Guide on the Application of Trials under Article 19ter of the FIFA Regulations on the Status and Transfer of Players
Trials, an important practice for both players and clubs, play a visible role in football. For young players in particular, trials are an opportunity to showcase their abilities and secure a place in professional football, while for clubs they offer a chance to assess talented players who may benefit their teams without taking on significant financial obligations. Behind all these benefits, however, lie exploitation and abuse of trials. The fact that clubs are not required to provide players with any guarantees during a trial, and that trials are not regarded as employment either under sports law or under traditional labour law, leaves room for clubs wishing to abuse this opportunity. In the proceedings opened by FIFA against Chelsea FC in 2018, in which the club received a two-window transfer ban and a fine, it emerged that the English club had kept more than 100 players under the age of 18 in its squad without providing any guarantees or remuneration, and that these players had no means of asserting their rights. Considering that such serious violations occurred at the very top level of football, it is thought that even greater, undisclosed violations may exist at lower levels.
It has been observed that players under the age of 18 brought to Europe for commercial motives, particularly from economically disadvantaged regions of the world such as Africa and South America, are subjected to trials without any guarantees and, after the trials, are practically left to their fate thousands of kilometres away from home. Unlike players bound to clubs by contract, players on trial take part in club activities without being registered, and they generally travel between countries on tourist visas rather than traceable visas such as work or athlete visas. At this point, it is possible to say that players on trial are unregistered. It is clear that trials, which intersect with human trafficking and child abuse, must be recorded and monitored. FIFA had previously introduced rules on the transfer of players under the age of 18, in consultation with the European Union, in order to prevent human trafficking and child abuse. For the same purpose, in order to prevent harm arising from trials, to provide guarantees to players and to make processes traceable, FIFA regulated trials by adding Article 19ter to the October 2022 edition of the Regulations on the Status and Transfer of Players (RSTP). Thanks to these provisions, trials with an international dimension now have a legal framework.
A trial is defined in the definitions section of the FIFA RSTP as follows: a temporary period during which a player is not registered with a club but is assessed by that club. In light of this definition, it can be said that the trial period does not create an employment relationship between the club and the player and does not confer professional status. A trial can be described as a temporary and short period during which a club assesses a player’s abilities, personality and strengths.
In the disciplinary proceedings reportedly conducted in relation to the trial practices of Real Madrid, Barcelona, Chelsea and Manchester City in particular, it was observed that players were kept on trial for indefinite periods, and that clubs kept trial periods open-ended in order to avoid entering into a permanent contractual relationship and the obligations of an employment relationship.
The maximum duration of a trial has also been regulated in order to prevent uncertainty and the potential abuse of trials. FIFA has taken the age of 21 as the reference point and established different rules for players below and above this age: players under 21 may participate in trials with a club for a maximum of 8 weeks within a season, whereas players over 21 may participate in trials with a club for a maximum of 3 weeks within a season. This period may be split, and the club and player decide how it will be used; the rule merely sets the maximum trial period a player may spend with a club in a season. Granting players under 21 a longer trial period aims to increase the employment prospects of young players, who find it harder to obtain playing time at professional level, and may be regarded as positive discrimination.
The second age-related criterion concerns minors under the age of 18. For players under 18, the ages of 15 and 16 are decisive. As a rule, for a player to participate in an international trial, the player must be at least in the season of their 16th birthday. However, where both the player’s permanent residence and the club organising the trial are located in Europe, a minor may participate in a trial in the season of their 15th birthday. The notion of Europe requires explanation. The rule simply refers to Europe without further clarification; however, it should be considered that, in FIFA’s view, Europe is understood as UEFA membership. Accordingly, it is our view that countries which are members of UEFA but are not geographically located on the European continent, such as Kazakhstan, Israel or Azerbaijan, may also benefit from the exception.
Under the FIFA rules, players and clubs will record the trial process with FIFA by means of a form submitted through the TMS system. FIFA has prohibited the payment, offer or request of remuneration in connection with trials. However, so that players on trial can maintain a standard of living befitting human dignity, it has been made mandatory to specify in the Trial Form to be submitted to FIFA certain payments that may be made. The payment items that must be notified to FIFA are as follows:
- Accommodation
- Travel
- Meals
- Daily expenses
Any agreement on these four items must be notified to FIFA via the TMS system using a form signed by the parties. The notification must be made at least 10 days before the player starts the trial; unsigned and incomplete forms will not be accepted by the TMS system. The information entered into TMS and the identity details attached to the form must be accurate and consistent. For professional players who are currently registered with a club to go on trial with another club, the written authorisation of the club with which the player is registered must also be uploaded to TMS together with the Trial Form.
During the trial, players will not be registered with the club conducting the trial and therefore may not take part in official matches. It is therefore important to determine in which matches players on trial may participate. Players on trial may only take part in friendly matches that fall within the trial period notified to FIFA via TMS and that are not part of official football competitions. The relevant article uses the wording “any activity that does not fall within the scope of organised football”. FIFA defines “organised football” as football activities organised by FIFA, the confederations and the associations, or by organisations authorised by them. Accordingly, “organised football” covers not only league matches but also cups, super cups and any other competition organised by the bodies listed above; depending on the organiser, this definition may even include friendly matches. In light of all this, it should be said that players on trial cannot take part in any matches other than friendlies organised by bodies that are not organisers of organised football.
Since solidarity contributions and training compensation are essentially based on the player’s registration, clubs that take players on trial will not become entitled to such compensation. Even where a professional player under contract with a club joins another club on trial, the time spent on trial at the other club will not be taken into account in calculating the training compensation and solidarity contributions of the player’s own club; the calculation will be made as if the player had remained with their own club. This is a consequence of compensation being tied to registration. It is also beneficial in terms of balancing the legal interests of the parties. Clubs have very limited responsibilities towards players on trial, and most obligations of a permanent employment relationship do not exist during a trial. Ultimately, a trial does not constitute an employment relationship; during this period, the player’s abilities and suitability for the club are assessed. Where the player is under contract with a club, the club’s express consent must be obtained and uploaded to TMS for the player to participate in a trial.
With regard to treatment costs where players suffer injuries or health problems during activities organised by the club in the trial period, FIFA has provided that clubs must cover all treatment costs. What should be understood here, however, is that clubs will cover treatment costs for injuries or health problems arising as a direct result of trial activities. Costs for the treatment of injuries or health problems that arise during the trial period but for reasons unrelated to football are not the responsibility of the club conducting the trial.
Where a player under the age of 18 is taken on trial, the clubs concerned have certain specifically regulated obligations; some of these are administrative obligations, while others relate to the minimum standards to be provided to the player.
The first administrative obligation is to obtain written authorisation from the player’s parents expressly consenting to the player’s participation in the trial, and to upload this document to TMS. In drafting the rule, FIFA used the word “parents”. It may be thought that this wording excludes players who have lost one or both parents, who are under guardianship or who have been adopted; however, it is considered that FIFA does not engage in an in-depth family law debate and regards persons who assume the parental function in accordance with the law applicable to the player as falling within this concept. FIFA appears to act in this way in practice on other matters requiring parental consent.
Where a minor amateur player to be taken on trial is under 16 and is registered with a club, a signed declaration confirming that the player’s club has been informed must be uploaded to TMS. In this case, FIFA requires that the club be informed rather than its consent.
As regards the total number of trials that players under 18 may attend, FIFA, unlike for adult players, has also regulated the total number of trials minors may participate in. In addition to being subject to the trial duration limits, minors may participate in a maximum of 2 trials per calendar year.
The first standard the club must provide to the player is the appointment of a club employee as the player’s contact person. The club employee appointed for the player must be specified with full identity and contact details in the form uploaded to TMS. In addition, clubs must provide minors taken on trial with appropriate accommodation, cover their daily expenses (transport, meals, hygiene, etc.) and maintain their living standards. For the protection of players under 18, these provisions have been framed so that whether or not they are provided is not open to negotiation.
One of FIFA’s provisions on this subject concerns collective bargaining agreements, which are not applied in this field in our country. Collective bargaining agreements duly concluded may deviate from the standards set by FIFA for players’ trials or introduce additional obligations. However, the deviation referred to in the rule must be interpreted in favour of the player; it is not possible to go below the minimum standards set out in the FIFA rules by way of a collective bargaining agreement, and such provisions will not be taken into account by FIFA. For example, the minimum age for trials cannot be lowered to 13 by a collective bargaining agreement. In such a case, FIFA will not approve the start of the trial in TMS.
FIFA has also regulated the consequences of failing to comply with the above provisions. Where a player or club fails to comply, in whole or in part, with the obligations set out above, the club or player concerned will be tried as a party before the FIFA Disciplinary Committee under the FIFA Disciplinary Code, and the party whose rights have been directly harmed will have the right to participate in the proceedings as a party. However, the FIFA Disciplinary Committee will not pursue potential breaches of this rule ex officio; it will act upon a written application by the parties.