PSAPP: “A player’s inalienable right to have children if she wants”

In detail, the announcement:

It seems more timely than ever to remind everyone involved in women’s football that every player, like every woman, has a right to control her own body.

It is an inalienable RIGHT of a female player to have children if she wants, but it is an OBLIGATION of the managers of the clubs and the EPO to operate based on FIFA regulations, which the Hellenic Federation has included in the Property and Transfer Regulations (article 20) since 2022 and the which protect female players in case of pregnancy.

This is why we ask the unions to remove from all private agreements the following unacceptable and sexist paragraph, in which the AGREEMENT IS AUTOMATICALLY CANCELED WITHOUT COMPENSATION in case of pregnancy.

We ask the EPO, as well as the newly formed Association of Women’s Football Clubs, to take up their responsibilities and do what is necessary to ensure the removal of the above paragraph from all private agreements as well as to correct and clarify article 20 of KIM

To help understanding and speed up the procedures here is the translation of the special provisions concerning female players (FIFA RSTP -18 quarter ) which imposes sanctions on the clubs and compensation to the player.

18 quarter – Special provisions concerning female players (FIFA RSTP)

1. The validity of a contract cannot depend on the fact that a player is or will become pregnant during her term, is on maternity leave or uses rights related to maternity in general.

2. If a club unilaterally terminates a contract on the grounds that a player is or becomes pregnant, is on maternity leave, or is using rights related to maternity in general, the club will be deemed to have terminated the contract without reason.

a) It is presumed, unless the contrary is proven, that the unilateral termination of a contract by a club during pregnancy or maternity leave occurred as a result of the existence or pregnancy of a player.

3. In case of termination of the contract on the grounds that a player is or becomes pregnant, as an exception to article 17 paragraph 1:

a) the compensation due to a player will be calculated as follows:

i. In case the player has not signed any new contract after the expiry of her previous contract, as a general rule, the compensation will be equal to the remaining value of the contract that was terminated early.

ii. In the event that the player has signed a new contract by the time of the decision, the value of the new contract for the period corresponding to the time remaining in the prematurely terminated contract is deducted from the value of the remainder of the prematurely terminated contract.

iii. In both cases described above, the player will be entitled to additional compensation corresponding to six months’ wages of the early termination of the contract

iv. Collective agreements validly negotiated by representatives of employers and employees at national level in accordance with national law may deviate from the principles set out above. The terms of such agreement shall prevail,

b) in addition to the obligation to pay compensation, sporting sanctions will be imposed on any club found to have unilaterally terminated a contract on the grounds that a player is or becomes pregnant, is on maternity leave or is exercising rights related to maternity in general.

The club will be prohibited from registering new female players either nationally or internationally for two full and consecutive registration periods. The club will only be able to register new female players, either nationally or internationally, from the next registration period after the full term of the relevant sports sanction.

In particular, it cannot make use of the exception and provisional measures set out in Article 6(1).

a) of this regulation for the registration of an earlier stage.

c) the sanction provided for in b) above can be imposed cumulatively with a fine.

4. When a player becomes pregnant, she has the right, during her contract, to:

a) continue to provide sporting services to her club (ie playing and training) after confirmation by her attending physician and an independent medical professional (selected by consent between the player and her club) that it is safe to do so does. In such cases, her club has an obligation to respect the decision and formalize a plan to continue her sporting participation in a safe manner, prioritizing her and the unborn child’s health.

b) provides employment services to her club in an alternative manner if her attending physician determines that it is unsafe for her to continue to provide sports services or if she chooses not to exercise her right to continue to provide sports services. In such cases, her club has an obligation to respect the decision and work with the player to formalize a plan for her alternative employment. The player will be entitled to receive her full pay until the moment she uses her maternity leave.

c) determines independently, the starting date of the maternity leave, taking into account the minimum prescribed periods (see Definitions). Any club that pressures or forces a player to take maternity leave at a certain time will be punished by the FIFA Disciplinary Committee.

d) return to football activity after completing her maternity leave, upon confirmation by her attending physician and an independent medical professional (selected by agreement between the player and her club) that it is safe to do so. In such cases, her club has an obligation to respect the decision, reintegrate her into football activity (see Article 6(1b)) and provide adequate ongoing medical support. The player will be entitled to receive her full remuneration upon her return to football activity.

5. A female player will be provided with the opportunity to nurse the infant and/or express breast milk while providing athletic services to her club. Clubs shall provide appropriate facilities in accordance with the applicable national legislation in the country of residence of a club or a collective labor agreement.