Labour Disputes
Texto da decisão
Decis ion of the
Dis pute Res olution Cham ber (DRC) judge
passed in Zurich, Switzerland, on 17 May 2018,
by Philippe Diallo (France), DRC judge,
on the claim presented by the player,
Play er A, from country A
as Claimant
against the club,
Club B (form erly know n as Club X), from country B
as Respondent
regarding an employment-related dispute
arisen between the parties
I.
Facts of the cas e
1.
On 15 February 2017, the player A, from country A (hereinafter: the Claimant), and
the Club B (formerly known as Club X) (hereinafter: the Respondent), signed an
employment contract valid as from the date of signature until 15 June 2017.
2.
According to the employment contract, the Claimant was entitled, inter alia, to EUR
10,000 for the whole duration of the contract, to be paid monthly the “10th of next
month”.
3.
By correspondence dated 12 July 2017, the Claimant put the Respondent in default
of the payment of “the wage corresponding to his contract”.
4.
On 31 July 2017, the Claimant lodged a claim against the Respondent in front of
FIFA, requesting to be awarded EUR 8,000 plus 5% interest p.a. as from 30 days of
the notification of the decision.
5.
More specifically, the Claimant explained that, during the whole employment
relationship, the Respondent had paid him only EUR 2,000.
6.
Despite having been invited by FIFA to provide its comments on the present matter,
the Respondent did not answer to the Claimant’s claim.
II.
Cons iderations of the DRC judge
1.
First of all, the DRC judge analysed whether he was competent to deal with the
matter at stake. In this respect, the DRC Judge took note that the present matter
was submitted to FIFA on 31 July 2017. Consequently, the DRC judge concluded that
the 2017 edition of the Rules Governing the Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules)
is applicable to the matter at hand (cf. art. 21 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 and 3 of the Procedural Rules
and confirmed that in accordance with art. 24 par. 1 and 2 in combination with art.
22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2018) he is
competent to deal with the matter at stake, which concerns an employment–related
dispute with an international dimension between a player and a club.
3.
Furthermore, the DRC judge analysed which edition of the Regulations on the
Status and Transfer of Players should be applicable as to the substance of the
matter. In this respect, the DRC judge confirmed that in accordance with art. 26 par.
1 and par. 2 of said Regulations (edition 2018) and considering that the present
claim was lodged in front of FIFA on 31 July 2017, the 2016 edition of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is
applicable to the matter at hand as to the substance.
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,
4.
Player A, from country A / Club B (formerly known as Club X), from country B
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the DRC judge started by acknowledging all the above-mentioned facts as well as
the arguments and the documentation submitted by the parties. However, the DRC
judge emphasised that in the following considerations he will refer only to the
facts, arguments and documentary evidence, which he considered pertinent for the
assessment of the matter at hand.
5.
In this respect, the DRC judge acknowledged that, on 15 February 2017, the
Claimant and the Respondent signed an employment contract, pursuant to which
the Respondent undertook to pay to the Claimant EUR 10,000 for the whole
duration of the employment relationship.
6.
In continuation, the DRC judge noted that, according to the Claimant, the
Respondent paid only EUR 2,000 of said amount and, consequently, he put the
Respondent in default of payment of “the wage corresponding to his contract” on
12 July 2017.
7.
Furthermore, the DRC judge took note that the Respondent, for its part, failed to
present its response to the claim of the Claimant, despite 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.
Moreover, and as a consequence of the aforementioned consideration, the DRC
judge established that in accordance with art. 9 par. 3 of the Procedural Rules he
shall take a decision upon the basis of the documents already on file.
9.
Having said that, the DRC judge underlined that it remained uncontested that the
Respondent has not fulfilled its financial obligations set forth in the employment
contract signed between the parties and that it failed to pay to the Claimant the
amount of EUR 8,000 in accordance with said contract.
10.
On account of the above considerations and the documentation on file, the DRC
judge decided that, in accordance with the general legal principle of “pacta sunt
servanda”, the Respondent is liable to pay the amount of EUR 8,000 to the
Claimant.
III.
Decis ion of the DRC judge
1.
The claim of the Claimant, Player A, is accepted.
2.
The Respondent, Club B (formerly known as Club X), has to pay to the Claimant
outstanding remuneration in the amount of EUR 8,000 w ithin 30 day s as from the
date of notification of this decision.
3.
In the event that the above-mentioned amount due to the Claimant 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
Player A, from country A / Club B (formerly known as Club X), from country B
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submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a
formal decision.
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 m otiv ated decis ion (legal remedy):
According to art. 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 (CAS)
Avenue de Beaumont 2
CH-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:
Omar Ongaro
Football Regulatory Director
Encl.: CAS directives
Player A, from country A / Club B (formerly known as Club X), from country B
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