A SUMMER OF UNCERTAINTY FOR “OUT OF CONTRACT” PLAYERS
David Silva, Adam Lallana, Olivier Giroud and Jan Vertonghen are just a few of the big names who could face a summer of uncertainty following the suspension of the domestic league season.
Their employment contracts are due to expire on 30th June this year and, in normal circumstances, they would be allowed to join a new club on a free transfer from 1st July - but these are not normal circumstances.
With the coronavirus outbreak causing major disruption to the sporting calendar, there is a very real possibility that the domestic season may resume over the summer months. But what could this mean for players who are soon to be out of contract?
The status quo
As things currently stand, players whose contracts expire on 30th June will become free agents on 1st July. Their contractual relationship with the club will end, meaning that the club will no longer pay them a salary and they will be under no obligation to attend training or play matches.
Unless things change, the transfer window will also open as normal in June (although new players can’t be registered until the FIFA Transfer Matching System opens on 1st July).
Concerns with the status quo if the season extends past June
If it becomes necessary for the domestic season to be played out over July and August (or even later), the footballing authorities will have big decisions to make regarding the timing of the transfer window.
The governing bodies and leagues across Europe certainly won't want players transferring between clubs whilst the season is still being played. Arguably the most pragmatic approach would be for the transfer window to be pushed back (on a pan-European basis) to coincide with the end of the delayed season.
But where would this leave "out of contract" players?
Clearly we do not want to be left in a situation where players become free agents as of 1st July but are unable to join a new club until the delayed transfer window opens (which could be as late as August or September).
Such a situation would leave the affected players in limbo and could open up the leagues and governing bodies to significant legal challenges. An out of contract player could certainly argue, for example, that they are being prevented from carrying out their profession in restraint of trade.
What are the options?
Short term rolling contracts: It has been reported that both FIFA and the FA are prepared to grant special dispensation for short-term rolling contracts should this season extend beyond June. However, whilst such measures seem sensible, it does not alleviate the problem completely as clubs could still choose not to extend their players’ contracts beyond 30th June.
Allow the summer transfer window to open in June: Whilst this would allow out of contract players to immediately join a new club, opening the transfer window with matches still to be played would cause significant issues in itself, not least by bringing the integrity of the leagues into question.
Oblige clubs and players to extend their contracts until the end of the delayed season: Both parties (club and player) always intended for the contract to run until the end of the season – it just so happens that the end of the season may now come at a later date – so why not oblige them to give effect to that original intention.
The best way forward?
In the author’s view, the third option above is, in theory, preferable. Not only would it allow the transfer window to be pushed back, it would also protect out of contract players from being left in limbo come the 1st July.
Clearly, however, it would not be straightforward. In practice, how could the governing bodies/leagues force clubs and players to extend their private, bilateral contracts? What if clubs are in financial difficulty and can't afford to pay an additional two or three months salary? And what happens if a pan-European approach to the transfer window can't be agreed?
Conclusion
There are undoubtedly bigger and more important issues for the sporting authorities to be dealing with in this current climate – not least the health and well-being of players, fans and the wider society.
Indeed this is just one of the many unanswered questions that will need to be considered over the coming weeks and months, and there are certainly no easy answers.