CPA News: September - October
Professional Cyclists Association News: Riders as independent Contractors, Call on bank guarantees, Payment of wages and bonuses, Homage to Frank Vandenbroucke

Cyclistes Professionnels Associés

Self- Employed Contract
Several riders asked us to give them some more information about their fiscal obligations in case they sign a self-employed contract (independent contractor). The CPA reminds them that generally the national laws  consider that all the so-called employer’s contributions as well as all the social security ones must be paid by the rider. As  a consequence they have to pay them in the country where they have their residence. Before they sign a self-employed contract,  the CPA advises the riders to ask the competent authorities of their country of residence for further information about the various legal obligations they will have to comply with.

Advices to the ProTour Riders 
When they sign a contract with a ProTour team, the CPA advises the riders to ask their team manager to write down in the  contract when the ProTour license granted by the UCI Licenses Commission expires. Doing so the riders will sign with full knowledge of the situation. That will avoid possible misunderstandings in the future.

Call Upon the Bank Guarantee of Team 
Like every year the CPA reminds the riders which, after claiming them to the persons in charge of their respective teams, would not have received on January 15, 2010: wages, race prizes, traveling expenses, rights of image, victory bonuses or any other emolument related to the year 2009, that they must set up a file to call upon the bank guarantee of their team to recover their money. This file will be transmitted to the legal department of the UCI for preliminary investigation. If it is the rider’s wish, the CPA can help him in his action.

The prescribed time to present the files expires on March the 1st, 2010. Moreover, we regularly observe that some riders wait several months before telling us  they did not receive their wages. We really advise them not to hesitate to contact the CPA or their NA to start the procedure if their wages and other emoluments were not paid. The UCI regulation and the Joint Agreement say that the riders must be paid at the latest on the last working day of each month.

Indeed, in the event of failure of a team and owing to the fact that the bank guarantee covers only 3 months of the wage bill plus the social contributions and some other financial obligations unpaid by the person in charge of the team, it could prove to be insufficient if the total debt exceeds the amount of the debts which have been accumulated.

Payment of Wages, Bonuses & Prizes
Reminder of the Joint Agreement CPA / AIGCP. (on 1-07-2009).Art. 11
The fixed remuneration shall be paid in cash, in the currency stipulated in the contract. The payment must be made by transfer on the rider’s bank account as indicated in the contract. Only the proof of the execution of the bank transfer shall be accepted as proof of payment.

The fixed remuneration shall be paid to the rider in equal monthly payments, remitted at the latest on the last working day of each month. In the event of late payment of his remuneration or any benefit due, the rider has the automatic right without any formality, to the following increases and interests:

1) For a delay of 11 to 30 days: an additional 5% of the sum due
2) An additional 10% of the sum for each subsequent month of part month of delay
3) From the beginning of the sixth month, interest chargeable at 2% per month the sum due including any additional sums.

In the following cases, the additional sums shall not be due and the interest for late payment shall be reduced to 8% per year from the due date:

- if the riders has not claimed the overdue after that delay before the competent body or call upon the bank guarantee no later than 3 months from the due date;
- if the competent body or the UCI ProTour Council should the competent body fail to rule, determines that the non-payment is the result of a serious dispute.

Article 14: All bonuses, compensation, prizes or other benefits in cash or in kind shall be over and above the fixed salary and shall not be imputed on said salary nor taken into consideration for its calculation.

Article 15: A detailed pay slip shall be remitted to the rider at the time of each payment.

Sadness
The CPA and its President Cedric Vasseur pay homage to cycling champion Frank Vandenbroucke and present their most sincere condolences to his family and friends.

~~~O~~~

About the CPA - The main objective which the CPA set itself is the defense and the improvement of riders' status 
- to be involved, in the same capacity as the AIOCC and AIGCP, in works and decisions taken by the UCI
- to have permanent representatives in the main UCI commissions and on the UCI ProTour Council (CUPT)
- to co-ordinate all actions of national associations and act as an intermediary in the event of problems which go beyond national boundaries
- to divulge a better image of riders in the fight against doping. For several years, 2% of all prize money is given as a contribution from riders against the fight against doping. It is important to know that this situation does not exist in any other sport
- to establish a reliable working relationship between riders and their employers and fix minimum salaries as well as social cover relating to the risks of their job
- to improve riders' relationships with all other parties involved in professional cycling
- to maintain rider's rights with other bodies, when carrying out their profession
More information on the the Professional Cyclists Association can be found on the associations website.

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