The global outbreak of the new Coronavirus (Covid-19) has caused the suspension of all football activities and made it impossible for the parties to fully comply with their contractual obligations. Due to the outbreak, FIFA has made some recommendations on the football regulatory issues and shared them with all national federations in order to protect the players, coaches and clubs.
In order to avoid the potential contractual disputes between the parties and maintain the financial well-being of our players, coaches and clubs during this unprecedented situation, with the aim of encouraging reconciliation between parties and in line with the FIFA recommendations, the Executive Committee of Turkish Football Federation (TFF) decided on the following recommendations regarding the contracts at its meeting dated 06.05.2020 and numbered 31:
Recommendations on The Contracts
Due to the fact that the football economy has been disrupted by the Covid-19 outbreak. Having regard to the solutions proposed by FIFA, in order to prevent the contractual disputes and ensure that clubs, players and coaches adapt to the new economic conditions, TFF makes the following recommendations to parties:
1- Before all else, it is recommended that clubs and players/coaches mutually redetermine the contract terms for the time period where the competition has been suspended, in accordance with the Turkish law and also considering the economic conditions caused by the Covid-19 outbreak.
2- In cases where the parties cannot reach a mutual agreement, if clubs decide to vary terms and conditions of contracts unilaterally in accordance with the general legislation, Legal Committees of TFF shall consider the clubs' compliance with the following conditions:
a) Whether the respective club had attempted to reach a mutual agreement with players and coaches;
b) The current economic situation of the club due to the Covid-19 outbreak (whether the outbreak disrupted the club's economy), the calculation of the damages to the club caused by the Covid-19 outbreak, (including but not limited to; sponsorship and matchday revenue loss, cost increase in contracts executed in foreign currency due to exchange rates, club's store sales loss, etc.);
c) The extent of the amendment made to the contract, whether this amendment is reasonable and proportionate;
d) Whether the net income of the player or coach was determined after the amendment to the contract;
e) Whether the contract amendment and deduction rates applied to the entire squad including the player and technical staff or only to a specific player and coach.
3- Alternatively, in cases where clubs decide to suspend agreements in accordance with the general legislation and for the time period covering the suspension of competitions due to the Covid-19 outbreak, Legal Committees of TFF shall consider clubs' compliance with the following conditions:
a) Whether proper insurance conditions were ensured for players and coaches during this period;
b) Whether adequate alternative income support / opportunities were provided during this period;
c) Whether contracts between clubs and employees were suspended during this period;
d) Whether the respective party was duly informed via a written notification about the suspension of agreements.