Labour Disputes
Texto da decisão
Decis ion of the
Dis pute Res olution Cham ber (DRC)
judge
pas s ed v ia v ideoconference, on 12 June 2020,
regarding an em ploy m ent-related dis pute concerning the play er Am ro Abdililah
Jeniat
BY:
Daan de Jong (Netherlands), DRC Judge
CLAIMANT:
Amro Abdililah Jeniat, Syria
RES PONDENT:
Al Shabab Club, Oman
Tel: +41 43/222 7777 [email protected]
REF 20-00594
I.
FACTS OF THE CAS E
1.
On an unspecified date, the Syrian player, Amro Abdililah Jeniat (hereinafter: Claimant)
and the Omani club, Al Shabab (hereinafter: Respondent) signed an employment
contract valid as from 1 August 2018 until 31 May 2019.
2.
Under “Schedule 1” of the contract, the Claimant was entitled to remuneration, as
follows:
a) USD 5,000“When the contract is signed”;
b) USD 25,000 “end of the first round”;
c) USD 25,000 “end of the second round”;
d) “Total salary of Dollar divided to [USD 2,000] monthly”.
3.
On 22 March 2020, the Claimant put the Respondent in default requesting the amount
of USD 75,000 to be paid within 10 days. In said letter, the Claimant held the following:
“The two parties also agreed that the [Respondent] has to pay USD 5,000 upon signing
the contract, USD 25,000 after the end of the first round, and USD 25,000 after the end
of the second round, and the [Respondent] is obliged to pay a monthly salary of USD
2,000 during the contract period”.
4.
On 8 April 2020, the Claimant lodged a claim against the Respondent for overdue
payables, requesting the amount of USD 75,000 plus 5% interest p.a. as from “the due
dates of each payment”.
5.
In addition, the Claimant requested the imposition of sporting sanctions on the
Respondent.
6.
In his claim, the Claimant referred to his default letter dated 22 March 2020, and stated
that “the club did not respond to the player’s notification nor did [it] pay the required
amounts”.
7.
In this context, the amount of USD 75,000 represented the entire value of the
employment contract which, as per the Claimant, is still outstanding.
8.
The Claimant further reiterated in his claim that “the two parties also agreed that the
[Respondent] has to pay USD 5,000 upon signing the contract, USD 25,000 after the end
of the first round, and USD 25,000 after the end of the second round, and the
[Respondent] is obliged to pay a monthly salary of USD 2,000 during the contract
period”.
9.
Despite being requested to provide its comments on the claim of the Claimant, the
Respondent failed to do so.
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REF 20-00594
II.
CONS IDERATIONS OF THE DIS PUTE RES OLUTION CHAMBER
(DRC) judge
10.
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 8
April 2020. Taking into account the wording of art. 21 of the 2020 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (hereinafter: the Procedural Rules), the aforementioned edition of the
Procedural Rules is applicable to the matter at hand
11.
Subsequently, DRC Judge referred to art. 3 par. 1 of the Procedural Rules and confirmed
that in accordance with art. 24 par. 1 and par. 2 in combination with art. 22 lit. b) of the
Regulations on the Status and Transfer of Players 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 Syrian player and an Omani club.
12.
In continuation, 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 2 of the Regulations on the Status and Transfer of Players (edition 2020)
and considering that the present claim was lodged on 8 April 2020, the March 2020
edition of the said regulations (hereinafter: Regulations) is applicable to the matter at
hand as to the substance.
13.
The competence of the DRC Judge and the applicable regulations having been
established, the DRC Judge entered into the substance of the matter. In this respect, the
DRC Judge started by acknowledging all the above-mentioned facts and arguments as
well as the documentation on file. However, the DRC Judge emphasised that in the
following considerations he will refer only to the facts, arguments and documentary
evidence, which he considered pertinent for the assessment of the matter at hand.
14.
In this respect, the DRC Judge firstly recalled that the Claimant and the Respondent
signed an employment contract which was valid as from 1 August 2018 until 31 May
2019.
15.
In continuation, the DRC Judge understood that, in accordance with the employment
contract, the Respondent was obliged to pay to the Claimant, a total remuneration
amount of USD 75,000 for the duration of the contract, as follows:
a) USD 5,000 as sign on fee;
b) USD 25,000 “end of the first round”;
c) USD 25,000 “end of the second round”;
d) 10 monthly salaries of USD 2,000 each.
16.
In continuation, the DRC Judge recalled that the Claimant lodged a claim against the
Respondent, maintaining that the Respondent has overdue payables towards him in the
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REF 20-00594
total amount of USD 75,000, corresponding to the entire value of the employment
contract.
17.
Subsequently, the DRC Judge noted that the Respondent failed to present its response
to the claim of the Claimant, in spite of having been invited to do so. By not presenting
its position to the claim, the DRC Judge was of the opinion that the Respondent
renounced its right of defence and, thus, accepted the allegations of the Claimant.
18.
Furthermore, as a consequence of the aforementioned consideration, the DRC Judge
decided that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall take a
decision upon the basis of the documents already on file, in other words, upon the
statements and documents presented by the Claimant.
19.
In this context, the DRC Judge took particular note of the fact on 22 March 2020, the
Claimant put the Respondent in default, requesting that the Respondent pay him the
amount of USD 75,000 within 10 days.
20.
Taking into account the documentation presented by the Claimant in support of his
petition, the DRC Judge concluded that the Claimant had substantiated his claim
pertaining to overdue payables with sufficient documentary evidence in accordance
with art. 12 par. 3 of the Procedural Rules. That is, the DRC Judge concluded that the
Claimant presented sufficient documentation relating to his claim for the outstanding
salaries provided by the contract.
21.
On account of the aforementioned considerations, the DRC Judge established that the
Respondent failed to remit the Claimant’s remuneration in the total amount of USD
75,000.
22.
In addition, the DRC Judge established that the Respondent had delayed a due payment
for more than thirty days without a prima facie contractual basis.
23.
Consequently, the DRC Judge decided that, in accordance with the general legal
principle of pacta sunt servanda, the Respondent is liable to pay to the Claimant overdue
payables in the total amount of USD 75,000 corresponding to the entire value of the
employment contract.
24.
In addition, taking into account the Claimant’s request as well as the constant practice
of the Dispute Resolution Chamber, the DRC judge decided that the Respondent must
pay to the Claimant interest of 5% p.a. as from the respective due dates.
25.
Having said this, and given that no due dates were provided for in the contract, the DRC
Judge decided that the interest on the two instalments of USD 25,000 payable “at the
end of the first round” and “at the end of the second round” respectively, would apply
as from the day following the expiry date of the contract, i.e. 1 June 2019.
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REF 20-00594
26.
Consequently, the DRC judge decided that the Respondent must pay to the Claimant
interest of 5% p.a. as follows:
- 5% interest p.a. as from 2 August 2018 on the amount of USD 5,000;
- 5% interest p.a. as from 1 September 2018 on the amount of USD 2,000;
- 5% interest p.a. as from 1 October 2018 on the amount of USD 2,000;
- 5% interest p.a. as from 1 November 2018 on the amount of USD 2,000;
- 5% interest p.a. as from 1 December 2018 on the amount of USD 2,000;
- 5% interest p.a. as from 1 January 2019 on the amount of USD 2,000;
- 5% interest p.a. as from 1 February 2019 on the amount of USD 2, 000
- 5% interest p.a. as from 1 March 2019 on the amount of USD 2,000;
- 5% interest p.a. as from 1 April 2019 on the amount of USD 2,000
- 5% interest p.a. as from 1 May 2019 on the amount of USD 2,000;
- 5% interest p.a. as from 1 June 2019 on the amount of USD 52,000.
27.
Furthermore, taking into account the consideration under point 12 above, the DRC
Judge referred to art.12bis par. 2 of the Regulations, which stipulates that any club
found to have delayed a due payment for more than thirty days without a prima facie
contractual basis may be sanctioned in accordance with art. 12bis par. 4 of the
Regulations.
28.
The DRC judge established that by virtue of art. 12bis par. 4 of the Regulations he has
competence to impose sanctions on the Respondent. The DRC judge further wished to
highlight that a repeated offence will be considered as an aggravating circumstance
and lead to a more severe penalty in accordance with art. 12bis par. 6 of the Regulations.
29.
In this context, the DRC Judge highlighted that, on 5 October 2018 and 3 February 2020,
the Respondent had already been found to have delayed a due payment for more than
30 days without a prima facie contractual basis. In view of the above, the DRC Judge
decided to impose a fine on the Respondent in accordance with art. 12bis par. 4 lit. c)
of the Regulations. Furthermore, taking into consideration the amount due, the DRC
judge regarded a fine amounting to CHF 7,500 as appropriate and hence decided to
impose said fine on the Respondent
30.
Finally, taking into account the consideration under point 12 above, the DRC judge
referred to par. 1 and 2 of art. 24bis of the Regulations, which stipulate that, with his
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.
31.
In this regard, the DRC judge 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.
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REF 20-00594
32.
Therefore, bearing in mind the above, the DRC judge 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.
33.
Finally, the DRC judge 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.
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REF 20-00594
III. DECIS ION OF THE DRC judge
1.
The claim of the Claimant, Amro Abdililah Jeniat, is accepted.
2.
The Respondent, Al Shabab Club, has to pay to the Claimant, the following amount of
USD 75,000 as outstanding remuneration plus 5% interest p.a. until the date of effective
payment as follows:
- 5% interest p.a. as from 2 August 2018 on the amount of USD 5,000;
- 5% interest p.a. as from 1 September 2018 on the amount of USD 2,000;
- 5% interest p.a. as from 1 October 2018 on the amount of USD 2,000;
- 5% interest p.a. as from 1 November 2018 on the amount of USD 2,000;
- 5% interest p.a. as from 1 December 2018 on the amount of USD 2,000;
- 5% interest p.a. as from 1 January 2019 on the amount of USD 2,000;
- 5% interest p.a. as from 1 February 2019 on the amount of USD 2,000;
- 5% interest p.a. as from 1 March 2019 on the amount of USD 2,000;
- 5% interest p.a. as from 1 April 2019 on the amount of USD 2,000
- 5% interest p.a. as from 1 May 2019 on the amount of USD 2,000;
- 5% interest p.a. as from 1 June 2019 on the amount of USD 52,000.
3.
The Respondent is ordered to pay a fine in the amount of CHF 7,500. The fine is to be
paid within 45 days of notification of the present decision to FIFA to the following bank
account with reference to case number 20-00594/osv:
Account number 366.677.01U (FIFA Players’ Status) UBS Zurich,
SWIFT: UBSWCHZH80A,
Clearing number 230,
IBAN: CH 27 0023 0230 3666,
4.
The Claimant is directed to immediately and directly inform the Respondent of the
relevant bank account to which the Respondent must pay the due amount.
5.
The Respondent shall provide evidence of payment of the due amount in accordance
with this decision to ps [email protected], duly translated, if applicable, into one of the
official FIFA languages (English, French, German, Spanish).
6.
In the event that the amount due, plus interest as established 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 following consequences shall arise:
1. The Respondent shall be banned from registering any new players, either nationally
or internationally, up until the due amount is paid and for the maximum duration
of three entire and consecutive registration periods. The aforementioned ban
mentioned will be lifted immediately and prior to its complete serving, once the
due amount is paid.
(cf. art. 24bis of the Regulations on the Status and Transfer of Players).
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REF 20-00594
2. In the event that the payable amount as per in this decision 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 the FIFA Disciplinary Committee.
For the DRC judge :
Emilio García Silvero
Chief Legal & Compliance Officer
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REF 20-00594
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 58 par. 1 of the FIFA Statutes, this decision may be appealed against
before the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification
of this decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf. article 20 of the Procedural Rules).
CONTACT INFORMATION:
Fédération Internationale de Football As s ociation
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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