Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 6 March 2013,
by Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the player,
Player M, from country P
as Claimant
against the club,
Club A, from country C
as Respondent
regarding an employment-related dispute
between the parties
I.
Facts of the case
1.
On 24 August 2010, Player M, from country P (hereinafter: player or Claimant), and
Club A, from country C (hereinafter: club or Respondent), signed an employment
contract, valid as of the date of receipt of the International Transfer Certificate until
31 May 2011 (hereinafter: contract).
2.
On 25 August 2010, the player and the club signed a second agreement, valid until
31 May 2011 (hereinafter: agreement).
3.
In accordance with the contract, the player was entitled to receive the total amount
of EUR 15,000 for the 2010-2011 season, in nine equal instalments of EUR 1,667 each.
4.
According to the agreement, which was signed in addition to the contract, the player
was entitled to receive, inter alia, the total amount of EUR 12,000 for the 2010-2011
season, in nine equal instalments of EUR 1,333 each, commencing as from ``31’’
September 2010 until 31 May 2011.
5.
On 20 March 2012, the player lodged a claim against the club in front of FIFA
maintaining that the club failed to pay the following remuneration:
a) Part of the salary for February 2011
EUR 1,000
b) Monthly salary as from March 2011 to May 2011
(EUR 3,000 X 3 instalments)
EUR 9,000
6.
The player explained that he honoured and successfully completed the employment
contract until 31 May 2011.
7.
Furthermore, on 16 February 2012, the player requested the club in writing to
comply with its obligations while indicating his intention to take further action in
case of failure to do so.
8.
Therefore, the player asked that the club be ordered to pay him the total amount of
EUR 10,000 and an amount of money to cover his legal expenses.
9.
In spite of having been invited by FIFA to do so, the club did not present any reply to
the player’s claim.
Player M, from country P / Club A, from country C
Page 2 of 5
II.
Considerations of the DRC judge
1.
First of all, the DRC judge analysed whether he was competent to deal with the case
at hand. In this respect, he took note that the present matter was submitted to FIFA
on 20 March 2012. Consequently, the 2008 edition of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(hereinafter: Procedural Rules) is applicable to the matter at hand (cf. art. 21 par. 2
and par. 3 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 and par. 3 of the Procedural
Rules and confirmed that in accordance with art. 24 par. 1 and par. 2 in conjunction
with art. 22 lit. (b) of the Regulations on the Status and Transfer of Players (edition
2012) he is competent to decide on the present litigation, which concerns an
employment-related dispute with an international dimension between a country P
player and a country C club.
3.
Furthermore, the DRC judge analysed which regulations should be applicable as to
the substance of the matter. In this respect, he confirmed that in accordance with art.
26 par. 1 and par. 2 of the Regulations on the Status and Transfer of Players (editions
2012 and 2010), and considering that the present claim was lodged on 20 March
2012, the 2010 edition of said Regulations (hereinafter: Regulations) is applicable to
the present matter as to the substance.
4.
The competence of the DRC judge and the applicable regulations having been
established, the DRC judge entered into the substance of the matter. In this respect,
the DRC judge acknowledged that the Claimant and the Respondent had signed an
employment contract as well as an additional agreement, in accordance with which
the player was to receive the total monthly remuneration of EUR 3,000, in nine equal
instalments as from September 2010 until May 2011.
5.
In continuation, the DRC judge noted that the Claimant lodged a claim against the
Respondent requesting the payment of the amount of EUR 10,000 on the basis of the
aforementioned employment contract and additional agreement. The DRC judge
further acknowledged that the Claimant maintained to have fully complied with his
obligations until 31 May 2011.
6.
The DRC judge further noted that, on 16 February 2012, the Claimant requested the
Respondent to comply with its obligations.
Player M, from country P / Club A, from country C
Page 3 of 5
7.
Subsequently, the DRC judge took into account that the Respondent, for its part,
failed to present its response to the claim of the player, in spite of having been
invited to do so. In this way, the DRC judge deemed the Respondent renounced its
right to defence and, thus, accepted the allegations of the Claimant.
8.
Furthermore, as a consequence of the aforementioned consideration, the DRC judge
concluded that, in accordance with art. 9 par. 3 of the Procedural Rules, a decision
shall be taken upon the basis of the documents already on file; in other words, upon
the statements and documents presented by the Claimant.
9.
Taking into account the above as well as the documentation presented by the
Claimant in support of his petition, the DRC judge established that part of the salary
for February 2011, i.e. EUR 1,000, plus EUR 9,000, corresponding to the monthly
salaries of March, April and May 2011, remained outstanding upon the expiry of the
term of the employment contract and the additional agreement signed between the
Claimant and the Respondent.
10.
Consequently, in accordance with the general legal principle of “pacta sunt
servanda”, the DRC judge decided to partially accept the claim of the Claimant and
to order the Respondent to pay to the Claimant the amount of EUR 10,000.
11.
Furthermore, the DRC judge decided that, in accordance with art. 18 par. 4 of the
Procedural Rules and the Dispute Resolution Chamber’s respective longstanding
jurisprudence, the Claimant’s claim for legal costs is rejected.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Player M, is partially accepted.
2.
The Respondent, Club A has to pay to the Claimant the amount of EUR 10,000 within
30 days as from the date of notification of this decision.
3.
If the aforementioned sum is not paid within the aforementioned deadline, interest
at the rate of 5% per year will apply as of expiry of the fixed time limit and the
present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for
its consideration and a formal decision.
Player M, from country P / Club A, from country C
Page 4 of 5
4.
Any further claim lodged by the Claimant is rejected.
5.
The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittance is to be made and to notify the DRC judge
of every payment received.
*****
Note relating to the motivated decision (legal remedy):
According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against
before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to
the CAS directly within 21 days of receipt of notification of this decision and shall contain
all the elements in accordance with point 2 of the directives issued by the CAS, a copy of
which we enclose hereto. Within another 10 days following the expiry of the time limit for
filing the statement of appeal, the appellant shall file a brief stating the facts and legal
arguments giving rise to the appeal with the CAS (cf. point 4 of the directives). The full
address and contact numbers of the CAS are the following:
Court of Arbitration for Sport
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the DRC judge:
Jérôme Valcke
Secretary General
Encl: CAS directives
Player M, from country P / Club A, from country C
Page 5 of 5