Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 25 September 2015,
by Theo van Seggelen (Netherlands), DRC judge,
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 between the parties
I.
Facts of the case
1.
On 21 July 2014, the player from country B, Player A (hereinafter: the player), and
the club from country D, Club C (hereinafter: the club), concluded an employment
contract valid as from 21 July 2014 until 21 June 2015.
2.
In accordance with the employment contract, the player was entitled to a monthly
salary of EUR 7,500.
3.
On 13 July 2015, the player lodged a claim against the club in front of FIFA stating
that he had not received his salary for the period between February 2015 and June
2015. As a result, the player is claiming the amount of EUR 37,500 (5 x EUR 7,500)
plus interest as well as “legal penalties.”
4.
Although having been invited to do so, the club did not provide its reply to the
claim.
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, the DRC judge took note that the present matter was
submitted to FIFA on 13 July 2015. Consequently, the DRC judge concluded that
the 2015 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 of the Procedural Rules and
confirmed that in accordance with art. 24 par. 1 and 2 lit. i. in conjunction with art.
22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2015),
the DRC judge is competent to decide on the present matter, which concerns an
employment-related dispute with an international dimension between a player
from country B and a club from country D.
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, he confirmed that in accordance with art. 26 par. 1 and 2 of
the Regulations on the Status and Transfer of Players (edition 2015) and whilst
reiterating that the present claim was lodged in front of FIFA on 13 July 2015, the
2015 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.
4.
The competence of the DRC judge and the applicable regulations having been
established, the DRC judge entered into the substance of the matter. The DRC
judge started by acknowledging the above-mentioned facts as well as the
documentation contained in the file. However, the DRC judge emphasised that in
the following considerations he will refer only to the facts, arguments and
Player A, country B / Club C, country D
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documentary evidence which he considered pertinent for the assessment of the
matter at hand.
5.
First of all, the DRC judge acknowledged that the player and club had concluded
an employment contract valid for the period as from 21 July 2014 until 21 June
2015. As to the financial terms of the contract, the DRC judge took note that it had
been agreed upon that the club would remunerate the player with a monthly
salary of EUR 7,500.
6.
In continuation, the DRC judge noted that the player lodged a claim against the
club in front of FIFA maintaining that he had not received his salaries for the
period between February 2015 and June 2015, in the total amount of EUR 37,500.
7.
Furthermore, the DRC judge observed that the club failed to present its response
to the claim of the player, despite having been invited to do so. In this way, the
DRC judge deemed that the club renounced its right of defence and, thus,
accepted the allegations of the player.
8.
As a consequence of the preceding 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 on file.
9.
In this respect, the DRC judge concluded that it had remained uncontested during
the present procedure that the club failed to pay the player 5 months of salary.
10.
As a result, the DRC judge decided that the club must fulfill its obligations as per
the employment contract in accordance with the general legal principle of “pacta
sunt servanda”, and that the club is therefore liable to pay to the player the
amount of EUR 37,500, consisting of the monthly salaries of February to June 2015.
11.
Furthermore, and considering the player’s claim for interest, the DRC judge ruled
that the club must pay 5% interest on the amount of EUR 37,500 as from 13 July
2015 until the date of effective payment.
12.
The DRC judge concluded his deliberations in the present matter by establishing
that any further claim lodged by the player is rejected.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Player A, is partially accepted.
2.
The Respondent, Club C, has to pay to the Claimant, within 30 days as from the
date of notification of the present decision, outstanding remuneration in the
amount of EUR 37,500 plus 5% interest p.a. on said amount as from 13 July 2015
until the date of effective payment.
Player A, country B / Club C, country D
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3.
In the event that the amount due to the Claimant is not paid by the Respondent
within the stated time limit, the present matter shall be submitted, upon request,
to the FIFA Disciplinary Committee for consideration and a formal decision.
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:
Marco Villiger
Acting Deputy Secretary General
Encl. CAS directives
Player A, country B / Club C, country D
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