Some Spanish clubs are imposing their players contracts with clauses anti-encumbrance. They invite you to sign illegal contracts if they want to continue with his career.
In these contracts the pregnancy compared to other antideportivos behaviors as doping, to give an example. And according to experts in labor law, is something completely illegal and that should be pursued.
It is something very usual but nobody speaks aloud of this and It is so assumed it seems up to the logical. Many of the athletes that sign them are very young, have a great career ahead and does not arise at this time anything seen so far. Either arise they are signing something that goes against their rights. It is happening in women’s basketball.
Many times, are their own maternity bras who sign these contracts and hard to understand that not be aware of extent to which it is illegal to consider pregnancy as a cause of breach of contract. At the height of giving positive for doping is. At the height of risk activities. Or unseemly conduct. Oh, and in many of those cases do not even have the right to compensation.
Why a young woman signed a clause against their rights?
It is clear that the world of sport is highly competitive and any short sportsman’s career. It starts very young and opportunities are few and are very disputed. It is understandable that many young athletes sign such contracts, asphyxiated by get a shot or not to miss the train.
There are very few professional players who get access to good clubs, competition is tough and even ejerciciendo the same professional activity than men of the same category do not have equal rights. Or so says the expert right sports Maria Jose Lopez, legal representative of dozens of athletes.
In many cases, the female version is not considered as a professional, as in the case of the women’s Football League, and therefore the clubs do not have the obligation to recruit the players as such, There are no agreements or there is no employer give some examples.
The result? Many players do not have or contracts or if they have them are not related to its activity. And if you suffer an injury or becomes pregnant the computer does not have why take care of it.
Says faith Robles, President of the Spanish Association of football players: “a player has to leave football with 32 years and who has not otherwise. It is nothing, without quotation, no rights.”
The solution? Much more effective regulation. But also more professional recognition.
Protect the athletes of dismissal due to pregnancy has reached the Government and this week citizens (GPC completo) has already presented an initiative to Congress calling on the Government to make the legal amendments necessary to avoid that the professional athletes can be fired in case of pregnancy, in accordance with the conventions and international declarations signed by Spain.
In opinion of the expert lawyer in law sports Maria Jose Lopez is necessary first strengthen and consolidate the presence of the female athlete in, on the one hand, the various institutions of the Spanish sport; and on the other hand, encourage the public authorities the professionalization of women in sport, as we can read in this article.
This consolidation It would foster the tutelage Administration must exercise and, in opinion of some experts and she, she has suffered enough dereliction. And if that happens in the case of professional sports, in the case of non-professionals, whose players are regulated by Decree 1,006, national federations are responsible for assuming the competences.
Fears of reprisals, the position of helplessness, conflict, fear…
The presence of women in the world of sport is growing)up to 40% of athletes in the ADO Plan are women), the results demonstrate that a competitive and professional level, their efforts are rewarded.
And yet, seguimos without having a legal response and firm all these contracts that contain an anti-encumbrance clause, a clause which allows the club to unilaterally terminate the relationship with the pregnancy of the player. Discrimination in fact. And right.
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