In this article, the authors give an overview and analysis of the published jurisprudence of the FIFA DRC of the first three years that Article 14bis RSTP was in force, i.e. until 1 June 2021, regarding the termination of employment contracts with just cause resulting from overdue payables in accordance with Article 14bis RSTP.[3] The authors analysed, among others, all decisions of the FIFA DRC in which references were made to Article 14bis RSTP.[4] All the analysed FIFA DRC decisions are published on the official website of FIFA.[5]
Introduction
On 1 June 2018, several important amendments to the FIFA Regulations on the Status and Transfer of Players (RSTP) came into force. Among others, the new Article 14bis RSTP was introduced by FIFA on 26 April 2018 by way of FIFA Circular Letter no. 1625, which was introduced to address the specific circumstances of terminating a contract due to overdue salaries.[6] This provision is considered to be a lex specialis of the principle that a contract can be terminated with just cause as Article 14bis RSTP (better) defines the concept of “just cause” under the RSTP. This new provision aims at increasing legal security with respect to the...
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