FIFA Recommendations for Overcoming the Legal Consequences of the COVID-19 Pandemic

08.04.2020 14:01

Photo fifa.com

After the unprecedented breakdown caused by the COVID-19 pandemic at all levels of football, FIFA developed a number of recommendations and guidelines to address some key practical issues, especially those relating to contracts with players and the transition system in general.

The recommendations were developed in close collaboration with various stakeholders, including representatives of clubs, footballers, leagues, national associations and confederations, through a working group chaired by FIFA Vice-President Vittorio Montagliani.

The set of principles was unanimously agreed by the working group and endorsed by the Bureau of the FIFA Council.

"The COVID-19 virus pandemic has clearly changed all the facts of football this season. Thus, FIFA, together with stakeholders, has developed several practical ideas and proposals to address these new situations. Although this will not solve all the problems, they should help football achieve stability in the near future.

We hope that these joint efforts under the leadership of FIFA will set a positive example of how football can show unity, solidarity and a spirit of compromise in order to withstand difficult times.

But before these times are over, one thing must be clear to everyone, especially now: health comes first, ”said FIFA President Gianni Infantino.

Below is a summary of the approved key guidelines that FIFA hopes will be followed worldwide.

The term of contracts of football players

A player's contract usually expires when the season ends, with a termination date that coincides with the end of the season.

With the suspension of the game in most countries, it is now clear that the current season will not end on time, as previously agreed.

Therefore, it is proposed to extend the contracts until the season actually ends. This should be in line with the original agreement of the parties when the contract was signed, as well as promote sporting integrity and stability.

A similar principle applies to contracts that enter into force at the beginning of a new season, ie the entry into force of such contracts is postponed until the next season actually begins.

Football contracts that can no longer be fulfilled

The COVID-19 virus pandemic has obviously had a major impact on club budgets.

Football, like other sectors of the economy, must find fair solutions adapted to these circumstances, hopefully in order to protect jobs and achieve a fair and reasonable balance between the interests of footballers and clubs.

Accordingly, FIFA strongly encourages clubs and players to work together to find a common solution in a period without football.

Although the relevant parties at the national level largely depend on the circumstances in their own country, FIFA recommends that all aspects of each situation be considered evenly, taking into account government measures to support clubs and players - whether to postpone or reduce salaries and what insurance coverage can be apply.

If the parties are unable to agree and, as a result, their disputes reach FIFA, the factors to be investigated will include the following:

- whether there was a real attempt of the club to reach an agreement with the players;

- economic situation of the club;

- proportionality of any adjustment of players' contracts;

- the position of players' profits after any correction of the contract;

- treat players the same or not.

Thus, FIFA hopes to find solutions that are fair and balanced for both parties.

Conversion windows

Regarding the transition windows, again, the normal regulatory situation needs to be adapted to the new factual circumstances. Accordingly, FIFA will be flexible and allow the transfer windows to be moved between the end of the old season and the beginning of the new one.

At the same time, FIFA will endeavor to ensure, wherever possible, an overall level of coordination, and also to keep in mind the need to protect the regularity, integrity and proper functioning of competitions so that the sporting results of any tournaments are not disturbed.

More detailed information on the guidelines approved by the Bureau of the FIFA Council can be found in the document "COVID-19: Problems of football regulation ".