NEWSLETTER-2020-metin

361 SPORTS LAW agreements for the suspension periods of competitions due to the COVID-19 outbreak; • Unilateral decisions that amend the agreements shall not be recognized unless they are made in accordance with national laws, or are permissible within CBA structures, or another collective agreement mechanism; • If the clubs and employees cannot reach an agreement, and national law does not address the situation, or collective agreements with a players’ union are not an option, or not applicable, unilateral decisions that amend the terms and conditions of agreements will only be recognized by the FIFA’s Dispute Resolution Chamber (“DRC”) or the Players’ Status Committee (“PSC”) where they were made in good faith, are reasonable and proportionate. When evaluating whether a decision is reasonable, the DRC or the PSC may consider, without limitation: whether the club had at- tempted to reach a mutual agreement with its employee(s); the eco- nomic situation of the club; the proportionality of any contract amend- ment; the net income of the employee after the contract amendment; and whether the decision applied to the entire squad or only specific employees; and • Alternatively, all employment agreements should be suspen- ded during any suspension of competitions, but proper insu- rance coverage must be maintained, and adequate alternative income support arrangements must be found for employees during this suspension period. Registration Periods In the Guideline, the FIFA safeguards solid solutions concerning the registration periods. Article 6(1) of the RSTP clearly provides that the players may only be registered during one of the two official trans- fer windows, which are fixed by the related associations. According to the RSTP, the start and end date of the transfer windows are entered into the Transfer Matching System (“TMS”) at least 12 months before they come into force. However, under exceptional circumstances, as-

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