//Transfers
Transfers2019-02-05T12:14:29+00:00

Transfers

How it is in Volleyball now:

  1. The National Team period is from 16 May to 15 October and the National League season is from 16 October to 15 May. The duration of the transfer may extend to maximum one (1) National League season. (FIVB Sport Regulations – Duration of Transfer)
  2. International participation: Whenever a local court gives a player the right to a local license based on national law and against FIVB Regulations, the FIVB organs (including Confederations) must not grant an international license and must prevent that player from taking part in any international competitions under their authority. (FIVB Sport Regulations – National Law)
  3. The Receiving Club negotiates the financial and transfer conditions for the transfer of the player with his Federation of Origin and, if the player is under contract with his current club beyond the scheduled transfer date (hereinafter “Club of Origin” – see also 6.3.8.2 for young players), also with his Club of Origin. (FIVB SPort Regulations – Transfere Procedure)
  4. When a player is required to obtain an International Transfer Certificate (ITC), both National Federations – Federation of Origin and Receiving Federation – may ask for the payment of a transfer fee for transfers – hereinafter “the Fee”. The Fee shall be understood as the fee for administrative costs and investments made by National Federations. (CEV Transfers – Fee Regulations – Transfer Fee)

 

How it is in other Sports:

  1. The Transfer Certificate shall not be used as an instrument for imposing conditions and/or financial demands except in the cases regulated in § 6 of this Article. (IHF Regulations for Transfer Between Federations)
  2. Transfers: In 2001, in the context of the pursuit of a case concerning alleged infringements of EC competition law and after discussions with the Commission, football authorities undertook to revise FIFA Regulations on international football transfers, based on compensation for training costs incurred by sports clubs, the creation of transfer periods, the protection of school education of underage players, and guaranteed access to national courts. The Commission considers such a system to constitute an example of good practice that ensures a competitive equilibrium between sport clubs while taking into account the requirements of EU law. (Commission of The European Communities – WHITE PAPER ON SPORT)
  3. The transfer of players between clubs belonging to the same association is governed by specific regulations issued by the association concerned in accordance with article 1 paragraph 3 below, which must be approved by FIFA. Such regulations shall lay down rules for the settlement of disputes between clubs and players, in accordance with the principles stipulated in these regulations. Such regulations should also provide for a system to reward clubs investing in the training and education of young players. (Regulations on the Status and Transfer of Players)
  4. Without prejudice to the right of any player or club to seek redress before a civil court for employment-related disputes, FIFA is competent to hear:
    a) disputes between clubs and players in relation to the maintenance of contractual stability (articles 13-18) where there has been an ITC request and a claim from an interested party in relation to said ITC request, in particular regarding the issue of the ITC, sporting sanctions or compensation for breach of contract;
    b) employment-relateddisputesbetweenaclubandaplayerofan international dimension; the aforementioned parties may, however, explicitly opt in writing for such disputes to be decided by an independent arbitration tribunal that has been established at national level within the framework of the association and/or a collective bargaining agreement. Any such arbitration clause must be included either directly in the contract or in a collective bargaining agreement applicable on the parties. The independent national arbitration tribunal must guarantee fair proceedings and respect the principle of equal representation of players and clubs; (Regulations on the Status and Transfer of Players – Competence of FIFA)

 

Our Goal:

Transfers of the players (employees) of one professional volleyball club (company) to another should be governed by the laws of the country regarding workers employment without involvement of any third party and excluded from any limitation and discrimination. If the two clubs agree on a players transfer, the governing body should be only informed about the transfer and the transfer should be registered in the official database of the transfers monitored by the governing body’s special commission. With the help of new technology such as Blockchain, smart contracts and virtual currency tokens, the whole process would be transparent and secure allowing more flexibility and promoting new values such as transparency, sharing, trust and at the same time reduce the costs. In case of any sport dispute, the transfer process can be suspended and reviewed.

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