Termination of the employment contract between the club and the professional and its consequences with emphasis on FIFA rules and jurisprudence of sports law

Document Type : Original Article

Authors

1 Assistance Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

2 University of Tehran- College of Farabi -Faculty of Law

10.52547/jlr.2022.228868.2318

Abstract

On the one hand, an employment contract between a club and a professional player is subject to national labor laws and regulations, on the other hand, the contractual relationship should be considered binding upon the parties to it based on the principle of pacta sunt servanda,. The legal basis for terminating such a contract and its effects is set out in the FIFA Regulations on the Status and Transfer of Players (RSTP) and it has been developed by jurisprudence of the FIFA Dispute Resolution Chamber (DRC) and the Court of Arbitration for Sport (CAS) profoundly. While the RSTP does not contain any further details regarding the concept of just cause, the question of whether the parties are entitled to terminate the employment contract unilaterally and prematurely remains subject to the additional application of Swiss law as a subsidiary law as well as case law of DRC and CAS. In this regard, only a material breach of an employment contract can possibly be deemed as just cause as a reason for its termination. A material breach occurs when the main terms and conditions under which the employment contract was entered into force are no longer implemented. This scientific research paper, in the light of a comparative study and analytic method, describes the circumstances and analyzes the subject-matter of termination of the employment contract between the club and the professional and its consequences relying on the FIFA rules as well as case law of DRC and CAS.

Keywords

References

  1. Refrences

     

     

     

    1. Amini, M., Haghani, S., “Evolution of right of termination for non-performance of contract: Implications for Iranian legal system”, Comparative Law Review, Vol.5, No.1., 2018, pp.1-20 (in Persian)
    2. Araei, H., Jalali, M., “Comparative Examination of Doctrine of "Rebus Sic Stantibus" in International Law and in the Iranian Legal System”, Journal of Comparative Law in Center for Comparative Law Studies of Mofid University, N0.19., 2011, pp.145-163 (in Persian)
    3. Asgharian, M., SarBaha, S.M.J., “Football Contracts under the Regulations of FIFA and IRAN’sFootball Federation”, Modern Technologies Law of University of Science and Culture, N0.1., 2020, pp.163-193 (in Persian)
    4. Bernasconi, M. Rigozzi, A. Sports Governance, Football Disputes, Doping and CAS Arbitration, Bern: Editions Weblaw, 2009.
    5. CAS 2016/A/4875, 15 May 2017.
    6. CAS, 2006/A/1180, 24 April 2007.
    7. CAS, 2010/A/2049 12 August 2010.
    8. CAS, 2012/A/2847, 22 March 2013.
    9. CAS, 2015/A/4042, 23 December 2015.
    10. CAS, 2015/A/4296, 28 February 2017
    11. CAS, 2016/A/4408, 29 June 2017.
    12. CAS, 2016/A/4560, 25 April 2017.
    13. CAS, 2016/A/4580, 14 December 2016.
    14. CAS, 2016/A/4846, 13 September 2017.
    15. CAS, 2017/A/5056 23 November 2017.
    16. CAS, 2017/A/5228, 24 July 2018.
    17. CAS, 2017/A/5465, 2018.
    18. CAS, 2019/A/6209, 13 January 2020.
    19. CAS, 2019/A/6463-6464,10 November 2020.
    20. CAS, 2019/A/6578, 8 July 2020.
    21. De Weger, F, The jurisprudence of the FIFA dispute resolution chamber, 2nd Edition, Netherlands: TMC Asser Press, 2016.
    22. Djakhongir, S., The Law of Damages in International Sales: The CISG and other International Instruments, London: Bloomsbury Academic, 2008.
    23. DRC, Decision of 117623, 2 November 2007.
    24. DRC, Decision of 491241, 16 April 2009.
    25. DRC, Decision of REF 20-00695, 29 September 2020.
    26. DRC, Decision of REF 20-01115, 18 June 2021.
    27. DRC, Decision of REF 20-01115, 18 June 2021.
    28. DRC, Decision of REF 20-01335, 03 June 2021.
    29. DRC, Decision of REF 20-01551, 25 March 2021.
    30. DRC, Decision of REF 20-01616, 3 June 2021.
    31. DRC, Decision of REF 20-01748, 15 July 2021.
    32. DRC, Decision of REF 21-00118, 28 April 2021.
    33. DRC, Decision of REF 21-00118, 28 April 2021.
    34. DRC, Decision of REF FPSD-2056, 20 May 2021.
    35. DRC, Decision of REF FPSD-365, 16 June 2021.
    36. DRC, Decision of REF FPSD-783, 11 May 2021.
    37. Federal Act on the Amendment of the Swiss Civil Code, Part Five: The Code of Obligations, 30 March 1911 Edition (Status as of 1 January 2021), Swiss.
    38. FIFA Commentary on the Regulations on the Status and Transfer of Players, 2021 Edition.
    39. FIFA Commentary on the Regulations on the Status and Transfer of Players, 2006 Edition.
    40. FIFA COVID-19 Football Regulatory Issues, April 2020.
    41. FIFA Procedural Rules Governing the Football Tribunal, October 2021 Edition.
    42. FIFA Regulations on the Status and Transfer of Players, August 2021 Edition.
    43. FIFA Statutes, May 2021 Edition.
    44. Circular No.1625: Amendments to the Regulations on the Status and Transfer of Players. 26 April 2018.
    45. Football Federation Islamic Republic of Iran, Iran's Regulations on the Status and Transfer of Players, 2017. (in Persian)
    46. Geey, D., Done Deal: An Insider's Guide to Football Contracts, United Kingdom: Bloomsbury Publishing, 2019.
    47. Lindholm, J., The Court of Arbitration for Sport and Its Jurisprudence: An Empirical Inquiry into Lex Sportiva, Netherlands: TMC Asser Press, 2019.
    48. Nasiri, M., Sa’adat Mostafavi, S.M., “A Study of The Entire Obligations Rule in the Common Law System with a Look at Iranian Law”, Comparative Law Review, Vol.12, No.2., 2021, pp.691-718 (in Persian)
    49. Nematollahi, E., “A Comparative Study of the Purpose of Awarding Damages for Breach of Contract”, Comparative Law Review, Vol.12, No.1., 2021, pp.369-396 (in Persian)
    50. O'Leary, L. , Employment and Labour Relations Law in the Premier League, NBA and International Rugby Union, Netherlands: Asser Press, 2017.
    51. Pijetlovic K, EU Sports Law and Breakaway Leagues in Football, 2nd Edition, Netherlands: Asser Press, 2015.
    52. Sanaati, H., “The nature and characteristics of football contracts in Iran’s legal system”, MSc thesis, Collage of Farabi, University of Tehran, 2011 (in Persian)
    53. Wong, G. M., Essentials of Sports Law, 4th Edition, USA: Praeger, 2010.
Legal Research Quarterly
Volume 25, Issue 99 - Serial Number 99
December 2022
Pages 265-292

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History

  • Receive Date: 16 March 2022
  • Revise Date: 29 April 2022
  • Accept Date: 27 August 2022

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