Emilo Silviero, Senior Legal Advisor of WFC, noted, "The WFC Players' Fund has played a key role in assisting players in distress. We look forward to working hand-in-hand with the Association's Counseling Committee to continue this program and provide ongoing support to the players, the core strength of the game. At the same time, we are continuing to take steps to refine the legal system in an effort to address the issue of player salary arrears." Roy Vermey, Legal Director of the WFC Mentoring Committee, also said, "The WFC Players' Fund has once again proven itself to be a vital safeguard for players across the globe. It is undoubtedly tough for players to face the plight of having their wages stripped without cause. The establishment of this fund by the World Football Association is a turning point for many players and will perhaps serve as a model for other national and regional soccer governing bodies to follow."
2. The five main criteria for reimbursement
It is worth mentioning that the three players registered with the CFA received a combined compensation of $98,000, a news that sparked widespread concern in China and even inspired Chinese players currently suffering from unpaid wages to bravely make a similar claim to the World Football Association. It also gives Chinese players who are owed wages a glimmer of hope.
However, just from the World Football Association's announcement, it does not specify whether the three players registered with the CFA are local or foreign players, and due to the lack of personal information and proof of identity, it is also impossible to determine which clubs the local players who have received the compensation are from, so this may not have any practical reference value for a large number of Chinese players who are owed wages at the moment. Of course, this announcement from the World Football Association actually sends a message that there may not be a small number of players worldwide who are owed wages, and that the World Football Association has taken practical action to help some of these players solve their wage problems.
If we further review the relevant documents of the FIFA, we will find such a grim reality: the vast majority of Chinese professional players who are owed wages basically do not have the possibility to apply for compensation from the FIFA Fund. According to the Protocol Governing the FIFA Fund for Football Players issued by the World Football Association in June last year, only players who meet the following five criteria for unpaid wages are eligible to apply for compensation. Compensation is divided into two categories: one is more than $50,000 and up to $100,000; the other is less than $50,000. Of course, unpaid players can make multiple claims for compensation.
So, what exactly do these five criteria include? Details are as follows:
1. The club (during the period of execution) is affiliated to a member association, the amount of remuneration is specified in the contract of employment between the player and the club, and the player is owed remuneration in whole or in part.
2. The player has received a legally binding decision, ultimately made by a judicial authority, that he or she is unable to receive all or part of his or her remuneration from his or her former club. This includes, but is not limited to: the Court of Arbitration for Sport; a decision-making body subordinate to a Member Association (e.g. a national dispute-handling chamber); a decision-making body of the World Federation of Association Football; a national tribunal or a special court. In exceptional circumstances, the Counseling Committee may violate or disregard this principle.
3. The club has been formally recognized or declared by the appropriate national or world authority that it is legally or financially impossible for the player to recover unpaid remuneration by any legal or conventional means. This includes, but is not limited to: if the club has been declared insolvent; if the club has been liquidated; if the club is in the process of bankruptcy. In exceptional circumstances, the Counseling Committee may violate or disregard this principle.
4. In accordance with article 3 above, the Club has issued, in the member associations to which it belongs, that the player has received a final and legally binding decision. Or, similarly to article 2 above, which has become unenforceable through national or world-class courts or special tribunals.
5. The Player has exhausted all national or world-class sporting and judicial procedures and it is no longer possible to recover outstanding remuneration through normal legal procedures. This includes, but is not limited to, applications to national and/or world level economic protection funds.
If a player who is owed wages meets the above five conditions or criteria, the player can go to the official website of the World Football Association (WFA), fill in the relevant information and formally apply to the WFA Players' Fund. The application will then be reviewed by the Steering Committee, which is a joint committee of the World Football Association and the World Professional Players Union, and a final decision will be made.
3 Few in our country are eligible
Against the five criteria above, it is easy to see that the vast majority of Chinese professional players who are currently owed wages probably do not meet these criteria. This is because the vast majority of Chinese players currently owed wages are still signed by clubs that are registered with the CFA and are still preparing for the new season of the third tier professional league. In this case, players who are owed wages do not meet the requirements of Article 3 and are not eligible to apply for compensation. This is one of the reasons.
Secondly, even for Guizhou clubs that have not passed the CFA's admission criteria and will not be able to participate in the new season of the professional league, because there is no final decision from the corresponding national legal body, and the players have not received the final decision from the corresponding national legal department or body, the players are unable to provide the World Football Association with the supporting documents, and therefore will not receive the recognition of the "World Football Association Players' Fund". "The player will not be recognized by the World Football Association Players' Fund.
Of course, since the World Football Association (WFA) mentioned in its announcement on April 7 that three players registered with the Chinese Football Association (CFA) had been compensated without further clarification, it remains to be seen under what circumstances a Chinese player can formally apply for compensation from the WFA Players' Fund.
It has to be said that the domestic soccer community is still a blank slate in terms of soccer justice. The development of professional soccer in China still has many legal gaps to be filled. Moreover, like the World Football Association Players' Fund is a project plan jointly launched by the World Football Association and the World Professional Players' Union, while the development of Chinese professional soccer to this day, not to mention the professional players' union such institutions, even similar professional league such institutions are still in the preparatory stage, so I am afraid that there is no way to talk about safeguarding the interests of the players. However, players, as a vulnerable group, need more protection.
