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Home | Foreign Players | Collective Labour Agreement Serie A
COLLECTIVE LABOR AGREEMENT "PROFESSIONAL PLAYERS 2003"
Giovedì 14 Settembre 2006 16:01

COLLECTIVE LABOR AGREEMENT "PROFESSIONAL PLAYERS 2003"

(Traduzione in inglese a cura della Lega Serie A)

Between:

ITALIAN BASKETBALL FEDERATION
A LEAGUE BASKETBALL ASSOCIATION
GIBA ASSOCIATION OF ITALIAN BASKETBALL PLAYERS


The following collective labour agreement with an outline of the relative standard
contract was stipulated based on previous agreements and in accordance with article 4
of law no. 91, of 1981.
PRELIMINARY REMARKS

1. Application and duration of the agreement
1.1. This agreement regulates economic and normative treatment of work relations
between the professional basketball A League sports clubs and the professional
basketball players who are (temporarily or otherwise) members of these clubs.
1.2. This agreement will have a duration of three years and will be effective from the
2003/2004 season until the 2005/2006 season, apart from the provisions contained in
articles 2, 3.2, 4.1, 5.2 and 20.4 that will be applied as of the 2004/2005 season.
ECONOMIC AND UNION RELATIONS

2. Minimum Remuneration
2.1. As of the 2004/2005 season, the following minimum remuneration is foreseen:
- 19,000.00 (nineteen thousand) euros for athletes that in the year in which the season
begins reach up to 20 years of age;
- 21,000.00 (twenty-one thousand) euros for athletes that in the year in which the season
begins reach between 21 and 26 years of age;
- 25,000.00 (twenty-five thousand) euros for all other athletes.
2.2. With contracts is of more than one year at the minimum, the age limits are applied
as indicated above.
2.3. Where federal regulations allow considering athletes over the age of nineteen
"young league players", minimum remuneration shall be as follows:
- for the young league athlete turning nineteen years old in the year of their first season
as a professional player, the contract can have a duration of up to five years whereby
the minimum remuneration follows the criteria of the previous two paragraphs;
- for the young league athlete turning twenty years old in the year of their first season as
a professional player, the contract can have a duration of up to four years whereby the
minimum remuneration will be subject to an increase of 20% of its initial value, for each
year of the contract following the first;
- for the young league athlete turning twenty-one years old in the year of their first
season as a professional player, the contract can have a duration of up to three years
whereby the minimum remuneration will be subject to an increase of 50% of its initial
value, for each year of the contract following the first.
2.4. All sums defined in this article will be adjusted to the increase in the cost of living
according to the ISTAT index at the beginning of each season following that of
2004/2005.
3. Superannuation Fund
3.1. Professional players will benefit from the services paid by a suitable "Voluntary

Superannuation Fund", according to the provisions foreseen in the statute of the same
Fund, in conformity with and for the purpose of article 4, seventh paragraph, of law no.
91 of the year 1981.

3.2. The fund will be sustained by deposits made by the clubs and the athletes in
proportion to the total gross annual sum of remuneration received by the player, with a
limit of 60,000.00 (sixty thousand) euros, to be reassessed according to the ISTAT index at
the beginning of each season after that of 2003/2004, applying the following rates:
- 6.25% to be paid by the club;
- 1.25% to be paid by the athlete.
3.3. The amounts charged to the club should be deposited into the Fund at the same
date as the relative accrued income, together with the amount to be deposited by the
player, subject to contextual deductions of the accrued income of that period. In cases
where the remuneration is superior to the limit stated in point 3.2, the monthly
contribution due will be calculated on the entire amount of monthly accrued income,
commencing from the first, until achieving the annual limit.
3.4. Any integration due to payment of bonuses will be collected at one time only, no
later than July 10, regarding both the amount charged to the club and that to be paid
by the player. The part to be paid by the player shall be withheld from the bonus
amount.
3.5. For that not foreseen by the present contract, a provision adopted by the
management of the Fund governs the collection of the sums for the same Fund.
3.6. Amounts deposited into the Fund in accordance with the terms of this article
substitute in every way any performance, indemnity or compensation the athlete has or
could have a right to according to article 2120 of the civil code.
4. Mandatory Insurance
4.1. It being understood that the obligations referred to in article 8 of law no. 91 of the
year 1981, the insurance cover (INAIL and/or private supplementary insurance) should
conform with the current insurance liability limit, which, starting from the 2004/2005
season, will be as follows:
150,000.00 (one hundred and fifty thousand) euros in case of death;
250,000.00 (two hundred and fifty thousand) euros in case of permanent invalidity, with
5% absolute exemption.
4.2. The insurance liability limits are agreed to be equal for all players holding a
professional contract, notwithstanding the value of the individual contracts and must be
reassessed according to the ISTAT index at the beginning of each sport season after that
of 2004/2005.
4.3. Under no circumstances, not even for brief periods of time or for training, are
uninsured players allowed to be utilized.
5. Union Activities
5.1. Subject to agreement with the League as to the date, the clubs must allow players
to participate in the annual GIBA meeting.
5.2. Where requested by the athlete, the club is to retain the associative labour sum
required of the athlete from the first income payment and therefore obliged to deposit it
at the same time to the GIBA, for the amount to be specified by the GIBA. For this reason
there will be a suitable delegate that the athletes can endorse with respect to union
rights in the individual contract module.
6. Periodic Consultations and Declaration of Intentions
The contracting collective parties pledge to hold periodical consultations at meetings
scheduled for this specific purpose to jointly evaluate and solve any problems regarding
the application and interpretation of this agreement. Any modifications and additions
will also be discussed. For this purpose, a joint committee will be set up consisting of four
members; two members nominated by the League and two members nominated by
GIBA, that will operate according to the method agreed to by the contracting
collective parties.


7. Guarantee and Solidarity Fund
7.1. A "Guarantee and Solidarity Fund for professional basketball players" will be
established aimed at giving professional athletes a sum of money when their
remuneration is not paid to them according to the regulation, hired by professional clubs
that have been declared to be in arrears according to the norms of the current federal
regulations or that have been declared bankrupt.
7.2. The Guarantee Fund will be fuelled on deposits of equal sums from the League and
the Superannuation Fund. Until the amount of 192,000.00 (one hundred and ninety-two
thousand) euros has been reached, the League and the Superannuation Fund will each
contribute an annual sum of 16,000.00 (sixteen thousand) euros to be deposited at the
beginning of each sport season. Once the Guarantee Fund has reached the
aforementioned sum of 192,000.00 (on hundred and ninety-two thousand) euros, further
deposits can be requested solely to integrate the same Fund, of not more than a
maximum annual sum of 16,000.00 (sixteen thousand) euros.
7.3. The financial support referred to in article 7.1 is paid upon the athlete's request
should the other claims for support and payment foreseen in the present agreement,
result insufficient or non-advantageous, or immediately if the club is declared bankrupt.
7.4. The support payments due to each athlete amounts to a monthly fixed contractual
compensation payment of no more than 3,000.00 (three thousand) euros and is paid for
a maximum period of three consecutive months.
7.5. Support benefits are paid within the limits of capacity of the Fund at that moment.
Regardless of the date of presentation of the individual requests, all members of that
club are eligible in equal conditions to the available sum on the date of declaration of
arrears or bankruptcy, for the monthly benefit payment(s) until the month in which
another club should be declared in arrears or bankrupt; from which time, for the
subsequent monthly benefit payment(s), the athletes belonging to the first club declared
in arrears or bankrupt are considered equal to those belonging to the latter club
declared in arrears or bankrupt; and so on for successive declarations of arrears or
bankruptcy, only until the Fund's resources have been exhausted. Regarding the latter
hypothesis, the support benefits still owing are paid in the next season, abiding by the
limits of the Fund at that time.
7.6. The Fund substitutes the rights of the athlete regarding the respective club and their
possible guarantors or those with due cause.
7.7. A suitable regulation of the role of the Guarantee Fund will be prepared and
approved by the contracting collective parties within sixty days of entering into the
present agreement. This regulation foresees the administration on behalf of the members
of the Retirement Fund as "autonomous managers" of the latter.
INDIVIDUAL WORKING RELATIONS

8. Initiation of the Relations
8.1. The relationship between the athlete and the club is initiated through the stipulation
of a contract that for all legal purposes, according to article 4 of law no. 91, 1981, must
be drawn up in written form, in five originals (signatures can be carbon copied), using
suitable printed forms conforming to the approved form attached to the present
agreement.
8.2. Two of the originals are given to the athlete at the drawing up of the contract. Within
five days of the drawing up of the contract the club files the other three contract
originals at the League's office, which in turn immediately sends one to the Italian
Basketball Federation (FIP) and one to the GIBA. The deposited contract establishes the
effective conditions of the contract. If the club does not file the contract within the limit
provided, the athlete can file the contract at the League's office within 30 days from the
stipulation of the contract. If the contract has not been filed within 30 days it is
considered void. The League confirms the filing of the contract by giving the filer an

endorsed and dated photocopy.

8.3. All terms not stipulated in the filed contract are null and void for all legal purposes.
Any modification or amendment, as well as any termination prior to the natural
expiration date, is valid from the day in which the relative written deed is filed at the
League's premises according to the terms foreseen in article 8.2. All contract terms that
do not meet the provisions of the present agreement are to be considered null and void
for all legal purposes.
8.4. The determination of individual or collective bonuses, following the stipulation of the
individual contract, must result in the suitable written act, to be filed with the League
within fifteen days of the signing of the relative act. The stipulation of collective bonuses
is valid and binding even when signed by the club and the team captain.
8.5. In case of any difference, the text of the contract in Italian shall be preferred over
any translation into another language.
9. Pre-contractual Negotiations
When conducting negotiations, the club and the athlete, together with possible proxies,
must behave cordially and in good faith and according to the values of loyalty and fair
play expected within the sport.

10. Duration of the Contract
10.1. The duration of the contractual relationship relates to that of the playing season,
that is the period of time between July 1 and June 30 of the next year. The terms of the
approved contract are effective as of the date filed with the League.
10.2. The contractual relationship cannot last more than five playing seasons, as foreseen
in article 10.4, and expires on June 30 of the last playing seasons for which it has been
stipulated.
10.3. Any no competition clauses or terms limiting the athlete's contractual and
professional freedom for the period of time following end of the contract, are forbidden.
10.4. The maximum duration of the professional contract entered into by the "young
league" athlete decreases proportionally to the increase in age of the athlete: for the
young league athlete that enters into the first contract as a professional in the year in
which the age of twenty is reached, the maximum duration can be no more than four
years; for the young league athlete that enters into the first contract as a professional in
the year in which the age of twenty-one, the maximum duration of the contract can be
no more than three years.
11. General Duties of the Club
11.1. The club agrees to assist and maintain the physical state of the athlete, providing
equipment suitable for training and an environment consistent with his professional
dignity. In any case the player has the right to participate in the training and preparation
of the first team, except for the provisions contained in article 27.10 of the present
agreement.
11.2. The club is bound to fulfill the duties contained in legislative decree no. 624 of the
year 1996 and subsequent modifications and integrations.
12. The Rights of "Young League Players" to Cultural Study and Education
12.1. The club, in line with the requirements of the competitive sporting activity, must
facilitate course attendance and the preparation for the examinations that the young
league athletes intend to undertake according to their studies or their attainment of a
professional qualification.
12.2. The club must furthermore encourage, in harmony with the aspirations of the
athletes bound by the contractual relationship, positive initiatives aimed at the
improvement of their cultural level.
13. General Duties of the Athlete
13.1. The athlete agrees to provide continuous service as a professional basketball player
and employee of the club, participating in games of the Italian A League, Italian Cup,

Super Cups, International Cups, the All Star Game, and other competitions and
tournaments according to the seasonal engagements of the club.

13.2. The athlete agrees to provide services in the sphere of an organization of means
and personnel provided by the club, assuring formal, complete, and substantial
collaboration with the managers, trainers, doctors, and team-mates, and behaving in
such a way as to peak both individual and team efficiency. Above all, the athlete must
respect all technical instructions and rules given to help reach the competitive goals set
for the team.
13.3. The athlete must participate in all of the training sessions and camps at the times
and locations specified by the club. The player must be present at the practice sessions
of his team-mates even if he is sick or injured, unless otherwise directed by the club's
doctor.
13.4. The athlete must maintain, both on and off court, behaviour not only consistent with
good citizenship but also in every circumstance based upon fairness, honesty,
professionalism, and fair play. The athlete must conform with the specific lifestyle
guidelines set by the club. These guidelines must be justified in any case by the objective
needs of the professional athletic activities and cannot be damaging to the human and
professional dignity of the athlete.
13.5. The athlete is also expected to sign an acceptance agreement and respect the
internal norms of behaviour established by the club, a copy of which must be delivered
to the athlete. It remains understood that the internal norms can in no way go against
the general state and sportive general principles of order or the sanctions in the present
agreement or result oppressive or unjustly limit individual freedom.
13.6. In any case, the athlete must abstain from the following:
- damaging acts, declarations or behaviour either towards self or the League;
- disparaging acts, declarations or behaviour towards self or the League;
- acts, declarations or written texts that instigate a lack of respect for the sporting
regulations and the League;
- acts, declarations or written texts that suggest in any way the differing of principles of
loyalty and good sportsmanship.
13.7. The athlete must furthermore respect the norms of behaviour established by the FIP
in their regulations.
14. Health Care
14.1. Under the present contract, or even after its expiry where dealing with
consequences of an accident or pathological states resulting from competitive practice
during the contractual relationship, all necessary expenses related to medical and
pharmaceutical assistance, dental and prosthetic treatments, surgery, and treatment in
hospitals or private medical institutions not covered by the national healthcare service
must be paid by the club.
14.2. When the athlete does not intend using the healthcare assistance offered by the
club, the club must contribute to the payment of the expenses incurred by the athlete to
an extent equivalent to the cost that would normally be necessary to ensure qualified
assistance. With regard to rehabilitation assistance as a consequence of an accident or
surgical procedure, contribution to such expenses will be determined verifying the
average costs of three major specialist centres and rehabilitation sites in Italy.
14.3. Before commencing athletic activities, the club must have the athlete undergo a
physical medical examination as provided for by laws in effect to ascertain the suitability
for competitive practice.
14.4. The club can make the athlete undergo other medical examinations, including
specialist tests, according to the requirements of competitive practice. In any case, the
check-ups should avoid excessive use of X-rays and should not be invasive.
14.5. The athlete must at all times safeguard his physical and mental well being by
leading a healthy lifestyle consistent with that of a professional athlete. In case of sudden
sicknesses, slight ailments, or injuries, the athlete must notify the club immediately and
put himself under the care of the club's medical personnel.
14.6. The athlete must maintain at all times a balanced diet. Furthermore the athlete
must meticulously respect the diet prescribed to him and the menus outlined by the

club's doctors.

14.7. The use of psychotropic or doping substances, even casually, is strictly forbidden.
The list of such substances with relevant updates will be fixed by the club, on the notice
board situated in the location where training is held. The GIBA, will in turn make sure the
list is circulated among the athletes.
14.8. In cases of disaccord on the type of medical, surgical or rehabilitative treatment to
adopt, the club does not intend to accept the athletes therapeutic proposal, otherwise
binding, it can request the execution of a collective medical assessment. In such cases,
the club must inform the appointment of its assessor via certified mail, inviting the athlete
to appoint an assessor within three days by certified mail. The refusal to appoint an
assessor results in the automatic reduction of the period referred to in article 24.1 of the
present agreement, to six months.
14.9. The body of medical assessors is composed of three members: the first two
appointed by the parties as outlined in the previous paragraph and the third, with the
role of president, is appointed by common agreement by the parties or by the
respective assessors within three days or, in the absence of agreement within the limits
specified, by the President of the Tribunal of Bologna. Within five days of the constitution,
the body of assessors will establish by majority, the therapeutic proposal most suitable for
the health of the athlete. The athlete is expected to collaborate fairly with the body of
assessors, undergoing all tests agreed upon for the execution of the appointment; refusal
to do so constitutes the failure to fulfil that in conformity with article 26.11 of the present
agreement. The remuneration of the assessors is determined according to the norms
within article 49 and following Presidential Decree no. 115, of the year 2002 and is given
to be the club's responsibility, with the exception of the costs and remuneration of the
assessor appointed by the athlete that remains entirely the responsibility of the athlete.
14.10. The club is obliged to accept the decision of the body of assessors. Should the
athlete not accept the decision, or fail to observe the therapeutic treatment indicated,
the period indicated in article 24.1 of the present agreement will be reduced to six
months.
15. Clothing
15.1. During practice sessions and competitions, the athlete must wear the uniform
supplied by the club in a suitable manner.
15.2. If requested, the athlete must wear the club's uniform when entering and exiting the
sports stadium on occasion of competitions, as well as during official events. The uniform
must not be utilized for occasions or purposes other that those foreseen.
15.3. The athlete is responsible for all material given to him by the club and is responsible
for such material in case of loss or deterioration not resulting from normal use or
uncontrollable circumstances.
15.4. Except in specific agreed cases, the athlete must utilize the shoes supplied by the
club.
16. Relations with the Media
16.1. Although the right to free speech is recognized, the athlete must in no case express
opinions or release statements during interviews with the press, television, or radio, that,
could result to be damaging to the club, the FIP or the League and respective
managers, employees, collaborators and members.
16.2. The managers in charge of the club, in the same manner, must not in any case
express opinions or release statements to the press that could result to be damaging to
the reputation and professionalism of the athlete.
16.3. The athlete, except for serious and founded reasons, cannot refuse to give
interviews during sports events and during other occasions organized by the club. In the
latter case, the athlete must be given reasonable prior notice.
17. Other Work or Sports Activities
17.1. The athlete cannot engage in any other working or entrepreneurial activity

incompatible with competitive sports practice. The athlete must notify the club in writing
of any working or entrepreneurial activity undertaken or intended to be undertaken in
line with the rapport.

17.2. The athlete cannot engage in other competitive sports activities or sports activities
involving elevated personal risk without the previous written consent of the club. Sports
activities considered at high are: skiing, water skiing, flying or hang gliding, parachuting,
underwater sports, mountain climbing, motorcycling, and, in general, any activities
defined as hazardous in the mandatory injury insurance policy.
18. Time Off and Vacations
18.1. Except under exceptional circumstances, and with foreseen recuperation, the
athlete has the right to one day off per week, usually to be taken on a Monday, except
for midweek engagements, those in international cups and those of the national team.
18.2. The athlete also has the right to an annual period of vacation of no less that forty
calendar days.
18.3. Considering the peculiar characteristics and calendars of the competitive sport of
professional basketball, the collective parties agree that during the period from the 1st to
the 31st of July of each year, all professional players, whether under contract or not,
utilize the corresponding holiday period. With regard to that mentioned in article 18.2,
the athletes will furthermore utilize a period 10 calendar days of consecutive holidays as
of the Sunday after the last official match of the season. The regulations contained in the
present paragraph do not apply to the duties of the national team.
18.4. Except for that foreseen in the first section of article 18.1, there is no possibility of
recuperating or being paid in any way for the period of vacation not taken.
19. Federation Disciplinary Measures
19.1. The athlete, as a member of the FIP, is subject to all its regulations and, in particular,
is subject to federation disciplinary authority.
19.2. If the club requests, the athlete must file an appeal of disqualification or disciplinary
measures applied by the FIP, the FIBA or the ULEB. In which case, the club assumes all
related burdens and costs. Should the club decide to not file an appeal, the athlete has
the right to file an appeal if desired, at the athlete's own expense.
19.3. Where disqualification converted into a fine, the athlete must reimburse the entire
sum of the fine to the club, that is the same amount of money that the club paid to the
FIP. If for any reason the disqualification must be or is in any way enacted, the fixed
annual remuneration will be decreased by 2.5% for each day of disqualification and the
athlete must be notified in writing within ten days of the day in which the disqualification
is enacted. The absence of communication within these terms forces the club to forfeit
the right to the decrease in remuneration.
20. Remuneration
20.1. The athlete's remuneration per playing season consists of:
- a fixed annual monetary remuneration. Any benefits (for example the use of residences
or cars) must be made clear in the contract and contribute to the determination of the
amount of fixed annual remuneration at the specific cost to the club. If the parties agree
that the athlete is to be provided a club residence, the cost of said residence for the
athlete cannot be more that 10,500.00 (ten thousand, five hundred) euros;
- any team or individual monetary bonuses.
20.2. The fixed annual remuneration includes and covers all benefits, indemnities, or
checks that may be due to the player for the sport, and also those associated with
leisure periods, holidays, days off, travel, missions, night games, training camps, and so
on.
20.3. If the contract runs for more than one year, the amount of remuneration for each
playing season must be specified. Any contract not indicating the sum of the fixed
annual remuneration for each of the playing seasons covered in the document is
considered null and void.
20.4. If the team is demoted, the athlete's fixed income of the season concluded with
that team is to be automatically reduced to 80% of the contractual remuneration,

respecting the minimum limits of remuneration in force. The reduction referred to in the
present paragraph comes into effect in the same season that the demotion occurred
and for any subsequent seasons, except if the team is returned to the A League,
whereby the reduction in remuneration is cancelled.

20.5. All amounts must be stipulated in gross figures, before taxes and levies. It is
forbidden and void for all legal purposes to make any stipulations with the objective of
transferring financial burdens levied by law, regulations, or the collective agreement
from the athlete to the club or a third party. Also forbidden are similar stipulations having
the objective of transferring financial burdens levied by law, regulations, or the collective
agreement from the club to the athlete or a third party.
20.6. The remuneration must be stipulated in Euros. If payment is to be made in a
different currency, the club can pay in Euros if it chooses according to the exchange
rate on the date of the filing of the contract or upon expiry of obligation.
21. Payment of Income
21.1. The fixed remuneration is to be paid in 12 equal deferred monthly instalments due
the tenth day of each month, from August 10 to July 10 of the following year. Where the
contract is filed after August 10, the remuneration will be divided into fewer equal
instalments, with payment commencing the tenth day of the month following filing and
continuing as above until July 10.
21.2. Bonuses are to be disbursed in one or more payments, at the discretion of the club,
within 30 days of attaining the result for which the bonus was awarded, in any case by
July 10 immediately after the sport season referred to.
21.3. Except where agreed otherwise, remuneration must be sent to the athlete's fiscal
residence, as specified in the contract or transferred into the athlete's current bank
account as indicated by the athlete.
21.4. If payment of one of the monthly instalments is more than 30 days late, the athlete
has the right to receive additional amounts according to article 429, third paragraph, of
the civil practice calculated from the first day after payment was supposed to have
been made.
22. Resolution for Delays of Payment
22.1. In cases of arrears for a corresponding amount of at least two months of the fixed
remuneration stipulated, the player has the right to obtain an annulment of the contract
for failure to conform with regular procedure.
22.2. To such end, the player, having matured the aforementioned period of arrears,
must formally declare the club in arrears through means of a warning by certified mail or
telegram, a copy of which is to be sent to the League headquarters. The club can
prevent the annulment by paying the amount due to the player in cash or by bank draft
delivered to the player's residence, or by bank transfer into the athlete's current account
(as indicated by the athlete), within 20 days of the receipt of the arrears advice; or the
club can, within ten days of receipt of arrears advice, contest the existence of the
conditions of the annulment invoked, provoking an arbitrary judgement according to
common practice contained in article 32 of the present agreement.
22.3. Where the club in arrears fails to effect payment in the aforementioned terms of
twenty days or provoke arbitrary judgement within the specified time frame, as foreseen
in the previous paragraph, the contract is declared null and void by the chairman of the
CPCA upon the athletes request.
22.4. The annulment due to arrears allows the player the right to payment of
remuneration agreed until the end of the current sport season or, if preceding, until
entering into a new contract.
22.5. If the player is a member of a club following the temporary transfer of contract, the
arrears advice must also be sent, in the same mode and terms, to the ceding club. The
declaratory judgement of the annulment by the chairman of the CPCA determines the
restoration, to be effective as of the same declaratory judgement, of the original relation
between the ceding club and the player as far as the terms foreseen for that relation, on
the condition that the ceding club provides the entire payment, except where ruling is in

favour of the ceding club, within the period of twenty days from the communication of
the declaratory judgement, of all unpaid accrued remuneration, on the basis of that
foreseen in the original contract or, if inferior, in the contract entered into by the athlete
with the ceding club in arrears. In the absence of such payment, the player can apply to
the chairman of the CPCA for the declaratory judgement of annulment of the contract
with the ceding club, also for seasons subsequent to that referred to previously.

23. Advertising Contracts
23.1. The club has the right to profit financially in any legal manner from the image of the
athlete since he is a member of the team and wears its uniforms. If requested, such
image can be associated with brands or products of any kind and the athlete has no
right to any remuneration for such association. The club cannot request the athlete to
perform any individual promotional activities not in connection with the team and its
uniforms.
23.2. The athlete is permitted to stipulate individual advertising contracts in accordance
with the following two imperative conditions:
- the brands or products being promoted cannot compete in any way with the official
sponsor or the official suppliers of the club and the official sponsor of the League unless
written authorization is obtained from the club and the League;
- the advertisement should not display the colours or general distinctive elements of the
club or other A League basketball clubs, or similar to those, and the athlete must not
wear the club playing uniform.
23.3. The above conditions must be respected unless other conditions are stipulated.
24. Sickness and Injuries
24.1. In the case of sickness or injury not attributable to grievous or reckless behaviour on
the athlete's part, the athlete has the right to the entire amount of remuneration, for the
entire period of seven and a half months, as stipulated in the contract.
24.2. The club has the right to insure against the risk of damages that it could undergo
following an athlete's accident or illness. All relative insurance compensation is exclusive
to the club; the athlete cannot claim from such title. The athlete must undergo all tests
required by the club's insurance policy in their favour.
24.3. If the lack of performance due to sickness or injury lasts for more than seven and a
half months and the contract has not expired in the meantime, the club, after giving
prior notice to both the athlete and the League in writing, has the right to reduce the
player's payment by 50% from the date the letter is sent until the player resumes play.
Alternatively, the athlete and the club can seek cancellation of the contract.
24.4. In cases where the contract follows the direction of the first part of the previous
paragraph, or the second part of the paragraph at the initiative of the club, the latter
will provide the athlete with health insurance for an extra three months after the first
seven and a half.
24.5. For accidents occurring prior to the date that the present collective agreement is
entered into, the period of nine months foreseen previously continues to apply.
25. Residence
25.1. For the purpose of any communication required by this agreement, the athlete and
the club designate their respective residences (in any case in accordance with article 47
of the civil code) as those specified in the contractual module deposited. Any change
will not take effect until 15 days after written notification has been sent to the other party
and such notification has been delivered to the League headquarters.
25.2. As far as the athlete is concerned, such provision does not apply during summer
vacation.
25.3. The communication relative to the procedure of conciliation and of arbitration is to
be carried out at the address elected within the application or within the preliminary
appeal or within the first deed of defence, in absence of the election of a premises, it is
carried out on the League's premises, for that regarding the club, and at the premises of
GIBA, for that regarding the athlete.

DISCIPLINE

26. Disciplinary Penalties
26.1. An athlete who has not fulfilled responsibilities to the club, can be subjected to the
following disciplinary measures, depending on the gravity of the violation:
-a verbal reprimand;
-a written reprimand;
- a fine by means of withholding part of remuneration;
- suspension of activities, even from practice sessions or preseason training;
- early cancellation of the contract.
26.2. If repeated violations of the same rule are involved, only those infractions
committed during the same playing season can be considered.
26.3. In no case can disciplinary measures be adopted regarding the lack of
performance of an athlete or the team, according to the club.
26.4. The parties agree that, considering article 7, first paragraph, of law no. 300, 1970,
the clubs are obliged to affix the internal norms of behaviour, if existing, in a location
visible to the athlete, with any relative penalties, as well as the "disciplinary code" in
which articles 2104, 2105 and 2106 of the civil code, article 7 of the workers' statute, the
norms of this contract relative to the general duties and specifics of the athlete and
discipline (articles 13, 14, 15, 16, 17, 19, 23, 26, 27, 28) must be present.
Verbal and Written Reprimands

26.5. Lesser infractions can be disciplined with verbal reprimands.
26.6. Written reprimands are to be applied in the case of a repeated infraction of the
same rule or a similar rule that has already been reprimanded verbally.
Fines

26.7. The parties recognise that the fine limit established generally of a maximum of 4
hours of remuneration from article 7 of the workers' statute is ineffective and unsuitable
to the reality of A League basketball; as a consequence an exception to this legal norm
is agreed to. For "hours of remuneration" it is intended 1/200 (one two-hundredth) of the
annual remuneration allocated to the athlete as stated in their contract.
26.8. The maximum amount of the fine must not exceed the 4 hours of redefined base
remuneration and therefore 2/100 (two hundredths) of the athlete's remuneration. For
repeat violations of the same infraction, the fine cannot exceed, in the same sport
season, 1/10 (one tenth) of the athlete's fixed annual income.
Exclusion from Practice or Preseason Training of the First Team.

26.9. Suspension from activity and remuneration cannot be set for a period of more than
ten days.
26.10. Where infractions for which a fine has already been given are repeated, in
addition to the fine, suspension from practice sessions and preseason training for up to
three months is also applied.
Dismissal for Just Cause

26.11. Independent of other reasons for cancellation, the club can move for early
cancellation of the contract in the following cases:
- use of doping substances or procedures;
- use of psychotropic substances;
- sports fraud;
- conviction and sentencing to serve time in jail for intentional crimes, sentence finalized
and not suspended or pardoned;
- sickness or injury resulting from reckless or grievous behaviour of the athlete that results
in a period of inability to perform lasting longer than one month;
- disqualification or disqualifications during a season that, combined, amount to over ten
days of official competition;

- more than one unexcused absence from games during the season;
- grievous and repeated failure to fulfil the responsibilities outlined in this contract
Penal Clause

26.12. In any case, should the athlete unjustly interrupt the fulfilment of the contract,
declaring in writing also through the proxy that the athlete does not intend to fulfil the
contractual obligations appointed, or in actual fact not fulfil the obligations for a
continuous period of no less than thirty days, the club has the right to request the athlete
for compensation of damages, of a sum corresponding to six months of the athlete's
fixed annual remuneration, except where the possibility exists for the club to proceed
with the athlete's dismissal according to the norms of the previous paragraph or the
allocation of another disciplinary penalty.
27. Failure to conform to the rules established in Article 13.6 of the present agreement
27.1. For the athlete failing to perform obligations established in article 13.6 of the present
agreement, the following disciplinary measures can be applied:
a) reprimand and, according to the seriousness, a warning if the incident occurred
without malice or grave intent;
b) simple monetary disciplinary measures, where an infraction for which the athlete has
already been warned or given notice, is repeated;
c) increased monetary disciplinary measures in cases of malice or grave intent, or where
an infraction for which punishment has already been given, is repeated. Considering
both cases, the joint punishment can be of a maximum of double that foreseen.
27.2. Simple monetary disciplinary measures carry the obligation of transfer to the
League, within the terms fixed by the CPCA, of a sum of money of no more than 1/100
(one hundredth) of the athletes annual remuneration.
27.3. Increased monetary disciplinary measures carry the obligation of transfer to the
League, within the terms fixed by the CPCA, of a sum of money of no more than 2/100
(one hundredth) of the athletes annual remuneration.
27.4. When determining punishment the following is to be considered:
a) the entities, the seriousness and duration of the infraction;
b) the gross prejudice, be it moral or of the image that the disciplined conduct caused
the League, the other clubs associated, third parties or, the sport of basketball in
general;
c) the aggravating circumstances, including in particular:
- the repeat of the same or similar infractions;
- the repeat of infractions even of another nature committed during the current sport
season or that previous;
- committing an infraction in order to commit or hide another infraction;
- the aggravation or the attempt to aggravate the consequences of the infraction;
d) extenuating circumstances, above all:
- voluntary repentance before the beginning of the disciplinary procedure;
- action undertaken in order to eliminate or mitigate the consequences of the infraction;
- having reacted to another persons' unjust action;
- having never required disciplinary action previously.
27.5. Any confidence generated from the absence of punishment or lighter punishment
for cases such as those mentioned previously, cannot be invoked as a reason for
justification extenuating circumstances.
27.6. The clubs are obliged by the League to pay the athletes' fines jointly with the
responsible party and with the right to regression with regard to the latter.
28. Disciplinary Procedure
28.1. Should the club intend applying a disciplinary measure greater than a verbal
reprimand, it must notify the athlete in writing within five days of the incident, of the facts
or specific behaviour for which punishment will be attributed, inviting the athlete to
prove his innocence or defend himself - even through a representative provided with a
written defence, or through the GIBA, if a member, in the latter case without necessity of

a specific defence - within a term of no less than five days of the receipt of the
aforementioned contestation of charge.

28.2. If the athlete chooses not to contest or defend in writing in the terms established for
defence, the athlete can request, within such terms, to be heard orally, also with the
assistance of a representative.
28.3. The club can deliberate a punishment within the five days following the day on
which the athlete was heard or that the written defence was received; or, in absence of
defence, in the five days following that of the expiry of the terms of defence, informing
the athlete of the decision reached within a further five days.
28.4. The athlete can turn to the CPCA to contest the punishment assigned. This however
will not suspend the execution of punishment.
28.5. The disciplinary measures referred to in article 27 are deliberated by the CPCA
upon proposal of the President of the League, that to this end enables the relative
arbitrary procedure, prior to the athlete's contestation in writing, of the facts or specific
behaviour for which punishment will be attributed, inviting the athlete to defend himself
according to the terms foreseen by the arbitrary procedure.
DISPUTE RESOLUTION

29. The Permanent Board of Conciliation and Arbitration
29.1. A permanent, three member Board of Conciliation and Arbitration (CPCA) is to be
appointed, composed of three members: the chairman, invariable, nominated in
agreement by the League and the GIBA every two years; one member chosen at a time
from those indicated by the League in a list created for this purpose; and one member
chosen at a time from those indicated by the GIBA in a similar list. The League and the
GIBA form, and communicate reciprocally, their respective lists, and any subsequent
variations or integrations, of the possible members of the CPCA, indicating in each no
less than three nominations.
29.2. The CPCA is located in Bologna, at the premises of the League and performs its
obligations making use of the office resources made available to them by the League.
30. CPCA Expenses, Appeal Fees and Legal Defence Expenses
30.1. The League and the GIBA are to establish the amount of fixed expenses for the
functioning of the CPCA every two years.
30.2. The remuneration of the arbitrators is determined, with a maximum limit, on the
basis of the hourly rate currently in effect for the Board of Conciliation and Arbitration of
the sport, established at C.O.N.I., rates that all delegated subjects as members of the
CPCA must agree in advance to accept and respect as conditions of validity of the
constitution of the board.
30.3. The appeals and petitions addressed to the CPCA and its Chairman are subject to
the following fees:
- 500.00 euros for requests for conciliation as per article 31;
- 500.00 euros for appeals for injunction as per article 32.11;
- 500.00 euros for appeals against disciplinary measures, for which the fees cover both
the conciliatory phases and any subsequent arbitrary phase;
- 1,000.00 euros for all other ordinary appeals as per article 32, including those in
opposition to injunction according to article 32.13. In the event foreseen in the last
section of article 31.4, of activation of the arbitrary role following the absence of
conciliation, the appealing party must provide the fees to integrate the conciliation fees
with the payment of a further 500.00 euros.
30.4. The fees contained within the previous paragraph are recovered by the League
that allocates them to a specially appointed fund managed in agreement with the GIBA
for the reimbursement of the office expenses of the CPCA. The League and the GIBA are
to decide annually where the excess of said fund is to be allocated.
30.5. Considering both the uncustomary nature of the procedure of dispute resolution
foreseen in the present agreement (and the non-obligatory consequences of the
technical defence) and the more general role requirements of the procedure itself also
given the sport environment in which they are to apply, the liquidation of any such legal

defence expenses of the parties can be of no more than the minimum current
professional rates foreseen for judicial activity.

31. Conciliatory Role
31.1. The CPCA performs the role of body of obligatory conciliation for disputes relative
to the working relation between professional player and club.
31.2. The request for conciliation is to be deposited at the CPCA office together with the
request for arbitration according to article 32.2 and must be accompanied along with
proof of payment of fees. The proposal of the request of conciliation effects the
interruption and suspension of the terms of the instruction and forfeiture established by
law.
31.3. Should the conciliation succeed, a statement is drawn up, signed by the arbitrators
and the parties, and is binding. The appeal fee is given back to the appealing party,
except for the amount referred to in article 30.5 that is definitively appropriated.
31.4. Should the attempt at conciliation result as negative, or cannot be performed due
to the failure to appear of one or both of the parties, or their representatives, the CPCA
will proceed with the execution of activity in an arbitrary role, where requested and
subject to the payment of the integrative appeal fees.
32. Arbitrary Role Jurisdiction
32.1. The CPCA assumes an arbitrary role according to article 4, fifth paragraph of law
no. 91 of 1981 for the resolution of all disputes regarding the interpretation, validity, and
performance of the present collective agreement and of the relative individual
employment contract as well as, in general, of all possible disputes, including those of an
economic nature relative or connected to the working relation between club and
professional player, even whereby subsequent demotion of the club to a nonprofessional level or the player's subsequent memberships with other militant clubs in a
non-professional tournament and also for the athlete's transfer abroad, on the condition
that the origin of the dispute is verified in constancy of the professional relation. The
CPCA also assumes an arbitrary role for appeals proposed against disciplinary action of
a more serious nature than a verbal reprimand by the club as well as the procedure of
dealing out the punishments referred to in article 27 of the present agreement. The
CPCA is also responsible for disputes between the club and the Professional Players'
Pension Fund.
Ordinary Procedure

32.2. A petition of appeal is communicated to the involved parties through means of
certified mail, by fax to the CPCA premises together with proof of receipt. The appeal
must contain a summary of the facts and the rights the petition is based on, as well as an
indication of the types of evidence the party intends to submit in his defence and the
documents involved therein must by duly filed. The petition of appeal must also contain
(without which the appeal will not proceed) the party's designation of the arbitrator of
those indicated in the list referred to in article 30.1 and (in order to result as paid) must be
accompanied by the proof of payment of the appeal fee.
32.3. Appeals against disciplinary measures must be submitted within ten days of the
communication of the contested measure, a copy of which must be attached to the
petition. The timing of the appeal is verified with reference to the date that certified
document was sent as per article 32.2.
32.4. Appeals regarding disciplinary measures as referred to in article 27 of the present
agreement must be accompanied by a receipt showing payment of the appeal fee (as
in article 28.5) will not be considered.
32.5. The party summonsed creates a counter claim, informing the plaintiff at the
specified residence in the petition, by certified mail within ten days of the receipt of the
petition and filed even through sending it by fax to the CPCA office together with the
postal receipt. Together with the counter claim, the plaintiff must file, at least five days
before the hearing, any exceptions to the methods and merits not officially observable
must be cited, indicating also the types of evidence which the plaintiff intends to
produce and the documents involved therein which must be filed at the same time. The

counter claim must furthermore contain the designation of the party's arbitrator of those
contained in the list referred to in article 30.1; in the absence of such designation, it is
carried out by the CPCA within five days of the filing. The timing of the counter claim is
verified with reference to the certified mail date.

32.6. Having formed the board, the chairman of the CPCA schedules a hearing for a the
conciliation according to article 31 as well as for the purpose of discussing the appeal in
the even of the occurrence of that contained within article 31.4.
32.7. The CPCA office will record the petitions in progressive order in the general dispute
register, will create the necessary file, and will then send a copy of the documents
attached to the appeal petition or to the counter claim to the contested party without
delay; and will also communicate (in good time) all disciplinary measures not included in
the hearing.
32.8. The CPCA, under the direction of the chairman, exercises the powers referred to in
articles 420 and 421 of the civil code of procedure, and perform any instructive activity
according to the customary employment regulations. The hearing is conducted orally.
Once any investigation and discussion has been completed, the board will pronounce
its decision based on the facts presented by the parties. The minutes will be taken of
every meeting held and will be signed by the chairman and by the arbitrators.
32.9. The CPCA makes its decisions on the basis of a majority vote according to the law
and the grounds for judgement. The award, uncustomary and immediately valid, is filed
at the CPCA office within two months of the request; such terms can be prolonged, only
once and for a period of no more than one month, only whereby agreement has been
reached by the parties or execution by the instructive activity that is prolonged for more
than one hearing further to that discussed. The award is communicated to both parties
care of the CPCA office that, upon request, will supply an authentic copy of the
notification. Upon obtaining the authorization of the federation, the award is contestable
in the modes and terms established in article 412 quarter of the code of civil procedure.
32.10. In the award, the CPCA sets the payment in full or in part (according to the
principles contained in article 91 and following the civil procedure code) of the role of
the Board as per article 30.2 as well as any legal defence expenses, paid according to
the norms contained within article 30.5 and the appeal fees as the responsibility of the
losing party.
Abbreviated Procedure

32.11. If payment of instalments of the fixed annual remuneration or bonuses are more
than ten days late, the athlete can request the chairman of the Permanent Board of
Arbitrators to order the club in arrears to pay the monthly instalment(s) and any interest
due. The Retirement Fund can react similarly where payments of the amounts referred to
in article 3 are delayed by over ten days. The appeal must be presented by way of
petition filed (by fax if necessary) at the CPCA premises, along with a copy of the
individual contract and proof of payment of the appeal fee (without which payment is
not recognised). An suitable fax must be indicated in the petition (failure to do so may
halt proceedings), through which acts are to be communicated by the office or the
opposing party.
32.12. If it is decided that the petition is founded, the Chairman orders the club to pay
the amount due and any relative additional payments as referred to in article 429, third
paragraph of the code of civil procedure, including the reimbursement of any legal
defence fees, to be settled according to the norms referred to in article 30.5, and the
appeal fees within ten days of the receipt of the injunction, with express warning that
within the same period of ten days opposition is accepted and that, in its absence, the
injunction is considered definitive and can therefore be executed according to the
norms within article 34 of the present agreement. The parties are informed of the
injunction by fax care of the office.
32.13. Opposition can be executed by way of appeal transmitted to the opposing party,
(which can be performed by fax) to the means indicated in the appeal for injunction.
Within the same period of ten days within the receipt of the injunction. The appeal is to
be filed within the same period of time (also by fax) at the CPCA premises together with
the proof of transmission to the opposing party. With opposition, arbitrary procedure is

established according to the ordinary procedure foreseen within the present article 32.
The opposition clause does not suspend the execution of the injunctive action.

33. Suspension of Terms
33.1. The course of the terms of arbitrary procedure are suspended from 10 July to 31
August of each year.
33.2. If an appeal petition is initiated during the period of suspension, the petition will be
considered as having been filed at the end of the period of suspension.
34. Enforcement of Rulings
34.1. The execution of the CPCA's decisions in which the clubs are found to be in error, is
enforced by the League, that prepares within ten working days of the date on which the
arbitrary award was filed or from the expiry of the period foreseen for the opposition as in
article 32.13.
34.2. The League is to foresee in its regulations, as a condition for admission and staying
in the League, the clubs' obligation to lend a suitable financial guarantee to be utilized
for the payment of debts to the athletes recognised by the CPCA's decisions and the
obligation of immediate reintegration of such guarantee if utilized.
34.3. The absence of the integral execution of the obligations born of the executive
arbitrary award causes of the exclusion of right to participate in the next federation
championship game, as established in the current FIP norms.
TRANSITORY REGULATIONS

35. Disciplinary matters of the regulations in the present agreement that will take effect
as of the 2004/2005 season.
35.1. For the 2003/2004 season the disciplinary matters in articles 2, 3.2, 4.1, 5.2 and 20.4
will be regulated on the basis of the regulations foreseen, that are intended therefore to
be extended until 30 June 2004.
35.2. The collective contracting parties will however, research these agreed solutions in
order to put the regulations contained within articles 3.2 and 4.1 of the present
agreement into effect during the 2003/2004 sport season.
Treviso, 27 September 2003


 
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