Kylian Mbappé is now a member of the 'Bomb Squad'.
The word was written by the American media "The Athletic". The term 'bomb squad' has a special meaning in football. Typically overpaid players, who do not perform as expected or who are no longer considered useful by the club, are referred to as members of the 'bomb squad' when they are separated from the main squad. In Mbappe's case, 'The Athletic' used the word 'jettisoned' to explain the matter. That is, what is thrown from the aircraft or what is abandoned.
This is exactly what PSG is doing with Mbappe. The French club is currently touring Japan and South Korea. Mbappe is training separately from the regular members of the team. The PSG captain is not alone, he is accompanied by Julian Draxler, Georginio Wijnaldum, and Leandro Paredes. These players are now in front of the front door of PSG. That is, the club has separated them to leave them and they are probably not in the plans of the coach Luis Enrique. In France, such isolated groups are called 'lofts'. Its close meaning in Bengali is 'loft'. It is understood that this loft is different from the main team of PSG.
The reason why PSG sent one of the best footballers in the world to practice in that isolated team is known by now. A few days ago, Mbappe told PSG that he wants to leave the club after his contract expires in 2024. That is, Mbappe wants to leave PSG as a 'free agent'. What is the benefit of the club if the player who has so much investment behind him leaves as a free agent?
PSG wants to sell him before the end of his contract to bring home some money. Another way is open. Mbappe has to renew his contract. Only Mbappe can do that and it must be done by July 31, i.e. next Monday. Since the French star is not willing to extend his contract, he has been sent to the 'bomb squad'. The text says, either renew the contract or you will be sold for money. Al Hilal also has an offer of €300 million.
Now the question is, can PSG legally walk this way? 'The Athletic' tried to find the answer to that question.
The salary figure is not yet confirmed, but the number is eye-watering. Mbappe, meanwhile, wants to leave the club at the end of his current contract at PSG. Anything can happen in such a situation. But another thing should be kept in mind if Mbappe stays at PSG for the whole next season, then the French club will have to pay him a loyalty bonus of 60 million euros. In such a situation, "The Athletic" tried to know the risk of PSG and how much of Mbappe's rights are in this situation by talking to the employment lawyers in French sports.
The National Union of Professional Footballers (UNFP), the association of professional footballers in France, issued a statement last Saturday on the Mbappe-PSG situation. The UNFP will monitor whether PSG is in breach of Mbappe's contract under French labor laws, the statement said, adding that PSG will be prosecuted if they break the law.
PSG believe they have not broken any laws by bringing Mbappe into the summer transfer window. But if the situation does not improve, legal issues will come up for discussion. Let's take a look at the offer from Saudi Arabia for Mbappe. Saudi Arabian club Al Hilal wants to buy him for 300 million euros and wants to pay Mbappe 700 million euros for one season.
In 1973, after the French footballers' strike, an all-inclusive charter was drawn up. The charter provides guidance on how the relationship between the France Football Federation (FFF), the Professional Football League (LFP), clubs, coaches and players will be. The UNFP also referred to this charter in its statement. Article 507 of this Charter directly deals with the 'Loft' and 'Bomb Squad' players. Sports lawyer Laura Fellows explained the clause, saying clubs can form squads under Article 507 during the July 1 to September 1 transfer season and "loft" certain players if the club "wishes". But it will no longer be in force from September 2.”
This special group of players will have no legal problems under the 'French Football Charter' (Charter) provided they receive the necessary training, medical care, and coaching. But from 2nd September to 30th June of the following year to be transferred to the appropriate place under clause 2.2 of Article No. 507. Laura Fellows explained, 'If they are kept in the reserve team it will be temporary. And the number of these players kept aside should be at least 10. Most importantly, there must be sporting reasons for such decisions, which must also be specifically explained.
From my point of view, it will be difficult not to put the best player in the world in his rightful place, if the situation continues after September 2.
Earlier, a special legal commission was formed by League One to solve the problem in such a situation. From there we can try to understand the matter. In 2019, French midfielder Adrien Rabiot was sent to train with the reserve team as punishment after refusing to renew his contract at PSG.
The reserve team does not get the benefits that PSG's main team gets in practice. The UNFP criticized PSG's decision after the Legal Commission raised the matter, and Rabiot was later returned to the first team but did not play again for PSG that season. As for Mbappe, PSG will no longer be able to keep him as part of the disbanded squad after September 1. It will violate the French Football Charter.
The UNFP raised another legal issue in its statement—moral harassment. It is said, 'The UNFP feels the need to remind managers that pressure is placed on the worker (player). For example, poor working conditions—firing him or forcing him to do what the employer wants—constitute moral harassment. French law is very strict on this. The matter was recognized by the decision of the Rim Appellate Chamber in January 2020.
Deborah David, an expert in employee employment law, explained the moral harassment of Mbappe from the point of French labor law, "Mbappe is a fixed-term employee, he is under the French labor law and moral harassment is punishable under this law." Harassment can be legally defined as harming an employee's working environment, violating rights and dignity, and causing physical and emotional harm. Separating a player from the original team may be considered moral harassment, or pressure to force him to stand down.'
Mbappe can go to court if moral harassment is not resolved under France's Football Charter Act. Moral harassment is a civil and criminal offense under French law. Under criminal law, the penalty is 30,000 euros in fines and two years in prison. And in case of the football club, the amount of the fine can be five times. In terms of moral harassment, "Athletic" cited the case of Hatim Ben Arfa.
After 1 September 2017, Ben Arfa was sent to the reserve team twice. He was brought back into the first team for a second time in mid-October. In March this year, the Paris Court of Appeal ruled that PSG had sent Ben Arfa to the reserve team to encourage him to accept offers from other teams before his contract expired. PSG was fined just one euro as figurative compensation, though it was seen as moral harassment.
Deborah David explained the matter thus, 'Looking at the Ben Arfa case, we understand that the court thinks that singling out a professional player is not moral harassment. PSG has the right to decide where he will be. So if Mbappe is kept on the bench after returning, it will not be moral harassment.
How the Mbappe vs PSG 'match' settles now remains to be seen.
