Salary debts in ecuadorian clubs and the protection of professional footballers

Abstract

This study aimed to analyze the employment status of professional footballers in Ecuador and evaluate the effectiveness of institutional mechanisms for salary protection against debts owed by sports clubs. The research was conducted using a qualitative, legal-analytical, and critical approach, employing a documentary-analytical design based on a review of constitutional, labor, and sports regulations, as well as specialized literature and regulations from national and international organizations. The results showed that professional footballers fulfill the constitutive elements of an employment relationship, such as subordination, personal service provision, and remuneration, thus confirming their status as dependent workers. However, a significant gap was identified between the legal recognition of their rights and their effective application, particularly regarding salary arrears. Furthermore, it was found that the coexistence of ordinary labor courts and sports courts generates tensions that limit access to effective judicial protection, favoring, in practice, private mechanisms that restrict the full exercise of labor rights. It is concluded that the problem of unpaid wages in Ecuadorian football is not due to a regulatory gap, but rather to structural and institutional deficiencies related to a lack of control, oversight, and effective enforcement of existing regulations. Consequently, it is necessary to strengthen sports governance and guarantee real mechanisms for labor protection.