While the group stages of the African Cup of Nations (CAN) have just ended, five coaches have already left their posts. This is an opportunity to recall FIFA regulations which provide that a member federation cannot unilaterally and early terminate the employment contract of the coach of its national team without just cause. The FIFA Football Court and the CAS (Lausanne Court of Arbitration for Sport) also consider that the non-achievement of a sporting objective by the national team cannot constitute a just cause.
While the group stages of the African Cup of Nations (CAN) have just ended, five coaches have already left their posts. This is an opportunity to recall FIFA regulations which provide that a member federation cannot unilaterally and early terminate the employment contract of the coach of its national team without just cause. The FIFA Football Court and the CAS (Lausanne Court of Arbitration for Sport) also consider that the non-achievement of a sporting objective by the national team cannot constitute a just cause.
Jean-Louis GASSET (Ivory Coast), Djamel BELMADI (Algeria), Chris HUGHTON (Ghana), Adel AMROUCHE (Tanzania) et Jalel KADRI (Tunisia) have already left their position as coach while the final phases of CAN 2023 have not even started yet.
These departures, which generally follow disappointing sporting results in major international competitions, constitute a common phenomenon in the world of football.
Several examples demonstrate this: Luis ENRIQUE (Spain), TITE (Brazil) and Gerardo MARTINO (Mexico) after the 2018 World Cup, or even Fernando SANTOS (Portugal), Czeslaw MICHNIEWICZ (Poland) and Roberto MARTINEZ (Belgium) after the Cup of the World 2022…
If the circumstances and reasons for these departures vary from one case to another, it sometimes happens that they take place in conditions contrary to FIFA rules which guarantee the stability of the employment contracts of the selectors and assistant coaches of the national teams of national football federations.
This is an opportunity to remind you that it is impossible for a national federation member of FIFA to unilaterally and early terminate the employment contract of the coach (and/or assistant coach) of its national team. (I)on the grounds of non-achievement of a sporting objective (II).
I. Regulations: the impossibility of unilaterally and early terminating an employment contract without just cause
I. Regulations: the impossibility of unilaterally and early terminating an employment contract without just cause
Among the FIFA regulations, the Regulations on the Status and Transfers of Players (the latest updated version of which, on the date of this article, will come into force on 1er February 2024) contains Annex 2 entitled “Rules relating to the employment of coaches”.
This annex defines the rules relating to employment contracts between selectors or assistant coaches and professional clubs or member associations (national football federations).
It provides that, in principle, the employment contract of a coach (and/or an assistant coach) of the national team must be executed until its end unless an agreement between the parties is reached:
« 3. Respect of contracts: A contract can end only upon expiry or by mutual agreement. »
Compensation for termination without just cause is generally equivalent to the residual value of the prematurely terminated contract.
In the event of early termination (before the end of the employment contract) and in the absence of agreement between the parties (termination at the initiative of only one of the parties), the party initiating the termination must pay compensation if she does not assert any just cause:
« 4. Termination of contract for just cause: 1. In the presence of just cause, a contract may be terminated by either party without payment of compensation. » 1. In the presence of just cause, a contract may be terminated by either party without payment of compensation. »
« 6. Consequences of a breach of contract without just cause: 1. In all cases, the party having broken the contract is required to pay compensation. »
II. Jurisprudence: the refusal to consider the non-achievement of a sporting objective as a just cause
II. Jurisprudence: the refusal to consider the non-achievement of a sporting objective as a just cause
The FIFA Football Tribunal considers that the failure to achieve a sporting objective does not constitute a just cause:
“In light of the principle of contractual stability, a contract cannot be terminated unilaterally for the sole reason of non-achievement of a specific, collective and particularly ambitious sporting goal. »(Decision of the FIFA Players' Status Committee of October 6, 2020).
The Lausanne Court of Arbitration for Sport (CAS) has had the opportunity to rule on the subject on several occasions. He also recently validated the analysis of the FIFA Football Court by confirming the condemnation of the Cameroonian Football Federation (FECAFOOT) to compensate its former coach to the tune of 1,6 million Euros due to the rupture anticipated without just cause of his employment contract.
Finally, it should be noted that any coach of the national team (and/or assistant coach) of a member federation, who would like to contest the termination of his employment contract which he considers abusive, has a period of 2 years from the termination to refer the matter to the competent chamber of the FIFA Football Court:
“The Football Court does not deal with cases subject to these regulations if more than two years have passed since the event giving rise to the dispute. Compliance with this deadline must be examined ex officio in each case. » (Article 23 Football Court, 09 Jurisdiction, Regulations on the Status and Transfer of FIFA Players)
