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 peh 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 24 January 2018, the Player of Country B, Player A (hereinafter: the player
or the Claimant) concluded an employment contract (hereinafter: the contract)
with the Club of Country D, Club C (hereinafter: the club or the Respondent),
valid between 24 January and 31 May 2018.
2.
According to the contract, the player was entitled to receive the total amount
of USD 90,000, broken down as follows:
USD 45,000 ‘after the contract being signed by both parties’;
USD 15,000 due on 28 February 2018;
USD 15,000 due on 30 March 2018;
USD 15,000 due on 30 April 2018.
3.
According to the player, he fulfilled his contractual obligations towards the
club in the period between 24 January and 31 May 2018, the date on which
the contract expired by law.
4.
Furthermore, according to the player, the club failed to fulfill ‘any of its
obligations’ and ‘did not pay anything to him’.
5.
On 1 November 2018, the player lodged a claim for outstanding remuneration
and requested the payment of the following amounts:
USD 45,000, plus 5% interest p.a. as from 25 January 2018;
USD 15,000, plus 5% interest p.a. as from 1 March 2018;
USD 15,000, plus 5% interest p.a. as from 31 March 2018;
USD 15,000, plus 5% interest p.a. as from 1 May 2018.
6.
The player further requested that the club be ordered to pay procedural costs.
7.
The player considered that, since the club failed to pay any of the contractually
amounts to him, it should be ordered to pay him the total contractual value of
USD 90,000.
8.
Despite being invited to do so, the club failed to reply to the player’s claim.
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 to 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 1 November 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 1 November 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, on 24
January 2018, the Claimant and the Respondent signed an employment
contract pursuant to which the Respondent undertook to pay to the Claimant
the total amount of USD 90,000 for the whole duration of the employment
relationship.
Player A, Country B / Club C, Country D
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6.
More in particular, the DRC observed that the Claimant’s financial entitlements
were to be paid in 4 instalments, as follows: USD 45,000 ‘after the contract
being signed by both parties’; USD 15,000 due on 28 February 2018; USD
15,000 due on 30 March 2018; and USD 15,000 due on 30 April 2018.
7.
The Dispute Resolution Chamber further acknowledged that, according to the
Claimant, the Respondent had failed to pay him any of the amounts specified
in the contract.
8.
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.
9.
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.
10.
Having said that, the Chamber highlighted that it remained uncontested that
the Respondent had 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 USD 90,000, corresponding to the entire value of
the contract.
11.
On account of the above considerations and of 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 amount of USD 90,000 to the
Claimant.
12.
In addition, taking into account the Claimant’s claim, the Chamber decided to
award the Claimant interest of 5% p.a. on each of the relevant instalments, as
of the day following their due date, as per the employment contract.
13.
Subsequently, the DRC analysed the request of the Claimant regarding the
imposition of procedural costs on the Respondent. In this respect, the Chamber
referred to art. 18 par. 2 of the Procedural Rules, according to which “DRC
proceedings relating to disputes between clubs and players in relation to the
Player A, Country B / Club C, Country D
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maintenance of contractual stability as well as international employment
related disputes between a club and a player are free of charge”. Thus, the
Chamber rejected this part of the Claimant’s claim.
14.
The Dispute Resolution Chamber concluded its deliberations in the present
matter by establishing that the claim of the Claimant is partially accepted.
15.
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.
16.
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.
17.
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.
18.
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.
***
Player A, Country B / Club C, Country D
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III.
Decis ion of the Dis pute Res olution Cham ber
1.
The claim of the Claimant, Player A, is partially accepted.
2.
The Respondent, Club C, has to pay to the Claimant outstanding remuneration
in the amount of USD 90,000, plus 5% interest p.a. until the date of effective
payment as follows:
a.
b.
c.
d.
5% p.a. as of 25 January 2018 on the amount of USD 45,000;
5% p.a. as of 1 March 2018 on the amount of USD 15,000;
5% p.a. as of 31 March 2018 on the amount of USD 15,000;
5% p.a. as of 1 May 2018 on the amount of USD 15,000.
3.
Any further claim lodged by the Claimant is rejected.
4.
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.
5.
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).
6.
In the event that the amount due plus interest 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 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).
7.
The ban mentioned in point 6. above will be lifted immediately and prior to its
complete serving, once the due amounts are paid.
Player A, Country B / Club C, Country D
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8.
In the event that the aforementioned sum plus interest 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 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:
Emilio García Silvero
Chief Legal & Compliance Officer
Player A, Country B / Club C, Country D
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Encl.: CAS directives
Player A, Country B / Club C, Country D
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