Soccer athletes have to receive contractual fine when their labor contracts are prematurely terminated by their employer (clubs). This is how some Brazilian Ministers from the highest labor court interpret Article 28 of the Law 9.615.
Other ministers believe that only the athletes are obliged to pay fines. The idea consists in that Article 28 would have been written in order to protect the clubs, not the athletes. There are decisions accordingly.
Minister Aloysio Corrêa da Veiga, in a vote, expressed his point of view: to believe that the contractual fine only obliges the athlete is not considering its natural bilateral obligations; it is to impose harder conditions to worker than club.
Minister Lélio Bentes has the same opinion: the contract fine is due by who terminates the contract early.
The controversy will probably be solved in favor of the athletes; fines shall be paid by both clubs and athletes. But nobody knows when a consensus will be reached by the court.
Cases: RR-3/2005-202-04-00.3 and RR 581/2002-093-09-00.5 (TST).
