The world of football, after a long season such as 21/22, is beginning to rearm for a new campaign, which promises to be one of the most exhausting in history, with a World Cup in between . Now, in the months of July and August, and, later, in January, the so-called transfer market begins, in which any footballer can change teams in exchange for an economic amount.
In some cases, an athlete may change teams without there being any negotiation between the two teams. And why is this? What happens is that the payment of what is known as the termination clause is generated , one of the best-known elements in the world of football, especially in recent years, with examples such as Griezmann ‘s or, above all, Neymar ‘s .
But what exactly is a termination clause, how does it work? We tell everything there is to know about this mechanism.
What is a termination clause in the world of football?
This element has one objective: to prevent the departure of the players of a team. This mechanism protects the club that owns the footballer’s federative rights, in the event that he wants to go to another team. That is why a tax-free amount of money is established that the athlete in question can pay in order to “free himself” from the contract he has.
This money means that the club that is left without the footballer has to pay a kind of compensation , to at least benefit from the departure of one of its athletes.
This circumstance is covered by the Official State Gazette (BOE), which has it included in Decree 1006, which was published in 1985:
“The termination of the contract at the will of the professional athlete, without cause attributable to the club, will give this right, where appropriate, to compensation that in the absence of an agreement in this regard, will establish the labor jurisdiction based on the circumstances of sporting order, detriment that has been caused to the entity, reasons for the breakup and other elements that the player considers estimable”.
How do termination clauses work in the world of football?
One of the most frequently asked questions about termination clauses has to do with their payment. It is unknown how it works, how it is paid. To know how to act and proceed to execute the payment of this compensation, the leading role falls on the player who wants to change clubs to go to another that offers better conditions.
In this case, the team that is going to buy the player’s federative rights takes control. The money that is part of the clause is awarded to the player, who has to go with this amount as a deposit to the venue of the domestic tournament that he plays (in Spain, it is the building of the Professional Football League, LFP). It is at this time that the athlete no longer has ties to his old entity and can sign with the new team without any problems.
Can competitions reject clause payments?
On very few occasions it occurs that the competition can reject the payment of the clause, but it is not frequent. The clearest case occurred when Neymar left FC Barcelona for PSG . On that occasion, the employers did not want to accept the check from the striker’s legal representatives , and they had to go to the offices of the Barça entity to unclog the situation and free the player.
Who pays the termination clause?
Another of the key elements on which the payment of the termination clause revolves: who is in charge of sending the compensation for the player to the club that sells it. In this case, it is the athlete himself who has to pay for his ‘freedom’ from him in order to sign for another club.
In addition, it must be added that the purchasing club is subsidiarily responsible for the player paying his termination clause. What does this mean? That, if the athlete cannot pay this amount, since he is insolvent , the destination team will be in charge of compensating the team that loses its player.
But, be careful, another circumstance must be taken into account, and that is that, if the clause payment method is used, it can be negotiated between the player and the purchasing team. However, it must be noted that this can be considered as a salary payment to the person who is going to change teams and must be taxed for this , this being one of the great reasons why the payment of the termination clause becomes transfer.
Where is the termination clause paid?
Just as the way to pay the clause is important, you also have to take into account where to pay the amount to release the player from his current contract. In this case, the athlete, and/or his legal representatives, who are the ones who, in general, go to pay this amount, have to go to the venue of the competition in force.
In our country, you must go to the headquarters of the Professional Football League (LFP). However, in other major leagues, what is known as a ‘clausulazo’ does not occur. In countries like Germany, France, England or Italy there are no such compensations , so they avoid somewhat unpleasant situations.
How is the termination clause calculated?
This is another of the most unknown aspects, and that few people know about this tool that is so well known in the world of football. The clause is not arbitrary and is in line with what the footballer receives, that is, the salary.
To calculate it, it is generally based on the remuneration received by the athlete and the years that he will remain in the group in which he is . In addition, different circumstances are also taken into account that will influence the contract or the situation of the athlete with his team.
These circumstances can be:
- Moment in which the dismissal or departure of the athlete will take place
- The category that the team in question has
- The new team to which the footballer is going to join
Justice, possible moderator
There is another aspect to take into account, and that not everyone knows. That is that justice can intervene in this type of situation. As it does? You can do it in several ways.
One of them is that a magistrate has the function of moderating and can reduce the amount of the termination clause . The other occurs if the athlete and the team are unable to reach an agreement, and that is that justice has the ability to set compensation.
What are the highest clauses in La Liga?
|Pedro (FC Barcelona)||€1 billion|
|Karim Benzema (Real Madrid)||€1 billion|
|Ansu Fati (FC Barcelona)||€1 billion|
|Faith Valverde (Real Madrid)||€1 billion|
|Ronald Araujo (FC Barcelona)||€1 billion|
|Sergio Canales (Betis)||€1 billion|
|Ferran Torres (FC Barcelona)||€1 billion|
|David Praise (Real Madrid)||€850 million|
|Antoine Griezmann (Athletic Madrid)||€800 million|
|Vinicius Jr. (Real Madrid)||€750 million*|