Excluded from team training: pay and evidence during the contract

A club may exclude a player from team training even though the player contract continues. The immediate questions are whether pay continues, how the player can show readiness to perform and whether the measure is only a sporting decision or affects contractual rights.

Being left out of a match squad is not the same as being excluded from team training. The instruction, its reason, its duration, the established contract practice and the player’s ability to offer performance all matter.

A coach may decide which player is included in a match squad. That sporting selection does not by itself show that the club refuses to accept the player’s work. The situation may be different if the player is permanently barred from team training, denied access to agreed facilities or expressly excluded from all performance of duties.

The heading used for the measure is not decisive. Check whether the player is expected at training, whether individual sessions are offered, whether medical support remains available and whether the club gave a specific instruction. A short measure can also become significant through its duration and practical effect.

The contract provides the next context. It may regulate training duties, care, selection conditions, conduct and points of contact. A general sporting discretion does not automatically replace every contractual duty of the club.

Section 1155(1) ABGB links the remuneration claim to readiness to perform and prevention by circumstances within the employer’s sphere. For a player, this means that willingness to work should be visible and provable. A unilateral training exclusion therefore does not answer the pay question automatically.

The review combines the agreed duties, the contract, the club instruction and the actual possibility of performing. Section 1155 ABGB also addresses saved expenses and income earned elsewhere or deliberately not earned elsewhere. This is not an automatic reduction. The facts and the legal classification must be examined together.

A pay statement should not be viewed in isolation. Compare base pay, benefits in kind, bonuses, deductions and the exclusion period with the contract and amendments. The specialist page on contract and remuneration provides further orientation.

A player who is excluded from training should record readiness in a calm and practical way. A clear message, documented attendance at the agreed place, a request for a specific training opportunity or a written question about the next instruction can help. The wording should match the contract and the actual circumstances.

Avoid contradictory signals. A player who offers performance but then stays away without explanation makes the later reconstruction harder. At the same time, a player should not enter a restricted area against instructions. The communication should show that performance is offered and that the club must organise the next step.

The club should also communicate an exclusion clearly. Duration, reason, contact person, alternative training, medical support and pay arrangements should not be left to contradictory messages. A traceable record protects both sides from later misunderstandings.

If the absence is based on sickness or injury, the assessment changes. For employees, section 8 AngG contains rules on continued remuneration during incapacity caused by sickness or accident. This is distinct from an exclusion imposed by the club without an incapacity preventing work.

Both situations can occur at the same time. A player may report sick and also receive an instruction not to attend team training. Incapacity, medical proof, the club instruction and the permitted flow of information should then be recorded separately.

Health data should not be circulated casually in team chats or public statements. For an initial legal review, it is often enough to establish that an incapacity exists and the period covered by the proof. Medical details should go only to the appropriate recipient.

Keep the signed player contract and all amendments. Add the exclusion instruction, messages with coaches or officials, training plans, access records, attendance records, medical certificates, pay statements and payment evidence. A calendar showing date, time, place, contact person and instruction can make the sequence clear.

The timeline matters. When was the exclusion announced? Was a reason given? Did the player offer performance? What did the club answer? Was alternative training or medical support available? Was pay continued? A short chronology answers these questions better than isolated screenshots.

For questions about ending the contract or an alleged breach, the termination and dispute resolution page is a useful next step. The tools and checks area can help organise documents for a consultation.

Recording only the match selection: A squad list does not show whether access to training was prohibited. Keep training plans, instructions and alternatives separately.

Assuming pay ended immediately: An exclusion does not automatically end the player contract. The contract, readiness and reason for prevention must be reviewed first.

Offering performance only verbally: A calm message with a date and reference to the instruction creates a better trail than a later memory alone.

Mixing sickness with the club instruction: Incapacity and a unilateral training exclusion may raise different legal questions. Describe both separately.

Escalating publicly: Public allegations do not replace an organised contract review. Secure the documents first and align further communication with the intended outcome.

Must the club continue paying during a training exclusion?
There is no answer without the contract and facts. Section 1155 ABGB may be relevant where the player was ready to perform but was prevented by circumstances within the club’s sphere. The pay records and possible set-off issues require review.

Is non-selection already a breach of contract?
Sporting selection is different from exclusion from training or from agreed services. The actual measure and the contract determine whether a contractual question arises.

How should a player show readiness to perform?
A calm written statement, a traceable offer to perform and an organised record of instructions can help. Unauthorised action or public allegations can create additional risks.

What applies when the exclusion is based on injury?
Incapacity and continued remuneration must be assessed separately. For employees, section 8 AngG may be relevant. Medical records should be shared confidentially and only as needed.

Can exclusion automatically terminate the player contract?
No. A training exclusion does not automatically end the contract. Termination, withdrawal or an agreed ending require a separate review of the clauses and the alleged breach.

Start with the contract, amendments, exclusion instruction and pay records. Record whether the player remained ready to train, what the club answered and what restriction actually occurred. Keep sporting non-selection separate from access to training.

The pay question can then be assessed under section 1155 ABGB and, in sickness or accident cases, under the relevant continued-pay rules. The decisive material is not a single label but the contract, the conduct of both sides and a provable timeline.

Contact the firm
If you want a training exclusion, unpaid remuneration or communication with the club reviewed, provide the contract, amendments and a short chronology. Mag. Bernhard Brandauer, Rechtsanwalt, will clarify the next sensible steps with you.