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damianb1

Question re: transfer window

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6 minutes ago, Watson said:

 

If the law says you have to pay a certain level of wage to a person then an organisation can't pay less even if you agree to the lower wage.  The law has to be respected. 

True but is any club did challenge the rules saying that it doesn't fit in with the Law then the football league could just kick them out of the football league.

Football doesn't follow the same employment laws other firms would they are manipulated to suit both parties .

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5 minutes ago, Watson said:

 

If the law says you have to pay a certain level of wage to a person then an organisation can't pay less even if you agree to the lower wage.  The law has to be respected. 

 

There is a specific law that covers minimum wage

 

But not one covering length of contract or limitations on movement therein

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1 hour ago, DELUDED OWL said:

Ok,bit pedantic but,the second part of his question was why only 2 specific times of a year...........that better ?

How on earth has it never taken to the courts under restraint of trade?

There is no other industry or area of employment that you could only join a rival during 2 specific times of the year

I think that everyone’s barking up the wrong tree. I think that a player can transfer between clubs at any point in time, however, if he signs when the window is closed, he is not allowed to play for the club he signs for until the next transfer window opens 

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Maybe it is more to do with player registration rather than employment. Only new registrations are allowed in a certain period, this would not affect employment law.

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4 minutes ago, pazowl55 said:

True but is any club did challenge the rules saying that it doesn't fit in with the Law then the football league could just kick them out of the football league.

Football doesn't follow the same employment laws other firms would they are manipulated to suit both parties .

 

Then they would probably have a case to sue the FL

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6 minutes ago, lanzaroteowl said:

 

There is a specific law that covers minimum wage

 

But not one covering length of contract or limitations on movement therein

 

I was generalising but we saw a few years ago when freedom of movement was brought in how quickly the footballing authorities backed away

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4 minutes ago, shandypants said:

I think that everyone’s barking up the wrong tree. I think that a player can transfer between clubs at any point in time, however, if he signs when the window is closed, he is not allowed to play for the club he signs for until the next transfer window opens 

 

2 minutes ago, chrysoar said:

Maybe it is more to do with player registration rather than employment. Only new registrations are allowed in a certain period, this would not affect employment law.

 Yes. I believe that is the case which supports what I believe. 

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Year but effectively it still amounts to restraint of trade because novlub would willingly sign a contacted player and therefore incur the transfer fee and wages and be unable to play the new asset. For proof of this just remember the Leicester city issue last August when they signed the Portuguese midfielder who was registered 14 seconds after the deadline. They went up extreme lengths to challenge.

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14 minutes ago, damianb1 said:

Year but effectively it still amounts to restraint of trade because novlub would willingly sign a contacted player and therefore incur the transfer fee and wages and be unable to play the new asset. For proof of this just remember the Leicester city issue last August when they signed the Portuguese midfielder who was registered 14 seconds after the deadline. They went up extreme lengths to challenge.

And lost, but still had a contracted player they had to pay.

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I think sport just sticks two fingers up to the law, in rugby English players who play outside of England are banned from the national team, I would say that infringes employment law

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Aren't the contracts themselves an element of restraint of trade?

 

I'll be honest, I don't get how contracts work in sport and entertainment. They all stop people from resigning and going to work somewhere else.

 

On the flipside, the transfer system is sort of a way of keeping it fair, or at least it would be if all contracts had a price capped release clause. But the transfer window seems to shut the doors on freedom of movement again.

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It will be written within their contracts so basically no laws are broken. They don't have to sign said contract but the alternative is a normal job.

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3 hours ago, Watson said:

 

Even The football league have to bow to the law.

I think all the club's sign up to the league rules if they want to play in it and so then have agreed to the irregularities.

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4 minutes ago, Daizan10 said:

I think all the club's sign up to the league rules if they want to play in it and so then have agreed to the irregularities.

 

Are you suggesting they can break the law?

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I really can't understand why people get confused.

There's English law....and there's a lot of self appointed rules which are nothing to do with English law.

 

Employment law is part of English law.

 

Which covers contract law.

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4 hours ago, shandypants said:

I think that everyone’s barking up the wrong tree. I think that a player can transfer between clubs at any point in time, however, if he signs when the window is closed, he is not allowed to play for the club he signs for until the next transfer window opens 

This question is being answered with how it stands now,away from the OP,why in football can their be a "ban" for wants of a better word on players moving at only two points in a season,i wanna move my job to a better or different one,i do it,no contractual obligations,just do it,so how can football as a whole restrict who moves when and why.

Why not have transfers 365 days a year.

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Maybe its because clubs have a financial interest in the players by paying transfer fees so in theory own that players services for the term of the contract.

I don't know of any other employment except sport that pays for a transfer of an employee to work for them. 

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It's not restraint of trade

 

and players sign fixed term contracts which are different to standard employment contracts - they are very individualised

 

Restraint of trade means stopping somebody from working - it doesn't mean paying them loads to play football

 

Once a contract is up then the player is free to move where he wants

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11 minutes ago, DELUDED OWL said:

This question is being answered with how it stands now,away from the OP,why in football can their be a "ban" for wants of a better word on players moving at only two points in a season,i wanna move my job to a better or different one,i do it,no contractual obligations,just do it,so how can football as a whole restrict who moves when and why.

Why not have transfers 365 days a year.

I’m sorry but the reasoning is too narrow here. It’s not a ban on players moving or being prevented from changing employer; it’s just a temporary ineligibility to carry out part of their employed role. Playing matches is only part of their role. There’s probably many other industries where there are comparable qualifying criteria. The window makes clubs reluctant to recruit players when they are ineligible to play matches but it doesn’t prevent them from recruiting. 

 

For the record, I think the transfer window is a farce and offers little. 

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47 minutes ago, scram said:

It's not restraint of trade

 

and players sign fixed term contracts which are different to standard employment contracts - they are very individualised

 

Restraint of trade means stopping somebody from working - it doesn't mean paying them loads to play football

 

Once a contract is up then the player is free to move where he wants

Please don't take this as being arsey Scram but do you have any legal experience? Whilst I fully appreciate it isn't stoping a player from working it is stopping them from changing employers at what would more than likely be vastly increased salary and possibly a v large singing on fee. Imagine a young striker bangs in 10-15 goals by the middle of October and rumours abound that top 6 clubs are very interested in buying him and paying him £100k p/w on a 4 & 1/2 year deal. His current club are a bit strapped for cash so are happy to sell. Under the old system he is sold before the start of November and all parties are happy. Unfortunately after banging in another 10 goals by the middle of December he suffers a broken leg and can't complete his transfer (which would have seen him

set for life financially) and his career never recovers. His freedom to move employers and get the best financial package for himself is restricted which surely amounts to restraint of trade. If there are any solicitors out there please correct me.

Edited by damianb1

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