Section 11 - Circular Provisions
The Regulations stipulate that a club wishing to hire a player who is still under contract with
another club is obliged to inform that club and the player before commencing negotiations
with either of them. The club and the player will have to be so informed simultaneously.
Failure to observe this obligation will result in a fine of at least CHF 50.000.
In addition, sportive sanctions apply in case a breach of contract actually occurs. Thus, a
club inducing another club to actually break its contract with a player, without the latter’s
consent, will be subject to sportive sanctions. Similarly, sanctions will be imposed on a club
inducing a player to actually break his contract with a club, without the latter’s consent.
Furthermore, the club, or player, having breached a contract will be subject to sportive
sanctions as well. These sanctions are spelled out below.
A player who breaches his contract during the first or the second year (or during the first
year only, in the case of a player who signed his contract after he turned 28) risks a
restriction on his ability to play in official football matches for his new club in that club’s new
season. This suspension cannot be longer than 4 months, unless there are aggravating
circumstances, in which case the suspension cannot last longer than 6 months. This is a
maximum, and the Dispute Resolution Chamber must take into account all relevant
circumstances, be they factual or legal, in fixing the duration of the sanction, in accordance
with general principles of law.
Note that a player who breaches his contract during the third year, or second year when he
signed at the age of 28 or more, normally will not be suspended from playing for his new
club, unless he fails to observe the proper notice period.
A club which induces a player to breach his contract risks being prohibited from registering
new players, either domestically or internationally, for a period of up to 12 months following
the inducement of the contractual breach. When a club seeks to register a player who has
breached his contract during the ‘protected period’ of three, or two, years, it will be
presumed to have induced the contractual breach, and will therefore normally be subject to
sportive sanctions, unless this new club can rebut the presumption.
Furthermore, a club which breaches a contract with one of its players during the protected
period, risks being prohibited from registering new players, either domestically or
internationally, for a period of up to 12 months following the contractual breach.
Finally, sanctions may also be imposed on players’ agents who are involved in a breach of
contract.
See Art. 13.2 of the Application Regulations.
See Art. 21 of the Basic Regulations.
See Art. 23.1.(b) of the Basic Regulations.
See Art. 23.2.(c) of the Basic Regulations.
See Art. 23.2.(a) of the Basic Regulations.
See Art. 23.3 of the Basic Regulations. These sanctions are listed in FIFA’s Players Agents
Regulations.
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