Look at it CSD resolution on FC Barcelona’s appeal and its request for precautionary measures It can be concluded that the labor rights of the players are starting to take on an unexpected role and therefore become important a tool for obtaining administrative precautions.
Failure to register Olm and Pau Victor with FC Barcelona will result in what is known in the workplace as a breach of the right to effective employment. to the extent that they could not participate in the matches that their club would play. This right means, in general terms, that every worker must be able to perform their duties, a circumstance that would not occur if they did not have a federation license.
In these cases the player can sue the club and seek termination of the contract with the consequences of unfair dismissal.
Part of Art The allegations made by FC Barcelona relate to economic damage which would trigger this possible termination of the footballers’ contract. In the particular case of Daniel Olm, he expressly included this possibility in his contract.
This is a working option that should obviously remain in the contractual realm between the club and the player.However, the CSD considered this argument valid, inter alia, for assessing the request for precautionary measures.
We are talking about a precedent that is particularly relevant as one wonders why the same argument could not be used by any club in a similar situation. logically adjusting it to the size of each club, which for FC Barcelona represents a serious damage – according to the club between 50-500 million -, this serious “economic damage” can also be relevant for any club with a smaller budget.
Reflecting on the labor rights of athletes and in the face of the sensitivity shown by the CSD We could mean that the right to work efficiently for these two players cannot infringe on the work rights of the others to the extent that the decision constitutes clear discrimination. against players belonging to different football clubs and subject to competition rules and budget limits. In this decision, two players were privileged over the rest.
In this sense it is possible conclude that the common interests of the players have not been weighedonly one or two. If this decision allows clubs to default on their financial obligations and go into debt, thus returning to ghosts of the past such as disproportionate debt, the damage to the group will be much greater.