By law, Spanish football clubs must have release clauses inserted into the contracts of their players – and this includes Barcelona and Real Madrid. However, these clubs look to work around this by establishing the maximum figure that can be set: €1bn.
The likes of Vinicius Junior, Kylian Mbappe, Lamine Yamal and Gavi have release clauses set at €1bn, but according to the footballer’s union in Spain (AFE), this is abusive. As per Diario AS, María José López, co-director of the legal advice of the AFE, has explained their stance on the matter.
“The fact that a player wanted to change jobs was not so possible if he was not given a letter of freedom. In 1985, with RDL 1006, some rights of athletes were recognised. Article 16 regulates the possibility that this contract may be unilaterally broken. If it is not met, the player must pay a clause. But we’re seeing some exorbitant amounts. We have seen some from €1m to €25m in players with a salary of €1k a month. Their right to change jobs is being limited. If you charge €1k and you have to pay €25m for breaking the contract, it means almost a right of retention.
“It is one thing to protect the clubs and another to protect abuse. It cannot be that a player is not free to go to another club. These clauses must be modulated and moderated because of the abuse it may entail. Clauses are being put in place to retain them, both boys and girls. In the Third Division I have seen contracts of €1k euros and clauses of €25m. If another club wants to pay him €2.5k a month, they cannot sign him. It is an abusive practice that everyone is signing up for.”
He also confirmed that there are plans for the situation to be addressed, with a petition having been sent to court.
“We are going to fight for it to be moderated. The worker has the right to terminate that contract and that it is without abusive clauses. We have stated in Congress that this type of clause must be modulated and regulated. They have taken note and understood it. The billion-dollar clauses may be maintained or tend to be corrected. We will have to enter into a rationality. The ones that really worry me are those of a million with salaries of €600 a month. If you are going to limit that person’s activity as a worker, something will have to be said. Those who star in this sport are the workers. Football is important, but so are the rights of the players.”
