Can Athletes playing in Ukrainian teams ask for contract termination? Understand.
Most Brazilian players who played for Ukrainian teams left the country amid the invasion of Russia. There is no prospect of when they will play again as the local championship is interrupted. There is a discussion as to whether athletes can ask FIFA to terminate their contract in the future due to the conflict and not being able to perform their duties.
Brazilian athletes were in at least six different teams across Ukraine. Among the clubs were Shakhtar Donetsk, Dynamo Kiev, Metalist and Dnipro. They left the country by various means, either by car or by train to the border. And now?
Specialist in actions at FIFA, lawyer Eduardo Carlezzo points out that the interruption of the championship alone does not guarantee a contract termination. This can occur if athletes are unable to perform for a long time. "The simple fact that the championship has stopped, at least at this moment, is not a justification for the players to terminate their contract. However, if the state of war continues for some time, preventing players from exercising their duties, it may give rise to just cause for a possible termination", explained the lawyer.
"It is not a simple matter, because the just cause does not arise from a legal or contractual breach by the club. In fact, the club is as much a victim as the athletes. However, these are issues that can reach FIFA and whose solution is not simple."
Carlezzo understands that there are previous cases of force majeure that can be used as a comparison and have already had actions in FIFA. Among these cases is the Chinese championship, which had a greater interruption than other countries due to the Covid-19 pandemic. The lawyer has also defended players who left Syria in the midst of the war.
"I already did something in Syria. It was in the first two years of the war in Syria. I had a case, I don't remember if I went to get the break or just delayed salary. There, there must have been the ability to seek termination for just cause of several players", Carlezzo said.
There is the possibility of some sort of deal that will stop the war and allow players to return to Ukraine and their homes. But, if that doesn't happen, it will be the disciplinary courts of FIFA and the CAS that will have to decide the rights of athletes and clubs.
