Labour Disputes
Texto da decisão
Decis ion of the
Dis pute Res olution Cham ber
passed in Zurich, Switzerland, on 6 December 2018,
in the following composition:
Geoff Thom ps on (England), Chairman
Eirik Mons en (Norw ay ), member
Jérôm e Perlem uter (France), 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 5 August 2017, the Player of Country B, Player A (hereinafter: the player or
Claimant) and the Club of Country D, Club C (hereinafter: the club or Respondent),
concluded an employment contract, valid as from 4 August 2017 until 30 May 2019
(hereinafter: the contract).
2.
According to article 3 of the contract, the player was entitled to receive, inter alia,
the following amounts:
For the season 2017/2018:
ten monthly salaries of EUR 15,800 each, to be paid in the period between August
2017 and May 2018 on the 30th day of the respective month;
an amount of EUR 1,000, for each goal scored in the ‘Football Federation E 1.
League season official matches’, to be paid ‘within 60 days as from the date of
registration of the leagues by Football Federation E’;
For the season 2018/2019:
ten monthly salaries of EUR 15,800 each, to be paid in the period between August
2018 and May 2019 on the 30th day of the respective month;
an amount of EUR 1,000, for each goal scored in the ‘Football Federation E 1.
League season official matches’, to be paid ‘within 60 days as from the date of
registration of the leagues by Football Federation E’.
3.
On 9 April 2018, the player lodged a claim before FIFA against the club, claiming after amending his claim on 16 July 2018 - outstanding remuneration in the amount
of EUR 108,800 to be paid by the club, broken down as follows:
EUR 94,800, as 6 outstanding monthly salaries in the amount of EUR 15,800 each,
due for the period between November 2017 and April 2018;
EUR 14,000, as bonus payment for the 14 goals the player claims to have scored in
the 2017/2018 season for the club.
4.
In his claim, the player explains that the club failed to pay him 6 monthly salaries in
the period between November 2017 and April 2018. Moreover, the player explains
that the club also failed to pay him the bonus payments connected to the 12 goals he
scored in the Tournament F and the 2 goals he scored in the Tournament G.
5.
As a result of the foregoing, the player explains that on 6 March 2018, he put the club
in default for the amount of EUR 63,200, corresponding to 4 monthly salaries of EUR
15,800 each, providing a deadline to pay until 19 March 2018. The player further
Player A, Country B / Club C, Country D
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explains that the club only replied to him, by sending a letter in which it offered to
pay the player ‘70% of the outstanding debt’ by no later than 5 April 2018.
6.
Furthermore, the player explains that on 23 April 2018, after not having received any
of the requested remuneration, he unilaterally terminated his contract with the club,
due to the outstanding remuneration.
7.
In its reply to the player’s claim, the club confirms that ‘due to the economic
difficulties’, it did not pay the player’s salary for a couple of months. Furthermore, the
club argues that the player is only entitled to a bonus payment of EUR 12,000, as he
only scored 12 goals in the Tournament F, and because of the fact that there were no
bonus payments due for goals scored in the Tournament G.
8.
In his replica, the player reiterates his previous arguments and further explains that
the clause in his contract for scored goals, is also applicable to matches played in the
Tournament G, as these matches are also official matches in the ‘League season’ of
Country D
9.
Despite being invited to do so, the club failed to submit its duplica.
II.
Cons iderations of the Dis pute Res olution Cham ber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber
or DRC) analysed whether it was competent to deal with the matter at hand. In this
respect, it took note that the present matter was submitted to FIFA on 9 April 2018.
Consequently, the Rules Governing the Procedures of the Players’ Status Committee
and the Dispute Resolution Chamber (edition 2018; hereinafter: Procedural Rules) are
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 and 2 in combination with
art. 22 lit. b of the Regulations on the Status and Transfer of Players (edition 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 Players (edition 2018),
and considering that the present claim was lodged on 9 April 2018, the 2018 edition
of said regulations (hereinafter: 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
Player A, Country B / Club C, Country D
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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.
In this respect, the Chamber acknowledged that on 15 August 2017, the parties signed
an employment contract valid between 4 August 2017 and 30 May 2019. In
accordance with said contract, the player was entitled to receive, inter alia, 10
monthly salaries of EUR 15,800 per season, as well as a bonus of EUR 1,000 for each
goal scored in official matches in the ‘Football Federation E 1. League’.
6.
In continuation, the members of the Chamber noted that the player lodged a claim
against the club, maintaining that he had unilaterally terminated the employment
contract on 23 April 2018, after having previously put the club in default on 6 March
2018, since the club allegedly failed to pay him several monthly salaries in the amount
of EUR 15,800 each. Consequently, and after amending his claim on 16 July 2018, the
player asks to be awarded his outstanding dues in the total amount of EUR 108,800,
consisting of six unpaid monthly salaries in the total amount of EUR 94,800, as well as
an additional bonus payment of EUR 14,000, connected to the 14 goals the player
deems to have scored for the club. The Chamber finally noted that the player did not
claim any compensation for breach of contract from the club, in spite of the early
termination of the contract.
7.
The Chamber also noted that the club confirmed that due to financial difficulties, it
could not pay the player’s monthly salaries for a couple of months. Further, the club
asserted that the player was only entitled to the amount of EUR 12,000, for the 12
goals he scored in the Tournament F, as two goals the player scored in the
Tournament G do not fall under the scope of the bonus clause provided for in article
3 of the contract.
8.
With the aforementioned considerations in mind, in particular, the opposite positions
of the parties, the Chamber deemed that the underlying issue in this dispute was to
determine to which amounts the player was entitled to based on the contract and,
furthermore, which of these amounts were effectively paid by the club.
9.
In view of the foregoing, the Chamber first noted that based on the contract, the
player was entitled to receive - in the period between August 2017 and May 2018 ten monthly salaries in the amount of EUR 15,800 each, out of which the player deems
to have only received the salaries for the months of August, September and October
2017. Furthermore, the player explains that he was entitled to receive EUR 1,000 for
each goal of the 14 goals scored by him in official matches in the ‘Football Federation
E 1. League season’. In this respect, the player referred to the contents of article 3 of
the contract, and submitted an overview of the 14 games in which the player deems
to have scored a goal for the club, based on which he claims to be entitled to a bonus
payment of EUR 14,000.
Player A, Country B / Club C, Country D
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10.
Turning to the argumentation submitted by the club, the Chamber considered that
those arguments, i.e. that it was suffering financial difficulties and therefore, it was
not able to make payments to the player, cannot be considered a valid reason for the
non-payment of the claimed salaries. The Chamber was of the firm opinion that the
club cannot be exempted from its contractual obligations towards the player, as the
occurrence of these alleged circumstances cannot be held against the player, who has
no influence whatsoever on the financial situation of the club and bears no
responsibility whatsoever in this regard.
11.
What is more, in relation to the bonus payments claimed by the player in connection
with the 14 goals he scored for the club, the members of the Chamber deemed it vital
to analyse the contents of article 3 of the contract, and the argumentation brought
forward by the club in this respect. Based on the contents of the relevant clause, as
well as the explanation submitted by the club, the Chamber was of the opinion that
the player was only entitled to a bonus of EUR 1,000 for goals scored in the
Tournament F. In this respect, the Chamber pointed out that the clause clearly refers
to league matches, however does not contain any reference to matches played in the
Tournament G.
12.
Additionally, the DRC took into account that it remained uncontested between the
parties that the player scored 12 goals in the Tournament F, and that the club even
confirmed that the player is consequently entitled to a total bonus payment of EUR
12,000. Based on the foregoing, the Chamber concluded that the player’s claim for a
bonus payment in connection with the goals he scored for the club can be partially
upheld up to the amount of EUR 12,000.
13.
In view of all the above-mentioned circumstances, the members of the Chamber
concluded that the club had failed to pay to the player the total amount of EUR
106,800, consisting of six monthly salaries for the period between November 2017 and
April 2018 in the amount of EUR 15,800 each, as well as EUR 12,000 as bonus payment
for the 12 goals the player scored for the club in the Tournament F.
14.
Consequently, and in accordance with the general legal principle of pacta sunt
servanda, the club must fulfil its obligations as per the contract concluded with the
player and, consequently, is to be held liable to pay the outstanding amount of EUR
106,800 to the player.
15.
The Dispute Resolution Chamber concluded its deliberations in the present matter by
establishing that any further claim lodged by the Claimant is rejected.
Player A, Country B / Club C, Country D
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III.
Decision 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, w ithin 30 day s as from the date
of notification of this decision, outstanding remuneration in the amount of EUR
106,800.
3.
In the event that the amount due to the Claimant in accordance with the abovementioned number 2. 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 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 remittances are to be made and to notify the Dispute
Resolution Chamber of every payment received.
*******
Note relating to the m otiv ated decision (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:
Player A, Country B / Club C, Country D
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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 Officer
Encl.
CAS directives
Player A, Country B / Club C, Country D
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