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  • Football transfer system must change - World Players' Union

    17 December 2013 Last updated at 17:04 GMT

    Football transfer system must change, says world players' union
    Football faces a legal challenge that could result in the end of transfer fees and have as big an impact on the game as the landmark Bosman ruling.

    World players' union Fifpro claims the existing transfer system contravenes law and infringes footballers' rights.

    “The transfer system fails 99% of players around the world, it fails football as an industry and it fails the world's most beloved game”

    Philippe Piat

    Fifpro president
    And it is preparing to challenge the system in the European courts.

    "Footballers are workers, and only when they enjoy the rights enjoyed by all will Fifpro be satisfied," said the union's president, Philippe Piat.

    The Frenchman added his organisation would not "stand by and watch from the sidelines as football players' rights around the world are systemically disrespected and the football industry dismantles itself".

    If successful, the move could allow players to serve notice on their contracts as other workers can.

    In theory, that would mean a player would be able to tell his club he wanted to leave and hand in his notice. Another club could then pay up the remainder of the player's contract and he would be able to join them without a transfer fee being paid.
    Analysis
    Image of Matt Slater Matt Slater
    BBC Sport

    "Nothing will happen fast, but this move underlines just how vulnerable sport's status quo is to challenges based on European law. Quite simply, professional footballers do not enjoy the same freedoms that almost every other EU worker does. The clubs say this is for good reason, and warn of unintended consequences if decades of custom are ripped up. But the players see the free-agency of US sport, and wonder why their career prospects are still constrained by transfer fees and compensation costs."
    Fifpro wants the European courts to review the entire football transfer system and says it has told both world governing body Fifa and its European counterpart Uefa of its intentions.

    The union claims the regulations impede players' freedom of movement. It is also against third-party ownership and what it claims is the unfair distribution of wealth, with clubs able to make huge amounts of money from transfer fees and compensation payments when players move.

    Fifpro argues only agents and the richest clubs benefit from the transfer system. It also claims thousands of players around the world are not paid on time and become vulnerable to criminals looking to fix matches.

    Piat said a review of the transfer system was his "top priority" when elected Fifpro president in October.

    "The transfer system fails 99% of players around the world, it fails football as an industry and it fails the world's most beloved game," he added.

    Fifpro, which represents more than 65,000 footballers, said it would take its recommendations and complaints to the European Commission, the European Court of Justice and human rights courts if necessary.

    What is Fifpro?
    Formed in 1965 and based in the Netherlands, Fifpro is a worldwide body that represents more than 65,000 professional footballers
    "Despite football enjoying record amounts of revenue, football's regulatory and economic system fails miserably on numerous fronts and drives the professional game towards self-destruction," said Bobby Barnes, president of Fifpro's European division.

    "Destruction through a systemic disrespect for those on the pitch. Destruction through a failure to achieve competitive balance and financial stability. Destruction through an absence of responsible governance, which invites criminals to abuse our game."

    In 1995, the Bosman ruling - named after Jean-Marc Bosman, the Belgian player who brought the case before the European Court of Justice - had a major impact on football in the European Union (EU).

    It banned restrictions on foreign players from the EU within national leagues and allowed players in the EU to move to another club at the end of a contract without a transfer fee being paid.

    http://www.bbc.com/sport/0/football/25418135
    "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

  • #2
    Unintended consequences or Intended consequences?

    Players exercising rights such as could have frequent opting out of contracts?

    ...e.g. Suarez telling Liverpool bye...Arsenal please pay the only the remainder on my contract...give me the difference - Liverpool paid for me and what you are now paying and £250,000/wk + the usual player bonuses and perks makes the deal?

    ...and other consequences???
    "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

    Comment


    • #3
      In theory, that would mean a player would be able to tell his club he wanted to leave and hand in his notice. Another club could then pay up the remainder of the player's contract and he would be able to join them without a transfer fee being paid.
      Foolishness...

      Comment


      • #4
        Originally posted by Bricktop View Post




        In theory, that would mean a player would be able to tell his club he wanted to leave and hand in his notice. Another club could then pay up the remainder of the player's contract and he would be able to join them without a transfer fee being paid.

        __________________

        Foolishness...
        Maybe not!
        If you are an employer; can your worker 'hand in his resignation' (i.e. wish to leave...and do leave)?

        ...and if you are an employee; can you hand in your resignation...and then leave?

        Is a footballer an employee of his/the club?
        Well?
        "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

        Comment


        • #5
          Originally posted by Karl View Post
          Maybe not!
          If you are an employer; can your worker 'hand in his resignation' (i.e. wish to leave...and do leave)?

          ...and if you are an employee; can you hand in your resignation...and then leave?

          Is a footballer an employee of his/the club?
          Well?
          Karl, I'm not sure where I stand on this...yet, but in the ordinary world an employee can give the standard two weeks or one month notice (as the case may be) and go on his/her merry way. Now while a footballer is an employee of his club, he cannot do that easily if at all, as all his other potential employers have bought into the transfer system.

          It's as if my employer assigned a value to the value added to my abilities while I was in his employ and charged a future employer a fee for the freedom to hire me if my current contract hasn't run its course... that doesn't happen in the real world...(in the world of football it does), in fact in the real world it seems the opposite often occurs, the employer pays you a bag of money to demit office... go figure!
          Peter R

          Comment


          • #6
            Well...Peter what if you make the pay - compensation package ...secondary to the freedom to 'accept tuh wuk' or no?

            How do you feel about this 'proposed new dispensation', then?

            btw - Am saying if it comes to pass there shall be consequences!
            ... mmmmmmmmmm? How will it affect the marketplace (for players, agents, clubs, the game?)?
            "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

            Comment


            • #7
              I think my example above looked at the average employee who is hired but NOT on contract as is the football player. The club has to plan for its season and therefore wouldn't expect the player to simply jump ship willy-nilly and so I think my comparison is apples and oranges.

              So, if the player wants to break the contract, what I'm reading is that the "new " club would simply have to pay the balance of the player's contract as opposed to a "transfer fee". The transfer fee has two purposes, one to compensate the "old" club for losing a player they either consider they developed, or simply in lieu of paying out the rest of the contract AND also as a deterrent to the player from jumping ship at a crucial time.

              Given that clubs obviously want some predictability and certainty in planning, having an employee decide to move at any given moment would make things chaotic. So I guess I'm leaning to the status quo.... but I think i need to think this through some more.

              I'm running. Hope to actually address your comment later.
              Peter R

              Comment


              • #8
                not only that, there are other differences too, e.g. ticket sales based on the player (people would play to see CR7 e.g.) so there are add ons to playing football....

                Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe. Thomas Paine

                Comment


                • #9
                  Originally posted by Peter R View Post
                  I think my example above looked at the average employee who is hired but NOT on contract as is the football player. The club has to plan for its season and therefore wouldn't expect the player to simply jump ship willy-nilly and so I think my comparison is apples and oranges.

                  So, if the player wants to break the contract, what I'm reading is that the "new " club would simply have to pay the balance of the player's contract as opposed to a "transfer fee". The transfer fee has two purposes, one to compensate the "old" club for losing a player they either consider they developed, or simply in lieu of paying out the rest of the contract AND also as a deterrent to the player from jumping ship at a crucial time.

                  Given that clubs obviously want some predictability and certainty in planning, having an employee decide to move at any given moment would make things chaotic. So I guess I'm leaning to the status quo.... but I think i need to think this through some more.

                  I'm running. Hope to actually address your comment later.
                  The problem with the above - and I well understand what you are saying and agree on possible impact on the club losing the player - is, that applies across the board to any type employer/employee relationship. Sure the impact on the employer varies according to 'assessed value' to the employer of the employee (and always inclusive of losing the employee)...but it runs smack dab into individual freedom to choose who to work for or not work for.

                  Aside: That is why "the Gamma's" make a bundle on advising and devising contracts that on 'meeting of the minds' has both parties sign on the dotted line with assurances that 'all contingencies are covered' . [/I]

                  "The Gamma's"
                  "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

                  Comment


                  • #10
                    So then what use is signing a contract if it is not enforceable? Even if the transfer fees are eliminated, the players still have a contract with the club for x amount of years...if he can break the contract at any time then why bother signing a contract?

                    Comment


                    • #11
                      Originally posted by Bricktop View Post
                      So then what use is signing a contract if it is not enforceable? Even if the transfer fees are eliminated, the players still have a contract with the club for x amount of years...if he can break the contract at any time then why bother signing a contract?
                      Do you know of any (*legitimate) contract that does not have an 'escape clause' -- a 'break contract clause' (actually not broken as the 'Escape Clause' is a part of the contract)?

                      I do not!!!

                      * Did not even need to qualify as 'illegal contracts' by definition are misnomers i.e. not 'contracts'=unenforceable in a court of law!!!
                      Last edited by Karl; December 18, 2013, 04:07 PM.
                      "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

                      Comment


                      • #12
                        Can an NBA player break his contract and sign with another team? You ever heard of a non-compete clause in an employment contract? Sure you can break the contract but you can't "play" for a competitor for x amount of years after you break the contract

                        Comment


                        • #13
                          Originally posted by Bricktop View Post
                          Can an NBA player break his contract and sign with another team? You ever heard of a non-compete clause in an employment contract? Sure you can break the contract but you can't "play" for a competitor for x amount of years after you break the contract
                          How so the 'break' of which you speak?
                          What has that to do with 'escape clause'?

                          ...and if you know of such a contract that was enforced in the manner you mentioned above...i.e. "player could not play for another team"...then please name the player or players? Would like to research same!!! Should make for interesting reading. I am never too old to learn!!!
                          "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

                          Comment


                          • #14
                            http://www.marketwatch.com/story/mor...nts-2013-07-05

                            Comment


                            • #15
                              Karl!!! Answer this...............
                              You have a team that is a good Championship team & there's a very talented 19 year old who's having a break-out year & impressing everyone (all the elite BPL teams want him). This player has been with the club since 5 & you have invested in his growth & development. This youngster & his agent sees the potential for a BIG pay day playing for one of the elite BPL teams + endorsements.

                              Question - You have no problem with this player notifying you he's leaving for one of those BPL clubs & the only thing you'll receive is the remainder of his contract??? And do you think it's fair compensation for all you have invested in this player???

                              Comment

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