The labor pitch in sport takes place between the contract and the license. With the first you link to a club and with the second you participate in a competition. I prevent it, because it is what makes it different from any other work environment. That is, in the sport the paradox is given that you can have a contract and this is not enough to exercise your profession. Focusing on the possibility that the women’s soccer supercop can be played in Saudi Arabia, the first thing to keep in mind is that the place of celebration is not chosen by the club, as a company, but the Royal Spanish Football Federation, depending on this Said competition.
The next issue is now whether the club, forced by the Federation, decides to transfer that competition to this country, in which an obvious discrimination against women is suffered. This, for soccer players/workers, would mean traveling, concentrating and playing in a territory in which Spanish laws are openly breached, specifically, article 14 of the Spanish Constitution.
The soccer player/worker would therefore be before the crossroads of paying attention to the Federation, which is not her company, but that it is commanded by her license, despite being against her will or moral conscience. Or object as a worker and not accept a norm, which not only goes against its principles and that of the protection of equality, but is contrary to the legislation of their country. To the elderly, if the current leaders of the RFEF decide to do so, it will be without taking into account and despite the existence of a judicial procedure, in an instructional phase, in a court in Majadahonda, against the previous president for alleged crimes of corruption in the Business, unfair administration and money laundering with the focus on the transfer of the male supercop also to Saudi Arabia.
These workers would have to protect them from an imposition, with purely economic dyes, which forces them to exercise their profession in a country that does not respect them as women. A country that does not consider them on equal terms regarding men. There is nothing more to remember the recent background of compatriots at the exit of the stadium where the last male Spanish supercopa was held.
The question is: did the players/workers have legal arguments to appeal in case of refusing to follow the orders of their companies since the RFEF has decided to send them to play a Spanish competition outside of Spain? In principle, following our legal system they would have arguments that would not make them fall into a breach of contract, based not only on the right to object, but about what is objected is to legitimize or not the inequality between men and women, in addition to bleaching Through a sports show a legitimately established situation in that country of discrimination of women in front of men.
Jurisprudentially, there are pronouncements in that regard. It is not, therefore, an unknown matter, (STSJ of Catalonia of June 18, 2013 and February 24, 2015). Of course it is not about giving a category of fanatization to individual principles. It is something much deeper. It is about safeguarding universal rights of any democratic country, and making them fulfill in front of the omission by commission.
Finally, the Charter of the Fundamental Rights of the European Union recognizes, in its article 10.2, the right to conscientious objection. Even more we must take into account, in the work framework, the ILO recommendation 157 (World Labor Organization) that mainly advises the exception of those tasks that conflict with its “religious, moral or ethical convictions.”
MarÃa José López She is a lawyer and director of the AFE legal services, the Association of Spanish Footballers.
