Haas no longer plays in Bern, but with the Edmonton Oilers. Image: KEYSTONE
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Eismeister Zaugg
The NHL transfer agreement and the anger over the “Gaëtan Haas case”
As is well known, the heads of the Swiss ice hockey clubs have agreed to sign the NHL transfer agreement. It would be foolish not to sign the contract because of a few delicate cases. The main focus is on SC Bern and ZSC Lions.
NHL union boss Bill Daly has assured the league that nothing stands in the way of signing a transfer contract. The agreement will be revised for the 2021/22 season. The Swiss can still sign the old agreement and put it into effect for the 2020/21 season.
Once again briefly explained: The agreement entitles the NHL to sign up to every player from the National League by July 15th, regardless of their contract with the Swiss club. In return, the club receives a transfer fee (around CHF 250,000) for every transfer of a Swiss person to the NHL and there is also money for players who come into the NHL draft.
The accompanying measure causes upset
The problem: A new regulation on foreigners is to be introduced as an accompanying measure. A club that loses a player from a current contract to the NHL may substitute an additional foreigner – provided the player submitted has played at least 50 games in the National League by then. This measure makes sense. A key player can no longer be replaced in the transfer market in summer.
So simple, so clear, so true, so good and so easy.
But it is not so clear, so true, so good and so simple. The easiest way to explain the problem in the practical implementation of this regulation is with two examples: the “Gaëtan Haas case” and the “Pius Suter case”.
About the «Suter case». Does a contract with an NHL exit clause also count as an ongoing contract? Actually no. Because the contract entitles the player to switch to the NHL. So the ZSC Lions may not use additional foreigners (four instead of five) if top scorer Pius Suter activates his exit clause and moves into the NHL. But ZSC sports director Sven Leuenberger believes that the ZSC is entitled to an additional foreigner. His argument is convincing. He says: “The transfer agreement will invalidate all NHL exit clauses. Pius Suter has a contract with us. »
League top scorer: Suter collected 53 points in 50 games in the regular season. Image: KEYSTONE
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Remove exit clauses from contracts immediately
Where he is right, he is right. The question is whether Leuenberger can get away with this argument. To be on the safe side, he gives his top scorer a little “Giletmünz” and takes the exit clause out of the contract before the NHL transfer agreement comes into force. In any case, all sports directors should now immediately remove the NHL exit clauses from the contracts. Just in case.
About the “Fall Haas”. SCB striker Gaëtan Haas prematurely extended his contract in Bern until 2021 a year ago. In return, the SCB granted him an NHL clearance that was not previously in the contract – on condition that if he returned to Switzerland before 2021, he would have to play at the SCB again.
The striker switched to Edmonton Oilers last summer with a one-year contract. Now the question is: if he extends in Edmonton (or another NHL team) – will the SCB be entitled to an additional foreigner next season?
Lüthi does not want to pour oil into the fire
SCB General Marc Lüthi knows about the irritability of the competition in this matter and says: «I cannot say yet whether we will claim an additional foreigner if Haas stays in the NHL for another year. I’ll worry about that when the time comes. If I look around like that, I’m going to assume that he will play with us next season… ». However, law enforcement officers report that the SCB will very well file a complaint with an additional foreigner if Gaëtan Haas stays in the NHL.
ZSC sports director Sven Leuenberger believes that the SCB is not entitled to an additional foreigner in this case. Gaëtan Haas is already gone and belongs to Edmonton Oilers and no longer SC Bern. Where he is right, he is right.
Nevertheless, in this case it is not entirely certain that Sven Leuenberger’s view will prevail. Gaëtan Haas is under contract in Bern until 2021 and if he is unable to fulfill the contract because of an engagement in the NHL (because he remains in North America), the SCB is entitled to an additional foreigner as a replacement.
Agreement rewards youth training and well-run clubs
The problem of «sham contracts» remains. Slyheads among the sports bosses will extend a player’s contract or contract players who already know that they will then move to the NHL. In contrast, no herb has grown. After all, this abuse can be narrowed down if one can only be replaced by an additional foreigner if he played in the National League in the previous season.
All Swiss who were drafted into the NHL
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Either way, it would be foolish to let the transfer agreement fail because of a few delicate cases. It is an agreement that rewards intensive youth training and thus helps a well-run small club. Those who promote their talents and use them in the National League have a very good chance that they will come to the NHL – and then there will be money (around CHF 250,000) plus the right to an additional foreigner.
Supposedly «small» clubs can afford to force the young players – Ambri is an example of this. On the other hand, if you work with coaches who can almost only be persuaded to use guns to force young players to play, it is your own fault.
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