The football club, in its capacity as employer, is required to undertake all necessary administrative steps to obtain a work visa and to register the professional player.
As an employer, a football club has the responsibility to carry out all necessary procedures to obtain a work visa and register a professional player. Beyond the obligation to pay the salaries owed to players and the prohibition against sidelining them, clubs must also comply with various administrative obligations. Failure to meet these obligations may result in sanctions.
An analysis of the jurisprudence of FIFA and the Court of Arbitration for Sport (CAS) highlights these responsibilities.
For instance, FIFA considers that the club is responsible for obtaining a work permit (visa) for the player, thereby allowing him to compete in the country where he is engaged.
If a club neglects these steps, preventing the player from working and fulfilling his contractual obligations, the player may legitimately terminate his contract for just cause.
However, it is always recommended to send a formal notice to the club to regularize the situation before considering contract termination.
Furthermore, the club is responsible for the costs associated with obtaining the work permit. It is unacceptable to require the player to bear these costs, as this would constitute a violation of Article 18 of the RSTP.
In addition, a club may be deemed to have failed in its obligations, thereby justifying a termination of contract without just cause, if it deregisters the player, thus preventing him from participating in matches.
Some decisions have even established that the deregistration of a player may be considered an unjustified termination.
In this context, the assistance of a specialized lawyer, familiar with the FIFA Regulations on the Status and Transfer of Players (RSTP) as well as relevant case law, is crucial. This helps to protect the player’s rights and to avoid errors that could lead the FIFA Football Tribunal to consider the termination as unjustified. Indeed, having a lawyer by their side is essential for a football player throughout their career, thereby ensuring optimal management of their contracts and rights.
Moreover, the support of a lawyer is indispensable for navigating the legal complexities of the football world, allowing the player to focus on their performance on the field. An experienced lawyer can also anticipate potential issues and advise the player on best practices to adopt.
Read more:
https://www.tas-cas.org/fr/jurisprudence/decisions-recentes.html