Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 2 March 2017,
in the following composition:
Geoff Thompson (England), Chairman
Jon Newman (USA), member
Roy Vermeer (Netherlands), member
Mario Gallavotti (Italy), member
Pavel Pivovarov (Russia), member
on the claim presented by the player,
Player A, Country B,
as Claimant
against the club,
Club C, Country D
as Respondent
regarding an employment-related dispute
arisen between the parties
I.
Facts of the case
1.
On 9 December 2015, the Player of Country B Player A (hereinafter: the
Claimant or the player) and the Club of Country D Club C (hereinafter: the
Respondent or the club) signed an employment contract (hereinafter: the
contract) valid for one season.
2.
According to the contract, the Claimant was a entitled to a salary of USD
45,000, payable in four instalments as follows:
a) USD 13,500 “the day after the ITC is cleared”;
b) USD 9,000 “the day after the “Fifth team match” of ITC clearance date,
whether the player has participated in these matches or not”;
c) USD 9,000 “the day after the “Tenth team match” of ITC clearance date,
whether the player has participated in these matches or not”;
d) USD 13,500 “the day after the last game of the season”.
3.
Moreover, pursuant to the contract, the Claimant was entitled to a bonus of
USD 1,000 “[he] will receive […] the day after Club C win a league match”.
4.
On 20 May 2016, the Claimant lodged a claim in front of FIFA, requesting the
amount of USD 33,000, broken down as follows:
a) USD 30,000 for outstanding salaries;
b) USD 3,000 for “match-winning” bonuses.
5.
In his claim, the Claimant asserted that the Respondent paid him salaries for
USD 15,000 only and argued that the remaining salaries provided in the
contract, i.e. USD 30,000, plus bonuses related to three matches won by the
club amounting to USD 3,000, were still due. In addition, the Claimant stated
that the last salary instalment provided in the contract fell due on 13 May
2016.
6.
Moreover, the Claimant submitted a statement, apparently issued on the club’s
headed paper and stamped by the Respondent, where it acknowledged that
the remaining value of the contract was USD 33,000.
7.
Despite having been invited by FIFA to provide its comments on the present
matter, the Respondent did not reply to the player’s claim.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as:
the Chamber or DRC) analysed whether it was competent to deal with the
matter at hand. In this respect, it took note that the present matter was
Player A, Country B / Club C, Country D
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submitted to FIFA on 20 May 2016. Consequently, the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (edition 2015; hereinafter: Procedural Rules) are applicable to the
matter at hand (cf. art. 21 of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that, in accordance with art. 24 par. 1 in
combination with art. 22 lit. b of the Regulations on the Status and Transfer of
Players (edition 2016), the Dispute Resolution Chamber is competent to deal
with the matter at stake, which concerns an employment-related dispute with
an international dimension between a Player of Country B and a Club of
Country D.
3.
In continuation, the Chamber analysed which regulations should be applicable
as to the substance of the matter. In this respect, it confirmed that, in
accordance with art. 26 par. 1 and 2 of the Regulations on the Status and
Transfer of Players (edition 2016), and considering that the present claim was
lodged on 20 May 2016, the 2015 edition of said regulations is applicable to
the matter at hand as to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. In this
respect, the Chamber started by acknowledging all the above-mentioned facts
as well as the arguments and the documentation submitted by the parties.
However, the Chamber emphasised that in the following considerations it will
refer only to the facts, arguments and documentary evidence, which it
considered pertinent for the assessment of the matter at hand.
5.
First, the Chamber noted that, on 9 December 2015, the parties entered into
an employment contract valid for one season, which entitled the Claimant to a
salary of USD 45,000 payable in four instalments, the last one the day after the
last game of the season.
6.
Furthermore, the DRC took note that, according to the contract, the Claimant
was entitled to a match bonus of USD 1,000 for each league match won by the
Respondent.
7.
In this context, the DRC noted that the Claimant alleged that the Respondent
failed to pay him outstanding salaries in the amount of USD 30,000 and match
bonuses in the amount of USD 3,000.
8.
Moreover, the Chamber noted the Claimant submitted a statement issued and
stamped by the Respondent whereby it acknowledged that the Claimant was
entitled to receive the remaining value of the contract in the amount of USD
33,000.
Player A, Country B / Club C, Country D
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9.
In continuation, the members of the Chamber highlighted that the
Respondent, for its part, failed to present its response to the claim of the
Claimant, in spite of having been invited to do so. In this way, the Chamber
considered that the Respondent renounced its right of defence and, thus,
accepted the allegations of the Claimant.
10.
Consequently, the Chamber concurred that, in accordance with art. 9 par. 3 of
the Procedural Rules, it shall take a decision upon the basis of the documents
on file, in other words, upon the statements and documents presented by the
Claimant.
11.
In line with this reasoning, the members of the Chamber emphasised that,
according to the statement issued and stamped by the club, the Respondent
acknowledged that the Claimant was entitled to receive the remaining value
of the contract in the amount of USD 33,000, which exactly corresponded to
the amount claimed by the player.
12.
On account of the aforementioned considerations, and in accordance with the
general legal principle of pacta sunt servanda, the Chamber concluded that
the Respondent must fulfil its obligations and, consequently, is to be held
liable to pay the Claimant outstanding remuneration in the amount of USD
33,000. As a consequence thereof, the members of the Chamber accepted the
player’s claim in its entirety.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Player A, is accepted.
2.
The Respondent, Club C, has to pay to the Claimant, within 30 days as from
the date of notification of this decision, the amount of USD 33,000.
3.
In the event that the aforementioned sum is not paid by the Respondent
within the stated time limit, interest at the rate of 5% p.a. will fall due as of
expiry of the aforementioned time limit and the present matter shall be
submitted, upon request, to FIFA’s Disciplinary Committee for consideration
and a formal decision.
Player A, Country B / Club C, Country D
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4.
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
Dispute Resolution Chamber of every payment received.
*****
Note relating to the motivated decision (legal remedy):
According to article 58 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 Dispute Resolution Chamber:
Omar Ongaro
Football Regulatory Director
Player A, Country B / Club C, Country D
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