NEWSLETTER-2020-metin

367 SPORTS LAW transfer period, the original club has its player returned without paying any transfer fee. The compulsory element of fee in the temporary transfer agree- ment is the fee that the player will receive. Unless otherwise indicated, wage payments to be made to the player during the temporary transfer period are made by the temporary club, and this fee must be at least the amount of minimum wage. In addition to minimum wage, it may be freely decided for fees to be paid to the player, such as attendance fees per match, monthly salary, and bonuses for these fees must also be specified in the contract. During the player’s employment in the temporary club, the obligation to pay both social security and private insurance premiums is borne by the temporary club 4 . In the Article titled ‘Special Provisions of the Standard Tempo- rary Transfer Contract,’ prepared by the TFF, a section has been given for the parties to freely regulate the temporary transfer relationship between them. It should be emphasized that pursuant to Article 15(5) of the RPFPST, the parties cannot make any provisions limiting the sportive competition and the competitions in which the player may participate. Legal Characteristic of Temporary Transfer Contract With a temporary transfer contract, the player is bound to the management of his temporary club during his time in the temporary club, and receives all rights, such as wages, from the temporary club. In other words, the original club transfers its management rights to the temporary club during the period of the contract. Meanwhile, the tem- porary club fulfills the contractual obligations to the player from the date of signing the contract of the temporary transfer contract. At the end of the temporary transfer contract, the player returns to his origi- nal club. In fact, the professional football player contract between the original club and the player is temporarily frozen whilst a temporary transfer contract is in place, because during this period, the aforemen- tioned contract is not exercised. The player fulfills his obligations to the temporary club, not against the original club. As a matter of fact, 4 Ertaş, Şeref; Petek, Hasan: Spor Hukuku, p. 488, fn. 669.