The contract section of the survey revealed important gender differences
and general contract problems.
Gender Differences
Males tended to be hired as employees of organizations,
while females tended to be hired as independent contractors.
When females were hired as contractors, they were paid honoraria,
while male contractors were salaried.
Almost twice as many males as females had specified review
periods built into their contracts.
Twice as many males as females had termination clauses
where grounds for termination were clearly outlined.
Four times as many females as males had expectations for
record-keeping outlined in their contracts.
Twice as many males as females had contracts that outlined
benefits packages.
Males had typically negotiated for vacation clauses, while
females had not.
General Contract Problems
Contract length. One-third of the sample had to renegotiate
their contracts annually.
Probationary periods. Two-thirds had contracts that did
not include probationary periods.
Evaluation/performance appraisals. Evaluation procedures
were not clearly outlined, or procedures were outlined and
not done.
Cure periods. No coach had negotiated a cure period for
a breach of contract.
Severance. No coach had negotiated a severance package
in the case of early termination.
Confidentiality/non-disclosure. Less than 50% of the coaches
had non-disclosure agreements in their contracts.
Mediation/arbitration. More than 80% of the coaches did
not have clearly defined mediation procedures included in
their contracts.
Clearly, a lot of work needs to be done in the area of developing solid
contracts for high performance coaches in Canada. We all have responsibilities
as coaches to ensure that we are being treated as professionals. We
do no favours for ourselves, or the people following us, by not paying
attention to details when negotiating contracts. The contract problems
we have discussed indicate that not enough attention has been paid to
this area. Are there risks in this approach? Certainly, coaching at
the high performance level appears to lack professionalism. If the top
coaches are not treated as professionals, what is happening to coaches
at different phases in our athlete development model such as club coaches
and developmental coaches? What message does it send to younger individuals
who may consider coaching as a potential career path? We must be better
advocates of coaching agreements and contracts. Although the message
of this article is directed toward coaches, there is also a strong message
for government agencies involved in sport, provincial and national sport
organizations, coach advocacy agencies, and other employers of coaches.
Each has a unique role to play in the professionalization of coaching.
Coaches with solid contracts, working in agencies with positive, well-constructed
policies that help to improve their working conditions, are more likely
to have positive work-life balances. These coaches, in turn, have enhanced
possibilities of being successful and creating win-win situations for
employers, employees, and the athletes they are serving.
How to Get the Contract
You Deserve
The following points were presented by Heather Barnett to the participants
of the 2003 national women coaches retreat. These areas should be
considered in negotiation meetings before the signing of any agreement:
If there is a specified term for the contract, consider the inclusion
of an automatic renewal clause.
In the area of remuneration, consider the addition of a bonus
clause and something pertaining to overtime.
Know a great deal about the job description before entering into
a contract. This knowledge is the only way that the coach can be
certain that the proposed remuneration is appropriate. The job description
should include specific guidelines on hours, overtime, and travel.
Pay close attention to the area of termination, watching especially
for terms such as "grave misconduct". A code of conduct
more clearly defining this area can be attached to the contract.
A good example is Alpine Canada Alpin, which has developed a list
of behaviours it considers to be "grave misconduct". This
list is attached to all employee contracts.
Strongly consider the addition of a cure period.
Have a sound knowledge of the budget, expenses, and related policies.
This knowledge will enable you to determine if you have adequate
resources to meet the expectations of the job.
Have a clear understanding of whom you report to - an individual
or a committee - and how decisions are made within the organization.
Be aware of the level of control or discretion you have over
the athletes and of the current discipline policies that are in
place.
Have full knowledge of the benefits package being offered, and
negotiate for benefits in cases where associations are not considering
offering benefits.
Make sure that workers' compensation, insurance liability, and
an indemnity clause are included in the contract.
Be proactive. Do not wait for your employer to come to you. Let them
know what you expect to see outlined in the agreement. Really know
the job description. Be aware of your bargaining power (What is your
relative bargaining position? Are you in a strong position? A weak
position?). Be aware of when you have to back down. To increase your
awareness in these areas, enter into negotiations having already defined
to yourself what your bottom line is; you will then know when to walk
away. Listen to what the employer has to say and take time to think
about it. Confirm negotiations in writing as they proceed. If coming
off a successful season, raise your expectations for remuneration.
Talk about your successes during the negotiation meeting.
Clearly, we are developing greater insight and knowledge about employment
contracts for coaches. Nonetheless, it is very apparent that coaches
need to develop stronger negotiation skills to ensure that key clauses
are included in contracts to enhance their employment situation. Coaches
need to realize their unique worth and become greater advocates on
their own behalf. Williams (1993) "Getting
Past No: Negotiating Your Way from Confrontation to Cooperation"
is an excellent resource on negotiating strategies.
The Women in Coaching Program
Coaching Association of Canada
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Ottawa, Ontario
Canada
K1P 5J3
Phone: 613-235-5000
Fax: 613-235-9500
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