In recent developments, Marko Simic made headlines in the national and international football community by invoking a unilateral resignation from Persija Jakarta, primarily due to unresolved salary disputes. Simic, a Croatian footballer, alleged that the club—colloquially known as the Kemayoran Tigers—had not disbursed his salary for a year. Upon attempting to assert his entitlement, he found himself sidelined on the bench. As a consequence, Simic considered escalating the matter to FIFA, the governing body of world football, to address his grievances regarding unpaid salaries.
FIFA has established specific protocols concerning salary arrears within the framework of the Regulations on the Status and Transfer of Players (RSTP). Notably, the latest modifications, effective March 2022, elucidate the conditions under which players may unilaterally terminate contracts due to outstanding wages. According to Article 14bis of the RSTP, players hold the right to terminate their contracts if they have not received salary payments for a minimum of two months beyond the due date as stipulated in their agreements. Such a termination, however, necessitates the provision of a formal written notice to the club, urging them to fulfill their obligations within a 15-day grace period before proceeding with the termination.
Furthermore, FIFA’s guidelines also take into account scenarios where players are not compensated on a monthly basis. In these instances, the minimum payment to be honored will be prorated based on the two-month period referenced in the contract. Notably, individual agreements must also reflect compliance with the legal stipulations of the players’ respective countries, as articulated in the RSTF version published in 2021.
Despite the stipulation allowing contract termination after two months of unpaid wages, it is crucial to emphasize that clubs do not possess the authority to repeatedly defer salary payments. The emerging situation around the COVID-19 pandemic has not introduced alternative provisions for contract renegotiation, as outlined by FIFA in their guidance documents. Thus, only the provisions recognized within the RSTF and the labor laws pertinent to each nation hold sway.
Should a club fail to meet its financial obligations, the repercussions are significant. FIFA’s regulations, particularly articles 9 and 24 from the March 2022 edition of the RSTP, outline severe penalties for offending clubs. Such repercussions might include prohibitions on registering new players or sanctions comprising warnings, fines, annulment of match results, forfeiture of matches, and even points deductions. In egregious cases, clubs may face demotion to lower divisions or a ban from competitions, alongside potential rescission of previously won championship titles.
In conclusion, the case of Marko Simic against Persija Jakarta underscores the critical need for clubs to adhere to FIFA regulations regarding player remuneration. The outcomes of such disputes not only affect the players involved but can have far-reaching consequences for the clubs themselves.
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