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Law
Football contracts
allowed on the basis that certain obligations are met. One of the key obligations to highlight is that the club shall guarantee the player an academic and/or school and/or vocational education and/or training. This in turn adds a sense of security to the player should he or she wish to pursue a career other than football.
Unilateral Termination of contract – ‘just cause’ Article 13 of the FIFA Regulations on the Status and Transfer of Players (RSTP) stipulates that, generally, a football contract cannot be unilaterally terminated by any of the parties. In essence, the contract can only be terminated when (i) the contract expires, or (ii) when both parties mutually agree. There is, however, one exception in which either the club or the player may unilaterally terminate a contract without penalties imposed, the term widely known as ‘just cause’. For example FIFA in their regulations stipulate than an established professional who has, in the course of the season, appeared in fewer than ten per cent of the official matches in which his club has been involved may terminate his contract prematurely on the ground of sporting just cause. Due consideration shall be given to the player’s circumstances in the appraisal of such cases. The existence of sporting just cause shall be stablished on a case-by-case basis.
Conclusion
This article is intended as a brief overview of some of the key parts of a football contract. There are many other issues such as tax, image rights, bonus targets which affect a footballers working and contractual position, so it is highly recommended that football players seek professional advice before signing their contract.
By Steven Caetano, Partner, assisted by Paul Morello, Isolas LLP
Improved economic conditions and the growth of finances in football have led to stakeholders, regulators and academics to impose and consider the regulation of football as a business. Naturally in a business, employees form part of a structural pyramid and this is no different to the structure of a football club with its players, coaches and all other staff involved with the day to day running of the club.
In turn, a web of relationships is formed as the obvious need for employment contracts comes into play, these can be varied and at times difficult to understand for young or senior professionals and their families with the inclusion of legal terms imposed throughout.
Understanding your football association rules and regulations For players entering into professional contracts, it is essential that they undertake an extensive review of the rules of the football association they will be registered under and are guided by those who can interpret some of the legal jargon into simpler terms. This is not to say a footballer cannot interpret them on their own accord but it adds a sense of legal security to seek advice if clarity is required for the meaning of certain provisions of a contract or the regulations of an association.
A footballer, would not only be employed by the club but under their employment contract, would also be subject to the contractual terms imposed by football’s governing bodies at both a national and international level. For example, those that do represent their footballing nation should be aware that their club would receive a fee for
the players participation with the national team, subsequently having an impact on receiving a bonus compensation themselves when the club receives funds via FIFA, UEFA or the ECA. However, this would be dependent on whether the player contract provides for this.
To ensure that you will not be in breach of your contract to the club or the football association, it is wise to have an in depth understanding about the way in which disciplinary panels operate with regards to the potential disciplinary offences committed by players or clubs and the rules surrounding matters such as: betting, anti-doping and medical malpractice usually stipulated in a football contract. As obvious as it may seem to abide by the rules, it is not unusual to hear about youngsters but also senior players who have inadvertently fallen foul of the rules due to a lack of guidance and professional advice in relation to off field conduct (i.e social media policies).
What to look out for in a football contract Under 18’s There are certain regulations for players under the age of 18 who are wishing to sign a professional contract that they must adhere to. It is vital for those who are parties to the contract (this includes club officials, players & parent or guardian) are aware that under no circumstances should a contract be signed without a parent or guardian of the player. Furthermore, FIFA Regulations on the Status and Transfer of Players stipulate that if a player under the age of 18 is going to sign a professional contract, it may not exceed three years in term.
International transfers of players are only permitted if the player is over the age of 18, however, there are a few exceptions to the rule which will apply in such a situation. For example, if the transfer takes place within the territory of the European Union or European Economic Area and the player is aged between 16 and 18, the transfer would be
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