FIFA changes regulations.
One of the most important FIFA regulations concerning the transfer market and the rights and obligations of players and clubs is undoubtedly the FIFA Regulations on the Status and Transfer of Players, which has been frequently mentioned on the blog. These regulations bind clubs and players directly and also introduce minimum standards that must be adapted in the national regulations of federations. As of June 1, 2018, some provisions of the regulation will significantly change.
ARTICLE 14
The first change concerns Article 14 of the Regulation and situations known to us from the "domestic field," where one party to a football contract seeks to force the other party to change the contract terms or terminate it through its actions 1)for example, the case of Sebin Plaku. According to the new wording of the provision, in such cases, the aggrieved party will be entitled to unilaterally terminate the contract with the party committing these violations. This does not mean, of course, that such a possibility did not exist before. The Court of Arbitration and FIFA bodies often ruled in favor of the aggrieved party in such cases, but now there will be a clear provision that can serve as a basis for termination, complaint, or claim.
ARTICLE 14 BIS
FIFA bodies have also decided to introduce a new provision containing a mechanism known from the national regulations of the Polish Football Association (PZPN). The new Article 14 bis provides that if a club defaults on payment of a player's salary for a period of at least two months, the player may, in writing, demand payment from the club, setting an additional minimum period of at least 15 days, after which they are entitled to unilaterally terminate the contract. This mechanism already exists in the PZPN regulations, with the difference that the minimum period that must be set for the club in Poland is 14 days. FIFA regulations also apply to other monetary obligations owed to the player if the amount of the default corresponds to the amount of a two-month salary. Departures from the rule described above can only be made based on collective bargaining agreements.
ARTICLE 17
Article 17 of the Regulation has also been amended. The rules for determining the amount of compensation due to players in the event of justified termination of the contract (due to the club's fault) have been clarified. This regulation also looks familiar, as it is difficult not to find similarities to national regulations. Thus, a player who terminates the contract with their current club and does not sign a contract with a new team is entitled to compensation equal to the salary for the period between the date of contract termination and the date of contract expiry specified in the agreement. A player who signs a contract with a new club can demand compensation equal to the salary for the period from the date of contract termination to the date of contract expiry specified in the terminated contract, reduced by the salary received at the new club during the relevant period. In cases of contract termination due to financial arrears, the player is entitled to additional compensation equal to three, and in exceptional cases, six monthly salaries. In any case, the total compensation cannot exceed the salary that would have been paid if the contract had not been terminated prematurely.
ARTICLE 18
Another introduced change is the prohibition for clubs to enter into agreements to defer the payment deadline for receivables due to players 2)prolongation, from English "grace period". Exceptions to this rule can only be made under collective bargaining agreements.
ARTICLE 24 BIS
The last change is the introduction of a new provision - Article 24 bis., which allows the Dispute Resolution Chamber, its arbitrators, and the Players' Status Committee to impose sanctions for non-compliance with monetary obligations arising from decisions of the aforementioned bodies. Previously, if a party did not comply with final decisions, the party entitled to receive the funds had to initiate disciplinary proceedings to impose a penalty on the obligated party. After the change in regulations, the body will decide immediately on the consequences of non-compliance with monetary obligations arising from the decisions. These consequences include a 6-month suspension for the player or a ban on registering new players for a period of up to three transfer windows for clubs. The deadline for fulfilling monetary obligations has been set at 45 days from the date of receiving information regarding the bank account of the entitled party.
PODSUMOWANIE
Considering that a large part of the changes proposed by FIFA had already been implemented into the PZPN regulations, the most significant from the perspective of Polish clubs and players performing in Poland seems to be the last one mentioned, namely the change facilitating and expediting the "execution" of claims arising from decisions of FIFA bodies. Bearing in mind that the regulations were prepared by FIFA in agreement with the FIFPRO organization 3)more about the organization itself HERE representing the interests of players, it is obvious that they are beneficial for players and aim to create tools to solve real problems in the football market.
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