1/Player Contracts – let’s try to bring a number of strands together in terms of options for clubs/players. Comments welcome @LawInSport @FootballLaw @fc_legal @CasparQC @seanjonesqc & ors.
2/Can clubs ‘furlough’ players? Yes – this is already happening in some professional sports. Players are ‘employees’ and can be placed on ‘furlough’ leave for up to 3-months with the government paying 80% of wages up to £2,500/month max.
3/Can clubs ask players to play whilst on ‘furlough’ leave? No – the scheme is designed to avoid redundancies and lay-offs (i.e. a situation where there is no work to do). If the season resumes, players cannot remain on ‘furlough’.
4/Can players train whilst on ‘furlough’? I say yes. Government guidance is that training not in return for financial benefit is acceptable. Others suggest they cannot. I remind them guidance for all is to exercise + players would be training remotely (training centres closed).
5/Can clubs cut players’ wages? Yes – but only with their agreement. In practice, that negotiation is with their agent/intermediary.
6/ What happens if clubs cut players’ wages without their agreement? Clubs in breach of contract. Players can resign and/or seek damages. If reduction continues for 2 months + warning given, breach of Art14bis RSTP: ‘just cause’ to terminate contract + club may be sanctioned.
7/Are agents entitled to commission if player contracts are renewed beyond 30 June (as @FIFAcom proposes to extend season)? Ordinarily yes. Commission payable upon a renewal or a new contract in a standard-form representation contact. Typically, the club pays that commission.
8/Can @FIFAcom @UEFA or any association force players to play on beyond 30 June? Approximately 500 player contracts (including loan players) are to terminate on 30 June across the Big 5 leagues. Clubs/players must agree new or extended contracts. Players cannot be forced to play.
9/If clubs have no money to pay players or there is no need for players since the season is suspended, can they be made redundant? Yes (or in financial restructure) just like any other club employee. Last resort option as player is a financial asset eg. image rights/future sale.
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