According to the latest news learned by this newspaper, a number of international players, including Dai Weijun, have submitted an application to the arbitration committee of the Chinese Football Association for freedom due to the club’s salary arrears, so as to obtain the option to join other clubs.
In addition to Dai Weijun, it is said that players such as Gao Zhunyi, he Chao, Jiang Guangtai and Feng Jin also applied for free body arbitration. Dai Weijun’s lawsuit should have been ruled for a long time, but it was suspended for nearly two months.
So, according to which period of principles and regulations should these players make decisions? Should we consider allowing deferred wages and conditions attached to the admission of unpaid wages, so as not to allow players to leave freely? As a natural person, players have their own thoughts and subjective wishes, completely ignoring personal demands, which seems unreasonable. However, if the player is allowed to be free, the club will also disagree.
So, what is the standard of arbitration? Who will define it? How to ensure fairness? It is a series of problems to be solved next.
Dai Weijun was introduced by Shenzhen municipal government and Shenzu, which costs a lot. Due to his excellent performance in the CSL and the national team, he received an invitation from other CSL clubs, and Dai Weijun had already submitted an application for arbitration for his freedom on the grounds of deep salary arrears.
Then, if we make up the arrears of wages, will it affect the trend of arbitration?
If, according to the normal legal procedures and the provisions of the Arbitration Commission, Dai Weijun can’t leave if he can make up for the salary arrears before submitting his complaint; If it is completed after submitting the complaint, according to the original provisions, Dai Weijun is free. Among them, it involves a legal concept of formation right.
The right of formation refers to the right of the obligee to make the civil legal relationship occur, change and disappear according to the unilateral expression of intention. It can only be effective through exercise. Otherwise, although the obligee enjoys the right, the legal relationship will not change. The exercise of the right of formation does not take the consent of the opposite party as the element, so it has a great impact on the opposite party. Only when it is exercised in time can the legal relationship be clarified as soon as possible. Therefore, it is necessary to stipulate the exclusion period in law. During this period, the obligee’s failure to exercise the right within the time limit will lead to the elimination of the right.
The right to terminate the contract (the right to freedom) is a right of formation. Dai Weijun has the right to exercise it. This is a right conferred by law and expressly stipulated by the Chinese Football Association. As long as the player is owed more than the period allowed by the rules, and the player requests to terminate the contract, the club has no right to prevent it. Moreover, after the player proposes to terminate the contract relationship, the compensation given by the club in terms of salary can not change the legal effect of this formation right. Unless Dai Weijun withdraws the complaint after receiving the salary in arrears, or Dai Weijun voluntarily informs the club that he wants to make up the salary and withdraw the lawsuit himself. Otherwise, it all depends on the arbitration result.
Then, there is a problem that has to be paid attention to. If the underpaid club is allowed to enter, does it default that the underpaid can not become the standard for players to apply for a ruling on freedom on this ground? Otherwise, 80% of the Chinese Super League players are free. However, if changing the ruling standard is equivalent to changing the provisions of FIFA, does the Chinese Football Association have such great efforts. At the same time, even if the player requests to leave freely, it does not mean that the club is exempted from the obligation to repay the salary arrears in terms of rules and law. Unless a settlement is reached between the player and the club, the player will leave freely and give up his salary arrears.
If such a ruling is made, the significance of allowing the club to enter the club with unpaid wages will be reduced. It is not known whether more players will follow suit in the future. There is no quota for transfer this year. After this opening is opened, it is not ruled out that good players gather under a few clubs, which is obviously not what we want to see.
But if it is not allowed, the players may not accept the free body ruling made last season due to salary arrears. Therefore, this ruling principle is difficult to control. Only the Chinese Football Association solves it through “instructions”. Since the access system is agreed by the Chinese football team, it is time to assess its wisdom.
In addition to Dai Weijun, Jiang Guangtai’s next family, his joining method and salary structure are also the focus of the circle.
According to the provisions of the financial agreed indicators of Chinese Super League clubs in 2021-2023 season issued by the Chinese Football Association at the end of 2020, all salaries higher than the pre tax salary of 5 million yuan agreed in the contract are reflected in the supplementary agreement, and the final payment time of the difference part is up to December 31, 2023. In other words, the final execution date of some previous sky high price contracts can be December 31, 2023.
According to relevant regulations, as long as the two clubs agree to transfer, if players join in the form of transfer, the contract can be transferred in parallel, that is, the unfinished part of the original club can be executed by the new club. But there is a key point that players must be transferred, not free.
If Jiang Guangtai applies for a free body ruling, once established, the original contract will be terminated, and the new contract can only be signed according to the current salary standard of CSL. The transfer can also take the form of zero yuan or one yuan transfer, provided that the original Club Guangzhou team is willing to cooperate. It is said that Jiang Guangtai’s annual salary is between 2.5 million euros and 3 million euros after tax.
It is said that the three towns of Wuhan have made an idea of Jiang Guangtai, but somehow they failed to make the trip. Now, it is rumored that Jiang Guangtai’s next home may be Haigang. In addition, several international players have had an affair with him, including Zhang Linpeng and Gao Zhunyi.
As for he Chao and Feng Jin, there is no clear news at present.
At present, the Football Association urges the arbitration department to close the cases of these international players and famous players as soon as possible, so that they can find a suitable home and go through the formalities before the transfer window is closed.