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On the 28th of January 2020, a collective agreement was signed between SAREO (South African Employers' Organisation) and SARPA (South African Rugby Players' Association) which completely changed the way contracting with "Development Players" (u/21) are regulated. The term of this agreement is for 01/01/2020 until 31/12/2023.
The collective agreement is available on the SARU website which includes most of the conditions of basic employment and then some ....
Listen to our discussion and personal views regarding the contracting option available to school leavers. It is important to listen to the end as some sound advice is given.
The most worrying is paragraph 13 of the collective agreement which handle the "Extending Contracting Periods In Order To Retain Player".
13. EXTENDING CONTRACTING PERIODS III ORDER TO RETAIN PLAYER
13.1 This clause has the purpose of extending the tenure of Players within South African Rugby Competitions after the exposure provided for them by Franchises on the platforms provided by such Competitions. For purposes of this clause, and despite anything to the contrary in this Agreement, “Player" shall mean a Player who -
13.1.1 is younger than 27 years of age;
13.1.2 is contracted by a Province for the first time on or after 1 November 2019; and
13.1.3 is being contracted by a Franchise as a Professional Player or a Development Player.
13.2 A Player who is contracted by a Franchise for a period of less than three years shall, subject to Clause 13.3, be deemed to have awarded an option in favour of all the Franchises to contract the Player for a period of three years, which includes the initial period.
13.3 If the Player contemplated in clause 13.2 is selected as a Member of the Springbok Squad during the tenure of his Player Contract with the franchise, or any extension thereof contemplated in clause 13.2, then the three-year period contemplated in Clause 13.2 is replaced by a four-year period.
13.4 The exercise by the Franchise of the options contemplated in this Clause 13 —
13.4.1 may be made by the Franchise to which the Player is contracted at the time that the offer is made, or by any other franchise (subject to Clause 13.5 below);
13.4.2 must be made by such Franchise not later than 8 (months) months prior to the expiry of the Player's existing contract and in this regard, it is specifically recorded that no Player shall be obliged to accept any offer of a contract from a Franchise beyond this date; and
13.4.3 must be on terms wholly not less favourable to the Player than those governing his employment immediately prior to such right of renewal being exercised or such offer being made.
13.5 In the circumstances contemplated in Clause 13.4.1, the Player shall be free to choose which offer to accept, that is, the offer made by the Franchise to which he is contracted, or by another Franchise° provided that nothing in this clause shall be deemed to limit the rights of a Province to whom a Player has expressly granted an option or right of first refusal in his Player Contract.