There is no legal loophole in Griezmann’s situation

Yesterday evening Cadena COPE announced that Barcelona’s legal services are investigating whether Atlético de Madrid is acting in bad faith by not lining up. Antoine Griezmann. A position that addresses the agreement signed between the rojiblanco club in Barcelona for the transfer of two seasons of the French striker includes one that now generates a lot of controversy. And this happens because the rojiblanco club has to buy the striker on a mandatory basis in the summer of 2023 for 40 million euros. However, there is one condition for the purchase that is mandatory: that Griezmann will play at least 45 minutes in 50% of the games in which he is available (without sanction or injury). Something that is not fulfilled and, according to Simeone’s words, seems difficult to fulfill.

A situation with no holes and where the Barça club has little room for action. There are several reasons. First, because this agreement must be signed with the consent of the football player himself.

Griezmann has the right of effective employment when registered

But in addition, Atlético de Madrid does not violate any regulations.

Starting from the time he is registered in the League as a ‘rojiblanco’ player, the striker cannot claim the right to effective employment from the club. Right that every worker has, included in article 4.2.a) of the Statute of Workers, which translates into the corresponding obligation of the employer to provide the activity agreed in the employment contract, that is, the obligations of all employers are not running out of hiring, Social Security registration, wages and contributions, the employment relationship must also be given substance.

According to the same, “The violation of said right, applicable to any ordinary or special employment relationship, as happens in the case of professional athletes, may lead to the request of the professional athlete to terminate the employment relationship that binds him. club, with equivalent compensation for unfair dismissal. This is stated in article 16.2 of Royal Decree 1006/1985, of June 26, as well as in article 50 of the Workers’ Statute. Then Atlético de Madrid this rule.

Just forced to train with his teammates

At this point and where Griezmann He is registered in the parakeet club, he can spend the whole season without being called up and not playing a single minute. Having this right to effective work, the law only requires that the player be allowed to continue training normally with the rest of the group and under the usual work dynamics. It was established by Royal Decree 1006 of 1985 and which regulates the relationships of professional athletes. In the fourth point of article 7 of the same regarding the rights and obligations of the parties, it is clearly stated that “professional athletes have the right to effective work, which cannot be done, unless there is a penalty or damage, which excluding training and other instrumental or preparatory activities for the exercise of sports activity”.

Because the training and being in group dynamics, the club does not violate article 4 of the Workers’ Statute which includes the labor rights of any worker. In it it is clear that “Workers have fundamental rights, with the content and scope provided by their specific regulations for each of them.” And these are “Employment and free choice of profession or trade, free association, collective bargaining, adoption of collective dispute measures, strikes, meetings, effective work…” And it is precisely effective work that implies ability to exercise with the group and not be discriminated against, but it does not require the ability to play.

Albelda’s precedent proved Koeman right

There is a more extreme precedent that makes that clear Simeon no need to line up Griezmann. It was during the 2007-2008 season when coeman I made that clear David Albelda he will never wear a Valencia shirt again while he is the manager of the club. The player denounced him but the Social Court of Valencia dismissed it because the player had a license and the reason why he did not play was purely technical.