What are your rights if you are referred to the B team as a professional football player?
As a professional footballer, being referred to the B-squad is a situation that happens more often than you think. Many players experience this as a signal that their position within the club is uncertain. But what are your rights as a player in such a situation? Can a club just do this, and what are the legal consequences? In this article we explain how you are legally protected as a professional football player and what steps you can take if you are sent to the B team.
Contractual rights of a footballer
As a professional footballer, the relationship between you and your club is laid down in an employment contract. In some cases you are assigned to the A-core in that agreement. This means that you must be given the opportunity to train and play with the first team. Clubs may not simply change these agreements without valid reasons. A reference to the B core may therefore conflict with your contract, especially if your contract explicitly states that you belong to the A core.
Legal protection: the collective labor agreement for professional football players
In addition to your personal contract, the collective labor agreement (CAO) for professional football players also offers important protection. This collective labor agreement prescribes that a player must be given maximum opportunities to play and train in the first team. Clubs may not simply change training conditions or relegate a player to the B team as a disciplinary measure, unless this is expressly stated in the employment regulations. The right to quality training and facilities is an important element of this protection.
Reference to the B-team: Disciplinary measure or sporting choice?
An important legal distinction is whether the reference to the B team is a disciplinary measure or a sporting decision. In the event of a disciplinary measure, such as when a player is punished for refusing a contract extension, this may be grounds for the player to terminate his contract for cause.
However, if the club can demonstrate that the decision to refer a player to the B team is purely sporting (for example due to an injury or physical disadvantage), it becomes more difficult for the player to justify a unilateral contract termination.
For example, in the De Beule (Lokeren) case, the Belgian courts ruled that a unilateral contract termination could be accepted. In contrast, in the Dahmane case (B-core), a unilateral contract termination was not accepted. The decisions at the CAS also depend on the specific circumstances.
What can a player do if he is referred to the B team?
If, as a professional football player, you are referred to the B team and you believe that this is the result of a disciplinary measure or it is clearly stated in your contract that you are part of the A team, there are some steps you can take:
- Notice of default: Send an official letter to the club stating that the club is committing a contractual error. This is an important first step that carries little risk, but it could put further strain on the relationship with the club.
- Unilateral termination of contract: If the club does not rectify the situation, you may consider unilaterally terminating your contract due to a serious breach of contract. However, this can entail risks. If a judge rules that there was no compelling reason for the termination, you may be held liable for termination compensation.
Legal consequences for clubs
It is important for clubs to understand that referring a player to the B team is not without legal risks. If this happens without a valid reason, the club can be sued for breach of contract. This can then lead to damages or even the unilateral termination of the contract by the player. This can not only damage the club financially, but also cause reputational damage.
Conclusion: Football players are protected
As a professional football player you have strong contractual and legal rights that prevent you from simply being referred to the B team. If this does happen, there are several steps you can take to protect your rights. It is important to seek legal advice from a sports law lawyer and carefully consider the steps you take.
Are you, as a football player, referred to the B team and do you want to know what your rights are? Contact our office for professional legal advice. Our lawyers specialize in sports law and are happy to help you tackle your situation legally.
Further questions? Do not hesitate to contact us on 09/334.94.70, via contact form or via sport@everest-law.be.