Forcing players to place clauses that violate FIFA regulations is void
Al-Sharif proposes to establish a department for ratifying contracts in the Football Association
Al-Sharif: The FIFA regulations are derived from FIFA. Photography: Patrick Castillo
Youssef Al-Sharif: "Article 72 determines the legal framework that must be adhered to in player contracts."
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The former head of the arbitration committee in the Football Association, Dr. Youssef Al-Sharif, suggested establishing a department for certifying players' contracts in the Football Association, or the Sports Arbitration Center, to stop the illegal violations that clubs have recently made.
Al-Sharif said to Emirates Today: “The official form must be given to the players’ contracts, in order to preserve the rights of all parties, and to prevent any fraud or breach of the contract, by attesting it in a section established by the Federation or the Sports Arbitration Center similar to the (Notary Public) section. , Or the department concerned with personnel affairs at the Ministry of Human Resources and Emiratisation, which approves contracts, based on the collection of fees for that service.
He added: “The Contracts Department gets a percentage of the contract value, to cover the salaries and costs of its employees, because this service includes positive effects on these contracts, preserving the rights of the contractors and ensuring their commitment to them, which is good income for the Federation or the arbitration center.”
He pointed out that «the regulation of conditions and transfers of players approved by the Ordinary General Assembly of the Football Association, which took place in the meeting on May 23, 2019, and entered into force a month later, in accordance with Article 72, which defined the legal framework, which must be adhered to in the contracts of players, and the legal implications of Violating it ».
Al-Sharif concluded: “Players' contracts are subject to the laws and regulations of FIFA, the local and continental federations, and the Professional League. Article 13 / A of the regulations stipulates that the professional player concludes a professional contract with the club, in accordance with the regulations consistent with those bodies, and the Article obliges 33 Clubs when contracting with the player to abide by the obligatory provisions contained in the contract form attached to these regulations.
He continued: “Clause 12/1 of the contract form itself includes an acknowledgment by the contracting parties (the player and the club), that they have read the regulations and circulars of the International Federation and the Federation, before signing the contract, and are committed to implementing them, in order to adhere to the legal framework of players’ contracts, and therefore it is not permissible. Violation of any of the regulations (FIFA), and the Football Association, which is basically derived from the regulations of the International Federation.
Regarding the legal consequences of violating players ’contracts with FIFA’s regulations, Youssef Al-Sharif said:“ Violating the FIFA regulations entails the invalidity of the contradicting condition with the validity of the contract, unless the contradictory or invalid terms are subject to substantial consideration between the contracting parties (the player and the club), so that without them they would not have completed Their contract, in this case the contract is nullified in its entirety, noting that the player's interest must be placed as the weaker party in this relationship, according to the legal conditioning of this contract.
And: “Article 31 of the regulation stipulates these effects by confirming that the contract is valid and the condition that violates the regulations, decisions and circulars is nullified, as confirmed by Article 12/2 of the contract form attached to the regulation, which stipulates that no text that conflicts with laws, regulations and circulars shall be taken into consideration. Issued by the local federation and (FIFA), the continental federation and the professional association, otherwise it is considered void.
He added: “According to Articles 43 / A of the Regulations and 5/4 of the Contract Form, it is permissible for a player to negotiate a transfer during the last six months, which is a condition for the player's interest during this period, and therefore the period may not be shortened, but the opposite is permissible. That is, prolonging the period takes care of the player's interest as a weak party in the relationship.
Regarding the right of any club to impose penalties on the player that exceeds the value of what he receives per month, the former head of the arbitration board in the Football Association replied: “It is not required by law that fines exceed 50% of the player's monthly salary, and when the violation is serious, it may exceed this percentage, but Subject to the approval of the Disciplinary Committee in accordance with Article 58 / D of the Regulations, and Article 8 of the Player Contract Form attached to the Regulations.
Player contracts must be formalized in order to preserve the rights of all parties.
Player contracts are subject to laws and regulations (FIFA), local and continental associations, and the Professional League.
A player's salary may not be reduced without his consent
The former head of the arbitration board at the Football Association, Dr. Youssef Al-Sharif, spoke about some clubs putting in place a clause in the contract that gives them the right to reduce players' salaries, and explained: “It is not permissible to reduce the player's salary without his approval, given that this matter is one of the most important rights of the player, even In the event of emergency circumstances or force majeure, the general rules shall be applied, taking into account the decisions and instructions that the state may issue to face those circumstances, and it is not agreed to reduce the salary, even under those circumstances without the consent of the player, and without specifying the percentage of reduction, according to Article 12 / »6 of the contract form attached to the regulation.
50%
A deduction from the monthly salary, is the maximum permissible amount to fine a player if penalties are imposed.