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Sportsman vs Sports Club I Athlete's Labor Rights

Being a member of the national team of Ukraine presupposes that the athlete - a member of the national team has an employment contract, as well as compliance with the guarantees of cash benefits, bonuses and social security.

In a recent ruling, the Supreme Court protected the labor rights of a volleyball club athlete who had not been paid for more than a year under a contract and ordered her to pay UAH 27,000.00 in her favor.

According to the circumstances of the case, a contract was concluded between the athlete and the volleyball club, which provided for:

  • monthly cash payments in the amount of UAH 2,700.00, which will be reviewed before each game season depending on the sports qualification;

  • free education in a higher educational institution;

  • providing an apartment from the Club for the period of stay in the team.

However, for more than a year, the Sports Club has never made cash payments.

Due to non-compliance with the terms of the contract, the plaintiff terminated it unilaterally and appealed to the court for monetary compensation.

Although the court denied her claims in the first instance, considering them unfounded, the Court of Appeal, which agreed with the Supreme Court, confirmed that the Club's unfair actions against the athlete could indeed result in termination of the contract.

At the same time, the courts rejected the arguments of the defendant that he had suffered material damages in the amount of over UAH 270,000.00 in connection with the termination of the contract and the possibility of free transfer of the plaintiff to any other club. Having signed a contract with the athlete, the Club had to provide that the consequence of non-compliance with its terms is its termination.

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