cause of the conflict: the former Mainz coach Thomas Tuchel Heinz Müller end of 2013 sorted out
After the success of the goalkeeper Heinz Müller before the labor court Mainz the union of the contract football players (VDV) has again called for the conclusion of a collective agreement for professional football players. CEO Ulf Baranovsky said in an interview with this newspaper, the controversial legal limit of contracts in professional football could provide for safely through the conclusion of a collective agreement. “This fundamental problem has been known for years and did not fall from heaven,” Baranovsky said. “It has long been debated among distinguished jurists, the view of the Mainz Labour Court is therefore no single opinion.”
Author: Christoph Becker, born in 1978, sports editor.
. Author: Daniel Meuren, born in 1973, sports editor of
The Labour Court had last Thursday decided to sue the former goalkeeper of Mainz 05, who is working towards meantime on a racing career that his employment as a professional football player without objective reason in principle not more than two years, the provisions of § 14 part-time and temporary employment law, should be also limited in time and then a right to a permanent position there (Ref .: 3 Ca 1197/14). However, the Act provides for the agreement of exemptions provided that they are part of a collective agreement. Baranovsky pointed out that there are collective agreements in several European leagues, as in the Netherlands, France and Spain.
There have been other judgments
The Mainz judgment, which will be available, according to the Court within the next three to four weeks in written form and is not yet legally has, among representatives of the German professional clubs and the German Football Association (DFB) caused a considerable stir. Harald Strutz, lawyer and president of Mainz 05 had announced an appeal against the judgment already on Tuesday. Rainer Koch, in charge as the first vice-president of the DFB for legal affairs, said on Wednesday the online portal “Sport1.de”, “It is I have no doubt that the general labor in football may not apply.” The fact that for fixed-term employment contracts in the private sector are clear boundaries, was “absolutely right”. But in football but everyone knows that “you can not go with 67 retired, but that one has time contracts that are renewed again and again.”
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The German Football League (DFL) pointed out that in similar cases in the past differently was judged. Thus, the state labor court Nuremberg had ruled in March 2006 that may be substantive grounds for a fixed-term contract of a professional soccer players “the variety needs of the audience and the age and the player’s expected physical deficits” (Az .: 7 Sa 405/05). The DFL therefore see no need for action.
© dpa Large litter? The former Mainz goalkeeper Heinz Müller causes a stir
Large litter? The former Mainz goalkeeper Heinz Müller causes a stir
Baranovsky said, even in Müller’s case, it is quite possible that the judgment in a higher court, “conceded again” could be: “There are arguments for both sides.” However, the players union in the past have also represented trainer court, with those of fixed-term contracts had also been completed. In several cases, however, it is never been a last-instance decision, since the parties had agreed out of court.
Müller just wanted a severance
Also, Müller, now 36 years old, had initially attempted after presentation of his adviser Klaus Gerster, with his former club to agree on a compensation sum, however, Mainz had 05 rejected the , “Heinz Müller had originally sued us that his employment contract is extended for another year,” the Mainz manager Christian Heidel told this newspaper.
Muller had not been included in the 2013/2014 season by former Mainz coach Thomas Tuchel for the Bundesliga team and had argued in court that this was not made for sporting reasons. As a result, he did not reach for a further extension of its necessary according to a number of terms in operations. “He has also made a premium claim. In this case, the court has given us right, but then turned to the issue of fixed-term contracts, “Heidel said.
© dpa Goalkeeper racer with ambitions: Heinz Müller utensils with his two passions
Goalkeeper racer with ambitions: Heinz Müller utensils with his two passions
In fact, now so interesting for professional sport part was only a consequence of enlargement action in the course of the discussion, which lasted following a failed conciliation hearing last fall about two appointments. Here, the former Mainz coach Thomas Tuchel and equipment manager Walter Notter had to subpoena the plaintiff in the argument give information how Müller could have been treated unfairly sporty. Müller wanted to prove that Tuchel unjustified deported him to the U23 and thus the participation had been deprived of victory premiums to be paid only for the 18 professionals comprehensive Roster. The evidence failed lawyer Horst Müller Kletke however.
judge sees no reason for exception
Instead, you could soon Müller insist on its right to employment, if the judgment of the Mainz Labour Court would take effect. As a result, could, in principle erstreiten entitled to a permanent position in law all professional athletes. “The prevailing level of fixed-term contracts in professional sports, led by the association as an argument can not be an argument for us, an exception to justify the statutory bid,” said Judge Ruth Lippa, who points out that even with permanent employment outside of sports excellence expected and power fluctuations would be accepted.
This week Mainz 05 had another goalkeeper may incidentally good use. Goalkeeper Loris Karius bored at the U21 National Team, substitute Stefano Kapinos at the Greek selection. Coach Martin Schmidt had to resort to a young man.
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