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Marco Silva

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andy ranbeer said:
Of course they can. He's under contract with no release clause. They don't have to accept his resignation; as long as they keep paying him according to his contract, they can stop him signing a contract with anyone else.

If he sulks and doesn't put his all into the job, they can put him on gardening leave. (it would be professional suicide for him to 'go on strike' though) In fact Inter put Mazzarri on gardening leave, paying him his salary, for 18 months, to stay at home.

No doubt a chunk of his contract is performance related, so they won't have to pay that. His wages aren't such a big deal in the great scheme of things.
Click to expand...

First of all, no one knows other than Silva, Watford and presumably Everton what the exact nature of Silva's contract is with Watford. It's highly unlikely he'd have gone into that club and signed his life away for two seasons.

Second, here are the rules regarding club/manager obligations on contracts:


“Contracts of employment between a Club and Manager shall:

  • include the standard clauses set out in Appendix 7;
  • clearly set out the circumstances in which the contract of employment may be determined by either party.” (Rule P.8)
Those standard clauses, in Appendix 74 of the Premier League Handbook, read as follows:

  1. “The Manager shall observe and comply with the rules and regulations for the time being in force of any organisation or body the rules and regulations of which the Club is bound to observe including those of The Football Association and League and in particular he shall at all times act in accordance with the League’s Code of Conduct for Managers.
  2. The Manager shall comply with all reasonable instructions and requests which arise in the first case out of any commercial contract entered into by the League for the benefit of its members or in the second case out of any such contract entered into by the Club for its own benefit and the Manager shall not himself enter into any such contract which conflicts or competes or is reasonably likely to conflict or compete with those entered into by the League or by the Club as aforesaid.
    a) given to Club Managers by the League or
    b) given to the Manager by the Clubwhich arise in the first case out of any commercial contract entered into by the League for the benefit of its members or in the second case out of any such contract entered into by the Club for its own benefit and the Manager shall not himself enter into any such contract which conflicts or competes or is reasonably likely to conflict or compete with those entered into by the League or by the Club as aforesaid.
  3. Any dispute or difference arising between the parties hereto as to the construction of this Agreement or the rights duties or obligations of either party hereunder or any matter arising out of or concerning the same or the Manager’s employment hereunder shall be referred to the Managers’ Arbitration Tribunal in accordance with the Rules of the League for the time being in force. Notwithstanding the foregoing provisions of this clause 3 and without prejudice thereto, the parties shall use and until the conclusion of the arbitration shall continue to use their best endeavours to attempt to reach a settlement of their dispute by mediation.”


All about establishing what is reasonable...and as said that goes back to the SPECIFICS of the original Silva contract signed with Watford.

This is not a black and white issue...no contracts ever are. There is wriggle room always left in them...agents see to that.
 
davek said:
First of all, no one knows other than Silva, Watford and presumably Everton what the exact nature of Silva's contract is with Watford. It's highly unlikely he'd have gone into that club and signed his life away for two seasons.

Second, here are the rules regarding club/manager obligations on contracts:


“Contracts of employment between a Club and Manager shall:

  • include the standard clauses set out in Appendix 7;
  • clearly set out the circumstances in which the contract of employment may be determined by either party.” (Rule P.8)
Those standard clauses, in Appendix 74 of the Premier League Handbook, read as follows:

  1. “The Manager shall observe and comply with the rules and regulations for the time being in force of any organisation or body the rules and regulations of which the Club is bound to observe including those of The Football Association and League and in particular he shall at all times act in accordance with the League’s Code of Conduct for Managers.
  2. The Manager shall comply with all reasonable instructions and requests which arise in the first case out of any commercial contract entered into by the League for the benefit of its members or in the second case out of any such contract entered into by the Club for its own benefit and the Manager shall not himself enter into any such contract which conflicts or competes or is reasonably likely to conflict or compete with those entered into by the League or by the Club as aforesaid.
    a) given to Club Managers by the League or
    b) given to the Manager by the Clubwhich arise in the first case out of any commercial contract entered into by the League for the benefit of its members or in the second case out of any such contract entered into by the Club for its own benefit and the Manager shall not himself enter into any such contract which conflicts or competes or is reasonably likely to conflict or compete with those entered into by the League or by the Club as aforesaid.
  3. Any dispute or difference arising between the parties hereto as to the construction of this Agreement or the rights duties or obligations of either party hereunder or any matter arising out of or concerning the same or the Manager’s employment hereunder shall be referred to the Managers’ Arbitration Tribunal in accordance with the Rules of the League for the time being in force. Notwithstanding the foregoing provisions of this clause 3 and without prejudice thereto, the parties shall use and until the conclusion of the arbitration shall continue to use their best endeavours to attempt to reach a settlement of their dispute by mediation.”


All about establishing what is reasonable...and as said that goes back to the SPECIFICS of the original Silva contract signed with Watford.

This is not a black and white issue...no contracts ever are. There is wriggle room always left in them...agents see to that.
Click to expand...
None of that applies to Watford releasing Silva. It all relates to Silva's conduct. The key thing is the existence or otherwise of a release clause - everybody reporting on this have said there isn't one.

As for signing away your life for 2 seasons - if reports are to be believed a £2.5m p.a. salary would probably ease the pain. Otherwise any manager could just give a month's notice and walk.
 

andy ranbeer said:
None of that applies to Watford releasing Silva. It all relates to Silva's conduct. The key thing is the existence or otherwise of a release clause - everybody reporting on this have said there isn't one.

As for signing away your life for 2 seasons - if reports are to be believed a £2.5m p.a. salary would probably ease the pain. Otherwise any manager could just give a month's notice and walk.
Click to expand...
Tribunals are there for a reason. This reason.
 
davek said:
First of all, no one knows other than Silva, Watford and presumably Everton what the exact nature of Silva's contract is with Watford. It's highly unlikely he'd have gone into that club and signed his life away for two seasons.

Second, here are the rules regarding club/manager obligations on contracts:


“Contracts of employment between a Club and Manager shall:

  • include the standard clauses set out in Appendix 7;
  • clearly set out the circumstances in which the contract of employment may be determined by either party.” (Rule P.8)
Those standard clauses, in Appendix 74 of the Premier League Handbook, read as follows:

  1. “The Manager shall observe and comply with the rules and regulations for the time being in force of any organisation or body the rules and regulations of which the Club is bound to observe including those of The Football Association and League and in particular he shall at all times act in accordance with the League’s Code of Conduct for Managers.
  2. The Manager shall comply with all reasonable instructions and requests which arise in the first case out of any commercial contract entered into by the League for the benefit of its members or in the second case out of any such contract entered into by the Club for its own benefit and the Manager shall not himself enter into any such contract which conflicts or competes or is reasonably likely to conflict or compete with those entered into by the League or by the Club as aforesaid.
    a) given to Club Managers by the League or
    b) given to the Manager by the Clubwhich arise in the first case out of any commercial contract entered into by the League for the benefit of its members or in the second case out of any such contract entered into by the Club for its own benefit and the Manager shall not himself enter into any such contract which conflicts or competes or is reasonably likely to conflict or compete with those entered into by the League or by the Club as aforesaid.
  3. Any dispute or difference arising between the parties hereto as to the construction of this Agreement or the rights duties or obligations of either party hereunder or any matter arising out of or concerning the same or the Manager’s employment hereunder shall be referred to the Managers’ Arbitration Tribunal in accordance with the Rules of the League for the time being in force. Notwithstanding the foregoing provisions of this clause 3 and without prejudice thereto, the parties shall use and until the conclusion of the arbitration shall continue to use their best endeavours to attempt to reach a settlement of their dispute by mediation.”


All about establishing what is reasonable...and as said that goes back to the SPECIFICS of the original Silva contract signed with Watford.

This is not a black and white issue...no contracts ever are. There is wriggle room always left in them...agents see to that.
Click to expand...

Is that you Damo?
 

MoutsGoat said:
Any tribunal worth its salt will see that the Manager honours his contract.
Click to expand...
They'll look at the contract agreed and probably see that, all told, it favours the club but conclude "hey, it is what it is - let's do business".

And it's supremely naive to think it wouldn't happen that way.
 
davek said:
They'll look at the contract agreed and probably see that, all told, it favours the club but conclude "hey, it is what it is - let's do business".

And it's supremely naive to think it wouldn't happen that way.
Click to expand...

He signed a contract, he must honour it, the club would have to honour it if they sacked him, contracts are there to protect clubs and Managers, you cant just break them cos somebody flashed more cash at you.

Theres no need for any of this tho, all he needs to do is make a statement saying he wants the job, Watford will fold like a cheap suit.
 
Connor said:
I mean, is there any sort of precedent for that.
Click to expand...
The equivalent of putting a player with the kids.

There probably isn't a precedent, but probably because it would be career suicide for a manager to refuse to honour his contract, unlike a player acting like a brat, because there will always be a team mug enough to take a chance on a talented but petulant player. (although even that will lose its novelty - where is Ravel Morrison these days?*)

* had to look it up - he's playing on loan in the Mexican league
 
For what’s left for us this season, I would cool the interest & let Rhino take the next 5-6 games.

Leave Watford stewing with a manager they know wants to be elsewhere. Let them come back to us.
 
andy ranbeer said:
The equivalent of putting a player with the kids.

There probably isn't a precedent, but probably because it would be career suicide for a manager to refuse to honour his contract, unlike a player acting like a brat, because there will always be a team mug enough to take a chance on a talented but petulant player. (although even that will lose its novelty - where is Ravel Morrison these days?*)

* had to look it up - he's playing on loan in the Mexican league
Click to expand...

Hmm, not sure that is at all accurate but, we'll see.
 

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