How do you do an ERTE in a soccer club?

LaLiga and the Federation have agreed to suspend the championship without a return date until the authorities consider that it can be resumed without risk to health. Y the club's employers' association has decided to support entities that request an ERTE «due to the considerable decrease in their activity». There are no games and box office and television revenues are frozen. Stores are closed and clubs are also not receiving marketing income. That is why there are some who propose to take advantage of a Temporary Employment Regulation File (ERTE). But the special nature of footballers' work raises many questions.

"The company that uses this measure has no obligation to pay the salary or the employee to do their job," he explains. Antonio Orús, lawyer specialized in sports law and president, in addition, of the historic Peñas de Huesca basketball club. «The SEPE (State Public Employment Service) pays the worker unemployment benefits», 70 percent of the salary. But This does not mean that SEPE will be responsible for paying 70 percent of the players' file. professionals. "That benefit has limits due to family and financial circumstances that could be established in these cases around 1,500 or 1,800 euros», Adds Orús.

"Most of the clubs do not benefit from these measures because it means practically nothing to footballers and they can have individual agreements in contracts that force clubs to complete the form»Says Orús. "Although when there is force majeure, the club cannot be required to pay the payroll one hundred percent."

There are other circumstances that make it very An ERTE in a sports club is different than in any other company. The clubs would have to pay the social security of their employees, although they could free themselves from that small burden if they commit to maintaining employment. “But once the season is over many contracts end. There are no permanent contracts for athletes», Argues Antonio Orús, so the application of an ERTE in a football club should be adapted to the nature of its activity.

But ERTE is also a round trip. «What is agreed with the athletes is global, throughout the season. The measure can be revised, because if the League resumes, the ERTE will be reversed, "explains Orús.. "If the League is terminated, then it becomes a termination procedure," he adds. Although all within the special nature of the contracts of athletes.

"Each club is taking the decisions it deems necessary according to its circumstances to face the serious consequences derived from the measures decreed by COVID-19," he says. The league in the statement that has been made public. And he adds that «will support, advise and assist in the coordination of those ERTE requests that the clubs consider appropriate present by force majeure before the authority ».

"Aware of the extraordinary situation that we are all facing, LaLiga continues to work to give the necessary support to each of the clubs before each one of its articular circumstances ”, concludes the employers.

The Federation and the League they had originally been given a two-week suspension period for professional football competitions, but the extension of the state of alarm has caused them to be suspended without a defined resumption date. The two entities they maintain the intention to finish the competitions, preferably before June 30, but they do not rule out, especially the Federation, to finish them as of July 1, despite the fact that it is the official start date of the next season.

The main one is health, but also the accounts of the clubs, which if the season is not concluded could be reduced by lack of activity and the consequent breach of television or sponsorship contracts. Also due to the lack of box office income. But In no case will the State have to take over the Messi file.