Download Danmarks Ishockey Union

Danmarks Ishockey Union
Idrættens Hus
Brøndby Stadion 20
DK-2605 Brøndby
Phone: +45 4326 2626
Fax: +45 4326 2123
www.ishockey.dk
[email protected]
Danish Ice Hockey Association
CONTRACT FOR ICE HOCKEY PLAYER
The undersigned
[ ] CLUB
CVR no. […]
[Street and number]
[City and area code]
- hereafter called the employer
And the undersigned
Name
Date of birth [ ]
[Street and number]
[City and area code]
- hereafter called the player
have on this day agreed to an employment contract on the terms stated below and
conditional upon approval by the Danish Ice Hockey Association of the contract and the
employer entering into the contract.
1.
START DATE AND JOB TITLE
1.1.
The player will begin work on ___/___
____ and the employment will
terminate without further notice on ___/___
____ provided that it has not
been terminated prior to that date according to 1.2 below. The player will have
the title of ice hockey player.
Stiftet 27. november 1949
TEAM DANMARK Topsatningsforbund
Medlem af Danmarks Idræts-Forbund og International Ice Hockey Federation, IIHF
Danmarks Ishockey Union
Danish Ice Hockey Association
1.2.
Notwithstanding article 1.1 the employment can be terminated with 14 days
written notice in a trial period comprising the first three months of the
employment period.
2.
REFERENCES AND PLACE OF WORK
2.1.
The employer has hired one or more coaches to be in charge of the elite team
and a team manager is responsible for administrative and practical tasks
concerning the team. The employer designates this group to be the player’s
immediate superiors, to make management decisions and deal with other
issues relating to the daily work of the player. Questions about this contract can
be answered by the coach or the club’s general manager.
2.2.
The player is always welcome to seek advice and guidance or replies to
administrative issues from the club administration.
2.3.
As a general rule, the workplace is [NN Skating rink + address], but away
games and training and exhibition matches, etc., will take place in other skating
rinks or abroad.
3.
THE OBLIGATIONS OF THE PLAYER
3.1.
In general, the employer expects the player, while employed, to represent the
employer and the sport of ice hockey in the best way possible.
3.2.
Work as an ice hockey player requires that the player attends training,
tournaments and exhibition matches.
3.3.
The player must observe the rules laid down by the manager of the elite team,
including disciplinary measures, such as payment to a penalty account. Rules
for payment into such account and its use is arranged by the player (or his
representative) and the coach. The penalty account is normally used for social
arrangements
for
the
team.
Any
complaints
are
settled
by
the
club
management.
3.4.
If the player misses training or a match, he must immediately inform the
coach.
3.5.
The player must play on the team to which he has been assigned, regardless if
the match is part of an official tournament, held in Denmark or abroad.
3.6.
The player must comply with the rules of Denmark’s Olympic Committee
regarding doping and submit to doping checks in accordance with doping rules.
The employer will not accept any form of doping. Doping will result in exclusion
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Danmarks Ishockey Union
Danish Ice Hockey Association
of the player and termination of this contract without notice and without any
right to compensation or fulfilment of obligations from the employer.
3.7.
The player may not – without prior written permission from the club - play in
any ice hockey matches in which the club is not participating. The player must
keep in good physical shape, always meet well prepared and ready to make
every effort for the sport, conduct himself in a responsible manner, and
throughout the whole season perform in a way that meets the goals set forth
by the coach and management.
3.8.
The employer provides the player with equipment and clothing to be used in
training and for matches. Accounts of the delivered items can be requested at
any time. If the player terminates his engagement with the employer, he must
return the borrowed items. If the items are not returned, the player must
compensate the employer for any loss.
3.9.
If the employer provides the player with other clothing, the player must wear it
during transportation to and from matches, at press conferences, TV
interviews, etc.
3.10.
The player must never – even when no clothing has been provided for the
above events – wear clothing which can be identified as having been made by a
sportswear company other than the one with whom the employer has an
agreement.
4.
THE WEEKLY WORKING HOURS
4.1.
The working hours vary, depending upon the progress of training and
tournaments, which means that in some periods there will be considerable
extra work on weekends and evenings. Although a fixed weekly work time
cannot be expected, the work week will usually average 48 hours. The work
time in the course of a year will equal the average work time for a wage-earner
on the general labour market.
4.2.
As a natural part of this contract, summer training is offered to the player. The
training is planned by the coach hired by the employer. Summer training takes
about six hours per week, but in some periods it may be longer.
5.
THE OBLIGATIONS OF THE EMPLOYER
5.1.
The employer is obliged to demonstrate loyalty to the player.
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Danmarks Ishockey Union
Danish Ice Hockey Association
5.2.
The employer is obliged to provide free transportation for the player and
lodging for away games.
5.3.
The employer is obliged to give the player time off to participate in training
arrangements, international games, etc., to which the player has been chosen,
in accordance with the rules of IIHF (International Ice Hockey Federation).
5.4.
During the employment period, the employer will provide qualified helpers to
assist at the daily training and matches and advise about nutrition and
psychological matters.
6.
ILLNESS
6.1.
The employer’s obligations to the player continue to apply if the player is
injured in connection with his activities for the employer, however see
provisions below for exceptions to this rule.
6.2.
If the player is injured/ill, he must contact the employer’s office not later than
two working days after the onset of the illness and fill out a form for on-the-job
injury or sickness benefits. If he fails to do so, the employer has no obligation
to the player. Only legitimate absence, such as admission to a hospital,
exempts the player from this obligation.
6.3.
If the player engages in activities that have no connection with ice hockey, to
such a degree that he can no longer live up to his contractual obligations,
including playing on the first team, the employer’s obligations terminate. If the
player has a permanent injury/illness or injuries that he has kept silent about
but prevent him from performing as an ice hockey player, the contract becomes
void and the employer has no liability towards the player.
6.4.
In case of injury/illness that leads to the player not being able to honour the
contract, the employer retains the right to terminate the contract with two
months’ notice.
7.
INSURANCE
7.1.
The employer purchases and pays for compulsory industrial accident insurance
for the player. Personal insurance, eg. career insurance or standard accident
insurance, are purchased and
paid
for by
the player. The
player
is
recommended to seek advise at an insurance company or broker about
personal accident insurance.
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Danmarks Ishockey Union
Danish Ice Hockey Association
8.
PR AND ADVERTISING CONTRACTS
8.1.
The player shall make himself available for the employer, and appear in uniform
if needed for PR and advertising efforts, interviews and other marketing
activities.
8.2.
While employed, the player cannot enter independent sponsor agreements in
the capacity of ice hockey player, without permission from the employer.
8.3.
The employer may use the player’s picture and autograph to sell merchandise,
in marketing promotions and sales of sponsorships. The employer’s rights of
usage presume that the usage is reasonable and in accordance with ordinary
practice. The employer, however, must never let the player or the player’s
picture be used in a way that conflicts with the loyalty the player might be
obliged to show towards a main employer. When the player’s employment
ceases, the employer shall stop producing items with the player’s picture or
autograph, but need not stop sales of series items which promote the entire
team, if to do so would result in unreasonable expense.
9.
COMPENSATION, ETC.
9.1.
Fixed salary
The parties have agreed on a fixed yearly net salary of DKK ____________ to
be paid in ____ monthly installments of DKK ___________, at the latest on the
last weekday of the month.
9.2
Bonus, accommodation, car
Any agreements made between the employer and the player providing the
player with a bonus, furnished apartment and/or a car, are referred to Exhibit
1.
10.
HOLIDAYS
10.1.
The player’s entitlement to holiday allowance is indicated in Exhibit 1.
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Danmarks Ishockey Union
Danish Ice Hockey Association
11.
MISCONDUCT
11.1.
If the player fails to show up, without prior permission from the employer, the
player will be fined a sum which is the highest of the following amounts:

An amount equal to the transfer sum received by the player upon switching
to another ice hockey club during the employment period,

An amount equal to three months basic net pay, see article 9, though
minimum DKK 50,000.
11.2.
If the player breaches the agreement by either not commencing employment or
by wrongful resignation, he can be sanctioned by an injunction - without
security - if he starts playing for another ice hockey club in Denmark or abroad.
11.3.
If the player in the employment period does not fulfil this employment contract,
including the standard for behaviour which the employer can reasonably
expect, the employer can terminate the contract with two months’ notice. In
case of misconduct by the employer, for example failure to pay salary to the
player or not offering training as specified by this contract, the player can
terminate the contract with one month’s notice.
12.
THE LEGAL BASIS
12.1.
The employment terms agreed upon between the player and employer is
governed by this employment agreement plus Exhibit 1.
12.2.
The conditions of employment are not subject to the Salaried Employees Act or
collective agreements.
12.3.
The employer shall ensure that the player is licensed during the employment
period in accordance with the rules of the Danish Ice Hockey Association. A
player license for the elite team includes compulsory industrial injury insurance
for the player. The player license means that the player has the right to play for
the employer in the season for which the employment contract is valid.
12.4.
Transfer/change to another Danish club follows the rules of the Danish Ice
Hockey Association and IIHF. If the transfer takes place during the employment
period, the transfer and conditions must be agreed upon by the involved parties
– the player, the employer and [new club]. The player must be made aware of
the provisions of the Danish Ice Hockey Association laws on license and
transfer.
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Danmarks Ishockey Union
Danish Ice Hockey Association
12.5.
This contract is based upon the player fulfilling the demands of health/fitness
for a professional ice hockey player. These must be approved by the employer’s
doctors/physiotherapists. If the player does not meet the demands for
health/fitness, this contract is nullified. Furthermore, this contract and the
employer entering into the contract is subject to approval by the Danish Ice
Hockey Association.
-o0o, on
, on
The employer:
The player:
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Danmarks Ishockey Union
Danish Ice Hockey Association
E X H I B I T
1
A D D I T I O N A L T E R M S
E M P L O Y M E N T
O F
BONUS PAYMENTS (optional)
[Either:]
QUARTER-FINAL
Qualification for the semi-final for the Danish championship will result in payment of
DKK
SEMI-FINAL
If the semi-final series is won, the total payment is DKK
DANISH CHAMPIONSHIP
If the Danish championship is won, the total payment is DKK
[Or:]
BONUS MODEL
[
]
GENERAL BONUS TERMS
All bonus amounts are prior to tax. Holiday shall not be paid on the bonus.
The bonus will be paid only if the player has participated in at least 15 Danish
championship tournament games per season for the employer’s elite team in the league
and playoffs. Participation means that the player is listed in the official roster for the
game.
The bonus is paid at the end of the season together with the usual salary if conditions
agreed upon are met.
The bonus is not paid if the player has not fulfilled this employment agreement.
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Danmarks Ishockey Union
Danish Ice Hockey Association
BENEFITS (optional):
Accommodation
The employer will provide the player with a furnished apartment in
__________[city],
including cable TV, and will pay all accommodation expenses, including rent, electricity,
water etc.
Car
The employer will provide the player with a company car and will pay all expenses to
fuel etc. in connection with the player performing his duties under this contract.
-o0o-
, on
, on
The employer:
The player:
DIU/100312.v8
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