29th July 2014
Trevor Templeman last Friday submitted a formal request to the Malta Football Association to have permission to file a court case against Marsaxlokk F.C. One year after the end of his contract with Marsaxlokk Football Club Trevor is still property of Marsaxlokk F.C. and they are still prohibiting him from working with another club unless a compensation fee is paid. To be fair, Marsaxlokk F.C. are just abiding with the MFA regulations which stipulate that a compensation fee is entitled to clubs even if the player is out of contract.
Unfortunately in Malta, even if football players are out of contract they are not able to work with another employer (club) without a compensation fee being paid. It is even the case for amateur players who do not receive any kind of remuneration. Believe it or not they are not free to join another club.
This is something which was abolished in France in 1969, in Germany in 1979 and in almost all the other world countries in 1995 when the Bosman ruling came into effect.
In addition to the above the Malta Football Association regulations also prohibit any of their members to file a court case at the national Maltese civil courts and if any of their members including players file a court case without their permission he/she will be suspended indefinitely from any football activity.
On the other hand however FIFA which is the world governing body of football permits players and clubs to file a court case. In fact article 22 of the Regulations on the Transfer of Players stipulated that “without prejudice to the right of any player or club to seek redress before civil court for employment –related issues”.
A number of persons within clubs obviously will be strongly against this, as clubs currently make money out of it. For instance a number of players (or their parents) are paying clubs thousands of euros to be able to move freely from one club to another. Players have no choice but to either stop playing football or else accept the conditions offered by their respective club.
There is no doubt that these rules should be revisited in light of the development that has been done in other countries almost 20 years ago.
3 and a half years ago the MFA President Mr. Norman Darmanin Demajo together with the Chief Executive Officer in a meeting with the Malta Football Players Association agreed that the rules should be revisited and the President also agreed that the compensation fee at the end of a contract is unfair and should be abolished.
Last October the Malta Football Players Association was told that they will be joining in discussions with a task force committee set up by MFA to understand the issues, and be able to share their views and be able to argue their positions about the present conditions and regulations. However today almost one year after, MFPA were never invited to such meetings.
The Malta Football Players Association appeals to the MFA President Norman Darmanin Demajo and Chief Executive Officer Bjorn Vassallo to shoulder responsibility and give permission to the player to file a court case so that this discrimination issue is resolved fairly at the national court.
To work is a right of every person and there should be no exception in Maltese football. The current compensation fee on Maltese players out of contract is discriminating and prohibiting the players from exercising their right to work.
A decision will be taken this Wednesday afternoon during the MFA council.