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Talks without effect – now salary deduction: Bayern’s reaction is legal

After Joshua Kimmich, four more – presumably unvaccinated – players at FC Bayern have to go into quarantine The record champions have now announced consequences and will no longer pay salaries to the players concerned during the quarantine

There has been a lot of internal talk at FC Bayern in recent weeks. Arguments have been exchanged, with the club’s executives presenting the pros of a vaccination against Corona and the unvaccinated players presenting the cons. The understanding for the club’s views and intentions has clearly increased among some of the still unvaccinated professionals – but by no means among all of them – they say, and the substantive debate is more detailed and deeper than in September or October, but the definite commitment to the step towards vaccination is still pending.

Attempts at persuasion without the desired immediate effect

Although it is still hoped at Säbener Straße that some of the players in question – Joshua Kimmich is a well-known example – will change their minds, the many attempts at persuasion made by the FCB officials in their permanent dialogue have so far failed to have the desired immediate effect. And at some point the arguments are exhausted. “The club’s stance and my personal one is that we should all get vaccinated because it’s the only way out of the pandemic,” said Chief Sports Officer Hasan Salihamidzic before last Friday’s Bundesliga match in Augsburg: “I did it yes.” President Herbert Hainer made the same comment:

Salary deduction not as a possibility, but as a concrete measure

However, all the words have so far failed to bear fruit – on the contrary: on Sunday, after Kimmich, the presumably unvaccinated professionals Serge Gnabry, Jamal Musiala, Eric Maxim Choupo-Mouting and Michael Cuisance also had to go into quarantine. Now the FCB decision-makers are taking concrete action. Last Thursday, the non-vaccinated professionals of the record champion were informed that the club would no longer pay their salaries for the period of time during which these players had to be quarantined and therefore could not train or play. This consequence of the club was not communicated as a possibility – but as a definite measure.

Süle is “entitled to continued payment of wages “

Kimmich will therefore be missing two weeks’ money in the November statement. For Niklas Süle, this rule does not apply. “If someone is infected, he is entitled to continued payment of wages”. and in all likelihood also in the case of Gnabry, Musiala, Choupo-Moting and Cuisance, this condition does not apply, explains the legal expert: “The player is healthy, but cannot work just because he is not vaccinated.” This  player has “no entitlement to continued payment of wages since 1 November, quite clearly”. So the action of the Bayern bosses is rightful.

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