Q&A: Employment and transfer of professional athletes in colombia

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Our partners Nicole van Boxtel, Sandra Ávila and Juan Carlos Uribe explain in a Q&A for Lexology the legal framework and restrictions of football players transfers in Colombia. Labour contracts are sui generis and are regulated by the Labour Code and the respective provisions of the federations in question. Due to their special nature and given the fact that they must be inscribed before the federation, they must be in written form. The requirements for the transfers are organised within the regulations of each national federation, which in turn comply with the international regulations. For football, this is the Regulations of the Players Statutes. Transfers can only take place within the respective transfer windows. Individuals have the constitutional right to buy their way out of contractual obligations to professional sports clubs if the clauses are unreasonable or too restrictive. Employers have obligations to ensure the safety and health of their workers, including providing appropriate work tools and enforcing an Occupational Health and Safety Management System. There are restrictions on the employment and transfer of young athletes, with permission required for those under 18 to work and regulations in place for transfers of young athletes to other jurisdictions. Selection and eligibility disputes are dealt with by national bodies and considerations include fitness, employability, and responsibility for injuries when athletes represent both club and country.

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