Football employment contract and percentage of future transfer fee

Pubblicazione legale: Is it legitimate to include a clause, in a football employment contract, that entitles the player to receive a percentage of their future transfer fee? Would such a clause violate Article 18ter of the FIFA RSTP on Third-Party Ownership (TPO)? I recently assisted a young footballer in signing his first professional contract. During the negotiations, the Club raised this exact question when we requested the inclusion of such a clause. 🟢 Spoiler: YES, it is legitimate. A club and a player can validly agree that, in the event of a future transfer to another club, the player will receive a specific amount of compensation, whether as a lump sum or a percentage. In fact, in 2018, the FIFA Disciplinary Committee, in the cases involving SV Werder Bremen, Panathinaikos FC, CSD Colo-Colo, and Club Universitario de Deportes, ruled that such amounts promised to players constitute part of the remuneration due under their employment contracts. As a result: a player cannot be considered a “third party” in relation to their own future transfer; Therefore, such clauses do not violate FIFA’s rules on third-party ownership of players’ economic rights. The Committee emphasized that it is mainly the player who, through their work, effort, perseverance, and daily discipline, attracts the interest of other clubs — thus generating their own surplus value and development. Following these decisions, the definition of “third party” in the FIFA RSTP was amended in 2019, clarifying that a player must not be considered a third party for the purposes of Definition 14 and Article 18ter of the RSTP. ⚖️ As a result, my client now has a share in the value of his future transfer — fully compliant with FIFA regulations 📈

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