Only four Corgoň League clubs without debts – Myjava, Slovan, ViOn, and Žilina

It has somehow become common that players wait for months to get paid by their clubs. What leverage do professional footballers have to claim the money they are owed? We sought the answer in a wide-ranging discussion with several experts.

ONLY FOUR DEBT-FREE
In 2006, a permanent arbitration court (RS) was established at the Slovak Football Association (SFZ), replacing the former arbitration commission. “We are an independent body for resolving disputes that arise within the football movement. Previously, this was handled by the arbitration commission, but its decisions had no status of a court ruling with an enforceable title, so they had no effect outside the association. In contrast, our verdicts are final rulings with no right of appeal,” explained RS chairman Juraj Kuráň, who has led it since its inception seven years ago.

According to him, the arbitration court had far fewer cases in the past than in recent years. “Previously, we recorded about 15 disputes per year, later the number doubled, and in 2013 it will approach 50. This shows that the legal discipline in the football movement at the Corgoň League and First League levels in Slovakia has a strongly negative trend when it comes to fulfilling obligations.”

The RS receives various types of claims, but 80 percent involve disputes between a player and a club. Most often, these concern clubs’ failure to meet financial obligations, but they also handle disputes between clubs, between a football agent and a player, or between an agent and a club.

“In most cases, players represented by lawyers are successful. It can’t be said universally, because here the law is decisive, and when contractual conditions are poorly set – and many footballers don’t even read their contracts – they can only wonder. Sometimes we are surprised ourselves... Our advantage over a general civil court is that we also take football customs into account so that decisions are based not only on the law but also on fairness. Unfortunately, unlike in football, there is no draw here – there can only be one winner,” Kuráň continued.

In his seven years as RS head, he has seen many claims, but four Corgoň League clubs have never been sued by players: “Myjava, Slovan, Zlaté Moravce, and Žilina. All other clubs, including those relegated from the top division, have faced some claim.” The most frequent target? “In 2011 and 2012, most claims were filed against Dunajská Streda. Currently, we have only two active cases involving FK DAC 1904: player Konečný is suing for over €30,000, which is a very complex case, and player Králik has also filed a claim – though in this case, the club has filed a counterclaim. We have already ruled on the other cases involving Tomčák, Kováč, Harsányi, and Bognár, and these were not small amounts.”

Besides Dunajská Streda, which has drawn the most attention for debts to players, other clubs also have problems. “We’ve seen a significant rise in cases involving Banská Bystrica – seven lawsuits were filed against them this year alone, for large sums. We also have ongoing cases against Trnava, Dubnica, Nitra, Ružomberok, Košice, and Prešov...”

Not every claim succeeds from the player’s perspective – it depends on the contract wording – but if the player wins, the case is essentially resolved. “A written verdict with reasoning must be prepared within 30 days and then delivered to the parties. Since our rulings cannot be appealed, they are final and enforceable. Most clubs comply, but if they delay, the SFZ disciplinary commission can impose sanctions, including suspending the team’s activity. A player can also contact a bailiff, who can seize the club’s property,” Kuráň explained. Today, claims typically involve €20,000–€30,000. “There is no lower limit, but... the condition for starting proceedings is a fee of 4.5 percent of the claim amount, but at least €663.88. That’s why players try to resolve smaller debts on their own.”

A further problem, according to Kuráň, is when footballers play without signed contracts. “Then proving what was agreed between the club and player is very difficult. But that is a topic for a separate discussion involving players, their associations, club representatives, and SFZ officials,” Kuráň added.

THINKING AHEAD
A very interesting view on this issue came from sports analyst and football agent Jozef Tokos, who represents, for example, our current first-choice national team goalkeeper Ján Mucha. The 38-year-old law graduate admitted that he often deals with unpaid wages for his players. “Unfortunately, that’s how it is. We are currently dealing with one case in Hungary that is on its way to FIFA’s Dispute Resolution Chamber. Recently, this FIFA body handled my cases from Cyprus, earlier from Portugal, and also from Hungary. In the Czech Republic, I dealt with unpaid wages from several clubs – Baník Ostrava was already facing enforcement proceedings, as was Viktoria Žižkov in the past. Only after filing with the FA CR arbitration body did two other clubs reach out-of-court settlements with my clients. In Slovakia too, there have been and still are clubs in both top divisions that do not pay,” began the former external adviser to the Minister of Education, Science, Research, and Sport for sport.

According to Tokos, it is important that players think ahead and secure regular income in this way: “One of the criteria for choosing a club should be its financial stability and seriousness. I don’t recommend players join clubs that don’t pay. If they do, then only with good contracts and safeguards – for example, advance payments.”

In disputes before FIFA’s Dispute Resolution Chamber, Tokos says the chances of obtaining agreed funds are very high if the player can convincingly prove his claim. “The same applies to the SFZ Arbitration Court, which has so far fulfilled its role quite well. But there is a lack of public disclosure of cases online, something FIFA has been doing for almost 10 years,” said Jozef Tokos and continued: “Few cases conclude within six months – most take about a year, a year and a half, sometimes more. And that’s too long, considering this is sports arbitration, not a civil court.”

So what needs to change for debt recovery to be faster and more successful? “Clubs should agree with players on contractual terms they can meet regularly, even if it means lower sums than before. This might lead to semi-professional players, which will likely be the reality in many clubs in the second tier in the coming years. Players should think carefully before registering with unstable and unreliable clubs. Suitable awareness campaigns from associations or competition organizers would certainly help,” Tokos concluded.