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 8 September 2017, the Player of Country B, Player A (hereinafter: the
Claimant) and the Club of Country D, Club C (hereinafter: the Respondent)
concluded an employment contract, valid as from the date of signature until 31
May 2018.
2. According to the contract, the Respondent undertook to pay the Claimant the
total amount of EUR 450,050, as follows:
EUR 50,000 as advance payment in form of a cheque dated 31 October 2017;
EUR 44,450 as monthly salary, payable in equal instalments between
September 2017 and May 2018.
3. On 2 July 2018, the Claimant sent a default notice to the Respondent, requesting
the payment of EUR 295,793.93 as outstanding remuneration.
4. On 19 July 2018, the Claimant lodged a claim in front of FIFA against the
Respondent, requesting the payment of outstanding remuneration in the total
amount of EUR 295,526.07, plus interest of 5% p.a. as of “the due date of the last
salary”, i.e. 31 May 2018.
5. In his claim, the Claimant maintained that he was entitled to a total amount of
EUR 450,050 according to the contract. In this regard, he acknowledged receipt of
the total amount of EUR 154,256.07, occurred in several partial payments during
the course of the contractual relationship with the Respondent.
6. On account of the above, according to the Claimant, the amount of EUR
295,526.07 remained outstanding.
7. Despite having been invited by FIFA to provide its comments on the present
matter, the Respondent did not answer to the claim.
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 19 July 2018. Consequently, the DRC concluded that the 2018 edition of
Player A, Country B / Club C, Country D
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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 19
July 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 8
September 2017, the Claimant and the Respondent signed an employment
contract pursuant to which the Respondent undertook to pay to the Claimant
the total amount of EUR 450,050 for the whole duration of the employment
relationship, in accordance with the following schedule: (i) EUR 50,000 as
advance payment in form of a cheque dated 31 October 2017 and (ii) EUR
44,450 as monthly salary, payable in equal instalments between September 2017
and May 2018.
6.
The Dispute Resolution Chamber further acknowledged that, according to the
Claimant, the Respondent had failed to remit to him the total amount of EUR
295,526.07. In this respect, the members of the DRC noted that the Claimant
acknowledged having received from the Respondent, through various
payments, the total amount of EUR 154,256.07. Thus, according to his
calculations, EUR 295,526.07 still remained outstanding.
Player A, Country B / Club C, Country D
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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
employment contract signed between the parties and that it failed to pay to the
Claimant the amount of EUR 295,793.93 in accordance with said contract.
10.
However, the DRC was aware that, with his claim, the Claimant limited his
request to the lower amount of EUR 295,526.07.
11.
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 amount of EUR
295,526.07 to the Claimant.
12.
In addition, taking into account the Claimant’s claim and bearing in mind that
the documentation on file did not allow the members of the Chamber to
determine the due dates of the specific financial obligation, the Chamber
decided to award the Claimant interest of 5% p.a. as of the day following the
expiry of the employment contract.
13.
The Dispute Resolution Chamber concluded its deliberations in the present
matter by establishing that any further claim lodged by the Claimant is rejected.
14.
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.
15.
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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16.
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.
17.
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 partially accepted.
2.
The Respondent, Club C, has to pay to the Claimant outstanding remuneration
in the amount of EUR 295,526.07 plus 5% interest p.a. as of 1 June 2018 until
the date of effective payment.
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 to FIFA to the e-mail address [email protected], duly
translated into one of the official FIFA languages (English, French, German,
Spanish).
6.
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 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 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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