Article 15 allows an “established professional” to terminate his contract for “just cause” if he has participated in less than 10% of the official matches in which his club has participated during the season. If a valid reason is found, no sporting sanction (see below) will be imposed, although compensation may be due. On this basis, a player can only terminate his contract within 15 days of the last official match of the season of the club with which he is registered. For foreign players, the choice between recourse to a national court or to the Democratic Republic of the Congo can be of great importance, as the jurisprudence of the Democratic Republic of the Congo shows that cases are tried mainly on the basis of FIFA regulations and, to a lesser extent, on the basis of national regulations. In countries where workers` rights are strong, it could be advantageous for players to choose the national court or arbitral tribunal. Matuzalem, De Sanctis and Andy Webster are the precedents in which the CAS, drc and FIFA decided to compensate the former club while the transfer was paid for by the player and the new club. The DRC and caslt have awarded compensation in a significant number of cases that supported the principles of these cases, which means that this recognizes the right of the injured party to be placed in the situation it might be if the contract had been properly concluded, i.e. the principle of positive interest. Positive interest in simple terms means the time value of money, where today`s money is more than tomorrow`s money.
As part of the compensation planning method, a good variety of things need to be taken into account, which gives the DRC and SAE panels a good deal of leeway. If a contract is terminated without a valid reason, the person violating it must pay compensation. In general, when calculating the amount of compensation, the law of the country concerned and the respective sports city are taken into account. Other criteria that are taken into account are the player`s salary and performance due under the existing contract and/or the new contract, the remaining duration of the existing contract up to a maximum of five years, the fees and expenses paid or incurred by the former club and whether the breach falls within a “protected period”. The Employment Contracts Act only applies to player contracts that are employment contracts. The concept of an employment contract is described on the previous page. If the contract is not an employment contract, in practice only the provisions agreed in the contract for the termination and termination of the contract apply. However, this depends on the circumstances (such as applicable law) and the provisions of the employment contract. According to FIFA regulations, players generally risk sanctions (sporting and financial) if they unilaterally terminate an employment contract. Therefore, players should be very careful. In addition, the club that signs a player who has terminated his contract can also risk sports and fines. Also in Decision No.
75975 of the Democratic Republic of the Congo of 28 July 2005, the Democratic Republic of the Congo held that the lack of performance of a player is not a valid reason for a club to unilaterally terminate an employment contract. In practice, the first two options rarely lead to complications, and terminating a contract with the sport for a valid reason is a relatively limited possibility for an established football player to terminate the contract for sporting reasons. The provision is intended for cases where a former central football player no longer plays matches for the first team. The DRC and casta generally assess the termination of contracts of FIFA`s powers that include late or reduced salary payments that constitute a legitimate reason for a player to terminate the contract. However, FIFA has included a new provision of Article 14 as part of the RSTP. Article 14 states that if a club is unable to make salary payments to the player and the club is in default for two months or more, the player may terminate the contract for cause, provided that the player notifies the club 15 days in advance of the payment of this unpaid amount. This is set out in Article 14a(1) of the RSTP. After the Bosman judgment, which allowed out-of-contract football players to move to clubs within the EU without transfer fees, we have seen a significant increase in player power. For example, players often refuse to sign a new contract with their existing club in order to be able to withdraw from the contract and thus travel for free. If the club to which the player moves does not have to pay a transfer fee, he is willing to provide that player with huge sums of money both as registration fees and in the form of salaries. “Just causes” for clubs, as discussed above, are most common when disputes have arisen.
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