FICA Threatens BCB With Legal Action (Copy of Email Received)
The following is an email that was received yesterday by the Bangladesh Cricket Board and has been obtained by PakPassion.net
The email was sent to the President of the Bangladesh Cricket Board, Mustafa Kamal by FICA Chief Executive Tim May.
Mr AHM Mustafa Kamal
President
Bangladesh Cricket Board
Dear Sir
I refer to your letter dated 12 April regarding the issue surrounding the security and safety of players re the proposed tour of Pakistan.
I note its contents.
Whilst we have a communication avenue open I wish to express, on behalf of the majority of players that recently participated in the Bangladesh Premier League, our continued disappointment that a large number of players, both foreign and local, still have not received their full entitlements from their franchises.
This is despite many failed promises from franchises to make the required payments and despite an official pronouncement from BCB that following a meeting conducted by BCB and yourself with franchises, foreign players will be paid all outstanding dues by 9 May and domestic players will be paid all outstanding dues by 31 May.
The continued broken promises and deadlines is causing great harm to the integrity of the franchises, the Bangladesh Premier League, the Bangladesh Cricket Board, and all of the officials within such organizations.
As you would be aware, the BCB is a party to the player contracts and has an obligation to guarantee player payments as detailed per the relevant player contract extracts below :-
13. WARRANTIES AND BCB GUARANTEE
13.1 In consideration of the Player agreeing to participate in the League the BCB hereby agrees to guarantee the obligation of the Franchisee to pay the Player Fee as set out in Schedule 1 and the obligations as to medical treatment and repatriation set out at 8.8. The BCB will honour this guarantee forthwith upon receiving notice from the Player specifying any breach of the Franchisee’s guaranteed obligations. BCB agrees that the Player shall not be under any obligation to serve notice of default, or any other demand on the Franchisee, nor to take any form of legal proceedings against the Franchisee, in respect of any breach of the Franchisee’s guaranteed obligations and this guarantee will be enforceable whether or not such steps have been taken by the Player or anyone on the Players behalf.
SCHEDULE 1
Remuneration, Benefits and Tax
1. (a) The Franchisee shall pay to the Player the sum of _________ in Bangladeshi taka (the “Player Fee”) which shall be paid as follows:
(i) as to 25% of the Player Fee, on or before 2nd February 2012
(ii) a further 50% on or before 23rd February 2012 and
(iii) the final 25 % within 45 days of the completion of the Players involvement in the League.
It is acknowledged that 10% of the Player Fee relates to the Sponsorship and Promotional activities referred to in Clause 6.
BCB acknowledges its obligation at 13.1 to guarantee the Player Fee in the event of any failure on the part of the Franchisee to pay any part or the whole of the Player Fee.
Following the inability of the franchises to meet such deadlines, we demand that the BCB satisfies the guarantees it has agreed to under the player agreements IMMEDIATELY.
This applies to all outstanding player fees, both to domestic and foreign players.
If the sums of money are not received by players within 5 business days, FICA will be forced to explore legal routes to recover these monies from BCB.
Additionally FICA will further advise all foreign and domestic players not to participate in any future BPL events.
We would prefer not to engage the above measures, but I am sure that you can understand that the series of broken promises, mistruths and general aversion to pay these outstanding amounts must cease immediately.
We have no doubt that as a person entrusted with Presidency of the Bangladesh Cricket Board that you will take this on personally to ensure all players are paid within the timeline provided above.
I look forward to receiving confirmation from you within 48 hours, that BCB will honor its obligations detailed above.
Should you have any queries regarding the above, please do not hesitate to contact me.
Yours sincerely,
Not signed as sent by email
TIM MAY
Chief Executive
PP