Labour Disputes
Texto da decisão
Decis ion of the
Dis pute Res olution Cham ber
passed in Zurich, Switzerland, on 26 June 2019,
in the following composition:
Geoff Thom ps on (England), Chairman
Eirik Mons en (Norw ay ), member
S téphane Burchkalter (France), member
Jos eph Antoine Bell (Cam eroon), member
S tefano La Porta (Italy ), member
on the claim presented by the player,
Play er A, Country B,
as Claimant
against the club,
Club C, Country D
as Respondent
regarding an employment-related dispute between the parties
I.
Facts of the cas e
1.
On 20 May 2015, the player of Country B, Player A (hereinafter: the Claimant),
concluded an employment contract with the club of Country D, Club C (hereinafter:
the Respondent), valid as from 1 July 2015 until 31 May 2018.
2.
In accordance with the “Schedule” of the employment contract, the Claimant was,
inter alia, entitled to the following: a. USD 180,000 as sign on fee for the 2015/2016
season; b. USD 42,000 as monthly salary for the 2015/2016 season; c. USD 210,000
as sign on fee for the 2016/2017 season; d. USD 49,000 as monthly salary for the
2016/2017 season; e. USD 240,000 as sign on fee for the 2017/2018 season and e.
USD 56,000 as monthly salary for the 2017/2018 season.
3.
On 25 July 2016, the parties signed a “Mutual Agreement” (hereinafter:
termination agreement) by means of which they terminated the contract and
stipulated that the Respondent would pay to the Claimant the total amount of USD
555,000, as follows: a. USD 12,000 by 26 July 2016; b. USD 200,000 by 1 August 2017;
c. USD 150,000 by 1 February 2018 and d. USD 193,000 by 1 August 2018.
4.
On 17 September 2018, the Claimant informed the Respondent in writing that it
had failed to “comply with the payment of USD 555,000”, and that he would “start
legal procedure against [it] [before] FIFA”.
5.
On 11 October 2018, the Claimant lodged a claim against the Respondent in front
of FIFA for outstanding remuneration and requested the payment of the amounts
set out in the termination agreement, as follows:
a. USD 12,000, plus 5% interest p.a. as from 27 July 2016;
b. USD 200,000, plus 5% interest p.a. as from 2 August 2017;
c. USD 150,000, plus 5% interest p.a. as from 2 February 2018;
d. USD 193,000, plus 5% interest p.a. as from 2 August 2018.
6.
With his claim, the Claimant further requested the imposition of sporting sanctions
against the Respondent.
7.
In respect of the above, the Claimant specified that the Respondent never
answered to the “default notice” of 17 September 2018, nor paid the outstanding
remuneration.
8.
Despite having been invited to do so, the Respondent failed to reply to the claim
lodged by the Claimant.
Player A, Country B / Club C, Country D
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II.
Cons iderations of the Dis pute Res olution Cham ber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred as DRC or
Chamber) analysed whether it was competent to deal with the case at hand. In this
respect, the Chamber took note that the present matter was submitted to FIFA on
11 October 2018. Consequently, the DRC concluded that the 2018 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 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 June 2018), 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.
Furthermore, 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 Player (edition
June 2018), and considering that the present claim was lodged on 11 October 2018,
the June 2018 edition of said regulations (hereinafter: the 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.
Having said that, the members of the Chamber acknowledged that, after having
signed an employment contract on 20 May 2015, on 25 July 2016 the Claimant and
the Respondent signed a termination agreement pursuant to which they put an
end to their employment relationship and the Respondent undertook to pay to the
Claimant the total amount of USD 555,000, in four instalments as follows: a. USD
12,000 by 26 July 2016; b. USD 200,000 by 1 August 2017; c. USD 150,000 by 1
February 2018 and d. USD 193,000 by 1 August 2018.
Player A, Country B / Club C, Country D
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6.
The Dispute Resolution Chamber further acknowledged that, according to the
Claimant, the Respondent had failed to remit to him the total amount of USD
555,000 set forth in the termination agreement, notwithstanding his default notice
dated 17 September 2018.
7.
Furthermore, the Chamber 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, so the Chamber 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
Chamber established that in accordance with art. 9 par. 3 of the Procedural Rules
it shall take a decision upon the basis of the documents already on file.
9.
Having said that, the Chamber highlighted that it remained uncontested that the
Respondent had not fulfilled its financial obligations set forth in the termination
agreement signed between the parties on 25 July 2016 and that it failed to pay to
the Claimant each and every of the four instalments provided therein for a total
amount of USD 555,000.
10.
On account of the above considerations and the documentation on file, the DRC
decided that, in accordance with the general legal principle of “pacta sunt
servanda”, the Respondent is liable to pay the requested total amount of USD
555,000 to the Claimant.
11.
In addition, taking into account the Claimant’s claim, the Chamber decided to
award the Claimant interest of 5% p.a. on the outstanding amounts as of the day
following the expiry of the due dates of each of the instalments.
12.
Furthermore, taking into account the consideration under number II./3. above, the
Chamber referred to par. 1 and 2 of art. 24bis of the Regulations, which stipulate
that, with its decision, the pertinent FIFA deciding body shall also rule on the
consequences deriving from the failure of the concerned party to pay the relevant
amounts of outstanding remuneration and/or compensation in due time.
13.
In this regard, the Chamber pointed out that, against clubs, the consequence of the
failure to pay the relevant amounts in due time shall consist of a ban from
registering any new players, either nationally or internationally, up until the due
amounts are paid and for the maximum duration of three entire and consecutive
registration periods.
Player A, Country B / Club C, Country D
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14.
Therefore, bearing in mind the above, the DRC decided that, in the event that the
Respondent does not pay the amounts due to the Claimant within 45 days as from
the moment in which the Claimant, following the notification of the present
decision, communicates the relevant bank details to the Respondent, a ban from
registering any new players, either nationally or internationally, for the maximum
duration of three entire and consecutive registration periods shall become effective
on the Respondent in accordance with art. 24bis par. 2 and 4 of the Regulations.
15.
Finally, the Chamber recalled that the above-mentioned ban will be lifted
immediately and prior to its complete serving upon payment of the due amounts,
in accordance with art. 24bis par. 3 of the Regulations.
III.
Decis ion of the Dis pute Res olution Cham ber
1.
The claim of the Claimant, Player A, is accepted.
2.
The Respondent, Club C, has to pay to the Claimant outstanding remuneration in
the amount of USD 555,000 plus interest at the rate of 5% p.a. until the date of
effective payment, as follows:
a.
b.
c.
d.
as from 27 July 2016, on the amount of USD 12,000;
as from 2 August 2017, on the amount of USD 200,000;
as from 2 February 2018, on the amount of USD 150,000;
as from 2 August 2018, on the amount of USD 193,000.
3.
The Claimant is directed to inform the Respondent, immediately and directly,
preferably to the e-mail address as indicated on the cover letter of the present
decision, of the relevant bank account to which the Respondent must pay the
amount mentioned under point 2. above.
4.
The Respondent shall provide evidence of payment of the due amount in
accordance with point 2. above to FIFA to the e-mail address [email protected], duly
translated, if need be, into one of the official FIFA languages (English, French,
German, Spanish).
5.
In the event that the amount due in accordance with point 2. above is not paid by
the Respondent w ithin 45 day s as from the notification by the Claimant of the
relevant bank details to the Respondent, the Respondent shall be banned from
registering any new players, either nationally or internationally, up until the due
Player A, Country B / Club C, Country D
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amounts are paid and for the maximum duration of three entire and consecutive
registration periods (cf. art. 24bis of the Regulations on the Status and Transfer of
Players).
6.
The ban mentioned in point 5. above will be lifted immediately and prior to its
complete serving, once the due amount is paid.
7.
In the event that the aforementioned sum is still not paid by the end of the ban of
three entire and consecutive registration periods, the present matter shall be
submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a
formal decision.
*****
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 Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
Encl.: CAS directives
Player A, Country B / Club C, Country D
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