Article 18.4 olf the FIFA Regulations on the Status and Transfer of Players (RSTP) does not directly address the situation of a player who is injured or unwell during the course of his employment. Nevertheless, the rationale underlying Article 18.4 RSTP is relevant throughout the employment relationship between a club and a player. Therefore, an employment contract cannot either terminate automatically or be terminated unilaterally with just cause on the basis that a player is found, after the contract of employment has been signed, permanently unable to continue his professional career.
An absence of 5 days by a professional football player from his club/his obligations, even if supported by documentary evidence, cannot be considered a just cause to terminate a contract, particularly not without any previous warning. Only a breach or misconduct which is of a certain severity justifies termination of a contract without prior warning, a premature termination of an employment contract can always only be a ultima ratio.Facts/Procedure
The Player has had a heart condition that manifested itself in an abnormal electrocardiogram. This has occurred all along the Player’s career. This was not an impediment for the regular development of the Player’s career. The Player was a roaster member for some several internationally-renowned clubs. He had always informed his clubs about his condition.
Although only one set of medical tests had always been sufficient to give him the “all-clear” and sign the contract, in the present case, the Player underwent two medical examinations at the request of the Club prior to entering into the Contract; one in Qatar on 25 May 2010 and one in London on 27 May 2010. The test showed that the Player was able to play normally. In any event, the Player stated that during the first set of medical tests in Qatar the attending doctors had his medical file from his former club (Bolton) and from the hospital to...
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