Question re: transfer window

[scram]

It goes back to what i said - they are fixed term contracts and are very individual with many caveats that are at the insistence of both parties

 

I don't have legal experience or knowledge - but i do know people in the game and this was explained to me by both players and PFA  reps

 

It works both ways - it might prevent a player getting their dream move but it also means clubs are beholden to players who sign contracts then go on to thoroughly dissapoint

 

BTW - i know people in what would be considered "normal jobs" on standard employment contracts who have lost new employment opportunities because the notice period at the jobs they are leaving was too long for the new company to wait

 

Is that also restraint of trade?

 

People willingly sign up to these deals so can't go moaning if they are expected to honour the terms and conditions they have agreed

Edited July 21, 2018 by scram

[nevthelodgemoorowl]

Once upon a time you signed for a club and that club held you FA registration and continued to hold it until  (1) They released you or (2) another club bought your registration.

 

This worked well in favour of the club until the maximum wage was broken. Since then power has shifted, slowly at first, but recently more rapidly in favour of the Player. 

[scram]

Just now, nevthelodgemoorowl said:

Once upon a time you signed for a club and that club held you FA registration and continued to hold it until  (1) They released you or (2) another club bought your registration.

 

This worked well in favour of the club until the maximum wage was broken. Since then power has shifted, slowly at first, but recently more rapidly in favour of the Player. 

 

 

It worked in favour the club until Bosman famously won his case

 

Now the power lies majorly with the players - especially at the top levels of the game

[McRightSide]

7 hours 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 .

 

The company I work (and pretty much all companies in our industry) for requires every employee to sign a non-compete agreement which can be then enforced if that employee joins a competitor.

 

That could mean 12-months sat out on the sidelines.

 

They have to pay (100% salary) but it’s legally enforceable.

 

One of our major competitors only pays 60% and will reduce that amount if any money is earned in the NC period (no matter where it’s earned)

[OxonOwl]

Some people sign contracts that do not allow them to leave and work for a competitor within a certain time frame.

 

In the football context every football club could be described as a competitor.

 

<edit>

beaten to it ^

Edited July 23, 2018 by OxonOwl

[oh_weds_we_love_you]

On 21/07/2018 at 15:11, damianb1 said:

One thing has always puzzled me about the transfer window and I just can't understand. 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, it simply wouldn't be allowed so why is it in football?

 

Clubs can buy players outside of the transfer window. They just can't register and play them. Think Leicester signed someone outside the transfer window recently and lost an appeal to play him immediately.

[room0035]

On 21/07/2018 at 15:11, damianb1 said:

One thing has always puzzled me about the transfer window and I just can't understand. 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, it simply wouldn't be allowed so why is it in football?

I don't think it really matters in the scheme of things though does it in the last 3 transfer windows we have signed just 3 players.

 

The introduction of transfer windows was to hike up the price of players and force teams to develop their youth systems so more youngster came through, what actually happen was clubs started carrying bigger squad. In the past you had a squad of 18 player (when only 5 subs) if you pick up an injury you either gave youth a chance or brought someone in on loan. 

[Brommers]

I must be getting old but it doesn't seem that long ago that the transfer window was introduced.

 

The windows are not ideal but all that happened under the old system the top teams would just go out a buy a new player to replace someone who got injured. This was before the Sky mega millions so imagine now. If a player was showing a bit of form so Man Utd/Citeh, Chelski or whoever would just buy them and screw up the other team.

I think the window is better now that it closes before the season starts, was a farce not knowing what your team/squad was going to be even after the season had started.

[dontCallMeOwlCallYou]

On 21/07/2018 at 15:11, damianb1 said:

One thing has always puzzled me about the transfer window and I just can't understand. 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, it simply wouldn't be allowed so why is it in football?

Because there are specific laws protecting the competitiveness of sport. The EU commission states in certain cases there can be good sporting reasons to justify some economic restrictions.