Month: June 2020

Experts establish China Sports Arbitration Agency
The outside world has used the term “winter of Chinese football” to describe 2020. From the beginning of the year to the exit of Tianjin Tianhai, at least 13 clubs have disappeared on the territory of the Chinese Football League.After the dissolution of these clubs due to their inability to manage, too many players who have played for the club surrounded the colder situation-the process of pursuing the rights protection of unpaid wages is extremely difficult.　　After the “golden dollar football” ebb tide, the Chinese football industry has continuously encountered the dilemma of investor withdrawal and club withdrawal, but professional players are innocent.The “protective umbrella” of wind and rain?In an interview with Sauna and Yewang, some experts should establish a Chinese sports arbitration institution as soon as possible.　　After the event, Tianhai will gradually make up for the players’ unpaid wages. On May 12, Tianjin Tianhai issued a dissolution announcement, and the “access drama” that lasted for several months ended in the most helpless way.　　After the dissolution was announced, the club proceeded to deal with the aftermath.News came out on May 16 that Tianhai, which has been owed for four months in the Air Force, distributed April wages for club employees and repaid two months for first-team players.After the reserves of the Chinese Super League dividends are in place, the club will gradually make up for the arrears of the previous players.　　Of course, the future trends of overseas lawsuits such as Tianhai and Modest have also received attention.In an interview with Sauna and Yewang, Mr. Wu Ming of Beijing Zhonglun (Shanghai) Law Firm introduced, “The first-instance trials of these overseas lawsuits are handled by the FIFA Dispute Resolution Committee, and the second-instance trials are in CAS (International Sports Arbitration)court).Arbitration requires a subject. Once the club completes the replacement, the case may no longer exist.”The reorganization of the club does not mean that a professional football club has lost its qualification to register with the Chinese Football Association.Wu Ming pointed out that professional clubs not only need to be registered with the Football Association, but also need to be registered with the industrial and commercial department, so we will see XX professional football club and XX professional football club limited liability company, which also needs to be watched by players.First name, that is, whether the club or the club limited liability company is stamped on the contract, because there have been cases of players “wrong” before.　　After the judgment of the overseas lawsuit is settled, it is necessary to apply to the court for enforcement, which is a long process.If the club has entered the bankruptcy and liquidation procedures, the order of repayment of this part of debt will be listed after various expenses and employee salaries.　　Disadvantages The difficulty of players in asking for salaries highlights the “arbitration short board” Tianhai is a player. After the news of employees repaying wages, the unanimous reaction of people in the circle is “meaningful”.　　Looking at the overall situation of clubs that have “quit” in domestic football, it is not uncommon for players to have nowhere to ask for salary.From Liaoning Hongyun to Guangdong South China Tigers, from Baoding Rongda (Yingli Yitong) to Dalian Gigabit, most of the players in these clubs are on the long road to pay.　　Although the Football Association has not officially announced the third-tier league admittance list, but the Chinese football veteran strong team Liao Football will disappear in this year’s Chinese Football League is a foregone conclusion.Liao football players have been owed more than a year of wages, bonuses, and the process of asking for salary is long and difficult.　　On February 4th, the Chinese Football Association announced the salary and bonus confirmation forms for all levels of professional league teams. The Liao Football team that submitted the confirmation form was exposed to the signing behavior. Several Liao football players then submitted submission letters to the Football Association.Captain Sang Yifei said: “The players didn’t get a penny a year . Isn’t it right to take up legal weapons and defend their own interests”Since then, Liao football players have gone to the Chinese Football Association, and the Liaoning Sports Bureau has reported the situation, but the Football Association has not yet been recognized, and the Sports Bureau, which owns Liaozu’s shares, recommends that players protect their rights through labor arbitration and other legal means.　　At present, many Liao Football players have concluded an agency agreement with a law firm in Liaoning Province. Before entering the legal process, the most important thing is that the Football Association needs to cause differences in the wage dispute between the Liao Football Club and the players.　　Lawyer Wu Ming said that the dispute between the player and the club, the court usually thinks that the general labor dispute, the football industry is a special industry, and the sports law should be applied.Among them, Article 33 of the “Sports Law” stipulates that if a dispute occurs in competitive sports, the sports arbitration institution shall be responsible for mediation and arbitration.Therefore, the court held that such disputes should be referred to the arbitration committee of the Football Association.　　Opinion should be established as a sports arbitration institution as a professional as soon as possible. Attorney Wu Ming noted that the opportunity for players to defend their rights is derived from an old case.In 2010, Li Gen and the Chinese football team Shenyang Dongjin Football Club had a long-term work contract. Due to contract matters, the club owed wages, bonuses, and insurance. On February 5, 2013, Li Gen applied to the Football Association Arbitration Committee for arbitration. The Arbitration Committee decided to terminate both parties.contract.　　In August 2013, Li Gen once again applied for arbitration with the Football Association Arbitration Commission, requesting the club to pay the arrears of wages, bonuses, etc. The Football Association Arbitration Commission rejected the acceptance notice; in October of the same year, Li Gen applied to the Shenyang Municipal Labor and Personnel Dispute Arbitration CommissionIn labor arbitration, only the notice of non-replacement was obtained; in December 2014, Li Gen filed a lawsuit with the Tiexi District People ‘s Court of Shenyang City. The court held that the dispute was a dispute in competitive sports activities., Does not belong to the scope of court trial, dismissing the prosecution.　　Li Gen refused to accept the civil ruling of the Tiexi District People’s Court. He filed an appeal with the Shenyang Intermediate People’s Court in 2015. The Shenyang Intermediate Court revoked the first-instance ruling and ordered the Tiexi District People’s Court to continue to hear the case; in December of the same year, Tiexi DistrictThe People’s Court ordered Shenyang Dongjin Football Club to pay Li Gen 75,666 yuan in salary and related indexes, and in July 2016, the case was filed and enforced.　　In 2017, Shenyang Dongjin Club applied to Liaoning Higher People ‘s Court for retrial; in April 2018, Shenyang Intermediate Court made a final judgment ruling to cancel the original civil judgment of first and second instance, and rejected Li Gen ‘s prosecution; in May 2018, Li Gen againThe arbitration committee of the Football Association applied for arbitration, and the arbitration committee of the Football Association replaced it after the review. However, Shenyang Dongjin was disqualified from the registration of China National B in July due to wage arrears, and the arbitration committee temporarily suspended the Li Gen case.　　Article 32 of Chapter 4 of the Sports Law stipulates that if a dispute occurs in competitive sports, the sports arbitration institution shall be responsible for mediation and arbitration.But while the Chinese sports industry is booming, the establishment of a Chinese sports arbitration institution has not been completed.　　Although the Football Association has an arbitration committee, the contract between the club and domestic players will also include “When both parties A and B have disputes in the process of affixing this contract, both parties will resolve it through negotiation.If both parties cannot resolve the settlement, they can apply for arbitration to the Arbitration Committee of the Chinese Football Association. When Party B is a Chinese athlete, the arbitration committee ‘s ruling shall be final. ”However, the ruling of the internal arbitration committee of the domestic industry association is only applicable within the industry.When the dispute cannot be resolved through the arbitration committee (if the club does not continue to register with the Football Association, it will not be restricted by the industry award), players often “between nowhere” between the seats-how to determine contract disputes and how to solve legal application issues,How to protect the rights of players?　　Wu Ming pointed out that this aspect is now a “vacuum zone”, foreign aid encounters disputes, you can appeal to FIFA, CAS, etc., but domestic players do not have these channels.”Too many clubs are advancing in the short term and hope to establish a national sports arbitration institution.This institution should be established by the relevant departments and have authority; and be registered with the Judicial Bureau. The arbitration award has legal effect and can be applied to the court for enforcement. Unlike now, arbitration within the industry is only applicable to the football industry and has no legal effect.Wu Ming said.　　Chinese Football Professional League withdraw from the team in the 2020 season 1 Super League Tianjin Tianhai 4 in the First Division Shanghai Shenxin, Guangdong South China Tigers, Sichuan Longfa, Liaoning Hongyun 8 in the Second Division Nanjing Shaye, Fujian Tianxin, Dalian Gigabit, Yinchuan Helan Mountain, YanbianNorthland, Jilin Baijia, Baoding Yingli Yitong, Shenzhen Pengcheng Note: Liaozu did not participate in the joint meeting of the general manager of China-A Club last week because it did not meet the access requirements.According to a football player in Liaoning who told the sauna, Yewang, although there is no official announcement, the club is actually in a state of dissolution, and the players started to contact other teams very early.　　Writing / Sauna, Night Net Zhou Xiao, Beijing News Cartography / Shi Chunlei