FIFA Regulations on the Status and Transfer of Players (“RSTP”): Article 14bis – Unilateral termination of a contract with “Just Cause”.
How many (African) players fully understand their obligations (as well as the club’s obligations) when they sign contracts?! 🤔💁🏽♀️
A young man contacted me two days ago to help read through and explain a contract he has been asked to sign. It’s a decent contract for a new opportunity away from his home country. I asked the player which parts of the contract he needed clarification on and he said “all of it”. I will be helping him with that this evening and I’m very happy to do so, but it raised my concerns again about how many players are entering into agreements that they don’t fully understand ☹️.
Many times players have contacted me and informed me of the salaries owed to them and stated that “someone” told them that if their club owed them money they could leave 🙆🏽♀️. Well…. that’s partly true, but there is a procedure ⬇️
In general a player may not unilaterally terminate his contract with a club. However, FIFA RSTP Article 14bis provides for players who may need to terminate their contracts if they have “just cause” to do so. FIFA has clarified that being owed two months salary is a just cause providing the player has put the club on notice and given them at least 15 days to remedy the breach ✍🏼
So if you are a player owed more than two months salary, what should you do?
1. It’s always a good idea to speak to your bosses at the club in the first instance.
2. If you don’t get anywhere with that, then speak to the agent that brought you to the club (if applicable).
3. If you are still not getting anywhere and you’ve had enough, you may want to consider leaving the club (especially if you have another offer on the table). To do this, a letter would need to be sent to the club outlining their breach of the contract and giving them 15 days to rectify this.
4. After the 15 days, if you haven’t heard from them, you can pack your bags and go!
5. You can then use article 12 bis to claim the money back from the club through the FIFA tribunal.
DO NOT just leave the club or stop turning up for training or complying with your own obligations. Your club could make a counter claim at FIFA and you will lose any compensation for breach of contract!!!
Also be mindful that there are clubs that will present players in such situations with “mutual termination” agreements to sign which may even state that it is the player’s wish to leave so any money owed is being forfeited (I’ve seen this and it broke my heart 💔) . Please do not sign as you will not only be rendered clubless but also lose your money.
Here is a YouTube video I did on terms and conditions of a contract 👇🏾
Enjoy
TBD 💝
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