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Connor O'Neill

Contracts and summer transfer window - FIFA's guidelines to address legal consequences of Covid-19

FIFA has announced big changes to the football calendar by pushing back the dates of the transfer window and has also approved plans to extend player contracts.

The governing body has confirmed it has worked on a series of recommendations and guidelines to address some of the key practical issues arising from the pandemic.

A set of principles has been unanimously agreed by the task force, which was chaired by the FIFA Vice-President and chairman of the FIFA Football Stakeholders Committee, Vittorio Montagliani, and included representatives of clubs, players, leagues, national associations and confederations.

The move was endorsed by the Bureau of the FIFA Council today, with FIFA President Gianni Infantino saying: “The COVID-19 pandemic has clearly changed all the factual circumstances around football for this season.

“So, FIFA, together with the stakeholders, has come up with some practical ideas and proposals to tackle these new circumstances.

“Whilst this will not solve each and every problem, it should serve to bring a measure of stability and clarity to football for the foreseeable future.

“We hope 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.

“But before these times come, one thing must be clear to everyone, especially now: health comes first, well before football.”

Below is a summary of the main guidelines approved by the governing body.

Expiring player contracts which usually end when the season ends, with a termination date that coincides with the end of the season.

But with the current suspension of play in most countries, it is now obvious that the current season will not end when people thought it would.

Therefore, it is proposed by FIFA that contracts be extended until such time that the season does actually end.

This should be in line with the original intention of the parties when the contract was signed and should also preserve sporting integrity and stability.

FIFA is also encouraging clubs and players to work together to find agreements and solutions during the period when football is suspended.

While it is primarily up to the relevant parties at national level to find solutions to fit the circumstances in their own country, FIFA recommends looking at all aspects of each situation in an even handed manner, including what government measures are there to support clubs and players, whether pay should be deferred or reduced and what insurance coverage may exist.

If parties cannot agree and, as a consequence, cases end up at FIFA, the factors to be examined will include the following: whether there was a genuine attempt by the club to reach agreement with the players; what the economic situation of the club is; the proportionality of any adjustment to player contracts; the net income position of players after any contract adjustment; and whether players have been treated equally or not.

With regard to transfer windows, the governing body has confirmed it is necessary to adjust the normal regulatory position to the new factual circumstances.

FIFA has revealed it will be flexible and will 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.

FIFA will also try to ensure, where possible, 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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