adminGrace Chingoma
Senior Sports Reporter
THE Footballers Union of Zimbabwe have challenged ZIFA to fully explain the guidelines for the expiring contracts of players.
There has been chaos on the domestic football scene as clubs and players struggle to implement the guidelines.
FUZ have warned the game risks running into a legal quagmire as the guidelines are not as clear as they should be.
This follows the wrangle between Bulawayo Chiefs and their former player, Perfect Chikwende, who encountered challenges in getting his International Clearance Certificate after signing for Tanzanian outfit Simba SC.
FUZ president, Desmond Maringwa, said clubs should not misrepresent the contents of the guidelines, which he said were just recommendations, with no legal backing.
The ZIFA Congress endorsed the guidelines, with input from FIFA, which encourage clubs and their employees to engage in negotiations, following the expiry of contracts, in December.
“We are appealing to clubs that they should not misrepresent facts to mislead the players because of that circular from ZIFA,’’ said Maringwa.
“Those were just recommendations to try and help a bad situation but there still has to be consent from the player, if there has to be any alterations, to the contracts.
“A contract becomes null and void on the day of expiration and it’s not automatic that it carries over to the next season because there was a force majeure which disrupted the football season.
“So, ZIFA should clarify their statement.
“There are clubs that are abusing the privilege they have in their relationship with players.
“I think the football people should be educated about these issues.
“Guidelines are just guidelines. They are not mandatory rules or legal requirements.
“The circular that came from ZIFA were just guidelines to enable employers and employees to go on the negotiation table.
“The problem is with the interpretation. Some have interpreted these guidelines to suit their own agenda to the detriment of the other party.”
The guidelines, which were endorsed by the ZIFA Congress recently, were sent to all the clubs after chaos threatened to cast its shadow on domestic football.
The guidelines encourage negotiations between clubs, and their players, whose contracts were supposed to end on December 31 last year.
Maringwa told The Herald it was regrettable ZIFA did not consult them, as a key stakeholder, and a body which represent players’ welfare.
They have since written to ZIFA about the anomaly.
“We take this opportunity to express our regret that, so far, FUZ has not been involved in the discussions regarding the delay of the commencement of the football season, even though we are affiliated to FIFPRO and are an essential stakeholder in Zimbabwe,’’ wrote Maringwa.
“This is even more regrettable since FIFA — in the FIFA Covid 19 Guidelines — instructed its member associations to engage with player’s unions on domestic level.
“(This is stipulated where FIFA says), where the relevant social partners (e.g. a players’ union, coach association) exist, the MA should engage those parties, in good faith negotiation, prior to the issuance of any national guidelines.”
Maringwa said FIFA, in their Covid-19 regulations, clearly spelt it out that clubs and football associations could not unilaterally alter terms of the contracts without the consent of the players.
ZIFA regulations encouraged dialogue, advising the parties, that:
(a) Where an agreement is due to expire at the original end date of the season, such expiry be extended until the new end date of the season, or alternatively, in the event that the 2020 season is called off, the end date of the next ensuing season.
(b) Loan transfer agreements, which are due to expire at the original end date of the season, are extended until the new end date of the season, or alternatively, in the event that the 2020 season is called off, the end date of the next ensuing season.
(c) Employment contracts, which are due to commence at the mid-season break, are extended to expire at the new mid-season break to be set by the governing relevant ZIFA affiliates.
(d) Where an agreement is due to continue at the original start date of a new season, such commencement be delayed until the new start date of a new season.
(e) Notwithstanding the aforementioned recommendations, parties are to abide by the contractual obligations in respect to payment of the agreed salaries, and other payments due to the players during the subsistence of the contract.
“The aforementioned guidelines are in line with the general guidelines made by FIFA and are amended so as to suit our season and circumstances,” reads part of the ZIFA guidelines.
Online Reporter