƐƚŝƚƵƚŝŽŶ͟Ϳ͕ ŝŶBulgaria, the Labour Code determines: the role of the State to regulate the labour and the relations directly related thereto; the insurance relations and the issues of the living standard upon consultations and dialogue with the workers, employees, employers and their organizations in the spirit of cooperation, mutual concessions and respect of the interests of each of the parties. In 2020, a newly inserted provision in the Labour Code introduced for the first time the bipartite cooperation. The State shall provide incentives for such cooperation between ƚŚĞƚƌĂĚĞƵŶŝŽŶƐĂŶĚƚŚĞĞŵƉůŽLJĞƌƐ͛ŽƌŐĂŶŝnjĂƚŝŽŶƐǁŝƚŚƌĞŐĂƌĚƚŽƚŚĞŝƐƐƵĞƐĨĂůůŝŶŐǁŝƚŚŝŶƚŚĞƐĐŽƉĞŽĨ the social dialogue. Employees are entitled with no prior permission, to freely form, by their own choice, trade union organizations, and to join and leave them on a voluntary basis, showing consideration for ƚŚĞŝƌ ƐƚĂƚƵƚĞƐ ŽŶůLJ͘ dƌĂĚĞ ƵŶŝŽŶ ŽƌŐĂŶŝnjĂƚŝŽŶƐ ƌĞƉƌĞƐĞŶƚ ĂŶĚ ƉƌŽƚĞĐƚ ĞŵƉůŽLJĞĞƐ͛ ŝŶƚĞƌĞƐƚƐ ďĞĨŽƌĞ government agencies and employers as regards the issues of labour and social security relations and living standards through collective bargaining, participation in the tripartite cooperation, organization of strikes and other actions, pursuant to the law. Employers have absolutely reciprocal rights to form organizations and defend their interests under the Labour Code. In Cyprus both sides, employers and employees are duly represented by a number of unions. It is a well- established principle that any amendments in the national law and practices affecting the employees in general, will first be negotiated between the representatives of the two sides, together with the government representatives. What is more, both sides are also directly involved in the resolution of employment related disputes. The national labour court is a three-member tribunal, consisting of a state appointed judge and two side judges (arbitrators). In every employment related hearing before the Labour Court, one of the side judges is always a representative of the employees and the other one is always a representative of the employers. These side judges are fully involved in the hearing and the ĐŽƵƌƚ͛ƐĚĞĐŝƐŝŽŶŵĂŬŝŶŐƐŝŶĐĞƚŚĞŽƵƌƚ͛ƐĚĞĐŝƐŝŽŶƐĂƌĞŝƐƐƵĞĚďLJŵĂũŽƌŝƚLJ͘ In Greece, in general, the law does not require an employment contract to be drafted in writing. Salaries are determined by law, collective agreements or individual employment contracts. An interprofessional minimum wage is set by law. Collective agreements and employment contracts may provide for a higher salary. The legality of the dismissal of workers on open-ended contracts is conditional upon the written notification of a letter and on the payment of severance pay; the lack of either prerequisite renders the dismissal void. Employees with less than one year of seniority are not entitled to any severance pay. The 158 dismissal may be reviewed by the competent court if the employee invokes an abuse of rights. Freedom of association, the right to strike and the right to collective bargaining are guaranteed under the Constitution and the law. Employees are free to join the union of their choice or not to join any union. Greek unions participate in a single national Confederation called GSEE. Undoubtedly, many conflicts and disagreements come up from time to time but until today (in the recent years) a solution is always reached at the end of the day. In Romania the Social Dialogue Law (nr. 62 din 10 May 2011 published in Official Gazette nr. 625 din 31 august 2012) is applicable to individual and collective employment relationships and relationships between representatives of employers and employees. The Labour Associations/Syndicates/Trade Unions are independent from public authorities, political parties and other stakeholders. In Croatia and Slovenia, there is the so called Economic-Social Council in which the representatives of 'ŽǀĞƌŶŵĞŶƚ͕dƌĂĚĞhŶŝŽŶƐĂŶĚŵƉůŽLJĞƌƐ͛KƌŐĂŶŝƐĂƚŝŽŶƐĚŝƐĐƵƐƐĂďŽƵƚƌĞůĞǀĂŶƚŝƐƐƵĞƐƌĞůĂƚŝŶŐƚŽƚŚĞ rights and obligations of employees and employers. After the change to the socio-economic system and the first free elections, a democratic industrial relations system gradually emerged with free collective bargaining being in force nowadays. Speaking about the key actors in the collective regulation of employment relations (trade unions, etc.) we must say that one of the main actors in the collective regulation of employment relations in Bulgaria ŝƐƚŚĞʁ ʻˁʥ;ĂďďƌĞǀŝĂƚŝŽŶŝŶLJƌŝůůŝĐƐƚĂŶĚƐĨŽƌ͞ ŽŶĨĞĚĞƌĂƚŝŽŶŽĨƚŚĞ/ŶĚĞƉĞŶĚĞŶƚ̂ LJŶĚŝĐĂƚĞƐŝŶƵůŐĂƌŝĂ͟Ϳ with 35 trade unions as members plus four associate members. It unites more than 300,000 Bulgarian ĨĂĐƚŽƌLJĂŶĚŽĨĨŝĐĞǁŽƌŬĞƌƐ͘dŚĞŽƚŚĞƌŵĂũŽƌĂĐƚŽƌŽŶƚŚĞƉĂƌƚŽĨ ƚŚĞĞŵƉůŽLJĞĞƐ͛ŽƌŐĂŶŝnjĂƚŝŽŶƐ ŝƐ ƚŚĞ trade union Podkrepa (currently called Confederation of Labour Podkrepa) which is open for membership with respect to citizens united for the protection of their professional and social interests. On the part of the employers the biggest organization is the Confederation of Employers and Industrialists in Bulgaria. In the sports sector, the National Sports Trade Union was registered with the Sofia City Court in 2005. However, currently there is no information about any activity of this organisation and it has still not been registered in the unified Commercial Registry and Registry of the Non-Profit Legal Entities with the Registration Agency of the Republic of Bulgaria. On 4 August 2014, a Collective Bargaining Agreement in football between the Bulgarian Football Union, the Professional Football League and the Association of the Bulgarian Football Players was concluded with a term of validity of two years, for which there is no information to have been extended after its expiry in 2016. Also, the validity of the CBA in football was further questionable because of not meeting the legal requirements for the conclusion of such CBA at that level. In Cyprus ƚŚĞ ŬĞLJ ĂĐƚŽƌƐ ŝŶ ƚŚĞ ĞŵƉůŽLJŵĞŶƚ ƌĞůĂƚŝŽŶƐ ĂƌĞ ƚŚĞ ǀĂƌŝŽƵƐ ƚƌĂĚĞ ƵŶŝŽŶƐ͕ ĞŵƉůŽLJĞƌƐ͛ federations and associations and the Ministry of Labour, Welfare and Social Insurance. Trade unions in CyƉƌƵƐĂƌĞǀĞƌLJƉŽǁĞƌĨƵůĂŶĚĐĂŶƐŝŐŶŝĨŝĐĂŶƚůLJŝŶĨůƵĞŶĐĞƚŚĞŐŽǀĞƌŶŵĞŶƚ͛ƐĚĞĐŝƐŝŽŶŵĂŬŝŶŐ͘KŶƚŚĞŽƚŚĞƌ 159 hand, there are also a number of associations and federations consisting of employers which, like the labour unions, are striving to safeguard the employeƌƐ͛ƌŝŐŚƚƐĂŶĚďĞŶĞĨŝƚƐ͘ In Greece, like in Croatia, as regards trade unions, their operation and basic rights (recognition, representativeness, right to strike) are set in a special Act. Only the most representative unions of employees are authorized to conclude collective agreements. The Greek law on collective bargaining ƌĞĨĞƌƐƚŽĞŵƉůŽLJĞƌƐ͛ŽƌŐĂŶŝnjĂƚŝŽŶƐŽĨǁŝĚĞƌƌĞƉƌĞƐĞŶƚĂƚŝŽŶ͕ǁŚŝĐŚĐĂŶƐŝŐŶĂŐƌĞĞŵĞŶƚƐ ŝŶƚŚĞĨŝĞůĚŽĨ their domain (Act 1876/1990). There are different categories of collective agreements. The Minister has the power to extend the application of collective agreements. In case of negotiation deadlock, a settlement procedure is provided for by Law, including conciliation, mediation and arbitration. In Romania we may say that according to the Social Dialogue Law nr. 62/2011, the actors involved in the collective regulations of employment relations are Trade Unions/Labour Associations and Employers in line with art. 127 and the following In Slovenia, trade union representation is guaranteed by the Constitution of the Republic of Slovenia, which stipulates in Article 76 that the organisation and work of trade unions as well as trade union membership are free. Consequently, there are no legislative restrictions regarding the right to join trade unions. There are a lot of trade unions representing different segments of economy. Although social partners describe collective bargaining in Slovenia as more cooperative than conflictual, there are sectors where there is practically no social dialogue any more. There are some issues in social dialogue (for ĞdžĂŵƉůĞ͕ ŝŶĐƌĞĂƐŝŶŐďƌĞĂĐŚĞƐŽĨ ĐŽůůĞĐƚŝǀĞĂŐƌĞĞŵĞŶƚƐďLJĞŵƉůŽLJĞƌƐ͕ ŝŶĐƌĞĂƐŝŶŐǁŽƌŬĞƌƐ͛ƵŶƌĞƐƚĂŶĚ number of strikes, and a rise in unilateral and hasty government interventions in public sector working conditions). The Trade Union for athletes also exists but the membership covers only the minority of athletes and is more active in some team sports. 6.3. Legal Status of Athletes in Olympic Sport Regarding the legal status of athletes in Olympic sport we will start with court cases on the status of athletes in Olympic sports under national employment law, and here we must note that only in Bulgaria there was a case in volleyball where the main issue was whether the relationship of the parties was of employment law nature (Decision No 998 of 1 February 2016 under appeal civil case 3412 of 2015 of the Sofia City Court). The parties have concluded two contracts at the same time ʹ one employment agreement for indefinite period and another so-ĐĂůůĞĚ͞ƉƌŽĨĞƐƐŝŽŶĂůĐŽŶƚƌĂĐƚ͟ŚĂǀŝŶŐĂƐƐƵďũĞĐƚŵĂƚƚĞƌ the competition rights of the volleyball player, which according to the contract belonged to the club. The court held that the contract contained all necessary elements of a labour contract. The agreed scope of the contract was not related to the fulfilment of particular result, creation of a product or performance of concrete work but included the provision of labour regardless of the fact that it concerned the exercise 160 of sporting activity and competition rights. The parties have agreed the organisation, where the labour would be provided. The contract specified that the agreed activity would be performed multiple times during its duration (it was not about a single performance of a certain task). The allocation of the risk was on the employer in accordance with the agreed provisions for the payment of health and social insurance for the cases of temporary and peƌŵĂŶĞŶƚĚŝƐĂďŝůŝƚLJ͘ůƐŽ͕ƚŚĞĂŐƌĞĞĚƉůĂĐĞŽĨƚŚĞǁŽƌŬǁĂƐƚŚĞĐůƵď͛Ɛ premises and it was supposed to be performed through instruments provided by the employer. The court found that the contract contained labour law and civil law elements because the legal status of the athlete arose from a complex set of facts ʹ a contract with a club, by virtue of which the athlete has provided his/her competition rights and right of registration. Speaking about cases where the national labour laws provide specific measures to regulate sport, not all countries have such a case. In Bulgaria, we may conclude that the general employment legislation does not specifically address sport. The Law on Sport states in its article 77, par.1 that professional athletes shall perform training and competition activity by signing a contract against consideration with a sports club. However, the Law on Sport does not specify the precise legal nature of such contract ʹ labour or other type. Paragraph 2 of the same article contains the requirement for written form for such contract and also lists its minimum content: date of conclusion and commencement of the work; term of validity; the amount of the remuneration and the periodicity of its payment as well as the damages in case of delayed or unpaid remuneration; the rights and obligations of the parties; the conditions for the ƉƌŽĨĞƐƐŝŽŶĂůĂƚŚůĞƚĞƐ͛ŚĞĂůƚŚĂŶĚƐŽĐŝĂůŝŶƐƵƌĂŶĐĞ͕ĂƐǁĞůůĂƐƚŚĞŽďůŝŐĂƚŽƌLJŝŶƐƵƌĂŶĐĞƉŽůŝĐŝĞƐĂŶĚŵĞĚŝĐĂů insurance; the conditions for transfer or remise; the terms and procedure for terminating the contract; the damages due by the non-performing party to the contract; an arbitration clause. As it became clear on the basis of the case law Bulgarian courts would certainly find such contracts, when concluded in collective sports, to be labour law contracts to which the general employment law shall apply. In case of individual Olympic sports, there is likelihood that the relationship could be found to be different than employment. However, there is no such court practice existing. In Romania there are numerous laws which do provide specific measure to sport like the Law nr. 69 din 28 April 2000 of physical education and sport, Labour Code from 24 January 2003 (Law nr. 53/2003), Fiscal Code from 8 September 2015 (Law nr. 227/2015), and Governmental Decision nr. 1.447 from 28 November 2007. Despite the fact there several Law applicable, none of those law contains provisions regarding the status of the athletes in Olympic sports. In the Law nr. 69 din 28 April 2000 of physical education and sport there are provisions regarding high performance athletes (see Title II, Chapter IV ʹ High performance sports), but there are not specific provisions regarding the legal status of athletes in Olympic sports. Basically, these provisions are applicable to all the athletes regardless they are in Olympic sports or not. Title III Chapter III of the above-mentioned law is dedicated to the Romanian Olympic Committee as a structure, but there are no other provisions regarding the legal status of athletes in Olympic sports. 161 Figure 6.1: Legislation and court cases on the legal status of athletes in Olympic sports in the South-eastern European region. In Slovenia, some provisions in the Law on Sport regulate certain areas differently than in the Employment Relationships Act. For instance, the Law on Sport determines: in the case of concluding an employment contract with an athlete the contracting parties may, in the employment contract, regardless of to the restrictions set by the Employment Relationships Act, otherwise regulate the rights, obligations and responsibilities arising from the employment relationship in relation to: conditions and restrictions of fixed-term contracts (maximum duration of fixed-term contract is ten years), working hours, providing breaks and rests, payment for work, disciplinary responsibility and termination of the employment contract. The regulation of the employment of the athletes employed in different ministries is stipulated by the rules which are used for employees in ministries and are specific for each ministry where athletes are employed. Table 6.1: Potential employment relationships of athletes in the South-eastern European region. Actor / Employment contract available BUL CRO CYP GRE ROM SLO NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport Specific elite sport organisation 162 An important issue is the contractual relationship of athletes. The table below shows how the situation varies across the six countries. Here we must note that although there are contracts with the NOC or NAF (respectively of each country during or outside Olympic Games), in all the six countries those are not employment contracts (see further section 4). We do find the employment contract with athletes in Bulgaria, Croatia, Romania and Slovenia with the public authorities (see further section 7). 6.4. The Role of the National Olympic Committee Speaking about the contractual relationship of athletes and their respective NOC we must note that in Bulgaria the NOC and the athletes participating at the Olympic Games may enter into agreements with regard to the assistance provided by the joint programs of the IOC and the NOC for Olympic Solidarity, only during the Olympic Games. The criteria that an athlete must fulfil to enter into such contract with the NOC should be specified in the particular joint program for Olympic Solidarity of the IOC and the NOC regarding the provision of such assistance. Athletes participating at Olympic Games may receive money from the NOC for their personal and independent use during the Olympic Games. All athletes participating at Olympic Games receive equal amounts based solely on the fact of participation. In Romania, outside the Olympic Games there exists only contracts with elite athletes based on the Law nr. 69 din 28 April 2000 of physical education and sport, Labour Code, Fiscal Code and the Governmental Decision nr. 1.447 from 28 November 2007 regarding the approval of Financial norms regarding sport activities published in Official Gazette in Rumania. The contracts are signed between athlete and NOC and are fixed-term contracts. The fixed-term contracts are signed for one year and they could be renewed depending on the performance of an athlete. The athlete is proposed by the National Federation in order to enter into a contract with the NOC and they are included in special training programs in order to achieve the objectives. The athlete is always proposed by the National Federation based on the performance of the athlete in achieving Olympic sport goals. There are around 220 athletes in that programme and they sign sport activity contract. The training plan of a National Federation considers the calendar of the international weeks of the International Federations. The working time is detailed in the training plan, approved by the NOC or National Federations or Clubs. The training plan is made by coach, approved by the Federation and by the NOC. More precisely, the training plan could be approved by the Federations or by a Speciality Commission composed by experts in sport, trainers/coaches established by the Federation and functioning within the National Federation. In Slovenia, athletes do not have a contract with the NOC outside the Olympic Games, although if they reach some good results they get some benefits from the NOC. Criteria results are different for different sports. Contracts are signed with all athletes who achieve the criteria results, which are the combination of international and national sport criteria. Contracts are signed 2 years before each Olympic Games. Currently, we are speaking about around 100 athletes. During the Olympic Games there are contracts 163 with athletes and the parties to the contract are the NOC, national sport federation and the athlete, as a standard form contract. Classification/status under that contract: the NOC is service provider for the Athletes and their Federation. The contract has a duration from few months before the Olympic Games till the end of the Olympic Games. Each party can terminate the contract. The general civil court is competent to solve possible disputes arising from the contract. The Slovenian NOC also pays financial awards for places 1 to 5 at the Olympic Games, 1 to 3 at World and European championships. All Olympic candidates receive a small allowance to cover personal costs. The NOC has a scholarship program for young talented athletes and a special fund for elite athletes (Olympic and World championships medallists). Scholarship program intends to support best young athletes which achieved top sport results ĂƚŵĂLJŽƌŝŶƚĞƌŶĂƚŝŽŶĂůĐŽŵƉĞƚŝƚŝŽŶƐĂŶĚĂƌĞƌĞŐƵůĂƌƐƚƵĚĞŶƚƐ͘^ƚƵĚĞŶƚƐŝŶ,ŝŐŚƐĐŚŽŽůƐƌĞĐĞŝǀĞΦϭϲϰ͕ϬϬ monthly and students in University programmes ƌĞĐĞŝǀĞΦϮϲϰ͕ϬϬŵŽŶƚŚůLJ͘ůůƚŽŐĞƚŚĞƌŝŶϮϬϮϭƚŚĞLJĂƌĞ 189 athletes involved from 51 different sport disciplines. In Croatia, if an athlete reaches some good results at the last Olympic Games they sign a contract with the NOC and its Federation. He/she gets some benefits (financial and non-financial) from the NOC and become one of the Olympic candidates until the next Olympic Games out of 3 categories: potential KůLJŵƉŝĐĐĂŶĚŝĚĂƚĞĂŶĚ͕ƉŽƚĞŶƚŝĂůŽůLJŵƉŝĐƚĞĂŵƐ͕KůLJŵƉŝĐĐĂŶĚŝĚĂƚĞ͕ĂŶĚ͞dŽƉ͟KůLJŵƉŝĐĂndidate. dŚĞƌĞŝƐĂůƐŽƚŚĞ͞ĞǀĞůŽƉŵĞŶƚƉƌŽŐƌĂŵŵĞ͟ĨŽƌLJŽƵŶŐĞƌĂƚŚůĞƚĞƐǁŝƚŚϱĐĂƚĞŐŽƌŝĞƐ͗/͕/ͬϮ͕//ͬϭ͕//ͬϮĂŶĚ ///͘dŚĞLJĞĂƌůLJĨŝŶĂŶĐŝĂůƐƵƉƉŽƌƚĨŽƌƚŚĞĂƚŚůĞƚĞƐŝŶƚŚĞ͞ĞǀĞůŽƉŵĞŶƚƉƌŽŐƌĂŵŵĞ͟ǀĂƌŝĞƐĨƌŽŵΦϱ͘ϱϮϱ͕ϬϬ ƚŽ Φϭ͘ϳϳϱ͕ϬϬ ĞŶĚ ĐŽŵƉƌŝƐĞƐ ƚŚĞ ĐŽǀĞƌ the costs of (preparation and competition, use of facilities, equipment, testing & diagnoses, vitaminisation, health protection and health check-ups, and especially travel insurance and additional health insurance for athletes cathegories II/1 up to the athletes who enjoy the Olympic programme. We, must also note that the status of Olympic candidate enjoy athletes who have achieved some good results at international competitions according to the NOC of Croatia Criterias for the next Olympic Games cycle. The Olympic programme and the Development programme are in reality additional programmes since Regular programmes have the scope to cover the expenses of world or europan competition and preparations. At the beginning of 2021, there were 109 summer Olympic Athletes candidates and 8 winter Olympic Athletes candidates. Also, during the Olympic Games those contracts are in force. The NOC pays a scholarship to the three categories of the Olympic candidates for the whole four-year period. The value depends on the category. So, we may conclude that the NOC has a scholarship program for young talented athletes and a special fund for elite athletes (Olympic and World championships medallists). Furthermore, the athletes who won a medal are entitled to a special financial award from the State but also from some federations for their respective sport. Finally, the Ministry of Tourism and Sport covers the scholarships for public or private study programmes for athletes. In Cyprus and Greece, there is no contractual relationship with athletes outside or during the Olympic games. Still, the Greek NOC offers one-ŽĨĨďŽŶƵƐĞƐĨŽƌĞůŝƚĞĂƚŚůĞƚĞĂĐŚŝĞǀĞŵĞŶƚƐ;Ğ͘Ő͘ΦϭϬ͘ϬϬϬ͕ϬϬǁĞƌĞ 164 ĂŶŶŽƵŶĐĞĚ ĨŽƌ ƋƵĂůŝĨŝĐĂƚŝŽŶ ƚŽ ƚŚĞKůLJŵƉŝĐƐ ŝŶ ŝŶĚŝǀŝĚƵĂů ƐƉŽƌƚƐ ĂŶĚΦϮ͘ϱϬϬ͕ϬϬ ƉĞƌ ƉĞƌƐŽŶ ĨŽƌ ƚĞĂŵ sports). The amounts may differ between given times and events, according to the economic potential of the NOC. Furthermore, athletes who achieve 1st to 3rd place in summer and winter Olympics, World and European Championships and equal or break a world record in women/men categories, are awarded with a success bonus, the amount of which is decided by a joint decision of the Minister of Finance and the Minister of Culture and Sports. Figure 6.2: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from the NOCs of the South-eastern European region. In all six countries, pursuant to the NOC Regulations the NOC shall provide assistance for the transportation and the accommodation of the members of the delegations of all six countries including the athletes. In practice the NOC covers all costs for the transportation and the accommodation of the athletes during the Olympic Games including the competitions. The NOC also provides the official uniforms of the athletes for the opening ceremony, which they may retain. It does also provide sports clothing and sporting equipment to the athletes participating at the Olympic Games as far as the athletes have not received such clothing and/or equipment from the respective federation or by virtue of sponsorship agreement. In Bulgaria, the athletes are free to use their own clothing and sporting equipment during the competitions but they are obliged to wear the uniform provided by the NOC during the rest of the time of the Olympic Games. 165 6.5. The Role of the National Athletics Federation In Bulgaria, Romania and Slovenia we find contracts between athletes and the National Athletics Federation (NAF) outside the Olympic period as well as during the Olympic period. Except for Croatia and Greece, we find that in other countries the NAF ƉƌŽǀŝĚĞƐĂƚŚůĞƚĞƐǁŝƚŚ͞ĚŝƌĞĐƚŝŶĐŽŵĞ͟ŽƌŵŽŶĞLJƚŚĞ athletes receive for their personal and independent use. Outside the Olympic period, in Bulgaria, before signing an individual agreement with an athlete, the Bulgarian Light Athletics Federation (BLAF) enters into a general contract with the Ministry of Youth and Sport (MYS) for receiving targeted funding for Olympic preparation in implementation of project to that end submitted by BLAF and approved by the MYS. Although it is project-related but in reality, the federation completes standard forms indicating the amounts they need. Then, the BLAF enters into individual agreements with the particular athletes, providing the concrete amounts and the purposes for which they must be spent ʹ trainings, recuperation, equipment, monthly allowances and the like. The said individual agreements are valid for one year, which usually coincides with the calendar year. Regarding the conditions the athlete must fulfil we must say that the BLAF explains in the project application to the MYS the anticipated results, for example the perspectives for their athletes of winning medals or achieving good ranking at the next Olympic Games. And on the basis of the results achieved during the previous Olympic period the MYS grants the requested funding in full or partially. Then, the BLAF has the discretion to which particular athletes to provide funding in order to achieve the anticipated results based on their development and previous results. During the period of the Olympic Games or an international sporting event the same individual agreement for Olympic preparation (the contract outside the Olympic period) is signed every year for the respective calendar year and is valid also during the period of the Olympic Games or an international sporting event. Pursuant to such agreement the athlete is obliged to participate in all competitions included in the International Sports Calendar of the athletics federation for the respective year and if there are Olympic Games in that year they are included in the said calendar. Therefore, no separate other agreements are signed only for the participation in such events. The money athletes receive is a monthly allowance payable by the federation in performance of project for preparation financed by the budget of the Ministry of Youth and Sport. The source of the allowance is the budget of the Ministry and the actual payer to the athlete is the NAF. It is always project based and individual athletes cannot apply directly. An one-time allowance payment scheme also exists. Regarding the funding policy/scheme and the potential requirements an athlete must fulfil we must say that pursuant to the Law on Sport, financial support with public funds is granted on the basis of a contract with the respective sports federation, accompanied by a financial plan for the amount of the funds for the activities to be supported. Participation in sporting events and competitions in Bulgaria and abroad and training and recuperation of athletes are activities eligible for financing with public funds. The particular procedure for granting financial support is specified in a decree issued by the Minister of Youth and Sport. The project application must contain, inter alia, the anticipated results from 166 the realization of the project, financial plan with reasons for the amount of the requested funds and the amount of the own funding. The Minister of Youth and Sport designates commissions for evaluation of the projects. The commissions make proposals with reasons to the Minister for approval or not of each individual project and for the amount of the funds to be granted. The minister issues an order, by which it approves and finances fully or partially the proposed project or does not approve it and refuse the requested funds. As evident from the above-described procedure, the particular amounts of the allowances granted to the athletes are not fixed in advance and they are specified under each individual project. In Romania, there are contracts with the NAF only for the athletes who are part of National Centres of Excellence or from Olympic Centres. Both, National Centres of Excellence and Olympic Centres are structures without legal personality. National Centres of Excellence are established by Order of the Ministry of Sport. National Centres of Excellence are under the coordination of Ministry of Sport and are established upon a cooperation among various entities like local authorities, Ministry of Sport, Ministry of Education, National Sport Federations. Each of these legal entities contributes with a different item to the establishment of a centre. E.g., the local authority contributes with infrastructure (sport hall, stadium, etc) and payment of salaries of coaches, doctors, while the Ministry contributes with equipment and the National Federation contributes with trainers/coaches. The Olympic Centres are under the coordination of NOC, which provides all its necessary for functioning of such a centre. Various criteria exist: age, value of an athlete, if the athlete is registered to a club or is a member of national teams. The NAF, like in Bulgaria, pays to its athletes the sport allowances. The amount is fixed by the Governmental Decision which sets up the minimum and maximum standard.39 In Slovenia, there are contracts as four-party agreements (between Athletic Federation, club, athlete, athlete's coach). The contract consists of the following: purpose of contract, obligations of all the parties, the possibility of changed circumstances and termination of the contract and settlement of disputes. The only criteria are results from the last season and depending on the quality of the result, a different substance of the contract is concluded. There are four different levels and consequently four different amounts. In total there are 41 athletes in a contractual relationship with the NAF in Slovenia. The annual contract is signed every year, regardless of whether it is the Olympic or non-Olympic year. When participating in the Olympic Games, the Olympic candidates have contracts with the NOC like in other countries. The substance of the contracts signed with the NAF is very specific depending on different categories of athletes. Money is paid as monthly allowance. Under the contracts Slovenian Athletic Federation is obliged to pay monthly allowance to the athletes in 4 different categories. In top category ;ϱĂƚŚůĞƚĞƐͿĂƚŚůĞƚĞƐƌĞĐĞŝǀĞΦϵϭϳ͕ϬϬŵŽŶƚŚůLJ͕ŝŶdŽƉƐĞůĞĐƚŝŽŶ;ϳĂƚŚůĞƚĞƐͿĂƚŚůĞƚĞƐƌĞĐĞŝǀĞΦϱϬϬ͕ϬϬ͕ 39 Governmental Decision nr. 1.447 from 28 November 2007 the approval of Financial norms regarding sport activities published in Official Gazette nr. 823 din 3 December 2007 167 ŝŶ/ŶƚĞƌŶĂƚŝŽŶĂůƐĞůĞĐƚŝŽŶ;ϭϱĂƚŚůĞƚĞƐͿĂƚŚůĞƚĞƐƌĞĐĞŝǀĞΦϭϲϳ͕ϬϬŵŽŶƚŚůLJĂŶĚŝŶdŽp youth selection (14 ĂƚŚůĞƚĞƐͿĂƚŚůĞƚĞƐƌĞĐĞŝǀĞΦϭϬϰ͕ϬϬŵŽŶƚŚůLJ The Amateur Athletic Association (AAA) in Cyprus does not have the financial capacity to actively and effectively financially assist athletes since its funding mostly comes from the CSO. Nevertheless, the AAA have in place an annual plan to motivate athletes. This plan is based on a point system where athletes, both male and female, are awarded points depending on the competition and their achievement. The first 30 athletes receive financial ĂƐƐŝƐƚĂŶĐĞ ƌĂŶŐŝŶŐ ĨƌŽŵΦϮϳ͘ϬϬϬ ĨŽƌ ƚŚĞϭst ƉůĂĐĞ ƚŽΦϯ͘ϬϬϬ ĨŽƌ ƚŚĞ 30th ƉůĂĐĞ͘/ŶƚŽƚĂů͕ƚŚĞƐĞϯϬĂƚŚůĞƚĞƐƌĞĐĞŝǀĞĂƚŽƚĂůĂŵŽƵŶƚŽĨΦϮϱϴ͘ϬϬϬ͘ƉĂƌƚĨƌŽŵƚŚĞƐĞϯϬĂƚŚůĞƚĞƐ͕ in case an athlete who is not included in the top 30 of the plan achieves one the first place of a track sport in the National Competitions, he/she is also entitled to financial assistance, the amount of which is in the discretion of the AAA. Figure 6.3: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from the National Athletics Federations of the South-eastern European region. tŚĞŶƚŽĂĚĚŝƚŝŽŶĂů ĨƵŶĚŝŶŐ ;͞ŝŶĚŝƌĞĐƚ ŝŶĐŽŵĞ͟ͿĂŶĚŽƚŚĞƌďĞŶĞĨŝƚƐ ;ŵĂƚĞƌŝĂůŐŽŽĚƐͿ that support the sporting career of athletes (e.g., expenses payments, equipment, accommodation, transportation), we must note that in all countries we see that athletes enjoy almost the same rights. We may say that there is no country which differs significantly and that in all countries, athletes enjoy the right to sports equipment, travel costs, and accommodation costs being covered during competitions, as well as their ĐŽĂĐŚĞƐ͛ĐŽƐƚƐĂŶĚĐŽƐƚƐŽĨǀŝƚĂŵŝŶƐƵƉƉůLJĞƚĐ͘ďĞŝŶŐƉĂŝĚ͘dŽĐŽŶĐůƵĚĞ͕ǁĞŵƵƐƚĂůƐŽ say that there are no policies, regulations or contract provisions which restrict the athlete from pursuing additional work in all six countries. 168 6.6. The Role of Public Authorities Without a Generic Focus on Elite Sport Regarding the contractual relationship between athletes and public authorities/entities or state agencies we may generally conclude that those public authorities/entities are mostly ministries of interior, defence or some other ministry which could employ the athletes. In Bulgaria, elite athletes in sports such as shooting, boxing, wrestling, light athletics, and swimming have employment as state officers with the Ministry of Interior under standard employment agreements. The particular content of the contracts is not available. One famous Bulgarian professional athlete was recently produced to lieutenant from the reserve of the armed forces. In Croatia, athletes in individual sports (currently 50 athletes) and the Ministry of Defence conclude a contract based on an Agreement on cooperation and development between the Ministry and the NOC of Croatia. The list of athletes is being updated every year according to results but the complete update is done after the Olmypic games. The contract is based on the status of civil servants but is a status of reserves in the armed forces. Athletes receive salaries under the labour contracts which they sign with the respective ministry. Athletes employed by the Ministry have formal obligations to fulfil their sport programmes of preparations and competitions. Furthermore, they have obligations to be in the contact and report to their employers, to wear clothes with logos and also attend some happenings organised by ministries. The governments also pay for achievements (medals) at the World and European championships. Expense payments, equipment and accommodation and transportation for training and the participation in competitions is covered by the ministry. Furthermore, the state is financing national sport federations and the local authorities are also financing sport clubs so that athletes indirectly have benefits for their preparation programme. In Romania, athletes enter into a contractual relationship with the Ministry of Defence, Ministry of Interior and Ministry of Transport. Athletes have the right to allowances and bonuses for national and international championships and bonuses for fulfilling the objective according to the Sport Activity Contract. In addition, athletes receive expenses payment, equipment, accommodation and transportation for training for participation at national championships. In Slovenia, an athlete and a certain ministry - Ministry of Interior (Police), Ministry of Finance (Customs) and Ministry of Defence - conclude a contract based on labour law for a limited time (1 or 2 years). An athlete has to be recognised by the criteria as a »elite athlete« or as an Olympic candidate. He must also be chosen by the State's employment coordination commission since the quota is limited. The income athletes receive is a regular salary under a labour contract. Athletes are also eligible to receive medal bonuses. The state, again, also plays a role in financing NSFs and sport clubs. Similar obligations as in Croatia exist for athletes employed by public authorities in Slovenia. 169 Figure 6.4: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from public authorities without a generic focus on elite sport of the South-eastern European region. 6.7. The Role of Specific Elite Sport Organisations The General Secretariat of Sports (G.S.S.) in Greece, as a Specific Elite Sport Organisation, has a goal to cultivate, disseminate but also the consolidate of the sports spirit in society. It also aims to safeguard the values of Olympism and to promote the Olympic Spirit. The G.S.S. is responsible for the administration and organization of all sports facilities and services, so that there is efficiency and effectiveness. It is the body that supervises and controls all kinds of legal entities in the field of sports, in accordance with the provisions that apply on the Sports Policy program. The state intervention in sports is expressed and implemented through the General Secretariat of Sports. A large part of the functions of the federations, ranging from the electoral systems and their budgets, to the disciplinary institutions and the formal operation of the clubs, are controlled and approved by the G.S.S. In Cyprus, the Cyprus Sports Organization has implemented a program which awards athletes according ƚŽƚŚĞŝƌĂŶŶƵĂůĂĐŚŝĞǀĞŵĞŶƚƐ͘ĞƉĞŶĚŝŶŐŽŶĞĂĐŚĂƚŚůĞƚĞ͛Ɛ achievements and the association with which she/he is registered, she/he might be entitled to a certain amount of money. The payments are not the result of any collective negotiations since it is up to the sole discretion of the Cyprus Sports Organization. However, the criteria of the award scheme are publicly available and determine the conditions under ǁŚŝĐŚĂƚŚůĞƚĞƐĂƌĞĞůŝŐŝďůĞĨŽƌďŽŶƵƐƐĞƐŽĨƵƉƚŽΦϭϱϬ͘ϬϬϬĨŽƌĂŶKůLJŵƉŝĐŐŽůĚŵĞĚĂů͘ Although, no specific elite sport organisation exists in Bulgaria, we find it interesting to note that the funding explained in section 5 is fully provided by the Ministry of Youth and Sport. It can be spent for life-long monthly bonuses, monthly cash allowances and one-time cash allowances payable to athletes as provided in article 134 of the Law on Sport. Pursuant to article 134 of the Law on Sport funds from the budget of the Ministry of Youth and Sport shall be used to award, inter alia, prizes to athletes, 170 medallists and prize winners from European and world championships, Olympic Games and similar games and leagues for people with disabilities. Figure 6.5: Contractual relationships (excluding specific contracts for participation in sport events) and direct income of athletes from specific elite sport organisations of the South-eastern European region. 6.8. Sponsorship, Self-Marketing and Additional Work In case of sponsoring only in Romania there is an actor that offers standard/model contracts as a service which athletes might use for sponsorship deals and it is the NOC of Romania. Regarding case-law on issues which arose form a sponsorship contract, there was only one case in Greece where the No 1110/2015 judgement of the Court of First Instance of Athens ruled on a case between an athlete who failed to pass his doping control tests and his sponsor. Their contract stipulated that, in case of doping control failure, the athlete was obliged to return the sponsorship retroactively. The sponsor, which was a private enterprise, had a contractual agreement with the elite athlete, stipulating that, the athlete would advertise its products, and as a return the sponsor would provide bonuses, in case of certain sports achievements. The agreement included a penalty clause, which stipulated that, in case the athlete was proven to have used prohibited substances, he would have to return the sum of the amounts received by the sponsor, retroactively. Two years after the agreements was concluded, and after the athlete was awarded with bonuses, he failed a dope control test, and he was punished by the disciplinary body of the Federation with a two-year suspension from sports activity. The athlete refused to return the amounts he received, on several grounds, the most important of which was that the dope control ƚĞƐƚǁĂƐŶŽƚĚŽŶĞĂĐĐŽƌĚŝŶŐƚŽƚŚĞĚƵĞƉƌŽĐĞĚƵƌĞ͘dŚĞĐŽƵƌƚƌĞũĞĐƚĞĚƚŚĞĂƚŚůĞƚĞ͛ƐĂƌŐƵŵĞŶƚƐĂŶĚƌƵůĞĚ in favor of the sponsor, ordering the return of the sponsorship amounts to the sponsor. Marketing and commercial opportunities are an important sector for athletes. Speaking about the incentives for self-marketing and commercial opportunities in Greece, the NOC is very active in providing 171 its network in order to bring together athletes and private sponsors who are interested in supporting ƚŚĞŵ͘dŚĞŵŽƐƚƉƌŽŵŝŶĞŶƚĞdžĂŵƉůĞŝƐƚŚĞĂĐƚŝŽŶĐĂůůĞĚ͞ ĚŽƉƚĂŶƚŚůĞƚĞ͘͟dŚĞƌĞŝƐŶŽĨŽƌŵĂůƉƌŽĐĞĚƵƌĞ for the action, or standard contract. The sponsor and the athlete arrange their contractual relationship independently and according to their interests. In Slovenia, the NOC has a programme to educate athletes how to make a self-brand and also connects athletes with NOC sponsors. Regarding the restrictions on self-marketing and commercial opportunities we note that they are stipulated through regulations of all the NOCs by virtue of the IOC Rule 40. Furthermore, in all countries the NOC is authorized by virtue of the bye-law to Rules 27 and 28 of the Olympic Charter to have the sole and exclusive authority to prescribe and determine the clothing and uniforms to be worn, and the equipment to be used, by the members of their delegations on the occasion of the Olympic Games and in connection with all sports competitions and ceremonies related thereto. This power of the NOC may be qualified as a restriction to certain commercial opportunities that would be otherwise available to the athletes. However, in Bulgaria the NOC rules allow the athlete to use their own clothing and/or sporting equipment during the competitions at the Olympic Games, which reveals the option for them to receive such clothing and equipment on the basis of other commercial arrangements. Speaking about special rules for the NAF we must highlight that in Bulgaria the NAF includes a provision in the contracts with its athletes, obliging them to wear specific kind of equipment at the official championships and thus limiting the commercial option for the athletes to advertise potential sponsors at such championships. In Croatia and Slovenia, the NOC has established a certain policy for candidates for the Olympic Games to avoid the conflicts between NOC sponsors and the sponsors of NF and athletes. In the contracts signed in the period of the preparations for the Olympic Games, the NOCs checks the situation with the sponsors of the National Federation or athletes as the principle of the exclusivity of sponsors is the foundation of sponsorship contracts within the Olympic family. In Slovenia, commercial opportunities for athletes are furthermore regulated in the contracts with the national athletic federation and depend on the level and type of the contracts. In Romania, there are also specific rules determined by the NAF Regulations. The rules refer to certain standards of performance of an athlete. Based on the specific rules an athlete is included in various categories of performance. Furthermore, in all countries we cannot find any policies, regulations or contract provisions which restrict the athlete from pursuing additional work. 172 6.9. Occupational Safety and Health Regarding the specific national laws or court decisions on health and safety provisions for athletes, we find such only in Romania. Health and safety provisions are encompassed in Law nr. 69 din 28 April 2000 of physical education and sport (art. 54 and subseq) and by the National Institute for Sport Medicine as a public authority under the Ministry of Health. Art 57 of Law nr. 69 din 28 April 2000 of physical education and sport set up the national framework for medical control and medical assistance for athletes. According to the art. 57, the technical norms for medical control and medical assistance for athletes are drafted jointly by Ministry of Sport and Ministry of Health. According to art. 57, para 2 Ministry of Health is responsible to realize medical control and medical assistance through National Institute for Sport Medicine for national and Olympic teams. During the Olympic Games the health and safety obligations fall under the NOC and organizers. Outside Olympic Games the obligations fall under clubs, NOC and organizers of the competition, depending on the contract of the athletes according to Law nr. 69 din 28 April 2000 of physical education and sport and the law encompass all the provisions set in the table infra. In all other countries the general law applies to athletes. In Bulgaria, the Law on Sports provides for mandatory inclusion of provisions for insurance policies and ŵĞĚŝĐĂůŝŶƐƵƌĂŶĐĞŝŶƚŚĞĂŵĂƚĞƵƌĂŶĚƉƌŽĨĞƐƐŝŽŶĂůĂƚŚůĞƚĞƐ͛ĐŽŶƚƌĂĐƚƐǁŝƚŚƚŚĞŝƌĐůƵďƐ͘dŚĞĐŽŶƚƌĂĐƚƐŽĨ professional athletes must also contain conditions for their health and social insurance. Even in cases where no contract is signed between an athlete and a club, the athlete is entitled to the mandatory insurance policies and medical insurance, which are necessary for participation in training and competition activity. The Law on Sport further obliges the sports federations to adopt rules regarding the mandatory insurance policies of the amateur and professional athletes practicing the respective type of sport. As a matter of fact, many individual agreements between federations and athletes also contain obligations of such federations to provide insurance policies and medical insurance for the athletes although this obligation does not arise directly from the law. Apart from the above special provisions concerning the health and safety of athletes the general Law on the Healthy and Safe Conditions at Work is applicable to all places, where work is provided. This means that it will apply also with respect to the sports facilities where training and competition activity is exercised. Also, the said law is applicable to the persons who are working alone on their account. Such persons are obliged to provide healthy and safe conditions at work in all cases, related to the work and not only with regard to the working persons but, also, regarding all other persons that might be in or near the working place on whatever occasion. Working person in the context of the Law on the Healthy and Safe Conditions at Work could be also a person, who is self-employed. The requirements of the law with regard to the working equipment that must not threaten the health and the safety of the working persons will be definitely applicable to the sports equipment at sports facilities. 173 Pursuant to the individual agreements between the Bulgarian NAF and the athletes, the NAF requires the athletes to attend at specific time and venues the training camps and the competitions of the national team. In this respect, the NAF will be responsible for the provision of healthy and safe conditions at work during the camps and the competitions. Regarding the safety of the sports equipment used at sports facilities and the safety of such facilities themselves such responsibility could be sought by the respective owner of the facility. The NAF will be responsible for providing occupational safety protections rights to the athletes who are members of the national team. The other athletes must be insured against accidents at work and receive full medical insurance by their clubs, whose obligation shall arise from the law in the cases where the particular contract between an athlete and a club does not contain such provision. Other actors do not play a role in ensuring occupational safety and health of athletes in Bulgaria. In Cyprus, the health and safety of athletes, as well as of every individual, is regulated by the ordinary Tort Law (Cap 148). The owner and/or the person who is in possession of a gym might be held liable for the damages incurred to an athlete following an injury in a game or training, if the court decides that the injury was sustained due to a breach of duty of the gym owner / occupant. For example, if some training equipment is defective and as a consequence an athlete is injured whilst using that defective equipment, the owner of the gym or the person in possession of it will be ordered by the court to compensate the ĂƚŚůĞƚĞ͛ƐĚĂŵĂŐĞƐĂŶĚŝŶũƵƌŝĞƐ͘tŚĂƚŝƐŵŽƌĞ͕ŝĨĂŶĚǁŚĞŶĂŶĂƚŚůĞƚĞŝƐĂŶĞŵƉůŽLJĞĞ͕ƚŚĞ> ĂǁŽŶ^ĂĨĞƚLJ and Health in Work (89(I)/1996 might be applicable. However, in order for this law to be applicable, the athlete will first need to prove that his injury was the result of a breach of duty or a negligent act of his employer. If the athlete simply had an injury whilst competing or training, and that injury was not the result of a breach of duty or a negligent act of the employer, but only an injury which came up in the ordinary course of the game or training, this law will not apply since the injury was not the result of breach of duty or negligence of the employer. According to the national legislation, every person involved in sports first needs to be certified by the NAF as being medically (physically) fit to compete. All athletes of all sports need to submit certain medical examinations to the federation and these results are examined by a specialised committee composed of ĚŽĐƚŽƌƐǁŚŽĞdžĂŵŝŶĞĞĂĐŚĂƚŚůĞƚĞ͛ƐƌĞƐƵůƚƐĂŶĚĂƵƚŚŽƌŝƐĞŚĞƌͬŚŝƐƉĂƌƚŝĐŝƉĂƚŝŽŶŝŶƐƉŽƌƚŝŶŐĐŽŵƉĞƚŝƚŝŽŶƐ in Cyprus. Moreover, other public authorities such as the Ministry of Health, through the General Healthcare System, provides medical support to athletes if they are registered as beneficiaries in the system. During the period of Olympic Games, the only entity which might be liable for the health and safety of athletes in Cyprus is the NOC. Especially if the games are abroad and the athletes travel to the games as a team under the guidance and supervision of the NOC. If, during such games, an athlete sustains an ŝŶũƵƌLJĂŶĚƉƌŽǀŝĚĞĚŝƚŝƐƉƌŽǀĞŶƚŚĂƚƚŚĂƚŝŶũƵƌLJǁĂƐƚŚĞƌĞƐƵůƚŽĨƚŚĞEK͛ƐďƌĞĂĐŚŽĨĚƵƚLJŽƌŶĞŐůŝŐĞnce, the NOC will then be held liable to compensate the athlete. The NAF does not have any direct 174 involvement in Olympic Games. For the period outside Olympic Games, the NOC will hardly be liable for ĂŶĂƚŚůĞƚĞ͛ƐŝŶũƵƌLJ͘dŚĞŽŶůLJƉŽƐƐŝďŝůŝƚLJĨŽƌƚŚŝƐƚŽŚĂppen is if the athlete was injured in a gym or using an equipment provided to him by the NOC and provided the court accepts that his injury was the result of a breach of duty or negligence by the NOC. For the same reason, in case of breach of duty or negliŐĞŶĐĞǁŚŝĐŚůĞĂĚƐƚŽĂŶĂƚŚůĞƚĞ͛ƐŝŶũƵƌLJƵƐŝŶŐĞƋƵŝƉŵĞŶƚŽƌŐƌŽƵŶĚƐƉƌŽǀŝĚĞĚďLJƚŚĞ^K͕ƚŚĞůĂƚƚĞƌ might be held liable. In Greece, there are applied the Art. 308 of the Greek Penal Code regarding bodily injuries, Art. 914 of the Greek Civil Law Code regĂƌĚŝŶŐĐŽŵƉĞŶƐĂƚŝŽŶ͕ƌƚ͘ϭϮϴȺŽĨĂĐƚEŽϮϱϮϳͬϭϵϵϵ;^ƉŽƌƚƐ> ĂǁͿƌĞŐĂƌĚŝŶŐ doping, Act No 3418/2005 regarding medical malpractice. There was even a Judgment (477/2004) of the preliminary board of Misdemeanour of Patras (367/2003 and 368/2003 of the Court of Misdemeanour of Patras) in which have rendered liability in case of the death of a boxer. The National Federation organized amateur boxing games, forming categories for the athletes, according to their body weight, and not their experience, as an additional criterion. As a result, a less experienced athlete boxed with an experienced one. The bout ended with the death of the less experienced athlete. The administration of the Federation, the referee of the game, and the boxer were charged with manslaughter, the first two for omission to act, although they had an obligation to do so by the law. The indictment for the Federation was based on failing to meet their obligation to categorize the games in a way that would keep the athletes safe. The referee was charged for not stopping the game on time, and the athlete for acting with negligence against his dead opponent. The administration of the Federation was acquitted, and both the referee and the boxer were convicted as charged. Besides, health and safety obligations ought to be observed by the professionals who are in charge of the training of the athletes and the sports events. Liability may range from coaches and doctors who attend the activities, to the administration of Federations, for omitting to take safety measures for the ĂƚŚůĞƚĞƐ͛ǁĞůů-being. The NOC provides health insurance for the Olympic athletes, and covers medical expenses in case of injury. The General Secretariat of Sports (Ministry) has announced that an act is to be adopted, which will oblige the federations to provide psychological support to athletes, something that was rarely done so far. In Croatia and Slovenia, the basis of the national health system is compulsory health insurance. But it does not cover all the services that the athletes need. The general national law is the Health Care and Health Insurance Act. While health and safety fall under the State's jurisdiction, the NOCs are providing some additional health benefits for all categorized athletes outside the Olympic Games period and during the Olympic Games period (accident insurance, mental health, prevention and medical check-ups). Some national sport federations and some clubs have contracts with health institutions where athletes can treat their medical issues. For the Olympic Games, the athletes are obliged to perform a preventive medical check-up. Besides that, all categorized athletes have the right for a yearly medical check-up. 175 In Croatia the medical tests are mandatory only for taking part in competitions and the Sports Act says that persons allowed to participate in sporting competitions are persons whose general health was good in the period of six months before the sporting competition, and, when so prescribed by the regulations passed by the Minister in charge of heaůƚŚǁŝƚŚƚŚĞDŝŶŝƐƚĞƌŝŶĐŚĂƌŐĞŽĨƐƉŽƌƚƐ͛ĂƉƉƌŽǀĂů͕ĂůƐŽĂƐƉĞĐŝĂů health ability is demanded, unless the provisions of the national sports federation determine a shorter period then six months. In Slovenia, the rights for health and medical service depend on the level of the athlete and are specified in the contracts which he signs with the NOC or national federations. The NOC has established a system with additional insurance, which ensures that the services are good and fast. Table 6.2: Occupational safety and health provisions for athletes in the South-eastern European region. Actor / Occupational safety and health provisions Accident insurance Mental health Physical health Prevention Safety policies Medical check-ups Access to medical facilities NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation * Statutory occupational safety and health provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. 176 6.10. Social Protection In this paragraph we will focus on the social protection of athletes. Speaking about the general provisions in Bulgaria (please see also supra under Occupational Safety and Health), in practice, all Olympic athletes including those exercising individual sports have concluded contracts with sports clubs because the existence of such contract is a mandatory condition precedent for the registration of any professional athlete as such and without such registration no athlete could obtain the right to compete in Bulgaria. There is an option under the Law on Sport for an amateur athlete to be registered on the basis of application only with no actual contract signed with a club, however, this option is unavailable for a professional athlete. In some sports athletes, who are national team members, conclude individual agreements not only with the respective federation but, also, with their club (e.g. tripartite agreements). Pursuant to such agreements the club undertakes (...) to provide conditions to the athlete to train outside the periods of the national team camps. Despite the absence of specification in the Law on Sport regarding the type of the contract concluded between an athlete and a club and the similar absence of court practice clarifying the type of the contract in case of individual sports, in reality, in most of the cases athletes are insured against health and social risks as employees working under employment agreements with sports clubs. Also, it should be noted that persons who pursue studies in higher schools do not pay social security contributions, which are for the account of the respective higher schools. Therefore, athletes who are studying at the National Sports Academy or other higher schools receive their health and social protection that way. In Cyprus, in order for a person, athlete or not, to be entitled to social protection, he/she either needs to be contributing to the social insurances fund as an employee or self-employed (service provider) or needs to be a family member of such a person. In Romania, there are numerous legal sources determining such a right, for instance Law nr. 69 din 28 April 2000 of physical education and sport in conjunction with general laws like Social health insurance Law 95/2006, Labour Code (Law nr. 53/2003), Unitary Public Pension System Law nr. 263 from 16 December 2010, Law nr. 76 from 16 January 2002 regarding insurance system for unemployment and Law Nr. 292/2011 from 20 December 2011 regarding social assistance. In Croatia and Slovenia that will be only in the case athletes conclude an employment contract or in cases of their self-employment. In all countries, we may say public authorities and entities of the State such as Social Security Services and Ministry of Health through the General Healthcare System are providing retirement schemes and medical healthcare to persons registered as beneficiaries, and of course those rules apply to athletes in case they enjoy the labour law status in any case. 177 In Greece, health care is provided for national team athletes by the Federation. Athletes that are in pursuit of qualification to the Olympics, and athletes that have qualified, are offered health care by the NOC. In Croatia, Slovenia and Rumania, athletes who are employed by ministries are entitled to all the rights and benefits of the employees in public sector. But here we must note that In Croatia athletes who have the status of reserves in the military sector within the Ministry of Defence do not enjoy health insurance since they are in the reserves status. Additionally, in Slovenia, the NOC has established a system of special health insurance and health care for elite Olympic athletes and helps retired athletes to find employment in the family of NOC sponsors. Table 6.3: Social protection provisions for athletes in the South-eastern European region. Actor / Social protections Pension / Retirement scheme Occupational disability protection health care Maternity protection / parental leave benefits Unemployment assistance NOC National athletics federation (NAF) Public authority / state agencies without generic focus on elite sport* Specific elite sport organisation * Statutory occupational safety and health provisions usually apply in case of an employment relationship. Therefore, if an athlete can enter into a contractual relationship (employment or otherwise) with one of the four actors introduced above that grants him or her access to statutory social protection, the provision is considered to be provided by this actor who is a party to the contract. Speaking about any cases of a public debate about precarious/risky social conditions of (former) athletes in Olympic sports we must highlight that in Greece there have been complaints by athletes against federations for insufficient physical health care and lack of mental health support within the national teams. Just opposite to that, according to the Sports Act, the Government in Croatia gives a Permanent Monthly Monetary Compensation to winners of Olympic, Paralympic and Deaf Olympic Games medals (100% of the average net salary for winning a gold medal, 80% for a silver Olympic medal or gold medal at a world senior championship in Olympic sports and 60% for a bronze Olympic medal or silver medal 178 at a world senior championship in Olympic sports. Finally, 40% of the average net salary is awarded to winners of a bronze medal at the world senior championships in Olympic sports). One of the conditions is that a person is older than 45 years of age. There is a debate that even coaches should receive such a compensation and often in the media there are criticisms that top players who earned millions in sports receive such compensations which they financially do not need. 6.11. Participation and Bargaining ůƚŚŽƵŐŚĂƚŚůĞƚĞƐ͛ƉĂƌƚŝĐŝƉĂƚŝŽŶŝŶƚŚĞĚĞĐŝƐŝŽŶ-making process has become more and more important and supported by the IOC for instance, we must say that there are no real organisations, from the trade union law point of view in all the countries, except in Slovenia where we do find the Slovenian Athletes hŶŝŽŶ;^ŝŶŝĚŬĂƚƓƉŽƌƚŶŝŬŽǀ^ůŽǀĞŶŝũĞͿǁŚŝĐŚŝƐĂŶŝŵƉŽƌƚĂŶƚƐƚĂŬĞŚŽůĚĞƌƌĞƉƌĞƐĞŶƚŝŶŐĂƚŚůĞƚĞƐŝŶŐĞŶĞƌĂů in Slovenia and abroad and which has a legal form of a trade union according to Slovenian law. We may say that obviously one of the reasons is that we lack the labour law status of athletes in those countries. Since the numbers of athletes with a labour law status is very low or not present at all, the general state act rules on trade unions with for example the minimum of 15 employees (Romania) or 10 employees (Croatia) is an impossible target. Collective bargaining agreements exist in none of the countries. In all ĐŽƵŶƚƌŝĞƐ͕ŚŽǁĞǀĞƌ͕ǁĞĨŝŶĚƚŚĞƚŚůĞƚĞƐ͛ŽŵŵŝƐƐŝŽŶĂƐĂƐƉĞĐŝĨŝĐďŽĚLJǁŝƚŚŝŶƚŚĞEKƐ͕together with ĂƚŚůĞƚĞƐ͛ƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐŝŶƚŚĞƐƐĞŵďůLJ;Croatia, Cyprus, Greece, Romania, Slovenia), Executive board (Bulgaria, Croatia, Cyprus, Slovenia) or other bodies such as Ethics Commission (RomaniaͿ͕ĂŶĚƚŚůĞƚĞƐ͛ Awards Bodies (Croatia). In Bulgaria there is Athletes͛ Commission with the NOC established in compliance with the guidelines ŐŝǀĞŶďLJƚŚĞ/K͘dŚĞEK͛Ɛ^ƚĂƚƵƚĞƐĚĞƚĞƌŵŝŶĞƐƚŚĞŽŵŵŝƐƐŝŽŶĂƐĂŶĂŶĐŝůůĂƌLJďŽĚLJŽĨƚŚĞEK͘ƚ least two athletes, chosen by the Commission among the athletes who participated in at least one of the last three Olympic Games become members of the NOC. As members of the NOC such athletes can ƉĂƌƚŝĐŝƉĂƚĞ ŝŶ ƚŚĞ EK͛Ɛ ĂĐƚŝǀŝƚŝĞƐ ĂŶĚ ŝŶ ƚŚĞŝƌ ŐŽǀĞƌŶŝŶŐ ďŽĚŝĞƐ͕ ƌĂŝƐĞ ŝƐƐƵĞƐ ĨŽƌ ƌĞƐŽůƵƚŝŽŶ ďLJ ƚŚĞ ĐŽŵƉĞƚĞŶƚ K͛Ɛ ďŽĚŝĞƐ͕ ƌĞĐĞŝǀĞ ŝŶĨŽƌŵĂƚŝŽŶ ƌĞŐĂƌĚŝŶŐ ƚŚĞ EK͛Ɛ ĂĐƚŝǀŝƚLJ ĂŶĚ ĚĞĐŝƐŝŽŶƐ͕ ĂƐŬ ĨŽƌ ĞdžƉůĂŶĂƚŝŽŶƐĨƌŽŵƚŚĞEK͛ƐďŽĚŝĞƐŝŶĐĂƐĞŽĨŶŽŶ-ƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚĞĚĞĐŝƐŝŽŶƐƚĂŬĞŶĞƚĐ͘dŚĞƚŚůĞƚĞƐ͛ ŽŵŵŝƐƐŝŽŶĐŚŽŽƐĞƐŽŶĞĂƚŚůĞƚĞƐ͛ƌĞƉƌĞƐĞŶƚĂƚŝǀĞĂƐĂŵĞŵďĞƌŽĨƚŚĞdžĞĐƵƚŝǀĞƵƌĞĂƵŽĨƚŚĞEK͘ In Croatia there is also the Athletes Commission (6 representatives from Summer Olympic sports, 2 from Winter Olympic sports and 2 of non-Olympic sports). Athletes representatives are also members of different commissions which decide on questions about athleƚĞƐ͛ƐƚĂƚƵƐŽƌĂǁĂƌĚƐ͘ůƐŽ͕ƚŚĞƌĞĞdžŝƐƚƚŚĞ ƌŽĂƚŝĂŶKůLJŵƉŝĐƚŚůĞƚĞƐ͛ůƵďǁŚŝĐŚŚĂǀĞƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐŝŶƚŚĞEKďŽĚŝĞƐ;ƚŚĞƐƐĞŵďůLJĂŶĚƚŚĞ Council). 179 In Cyprus ĨŽůůŽǁŝŶŐ Ă ƐƵŐŐĞƐƚŝŽŶ ďLJ ƚŚĞ /K͕ ĂŶ ĂƚŚůĞƚĞƐ͛ ĐŽŵŵŝƐƐŝŽŶ ǁĂƐ ŝŵƉůĞŵĞŶƚĞĚ͘ dŚŝƐ commission͛ƐƚĂƐŬŝƐƚŽƌĞƉƌĞƐĞŶƚƚŚĞĂƚŚůĞƚĞƐ͘dŚĞƚŚůĞƚĞƐŽŵŵŝƚƚĞĞŝƐƌĞƉƌĞƐĞŶƚĞĚŝŶƚŚĞ'ĞŶĞƌĂů Assembly of the NCO and two of its members have the right to vote in the General Electoral Assemblies. In addition, a member of the committee participates in the Executive Board of the NOC. In Romania there is also the Athletes Commission, but the athletes have representatives in various working groups, in Ethics Commission, General Assembly and Executive Committee of the NOC. In Slovenia ƚŽŐĞƚŚĞƌ ǁŝƚŚ ƚŚĞ ƚŚůĞƚĞƐ͛ Commission representatives of the athletes are members of General Assembly, Executive board and NOC's working bodies. In case of the Athletics Federation only in Greece and Slovenia athletes have their body (a commission) which represents their interests. In Croatia at the last Assembly there was taken the decision to forms such a commission. In Croatia there is a specific association of Olympic athletes called the Croatian Olympians Club which have representatives in the NOC bodies (the Assembly and the Council) and an association called Croatian association of professional Athletes which also has some incentives in the fight for better athletes͛ status but do not have a legal form of a trade union. 6.12. Specificities, Current Conflicts and Issues In dealing with the issue of conflicts on various levels we must say that there was an interesting case in volleyball in Bulgaria (please see supra in Section 3. Legal Status of Athletes in Olympic Sports). Regarding the public debates about conflicts/disagreements between athletes (individually or collectively) and a NOC, the national athletics federation, any public authority/entity/state agency or specific national elite sport organisations that have arisen in the last five years, we must note that in Cyprus from time to time, very rarely, there might come up complaints from athletes against their associations, the CSO and the NOC. These complaints are mostly demanding for better financial support of athletes. In Greece, at the beginning of 2021, there was a massive outbreak of major conflicts between athletes and federations, for abuse of power, sexual abuse of athletes, illegal violence against them, and squandering of funds. Also, athletes have made accusations of sexual abuse in the sports environment. It is argued that the long-term office of administrations has nurtured corruption. Some tenths Elite athletes have reported publicly names and incidents. The cases are being under investigation by the competent authorities. There have also been complaints by athletes against Federations for insufficient physical health care and lack of mental health support within the national teams in Greece. 180 In Slovenia, the NOC has identified that former Olympic athletes need attention and with the support of Sport Ministry found some status rights for the athletes from which they can benefit. In Slovenia there exists a Career Centre within the NOC for two years already and the same was recently formed also in Croatia. The head of the Career Centre in Croatia is the former bronze medallist in shooting at the 2008 ĞũŝŶŐ'ĂŵĞƐ^ŶũĞǎĂŶĂWĞũēŝđ͘DĂLJďĞƚŚĞďĞƐƚƐƚĂƚƵƐƚŽĨŽƌŵĞƌĂƚŚůĞƚĞƐŝƐŐŝǀĞŶŝŶCroatia. According to the Sports Act, the Government in Croatia gives a Permanent Monthly Monetary Compensation to winners of Olympic, Paralympic and Deaf Olympic Games. One of the conditions is that a person is older than 45 years of age (see supra section 10). There is a debate that even coaches should receive such a compensation and often in the media there are criticisms that top players who earned millions in sports receive such compensations which they financially do not need. Furthermore, in Croatia there exists the &ŽƵŶĚĂƚŝŽŶƌŽĂƚŝĂŶĂƚŚůĞƚĞƐ;ĂŬůĂĚĂŚƌǀĂƚƐŬŝƐƉŽƌƚĂƓŝͿǁŚŝĐŚŚĞůƉƐƌŽĂƚŝan athletes and coaches in needs. It was founded by the NOC of Croatia, the Croatian Olympians Club and the only sports newspapers Sportske Novosti. 181 Literature Chapter 6 Croatian Olympians Club (2021), availabe online at: < https://www.olimpijci.hr/club> Greek Case-Law (2015): No 1110/2015 judgment of the Court of First Instance of Athens, available online at: Greek Case-Law (2004) The 477/2004 judgment of the preliminary board of Misdemeanor of Patras, and 367/2003 - 368/2003 of the Court of Misdemeanor of Patras judgment, in POINIKI DIKAIOSINI (2005), p. 404. ͕͘> ŽŝnjŽƵ͕ŚƌŝƐƚŝŶĂ;ϮϬϭϯͿ͚LJƉƌƵƐ͛͘/Ŷ

NACHHALTIGKEITSSTRATEGIE FIS NORDISCHE SKI WELTMEISTERSCHAFT OBERSTDORF ALLGÄU 2021 Ralf Roth, Beirat „Umwelt und Sport“ des BMU Marktgemeinde Oberstdorf am 23.05.2019 I N S T I T U T F Ü R N A T U R S P O R T U N D Ö K O L O G I E I n s t i t u t e o f O u t d o o r S p o r t s a n d E n v i r o n m e n t LEITLINIEN NACHHALTIGKEITSSTRATEGIE FIS NORDISCHE SKI WELTMEISTERSCHAFTEN OBERSTDORF 2021 ENJOY Green Legacy Ausschuss „Umwelt und Nachhaltigkeit“ Leitlinie 1: „Faktenklarheit, Partizipation und Transparenz schaffen Vertrauen und Identifikation“ Die Organisatoren und politischen Entscheidungsträger streben für Planung der Infrastrukturmaßnahmen und Durchführung der Weltmeisterschaften einen fortlaufenden, offenen und dialogorientierten Prozess an. Dabei orientieren sich die Entscheidungen an Kosteneffizienz und der Einhaltung ökologischer, sozialer und sportlicher Rahmenvorgaben. Leitlinie 2: „Moderne Sportanlagen für die Zukunft“ Aus den Weltmeisterschaften ergeben sich infrastrukturelle Impulse, um den nordischen Skisport und weitere Aktivitäten in Oberstdorf erfolgreich zu entwickeln. Darüber hinaus sollen allen Menschen der Zugang zu Sport und Bewegung ermöglicht werden. Die langfristige Nutzung für Tourismus und Sport sowie deren Vereinbarkeit ist das Ziel. Leitlinie 3: „Umwelt-, Klima- und Ressourcenschutz – Glaubwürdig“ Oberstdorf zeigt in allen Sportanlagen den schonenden Umgang mit den Ressourcen. Errichtung, Betrieb und Sanierung sowie Modernisierung der Sportanlagen sollten sich am Ziel eines klimaneutralen Gebäudebestandes bis 2050 orientieren. Beeinträchtigungen von Natur und Landschaft werden weitgehend vermieden, unvermeidbare Einflüsse auf ein Minimum reduziert und umfassend kompensiert. Leitlinie 4: Verkehr – „Die Weltmeisterschaften der kurzen, barrierearmen Wege“ Verlagerung möglichst großer Anteile von Straße auf Schiene und öffentliche Verkehrsmittel, Verbesserung der Anreizsysteme. Attraktive Angebote des öffentlichen Personenverkehrs werden weiter ausgebaut, um den motorisierten Individualverkehr in Oberstdorf langfristig zu reduzieren und insbesondere bei Veranstaltungen in Oberstdorf zu minimieren . Leitlinie 5: – „Für ein gesundes und aktives Oberstdorf“ Intakte Natur, Sport und Kultur werden als wichtige Eckpfeiler einer nachhaltigen Entwicklung betrachtet. Ihre Sicherung ist unabdingbare Grundlage, den Herausforderungen der Zukunft zu begegnen und die Marktgemeinde Oberstdorf mit seinen Menschen regional angepasst zu entwickeln. Leitlinie 6: – „Langlaufzentrum Ried 2021“ Der Impuls der Nordischen Skiweltmeisterschaften soll dafür genutzt werden, das Langlaufzentrum Ried sport- und umweltgerecht zu entwickeln. Zentrales Leitbild ist die „offene Sportanlage“, welche ganzjährig für alle Sportlerinnen und Sportler nutzbar ist: für Spitzen-, Nachwuchsleistungs- und Breitensport, für Touristen und Einheimische, für Menschen jedes Alters – mit und ohne Behinderung. Leitlinie 7: „Verbindlichkeit und Umsetzung“ Verbindlichkeit ist für alle involvierten Akteure eine wichtige Grundlage des Prozesses. Denn Verbindlichkeit und die Garantie für eine entsprechende Umsetzung der Arbeiten und Maßnahmen sind bestimmende Faktoren für die Glaubwürdigkeit der Nachhaltigkeitsstrategie auf lokaler Ebene, aber auch aus nationaler und internationaler Sicht. Mit der FIS Nordischen SkiWM 2021 wird Oberstdorf und das Allgäu -Verantwortung für eine nachhaltige Entwicklung übernehmen - anspruchsvolle Umweltstandards umsetzen und einzigartige Natur- und Kulturräume sichern - lokale und regionale Wertschöpfungsketten stärken und damit Arbeitsplätze sichern - insbesondere bei jungen Menschen das Bewusstsein für einen aktiven und gesunden Lebensstil stärken - beispielhaft den Sport als Motor für eine zukunftsfähige Kommunal- und Regionalentwicklung nutzen ..... Herzlichen Dank für ihre Aufmerksamkeit und ihr Engagement R. Roth Ausschuss Umwelt & Nachhaltigkeit

Am 2. September 2025 feierte der Balu und Du e.V. sein 20-jähriges Jubiläum – ein Abend voller Erinnerungen, Anerkennung und Visionen. Über 130 Gäste kamen ins Deutsche Sport & Olympia Museum in Köln, um gemeinsam zurückzublicken und nach vorn zu schauen. Der Vorstandsvorsitzende Dominik Esch eröffnete mit bewegenden Worten über die Anfänge des Vereins. Bürgermeister Andreas Wolter hob in seinem Grußwort hervor, wie wichtig das Mentoringprogramm für Kinder in herausfordernden Lebenslagen ist – gerade in Bezug auf Chancengerechtigkeit in Köln und ganz Deutschland. Im Podiumsgespräch mit Expert*innen aus Wissenschaft, Schule und Zivilgesellschaft (moderiert von Daniela Wiesler) wurde unter der Fragestellung „Ist Mentoring zukunftsfähig?“ über Wirkung, Hürden und weiterführende Wünsche diskutiert. Anschließend nutzten alle die Gelegenheit, neue und alte Kontakte zu pflegen – bei Musik, gutem Essen und mit Aktionen, in denen Zukunftswünsche und neue Ideen gesammelt wurden. Ein wunderbarer Abend, der unser Netzwerk stärkt und uns motiviert für die kommende Zeit. Was ist Balu und Du? Das Programm basiert auf einer einfachen, aber kraftvollen Idee: Ein Kind (Mogli) im Grundschulalter wird über mindestens ein Jahr von einer jungen erwachsenen Person (Balu) begleitet. Wöchentlich treffen sie sich für 1-3 Stunden – für Aktivitäten, Gespräche, gemeinsame Freizeit. Es geht um Freundschaft, Vertrauen, ein Vorbild und darum, neue Lebenswelten kennenzulernen. Die wissenschaftliche Begleitforschung zeigt: Die Kinder gewinnen an Motivation, Selbstvertrauen, Konzentration und Bildungs-Chancen; die Mentor*innen entwickeln Empathie, Kommunikationsfähigkeit und eigene Verantwortungsfähigkeit ( https://www.balu-und-du.de/wirkung ). Balu und Du an der Sporthochschule Seit Januar 2024 sind wir Teil der Balu und Du‑Gemeinschaft und engagieren uns mit großer Begeisterung. Das Programm ist am Zentrum für Sportlehrer*innenbildung (ZfSb) verortet. Unsere Balus sind jedoch Studierende aus allen Studiengängen der Deutschen Sporthochschule Köln. Ihnen gemeinsam ist die intrinsische Motivation, nicht nur die Kinder (Moglis) durch Begegnung, Würdigung und Verantwortung in ihrer Entwicklung zu unterstützen und ihnen neue Perspektiven zu zeigen, sondern auch selbst zu reifen und zu wachsen. Kleinere Ausflüge, gemeinsame Spaziergänge, Bastel- oder Sportzeiten, Museumsbesuche – all das kann zu den gemeinsamen Momenten gehören. Warum mitmachen? Für Studierende bietet Balu und Du die Möglichkeit, außeruniversitäres Engagement zu leben – mit kalkulierbarem Zeitaufwand, klarer Struktur und von der Universität durch das Programm begleitet. Wer an der Deutschen Sporthochschule Köln studiert und Interesse hat, Mentor*in (Balu) zu werden, kann jederzeit mit unserer Standortkoordinatorin Dr. Anja Paul ins Gespräch kommen – [E-Mail bud-zfsb@dshs-koeln.de ] [Tel. 0221 4982 4621]! Unterstützung und Spenden – Damit das Programm weiterhin gelingen kann, sind wir auch auf finanzielle Mittel angewiesen – z.B. für Eintrittsgelder bei Ausflügen, Materialien (Spiele, Bastelsets), Fahrtkosten und andere Sachkosten. Jeder Beitrag hilft! Eine Spende kann gerichtet werden an: Bank für Sozialwirtschaft Köln IBAN: DE77370205000008261400 BIC: BFSWDE33XXX Verwendungszweck: 40753 „Spende“ Für Fragen rund um die Unterstützung des Programms wenden Sie sich an: Dr. Anja Paul (Projektleitung und -koordination) Telefon: +49 221 / 4982 -4621 E-Mail: bud-zfsb@dshs-koeln.de Die Deutsche Sporthochschule Köln ist eine Körperschaft öffentlichen Rechts. Spenden für das Programm Balu und Du erfüllen die Voraussetzung einer Förderung gemeinnütziger Zwecke. Bei Spenden unter 300€ können Sie die Spende über Ihren Kontoauszug nachweisen. Für Spenden ab 300€ können wir Ihnen eine Zuwendungsbestätigung (vormals: Spendenbescheinigung) ausstellen.

In diesem 90-minütigen Webinar erhalten Sportlehrkräfte einen praxisnahen Einblick in das Thema Frustrationstoleranz. Auf Grundlage psychologischer und pädagogischer Erkenntnisse wird betrachtet, was Frustration und Frustrationstoleranz sind, wie Frustrationstoleranz im schulischen Alltag und besonders im Sportunterricht gefördert werden kann. Die Teilnehmenden lernen konkrete Strategien kennen, mit denen sie Schulkinder dabei unterstützen können, mit Fehlern, Niederlagen und schwierigen Lernprozessen besser umzugehen. Inhalte des Webinars Was bedeutet Frustrationstoleranz und warum ist sie für Lernen, Bewegung und soziale Situationen wichtig? Welche wissenschaftlichen Erkenntnisse helfen, Frustration besser zu verstehen? Wie können Sportlehrkräfte durch Feedback, Aufgabenwahl, Fehlerkultur und Unterrichtsgestaltung Frustration abfedern? Welche kleinen Übungen, Routinen und Reflexionsimpulse lassen sich direkt im Sportunterricht einsetzen? Wie kann ein konstruktiver Umgang mit Frustration gefördert werden? Euer Nutzen Nach dem Webinar kennt ihr zentrale wissenschaftliche Grundlagen zum Thema Frustrationstoleranz und könnt konkrete Handlungsmöglichkeiten für euren Unterricht ableiten. Ihr erhaltet praktische Impulse, wie ihr herausfordernde Situationen im Sportunterricht pädagogisch nutzen und Schulkinder dabei unterstützen könnt, Frustrationstoleranz, Selbstregulation und Zuversicht zu entwickeln. Dozent Stefan Ackermann Termin 23. September 2026, 16:00 - 17:30 Uhr, digital Anmeldung Die kostenlose Anmeldung zum Webinar ist im Login-Bereich der Schulsportlandschaft möglich. Hier kannst du dich kostenlos für den Login-Bereich der Schulsportlandschaft registrieren.