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Transfer Embargo Legal?


geronimoo

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I assume we can sign under 18s because they aren't signed on full-time "professional" contracts.

Probably my ignorance, but is there anything stopping us signing Rino (for example) on an amateur contract?

excellent post, surely it cannot be a direct U18's you can sign only ban, what happens if we signed a 17yo wonder kid on a £25k a week deal? the ban is flawed in that respect!

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What's all this insistence about win bonuses? What happens when a player is not selected by his manager? What happens when a player is suspended for a red card? Or a player who is cup-tied? Do you suggest that he go to the courts every time he doesn't play a match and get a win bonus? No court in the world would accept such a pathetic case. Bosman was totally different as the player was out of contract but the club refused to release his registration without a transfer fee. The restriction of trade was based on his not being able to sign for another club. In the present case there is no restriction on

a player signing and being paid a salary. Bonuses are not the same as a salary.

Dont get your alter boy's knickers in a twist. There is no insistance on win bonuses,only used as examples

I mentioned before 'if the manager selected the player' If he is not selected then no case

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Dont get your alter boy's knickers in a twist. There is no insistance on win bonuses,only used as examples

I mentioned before 'if the manager selected the player' If he is not selected then no case

You've been basing your whole argument from post 16 on page 1 on the idea of a win bonus so it is hardly an "example". There are many things about sports rules which go against employment regulations but which are accepted for sporting reasons. Let's just imagine the following situation; the Gers beat Barca at the Camp Nou in the semi-final of the Champions League. Now under company and employment law there is no reason why Barca should not buy out the Gers, transfer all the players into their first team and play the second leg at Ibrox against the under-19s. Would you find that acceptable on a sporting basis? Of course not; that is why there are rules concerning transfers and conflicting interests. Besides it is illegal for an employer to sell an employee to another company but has this stopped transfers in football?

It is also stated here that it is illegal to discriminate on the basis of race. Well let's take the case of Rino again. He decides that he wants to play for the Scotland team. However, since he has already played for Italy, he can't. Is this a cause for him to go to the ECHR because he is being refused the right to earn caps and bonuses?

You also need to get the ECHR idea out of your head as it is not a quick fix. It is only available when one has gone through the entire justice system in one's own country and there is an incredibly long waiting list of cases.

Forum members would be better off looking for serious solutions to problems rather than this airy-fairy pie-in-the-sky nonsense. I want the Gers to survive as the club I have known since childhood, and I've been following them a damned sight longer than most others on this forum, but we need to come up with practical ideas.

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You've been basing your whole argument from post 16 on page 1 on the idea of a win bonus so it is hardly an "example". There are many things about sports rules which go against employment regulations but which are accepted for sporting reasons. Let's just imagine the following situation; the Gers beat Barca at the Camp Nou in the semi-final of the Champions League. Now under company and employment law there is no reason why Barca should not buy out the Gers, transfer all the players into their first team and play the second leg at Ibrox against the under-19s. Would you find that acceptable on a sporting basis? Of course not; that is why there are rules concerning transfers and conflicting interests. Besides it is illegal for an employer to sell an employee to another company but has this stopped transfers in football?

It is also stated here that it is illegal to discriminate on the basis of race. Well let's take the case of Rino again. He decides that he wants to play for the Scotland team. However, since he has already played for Italy, he can't. Is this a cause for him to go to the ECHR because he is being refused the right to earn caps and bonuses?

You also need to get the ECHR idea out of your head as it is not a quick fix. It is only available when one has gone through the entire justice system in one's own country and there is an incredibly long waiting list of cases.

Forum members would be better off looking for serious solutions to problems rather than this airy-fairy pie-in-the-sky nonsense. I want the Gers to survive as the club I have known since childhood, and I've been following them a damned sight longer than most others on this forum, but we need to come up with practical ide

Havent even read. Not debating with bheasts :crabflute:

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