Gutiérrez Transfer: Journalists Don’t Research
Well, after reading a lot of nonsense over the last few days about the Jonás Gutiérrez transfer saga, I’ve decided to clear up a lot of the nonsense. Basically, don’t believe what you read in the papers. Or on the web sites belonging to newspapers either.
In particular, I’ve seen a number of sites suggest that the transfer is in jeopardy because it appears that the clubs did not agree a transfer fee, but that Gutiérrez has exercised Fifa’s article 17 which…
…Fifa article 17 allows players who have been with a club for over three years and are aged over 25 to buy themselves out of their existing deals. Metro.co.uk
And they gleefully point out that Gutiérrez was not 25 until the 5th July, but he signed for Newcastle on the 2nd… and therefore that the whole transfer is in jeopardy.
Well, yes, except that it appears that none of these journalists have actually bothered to check what article 17 involves, with the Journal claiming that:
Gutierrez has taken advantage of Fifa’s Article 17 rule which allows players under the age of 28 to buy out the remainder of their contracts to enable them to join another club.Journal Live
Right, so you have to be over 25 and under 28. Is that right? Of course not… as would have been obvious to any self-respecting journalist who had actually bothered to read Article 17. It’s not as if it’s difficult to google ‘article 17 site:FIFA.com’.
Article 17 of Fifa’s laws cover what should happen if a contract is unilaterally terminated by one party without just cause. (Just cause = being used in less than 10% of games). First, note that contracts can only be terminated in this way (and with just cause) at the end of the season.
Secondly, there are two things to consider: compensation and punishment.
Compensation is based on the salary the player would have expected to receive, the length of the contract remaining and so on…
…criteria shall include, in particular, the remuneration and other benefits due to the player under the existing contract and/or the new contract, the time remaining on the existing contract up to a maximum of five years, the fees and expenses paid or incurred by the former club (amortised over the term of the contract) and whether the contractual breach falls within a protected period.Fifa Article 17
The protected period is based on how old you were last time you signed a contract. If you were 28 or over, it’s two years. Otherwise it’s three years. This is covered in the same Fifa document. So the compensation fee will be higher if it’s in the protected period, otherwise it will be covered by wages and/or expenses incurred.
In addition, if a player moves during a protected period, they may face up to a 4-month ban. However…
Unilateral breach without just cause or sporting just cause after the protected period shall not result in sporting sanctions.Fifa Article 17
The first test case of Article 17 of Fifa is known as the Webster ruling, from the then Hearts defender Andy Webster being the first person to invoke Article 17 in this way.
In the initial Webster case, Hearts valued him at £5 million, but the FIFA transfer arbitration panel set the compensation at £625,000. In short, the ruling means that the transfer fee for a player moving in this way will be based on what they are paid; if you under-pay a player, you can expect to get a poorer price for him…
So it appears that Jonás Gutiérrez, known as Spiderman for his goal celebration where he pulled on a spiderman mask, has done a Webster. Spiderman does a Webster. Sounds inevitable when you think about it…
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