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BANSKÁ BYSTRICA – The military sports centers of Banska Bystrica, Paulina and Ivona Fialková, biathletes employers, are well worth their athletes and say: "The representation of RS can not be subordinated to the signing of any contract." This is stated in the opinion of Duke University. He also reacts to the public interest in sports in the Fialkov series, which was disputed with the Slovak Biathlon Federation (SZB). The decision of the SZB Disciplinary Board remains that the Fialka sisters were arrested for not signing the proposed contract and that they can not participate in the next 2018/2019 biathlon world championships in Pokljuka, Slovenia (2-9 December).
"According to the sport code, the VŠC takes athletes from the list of the most powerful athletes of the" sports performance. "The proposal to include a sports representative in a sports center is submitted by the sports association The sports center in the sense of the law only employs professional athletes, as amended by Article 4 (2) of the Sports Act, namely: a contract for the professional exercise of sport, if the performance of his activity satisfies the signs of dependent work, on the basis of an employment relationship or a similar employment relationship governed by a special regulation (Public Service of Soldiers Act, police service, note) in a sports center of the resort as a freelancer, " Dukla explains the basic concepts and facts associated with the status of the athlete.
The Dukla University of Banská Bystrica also analyzes the situation as a whole: Paulina and Ivona Fialková are professional sportspeople exercising sports activities as dependent work. In this case, the national sports federation had to choose – either to submit to the athletes a contract on the professional exercise of sport under article 32 and following. The law on sport, which must also include the use and valuation of the rights of the athlete, but the union is also obliged to pay the salary of the athlete, as well as to guarantee on his budget the athlete's continued preparation and participation in the competition, or the association may propose to include a professional athlete in the sport. a center heavily involved in the sports preparation costs of a representative who does not have to join a union.
VŠC athletes have a work contract in which they exercise sports activities as high level athletes. They are required to respect the sports training schedule and to participate in the races in accordance with the annual plan. In this case, the public interest is guaranteed by the VŠC and the union is not allowed to intervene in any way whatsoever.
SZB has provided a sports training schedule to the University of Education, which also includes new businesses at major events and must be attended by these representatives under the terms of the employment contract. These are his obligations under the employment contract.
VSC is currently preparing all of the biathlon athletes on the list of top teams. For the year 2018, it is the sisters Fialková, A. Kuzminová and M. Kazár. "On the scope of this list, we provide the preparation of other members of the biathlon representation.We employ 5 coaches and representatives in the field of physical training of physiotherapists.In addition, 7 athletes from the category of talented young people to whom sport participates are also followed.the budget supports biathlon in 2018 for an amount of about 370 000 €, " further written in the opinion of the Dukla University of Economics.
In the following part, the explanation of the expression "public interest in sport" is mainly related to the representation of Slovakia. The representation of the principal representative can not be submitted to the signature of the contract by the University of Economics. Representing the SR is a public interest, which is precisely expressed in § 2 of Law no. 440/2015 Coll. of the Sports Act: "The public interest in sport is to support and develop youth sport, to ensure the preparation and participation of the sports representation of the Slovak Republic in important competitions, to protect the integrity of sport and promote a healthy lifestyle for the population. "
The obligation to satisfy this public interest is also one of the conditions of admission to the sports federation of the National Sports Federation. "The RS representative does not become an athlete by signing the contract, but through his or her particular talent and by obtaining outstanding competitive results around the world." If the SR's representation requirement were to sign contracts, it could become the representative. of any person who accepts it, even without the required performance.When an athlete meets the performance criteria and is proposed by a sports organization as a member of a sports organization, it does not include the required performance. There is no need to conclude a special contract or to condition his participation in a major sporting event. " explains Dukla University Press in a press release.
On the other hand, at this time, the athlete is forced to enforce the obligations arising directly from the law, mainly with regard to the obligations of the sports organization regarding the use and the valuation of his personal rights, unless otherwise agreed. The other rights and obligations of a representative are, within the meaning of the Sports Act, to change the rules of a sports organization. These include changes in representation clothing, participation in events of joint representation, life, insurance, etc. However, a regulation of a sports organization can not include in its rules provisions contrary to the Constitution of the Slovak Republic, the law and the law on sport or provisions in violation of this regulation.
The representation of the Slovak Republic is a public interest and, to this end, on the proposal of the SZB, sportsmen were admitted to the University of Economics. The public interest applies in specific cases where the interest of the company applies to the private, it can also be in conflict with it. For the public interest, it is necessary to express expressly, which is expressed precisely in Article 2 of the Sports Act.
"In the public interest, the State, through the Ministry of Education, Science, Research and Sport of the Slovak Republic, finances representatives of representatives sports clubs on their behalf, provides funding to the National Sports Federation to fund participation in major events and also provides funding to sports centers from public sources to ensure the public interest in sport, but the State invests primarily in sports. athletes to meet the public interest, but if someone deliberately overturns that public interest, he or she must take responsibility for the destruction of that investment, so it is our duty to protect that public interest and to make it The public interest is what people would choose if they saw it clearly and rationally and acted carelessly and kindly, "he said. the conclusion of the opinion of the University of Dukla Banská Bystrica is stated.
- source:
- SITA
- Foto:
- SITA / Martin Medňanský
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