Unilateral termination of contract of employment without just cause in professional football

Abstract

In this paper the author considers the problems encountered by professional players and clubs in the context of unilateral termination of contract without just cause due to the sanctions imposed in that situation. The situation if further complicated by art. 17 FIFA Regulations for the Status and Transfer of Players which does not give a closed list of criteria on which s imposed sanctions are based. Following the analysis and critique of Court of Arbitration for Sport's cases Webster, De Sanctis and Matuzalem, and their comments in terms of Swiss law, which Court of Arbitration for Sport in these cases held as applicable law, the author concludes that the current situation leads to legal uncertainty. In conclusion the author offers numerous solutions de lege ferenda.

Keywords

• unilateral termination of contract without just cause
• compensation
• sporting sanctions
• Webster
• Matuzalem
• De Sanctis