Case of a professional footballer demoted to the U21 team
A professional football player competing in the Swiss Super League was demoted to the U21 squad by his club for "sporting reasons." Challenging this decision, he sought an urgent court order requesting, among other things, his immediate reinstatement to the first team with full access to training sessions and official matches.
The court ultimately rejected the request on 24 October 2024. The player later withdrew his appeal, leading the Zurich Higher Court to close the case in December 2024.
A. What about the right to employment and its limits?
In decision BGE 137 III 303, the Swiss Federal Supreme Court acknowledged that a professional footballer has a legitimate interest in performing his duties in accordance with his contract in order to maintain his market value. This includes:
→ Regular training with players of a similar level.
⇾ Participation in high-level matches.
However, the court did not recognize an absolute right to be fielded in official matches. In the absence of an explicit contractual clause, a player cannot demand to take part in official competitions.
B. Exceptions: Serious misconduct and proportionality
A demotion may be lawful in cases of serious misconduct by the player, such as:
→ Violence against teammates.
→ Repeated unjustified absences.
→ Insults directed at the coach or attempts to destabilize the team.
However, any sanction must be proportionate (limited in duration) and based on objective reasons. An abusive demotion could amount to a breach of the employer's duty of care, opening the door to legal recourse.
C. Practical considerations
→ Contractual clauses: Players can negotiate guarantees ensuring participation with the first team.
→ Arbitration vs state courts: Arbitration clauses (e.g. CAS) do not automatically exclude the possibility of seeking provisional measures from ordinary courts.
→ Risks for clubs: Financial or even criminal penalties may apply if contractual obligations are breached.
D. Conclusion
This case highlights the tension between club management prerogatives (sporting discretion) and player rights (career protection). While courts acknowledge the importance of training and playing conditions for an athlete's professional value, they allow clubs a margin of discretion, provided that actions remain proportionate and in good faith.
Disputes often center around evidence of serious misconduct or breach of contract, underscoring the importance of clear legal structuring in professional sports employment and the need for legal counsel when drafting employment contracts.
Written by Me Armando Pedro Ribeiro