Toni Roca: “De Jong did not commit a crime when he renewed his contract with FC Barcelona” Toni Roca: “De Jong did not commit a crime when he renewed his contract with FC Barcelona”
The FC Barcelona it is difficult to prove that the four players who agreed to modify their contracts in October 2020 (Of Jong, Ter Stegen, Hammered and Lenglet) to reconcile the required culés accounts, there was no illegality in declaring those agreements null and void. Despite the fact that in the last few hours it has been leaked that in the Camp Nou they are considering the judicial route to denounce these four cases (especially that of Frankie de Jong) it is a legal lever that is difficult to articulate In the opinion of Toni Roca, CEO of the Sports Law Institute and director of the office specializing in football Himnus.
“The players, to my understanding, have not committed any crime, just because they were asked to help the club at a critical moment with a salary reduction that led to the logical requirement of having some kind of consideration in return, either in the form of more years, or in the form of a salary increase in future years. In his vision, “It is complicated for FC Barcelona to take this case to justice”, because the process “It would take years and by the time everything is resolved, the players may not even be part of the club anymore”.
“It is more of a negotiating weapon with the risk of a boomerang effect, because the judicialization of this entire process could cause reputational damage. what’s more, There is always the threat that unions such as AFE or FIFPRO denounce the club’s actions”, adds Rock.
However, Roca warns that the affected players, especially Of Jong, neither they can accuse to the FC Barcelona of extortionnor could they sue the club for mobbing, as the Dutch players’ union is suggesting.
“So far De Jong has not lost a euro from his contract, he has not suffered a deterioration in his dignity as a worker nor has he been discriminated against: he has not been separated from the training of the first team or from the American tour. What’s more, the club has only spoken good words towards his person, ”he analyzes. “I don’t think we are facing a crime of extortion but rather a simple negotiation for economic issues in which Barça is playing a little ‘to the limit’“, repeat.
Toni Roca clarifies that the crime of Unfair Administration that would entail the possible illegality of these four renewals “Only the people who have the power to manage a third party’s assets will be liable, that is, the president and other members of the previous Board of Directors.. In no case the players. For them the only consequence would be a potential annulment of their contract”, he adds. The penalties for Unfair Administration are provided for in articles 249 and 250 of the Criminal Code and set penalties ranging from prison from 6 months to 3 years, or prison from 1 to 6 years and a fine of 6 to 12 months when certain circumstances occur.
The risk of losing the signings
These cases are part of the race against the clock that FC Barcelona is leading to comply with the rules of the salary limit of LaLiga and to be able to register the signings that have been made throughout this summer. The CEO of the Sports Law Institute emphasizes that FC Barcelona risks losing the incorporations it has made if, finally, they could not be registered in LaLiga.
“It would be something similar to the club leaving them without a number. Article 16.2 of the famous Royal Decree 1006 of 1985 establishes that the termination of the contract for this reason produces the same effects as unfair dismissal without readmission. That is the player would be free and could request compensation from the club”, analyzes.
The non-registration of a signing in LaLiga does not entail his immediate release on the market, but to be considered a free player he must first report his situation and wait for the judge to resolve the complaint in his favor to release him from the contract with the club.
The lawyer recalls that no club can threaten to leave a footballer without a dorsal to force his departure. “The Royal Decree establishes that the players have the right to effective occupation. If a club violates this right (and leaving them without a number is violating it) the footballer is also empowered to terminate the contract that binds him to the club”, concludes Toni Roca.