How FIFA tried to address the COVID-19 crisis
The FIFA has published a guideline to address legal consequences due to the outbreak of the coronavirus.
Due to COVID-19, football is facing a challenge never seen before in FIFA´s history: a mayor disruption at all levels of the sport, caused by the pandemic. In order to respond to the crisis, FIFA has established a series of recommendations and guidelines that serve to address and explain some of the key practical issues that arise from the current situation – amongst others, regarding player contracts and the transfer system.
A task force has been implemented to work on this issue, chaired by Vittorio Montagliani, the Vice-President and chairman of the FIFA Football Stakeholders Committee. The task force has been consulting different stakeholders, including representatives of clubs, players, leagues, national associations and confederations in order to establish these guidelines, and has finally unanimously agreed on a set of principles, which were then endorsed by the Bureau of the FIFA Council.
As the coronavirus pandemic has obviously changed the factual circumstances around football for this season, the FIFA has come up with some practical ideas and proposals with the help of various stakeholders. They aim to help facing the new, challenging circumstances and thus bring some clarity and stability to the sector and everyone involved. FIFA President Gianni Infantino hopes that “this collaborative effort, under the leadership of FIFA, can provide a positive example of how football can come together and show unity, solidarity and a spirit of compromise in order to face the challenging times ahead.” He makes clear one very important thing: health comes first, before football. Therefore, FIFA trusts that the provided guidelines will be followed around the world, in order to ensure the health and safety of everyone working in the sector.
The guidelines approved are summarized in the following:
Expiry and commencement of player contracts:
Usually, expiring player contracts end when the season ends, with the termination date coinciding with the end of the season. Due to the current suspension of play in most countries worldwide, the end of the season will not be when originally planned, and thus it is proposed that contracts should be extended until the actual end of the season. This measure should be in line with the original intention of the parties when the contract was signed, preserving sporting integrity and stability. Similarly, contracts due to begin with the start of the new season should delay the entry into force until the next season actually starts.
Football employment agreements that can no longer be performed:
FIFA strongly encourages clubs and players to work together to find agreements during the period when football is suspended, in order to find fair solutions tailored to the circumstances, aiming on the protection of jobs and a balance of interests between clubs and players. FIFA recommends taking all aspects into account, including existing supportive government measures, possible insurance coverage, etc. In the case that parties cannot agree, the case will be referred to FIFA in order to find viable solutions that are fair for both sides, by examining various factors like for example the economic situation of the club, the proportionality of any adjustment to player contracts, equal treatment of players, amongst others.
Transfer windows:
It is necessary to adjust the normal regulatory position to the current circumstances, and therefore, FIFA will be flexible and allow the relevant transfer windows to be moved so they fall between the end of the old season and the start of the new season.
Last but not least, FIFA will try to make sure that there is an overall level of coordination and will also bear in mind the need to protect the regularity, integrity and proper functioning of competitions, so that the sporting results of any competition are not unfairly disrupted.
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