Full article
Player Registration: A Procedure with Profound Labor Implications.
In professional sports, registering players in official competitions is not a mere administrative formality. It is a process with significant labor and contractual consequences, where national, federative, and international regulations converge. A player may have a valid contract with their club, but if they are not registered, they cannot practice their profession.
Registration as a Condition of Contractual Effectiveness
In most legal systems, the employment contract between club and player only takes full effect once the athlete is registered with the corresponding federation or league. International organizations such as FIFA require the registration of contracts in the Transfer Matching System (TMS), which grants transparency and control to the process, but also turns registration into a decisive filter.
The Regulatory Role of Leagues and Federations
Leagues and federations do not merely archive contracts: they exercise true legal and economic oversight. They verify contractual and salary legality, ensuring that conditions comply with squad limits and salary caps. They also enforce sporting regulations, determining the maximum number of registrations, quotas of foreign players, or locally trained players. Additionally, they are in charge of preventing irregularities, since improper registration may result in severe sanctions such as loss of points or disqualification from competitions.
Salary Cap and Financial Fair Play
UEFA’s Financial Fair Play and the limits imposed by national leagues directly condition registrations. Here arises the tension: club and player exercise their contractual freedom, but the league may block registration if the contract exceeds economic parameters. This conflict has led to situations in which players, despite having signed contracts, were unable to debut or continue with a club due to regulatory reasons.
Player Rights in Case of Non-Registration
What happens if a club signs a player but fails to register them? The player may claim compensation for breach of contract, demand termination due to non-performance attributable to the club, or appeal to the CAS (Court of Arbitration for Sport) or other tribunals, which usually prioritize the athlete’s right to practice their profession.
Special Protection for Minors
FIFA has reinforced restrictions on registering players under 18 years old in international transfers, except for strict exceptions (family relocation, border proximity, accredited training programs). The aim is to prevent labor exploitation and guarantee basic rights such as education and guardianship.
International Examples
Several recent cases highlight the labor significance of registration:
- Spain (Lionel Messi, 2021): After his contract with FC Barcelona ended, the club agreed on a renewal. However, La Liga denied registration due to exceeding the salary cap. Messi had played the previous season under his prior contract but was not allowed to be registered for the next, ultimately signing with Paris Saint-Germain.
- United States (MLS and the “salary cap”): Major League Soccer applies a strict salary cap. At times, contracts must be adapted under the Designated Player rule to allow registration, showing the weight of regulation over contractual autonomy.
- England (Chelsea and minors, 2019): FIFA sanctioned the club with a ban on registering players for two transfer windows for irregularly signing and registering underage foreign players. The case underscored the importance of international regulations in protecting minors.
- Brazil (labor courts): Players unregistered due to their clubs’ financial problems have appealed to labor courts, obtaining compensation for the frustration of their professional careers.
- Switzerland (CAS): The Court of Arbitration for Sport has intervened in disputes over failed registrations in FIFA’s TMS system, emphasizing the obligation to protect players’ right to work against club breaches or bureaucratic delays.
Conclusion
Player registration is not a simple bureaucratic procedure: it is the cornerstone that links the athlete’s employment relationship with the regulatory framework of federations and leagues. In an increasingly globalized sport, registration reflects the ongoing tension between contractual freedom and regulatory power. For clubs, agents, and sports lawyers, mastering this area is essential: registration ultimately determines whether a player can effectively pursue their profession.
Comments
Related links
Main menu
