The Sunday News
Ngqwele Dube, Sports Correspondent
WHILE footballers have welcomed the ruling by world football governing body, Fifa that players can terminate their contracts after failure by a club to pay players salaries, a labour law expert believes tight contracts might hinder the implementation of the regulation.
Labour relations expert, Davies Ndumiso Sibanda said while it was noble for Fifa to make that regulation, applicable local laws would not be circumvented and a player might find himself having to wait a longer period before being able to cancel the contract.
During the week world football governing body Fifa announced that with effect from next month, players will be free to terminate their contracts if their clubs fail to pay them for at least two consecutive months.
Zimbabwe’s economy which is facing challenges has seen several companies including football clubs struggling to pay salaries on time.
Our sister paper, Chronicle yesterday reported that Premier Soccer League side, Bulawayo Chiefs has gone for four months without paying their players salaries.
Sibanda said if a player and a club have a proper contract that addresses various issues related to salaries then it will dictate how the contract is terminated.
“Domestic laws will always prevail and I think that it is stated in that communiqué. If there is a proper contract that is clear on its termination then local laws will apply and be used in the termination of that contract.
“However, if there is no contract then the Fifa regulations will be applicable,” he said.
Sibanda said clubs could have problems of agreeing to figures they are unable to pay then struggle afterwards to meet their salary obligations.
He said clubs should ensure upfront they are honest about their paying abilities so that they don’t find themselves entangled in salary squabbles adding it is the obligation of all clubs to pay their workers.
Footballers Union of Zimbabwe secretary-general Thomas Sweswe said they welcomed the move as the sport has become an industry with footballers solely relying on the game for their income.
“In a survey we did last year, players revealed they are breadwinners hence failure to pay them means whole families are going hungry. The sport is now an industry and players are like any other workers hence they should be paid on time.
“This is one of the reasons we want to come up with a standard contract together with the PSL and we are also advocating for a minimum wage just like any other industry,” he said.
Sweswe said owning a football club should be the preserve of those who can afford it not for one to own a team for pride’s sake but struggle to meet their financial obligations in running the club.
He said the pronouncement would also aid Zifa in the implementation of club licensing as it was one of the requirements that a club should meet to be eligible to be licensed.
In a circular to all national associations, Fifa secretary-general Fatma Samoura said the new regulations were approved by a Fifa Council meeting held in Bogota, Colombia, in March.
“We are pleased to inform you of some important amendments to the Regulations on the Status and Transfer of Players (hereinafter: “the Regulations”), which were approved by the Fifa Council at its meeting in Bogota, Colombia, on 16 March 2018. All of the relevant changes and additions will come into force on June 1, 2018,” Samoura wrote.
The new status quo is contained under Article 14b of the Regulations on the Status and Transfer of Players, terminating a contract with just cause for outstanding salaries.
Zifa communications manager Xolisani Gwesela said as an affiliate of Fifa they would be ensuring the pronouncement is implemented locally.
“Football has become a multi-billion industry worldwide hence employers should pay just like other employers,” he said.
