Law on Sports Professions

16 August, 2019
In order to properly regulate professionals in sports disciplines, the law on sports profession covers different gaps in regulation. What is this legislation?
 

Referees, technical directors, and coaches aren’t just fans of their disciplines. These sports activities must be regulated by law in Spain, as in many other countries. Recently, the Community of Madrid presented its Law on Sports Professions. Up next, we’ll explain it to you in detail.

This modification was published on March 6, 2019. In its initial draft, the difficulty of addressing this branch of law was included in the subject. Another obstacle was the Organic Law Of Sport, published in 1990, it’s become obsolete for many.

It’s important to take into account the foundation of this legal instrument in Madrid. The reason: the European Qualifications Framework. According to the Madrid authorities, everyone should heed the constitutional foundations. Alongside the Spanish Qualifications Framework for Higher Education.

What professions are regulated by this law?

Basically, there are five professions under regulation based on the Law on Sports Professions. We are referring to monitors, trainers, physical trainers, sports directors, and physical education teachers.

This law establishes the responsibilities and functions of each of these professions separately. The third title addresses each one of their degrees. They also expose the sanctioning regime and some other protocols inherent to these tasks.

Requirements for performing sports activities

In principle, sports professionals mentioned in the law must substantiate their official degree. All those who have diplomas, certificates, or titles will also carry out their duties, provided they are recognized professionally. These should be equivalent according to the relevant legislation.

 
Sports professionals mentioned in the law must substantiate their official degree.

Sports professionals who want to practice in Madrid must notify the General Directorate in charge of sports. Those who have previously worked in such professions in other communities may do so without requiring additional procedures.

Up next, Title III in Chapter I establishes all valid degrees according to each profession and situation. For example, we can see the requirements of a monitor if you work with physical conditioning or, conversely, as a recreational activity. This is the case with each of the five sports professions.

In addition, the law includes the non-formal and alternative learning processes of these professions. People who learn from experience may also receive recognition through partial accreditation.

Approved processes will be the same ones that appear in the Royal Decree No. 1224/2009. However, some points will need clarification in the regulations of this Law on sports professions.

Other regulations regarding the provision of services

People can also carry out sports activities through professional societies, although with some limitations. The need to subscribe to civil liability insurance is also established. This will facilitate payment for compensation, although the minimum amounts will be set in the regulations.

 

An innovative aspect of this legislation has to do with the advertising of sports services. It must be objective, prudent, and truthful. They can’t encourage practices that are detrimental to the health and integrity of users.

Additionally, they can’t offer services or products to sell as the property of the professional to treat diseases. Moreover, gym owners and related institutions will be responsible for giving clear information about each professional.

The law on sports professions establishes sanctions

The law on sports professions classifies infractions as “very serious”, “serious”, and “minor”. Each of these typologies has sanctions of varying intensity:

  • Very serious infraction: basically, it’s the professional breach that causes harm to the health or physical integrity of the contractor or third parties. Breach of liability insurance also falls into this group. The penalty ranges from temporary professional disqualification for over a year and fines between 3,400 to 34,000 dollars.
Infractions can be "very serious", "serious", and "minor".

  • Serious infractions: offering a service without the respective degree is a serious offense. The hiring of unskilled employees as sports professionals also falls into this category. Ads that fail to comply with the provisions of the law are also subject to penalization. The penalties include fines between 1,100 to 3,400 dollars and disqualifications that can last up to one year.
 
  • Minor infractions: offering professional sports services without having the correct qualification is a light infraction, as long as it doesn’t endanger the life of the consumers. If the damage done to the recipient’s health and physical integrity isn’t serious, it can also fall into this category. The sanctions imply fines that don’t exceed 1,100 dollars and reprimands.

In conclusion, it’s appropriate to point out that Madrid is just an example of regulatory developments within the rest of the Spanish Autonomous Communities. Over time, the law regarding sports professions will extend to different sports disciplines.

 
  • Legislación reconocimiento de las competencias profesionales adquiridas por experiencia laboral. Extraído de: https://www.boe.es/buscar/pdf/2009/BOE-A-2009-13781-consolidado.pdf
  • Gobierno de España. Marco europeo de cualificaciones. Extraído de: https://www.mapa.gob.es/es/desarrollo-rural/formacion/Resumen%20cualificaciones_Mar%C3%ADaVara_ENPC_tcm30-137469.pdf