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亚博最新域名|联赛停摆=减薪吗?疫情下各国足球联赛“减薪”相关措施汇总



发布日期:2021-05-05 00:14:02 发布者:Admin5  点击率:

The "new crown" has caused most of the global sports events to be suspended, and it has also brought huge financial pressure to professional clubs: on the one hand, the event cannot continue, resulting in loss of revenue; on the other hand, the contract continues, and the players and coaches have to pay high salaries. In order to relieve the pressure, all countries are seeking solutions. If you can't prevent the suspension of the league, you can only use your brains on the contract, but the labor contract is protected by the laws of various countries after all, and the end of the contract relationship is not what both parties want to see, so "salary reduction" has become a priority. Many countries are currently adopting measures related to "salary reduction", but these measures must comply with the laws of various countries and balance the interests of all parties, so they have received widespread attention.

“新王冠”使大多数全球体育赛事被暂停,也给职业俱乐部带来了巨大的财务压力:一方面,该赛事无法继续进行,从而导致收入损失;另一方面,合同仍在继续,球员和教练必须支付高薪。为了减轻压力,所有国家都在寻求解决方案。如果不能阻止联盟的中止,您只能在合同上动脑子,但劳动合同亚博最新域名毕竟受到各国法律的保护,合同关系的终止并不是双方都想要的看,因此“减薪”已成为当务之急。许多国家目前正在采取与“减薪”有关的措施,但是这些措施必须遵守各国法律并平衡各方利益,因此受到了广泛关注。

From April 28th to 30th, 2020, the International Football Lawyers Association (AIAF) held three webinars to discuss the measures related to the "salary reduction" in national football leagues under the influence of the "new crown". On the 28th, the measures of European countries were exchanged, on the 29th, measures of Latin American countries were shared, and on the 30th, there was a special session for Asia, Africa and the Middle East. Since each conference has nearly 10 international football law lawyers to exchange their national measures, there are more than 200 football law lawyers from all over the world, FIFA arbitrators, International Sports Arbitration Tribunal (CAS) arbitrators and club officials Participating online, so the information exchanged will be relatively accurate and comprehensive.

2020年4月28日至30日,国际足球律师协会(AIAF)举行了三场网络研讨会,讨论在“新王冠”的影响下与国家足球联赛中的“减薪”有关的措施。 28日交换了欧洲国家的措施,29日交换了拉丁美洲国家的措施,而30日则为亚洲,非洲和中东举行了特别会议。由于每个会议都有近10名国际足球法律律师交流他们的国家措施,因此来自世界各地的200多名足球法律律师,FIFA仲裁员,国际体育仲裁法庭(CAS)仲裁员和俱乐部官员在线参与,因此信息交换的内容将相对准确和全面。

As the only representative of football lawyers from China, Shanghai Hance Law Firm participated in the meeting and introduced relevant Chinese practices in the third session. Now combining the content of the meeting, we will summarize and summarize the measures involving "salary reduction" in some countries. .

作为上海足球律师的唯一代表,上海汉斯律师事务所参加了会议,并在第三届会议上介绍了中国的相关惯例。现在,结合会议的内容,我们将总结和总结一些国家涉及“减薪”的措施。 。

On the night of April 28th, Beijing time, France had already announced by its prime minister that the football match this season would not continue, so the league ended early. This also means that the club has to deal with the related problems caused by the players and coaches' contracts that cannot be fulfilled this season.

在北京时间4月28日晚,法国总理已经宣布法国足球联赛本赛季将不会继续,因此联赛提前结束。这也意味着俱乐部必须处理因球员和教练的合同而导致的相关问题,而这些问题是本赛季无法实现的。

At present, the "new crown" epidemic is recognized by FIFA as "force majeure". If the "force majeure" theory is followed, the contract caused by the epidemic cannot be performed or even terminated, or the employer will not be liable.

目前,“新皇冠”流行病被国际足联认定为“不可抗力”。如果遵循“不可抗力”理论,则由流行病引起的合同将无法执行甚至终止,否则雇主将不承担任何责任。

However, French law has a "partial activity" mechanism (Article 5-1-2-2 of the Labor Law), which is designed to prevent the termination of labor contracts and allow employers to arrange employees to engage in partial employment. At the same time, according to French law, "force majeure" can be invoked to terminate the contract and exempt from liability only when it is impossible to perform the contract. Therefore, many French lawyers and scholars believe that under the premise of a "partial employment" mechanism, it is difficult to determine that it is "impossible to perform the contract", and it is difficult to support the club's termination of the contract on the grounds of "force majeure".

但是,法国法律具有“部分活动”机制(《劳动法》第5-1-2-2条),旨在防止劳动合同终止,并允许雇主安排雇员从事部分工作。同时,根据法国法律,只有在无法履行合同的情况下,才能援引“不可抗力”来终止合同并免除责任。因此,许多法国律师和学者认为,在“部分雇佣”机制的前提下,很难确定“不可能履行合同”,也难以支持俱乐部在合同中终止合同。以“不可抗力”为由。

So how does the French "partial employment" mechanism work?

那么法国的“部分就业”机制如何运作?

First, if a club wants to apply for “partial employment” based on the epidemic, according to the March 25 decree, the club no longer needs to obtain prior review and approval, and there is no need to discuss or negotiate with players and coaches before applying. Since the players and coaches’ contracts have been protected from being terminated, they also have no right to refuse "partial employment" and cannot claim that the club breaches the contract because of "partial employment";

首先,如果俱乐部想基于这种流行病申请“部分就业”,则根据3月25日的法令,俱乐部不再需要事先进行审核和批准,也无需与球员和教练进行讨论或谈判。申请之前。由于球员和教练的合同受到保护而不会被终止,因此他们也无权拒绝“部分雇佣”,也不能声称俱乐部由于“部分雇佣”而违反了合同;

Second, the "partial employment" measures should be collective, and the club cannot make one player "partially employed" while letting another player get full remuneration;

其次,“部分就业”措施应该是集体的,俱乐部不能在让另一名球员获得全部报酬的同时,使一个球员“部分受雇”。

Third, in terms of the amount of salary, the mechanism allows employers to pay only 70% of the employees' gross salary, and the 70% of the gross salary does not need to pay social security;

第三,就工资额而言,该机制只允许雇主支付雇员总工资的70%,而总工资的70%则不需要缴纳社会保障;

Fourth, in terms of government support, employers can get 70% of the gross salary from the government (but the maximum limit is 7000 euros). In other words, for players and coaches with higher salaries, the club can receive up to 7,000 euros per person from the government.

第四,就政府的支持而言,雇主可以从政府那里获得工资总额的70%(但最高限额为7000欧元)。换句话说,对于薪水较高的球员和教练,俱乐部每人最多可从政府获得7,000欧元。

The "partial employment" mechanism has been implemented by French clubs in March and April this year. Of course, on the basis of the implementation of this statutory mechanism, the club is also trying to negotiate with the players union, including salary cuts and delayed payments. Judging from the current situation, there has not been a collective agreement to accept a salary reduction. Some clubs and players have only reached an agreement to postpone part of the salary, while other clubs are trying to reach individual salary reduction agreements with high-paid players.

法国俱乐部在今年3月和4月实施了“部分就业”机制。当然,在执行该法定机制的基础上,俱乐部还试图与球员工会进行谈判,包括减薪和延迟付款。从目前的情况来看,尚未达成接受减薪的集体协议。一些俱乐部和球员仅达成了推迟部分薪金的协议,而其他俱乐部则试图与高薪球员达成个人减薪协议。

——Speaker: Patricia Moyersoen [France], Moyersoen Avocats Law Firm, AIAF Chairman

-发言人:Patricia Moyersoen [法国],Moyersoen Avocats律师事务所,AIAF主席

Unlike France’s announcement of the end of the league this season, the United Kingdom is planning to restart the league. It has been announced that the Premier League will restart on June 8 and end the season at the end of July, completing the remaining 92 games of the season.

与法国本赛季宣布结束联赛不同,英国计划重新开始联赛。已经宣布,英超联赛将在6月8日重新开始,并在7月底结束本赛季,完成本赛季剩余的92场比赛。

If the plan can be carried out smoothly, the players and coaches' contracts will still be fulfilled. Many Premier League clubs have resumed training a few days ago, and some foreign players have also been required to return to the team as soon as possible, so the contract performance looks relatively stable. , The salary issue is not as urgent as in France, but the adverse effects still exist. On the one hand, the health problems of the players and staff at the beginning of the match are still worrying. On the other hand, even if the league resumes, the door will be locked and empty. The club can’t get the broadcast fee income and must bear the expenses by itself. It is estimated that the British clubs this season may incur a loss of more than 700 million pounds in broadcasting fees in the worst case. Therefore, the financial pressure of British clubs still exists. Some clubs are negotiating with employee representatives on issues such as salary cuts, salary cuts, and late pay, and they need to obtain the unanimous consent of employees. The problems faced by the Scottish League are similar. The difference is that Scotland has decided to terminate the second, third, and fourth level leagues this season through voting by professional football league clubs. As a result, more clubs in Scotland face salary negotiations earlier. Matters.

如果计划能够顺利进行,球员和教练的合同将仍然得到履行。几天前,许多英超联赛俱乐部已经恢复训练,并且还要求一些外国球员尽快返回球队,因此合同表现看上去相对稳定。 ,薪资问题并不像法国那样紧迫,但不利影响仍然存在。一方面,比赛开始时球员和队员的健康问题仍然令人担忧。另一方面,即使联赛恢复,门也将锁上并清空。俱乐部无法获得转播费收入,必须自行承担费用。据估计,在最坏的情况下,本赛季的英国俱乐部可能招致超过7亿英镑的广播费用损失。因此,英国俱乐部的财务压力仍然存在。一些俱乐部正在就减薪,减薪和滞纳金等问题与员工代表进行谈判,他们需要获得员工的一致同意。苏格兰联盟面临的问题是相似的。不同之处在于苏格兰决定本赛季通过职业足球联赛俱乐部的投票终止第二,第三和第四级联赛。结果,苏格兰更多的俱乐部更早地面临薪资谈判。事项。

In response to the epidemic, the United Kingdom has implemented the "New Crown Virus Job Retention Program", which allows employees to retain their jobs, and the government provides subsidies at 80% of their wages, with an upper limit of £2500 per person per month.

为应对这种流行病,英国实施了“新皇冠病毒职位保留计划”,该计划使员工得以保留工作,政府以其工资的80%进行补贴,每人上限为2500英镑每月。

——Speaker: Carol Couse [UK], Mills & Reeve LLP

-发言人:卡尔斯·库斯[英国],米尔斯和里夫律师事务所

There are currently rumors in Germany that one-third of clubs may go bankrupt, and the situation is more serious. However, based on the uncertainty of the current epidemic and the uncertainty of whether the season will continue, specific measures have not yet emerged to address the epidemic.

目前在德国有传言说有三分之一的俱乐部可能破产,情况更加严重。但是,基于当前流行病的不确定性以及季节是否会持续的不确定性,尚未出现针对该流行病的具体措施。

Germany also has a "partial employment" law similar to France. The government will subsidize 60% of each person's monthly salary, with an upper limit of 6,900 euros, but it may not help the German clubs that are currently facing difficulties.

德国也有类似于法国的“部分就业”法。政府将补贴每个人月薪的60%,上限为6,900欧元,但这可能无助于目前面临困境的德国俱乐部。

In addition, there is no clear legal provision in Germany for the suspension of contracts or automatic salary cuts. There are only some situations where bankruptcy may support a salary cut, but clubs usually do not do so.

此外,德国没有关于中止合同或自动减薪的明确法律规定。在某些情况下,破产可能会支持减薪,但俱乐部通常不这样做。

Therefore, at present, more and more German clubs are mainly trying to relieve financial pressure by negotiating with players. Some have proposed a 20% salary reduction, and some have proposed to postpone the payment of most salaries.

因此,目前,越来越多的德国俱乐部主要通过与球员谈判来减轻财务压力。有些人提议将工资降低20%,有些人提议推迟支付大多数工资。

——Speaker: Joachim Rain [Germany], Schickhardt Rechtsanwalte Law Firm

-发言人:Joachim Rain [德国],Schickhardt Rechtsanwalte律师事务所

Under the epidemic situation, the legal weapon owned by the Spanish club is called "ERTE"-the temporary employment supervision system. When the club proves that it is obviously impossible to perform the original job (such as being unable to train, play or do anything), it can suspend the contract and place the players and staff in a "temporary employment" status with the approval of the relevant department.

在这种流行情况下,西班牙俱乐部拥有的法律武器被称为“ ERTE”-临时就业监督系统。当俱乐部证明显然不可能完成原始工作(例如,无法训练,玩耍或做任何事情)时,它可以中止合同,并在获得以下方面的批准后将球员和职员置于“临时雇用”状态有关部门。

Under the "ERTE" system, employees can receive 70% of their wages from the state as subsidies, with an upper limit of 1100-1400 Euros per person per month. In contrast, employers can save corresponding expenses, but it is obviously a drop in the bill, so not many clubs choose this system.

在“ ERTE”系统下,员工可以从国家获得工资的70%作为补贴,每人每月的最高限额为1100-1400欧元。相比之下,雇主可以节省相应的费用,但这显然是一笔账单,因此没有很多俱乐部选择此系统。

In fact, a more effective way is still to negotiate a "salary reduction" with players. At present, a major Spanish club proposes to players that if the league has not resumed, the salary will be reduced by 20%; if the game resumes without spectators, the salary will be reduced by 10%. Some clubs are still watching and have not yet made a decision.

实际上,更有效的方法仍然是与玩家协商“减薪”。目前,一家大型西班牙俱乐部向球员提议,如果联赛未恢复,薪水将减少20%;如果比赛在没有观众的情况下继续进行,则工资将减少10%。一些俱乐部仍在观望,尚未做出决定。

——Speaker: Juan de Dios CRESPO PÉREZ [Spain], RUIZ-HUERTA & CRESPO Law Firm

-发言人:Juan de Dios CRESPOPÉREZ[西班牙],RUIZ-HUERTA&CRESPO律师事务所

It is not yet certain when the Italian league will resume. If it cannot resume before mid-June, the season may not be completed. The Italian Football Association is also waiting for the government's decision.

目前尚不确定意大利联赛何时恢复。如果在6月中旬之前无法恢复,则该季节可能无法完成。意大利足球协会也在等待政府的决定。

In Italy, there are no collective contract measures, and there are no specific provisions on “force majeure” in the labor-management negotiation agreement. In addition, there is no clear social mechanism to reduce the damage to families caused by the epidemic. Since the crisis broke out, the football family is still waiting for the help and guidance of the Italian government.

在意大利,没有集体合同措施,在劳资谈判协议中也没有关于“不可抗力”的具体规定。此外,没有明确的社会机制来减少该流行病对家庭的损害。自危机爆发以来,足球大家庭仍在等待意大利政府的帮助和指导。

Although there is a provision in Italian civil law that is similar to the principle of "hardship", that is, when one party becomes too difficult or unable to perform the contract, the result of this provision is often the termination of the contract rather than a salary reduction. The contract is not the club's intention, so the regulation is unlikely to be invoked by the club.

尽管意大利民法中有一条类似于“困难”原则的规定,即当一方变得过于困难或无法履行合同时,该规定的结果通常是合同的终止而不是终止。减薪。合同不是俱乐部的意图,因此俱乐部不太可能援引该法规。

Therefore, Italy mainly resolves salary issues through negotiation and negotiation. At present, the player union and professional league have held several meetings. Some clubs have reached consensus with the player union, such as Juventus and Roma, and some are still under discussion.

因此,意大利主要通过谈判和谈判解决工资问题。目前,球员工会和职业联赛已经举行了几次会议。一些俱乐部已经与球员工会达成共识,例如尤文图斯和罗马,还有一些还在讨论中。

——Speaker: Stefano La Porta [Italy], Gallavotti Bernardini & Partners

-发言人:Stefano La Porta [意大利],Gallavotti Bernardini&Partners

Belgium recognizes that the epidemic is "force majeure" and can claim suspension of the contract based on the "impossibility to perform the contract". Since Belgium does not have a “partial employment” system like France, “impossibility of contract performance” is relatively easier to determine than France, so it is possible to terminate the contract. Once the contract is supported, the club can stop paying salaries. However, at this stage, Belgium is also cautious about the "impossible to perform the contract" judgment, because it still depends on the government to decide when to resume the league.

比利时认识到这种流行病是“不可抗力”,可以根据“履行合同的可能性”要求中止合同。由于比利时没有像法国这样的“部分就业”制度,因此“合同履行的可能性”比法国要容易确定,因此可以终止合同。一旦合同得到支持,俱乐部就可以停止支付薪水。但是,在现阶段,比利时对“无法履行合同”的判断也持谨慎态度,因为比利时仍然取决于政府来决定何时恢复联赛。

Therefore, if the French club cannot terminate the contract due to the "partial employment" system after the season has been confirmed, then the Belgian club will judge whether the contract can be suspended based on whether the season continues or ends.

因此,如果法国俱乐部在赛季确定后由于“部分雇佣”制度而无法终止合同,则比利时俱乐部将根据赛季是否继续来判断合同是否可以中止。

In addition, in the Belgian social security system, there is a "public unemployment allowance" system that applies to employers in all industries. This system will allow players and other employees to receive temporary unemployment allowance, which is 70% of the gross salary, and the maximum limit is 2,352 euros for players. , Coach 2,754 euros. Most Belgian teams with lower budgets have decided to use this system.

此外,在比利时的社会保障体系中,有一个“公共失业津贴”系统,适用于所有行业的雇主。该系统将允许球员和其他雇员获得临时失业津贴,即总工资的70%,球员的最高限额为2,352欧元。 ,教练2,754欧元。大多数预算较低的比利时团队都决定使用此系统。

Of course, it is also negotiation and negotiation that is more helpful to solve the salary problem. Belgium does not have a mandatory procedure for collective labor negotiation, so the negotiation can be conducted individually by the club, the players and the coach. At present, some clubs and players have reached a consensus to lower their salaries month by month by 20%-50%; there are also agreements between clubs and players that the wages for the next 4, 5, and 6 months will only be paid for two months.

当然,谈判和谈判对于解决薪资问题也更有帮助。比利时没有强制性的集体劳资谈判程序,因此谈判可以由俱乐部,球员和教练单独进行。目前,一些俱乐部和球员已经达成共识,将他们的薪水逐月降低20%-50%;俱乐部和球员之间还达成协议,未来4、5和6个月的工资只支付两个月。

——Speaker: Sébastien LEDURE [Belgium], CRESTA Law Firm

-演讲嘉宾:CRESTA律师事务所的SébastienLEDURE [比利时]

Dutch law does not have mandatory provisions on "salary reduction", and generally it can only be negotiated by both parties. Although Dutch law also stipulates that the contract cannot be fulfilled due to force majeure, it is very difficult in practice to defend against force majeure.

荷兰法律没有关于“减薪”的强制性规定,通常只能由双方协商确定。尽管荷兰法律还规定由于不可抗力而无法履行合同,但在实践中很难抗拒不可抗力。

However, in terms of government measures, the Netherlands has issued strong financial support for the "new crown" epidemic. On March 18, the government issued a policy that if employers meet certain conditions, including not dismissing any employees, they announced that they will continue to pay 100% in full. Salaries, etc., the Dutch government compensates eligible employers for their labor costs. In view of this, eligible clubs can receive compensation for three months from the government (the monthly compensation can be up to 90% of the salary). So far, players and coaches of Dutch clubs have been paid 100%, and there has been no pay cut.

但是,就政府措施而言,荷兰已为“新王冠”疫情提供了有力的财政支持。 3月18日,政府发布了一项政策,规定如果雇主满足某些条件,包括不解雇任何雇员,他们宣布将继续全额支付100%的款项。工资等方面,荷兰政府向符合条件的雇主赔偿其劳动力成本。有鉴于此,符合条件的俱乐部可以从政府获得为期三个月的补偿(每月补偿可以高达工资的90%)。到目前为止,荷兰俱乐部的球员和教练已获得100%的报酬,并且没有减薪。

However, the Dutch government recently decided that there will be no football matches before September 1, 2020. In this case, the season will be over. In this case, it may be difficult to maintain strong government financial support for a long time, so the Dutch Football Association and the players' union have also begun discussions on a salary reduction solution. It is understood that a club is currently proposing to its employees: a larger contract with a salary reduction rate of 20%, and a smaller contract with a salary reduction rate of less than 20%.

但是,荷兰政府最近决定在2020年9月1日之前不举行足球比赛。在这种情况下,本赛季将结束。在这种情况下,可能很难长期维持强大的政府财政支持,因此荷兰足球协会和球员工会也已开始讨论减薪方案。据了解,俱乐部目前正在向其雇员提议:减薪率为20%的较大合同,而减薪率小于20%的较小合同。

——Speaker: Frans de Weger [Netherlands], BMDW Advocaten Law Firm

-发言人:弗朗斯·德·韦格[荷兰],BMDW Advocaten律师事务所

Based on the "Guidelines on Football Management Issues in Response to the New Crown Epidemic" issued by FIFA on April 7, the Chinese Football Association first organized a video seminar for representatives of professional league clubs at all levels on April 9. Representatives of professional football clubs at all levels expressed respect for FIFA and The guidance of the Chinese Football Association agrees in principle that the club and the players shall implement a reasonable salary reduction based on a uniform standard for the whole team after full consultation. The salary reduction period is from March 1, 2020 to the start day of the 2020 season league.

根据国际足联4月7日发布的《应对新皇冠疫情的足球管理问题指南》,中国足球协会于4月9日首次为各级职业联赛俱乐部代表组织了视频研讨会。各级俱乐部都表示尊重国际足联。中国足协的指导原则上同意,俱乐部和球员应在充分协商后根据全队统一的标准合理减薪。减薪期为2020年3月1日至2020赛季联赛开始之日。

Then on April 22, the Chinese Football Association issued a "Joint Statement" specifically for salary reductions, suggesting that players and coaches should reduce their salary by no less than 30% during the salary reduction cycle. There are two schemes for the payment of salary: the first is to pay the salary on time and according to the adjusted amount each month; the second is to temporarily follow the club’s local monthly minimum wage standard or 10% of the monthly salary under the relevant contract before the start of the game ( (Whichever is higher) pay wages; after the start of the game and before the end of the season, the difference that has not been paid during the salary reduction period will be made up.

然后在4月22日,中国足球协会发布了专门针对减薪的《联合声明》,建议球员和教练在减薪周期中减薪不少于30%。有两种支付工资的方案:第一种是按时支付工资,并根据每月调整亚博最新消息后的数额支付;第二种是按月支付。第二种是在比赛开始之前((以较高者为准)支付工资;在比赛开始之后和结束之前)暂时遵循俱乐部当地的最低月工资标准或相关合同规定的月薪的10%。这个季节,将弥补减薪期间未支付的差额。

At present, some clubs have started salary negotiations with players. One Chinese club has announced that it will implement a 10-50% pay cut in consultation with players and coaches. Other clubs are still on the sidelines.

目前,一些俱乐部已经开始与球员进行薪资谈判。一家中国俱乐部宣布将与球员和教练协商将薪金削减10%至5​​0%。其他俱乐部仍在场上。

It is worth noting that the Chinese Football Association is not only the manager of the Chinese football industry, but also the largest shareholder of the Chinese Super League, and its policies are often respected and implemented by clubs. However, the “salary reduction” policy this time is only a guiding suggestion and is not mandatory. It is mainly negotiated by the club, the players and the coach. The reasons may be as follows:

值得注意的是,中国足协不仅是中国足球行业的管理者,还是中国超级联赛的最大股东,其政策经常受到俱乐部的尊重和执行。但是,这次的“减薪”政策只是一个指导性建议,并不是强制性的。它主要由俱乐部,球员和教练协商确定。原因可能如下:

1. There are no professional leagues and player unions in the Chinese League, so it is impossible to discuss salary reductions through these organizations.

1.中国联赛中没有职业联赛和球员工会,因此不可能讨论通过这些组织减薪的问题。

2. There is no “partial employment” or “temporary unemployment” in China, and it is impossible to rely on government relief funds to pay employees' salaries while significantly reducing or even stopping pay. Of course, the Chinese government has provided a lot of support for the fight against the epidemic. For players who have contracted new crown pneumonia in China, the Chinese government has provided free testing and free treatment. The Chinese Super League and China League One’s "new crown" infections have all recovered;

2.中国没有“部分就业”或“临时失业”的情况,不可能依靠政府救济金支付员工的工资,同时大幅减少甚至停止支付工资。当然,中国政府为防治这一流行病提供了很多支持。对于在中国患上新的冠状肺炎的球员,中国政府提供了免费的检测和免费的治疗。中超联赛和中甲联赛的“新皇冠”感染已全部恢复;

3. For foreign players and coaches, it is not easy for Chinese clubs to negotiate salary reductions with them. Some foreign players and coaches have even clearly stipulated that obtaining 100% of the salary is a prerequisite for signing the work contract;

3.对于外国球员和教练,中国俱乐部很难与他们谈判减薪问题。一些外国球员和教练甚至明确规定,获得100%的工资是签订工作合同的先决条件。

4. In addition to introducing a fiscal balance policy similar to European restrictions on clubs, the Chinese Football Association has implemented a salary limit system for all Chinese league players since the beginning of the season. If salary reduction is discussed after the salary limit, it will protect the interests of players. It may not be enough, or there may be legal risks;

4.除了引入类似于欧洲对俱乐部的限制的财政平衡政策外,中国足球协会自本赛季开始以来还对所有中国联赛球员实施了工资限制制度。如果在减薪之后讨论减薪,它将保护球员的利益。这可能还不够,或者可能存在法律风险;

5. Generally, the total income from broadcasting, tickets, sponsorship, etc. of the Chinese Super League does not exceed 10% of the relegation team’s expenditure during the season. That is to say, in theory, even if the club does not have any income during the season, it will not substantially affect the investors or the club. Significant economic interests, and the financial pressure is relatively smaller than that of European clubs;

5.通常,中国超级联赛的转播,门票,赞助等收入总额不超过保级球队本赛季支出的10%。也就是说,从理论上讲,即使俱乐部在赛季中没有任何收入,也不会对投资者或俱乐部产生实质性影响。重大的经济利益,并且财务压力相对小于欧洲俱乐部;

6. Based on the development trend of the epidemic, the start time of the Chinese Super League will be earlier than Europe or other regions. The Chinese Football Association has prepared many preparatory plans for the start, so the epidemic will not have a particularly large impact on the Chinese league and Chinese clubs.

6.根据流行病的发展趋势,中国超级联赛的开始时间将早于欧洲或其他地区。中国足协已经为开始准备了许多准备计划,因此这种流行病不会对中国联赛和中国俱乐部产生特别大的影响。

——Speaker: Yue Xiaoyun [China], Shanghai Hance Law Firm

——speaker: Y UE ξ奥运 [China], Shanghai Han CE law firm

The Japanese league was originally scheduled to start on May 30, but it is now postponed, depending on the development of the situation to decide when to start. The Emperor's Cup competition was reduced from the original 88 clubs to 50, and the opening was postponed from May to September. There is no clear reopening date for the Women's Football League. So the Japanese league is currently on the sidelines, and some clubs and players have returned to training.

日本联赛原定于5月30日开始,但现在根据情况的发展推迟决定何时开始。天皇杯比赛从原来的88个俱乐部减少到50个,并且开幕时间从5月推迟到9月。女子足球联赛没有明确的重新开放日期。因此,日本联赛目前处于观望状态,一些俱乐部和球员已经恢复训练。

In terms of assistance, the Japanese government has announced that companies can obtain emergency funds in the form of low-interest, interest-free loans to pay employees' salaries. But in Japan, players and athletes are generally not considered employees who can receive government assistance. Therefore, the Japanese J-League mainly supports the club through financing. At present, the total amount of financing applied for by the J-League has exceeded 20 billion yen.

在援助方面,日本政府宣布公司可以以低息,无息贷款的形式获得应急资金,以支付员工的工资。但是在日本,运动员和运动员通常不被视为可以接受政府援助的雇员。因此,日本J联赛主要通过融资来支持俱乐部。目前,J联赛申请的融资总额已超过200亿日元。

Regarding the negotiations between the club and the players union, there are currently some discussions about reducing the wages of the players, but no agreement has been reached. As of last Saturday, the players union announced that it believes players can contribute to the game in more than one way. It is expected that in the next few months, there will be in-depth negotiations on the issue of “salary reduction” based on the development of the epidemic.

关于俱乐部与球员工会之间的谈判,目前有一些关于降低球员工资的讨论,但尚未达成协议。截至上周六,玩家工会宣布它相信玩家可以通过多种方式为游戏做出贡献。预计在未来几个月中,将根据流行病的发展就“减薪”问题进行深入的谈判。

——Speaker: Nan Sato [Japan], Field-R Law Offices

-发言人:南佐藤[日本],Field-R律师事务所

1. Although the "new crown" is "force majeure", it is difficult to be a reason for terminating player and coach contracts.

1.尽管“新皇冠”是“不可抗力”,但很难成为终止球员和教练合同的原因。

Advocating the termination of labor contracts on the grounds of "force majeure", the determination of "impossible to perform the contract" is very demanding. In practice, it is often difficult to determine that there is no possibility of continuing to perform the contract. Moreover, FIFA has always advocated maintaining contract stability and continuity. For the purpose, "salary reduction" is currently a more acceptable workaround.

提倡以“不可抗力”为由终止劳动合同,对“不可能履行合同”的确定要求很高。实际上,通常很难确定没有继续执行合同亚博最新域名的可能性。此外,FIFA一直主张保持合同的稳定性和连续性。为此,“减薪”目前是一种更可接受的解决方法。

2. "Wage reduction" must comply with the laws of each country, which is an international consensus.

2.“减薪”必须遵守每个国家的法律,这是国际共识。

Labor-management contracts are protected by national labor laws and other relevant laws and regulations. Even if "force majeure" affects the performance of obligations, whether the contract can be changed depends on the legal judgment of each country. Accordingly, FIFA also mentioned in the "Guidelines on Football Management Issues in Responding to the New Crown Epidemic" that "a player's employment contract should be governed by domestic laws and the principle of autonomy of the parties' will apply."

劳动管理合同受国家劳动法和其他相关法律法规的保护。即使“不可抗力”影响义务的履行,能否更改合同也取决于每个国家的法律判断。因此,国际足联在《应对新王冠流行的足球管理问题指南》中还提到,“球员的雇用合同应受国内法律管辖,并适用当事方的自治原则。”

3. Regarding the "salary reduction", countries are currently basically resolved through negotiation rather than mandatory.

3.关于“减薪”,目前各国基本上是通过谈判解决的,而不是强制性的。

First, most countries have no legal basis for compulsory wage reductions.

首先,大多数国家没有强制性减薪的法律依据。

Secondly, even if, for example, France has a "partial employment" mechanism, and if the club activates the mechanism, employees have no right to refuse, but the effect may not be better than negotiation. As a result, many French clubs still seek to negotiate with the player union while implementing the mechanism.

其次,即使例如法国拥有“部分就业”机制,并且如果俱乐部启动该机制,员工也无权拒绝,但其效果可能不会比谈判更好。结果,许多法国俱乐部在实施该机制时仍寻求与球员工会进行谈判。

In addition, FIFA also recommends and encourages the settlement of salary cuts through consultation.

此外,国际足联还建议并鼓励通过协商解决减薪问题。

4. The different degree of impact of the epidemic situation in different countries on the competition leads to different urgency of "salary reduction".

4.不同国家流行病对竞争的影响程度不同,导致“减薪”的紧迫性不同。

For example, France and the Netherlands, which have determined that this season will end early, are advancing salary negotiations with the player union. In contrast, China, the United Kingdom, and Japan, which are already preparing to restart the game, are not many clubs that have begun to negotiate salary reductions.

例如,已经确定本赛季将提前结束的法国和荷兰正在推进与球员工会的薪资谈判。相比之下,已经准备重新开始比赛的中国,英国和日本,并不是很多开始谈判减薪的俱乐部。

5. The "salary reduction" standard should be unified within the team as much as possible, and the main body of negotiation is mostly represented by the player union.

5.“减薪”标准应在团队内部尽可能统一,谈判的主体主要由球员工会代表。

Foreign negotiations involving players’ interests are mostly collective bargaining. The players’ union represents players in negotiations with clubs or professional leagues, which can play a more professional and active role in protecting the overall interests of players. The Chinese Football Association also suggested that the club implement a unified standard for the whole team on the issue of "salary reduction".

涉及球员利益的外国谈判主要是集体谈判。玩家工会代表与俱乐部或职业联赛进行谈判的玩家,可以在保护玩家的整体利益方面发挥更加专业和积极的作用。中国足协还建议俱乐部在“减薪”问题上对整个球队实行统一的标准。

 
 
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