Breach of Contract

[Colonel Kurtz]

Players contacts have been breached by non payment of wages,it might be possible to argue a "financial glitch" for one payment being missed in court,however if monies and bonuses are not paid in full by Friday,then Hearts players will be entitled to leave without any transfer fee and exempt from any transfer window restrictions.

If players approach the SFA?SPL on friday to have their registrations cancelled then the game on saturday will not go ahead

[CalMac]

Players contacts have been breached by non payment of wages,it might be possible to argue a "financial glitch" for one payment being missed in court,however if monies and bonuses are not paid in full by Friday,then Hearts players will be entitled to leave without any transfer fee and exempt from any transfer window restrictions.

If players approach the SFA?SPL on friday to have their registrations cancelled then the game on saturday will not go ahead

 

Anybody that desperate to get out, is no loss IMO.

[Ben Dover]

Players contacts have been breached by non payment of wages,it might be possible to argue a "financial glitch" for one payment being missed in court,however if monies and bonuses are not paid in full by Friday,then Hearts players will be entitled to leave without any transfer fee and exempt from any transfer window restrictions.

If players approach the SFA?SPL on friday to have their registrations cancelled then the game on saturday will not go ahead

 

Wouldn't Fraser Wishart just love to 'come to the aid' of the Hearts players under those circumstances eh

[stephanepaille]

There has been a statement released on the Hearts website that the players will recieve wages on Friday.

 

Thats concrete and everything else seems like scaremongering.

 

The only reason this has escelated is because it is Hearts...anything that Romanov does they report....they clearly have a major dislike for the guy.

 

The only people that seem to be getting carried away here are the BBC the Daily Record and silly Hibs fans...not to mention a few panic merchants on here.

[Charlie-Brown]

Players contacts have been breached by non payment of wages,it might be possible to argue a "financial glitch" for one payment being missed in court,however if monies and bonuses are not paid in full by Friday,then Hearts players will be entitled to leave without any transfer fee and exempt from any transfer window restrictions.

If players approach the SFA?SPL on friday to have their registrations cancelled then the game on saturday will not go ahead

 

This isn't exactly unprecedented given the very recent Gretna situation - they managed to fulfill their fixtures even though some players did leave, not every player left them - many stayed & played out the remaining months of the season even though they had very little to play for or much future prospects at that club.

[Colonel Kurtz]

Wouldn't Fraser Wishart just love to 'come to the aid' of the Hearts players under those circumstances eh

 

Believe me ,I take no pleasure in this situation,but we need to realise how serious things are and could become

[Martin67]

There are quite a few of them who'd struggle to get anything like the dough they're getting at Hearts if they tried elsewhere.

[rememberwilliegibson]

There are quite a few of them who'd struggle to get anything like the dough they're getting at Hearts if they tried elsewhere.

 

anything is better than nothing

[leginten]

There has been a statement released on the Hearts website that the players will recieve wages on Friday.

 

Thats concrete and everything else seems like scaremongering.

 

The only reason this has escelated is because it is Hearts...anything that Romanov does they report....they clearly have a major dislike for the guy.

 

The only people that seem to be getting carried away here are the BBC the Daily Record and silly Hibs fans...not to mention a few panic merchants on here.

 

There was a statement released by the club that the money would be paid early this week. Which part of the club failing to meet that commitment is media scaremongering or panicking by fans?

[51 Shirts -Moments in Time]

Believe me ,I take no pleasure in this situation,but we need to realise how serious things are and could become

 

Is the situation very grim? Do you expect them to be paid as per the website message?

[Jambo66]

Players contacts have been breached by non payment of wages,it might be possible to argue a "financial glitch" for one payment being missed in court,however if monies and bonuses are not paid in full by Friday,then Hearts players will be entitled to leave without any transfer fee and exempt from any transfer window restrictions.

If players approach the SFA?SPL on friday to have their registrations cancelled then the game on saturday will not go ahead

 

I suspect you're right, but this doesn't appear to be only your opinion. Can you tell me what the contracts actually say? Thanks

[Das Root]

Anybody that desperate to get out, is no loss IMO.

 

 

Would you hang around the office if the boss wasn't paying your wages on time and then failed to pay them after promising it would be done?

 

Can't blame the players if they walk due to a failure by Hearts to keep to the terms of the contract they offered.

[SGT]

I think we're in very serious trouble to be honest !. Whenever theres negative stories surrounding Romonov they more often than not turn out to be true.

 

Also, UBIG has lost a fortune in the last two / three months, and any business suffering will cut the non profitable bits first, and quickly no matter the fall out. Its not looking too good.

 

The only hope is - as someone else posted - is that we unlike Gretna may have people out there willing to rescue us. If that does happen this could be a blessing in disguise and our way to be rid of the parasite that is Romonov for good.

[Colonel Kurtz]

Is the situation very grim? Do you expect them to be paid as per the website message?

 

yes i do,but not be\cause Romanov cares for his staff

I believe bluffs were called and there will be casualties

[redm]

yes i do,but not be\cause Romanov cares for his staff

I believe bluffs were called and there will be casualties

 

What kind of bluff?

[K1874M]

What kind of bluff?

 

I'll leave if etc etc...

[Beverley]

redm, given her background may correct me if i'm wrong here, and tehre are others who wil also know. my memory on contract law is a bit sketchy given i last looked at anything 10 years ago, but to constitute breach of contract, would it not have to be a deliberate with holding of their wages?

 

 

if indeed there has been a technical glitch, i'm not sure it would be breach of contract.

 

that said, if we ARE in financial trouble, this is not good news

[J.T.F.Robertson]

What kind of bluff?

 

What (s)he said.

[Regular John]

I'm amazed at the amount of calm on here at the moment. I'm not sure if it's because we as Hearts fans are pretty much resigned to the club being goosed financially or whether many accept what the club is spinning us as being gospel.

 

No technical glitch takes a week to resolve.

 

Although, back on topic I can't see many, if any players walking out in the event of no money on Friday, as I think they would have to sign on as amateur for another Pro club until January.

[Jambof3tornado]

No point in coming on and stating that bluffs have been called without telling us what you know. Do you mean that players have said if you do not pay me my wages then I will leave??

[loveofthegame]

I think we're in very serious trouble to be honest !. Whenever theres negative stories surrounding Romonov they more often than not turn out to be true.

 

Also, UBIG has lost a fortune in the last two / three months, and any business suffering will cut the non profitable bits first, and quickly no matter the fall out. Its not looking too good.

 

The only hope is - as someone else posted - is that we unlike Gretna may have people out there willing to rescue us. If that does happen this could be a blessing in disguise and our way to be rid of the parasite that is Romonov for good.

 

Just cant see anyone waiting in the wings with the kind of money we'd need to completely oust Romanov. The guys a complete bell-end Soviet dictator like businessman. He will never leave without recouping what hes put in and would no doubt want considerable profit. His bank also hold our debt, and therefore i imagine he'd want that payed off too.

 

Thus if i'm correct (note: i may be well off...) the 'saviour' would require well in excess of ?30M to completely buy out Romanov.

[leginten]

I'm amazed at the amount of calm on here at the moment. I'm not sure if it's because we as Hearts fans are pretty much resigned to the club being goosed financially or whether many accept what the club is spinning us as being gospel.

 

My view is that we've all been living with the possibility of something like this happening for a very long time now, so no-one's overly surprised.

[troonjambo]

Players contacts have been breached by non payment of wages,it might be possible to argue a "financial glitch" for one payment being missed in court,however if monies and bonuses are not paid in full by Friday,then Hearts players will be entitled to leave without any transfer fee and exempt from any transfer window restrictions.

If players approach the SFA?SPL on friday to have their registrations cancelled then the game on saturday will not go ahead

 

No and i fancy that you already knew the answer to that question so what are you fishing for

[Captain of Hungary]

more like ?70 mill I would think

[Coco]

more like ?70 mill I would think

 

For the UBIG group? Maybe.

 

Hearts? Maybe the assets are worth ?10m now.

[The Real Maroonblood]

No point in coming on and stating that bluffs have been called without telling us what you know. Do you mean that players have said if you do not pay me my wages then I will leave??

 

They will probably be asked to sign a confidential agreement.

[Charlie-Brown]

My view is that we've all been living with the possibility of something like this happening for a very long time now, so no-one's overly surprised.

 

Since about 2001 ?

[CJGJ]

It's not about contract law -- it's about FIFA/UEFA laws/rules -- if players are not paid then the contract is null and void -- this is part of all football contracts under all the associations throughout the world -- there have been many precedents before.

 

This is a dangerous position for us -- remember at Motherwell you could accept reduced wages or leave if you were not one of those who were told contract could not be honoured.

 

This is perhaps one reason why it would make sense for Vlad to keep us going until January -- when we will have a 'fire sale' of all the players ?.

 

As a business were it not for the transfer window at least one or more players would have been sold -- events in the last 3 weeks worldwide have taken there toll.

[Colonel Kurtz]

No point in coming on and stating that bluffs have been called without telling us what you know. Do you mean that players have said if you do not pay me my wages then I will leave??

 

No i believe that genuine Hearts people did not believe that the ultimate sanction of non payment of wages would take place if month end financial allocations are exceeded.

The only players who would benefit are those whose transfer value exceeds their residual contract dues.

[leginten]

Since about 2001 ?

 

Yes, about then. My post wasn't meant to imply that this is purely a post-Romanov phenomenon, although in my case feelings of trepidation have increased in frequency and intensity with the events since his arrival.

[MacDonald Jardine]

redm, given her background may correct me if i'm wrong here, and tehre are others who wil also know. my memory on contract law is a bit sketchy given i last looked at anything 10 years ago, but to constitute breach of contract, would it not have to be a deliberate with holding of their wages?

 

 

if indeed there has been a technical glitch, i'm not sure it would be breach of contract.

 

that said, if we ARE in financial trouble, this is not good news

 

No, the obligation on the players is to play for the club.

The obligation on the club is to pay wages.

 

An "innocent" breach (in the sense it's not the club's fault they've got no money?) is still a breach.

[Jambof3tornado]

They will probably be asked to sign a confidential agreement.

 

Surely not if the club are in breach of contract. There would be little way of forcing anyone to sign anything.

 

It would be noted in Vlads head however which of the players(if any at all),have come out and stated that if they dont get paid they will walk. For what its worth half of them wont get the same pay anywhere else so anyone that walks will be shooting themselves in the foot.

 

IMo though,this is still a non story,until friday,and then it becomes a big issue(and not the one the homeless sell).

 

The OP is merely stating a fact that the players contracts may have been breached.

[Colonel Kurtz]

No and i fancy that you already knew the answer to that question so what are you fishing for

 

Christ,thats twice today...feel like Robson Green

[marshallschunkychicken]

No i believe that genuine Hearts people did not believe that the ultimate sanction of non payment of wages would take place if month end financial allocations are exceeded.

The only players who would benefit are those whose transfer value exceeds their residual contract dues.

 

Am I being thick, or are you saying that the Hearts off-field management had already spent their monthly budget, and this is Vlad saying 'That's yer lot for this month'?

 

If so, it's a risky course of action to take on both sides.

[The Real Maroonblood]

Surely not if the club are in breach of contract. There would be little way of forcing anyone to sign anything.

 

It would be noted in Vlads head however which of the players(if any at all),have come out and stated that if they dont get paid they will walk. For what its worth half of them wont get the same pay anywhere else so anyone that walks will be shooting themselves in the foot.

 

IMo though,this is still a non story,until friday,and then it becomes a big issue(and not the one the homeless sell).

 

The OP is merely stating a fact that the players contracts may have been breached.

 

As I have only logged on could you summarise what is happening on Friday.

Thanks in advance.

[Jambof3tornado]

The club have said thats when wages will be paid.

[redm]

redm, given her background may correct me if i'm wrong here, and tehre are others who wil also know. my memory on contract law is a bit sketchy given i last looked at anything 10 years ago, but to constitute breach of contract, would it not have to be a deliberate with holding of their wages?

 

 

if indeed there has been a technical glitch, i'm not sure it would be breach of contract.

 

that said, if we ARE in financial trouble, this is not good news

 

My knowledge is limited and my memory is even worse so I'm as lost as you Bev. What I would say is that these contracts are likely to be specific to professional football and therefore won't be subject to exactly the same framework as other employment contracts but the principles are probably much the same.

 

I don't know what the precedence is for these things but I guess there will be some record somewhere. I'd think that there's room for flexibility but only in the sense that it wouldn't strictly be a breach perhaps if the 'glitch' was unavoidable or a genuine error and that all reasonable steps had been taken to rectify the situation as quickly as possible.

 

As someone who is regularly paid late, I feel for them. But as a Hearts supporter, I'd be mighty annoyed with any player who takes advantage of the situation and uses it as a means of getting out of a contract with us.

[BlackJAC?]

I love a good crisis as it bring out the bull****ters on both sides. It's hilarious/painful watching certain users trying to discuss the ins and outs of finance, when in fact, they don't have a clue what they're on about.

[CalMac]

Christ,thats twice today...feel like Robson Green

 

Just don't start singing

[Billy the Jambo]

How anyone can say that this is non story is beyond belief. For a club like Hearts not to pay wages is scandalous . This is another Gretna in my opinion thanks to that idiot that owns us .I cant believe the amount of posters on here that are still defending the clown i think you all should take your heads or another part of your anatomy out his arse and wake up and smell the coffee. He has ruined this club and made us the biggest laughing stock in football since the day he walked in the door but some people cant see that

[Kinkster]

I love a good crisis as it bring out the bull****ters on both sides. It's hilarious/painful watching certain users trying to discuss the ins and outs of finance, when in fact, they don't have a clue what they're on about.

 

Ah, Alan Greenspan I presume.

[CJGJ]

I love a good crisis as it bring out the bull****ters on both sides. It's hilarious/painful watching certain users trying to discuss the ins and outs of finance, when in fact, they don't have a clue what they're on about.

 

So our manger leaves his previous employers without compensation because his contract was not honoured in terms of salary etc and this seems perfectly okay to some but when it is mentioned that a player can leave in same circumstances some are accused of not knowing the facts -- check the UEFA website and that of the Professional Footballers Asociation and you will see it is fact.

[BlackJAC?]

So our manger leaves his previous employers without compensation because his contract was not honoured in terms of salary etc and this seems perfectly okay to some but when it is mentioned that a player can leave in same circumstances some are accused of not knowing the facts -- check the UEFA website and that of the Professional Footballers Asociation and you will see it is fact.

 

And you know our current circumstances mirror that of our manager's previous circumstances or are you just basing your current batch of facts on assumptions?

 

Edit: Why bother with a law degree when you can learn everything you need to know from a single web page in under 3 mins!

[portobellojambo1]

My knowledge is limited and my memory is even worse so I'm as lost as you Bev. What I would say is that these contracts are likely to be specific to professional football and therefore won't be subject to exactly the same framework as other employment contracts but the principles are probably much the same.

 

I don't know what the precedence is for these things but I guess there will be some record somewhere. I'd think that there's room for flexibility but only in the sense that it wouldn't strictly be a breach perhaps if the 'glitch' was unavoidable or a genuine error and that all reasonable steps had been taken to rectify the situation as quickly as possible.

 

As someone who is regularly paid late, I feel for them. But as a Hearts supporter, I'd be mighty annoyed with any player who takes advantage of the situation and uses it as a means of getting out of a contract with us.

 

I would imagine that a professional footballer will be the same as any other employee Lee, and what will determine if these late payments constitute a breach of contract will be determined by the actual content of the contract of employment. If it states a date on which you will receive your wages/salary, whether weekly or monthly, and you are not paid by that date then the employer has effectively breached that contract, and the employee can then use that to their advantage, should they so wish.

 

My only doubt/question/confusion in all of this is whether the players would be willing to effectively cancel their own registrations or whether this is actually the intention of the club, as the forerunner to something more serious.

[CJGJ]

And you know our current circumstances mirror that of our manager's previous circumstances or are you just basing your current batch of facts on assumptions?

 

Edit: Why bother with a law degree when you can learn everything you need to know from a single web page in under 3 mins!

 

So as I have a Business Law degree my knowledge would be of little value then ?

When you comment try to know more about the poster before you take that great leap.

[Sheriff Fatman]

So our manger leaves his previous employers without compensation because his contract was not honoured in terms of salary etc and this seems perfectly okay to some but when it is mentioned that a player can leave in same circumstances some are accused of not knowing the facts -- check the UEFA website and that of the Professional Footballers Asociation and you will see it is fact.

 

One slight difference, Csaba wasn't paid for three months, the players wages will be a week late.

 

As to contract law, Uefa and the Professional Footballers Association can write all they want on their websites, but if what they say doesn't match contract law it is meaningless. Footballers contracts are just like any other one, they have to abide by contract law.

[troonjambo]

I would imagine that a professional footballer will be the same as any other employee redm, and what will determine if these late payments constitute a breach of contract will be determined by the actual content of the contract of employment. If it states a date on which you will receive your wages/salary, whether weekly or monthly, and you are not paid by that date then the employer has effectively breached that contract, and the employee can then use that to their advantage, should they so wish.

 

My only doubt/question/confusion in all of this is whether the players would be willing to effectively cancel their own registrations or whether this is actually the intention of the club, as the forerunner to something more serious.

 

historically in the recent past players all over the uk have went without due payment in part or whole for far longer periods of times and registration has not been effected quite the opposite in fact with severe penalty being imposed on clubs for attempting to get out of contracts or registrations on the ground of being in financial difficulty this is and i suspect you agree mate not our main worry :sad:

[Beverley]

One slight difference, Csaba wasn't paid for three months, the players wages will be a week late.

 

As to contract law, Uefa and the Professional Footballers Association can write all they want on their websites, but if what they say doesn't match contract law it is meaningless. Footballers contracts are just like any other one, they have to abide by contract law.

 

thats why i was asking. i read a bit of music contract law, so not like football. thanks to people who gave their opinions & feedback based on their own knowledge.

 

its interesting, if a little scary

[Sheriff Fatman]

thats why i was asking. i read a bit of music contract law, so not like football. thanks to people who gave their opinions & feedback based on their own knowledge.

 

its interesting, if a little scary

 

Contract law is increadibly complex, and just because something is in a contract doesn't make it legally enforcable. I have had family friends who are in the contract law game look at some contracts I have been given by large multinational companies and they came to the opinion that 50% of each contract was utter codswollop and would be laughed out of court.

 

No matter what is in a contract, you cannot sign your legal protections away.

[redm]

I would imagine that a professional footballer will be the same as any other employee Lee, and what will determine if these late payments constitute a breach of contract will be determined by the actual content of the contract of employment. If it states a date on which you will receive your wages/salary, whether weekly or monthly, and you are not paid by that date then the employer has effectively breached that contract, and the employee can then use that to their advantage, should they so wish.

 

My only doubt/question/confusion in all of this is whether the players would be willing to effectively cancel their own registrations or whether this is actually the intention of the club, as the forerunner to something more serious.

 

Your guess is as good as mine PJ1. But we'd better not discuss it anymore in case we're told off again for at least trying to make some sense of it.

 

The only thing I am sure of is that things are rarely that black and white and when it comes to breach of contract, they will take context and circumstance into consideration. I hope they will, anyway!

 

I just hope there aren't any horrible little loopholes that turn up as a result of this stuff...things which enable people to take advantage of a bad situation....