SETTLEMENT OF LABOR DISPUTES IN FOOTBALL

Trung tam phap luat the thao

Which agencies have the competence to settle labor disputes in the football field? How to prepare documents and carry out procedures to resolve labor disputes in football? … All the above issues relevant to resolve labor disputes between football players and clubs will be shared in this article. If you need any assistance and consultation from sports lawyers, please contact Sport Law Center via Phone/Zalo/Viber/Whatsapp: 0973.444.828.

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Common labor disputes between players and clubs

Disputes between football players and clubs are civil conflicts. Labor disputes in clubs are diverse. Based on the consulting and assisting experience in settlement football labor disputes, Sport Law Center list some common reasons that lead to labor disputes in clubs as follows:

Disagreement over interests between the player and the club

The reasons lead to these conflicts are:

Disputes over salary and bonus payment
Disputes over working conditions;
Disputes over social insurance and other labor regimes; …

Disputes on premature termination of the contract

New occurrences compared to the original agreement

At the time football players and clubs sign labor contract or training contract, it is clarified the related rights and obligations of parties. However, the labor contract has not yet foreseen the arising cases; Or there is a contingency plan, but one party may suffer disadvantages if the original agreement is performed. Some typical cases include:

The player has a serious injury that affects the performance;
A third party wishing to receive player transfers;
The player goes to military service or is expelled and can no longer plays for the club; …

It can be seen that the football labor disputes are relatively diverse. Therefore, the jurisdiction to settle sports disputes also belongs to one or some different agencies.

Authority to resolve player and club disputes.

Disputes between players and clubs can take many forms; governed by the laws and regulations of the football federation. Therefore, the authority to resolve labor disputes between players and clubs belongs to many agencies and there are conflicts between these agencies.

Competence to settle disputes between clubs and players is regulated as follows:

Dispute settlement at VFF

The Vietnam Football Federation (VFF) is the organization that manages and operates all football activities in Vietnam. VFF is currently a member of the International Football Federation (FIFA); Asian Football Confederation and Southeast Asian Football Confederation. In its jurisdiction, VFF is the agency that settles football-related disputes including labor disputes. Dispute resolution is carried out according to professional football regulations.

Specifically, Article 61 of Decision 224/QD-BNV in 2010 stipulates the VFF’s jurisdiction to settle disputes between players and clubs as follows:

Article 61. Arbitration Court

LDBDVN may establish an Arbitration Court to resolve all internal disputes between LDBDVN and its members, players, officials, player representatives and match organizers that are not within the scope of settlement. of the Complaints Settlement Committee and the Disciplinary Committee. The BCH must make special provisions on the structure, procedures and powers of the Arbitral Tribunal.

Dispute resolution at FIFA.

The settlement of players and clubs labor disputes at FIFA is carried out by the Dispute Settlement Body (DRC). This agency is responsible for resolving disputes similar to VFF but international. For example, labor dispute of football players with a foreign club; or foreign players playing in Vietnam….

Competence to settle separate labor disputes.

Labor mediator

Labor mediator is a person appointed by the President of the People’s Committee of the province to mediate labor disputes, disputes over vocational training contracts; support the development of labor relations.

Labor disputes must be resolved through the mediation procedure of the labor conciliator before asking the Labor Arbitration Council or the Court for resolution, except for the following labor disputes that are not required to be resolved through mediation:

Handling labor discipline in the form of dismissal or unilateral termination of the labor contract;
Compensation for damage, allowance upon termination of labor contract;
Regarding social insurance according to the provisions of the law on social insurance, health insurance, unemployment insurance, insurance for labor accidents and occupational diseases in accordance with the law on occupational safety and sanitation. motion;
Disputes between the outsourced employee and the outsourced employer;…

Labor Arbitration Council

When asking the labor arbitrator to settle disputes between players and clubs, there are a number of issues to keep in mind:

Both parties must agree to bring the dispute to this agency for settlement;
Not to ask both the Arbitrator and the Court to resolve player disputes at the same time;
If one of the parties fails to execute the dispute settlement decision, the other party has the right to request the Court.

Competence to settle football labor disputes of the People’s Courts.

The court is the authority to settle all disputes, including labor disputes and other civil disputes. In order to determine the specific jurisdiction of the Court, a number of principles must be followed:

The court in which the respondent resides, works or is located.
If there is a dispute about compensation for damage, benefits on termination of labor contracts, social insurance, health insurance, unemployment insurance, rights and benefits related to employment, wages, income and other working conditions for the employee, the plaintiff who is the employee may request the Court of the place where he/she resides or works for settlement.

Sport Law Center – 0973.444.828

Conflict over jurisdiction to settle football labor disputes between players and clubs.

Currently, the jurisdiction to settle sports disputes, including football labor disputes, is overlapping between agencies. Especially between legal agencies and football governing organizations. FIFA and VFF have the contents specified in the charter and regulations specifying the competence to resolve disputes related to football. Accordingly, the football organization minimizes the intervention of state agencies in dispute settlement.

The rights to settle labor disputes between players and clubs in the Charter of the Vietnam Football Federation are as follows:

Article 62. Competence to settle disputes

LDBDVN, its members, players, officials, player representatives and match organizers are not allowed to bring any football-related disputes to courts in the state system, except in those schools. special circumstances set forth in the FIFA Statutes and Regulations. All disputes must be submitted to the arbitration body of FIFA, AFC, AFF and LDBDVN.

If you have problems with determining the jurisdiction to resolve labor disputes in football, please contact a Sports Lawyer directly at: 0973.444.828 for support.

Dossier to request VFF to settle football labor disputes

Question:

Hello Sports Lawyer. My name is Pham Trung H. I am currently works at a sports unit in Hanoi and having some problems with labor contract. I want to ask if I file a lawsuit against at VFF, what documents do I need to prepare? Are there any issues to take note of? I hope a lawyer can help me. Thank you.

Attorney’s Advice.

Hello Mr. H. Sports Law Center would like to answer your questions as follows:

Preparing a file to initiate a dispute is the first step to open the dispute settlement procedure at VFF. Accordingly, the party requesting a lawsuit needs to prepare the following documents:

Application for dispute settlement;
Documents related to the case;
Documents to substantiate the applicant’s claim;
Other documents and evidence to assist in the settlement of the case.

Note: The application form needs to be made in Vietnamese and has basic contents such as:

Names and addresses of the parties to the dispute;
Present the content of the case, specific requirements and grounds for making the request;
Signed by the applicant or by a person authorized to represent the organization, if the applicant is an organization.

The document preparation step is extremely important because if it is missing, it will lead to a delay in time (due to additional documents) and the application will not be resolved (if it cannot be supplemented as required).

Contact a lawyer to consult and participate in sports dispute resolution: 0973.444.828

Procedures for resolving player and club disputes at VFF

Dispute settlement at VFF is carried out according to the following process:

Step 1: Prepare documents to request VFF to settle football labor disputes

To request VFF to settle a labor dispute between a player and a club, the requesting party needs to prepare the following documents:

Application for dispute resolution. The application must be written in Vietnamese and contain all the required contents;
Documents attached to the application: Are documents and evidences related to the case. Example: Labor contract; evidence proving the breach of obligations by one party; …

Step 2. VFF Receive the required documents.

After receiving the dossier, the dispute settlement agency will notify the applicant about the validity of the dossier. Then there will be two possibilities:

In case the dossier is not secure: The dispute settlement agency requires additional or complete valid dossier within 5 days. At the end of the time limit, applications that are still not properly completed will not be considered for settlement.

In case the dossier is secured: Dispute settlement agency considers and settles it.

Step 3. Processing of dossiers.

During this stage, VFF will review the supplier’s records. In some special cases, the dispute settlement agency may convene the parties to participate in the direct resolution session organized by the agency. The entire working session will be recorded and certified by all parties.

Step 4. Decision-making phase to resolve player disputes.

Dispute settlement agencies hold closed discussions. In the case of a presentation by the litigant, the discussion will take place when the party has finished presenting. Decisions of the dispute settlement body are adopted by majority vote, each member participating in the settlement has 1 vote.

At the end of this period, the dispute settlement body will issue one of the following decisions:

Dispute resolution decision.
The decision to recognize the conciliation between the parties to the dispute.
To decide to suspend or terminate the dispute settlement if there are grounds to obstruct the dispute settlement or there is no longer a reason for dispute settlement.

Above is the procedure for resolving player and club disputes at VFF. Readers who have any problems related to sports, need a lawyer for legal assistance in sports, please contact directly at: 0973.444.828 (Phone/Zalo/Viber/Whatsapp)

Cost of resolving football labor disputes at VFF

Dispute settlement costs.

The cost of dispute settlement at VFF is determined based on two factors:

The scale of the case;
Records and documents the customer needs to collect.

If a party causes unnecessary costs due to the conduct of that party, it may be required to pay the costs caused by itself regardless of the outcome of the settlement of the case.

Cost of handling football labor disputes

The cost to settle the case is 3% of the value of the case, but in any case the cost of settling the case is not less than 300,000 VND.

Dispute settlement claimant is responsible for paying an advance in cash or transferring to the account of VFF in the amount of 300,000 VND immediately upon filing the request. This cost will not be refunded under any circumstances.

Sports dispute resolution representative service.

Sports Law Center is a pioneer in the field of sports law. For disputes, Sports Lawyers assist clients in resolving issues such as:

Legal advice on sports;
Assist in drafting petitions, petitions for dispute settlement;
Consulting, receiving authorization to participate in the process of collecting missing documents and records;
Receiving and studying customer profiles; Provide solutions to optimally protect the interests of customers;
Working on behalf of clients with competent agencies, organizations and individuals;
Participating in the process of negotiation, negotiation and conciliation with the disputing party;
Lawyers representing players and athletes protect their legitimate rights and interests during court proceedings.

Currently, the Sports Law Center provides legal services to assist in resolving sports disputes. If you need legal advice to protect your legal rights. Please contact us via one of the following methods:

Working with Lawyers directly at Ho Chi Minh office: No. 33, Street 4, Ward 7, Go Vap District, Ho Chi Minh City.
Hanoi office: No. 32 Do Quang, Trung Hoa ward, Cau Giay district, Hanoi.
Da Nang: No. 48 Mai Di, Hoa Cuong Bac Ward, Hai Chau District, Da Nang,
Ha Tinh office: No. 24 – 26 Phan Dinh Phung, Nam Ha ward, Ha Tinh City, Ha Tinh Province.