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Is it a good idea to terminate contracts like Umtiti’s to sign Ferran Torres?

BarcelonaFerran Torres is the first of the reinforcements that Xavi Hernández wanted and that Joan Laporta promised just after falling against Betis at the Camp Nou and being eliminated from the Champions League in Munich. The agreement between Barça and City, as well as with the player, is total: the 21-year-old Valencian striker will arrive in exchange for 55 million – to be paid in installments -, plus some variables that will range from 10 to 12 million . Even in an appearance this Thursday, Pep Guardiola almost certainly took Ferran’s departure for Barcelona for granted. The problem, however, remains that today the Barça team could not register the striker because it would exceed the salary margin, the so-called fair play financial stipulated by the League.

The club admits this reality and in recent weeks has been working on various options to release too much salary, in addition to the search for new income. Among the various possibilities that Barça values, the most effective is to give way to footballers that Xavi does not have. In this sense, the aim is to end the transfers of Demir (Rapid from Vienna) and Luuk de Jong (Seville), while at the same time hoping to recover the investment for Dest – Barça paid 21 million plus five in variables. who remains a Bundesliga footballer with a poster, as well as selling Neto. Umtiti and Coutinho, two of the tallest players in the squad, are also open, contrasting with their poor performance. At the same time, work is also underway on the renovations of Sergi Roberto and Dembélé. According to Catalunya Ràdio, the French striker has accepted a proposal to renew for two seasons, agreeing to a large reduction in the base salary.

“No options ruled out”

The folders that give the most headaches to the top leadership are those of Umtiti and Coutinho. The Frenchman and the Brazilian have long been in the transferable portfolio, but there are none or few clubs willing to pay even a part of their salary. In the face of these entrenched cases, Catalan sources admit to ARA that “no option is ruled out.” In a process in which “sporting and legal criteria” are assessed to address “individual negotiations”, the last possibility involves terminating the contract without agreement, as was done with Matheus Fernades or Quique Setién. This is an extreme measure and Barça will exhaust all possible avenues before resorting to it. In addition, apart from the economic costs, it also does not guarantee – according to several experts consulted – an immediate profit margin. In fact, high-ranking league sources tell this newspaper: “There has to be an agreement between the club and the player. If it was just a matter of kicking the player out, earning a salary margin would be too easy.”

The explanation lies in the fact that “the auditors – the ones in charge of ensuring that the fair play– they also provide you with the expenses “, explains David Vilajoana, lawyer of the Mazars law firm specializing in sports law and also coach of Europe.” That is, the salary limit is stipulated taking into account the expenses and, if you contract without an agreement or a clause that allows it, most likely the footballer will sue you for unfair dismissal. This means that no matter how much you pay him or her until he or she goes to trial, the auditors will already charge you for the expenses that this could entail. ”

In the case of Umtiti, with a contract until 2023, his compensation would be what he had left to collect from his salary for this year and the next, as long as the Frenchman did not start working in another team. “Since he is in his fourth year of contract, [Umtiti] it no longer has the protection from damages provided by FIFA regulations for the first two years. If Barça break the agreement without just cause, they will only be obliged to pay the full outstanding amount to the player or, if they find a new team, the difference in relation to the new contract in force “, resolves the lawyer Mario Flores, head European Clubs Association (ECA).

Unlike what happened to Matheus – who was unilaterally dismissed in the summer – Barça only value this option with Umtiti if an extreme scenario is reached. The Frenchman, who started crying in Laporta’s office before the start of the season, has only played 90 minutes and did not count for Koeman before or now for Xavi. The fact is that both the coach and the defender share the same representative, Arturo Canales (who is also Piqué), which can help lead to a friendly outing. At the club, it is almost impossible to pay any financial compensation for the Frenchman, but they are confident of finding the understanding to reach an agreement and save part of their record. This is what has already been done, for example, with the cession of Pjanic to Besiktas.

Pruna’s doubts with Umtiti

In 2018 Bartomeu renewed Umtiti, who managed to sign a good salary despite a report prepared by Dr. Ricard Pruna that advised him not to make a long contract because he did not have a good knee. In any case, it is insufficient documentation to terminate the contract unilaterally. “It would only serve as a just cause for the dismissal to result in serious indiscipline, doping, reckless injury or to show that the footballer is repeatedly and voluntarily declining performance,” argues Toni Roca, CEO of Himnus Football Lawyers. law firm specializing in sports law. This is stipulated in the professional football collective agreement signed by the League and the Spanish Footballers’ Association (AFE).

However, although Flores does see a small gap in terms of earning a margin with a forced termination – “the rule of the League is similar to that of UEFA. If Barça fired a player, the salary would stop count for pending litigation, but the remainder would become an accounting loss. It would take effect, but it is a leak, make all parties happy “. The winter market opens in less than two weeks and Barça have a lot of work to do.

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