"Everyone
in the same situation would behave in this way, because contracts
between football associations and coaches are usually ironclad in favor
of the latter," he said. As a general rule, he added, the coach has a
right to be remunerated until the time limit of the service
contractually established, irrespective of whether he is exonerated."The
word 'exoneration' is normally used instead of layoff, meaning that the
coach in fact is not sacked but is dismissed from his service,Wheel forks suppliers"
he said. "Therefore the football association has to continue to
remunerate him."The CFA reportedly argued that Camacho failed to bring
out expected results with the Chinese team,China Forklift Snow Ploughbut
Raffaelli held that this argument would not be sufficient to terminate a
contract.He said that good reasons should include failure to fulfill
contractual obligations, "for example in case the coach skips training,
makes offensive comments about the CFA or mistreats players."Therefore,
should the team's bad performance be the unique explanation for CFA to
terminate their contract with Camacho, the Chinese side would probably
be the looser if this dispute is brought to FIFA, Raffaelli said.China Working PlatformThe
Italian expert advised CFA to be prepared for a out-of- court
settlement of this contractual dispute as this kind of events are
"unlikely to come to a final verdict" and international football
contractual issues are generally solved with settlements. He said the
exoneration of coaches and consequent disputes are "routine occurrences"
which just have to do with legal matters thus "do not usually adversely
affect on one's image.Block clamp suppliers"
The
only peculiarity of this case, the Italian lawyer added, was that a
coach was dismissed by a governing body of football. Should the CFA
persist in its position, the next coach considering to collaborate with
the Chinese side would be certainly aware of his partner's
punctiliousness, he said.But in his view, given that "it is not good for
two parts which have worked together to end in a judicial dispute, it
is good rule to make every effort to reach a settlement, even in the
most severe situations,Fork extensions suppliers thanks
to good will on both sides and efforts at conciliation of disciplinary
commissions". For this reason, Raffaelli said he could imagine that
"after arguing for some time, the two sides would reasonably reach an
agreement which is in everyone's best interest."The expert also noted
that Camacho himself probably looks forward to a quick settlement with
which he can seek his next job.If the CFA has included a withdrawal
clause in the contract, according to which the football association can
dissolve the relation by paying a penalty, this was already a good move
that can help the Chinese side in the dispute settlement, Raffaelli
said."However, when contracts with very high salary numbers are signed
in the football field, costs are always very high despite any
carefulness, which in fact can be considered too risky for one of the
parts," he noted.In his view, besides setting penalties which is the
most traditional preventative measure in making a contract, an "ideal"
behavior would be trying to avoid contracts with record-high wage
numbers."Football clubs and associations could better protect themselves
by setting lower basic wages that would be enriched with a possible
system of bonus that are awarded only if positive results are achieved,"
the Italian lawyer suggested.
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