Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 12 June 2012,
by Theo van Seggelen (Netherland), DRC judge,
on the claim presented by the player
M,
as Claimant
against the club
A,
as Respondent
regarding an employment-related dispute
arisen between the Claimant and the Respondent
I.
Facts of the case
1.
On 2 July 2009, the player M (hereinafter: the Claimant), and the club, A
(hereinafter: the Respondent), concluded an employment contract (hereinafter: the
contract) valid from the date of signature until 31 May 2010.
2.
According to art. 2 (a) of the contract, the player was entitled to receive a total
remuneration of EUR 25,000 for the season 2009/2010, which would be paid in 10
equal monthly instalments of EUR 2,500 each, the first instalment due on 30 August
2009 and the last on 31 May 2010.
3.
Moreover, the parties entered into an additional agreement (hereinafter: the
agreement) dated 1 July 2009, which established, inter alia, an additional
remuneration in the amount of EUR 30,000 for the season 2009/2010, payable in 10
equal monthly instalments of EUR 3,000 each, the first instalment due on 30 August
2009 and the last on 30 May 2010.
4.
On 13 August 2009, another agreement (hereinafter: the second agreement) was
concluded between the parties providing the Claimant with additional
remuneration in the amount of EUR 25,000 for the season 2009/2010, payable in 10
equal monthly instalments of EUR 2,500 each, the first instalment due on 31 August
2009 and the last on 30 May 2010.
5.
Furthermore, the Claimant signed a document accepting the “Football Department
Internal Regulations” (hereinafter: the Internal Regulations) for the period
2009/2010, applicable as of 7 July 2009 until “the day the Championship and the XY
CUP finish”, which established he would be entitled to receive “compulsory
bonuses”, as follows:
a) EUR 200 for every point achieved, “if the team finishes at the end of the
Championship of Country C 2009-10 in places 1-4”;
b) EUR 170 for every point achieved, “if the team finishes at the end of the
Championship of Country C 2009-10 in places 5-8”;
c) EUR 100 for every point achieved, “if the team finishes at the end of the
Championship of Country C 2009-10 in places 9-11”;
d) “If the team finishes at the end of the Championship of Country C 2009-10
in places 12-14, no bonus (Prim) will be paid”.
6.
In addition, the Internal Regulations provided that the Respondent would be
obliged to pay the aforementioned bonuses, as follows:
a) “100% of the prim will be given to the Football Players who play in the
starting eleven. (If the Football player has bad performance then the coach
has the right to set diminished prim)”;
b) “100% of the prim will be given to the Football Players who play as change.
(If a Football Player who enters the game as change and has very good
performance then the Coach can suggest that he gets extra prim);
c) ”50% of the prim will be given to the Football Players who are included to
the starting 18”;
d) “75 % of the prim will be given to the 2nd goal-keeper”;
e) “50% of the prim will be given to the 3rd goal-keeper”.
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7.
On 9 August 2010, the Claimant lodged a claim against the Respondent before FIFA,
requesting the payment of the outstanding remuneration in the total amount of
EUR 58,610, as follows:
-
EUR 17,000 regarding the contract;
EUR 19,000 regarding the agreement;
EUR 17,000 regarding the second agreement;
EUR 5,610 in accordance with the Internal Regulations.
8.
In this respect, the Claimant alleged having honoured the contract and the
agreements. Moreover, he held that although he would be entitled to receive EUR
90,280, considering the contract and the agreements concluded between the
parties, he received only EUR 31,670. Furthermore, the Claimant specified that by
the end of the contract, he only received EUR 8,000 instead of EUR 25,000; by the
end of the agreement, he only received EUR 11,000 instead of EUR 30,000; and by
the end of the second agreement, he only received EUR 8,000 instead of EUR
25,000. The Claimant submitted receipts in support of his claim.
9.
Additionally, the Claimant held that he was entitled to receive the amount of EUR
5,610 as bonus in accordance with the Internal Regulations. According to the
Claimant, the team was able to score 34 points and was in the 6th position, and
therefore, the Respondent allegedly would have to pay the Claimant EUR 5,780
(EUR 170 x 34 points). In this respect, the Claimant informed to have received
EUR 170 only.
10.
The Respondent submitted its position, partially accepting the claim. In this respect,
the Respondent asserted that the bonus balance owed to the Claimant is of EUR
1,780 instead of the amount of EUR 5,610 claimed, thus, accepted owing the
Claimant the total amount of EUR 54,610. Furthermore, the Respondent held to be
willing to settle the claim for the amount of EUR 54,610 dividing the payment in
ten monthly instalments.
11.
The Claimant amended his initial claim, accepting the amount offered by the
Respondent, but rejected the payment in instalments.
12.
Even though invited to provide us with its final position, the Respondent did not
make any further statements in the course of the investigation.
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 9 August 2010. 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. article 21 par.
2 and 3 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 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 2010), the
DRC judge is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a player
from Country R and a club from Country C.
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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 (editions 2010 and 2009), and considering that the claim was
lodged on 9 August 2010, the 2009 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. In this respect and first of all, the DRC acknowledged that it
remained undisputed by the parties that, on 2 July 2009, the Claimant and the
Respondent concluded an employment contract valid until 31 May 2010.
Furthermore, the DRC judge acknowledged that it also remained undisputed that
the parties concluded two agreement, dated 1 July 2009 and 13 August 2009,
respectively, both also valid until 30 May 2010.
5.
In this respect, the DRC judge took due note that the Claimant originally requested
the amount of EUR 58,610 regarding outstanding remuneration and bonuses,
considering the contract, both agreements and the Internal Regulations of the
Respondent.
6.
The DRC judge took due note that, on the other hand, the Respondent partially
accepted the Claimant’s claim, by asserting that the outstanding bonuses amount to
EUR 1,780 only. As a consequence, the Respondent accepted owing the Claimant
the aggregate amount of EUR 54,610 as outstanding remuneration and proposed to
pay such amount in ten monthly instalments.
7.
In this regard, the DRC judge acknowledged that the Claimant amended his initial
claim, accepting the amount of EUR 54,610 as the total outstanding amount.
8.
As consequence, the DRC judge held that, in accordance with the general legal
principle of pacta sunt servanda, the Respondent must fulfill its obligations as per
the employment contract and agreements concluded with the Claimant and,
consequently, pay the outstanding remuneration, which is due to the latter. In this
respect, the Chamber took into account all documentation provided by the parties.
9.
In this respect, the DRC judge noted that the Claimant honoured the contract but
the Respondent did not fully comply with its contractual obligations.
10.
Furthermore, the DRC judge emphasized that the Respondent accepted owing the
Claimant the relevant amounts claimed.
11.
On account of all of the above, the DRC judge considered that the Respondent is
liable to pay the amount of EUR 54,610 to the Claimant.
12.
In conclusion, the DRC judge decided to accept the claim of the Claimant and that
the Respondent has to pay the total amount of EUR 54,600.
******
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III.
Decision of the DRC judge
1.
The claim of the Claimant, M, is accepted.
2.
The Respondent, club A, has to pay to the Claimant, M, the amount of EUR 54,610
within 30 days as from the date of notification of this decision.
3.
In the event that this amount is not paid within the stated time limit, interest at the
rate of 5% p.a. will fall due as of expiry of the above-mentioned time limit and the
present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
for consideration and a formal decision.
4.
The Claimant, M, is directed to inform the Respondent, club A, 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
Markus Kattner
Deputy Secretary General
Encl. CAS directives
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