THE VALIDITY OF A SPORTS CONTRACT WITH A CHILD UNDER 16 YEARS OF AGE AND THE LACK OF LABOR INSPECTOR’S PERMISSION (ARTICLE 3045 OF THE POLISH LABOR CODE)

<ns3:p>According to Article 3045 of the Polish Labor Code, it is mandatory to obtain permission from the appropriate labor inspector when entering into a remunerative sports contract with a child under 16 years of age. Sports clubs, as entities engaged in sports activities, are responsible for applying for permission for the child to perform work or other remunerative activities that are the subject of the contract. Failure to meet this requirement – namely, the absence of such permission – renders the sports contract absolutely null and void. Subsequent convalidation of the contract, even when the child reaches the age of sixteen or adulthood, is not possible. No regulations issued by authorized bodies of sports federations or associations empowered to create parts of sports law can override the requirement to obtain labor inspector approval. While these organizations may autonomously establish their own rules, such rules cannot diminish the level of protection afforded to the child under Article 3045 of the Polish Labor Code.</ns3:p>