A just cause for the termination of a contract by one Party is usually the
consequence of a violation of the contract by the other Party. Article 14 of
the FIFA Regulations on the Status and Transfer of Players (RSTP) does not
define when there is a “just cause”
to terminate a contract. One must therefore fall back on Swiss Law:
accordingly, an employment contract which has been concluded for a fixed term,
can only be terminated prior to expiry of the term of the contract if there are
“valid reasons” or if the parties reach mutual agreement on the end of the
contract. The “good cause” depends on
the overall circumstances of the case. Only a breach which is of a certain
severity justifies to terminate a contract without prior warning.
Facts/Procedure
On 1 July 2012, Mr Christophe Grondin (the Player) entered into an employment contract with Al-Faisaly Football Club (the Club) with validity as from the signature date until 30 June 2014. The Player was to be provided with a monthly salary, an advance fee payable upon signature and the Player’s presence in Saudi Arabia, housing and transportation allowances. Plane tickets would also be provided for the Player and his family if needed and in case his family would come to Saudi Arabia.
In case the Player was absent from training or at any official or friendly match or in case he requested for termination of the contract, the Club would be entitled of taking back the total contract value from the Player. The vacation period was not mentioned on the contract and the date had to be agreed between the parties.
After returning in June 2013 for a few days off and...
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