- Oct 17, 2008
- 11,388
I have seen a handful of posters repeatedly stating that De Zerbi was sacked. This is not true. I will explain why below.
I understand not everyone will be an expert on the finer workings of employment contracts of football managers.
If a manager is SACKED from a contract, the club has terminated their contract against their will. They will be paid compensation as per the terms of their contract in order to end their legally binding contract early.
If a manager LEAVES for another club during their contract, the recruiting club pay agreed/negotiated compensation to the contract holder in order to release the manager from his current club
In this case, the contract was terminated MUTUALLY. For avoidance of doubt or confusion, mutually means with the agreement of both sides.
In agreeing to part ways, either or both parties (the manager and the club) may specify terms, without which the agreement may not proceed.
Based on numerous press reports regarding compensation potentially to be paid by Chelsea to us for De Zerbi, it is highly probable that a clause agreed upon the mutual termination of his contract would be that compensation would be payable if he joined a specified club within a specified period.
But why? This is in order to protect against what is known as “tapping up”. Tapping up in situations like this is the illegal process of approaching a contracted employee, without the permission or knowledge of their employer, in order to bypass official channels and avoid payment of compensation or to bypass rules and regulations surrounding recruitment.
So, hypothetically, IF De Zerbi was approached by Chelsea while still under contract to us, compensation would be payable to us from Chelsea, as the manager still had an existing contract with us which was bought out by Chelsea.
If De Zerbi or his agent got wind of Chelsea’s interest, and he simply resigned, then joined Chelsea a week later, this could be seen as a case of “tapping up” and a pretty brazen attempt at getting around having to pay compensation for an asset they desire.
Therefore, to protect against this very thing happening, a legal exit document will have been drawn up saying essentially that both parties agree to mutually part ways. No compensation will be paid by either side - UNLESS certain criteria are met (see above - joining a divisional rival).
I hope this all makes sense and perhaps can prevent misinformation going forward.
I understand not everyone will be an expert on the finer workings of employment contracts of football managers.
If a manager is SACKED from a contract, the club has terminated their contract against their will. They will be paid compensation as per the terms of their contract in order to end their legally binding contract early.
If a manager LEAVES for another club during their contract, the recruiting club pay agreed/negotiated compensation to the contract holder in order to release the manager from his current club
In this case, the contract was terminated MUTUALLY. For avoidance of doubt or confusion, mutually means with the agreement of both sides.
In agreeing to part ways, either or both parties (the manager and the club) may specify terms, without which the agreement may not proceed.
Based on numerous press reports regarding compensation potentially to be paid by Chelsea to us for De Zerbi, it is highly probable that a clause agreed upon the mutual termination of his contract would be that compensation would be payable if he joined a specified club within a specified period.
But why? This is in order to protect against what is known as “tapping up”. Tapping up in situations like this is the illegal process of approaching a contracted employee, without the permission or knowledge of their employer, in order to bypass official channels and avoid payment of compensation or to bypass rules and regulations surrounding recruitment.
So, hypothetically, IF De Zerbi was approached by Chelsea while still under contract to us, compensation would be payable to us from Chelsea, as the manager still had an existing contract with us which was bought out by Chelsea.
If De Zerbi or his agent got wind of Chelsea’s interest, and he simply resigned, then joined Chelsea a week later, this could be seen as a case of “tapping up” and a pretty brazen attempt at getting around having to pay compensation for an asset they desire.
Therefore, to protect against this very thing happening, a legal exit document will have been drawn up saying essentially that both parties agree to mutually part ways. No compensation will be paid by either side - UNLESS certain criteria are met (see above - joining a divisional rival).
I hope this all makes sense and perhaps can prevent misinformation going forward.
