420 NEWSLETTER 2021 The newly introduced article of paragraph 7 of the existing Article 18 states that the equivalent of two-thirds of a female player’s contracted salary during the term of the contract must be paid, unless more beneficial conditions can be applied according to the national law or collective bargaining agreement. New Article 18quater of RSTP New Article 18quater of the RSTP is introduced and includes special provisions for only female players. This new Article sets the minimum standards for protection of female players in the event of pregnancy, and special rights during and after the pregnancy, including the right to return to work and breastfeeding. Protection in the Event of Pregnancy The validity of a contract may not be made subject to a player being or becoming pregnant, being on maternity leave, or exercising her maternity rights, in general. Also, clubs are prohibited from terminating a contract on the grounds of a player being or becoming pregnant, being on maternity leave, or exercising her rights related to maternity, in general. If a club unilaterally terminates a contract for the aforementioned reasons, such termination shall be deemed to have been made without just cause. In addition, unless proven to the contrary, any unilateral termination of a contract by a club that occurs during a pregnancy or maternity leave shall be presumed to have occurred as a result of a player being or becoming pregnant. Paragraph 3 of the newArticle 18quater includes the consequences of such unjust termination for the clubs: The obligation to pay compensation equivalent to the residual value of the contract plus an additional compensation corresponding to six monthly salaries to the player, and sporting sanctions, cumulatively, with a fine may be imposed on the clubs.
RkJQdWJsaXNoZXIy MjUzNjE=