This Monday, at 12 noon,and assembly of the Dimayor, the professional branch of the Colombian Football Federation (FCF). It was expressly cited to analyze the resolution of the Ministry of Labor that found merit to file charges against the FCF and Dimayor for refusing, since 2019, to negotiate a collective agreement with the Colombian Association of Professional Soccer Players (Acolfutpro), since it understands that “they do have an impact on certain legal relationships that may be subject to collective bargaining, for this reason, they would have the obligation to initiate negotiations.”
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The resolution also says that “the direct employer of the footballers is not the FCF and Dimayor, and that these are not the ones who sign the contractual relationship, they are not the ones who pay the salaries or cancel social security.”
The president of the Dimayor, Fernando Jaramilloexplained the position they have on the matter: “We are going to evaluate what our legal alternatives are regarding this situation,” he said.
FCF and Dimayor have insisted that since they are not direct employers, negotiations must be team by team. But the teams are the Dimayor and a half FCF…
Our position has been consistent and the Ministry of Labor itself has recognized it in repeated past resolutions and in this last one it also says it and recognizes it: it is clear that we are not and that the employers are the clubs. This labor representation must be headed by individual clubs. But, beyond that, the idea is to create the right environment for football to develop, so that footballers are respected as workers, as they have been for a long time. In this there has been positive evolution, such as their salaries being paid on time, their social benefits, the issue of social security… In this we have the same objectives as Acolfutpro: to create a better work environment so that footballers can carry out their work.
It is believed that the previous pronouncements in favor of non-collective bargaining have been due to the lobbying and closeness of football managers with former officials in positions of power and decision…
I repeat: we believe in our legal position and we have been respectful of all decisions, even if sometimes we do not share them.
The clubs do not look favorably on this mixture that has contaminated the relationship with Acolfutpro.
If there are collective negotiations throughout the world, why can’t it be done in Colombia?
Because the negotiation for association rights and the well-being of footballers was mixed with economic interests. The clubs do not look favorably on this mixture that has contaminated the relationship with Acolfutpro.
Do you think Acolfutpro wants to benefit from points such as, for example, an annual National Team match for Acolfutpro and participation in television rights?
From an economic point of view, it is very clear that these interests of Acolfutpro have nothing to do with the labor issue or the conditions of the workers and yes, in some way, they are seen as a way of acquiring resources for the association.
Is there an antipathy, so to speak, against Carlos González Puche, the executive director of Acolfutpro, and Luis Alberto García, the general secretary?
No. Many clubs have individual communication with them.
That participation in TV rights and the National Team’s annual match are in collective agreements in Europe or South America. Why not here?
Because football has evolved differently in other places in the world. We cannot compare ourselves economically with those countries. Here the financial issue of the clubs must stabilize much more so that we can talk about those possibilities. Today that is not possible.
In Colombian football, managerial vetoes have been presented to players, there are teams that have failed and continue to fail to pay salaries on time…
I already said before that there has been a positive evolution in situations that arose a few years ago: the vast majority of clubs pay on time, except for some specific exceptions. Yes, there are clubs that have fallen behind precisely due to very difficult economic circumstances. In all clubs the issue of social security is resolved. There are no vetoes: I can confirm that as president of the Dimayor. We, the 36 clubs, offered the Superintendence of Industry and Commerce the guarantees and commitments of transparent management. Today all the burdens we have in labor matters are honored.
It has been said that football would prefer to pay the possible fine warned by the Ministry of Labor than to negotiate collectively with Acolfutpro…
We are clear about our solid legal position in terms of labor law and we are obviously willing to defend it. That’s what the assembly is for.
GABRIEL MELUK
SPORTS Editor
@MelukLeCuenta
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