Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 21 November 2006,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Carlos Soto (Chile), Member
John Didulica (Australia),Member
Paulo Amoretty Souza (Brazil), Member
Ivan Gazidis (USA), Member
on the claim presented by the
Player X, XX,
as Claimant
against the club,
Y, YY,
as Respondent
regarding a contractual dispute arisen between the parties involved.
I.
Facts of the case
1.
On 5 June 2005, the XXn player, X (hereinafter: the Claimant), born on 1 July
1977, signed an employment contract, valid from 5 June 2005 to 25 October
2005, with the YY club, Y (hereinafter: the Respondent). The parties also signed
an employment contract for the period from 8 April 2006 to 8 June 2006,
without indicating the exact date of signature.
2.
According to the first employment contract for the 2005 season, the parties
agreed on a monthly salary of USD 5’000 for the Claimant. Furthermore, the
Claimant was entitled to a bonus depending on the team’s results as well as
payment of a return trip to visit his family.
3.
According to the second employment contract concluded for part of the 2006
season, it is not clear from the employment contract submitted by the Claimant
whether he was entitled to a monthly salary of RMB (YY Yuan Renminbi) 40’000
or USD 40’000. No indications were made with regard to the bonuses to be paid
to the Claimant in the second employment contract. However, according to
the second employment contract, the Claimant was likewise entitled to receive
a payment from the Respondent for a round trip to XX.
4.
The Claimant’s undated claim against the Respondent was received by FIFA on
14 June 2006.
5.
The Claimant maintained in his written claim that the Respondent still owes him
a total of USD 29’500 based on the two employment contracts.
6.
The Claimant is claiming RMB 127’500 from the Respondent for the 2005 season.
In this connection, the Claimant remitted a document to the file bearing the
Respondent’s stamp but the date of the Respondent’s signature appeared only
in YY characters. According to a translation of the document submitted by the
Claimant, the Respondent stated therein that it still owes the Claimant salary in
the amount of RMB 127’500 for the 2005 season.
7.
For the 2006 season, the Claimant is claiming two outstanding salary payments
amounting to a total of USD 8’000, two bonuses for draws totalling USD 2’000
and USD 3’500 for a return trip to XX.
8.
On 27 July and 22 August 2006, the Respondent was requested in writing to
comment on the Claimant’s claim.
9.
The Respondent has to date not replied.
Player X, XX / Club Y, YY
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II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Chamber analysed whether it was competent to deal with the
matter at stake. In this respect, it referred to art. 18 par. 2 and 3 of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber. The present matter was submitted to FIFA on 14 June 2006,
as a consequence the Chamber concluded that the revised Rules Governing
Procedures (edition 2005) on matters pending before the decision making
bodies of FIFA are applicable to the matter at hand.
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the abovementioned Rules states that the Dispute Resolution Chamber shall examine its
jurisdiction in the light of articles 22 to 24 of the current version of the
Regulations for the Status and Transfer of Players (edition 2005). In accordance
with art. 24 par. 1 in combination with art. 22 (b) of the aforementioned
Regulations, the Dispute Resolution Chamber shall adjudicate on employmentrelated disputes between a club and a player that have an international
dimension.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation involving a XXn player and a YY club in
connection with an employment contract.
4.
Subsequently, the members of the Chamber analyzed which edition of the
Regulations for the Status and Transfer of Players should be applicable as to the
substance of the matter. In this respect, the Chamber referred to art. 26 par. 1
and 2 of the Regulations for the Status and Transfer of Players (edition 2005) and
to the fact that the claim was lodged at FIFA on 14 June 2006. In view of the
aforementioned, the Chamber concluded that the current FIFA Regulations for
the Status and Transfer of Players (edition 2005, hereafter: the Regulations) are
applicable to the case at hand as to the substance.
5.
In continuation, and entering into the substance of the matter, the members of
the Chamber started by acknowledging the above-mentioned facts and
documentation contained in the file and took note that the Claimant and the
Respondent signed a first employment contract dated 5 June 2005 valid from
the date of signature of the contract until 25 October 2005. Moreover, the
members took note that for the period lasting from 8 April 2006 until 8 June 2006,
the parties signed a second contract.
Player X, XX / Club Y, YY
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6.
Furthermore, the members acknowledged that according to the first
employment contract at stake, the Claimant was entitled to receive a monthly
salary of USD 5’000, a bonus depending on the Respondent’s result as well as
the payment of a return trip to XX. Moreover, the members noted that the
Claimant was, according to the second employment contract he concluded
with the Respondent, entitled to receive either a monthly salary of RMB 40’000
or USD 40’000 as well as the payment of his return flight ticket to XX.
7.
Subsequently, the Chamber took note that, according to the breakdown
provided by the Claimant, he alleges having not received from the Respondent
for the 2005 season the amount of RMB 127’500 on the basis of a document
signed by the Respondent. Moreover, on the basis of the employment contract
concerning the 2006 season, the Claimant maintains having not received two
salary payments amounting to USD 8’000, two bonus for draws totaling to USD
2’000 and finally, USD 3’500 for flight tickets to XX.
8.
Turning its attention to the Respondent, the members of the Chamber took note
of the fact that the Respondent never provided FIFA with its position in the
present proceeding, despite having been asked by FIFA to do so on several
occasions.
9.
Consequently, the Respondent renounced to its right of defence.
10.
In continuation, the Chamber then stated that as a general principle of
procedure before the Dispute Resolution Chamber, if a Respondent does not
reply to the claim of the Claimant, the case shall be decided by the Chamber
only on the basis of the facts and documentary evidences provided by the
Claimant.
11.
On account of the above, the deciding body stated that due to the
Respondent’s failure to reply to the claim of the Claimant, it has to pass a
decision only on the facts and evidences provided by the Claimant.
12.
Therefore, with respect to the amount of RMB 127’500, claimed by the Claimant
for the 2005 season, the Chamber noted the contents of the undated
document submitted by the Claimant and bearing the Respondent’s stamp
and stating that the Respondent owes the Claimant the amount of RMB
127’500.
13.
The members of the Chamber concluded at first that the said letter
unquestionably indicated that the Respondent owes the amount of RMB
127’500 to the Claimant.
Player X, XX / Club Y, YY
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14.
The Chamber noted that the translation of the documents outlined under I.6.
was not contested by the Respondent.
15.
As a consequence, the members initially concluded that the Respondent has in
any case to pay the amount of RMB 127’500 to the Claimant.
16.
With regard to the two salary payments amounting to USD 8’000 and the flight
tickets in the amount of USD 3’500, the Chamber concluded that the
Respondent, by failing to respond to the claim of the Claimant, admitted
having failed to pay the latter the two salary payments and the flight tickets.
17.
In light of the above, the Dispute Resolution Chamber decided that the
Respondent has to pay also the amount of USD 11’500 to the Claimant.
18.
Finally, with regard to the bonus of USD 2’000 claimed by the Claimant, the
deciding body referred to the contents of the second employment contract
concluded by the parties concerned and emphasized that no indications were
given in the said contract about the bonus that the Claimant should receive
depending on the Respondent’s results.
19.
Therefore, the members of the Chamber concluded that this part of the claim
of the Claimant concerning the bonus has to be rejected.
20.
In view of all the above, the Dispute Resolution Chamber decided that the
Respondent must pay the Claimant the amounts of RMB 127’500 and USD
11’500.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, player X, is partially accepted.
2.
The Respondent, Y, has to pay the amounts of RMB 127’500 and USD 11’500 to
the Claimant, player X, within 30 days as from the date of notification of this
decision.
3.
Any further claim of the Claimant, player X, has to be rejected.
Player X, XX / Club Y, YY
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4.
In the event that the due amounts are not paid within the stated deadline, an
interest rate of 5% p.a. will apply as of expiry of the fixed time limit.
5.
If the aforementioned sums are not paid within the aforementioned deadline,
the present matter shall be submitted to FIFA’s Disciplinary Committee, so that
the necessary disciplinary sanctions may be imposed.
6.
The Claimant, player X, is directed to inform the Respondent, Y, immediately of
the account number to which the remittance is to be made and to notify the
Dispute Resolution Chamber of every payment received.
7.
According to art. 61 par. 1 of the FIFA Statutes this decision may be appealed
before the Court of Arbitration for Sport (CAS). The statement of appeal must be
sent to the CAS directly within 21 days of receiving notification of this decision
and has to contain all elements in accordance with point 2 of the directives
issued by the CAS, copy of which we enclose hereto. Within another 10 days
following the expiry of the time limit for the filing of the statement of appeal, the
appellant shall file with the CAS a brief stating the facts and legal arguments
giving rise to the appeal (cf. point 4 of the directives).
The full address and contact numbers of the CAS are the following:
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:
Urs Linsi
General Secretary
Player X, XX / Club Y, YY
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Encl: CAS directives
Player X, XX / Club Y, YY
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