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Author Topic: How can a player walk out on a club and he under contract?  (Read 1962 times)

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Offline Sam

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How can a player walk out on a club and he under contract?
« on: September 03, 2017, 06:04:43 AM »
How can a player walk out on a club and he under contract, he can't get in trouble?

Atletico Madrid advise Diego Costa to return to Chelsea training
BY JACK RATHBORN


Atletico tells Costa to return to Chelsea

Diego Costa has been advised by Atletico Madrid to end his Chelsea exile in Brazil and return to help push through a January move back to the Spanish capital, reports the Mail.

The Spain international has refused to return to the Blues' Cobham base this summer after being frozen out of Antonio Conte's first-team plans.

The 28-year-old has complicated his exit by insisting on an Atletico return, which failed to be finalised before Friday's La Liga transfer deadline.

Los Colchoneros aren't prepared to meet the Premier League champions' 50 million valuation, though they have offered 40 million for their former striker, with a prompt return to training now recommended to ease tension ahead of a January move.

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Offline congo

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Re: How can a player walk out on a club and he under contract?
« Reply #1 on: September 03, 2017, 10:46:57 PM »
Employment contracts have both express and implied terms in them. Express terms would be the ones that are agreed to on paper such as wage and working time etc. Implied terms would be stuff like mutual respect etc. So if Conte did send a text telling Costa that he is not in his future plans then that would be a breach of contract and Costa can sue for constructive dismissal due to being unlawfully demoted (having to train with the u23s or alone) etc.

Chelsea back back when they realised how sticky it could get. That text from Costa could be everything.

Offline spideybuff

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Re: How can a player walk out on a club and he under contract?
« Reply #2 on: September 04, 2017, 12:12:53 PM »
One foot after the other usually..
You either die the hero or live long enough to become the villain

Offline Mad Scorpion a/k/a Big Bo$$

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Re: How can a player walk out on a club and he under contract?
« Reply #3 on: September 07, 2017, 08:33:26 AM »
Employment contracts have both express and implied terms in them. Express terms would be the ones that are agreed to on paper such as wage and working time etc. Implied terms would be stuff like mutual respect etc. So if Conte did send a text telling Costa that he is not in his future plans then that would be a breach of contract and Costa can sue for constructive dismissal due to being unlawfully demoted (having to train with the u23s or alone) etc.

Chelsea back back when they realised how sticky it could get. That text from Costa could be everything.

Managers telling players they are not in their plans is industry standard in football and would not be sustained as a valid breach argument in any legal forum.  The means of communication may seem harsh/crude depending on your outlook, however it has become a somewhat acceptable means of communication in the digital age. A football club that has contracted a player retains that players rights until such time the contract is no longer enforceable. Sending a player to train in the reserves is well within their powers and as such will not be viewed as a dismissal.  In fact Chelsea can easily argue that despite the manager's statements, Costa remains a player under contract with the club and in the interest of preserving his value, they need him to be training and fit, should he be called upon to perform.  His refusal to return despit being ordered to by the club is actually a breach, which is why they could fine him part or even all of his entitled wages until he returns withoul legal repercussions.

It is in everyone's best interest that he is training at the club whether with seniors or reserves. Him not being there hurts his transfer value and his aspirations to move on.  The reality here is that Chelsea holds the cards and Costa can pout till he fall asleep without being able to force the club's hand.  Great player but mentally deficient, this would have probably been done with had he just kept quiet and went about the business.  Instead he try to make out Conte and it has backfired.

Offline palos

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Re: How can a player walk out on a club and he under contract?
« Reply #4 on: September 07, 2017, 10:54:47 AM »
It is in everyone's best interest that he is training at the club whether with seniors or reserves. Him not being there hurts his transfer value and his aspirations to move on.  The reality here is that Chelsea holds the cards and Costa can pout till he fall asleep without being able to force the club's hand.  Great player but mentally deficient, this would have probably been done with had he just kept quiet and went about the business.  Instead he try to make out Conte and it has backfired.

Put yourself in the players boots for a moment

This is Diego Costa.  Not Diego Martin

He is a world class striker, and football teams EVERYWHERE crave a striker that knows how to put the ball in the back of the net.  If you think I lie....ask Dennis Lawrence.  A striker is the single greatest commodity in football.  PERIOD

Diego Costa is one of the best STRIKERS in football.

He has been told by his club that he is no longer in their plans.   He won't be in their first team.  He gets to train with reserves and the 2nd team if he wants.

Meanwhile...there are teams EAGER to sign him.   But Chelsea won't sell him.  He's told them he wants to be sold to Atletico Madrid.  Atletico Madrid want to sign him.  But still Chelsea won't sell him.

He must sit there and take it while Chelsea playing chess with his livelihood?

And because he UNDERSTANDABLY acts up, he branded as mentally deficient and a malcontent?

What if it were you in the situation?  Easy for you to eat yuh biscuit and hush yuh mout while people f**king around with your career?
Carlos "The Rolls Royce" Edwards

Offline Mad Scorpion a/k/a Big Bo$$

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Re: How can a player walk out on a club and he under contract?
« Reply #5 on: September 07, 2017, 11:13:47 AM »
Palos, I not mad @ Diego yuh kno. In fact I am one of only a handful (it would seem) of Chelsea fans that would have preferred this was handled differently. Given who Diego Costa is his reaction is not in the least bit surprising.  Furthermore it was a smart play because he managed to make himself look like the victim in all of this.  In reality the club just grew tired of the yearly "I want to leave/I don't like London chant and decided in January that this summer he could go. Everyone knew that in the summer he was going and yet somehow it became a soap opera.  I agree with his position of engineering exactly where he goes since Conte don't want him.  As for Chelsea, I can also see their side of it as well.  Whether or not any of us agree or not, this is business and when you have other teams willing to pay more than Atletico to buy him but he refuses to even consider it, then it's a stalemate.  Atleti decides to lowball CFC for Costa as if 20 goal per year scorers are a dime a dozen and Chelsea should do what, just sell him? Meanwhile Diego in Brazil and not training, who benefits? Neither club nor Diego because even if a deal was struck and he was loaned out, he still needs time to get fit.

With all that said my previous response was totally about any perceived breach on Chelsea's part which would not stand up in any forum should it be litigated/arbitrated.

Offline palos

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Re: How can a player walk out on a club and he under contract?
« Reply #6 on: September 07, 2017, 11:19:10 AM »
Palos, I not mad @ Diego yuh kno. In fact I am one of only a handful (it would seem) of Chelsea fans that would have preferred this was handled differently. Given who Diego Costa is his reaction is not in the least bit surprising.  Furthermore it was a smart play because he managed to make himself look like the victim in all of this.  In reality the club just grew tired of the yearly "I want to leave/I don't like London chant and decided in January that this summer he could go. Everyone knew that in the summer he was going and yet somehow it became a soap opera.  I agree with his position of engineering exactly where he goes since Conte don't want him.  As for Chelsea, I can also see their side of it as well.  Whether or not any of us agree or not, this is business and when you have other teams willing to pay more than Atletico to buy him but he refuses to even consider it, then it's a stalemate.  Atleti decides to lowball CFC for Costa as if 20 goal per year scorers are a dime a dozen and Chelsea should do what, just sell him? Meanwhile Diego in Brazil and not training, who benefits? Neither club nor Diego because even if a deal was struck and he was loaned out, he still needs time to get fit.

With all that said my previous response was totally about any perceived breach on Chelsea's part which would not stand up in any forum should it be litigated/arbitrated.

Fair enough.  I wasn't aware that he refuses to go anywhere other than Atletico.

Guess he doing what he does best.  STRIKING  ;)

Carlos "The Rolls Royce" Edwards

Offline Mad Scorpion a/k/a Big Bo$$

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Re: How can a player walk out on a club and he under contract?
« Reply #7 on: September 07, 2017, 11:36:07 AM »
Fair enough.  I wasn't aware that he refuses to go anywhere other than Atletico.

Guess he doing what he does best.  STRIKING  ;)



Diego is a trickster. Great striker nonetheless tho.  If this Fenerbahce thing doh happen, I hope Conte will ease up and use him to spell Morata when we have CL and league games in the same week.

Offline congo

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Re: How can a player walk out on a club and he under contract?
« Reply #8 on: September 07, 2017, 05:54:22 PM »
If this goes in front of a tribunal there is a strong chance that they would rule in Costa's favour.

He was excluded from taking part in first team training and having any contact with the first team etc.

That could count as a change in working conditions that could vary the terms of contract. Remember people have assured playing time etc when they sign these contracts.

Also, most contracts of this nature have clauses where if you are forced to train and play with the u23's then you suffer sometimes up to 75% in lost wages etc.

No club is gonna make a player train with the u23 and pay your full salary for weeks and months etc.
« Last Edit: September 07, 2017, 05:56:03 PM by congo »

Offline Thomo

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Re: How can a player walk out on a club and he under contract?
« Reply #9 on: September 08, 2017, 02:07:22 AM »
His preference is Atletico but they are on a transfer ban till January. Very sticky situation but clearly Chelsea has the upper hand as he's still under contract. Florent Maluda was in the same situation and played in the reserves, got paid and wind down his contract. The player could feel slighted all he wants and believe the demotion was disrespectful but there is a legal and binding contract staring back at him. 

Offline palos

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Re: How can a player walk out on a club and he under contract?
« Reply #10 on: September 21, 2017, 03:53:52 PM »
Quote
Atletico Madrid have reached an agreement to re-sign striker Diego Costa from Chelsea.

SOURCE
Carlos "The Rolls Royce" Edwards

 

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