This article outlines the scenarios and legal grounds under which a football player can lawfully terminate their employment contract with a football club, providing clarity for those in need of legal assistance and empowering players with the knowledge to protect their rights and careers.
FIFA Regulations on Contract Termination
FIFA, the governing body for world football, provides comprehensive Regulations governing the contractual relationship between players and clubs. The key legal framework outlining these provisions is the "FIFA Regulations on the Status and Transfer of Players" (hereinafter referred to as “RSTP”).
The RSTP stipulates the conditions under which a player may unilaterally terminate their contract. Knowing the specific conditions under which this is permissible, according to FIFA regulations, is essential.
“Just Cause” for Termination
One primary ground for termination is "just cause." Just cause is a recognized legal basis under Article 14 of the RSTP, allowing a player to end their contract without facing penalties. Just cause can include:
Non-Payment of Salaries (Terminating a contract with just case for outstanding salaries, in accordance with Article 14bis of the RSTP): If a club unlawfully fails to pay a player’s at least two (2) 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).
Limited Playtime (Terminating a contract with sporting just cause, in accordance with Article 15 of the RSTP): An established professional who has, in the course of the season, appeared in fewer than ten per cent (10 %) 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. The existence of sporting just cause shall be established on a case-by-case basis. 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. This provision aims to protect players' careers from stagnation due to lack of playtime.
General Breach of Contractual Obligations (in accordance with Article 14 (1) of the RSTP): Article 14 (1) does not provide an exhaustive list of circumstances that can be considered as “just case”. If the club fails to honor its contractual obligations, such as failing to provide adequate training facilities, work permits and visas to play, medical care, or other essential provisions stipulated in the contract, the player may have just cause to terminate.
Abusive Conduct (in accordance with Article 14 (2) of the RSTP): Any form of abusive behavior, including harassment, discrimination, or physical abuse by the club or its representatives, can give the player just cause to terminate the contract.
Termination during the “Protected Period”
The "protected period" is defined as a period of three entire seasons or three years, whichever comes first, following the entry into force of a contract for players under 28 and two entire seasons or two years, whichever comes first, following the entry into force of a contract for players over 28. Termination within this period is subject to strict scrutiny. A player terminating a contract within this period without just cause may face severe penalties, including compensation to the club and potential sporting sanctions such as suspensions.
The protected period starts from the date of signature of the contract, regardless of whether the parties agreed that the contract enters into force after a certain period of time following their signature thereof.
Procedure for Termination
When a player decides to terminate their contract, the procedure must be carefully followed to avoid legal pitfalls:
Written Notice: The player must provide written notice to the club, clearly stating the grounds for termination with evidence to support the claim. This notice should be sent via a verifiable method to ensure it is received by the club.
Grace Period: In cases of non-payment, FIFA regulations typically allow for a grace period where the club can rectify the breach. The grace period in this context is fifteen (15) days. The player must grant a deadline of at least 15 days (from the day of the notice) for the debtor club to fully comply with its financial obligation(s). Failure to do so within this period solidifies the player's right to unilaterally terminate its contract.
Filing a Claim to the relevant FIFA body: If the club disputes the termination and/or in cases the club still unlawfully fails to pay the outstanding salaries, allowances or remuneration (after the end of the Grace Period), the player can file a claim with FIFA’s Dispute Resolution Chamber (DRC), which adjudicates on such matters. The claim must be submitted through FIFA’s Legal Portal. The DRC will review the case and determine whether the termination was justified.
ECIT LAW offers Legal Assistance and Representation
Players seeking to terminate their contracts are strongly advised to seek legal assistance. ECIT LAW have experienced sports lawyers that can help navigate the process and assisting players with exercising their rights to unilaterally terminate their employment contracts with clubs without facing penalties, and ensuring all procedural requirements are met. ECIT LAW can provide:
Case Assessment: Evaluating whether there is just cause or sporting just cause for termination.
Preparation of Documents and Submitting Documents: Clubs may challenge the termination, leading to legal disputes. Proper documentation and adherence to procedural requirements are crucial in such cases. ECIT LAW will help ensuring all necessary documentation is in order and submitted within stipulated timeframes (emails, messages, letters, and any formal notices to the club) and collecting evidence supporting the claim (pay slips and bank statements showing non-payment).
Representation: Representing the player in disputes before FIFA’s Dispute Resolution Chamber or other relevant bodies.
Concluding Remarks
Terminating an employment contract with a club is a significant decision requiring careful consideration of FIFA regulations and potential legal consequences. Legal assistance from experienced sports lawyers can provide the necessary support to navigate these challenges, ensuring that players can make informed decisions and protect their professional interests.
If you are a football player facing contractual issues, ECIT LAW is here to help. Contact us for a consultation to discuss your situation and explore your options. Your career deserves the best protection and guidance, and we are committed to providing you with expert legal assistance.