FC Barcelona and Ousmane Dembélé have brought out the heavy artillery to try to solve a problem in which the parties are increasingly further apart. The player refuses to accept the renewal proposal made by the club, considering it insufficient, and in response Barcelona is forcing him to leave the entity and Xavi has stopped calling him.
But this decision could be very expensive for the Barça club if Dembélé chose to denounce Barça for violating his labor dignity and his honor by depriving him of the possibility of exercising his profession. Article 50 of the Workers’ Statute grants the worker the right to request the termination of the employment relationship in the event of a serious and culpable breach by the employer with the right to compensation corresponding to unfair dismissal.
Toni Roca, director of the Sports Law Institute and the Himnus law firm, specializing in football, explains on his Twitter account that if the pressure from the club against the player were persistent over time, then he could opt for the judicial process to terminate his contract unilaterally. and demand compensation from Barça for damages.
“One of the mandatory conditions for a company to be considered guilty of workplace harassment is to perpetuate a humiliating behavior towards its worker over time. In this case, there is no repetition,” he says.
The fact that Xavi has publicly acknowledged for non-sporting reasons and that the club have questioned Dembélé’s commitment would be arguments for the player to denounce although he believes it unlikely since he only has six months left on his contract.
Even so, Dembélé has already issued a statement on his social networks indicating that he does not intend to give in to blackmail and it does not seem that he is going to back down on his decision.
“For four years I have not stopped reading things about myself without ever trying to justify myself (…) Starting today, I am going to answer honestly, without giving in to any type of blackmail (…) I forbid anyone to give the impression that I am not involved in the sports project. I forbid anyone to attribute intentions to me that I have never had. I forbid anyone to speak for me or for my representative, whom I totally trust. Still under contract, I am fully involved and at the disposal of my club, of my coach. I am not a man who cheats and even less a man who has a habit of giving in to blackmail. Surely love is a variant of blackmail”.
“As you know, there are negotiations. I let my agent handle it, it’s his field. My field is the ball, just playing football, sharing moments of joy with my teammates and all the members. Above all, let’s focus on the essentials: WIN,” the statement added.
The AFE (Association of Spanish Soccer Players) also issued a statement in which it showed its support for the player.
“AFE considers that the signing of an employment contract as a professional soccer player obliges him to provide his services on behalf of the club following the instructions provided to him. AFE considers that not reaching an agreement to renew an employment contract does not imply a breach labor, so it may not have any consequences for the provision of services.
The non-alignment of a soccer player for a period of time without any injury, illness or physical impediment, supposes a devaluation of his image and his sporting cache that will negatively affect his future hirings, “says the statement.
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