FIFA threat to clubs invoking pay clause

PLAYERS threatened with a suspension of all wages under an obscure SPFL contract clause could take clubs to FIFA and have their employers hammered for refusing to honour financial commitments. One of the game’s leading legal experts has told

Sportsmail that owners intent on challenging world football’s ultimate authority could be hit with a hefty fine — or even a transfer ban.

Clubs were advised by the SPFL’s lawyer on Friday that because all football in Scotland has been suspended indefinitely, clubs could technically stop player payments immediately. Clause 12 in the standard league contract says: ‘In the event of the Scottish FA deciding that the game shall be suspended... this agreement shall be correspondingly suspended.’ That piece of legal text has already been used to put

pressure on Hearts players, who have been given until 5pm tomorrow to accept pay cuts of up to 50 per cent. Club owner Ann Budge admitted herself that the relevant email sent to squad members included the line: ‘We do not waive our right to suspend player agreements in the future should we require to do so to safeguard the future of the club.’ But, in a development likely to become relevant to an increasing number of players at clubs across Scotland, leading sports lawyer Simon Leaf told

Sportsmail that SPFL clubs need to tread carefully. Leaf, managing associate at Mishcon de Reya, said: ‘You’ve obviously got a contract between player and club. But all of this will be subject to UEFA and FIFA rules. ‘There is a set of FIFA rules under something called RSTP — regulations on the status and transfer of players. ‘They sit above everything that everyone does. And these rules are very clear. ‘Any club that tries to even put pressure on a player to vary their contract during the term, this club can be fined — or even be subject to a transfer ban. ‘It’s article 14.2 and it’s designed to stop this type of situation. And it’s clear cut on trying to pressure players to vary their contract. ‘At Hearts, some players have waived their rights. If players to do that, well, that’s one thing. ‘But all of these clubs need to be mindful of FIFA regulations. ‘They are there to protect players. Clubs can’t just change the terms of a contract halfway through.’ Leaf said one ‘savvy’ player challenging SPFL clubs’ rights to suspend agreements could be all it takes to force a climbdown, explaining: ‘There are questions to be asked. By signing these contracts, have players waived their rights under FIFA rules? ‘Or do you argue that clause 12 is not compliant with FIFA rules? ‘I know about FIFA regulations. And I would be surprised if it was as clear-cut as the club relying on clause 12 — because a savvy player will at least take a look at the FIFA rules. ‘Now, there is a force majeure clause in FIFA regulations, covering unforeseen circumstances. And these are unforeseen circumstances. ‘But nobody knows if it would be of use to Hearts and others, effectively letting clubs bully their players, saying: “We’re forcing you to take a cut”. ‘That’s why Hearts quickly said they weren’t going to use clause 12. ‘There is a danger that, if they go too far, they will allow some players to challenge them. ‘The rules are strict, they’re there to protect players from clubs forcing them to change terms that have already been agreed.’