Dani Olm and Pau Viktor’s right to work

No one doubts that we have come across a particularly strange situation experienced by two players of the FC Barcelona. Dani Olma and Pau Victor for the last eight days. Even beyond his status as a professional footballer, as an ordinary worker and above all in his status as a human being.

On December 31 at 23:59, both players ended their contractual “existence” playing for LaLiga. of professional football, and consequently for the Spanish Football Federation. Both organizations are responsible for approving a footballer’s license to play in our country. It is the employers’ association that has the authority to do so, and it is the federation that ultimately approves it.

So of those two footballers, ever since the bells that welcomed the year 2025 rang; They did not have the necessary “license” to be able to perform their duties as footballers at FC Barcelona.. The only thing that has survived all this time is a private contract signed by both players at the time, which acknowledges the existence of a relationship between the parties. A contract that prevented them from doing what they both love most, being able to play football.

The rule that caused all the controversy

The origin of this whole strange situation comes from rules of economic control that LaLiga exercises over 42 professional clubs in our country. A rule that forces them all to meet certain parameters because if they don’t they won’t be able to sign or register more players. In the case of Dani Olmo, Barca’s brand new signing last summer, he was able to do so last August thanks to an injury to his team-mate Christensen and the opportunity LaLiga offers them to use 80% of the injured player’s transfer. In the case of young player Pau Viktor, thanks to a small margin found last summer, he could be in the first team. But those privileges ended on December 31 when Barcelona had not resolved their financial problems with La Liga by then. He tried something until the last minute without success.

Since both remained without a license since 23:59 on December 31, and according to the rules themselves, initially they could no longer play this season for Barcelona according to the rules of the Spanish Federation in its article 130 of its general. The provision that: “A football player can be registered in only one team of the club, without the possibility of dismissal and registration in the same team during one season.except in cases of force majeure or regulatory provisions. Likewise, you cannot be registered and queue at more than three different locations during the season. The same as Article 141, which adds: “Football players whose license is revoked will not be able to obtain a license within the same season in the same team of the club to which they have already been linked.”

This is not the first time that this rule applies. There are cases like last season Amaradion herself when he was signed by Atletico de Madrid from Granada. The red and whites wanted to send him back to the Andalusian club, but found themselves with this legal limit because he was already previously registered with the Granada club. He ended up playing for Alavés. or even Gabri Veiga. The Galician left for Saudi Arabia after a few games at the beginning of last season for Celta. The Galician club wanted to renew him last winter and it was impossible due to the same rule. And there are even precedents when players could not be registered because the clubs did not comply with these economic rules. This is a case Pedro Leon in 2016 when he was a Getafe player at the time. Or later Japanese Okazaki in Malaga.

Football players in a football impasse

Barcelona managed to catch up financially by talking to LaLiga on January 3. But at first it was too late. The situation both players had to face was surreal. Not only could they not play.

Because also None of them could be loaned out or transferred by Barca to any other team in the world.. They found themselves in a football impasse. Either from our Spanish league or outside our country. In the first case of transfer, Article 158 of the General Regulations literally states that “Clubs may temporarily transfer or permanently transfer the rights arising from the registration of their professional footballers, provided that the footballer gives his consent”.

In case of transfer it is Article 160 of the same General Regulation regarding the final transfer of footballers, which states that “clubs may transfer the rights deriving from the registration and license of their footballers on agreed terms, always starting with the resolution of the initial contract, if any, and with an agreement, in anyway, a football player.

These days, footballers preferred to wait for the club to resolve the situationas it happened yesterday as a precaution. Because both, given this “suspension”, could terminate their contractual relationship with the Barca team to seek their future away from the Barca organization. At least until the end of the season. This was allowed by the same General Regulations of the RFEF in article 133 “Cancellation of the license eliminates all ties between the footballer and the club, allowing the former to be assigned to whoever wishes, both from the place of your current residence and also another, although his agreement will be conditioned by the provisions and regulations established in these General Regulations”.

why Players have the right to practice their profession, which is included in Royal Decree 1006, which has been in force since 1985 and which regulates the relationship between professional players.. In the fourth paragraph of Article 7 of the same, regarding the rights and obligations of the parties, it is clearly stated that “professional athletes have the right to effective work and cannot, except in cases of sanction or injury, be excluded from training and other activities.” instrumental or preparatory activities for the implementation of sports activities.

Also Article 4 of the Statute of workers which includes the labor rights of any worker, talks about “free choice of profession and occupations”.

It is no less true that during their studies they exercise their right to workwhich is required by the AFE and Liga collective agreement with the club. But not having a license prevents them from playing, and in the case of Dani Olm, it basically keeps him out of the national team under FIFA rules. And we face the fundamental player of Luis de la Fuente.

A dangerous precedent for the future with the rest of the clubs

And this right to work became key in the resolution that was promulgated yesterday by the Supreme Sports Council. True, this is a precautionary measure while they study the full complaint, which they have three months to do; But this measure alone indicates that in the future they will be allowed to keep their license. In its letter, the CSD talks about “the existence of immediate damages that are difficult to repair, which would affect the rights recognized by the current Sports Law of the football players Dani Olm and Pau Victor and their legal security.”

He further adds that “CSD has assessed that under Article 27 of the Law on Sports, professional athletes have the right ‘to a sports career according to their potential’ and with all guarantees and certainty”. And he concludes that “failure to take this precaution will cause serious economic and sporting damage to the club and, above all, to football players. It can also harm the interests of the Spanish team, as well as other national competitions in particular.

Thus, both football players get what they wanted so much in recent days – the right to work. But now we need to know the consequences this will entail in the future because of the precedent it sets, in terms of compliance with LaLiga’s economic control rules and federal regulations. Even so, these are marginal issues. Now Dani Olma and Pau Viktor can work and play football again.