- Fuenlabrada. Gardeners and administrators yes, footballers no: the paradox of soccer teams
- Real Sociedad.The Government prevents his return to work
These days we are experiencing the interest of some soccer clubs, such as Real Sociedad or Fuenlabrada, to start activities for soccer players at their facilities. The Superior Sports Council (CSD) has paralyzed them based on current regulations regarding the management of the health crisis situation caused by Covid-19. Two questions require analysis; The first is whether footballers can carry out their work in club-owned sports facilities; The second is whether the CSD has the power to prevent it.
The speed with which Royal Decree 463/2020 of the state of alarm has been drafted does not help its understanding, with contradictory interpretations. Although we admit that the Royal Decree requires the closure to the public of the premises in which sports activities take place, the choice comes about the interpretation regarding whether this closure to the "public" is also applicable to footballers as club workers.
The legal wording says: «The opening to the public of museums, archives, libraries, monuments, as well as of the premises and establishments where public shows, sports and leisure activities indicated in the annex to this Royal Law are suspended Decree". A tendency of the doctrine defends that only the opening to the public is prohibited, but not to the workers, the soccer players, to go to carry out their labor provision.
Another defends that it is the museums, archives, libraries and monuments that are closed to the public, while the places where public shows take place, sports and leisure activities are closed for all types of activity. They support it, in turn, in the annex to the same Royal Decree, which is entitled "List of facilities and activities whose opening to the public is suspended in accordance with the provisions of article 10.3", and the one in which soccer fields are specified , stadiums, gymnasiums, as well as the premises , without spectators, intended for public-sports-recreational practice, in any of its modalities.
I am more inclined towards the second trend, since the meaning of the measures adopted is to avoid a further spread of the pandemic, and these tend to avoid any sport that is not where we are confined. If in this regard there may be doubts, Royal Decree 8/2020 established the obligation to adopt the necessary measures to carry out work activity from home if this was possible, and the company must adopt the appropriate measures if it is technically and reasonably affordable. I understand that it is when the competition is suspended.
ERTEs
To date, all the clubs have adapted the work of footballers for their individual practice at home . Several, in addition, have requested ERTEs, reducing the workday of footballers by 70%, precisely because of the closure of facilities. If the work benefit could not be carried out at home, as some argue now, this would seriously jeopardize the measures adopted in the ERTEs to reduce the workday instead of suspending it, as such reduction would be meaningless.
Another scenario would be for the Government to modify the measures for professional athletes so that they can practice their profession with guarantees, a modification that I believe is necessary at this time .
Finally, and regarding the CSD's powers in this matter, Royal Decree 463/2020 did not consider this body among the authorities with delegated powers of the Government as a result of the state of alarm. Only the Ministry of Health would be competent to authorize or stop activities, according to article 10.6 of the Royal Decree. The performance of the CSD cannot go beyond a reminder of the legislation in force for the clubs, since any other could be considered as an excess of their powers.
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