Vielfalt im Fokus: Mit einer abwechslungsreichen Aktionswoche stand vom 29. Juni bis 5. Juli die Förderung von Teilhabe, Empowerment sowie die Prävention und Bekämpfung von Diskriminierung im Mittelpunkt. Das betriebliche Gesundheitsmanagement beteiligte sich mit einem Angebot zur individuellen Gesundheitsberatung. Dabei zeigte sich auch im Themenfeld Gesundheit die Bedeutung von Vielfalt. Passend zu den Diversitätsdimensionen Alter, Geschlecht, geschlechtliche Identität sowie sexuelle Orientierung wurden zielgruppenspezifische Informationen und Angebote bereitgestellt. Gleichzeitig wurde während der Durchführung der Woche deutlich, wie vielfältig auch das Thema Krebs ist: Erkrankungen, Risikofaktoren, Präventionsmöglichkeiten und die individuellen Lebensrealitäten von Betroffenen unterscheiden sich erheblich. Diese Erkenntnis unterstrich noch einmal, wie gut das Thema in den Gesamtkontext der Themenwoche passte und wie wichtig es ist, Gesundheit stets aus einer vielfältigen und inklusiven Perspektive zu betrachten. In Kooperation mit den Organisator*innen der Woche der Vielfalt sowie Gesundheitspartner*innen konnten wir am Dienstag im Outdoorbereich der Mensa einen Raum für Begegnung schaffen. Neben der Plakatausstellung zu queeren Sportvereinen, brachte die Krebsgesellschaft NRW Informationen über Früherkennung, Risikofaktoren und Präventionsmöglichkeiten zu Hoden- & Brustkrebs sowie Hautkrebs mit. Am Stand der Techniker Krankenkasse erhielten interessierte Studierende und Mitarbeiter*innen zudem einen Überblick über die alters- und geschlechtsspezifische Vorsorge- und Gesundheitsleistungen sowie darüber, wie sie diese gezielt für die eigene Gesundheit nutzen können. Außerdem fanden zur Mittagszeit zwei vertiefende Vorträge zur Krebsfrüherkennung statt. Prof. Dr. med. Bernhard Liedtke und Univ.-Prof. Dr. med. Peter Albers vermittelten in ihren Vorträgen “Check dich selbst - U CAN TOUCH THIS" zur Brust- bzw. Hodenkrebsfrüherkennung und sensibilisierten für einen bewussten Umgang mit der eigenen Körperwahrnehmung. Die Teilnehmerinnen im Präsenzvortrag konnten an Tastmodellen die gezeigten Techniken erproben und kamen in einen intensiven Austausch. Am Donnerstag, den 02. Juli, repräsentierte der Aktionsstand des Fachdienstes STI und sexuelle Gesundheit des Gesundheitsamtes Köln zu dem Thema “Gesund leben, sicher lieben” Informationen und Aufklärung zu sexuell übertragbaren Infektionen (STI), ihren Übertragungswegen sowie Möglichkeiten des Schutzes und der Prävention. Darüber hinaus informierte das Angebot über Unterstützungs- und Beratungsangebote bei Fragen zur eigenen Identität sowie zur sexuellen Orientierung. Zudem traten sie in Interaktion mit den Hochschulmitgliedern und räumten mit Mythen zu STI auf. Den Abschluss der Veranstaltungen des Gesundheitsmanagements bildete der Online-Vortrag “Zyklusorientierte Ernährung” mit Dipl. Ökotrophologin Anja Jung . Frau Jung gab einen Überblick über die wichtigsten Nährstoffe für die verschiedenen Zyklusphasen und erläuterte, wie die Ernährung entsprechend der jeweiligen Bedürfnisse zusammengestellt werden kann. Ergänzend erhielten die Teilnehmenden praktische Anregungen und Rezeptideen für den Alltag. Das Team des Gesundheitsmanagements bedankt sich beim Team der Gleichstellung für die tolle Orga dieser Woche sowie bei allen beteiligten Referent*innen und teilnehmenden Beschäftigten und Studierenden für das Interesse. Hier findet Ihr außerdem die Berichterstattung der Gleichstellung.

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

Erasmus+ Employs “Understanding, evaluating and improving good governance in the employment relations of athletes in olympic sports in Europe” Projektbeschreibung EMPLOYS – Verbesserung der Beschäftigungsbedingungen von Athletinnen und Athleten in Europa EMPLOYS ist ein durch das Erasmus+-Programm der EU gefördertes Projekt unter der Leitung des Instituts für Europäische Sportentwicklung und Freizeitforschung. Ziel des Projekts ist es, die Beschäftigungsbedingungen von Athletinnen und Athleten in Europa zu analysieren, bestehende Strukturen zu bewerten und konkrete Handlungsempfehlungen für Politik und Sportorganisationen zu entwickeln. Europaweite Forschung und Austausch mit Stakeholdern Im Jahr 2021 führte EMPLOYS die erste vergleichende Studie zu den Beschäftigungsverhältnissen von Athletinnen und Athleten in 29 europäischen Ländern durch. Die Ergebnisse wurden auf internationalen Konferenzen in Köln und Lissabon vorgestellt und mit Athletenvertretungen, Sportverbänden, politischen Entscheidungsträgern und Wissenschaftlerinnen und Wissenschaftlern diskutiert. Die Studie verdeutlichte die unterschiedlichen nationalen Rahmenbedingungen und die Bedeutung fairer Beschäftigungsbedingungen im europäischen Sport. Good Governance für den Sport der Zukunft Auf Grundlage der Forschung entwickelt EMPLOYS Empfehlungen für eine bessere Governance in den Beschäftigungsbeziehungen von Athletinnen und Athleten. Durch den Austausch zwischen Sportorganisationen, Verwaltung und Politik werden bewährte Ansätze identifiziert und weiterentwickelt. Den Abschluss des Projekts bildet ein Abschlussbericht mit konkreten Empfehlungen zur Stärkung der Beschäftigungsbedingungen und der Good Governance im europäischen olympischen Sport. Projektlaufzeit: Januar 2021 - Dezember 2022. Projektergebnisse eBook Evaluation Report Fact Report Projektteam Univ.-Prof. Dr. Jürgen Mittag Projektleitung person_outline Zum Profil phone +49 221 4982-2690 mail j.mittag(at)dshs-koeln.de Dr. Maximilian Seltmann Projektkoordination person_outline Zum Profil phone +49 221 4982-5800 mail m.seltmann(at)dshs-koeln.de Lorenz Fiege Projektmitarbeit person_outline Zum Profil phone +49 221 4982-5800 mail l.fiege(at)dshs-koeln.de Partner arrow_outward Universidade Europea arrow_outward University of Rijeka arrow_outward Edge Hill University arrow_outward Institute for Sport Governance arrow_outward European Athletes Association (EU Athletes) arrow_outward European Olympic Academies

Social Dialogue in Europe for Professional Sports Projektbeschreibung Das Projekt SDE Pro Sport befasst sich mit den sozialpolitischen Rahmenbedingungen des professionellen Sports und den diesen zugrundeliegenden Verhandlungen zwischen den Sozialpartnern. Das Projekt zielt im Besonderen auf die Entwicklung und Förderung des sozialen Dialogs im Profisport in den EU-Staaten durch die Erstellung eines Leitfadens für die Einrichtung des sozialen Dialogs im Sport.er Erforschung und Untersuchung von Sport-Governance, Sportpolitik und Sportrecht befassen, sowie fünf politische Partner mit umfangreichem Fachwissen über die Beschäftigung von Athleten und soziale Beziehungen. Das Projekt unternimmt in seiner ersten Projektphase eine Bestandsaufnahme der bisherigen sozialpolitischen Errungenschaften und beleuchtet die bislang erzielten Vereinbarungen und Tarifverträge in den EU-Ländern im Sport. Auf dieser Grundlage wird ein Leitfaden erstellt, der die bislang erprobten Verfahren und die erzielten Vereinbarungen ermittelt und analysiert. Projektlaufzeit: 1. Juli 2022 - 30. Juni 2024 Projektteam Univ.-Prof. Dr. Jürgen Mittag Projektleitung person_outline Zum Profil phone +49 221 4982-2690 mail j.mittag(at)dshs-koeln.de Dr. Maximilian Seltmann Projektkoordination person_outline Zum Profil phone +49 221 4982-5800 mail m.seltmann(at)dshs-koeln.de Lorenz Fiege Projektmitarbeit person_outline Zum Profil phone +49 221 4982-5800 mail l.fiege(at)dshs-koeln.de Partner arrow_outward European Association of Sport Employers arrow_outward European Athletes & Players Association Projektförderung European Social Fund+ (ESF) Social Prerogatives and Specific Competencies Lines (SocPL)

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Forschungsstelle Sportpolitik China-Europa KI-generiert Projektbeschreibung Die dynamische Entwicklung Asiens hat zu einem ständig wachsenden Interesse der Medien und der akademischen Welt am asiatischen Raum geführt. Obwohl der Sport in Asien bisher nicht im Fokus der westlichen Aufmerksamkeit stand, verspricht die Betrachtung der Sportentwicklung Asiens, im Besonderen derjenigen Chinas, wichtige Einblicke. Das Institut für Europäische Sportentwicklung und Freizeitforschung hat sich in diesem Rahmen zum Ziel gesetzt, die sportbezogenen China-Aktivitäten an der Deutschen Sporthochschule Köln zu vertiefen und die transnationale Zusammenarbeit in sportbezogenen Forschungskomplexen näher zu untersuchen. Aktuelle Schwerpunkte der Forschungsaktivitäten umfassen die Themenfelder Sportentwicklung, Sportpolitik, Gesundheitssport, Freizeitsport, Tourismus und sportbezogene Stadtentwicklung in urbanen Lebensräumen. Forschungszeitraum: seit September 2012 bis heute Projektleitung Univ.-Prof. Dr. Jürgen Mittag person_outline Zum Profil phone +49 221 4982-2690 mail j.mittag(at)dshs-koeln.de Wissenschaftliche Mitarbeit Danlin Wu person_outline Zum Profil phone +49 221 4982-5800 mail d.wu(at)dshs-koeln.de Projektpartner und -förderer Dipl. Sportwiss. Jin Rui Euro-China Sport Development Association e.V. person_outline Zum Profil mail info(at)ecsda-europe.org Kooperationspartner arrow_outward Euro-China Sport Development Association e.V. (ECSDA) arrow_outward Beijing Sport University (BSU) arrow_outward Wuhan Sport University (WSU) arrow_outward Southwest Jiao Tong University (SWJU), School of Physical Education arrow_outward Sport University Shanghai (SUS), Institute for Recreational Sports, Leisure, and the Arts arrow_outward Chengdu Sport University Sommerschule Symposien

Urban Sports Challenge ERASMUS+ Projektbeschreibung Die Beteiligung von Jugendlichen bei der Gestaltung öffentlicher Räume ist in vielen europäischen Städten gering, trotz zunehmender Bemühungen, die lokalen Bedürfnisse der Menschen in den Mittelpunkt der Stadtplanung zu stellen. Öffentliche Räume, in denen sich Jugendliche einbringen und wohlfühlen können, fehlen oft. Zudem führt die fortschreitende Stadtentwicklung und -verdichtung häufig dazu, dass insbesondere Sportanlagen an den Stadtrand verlagert werden. Das Ziel des Urban Sports Challenge Projekts ist es, junge Menschen zu befähigen, an drei verschiedenen Standorten eigene urbane Räume zu schaffen, in denen sie sich sicher und akzeptiert fühlen. Das Projekt verfolgt dabei zwei übergreifende Ziele: Die Umgestaltung von Infrastruktur und die Förderung der aktiven Beteiligung junger Menschen bei der Gestaltung öffentlicher Räume. Darüber hinaus konzentriert sich das Projekt auf den Aufbau der Kapazitäten von Youth Workern in den drei Partnerorganisationen, um junge Menschen bei der Initiierung, Organisation und Durchführung ihrer eigenen Projekte effektiv zu unterstützen. Ein wesentlicher Bestandteil des Projekts ist ein Urban Design Bootcamp , das den teilnehmenden Jugendlichen die Möglichkeit bietet, mithilfe von Expert*innen aus den Bereichen Städteplanung und Projektmanagement ihre eigenen Ideen zu entwickeln. Aus diesen Ideen werden drei Projekte ausgewählt, die eine Anschubfinanzierung erhalten, um ihre Visionen in die Realität umzusetzen. Das Institut unterstützt das Projekt durch die Entwicklung eines kontinuierlichen MEL-Prozesses (Monitoring, Evaluation, Learning). Dazu gehört die Entwicklung eines ganzheitlichen und partizipativen MEL-Konzepts, mit dem Informationen über Input, Output sowie mittel- und langfristige Wirkungen des Projekts auf verschiedenen Zielgruppenebenen gesammelt und die Projektqualität gesichert werden können. Im Mittelpunkt steht die Frage, inwieweit sich die Räume für Jugendliche verändert haben und was die Partnerorganisationen aus der Begleitung eines jugendgeleiteten Projektes gelernt haben. Forschungszeitraum: September 2024 - Dezember 2026 Projektteam Projektleitung apl.-Prof. Dr. Karen Petry person_outline Zum Profil phone +49 221 4982-2310 mail petry(at)dshs-koeln.de Wissenschaftliche Mitarbeit Laura van Zantvoort person_outline Zum Profil phone +49 221 4982-2900 mail L.vanZantvoort(at)dshs-koeln.de Projektpartner arrow_outward 3X3 Unites, Niederlande arrow_outward Brave, Belgien arrow_outward TSVE 1890 Bielefeld e.V., Deutschland Förderin

ERASMUS+ Politische Interessenvertretung für Sport und Gesellschaft (PASS) Projektbeschreibung Die europäische Politik, die auf das White Paper Sport von 2011 zurückgeht, hat regelmäßig den potenziellen Beitrag des Sports zu Inklusion, Bildung, Gleichstellung und gemeinsamen Werten hervorgehoben. Vor dem Hintergrund hat der europäische Sportsektor auf diese politischen Ziele reagiert und sich mit ihnen abgestimmt, insbesondere im Rahmen der aufkeimenden Bewegung "Sport für Entwicklung" (SFD), einer Bewegung, die versucht, die Kraft des Sports bewusst zur Förderung einer positiven sozialen Entwicklung einzusetzen. Zu diesem Zweck bieten diese Organisationen häufig sportliche und soziale Aktivitäten an, die darauf abzielen, verschiedene Gruppen zusammenzubringen, die sozialen Beziehungen zu fördern, die Bürgerbeteiligung zu unterstützen und Lebenskompetenzen zu entwickeln. Viele dieser Programme und Aktivitäten stehen jedoch vor einer entscheidenden Herausforderung. Obwohl diese Aktivitäten darauf abzielen, Inklusion, Vielfalt und gemeinsame Werte zu fördern, indem sie oft direkt mit benachteiligten oder Risikogruppen arbeiten, kann ihre Wirkung durch einen Mangel an Abstimmung und Unterstützung seitens der politischen oder institutionellen Akteure in ihren Gemeinschaften beschränkt werden. Dies ist aus zwei Gründen problematisch. Erstens kann es einfach an einem mangelnden Bewusstsein oder einer mangelnden Abstimmung zwischen den jeweiligen Politiken und den durchgeführten Programmen liegen, was wiederum die Wirkung und Nachhaltigkeit des Programms untergräbt. Zweitens können politische Maßnahmen oder Umweltbedingungen innerhalb einer Gemeinschaft den mit den Programmen angestrebten Ergebnissen aktiv entgegenwirken. Politische Lobbyarbeit ist von entscheidender Bedeutung. Zum einen leistet sie einen von der Zivilgesellschaft geleiteten Bottom-up-Beitrag zur Gestaltung relevanter politischer Maßnahmen. Zum anderen trägt sie dazu bei, den wichtigsten Interessengruppen, die die öffentliche Politik beeinflussen können, wichtige, relevante Informationen zur Verfügung zu stellen. Trotz dieser Forderungen gibt es in Europa nur wenig Verständnis oder Unterstützung für politische Interessenvertretung, die Sport und soziale Entwicklung miteinander verbindet. Das Projekt "Policy Advocacy for Sport and Society" (PASS) will diese Lücke schließen, indem es ein umfassendes Paket von Instrumenten und Ressourcen entwickelt, um das Bewusstsein und die Fähigkeit zur politischen Interessenvertretung innerhalb des wichtigen und wachsenden Sektors Sport und soziale Entwicklung zu stärken. Das PASS-Projekt wird europäische Sport- und Sozialentwicklungsakteure unterstützen, damit sie ihre Beteiligung und ihr Engagement im demokratischen Leben intensivieren können, und sie in die Lage versetzen, dieses Engagement zur nachhaltigen Förderung von Bildung, Gleichberechtigung und europäischen Werten im und durch den Sport zu nutzen. Mit anderen Worten, dieses Projekt zielt darauf ab, die Bürgerbeteiligung und das Engagement im demokratischen Leben im Bereich des Sports und der sozialen Entwicklung zu verbessern und dieses verstärkte Engagement wiederum zu nutzen, um für Bildung, Gleichberechtigung und gemeinsame Werte innerhalb der europäischen Gemeinschaften einzutreten und diese zu unterstützen. Mit dem PASS-Projekt sollen diese Ziele insbesondere durch drei miteinander verbundenen Zielen erreicht werden: Darstellung aktueller Praktiken und Herausforderungen im Bereich der politischen Interessenvertretung im europäischen Sport- und Sozialentwicklungssektor. Sensibilisierung für die Vorteile und Praktiken der politischen Interessenvertretung im Sport Aufbau von Kapazitäten und Befähigung der europäischen Sport- und Sozialentwicklungsakteure, sich in der politischen Interessenvertretung zu engagieren Zu diesem Zweck wird sich PASS auf eine große Vielfalt von Partnern stützen (akademische, sportbasierte Netzwerkorganisationen, internationale zivile/staatliche Akteure und umsetzende NGOs), um aktuelle Advocacy-Aktivitäten zu erfassen, bewährte Verfahren zu verstehen und konkrete Instrumente für Anwender*innen bereitzustellen. Februar 2024 - Januar 2027 Mehr erfahren Publikationen Mapping and needs analysis of policy advocacy in sport and society Bestandsaufnahme und Bedarfsanalyse der politischen Interessenvertretung in Sport und Gesellschaft Englischsprachiger Bericht auf https://www.sportanddev.org Evaluation Matrix on Policy Advocacy in Sport and Social Development Bewertungsmatrix zur politischen Interessenvertretung im Bereich Sport und soziale Entwicklung Englischsprachiger Bericht auf https://www.sportanddev.org Projektleitung apl.-Prof. Dr. Karen Petry person_outline Zum Profil phone +49 221 4982-2310 mail petry(at)dshs-koeln.de Wissenschaftliche Mitarbeit Sally-Ann Jennifer Fischer person_outline Zum Profil phone +49 221 4982-2900 mail s.fischer(at)dshs-koeln.de Partner arrow_outward Munster Technological University (Ireland) arrow_outward FH Kufstein Tirol (Österreich) arrow_outward United Nations High Commissioner for Refugees (UNHCR) (Schweiz) arrow_outward Fair Play Point (Tschechische Republik) arrow_outward Second Chance Sport Association (Ungarn) arrow_outward International Sport and Culture Association (ISCA)/SportandDev.org (Dänemark) Förderin