Meeting on Monday 6th April released a set of guiding principles to resolve legal issues arising through end of contracts, new contracts, impossibility to perform agreements and extension of season periods.
Fifa say considering that employment and transfer agreements are generally tied to the registration periods, but also that several leagues will most likely be completed after the original end date of the season, FIFA has proposed the following principles:
Furthermore, as far as transfer agreements are concerned, FIFA has proposed that any payment that contractually falls due prior to the new commencement date of an agreement should be delayed until the new start date of a new season or its first registration period.
While acknowledging that these issues should find an answer under national law, FIFA has called on clubs, players and coaches to show goodwill “in order to guarantee some form of salary payment to players and coaches, avoid litigation, protect contractual stability, and ensure clubs do not go bankrupt”.
Based on the above, the following recommendations have been made:
I. Encouraging discussions between clubs and employees (clubs and players) to reach collective agreement on a club or league basis addressing at least the following questions:
FIFA suggests that the discussions are held within a collective bargaining agreement (CBA) or similar structures.
Unilateral decisions to modify agreements that would not be made in accordance with national laws or CBAs will in principle not be recognised unless deemed reasonable by FIFA’s deciding-bodies, which will consider, among other things, the following elements:
Alternatively, FIFA recommends that all employment agreements be suspended during any suspension of competitions (i.e. suspension of football activities), provided proper insurance coverage is maintained, and adequate alternative income support arrangements can be found for employees during the period in question.
Considering that the current situation is an exceptional circumstance, FIFA proposes the following principles for the registration periods:
On Loans FIFA says the entry into force of the amendments of the RSTP regarding loans of players set to come into force on 1 July 2020 is postponed until further notice.