Through the conveyed news by FIFPro, the Football world has revisited the drama of players contractually “prisioned” to defaulted clubs. Rafael Kneif is another face.

What would happened if Portugal’s current legislation would allow a club on the verge of “bankruptcy”, with three, four or five months of behind salaries, “block” the affected athletes the possibility to promote the withdrawal of the employment contract and, therefore, the sporting untying?

Well, the Romanian legislation, when it comes to insolvency matter, converts the described scenario into reality. Until the Club’s financial restructuring is finished, the employment relationship is maintained.

The failure to pay the salaries, the additional absence of other means of livelihood, specific to who chooses a foreign country to develop their sportive career, enhances a catastrophic result.

Rafael Kneif and dozens of others players in the same situation reflect the lack of player’s protection and the FIFA’s regulation ineffectiveness to solve the problem in the sportive plan.

Even without considering the Romanian legislation preposterous, that sacrifices the right to a salary and the freedom of the worker (while right to ending the employment relationship in front of the employing entity’s default), the truth is that the procedure imposed by FIFA to assure the fair termination grounds of the employment contract, based in retribution default of payment, it’s too time-consuming. The failure inferior to three months is not considered serious enough for the athlete, reliably, “sets himself free”.

In front of such lack of protection, we renewed the caution message for the portuguese players that leave in the search of new professional challenges overseas. The intermediary repute verification and the gathering of informations about the financial situation of the clubs are all elements to be considered. Romania, in particular, represents a risk that must be properly weighted.

Article signed by João Oliveira (lawyer of the Portuguese Players' Union - SJPF).