Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 2 October 2012,
by Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the player,
Player J, from country S
as Claimant
against the club,
Club P, from country C
as Respondent
regarding an employment-related dispute
between the parties
I.
Facts of the case
1.
On 10 January 2011, Player J, from country S (hereinafter: player or Claimant), and the
Club P, from country C (hereinafter: club or Respondent), signed an employment
contract valid as of the date of signature until 31 May 2011 (hereinafter: contract), in
accordance with which the player was entitled to receive, inter alia, the total amount of
EUR 6,000 for the 2010-2011 season, payable in three monthly installments of EUR 2,000
each, commencing on 12 January 2011 until the whole amount was paid.
2.
On 11 January 2011, the parties signed a ``contract of image rights’’ agreement
(hereinafter: the image rights agreement) valid as of the date of signature until 31 May
2011. On the basis of the image rights agreement, the player was entitled to receive,
inter alia, ``in consideration of the assignment of his image rights to the club’’ for the
period of 11 January 2011 to 31 May 2011, the total amount of EUR 6,000 net, payable
in three monthly installments of EUR 2,000 each, commencing on 10 January 2011 until
the whole amount was paid.
3.
On 12 September 2011, the player lodged a claim against the club in front of FIFA
maintaining that the club so far had only paid EUR 8,000, corresponding to the months
of January and February 2011 and that it failed to pay his remuneration for March 2011,
on the basis of the contract and the image rights agreement, in the total amount of
EUR 4,000. Therefore, the player asked to be awarded payment of EUR 4,000 plus
interest to be accrued until full payment was made. Moreover, the player insisted that
the image rights agreement was part of the contract and was signed at the club’s
request for tax reasons.
4.
Out of the total amount of EUR 4,000 allegedly due to the player, the club, for its part,
did not contest the sum of EUR 2,000. The club sustained that the remaining
remuneration of EUR 2,000 was paid into the player’s bank account on 31 March 2011.
Furthermore, the club admitted that the image rights agreement was part of the
employment agreement signed between the parties.
5.
According to the player, the payment made by the club on 31 March 2011 was related
to the salary of February 2011. Moreover, the Claimant pointed out that there was a
handwritten note on the bank slip stating that the amount corresponded to February’s
``liquidation’’.
6.
No further comments were received from the club.
Player J, from country S / Club P, from country C
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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, he took note that the present matter was submitted to FIFA on 12
September 2011. Consequently, the 2008 edition of the Rules Governing the Procedures
of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter:
Procedural Rules) is applicable to the matter at hand (cf. art. 21 par. 2 and par. 3 of the
Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 and par. 3 of the Procedural Rules
and confirmed that in accordance with art. 24 par. 1 and par. 2 in conjunction with art.
22 lit. (b) of the Regulations on the Status and Transfer of Players (edition 2010), he is
competent to decide on the present litigation, which concerns an employment-related
dispute with an international dimension between a country S player and a country C
club.
3.
Furthermore, the DRC judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that in accordance with art. 26
par. 1 and par. 2 of the Regulations on the Status and Transfer of Players (edition 2010)
and considering that the present claim was lodged on 12 September 2011, the 2010
edition of said Regulations (hereinafter: Regulations) is applicable to the present matter
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 that the parties do not contest having been contractually
bound as from 10 January 2011 until 31 May 2011, and that the Claimant duly executed
the employment contract until its expiry date.
5.
The DRC judge further noted that, according to the Claimant, the Respondent failed to
pay his remuneration for March 2011 amounting to a total of EUR 4,000 on the basis of
the employment contract and the image rights agreement.
6.
In continuation, the DRC judge acknowledged that the Respondent admits that, as
regards the Claimant’s remuneration for March 2011, the amount of EUR 2,000 has
remained unsettled, whereas it asserts that another EUR 2,000 were transferred to the
player’s bank account on 31 March 2011. The Claimant, for its part, maintains that this
payment was related to the month of February 2011.
7.
In this context, the DRC judge deemed it essential to point out that, bearing in mind art.
22 lit. b) of the Regulations, which establishes that FIFA is competent to hear
employment-related (emphasis added) disputes between a club and a player that have
an international dimension, the separate image rights agreement, in accordance with
Player J, from country S / Club P, from country C
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which the Claimant was to receive a certain amount of money from the Respondent in
consideration of the assignment of his image rights to the Respondent, cannot be taken
into consideration.
8.
Nonetheless, as stated above, the Respondent has acknowledged that it still owes the
amount of EUR 2,000 to the Claimant.
9.
Consequently, the DRC judge decided to partially accept the claim of the Claimant and
that the Respondent is liable to pay to the Claimant the amount of EUR 2,000.
10.
Furthermore, taking into account the Claimant’s petition and the respective
longstanding practice of the Dispute Resolution Chamber, the DRC judge decided to
award the Claimant interest at the rate of 5% p.a. over the amount of EUR 2,000, as
from 12 September 2011 until the date of effective payment.
11.
The DRC judge concluded the deliberations in the present matter by establishing
that any further claim lodged by the Claimant is rejected.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Player J, is partially accepted.
2.
The Respondent, Club P, has to pay to the Claimant, within 30 days as from the date of
notification of this decision, the amount of EUR 2,000 plus 5% interest per annum as of
12 September 2011 until the date of effective payment.
3.
If the aforementioned sum plus interest is not paid within the aforementioned
deadline, the present matter shall be submitted, upon request, to FIFA’s Disciplinary
Committee for its 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.
*****
Player J, from country S / Club P, from country C
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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:
Jérôme Valcke
Secretary General
Encl: CAS directives
Player J, from country S / Club P, from country C
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