China Super League (soccer league)
The league is on fire, but the problem of unpaid wages still exists, after Rong Hao and Yin Hongbo both sent microblogs to ask for wages, which also sparked a lot of controversy in the industry and society. Now, the players who revealed the salary demand, is still only a small part, but in fact, the salary arrears in the
China Super League (soccer league)
It is a common phenomenon that if we don't attach great importance to it and come up with practical solutions, then once this time bomb explodes, the negative effects it will have on the league and the Chinese football team.
national soccer team
The impact of the ball is immeasurable.
So what kind of a mess is this? How can it be untangled?
2021.
China Super League (soccer league)
The salons are struggling to survive, and the submission to the center of the
national soccer team
The highest organization in the world for dealing with workplace disputes - the Chinese
national soccer team
The lawsuits of the Adjudication Committee of the Association (hereinafter referred to as the Adjudication Committee) have broken the previous record. Never before has the Adjudication Board been as busy as it has been this year.
national soccer team
The ball has always been in a state of burning money, coupled with the access mechanism is still vetted quite strictly, about the unpaid wages of the glue in the
China Super League (soccer league)
There are relatively few dimensions.
But an epidemic and the announcement of the salary limit order, all the players work contract signed from scratch, the bulk of the dispute arose. If it was once an individual as a unit, now often the same salon as a subject of application, the players collectively sued. Whether it is the amount of money involved in the lawsuit, or a variety of materials based on the complexity of the case, plus the middle A, B mentioned the petition, the 2021 season of the adjudication of the Commission, just to all the case files to organize, to confirm which can be filed, which is not enough basis can not be filed to explain the reasons to the applicant, has now been burnt out.
In such cases, the Adjudication Board has adopted the principle of categorizing and prioritizing representations.
If you want to be free due to unpaid wages, and then make yourself available for an early transfer to a team, such cases are prioritized.
The first to give the player status judgment, not delay the player to find the next home, as for the unpaid wages glue when to compensate, put it to the back side to say.
With regard to those who do not want to finish their contracts, or perhaps are still under contract, but are pursuing past salary arrears, these are hung up for the time being without judgment
(The specific reasons for this will be explained later.) In addition, there are also a considerable number of claims that have been forcibly laid off by the salon and it is difficult to find a replacement, and they expect to continue to fulfill the contract or get the due compensation according to the contract, and they have not been given a final judgment. As to when the results will be available, according to the rules of the Adjudication Board, it is in line with the rules as long as they are given within six months of the commencement of the adjudication process.
However, even international players such as Rong Hao and Yin Hongbo have exclaimed that there is pressure to support their families due to salary arrears, and other players, especially many players at the bottom of the ladder, have suffered even more. Players facing enormous pressure to repay their loans, not a few, some even said, do not know whether they can still live in the house until the day of ruling results down, perhaps not wait to recover unpaid wages, the house will be taken away by the bank.
Rong Hao revealed that former TEDA boss Stielike got his unpaid salary due to his appeal to FIFA. This is not an isolated and individual case.
China Super League (soccer league)
A lot of foreign aid and coaches have left this year, most of them are friendly breakups, and unless the compensation is huge, the settlement is usually clear.
The salons are dealing with the issue of foreign aid in different ways, as long as the salons still want to introduce foreign aid, or perhaps not consider quitting this season, they have to plug the loophole that owes foreign aid and foreign coaching salaries, and it is necessary to plug it.
But why is it that our players are able to owe money up front?
The reason is very simple, in addition to foreign aid and foreign teachers can appeal to FIFA, more importantly, FIFA hand has a death-defying kill move, once the salon does not cooperate to maintain the integrity of the contract, it is able to limit the breach of contract salon in the transfer, not in the introduction of foreign aid on the issuance of a promise, in this case, the replacement of the foreign aid of the road is blocked, the Chinese
national soccer team
The association also dare not violate the ban of FIFA, and restrictions will be imposed in the domestic transfer market. Because of this, the Jinmen Tigers have paid back the money owed to Strikers, and only in the summer window did Jin Yangyang and others join the team, otherwise, the road to attracting reinforcements is blocked, they
relegate
Maybe it's even harder.
The reason why the money of our players salon is not in a hurry to return, in addition to our players can not appeal to FIFA, more importantly, the strength of our players themselves, as well as not or lack of and irreplaceable, far less than foreign aid. A few years ago, when the transfer market burned the most money, some salons signed a lot of sky-high contracts, sober over the inability and unwillingness of the contributors to continue to pay the bill, especially after the retreat of some of the contributors, the remaining plate no one to pick up, signed the contract has become a hot potato.
Among the cases that the Adjudication Committee has accepted in the current year, there are a number of cases that are based on very clear grounds, which are categorized as separate breaches of contract and for which the salon should be compensated, but in many of these cases, the Adjudication Committee is not in a position to adjudicate.
Why? The reason is very simple, because there are several salons that owe wages on a large scale, and it is impossible to adjudicate only one case without adjudicating the others. The adjudication committee has also exchanged views with the salons in arrears, and many salons have revealed that once they are adjudicated to be required to make full compensation for the arrears of wages, they will not rule out the possibility of withdrawing from the game. If they are unable to repay, they will have to choose bankruptcy and liquidation, then some of the existing players will face unemployment, and the situation may be even worse.
The league is underway, and if something were to happen at this point, and if a team did quit as a result, it would have a negative impact on the integrity of the league, the long-term interests of most players, the interests of the league's sponsors, and the overall image of China's working leagues.
It can be said that any judgment is a matter of one hair affecting the whole body, so many cases, in addition to Rong Hao, Zheng Kaimu and other people's representations for more than two months without any follow-up, there are also some domestic coaches and players' representations, the same stone sinking into the sea.
Contract is reality, arrears of wages is also reality, shortage of funds, can not continue to pay high salaries is the same reality. Players to defend their rights and interests is right, but the salon can not get so much money to pay is also a reality, confrontation, how to solve?
In accordance with the FIFA 2021 player status and transfer regulations, the contract part of the description for "resolutely maintain the integrity of the contract, a useful contract can only be stopped in two ways, the first is the expiration of the contract fulfillment, and the second is the negotiation between the two sides in the case of both sides agree to stop." From the player's point of view, the ability to stop the contract with a valid reason (but it is necessary to pay the corresponding economic compensation), and the player contract has a maintenance period, the player and the salon, regardless of which party, in the maintenance period for non-legitimate reasons for breach of contract, are subject to the corresponding economic and athletic aspects of the double punishment.
But it was all built in a time when the soccer market was great, the guidelines were perfect, and with funders crowding into the soccer world, we all took our contracts particularly seriously. Regarding many of the current
China Super League (soccer league)
As far as Sharon was concerned, nothing was more important than staying alive, and as for fame, morality, and the spirit of contract, they were all put aside for the time being.
At the beginning of the year there are a number of teams, directly tell the player to terminate the contract, without any exchange, in accordance with the Labor Contract Law (hereinafter referred to as the Contract Law), based on the player's years of operation in the salon, every year will give one month's salary compensation, less than six months according to six months.
In other words, a player who has played in a saloon for two years and has three years left on his contract will only receive two months' compensation before having to leave. That is to say that a player who has played in the salon for two years and still has a three-year contract left unfinished, can only get two months of his own salary compensation, it is necessary to leave. Regarding the player's claim that the direct completion of the contract is unreasonable, the salon believes that it has given the player freedom, which is the greatest compensation.
If you follow this logic, all contracts can actually be voided at any time, as long as the salon gives the player a free pass to convert the annual salary into months of salary compensation.
However, it is clear that the adjudicating committee does not recognize such a theory, exactly, the middle
national soccer team
Everything is subject to FIFA working standards, and the contracts of working players are subject to labor law (since it is a superior law) but cannot be reproduced exactly on the model of contract law (since labor law is general and the law is weaker than the lex specialis in a specific field of work, which is the soccer world).
Soccer players are not like the general sense of the workers, ordinary workers do not exist to find a special window of work, soccer players in the search for work in the scope and channels and time have too much particularity, therefore, if all the copy contract law judgment of the contract of our players, obviously contrary to FIFA's standard of work. Although our players can not be appealed to FIFA, but if the black and white on the judgment is really only in accordance with the general sense of the contract law and completely do not take into account the special nature of the work of the judgment, once exposed, the ruling committee to become the laughing stock of the world football.
The adjudicating committee and the salons also disagree to varying degrees on termination and liquidated damages, and it's not clear who can convince whom, and as a result, many cases have been delayed indefinitely from giving a final judgment.
However, the players do not know all this, so many people on the Internet to expose the wage claims and denounce the inaction of the Adjudication Board, but things are not as simple as the players think. When we understand all this, we will find that this is not the adjudication committee alone a department can be resolved, and in order to prevent more similar things in the future, the need to have a more perfect mechanism and rules.
So, do the unpaid wages just drag on and not get resolved? Perhaps for the sake of their livelihoods and jobs, the current players will put up with the humiliation, and perhaps the two sides will reach a deferred discounted payment agreement to settle the matter. But about those whose income is already low and who are now
demobilize
In the case of players who are owed wages again, who will do justice? Obviously, one can only rely on the Chinese
national soccer team
The concurrence, the condition, is that they are willing to take that responsibility.
This time, the large-scale non-payment of wages is not only to solve some disputed contractual issues, but also to sweep away some dangers, so that the payroll can return to rationality, so that similar things will not arise in the future, which will damage the Chinese
national soccer team
Ball image.
In reality, there is a large part of the players were forgotten, including the former LiaoZhou, QianZhao, overpass and other salon players, they have paid, but the salary and hard-earned money has always been owed, and following the disappearance of the salon, this group of players have become the victims of the local court to the contract in the contract has a covenant, the boycott can only be resorted to the work of the Association on the grounds of the refusal to accept the pleadings; and the
soccer league
It shows that the targets of the representations are now not working members and lack the power to enforce the law to do justice. Therefore, they have no recourse.
Obviously, in the work rules, there are defects, and salon default cost is too low, some contributors "random" in and out of the completion of their own land, advertising or other business purposes, leaving a chicken feather on the run. Now, many salons are carrying out equity changes, in addition to sharing the pressure of funding, there is also the supervision of the contributors.
As a working association, the Central
national soccer team
The Association should make adjustments to the entry qualifications and default costs to minimize the continued unchecked emergence of irrational contributions leading to hasty withdrawals, which then cause significant losses to practitioners who are not at fault for their work, and even to the work as a whole.
As things stand now.
soccer league
The adjudication committee should negotiate with the salons and players, so that both sides of the calm communication, can be the best of grace and harmony; from the point of view of the players, should also be appropriate understanding of the salons, looking at the overall situation, trust most of the glue, is able to be resolved.
