From BBC Sport website
http://m.bbc.co.uk/sport/football/25418135?SThisEMFootball faces a legal challenge that could result in the end of transfer fees and have as big an impact on the game as the landmark Bosman ruling.
World players' union Fifpro claims the existing transfer system contravenes law and infringes footballers' rights.
And it is preparing to challenge the system in the European courts.
"Footballers are workers, and only when they enjoy the rights enjoyed by all will Fifpro be satisfied," said the union's president, Philippe Piat.
The Frenchman added his organisation would not "stand by and watch from the sidelines as football players' rights around the world are systemically disrespected and the football industry dismantles itself".
If successful, the move could allow players to serve notice on their contracts as other workers can.
In theory, that would mean a player would be able to tell his club he wanted to leave and hand in his notice. Another club could then pay up the remainder of the player's contract and he would be able to join them without a transfer fee being paid.
Fifpro wants the European courts to review the entire football transfer system and says it has told both world governing body Fifa and its European counterpart Uefa of its intentions.
The union claims the regulations impede players' freedom of movement. It is also against third-party ownership and what it claims is the unfair distribution of wealth, with clubs able to make huge amounts of money from transfer fees and compensation payments when players move.
Fifpro argues only agents and the richest clubs benefit from the transfer system. It also claims thousands of players around the world are not paid on time and become vulnerable to criminals looking to fix matches.
Piat said a review of the transfer system was his "top priority" when elected Fifpro president in October.
"The transfer system fails 99% of players around the world, it fails football as an industry and it fails the world's most beloved game," he added.
Fifpro, which represents more than 65,000 footballers, said it would take its recommendations and complaints to the European Commission, the European Court of Justice and human rights courts if necessary.
"Despite football enjoying record amounts of revenue, football's regulatory and economic system fails miserably on numerous fronts and drives the professional game towards self-destruction," said Bobby Barnes, president of Fifpro's European division.
"Destruction through a systemic disrespect for those on the pitch. Destruction through a failure to achieve competitive balance and financial stability. Destruction through an absence of responsible governance, which invites criminals to abuse our game."
In 1995, the Bosman ruling - named after Jean-Marc Bosman, the Belgian player who brought the case before the European Court of Justice - had a major impact on football in the European Union (EU).
It banned restrictions on foreign players from the EU within national leagues and allowed players in the EU to move to another club at the end of a contract without a transfer fee being paid.
Could be interesting I think...
Comments
Presumably that would drive player wages even higher, then that surely plays into the hands of the richer clubs at the detriment to the less well off clubs?
Could that almost destroy the football pyramid as we know it?
I think if this was to go ahead then some kind of Salary cap should come in because as said, the rise in wages will then just become stupid.
Does sound a bit strange though... A player handing in his notice, signs for another club yet still has to represent his parent club until that notice has been served?? - Would that go down well with the fans, would the player put in 100% effort and risk injury?? - And it sounds exactly the same as a player handing in a transfer request.
I certainly dont agree with "Footballers are Workers" though Im afraid, once they were when they use to work in the Factories during the week but for me, Business and Sport are two things that dont go together and shouldnt go together
EDIT - Something I've just considered... I've worked in Recruitment (especially with Contracts) and many temp workers dont have the right to give notice (especially if they dont ask for it to be included), I cant imagine a Footballer or his Agent being that stupid but what would happen if they signed a two year Contract without that?
Also I think the fear about players wages will soon be sorted out. The top clubs will have all the best players and the players left will be scrabbling around looking for contracts. My prediction is that with complete freedom to move the differences in wages will grow between those at the top of the game and those at the bottom. With no transfer fees clubs will not offer players with potential long or rewarding contracts. They will be paid what they are worth today, not what they might be worth in two or three years time. This will, no doubt, reduce wages outside of the Premier League.
What many people seem to forget is that even the massive clubs can only play eleven players at a time. Those players on big money that are not worth it will be jettisoned and replaced. Players like McLeod, Mou2 and to a smaller extent Kelly Youga (who I had heard was never going to get back to his best months before his contract expired) will just be pushed out without the need to give them a massive payoff.
It might even work out better for smaller clubs. The clubs will be able to set up a fee charging system for their Academies, rather like the student loans system we have. The players agree to pay the club, let's say, £10,000 a year to benefit from the coaching etc. and that money is only ever paid if the player earns above a certain income. Thus the Academies would still be financed from the players that go on to be successful, but just not in the form of transfer fees.
As always this change will make the rich richer, and will remove protection for those that most need it.
Sad but true.
If a club signs a player on £5m a year for four years and then he gets injured or just isn't very good can they say "Cheers, he's your P45" after 6 months.
Would have been handy for Charlton when we got relegated but is that fair?
In non-league players seem to move in and out of clubs all the time. I presume that is because the contract situation is different.
Are we eventually going to have an american/MLS style draft system in which the league ultimately owns the player and the clubs have an "allocation fund" they can use to buy out player contracts? Could equally swing and hit the players harder than the clubs as people have suggested.
Hopefully then if players are under achieving, not hitting pre arranged targets they get the sack and not get paid a silly amount of money when you don't contribute, just like in the real world of work, you can;t only have it one way. It would not surprise me if this was the real driving force
Sorry @kingshilladdick - I should remember to actually press post once type things , your explanation is a lot more coherent than mine
There will need to be some kind of obligation by both parties for 'breaking a contract'. Basically if all contracts are going to be a months notice on both sides then long term injury could well mean bankruptcy for the player, and there would be no job security.
Doesn't make sense to me, suddenly you will have players on 500k a week wages as they didn't have to pay £80mil to sign them in the first place
Even if some of them get that kind of money it will be limited to the very best players as there will be alternatives that will cost so much less.
In theory, that would mean a player would be able to tell his club he wanted to leave and hand in his notice. Another club could then pay up the remainder of the player's contract and he would be able to join them without a transfer fee being paid."
Had to check the date to confirm it wasn't April 1st when I read this. What planet is this guy on? Why can't footballers simply serve notice on their contracts like the rest of us can? Could it be that it's because they are on two, three or four year deals?
If a footballer wants to be able to "tell his club he wanted to leave and hand in his notice" there's an obvious solution, sign a contract with three or six months notice on both sides. Simple. Wonder how many players would sign up for that?
The idea that current contractual arrangements work against the players is completely absurd. Fact is they seem to want their cake and be able to eat it too.
Once appropriately constructed confidentiality agreements have been signed, the Manager would be free to revert to 4-4-2,
Just like an ordinary worker!!
Hmmmm. Perhaps a two year deal with no performance conditions isn't so bad after all? God forbid that the Club which has that liability (and that's often what these long-term contracts turn out to be) actually wants something in return.
If Mr PhilIppe Piat succeeds the players almost certainly won't thank him.
As clubs will have less income they will carry much smaller squads and 'recruit' new players as and when. Assuming the transfer windows are removed there will be no restriction, so a club will not need a full squad of reserves, they will be able to go out and employ a new player on the Monday after their regular player breaks his leg - after, presumably, 'sacking' the player that can't play for ten weeks.
I also wonder what will happen to the rule that limits the number of clubs a player can play for in a season (or is it a calendar year?). It is conceivable that players could play for all of the top ten clubs in a division in the same season - I do wonder what impact that will have on the perceived integrity of the competition.
stuffbypaulbrown.com/jon-stark-footballer-of-the-future/