Players’ disputes expose clubs’ frailties
ALMOST every week teams are dragged before the Players’ Status Committee for, among other things, breach of contract.
Just this week alone, Young Buffaloes and Denver Sundowns are being challenged by Kwakhe Thwala and Bheki Mlotsa, who want to be declared free agents for alleged breach of contract. The other week, it was Neliswa ‘Tiger’ Dlamini, who was cleared to join Mbabane Swallows from Manzini Wanderers. In almost all the cases, the applications are successful.
This means there are serious gaps in teams with regard to understanding the status of players. It becomes easy to conclude that clubs’ bosses do not respect contracts.
It seems teams are not aware that a player who has a running contract becomes a free agent on breach of contract.
A breach of contract is defined as a violation of any of the agreed-upon terms and conditions of a binding contract. The breach could be anything from a late payment to a more serious violation, such as the failure to deliver a promised asset.
World governing soccer body, FIFA rules are also clear on this.
A player who has not been paid for two months becomes a free agent.
Deemed
“In the case of a club unlawfully failing to pay a player at least two monthly salaries on their due dates, the player will be deemed to have a just cause to terminate his contract, provided that he has put the debtor club in default in writing and has granted a deadline of at least 15 days for the debtor club to fully comply with its financial obligation(s),” reads Article 14 on Regulations on Status and Transfer of Players.
It is either clubs are unaware of the aforementioned article or they ignore it and hope the players will be lenient. In these modern times, football agents have emerged and advise players against possible exploitation.
At this rate, a lot of clubs can find themselves with no player, as they can successfully challenge to be declared free agents.
Delayed payment of an amount which is equal to at least two months shall also be deemed a just cause for the player to terminate his contract, subject to him complying with the notice of termination.
In summary, the article provides that a player can terminate his contract provided he is owed by the club in which he plies his trade, if he is being owed for a particular amount of time depending on the basis he is being paid, either weekly or monthly.
In cases whereby a player is paid weekly or based on the hours he uses at work, two months equivalent of that salary would be deemed enough as a reasonable and just grounds to terminate his contract.
This particular law has been tested many times.
For instance, in 2018 former Cameroonian International, Alex Song, left his former club, Rubin Kazan, after FIFA intervened and his contract terminated due to the club’s inability to pay its players’ wages.
There is also Article 15, which addresses another area that may be overlooked by club bosses. Article 15 also provides for termination of contracts due to sporting just cause. It explicitly states that an established professional who has, in the course of the season, appeared in fewer than 10 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.
Existence
The existence of sporting just cause shall be established on a case-by-case basis.
In such a case, sporting sanctions shall not be imposed, though compensation may be payable.
A professional may only terminate his contract on this basis in the 15 days following the last official match of the season of the club with which he is registered.
Article 15 provides players with the ability to terminate their contract for ‘sporting just cause’ where they have played in less than 10 per cent of their club’s fixtures in the relevant season.
This allows a player to join another club without fear of the potential sporting sanctions that may be imposed upon them for a breach of contract without just cause.
In conclusion, the issue of violating agreed terms is very critical because it has dire consequences. Local teams have been ordered by FIFA to pay players, especially foreign stars, long after they have left the clubs.
The Kwakhe case, might set a precedent following allegations of unfulfilled job promises.
There are also reports of underpayment.