There is an unjustified non-appearance at or leaving of the working place when the employee is absent for a certain amount of time and the employer can reasonably assume that it is not in the employee’s intention to return and that his decision is final. This is particularly true if the employee is summoned to return to work or to justify his non-appearance (for instance by means of a medical certificate) and does not comply or is unable to provide a just cause. The compensation for breach of contract may be stipulated in the contract in accordance with Article 17.1 of the FIFA RSTP. Sanction may not be requested by the Club suffering for an unjustified breach of Contract.
The regime which provides that if the club decides to terminate the employment contract, it shall pay the remaining contract value for the season of termination while if the player decides to terminate such contract, it shall pay the remaining contract value in full leads to a system which disproportionately favours the club, which, in practice, can establish a long-term employment relationship with a player and rescind it after one year only.Facts/Procedure
In May 2009, Raja Club contractually accepted to transfer the Player to the Club. It was undisputed that the Transfer Agreement entered into force and that the transfer fee was paid. The Agreement obliged the Club, inter alia, to take part in all activities related to the Club, to avoid any negotiation with any other club and to only quit United Arabs Emirates if the Club first issued a written permission. If the Club terminates the contract while effective, it should pay to the Player the remaining contract value for the season of termination and if the opposite case happened, the Player should pay to the Club the remaining contract value in full from the date of termination. Furthermore, a provision stated that if the Club was to be relegated, the Player would automatically be freed.
On 6 December 2009, the Player was subject to an in-competition doping control. The laboratory which conducted the analysis of the Player’s...
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