DRC Overdue Payables
Texto da decisão
REF. FPSD-11998
Decision of the
Dispute Resolution Chamber
passed on 7 March 2024
regarding an employment-related dispute concerning
the player Majdi Attar Mohammad Attar
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Roy VERMEER (The Netherlands), member
Mario FLORES CHEMOR (Mexico), member
CLAIMANT:
Majdi Attar Mohammad Attar, Jordan
Represented by Emad Hanayneh
RESPONDENT:
Al Ain FC, Saudi Arabia
pg. 2
REF. FPSD-11998
I. Facts of the case
1.
On 16 January 2023, the Jordanian player, Majdi Attar Mohammad Attar (hereinafter: the
player or the Claimant) and the Saudi Arabian club, Al Ain FC (hereinafter: the club or the
Respondent) concluded an employment contract valid as from the date of signature until
16 June 2023 (hereinafter: the contract).
2.
Under the contract, the Respondent undertook to pay to the Claimant a total amount of
USD 35,000, payable as follows:
-
A monthly salary of USD 6,000, payable at the end of each month, and
-
sign-on fee of USD 5,000, payable on 20 January 2023.
3.
In accordance with a document titled “acknowledgment of monies receipt” dated 1
February 2023, the club paid to the player the amount of USD 2,333.33 / SAR 8,750 as part
of the sign-on fee.
4.
In accordance with a document titled “sheet of part of foreign players’ salaries”, the player
received the amount of SAR 15,000 on an unspecified date.
5.
On 5 March 2023, the club allegedly paid to a third person (Mohammad Al-Zahrani) the
amount of SAR 10,000 and this amount was allegedly forwarded by said person to the
player as per a document titled “acknowledgment of monies receipt” dated 23 February
2023, in which it is mentioned that the club paid to the player the amount of SAR 10,000 as
the remaining part of the sign-on fee. It is to be noted that the Player disputed this
payment.
6.
In accordance with the document titled “acknowledgment” dated 30 May 2023, the player
received the amount of SAR 11,250 as part of January 2023 salary.
7.
In accordance with the document titled “acknowledgment” dated 30 May 2023, the player
received the amount of SAR 22,500 as part of February 2023 salary.
8.
As per a bank statement, the club paid the player USD 7,813 on 3 July 2023.
9.
By correspondence dated 24 August 2023, the Claimant put the Respondent in default of
payment of USD 15,062 which corresponded to the balance of the outstanding
remuneration (USD 35,000 – USD 10,875); setting a 10 days’ time limit in order to remedy
the default.
pg. 3
REF. FPSD-11998
II. Proceedings before FIFA
10. On 29 September 2023, the Claimant filed the claim at hand before FIFA. A brief summary
of the position of the parties is detailed in continuation.
a. Position of the Claimant
11. In his claim, the player requested the payment of USD 15,062, the player indicated that the
total value of the contract was USD 35,000 however, the club only paid SAR 22,500 / USD
6,000 and SAR 11,500 / USD 3,063 and JOD 7,700 / USD 10,875.
12. The player further requested 5% interest on the due amount as from the due date of
payment and to impose a transfer ban on the club.
b. Position of the Respondent
13. In its reply, the Respondent held that it paid to the player SAR 77,500 / USD 20,892 and USD
7,813 via a bank transfer. In addition, from the amount due to the player, the Respondent
indicated that the amount of SAR 850/USD 226 is to be deducted, as the player committed
five traffic violations with club’s car which were equivalent to SAR 850.
14. In view of the above the player is entitled to USD 6,294 (USD 35,000 – USD 20,892 + USD
7,813 – USD 226).
15. The Respondent requested the following relief:
“1) To accept this Response against the Player; and
2) To rule that the Player shall only be entitled to an amount of USD 6,294.”
16. In support to the payments performed by the club, it provided the following documents 5
acknowledgement of monies receipts, a “Sheet of part of foreign players’ salaries” and 2
banks statements (one partially translated into a FIFA procedural language).
c. Rejoinder of the Claimant
17. In his rejoinder, the player recognised the following payments:
-
On 1 February 2023 the amount of SAR 8,750 (USD 2,333);
-
On 30 May 2023 the amounts of SAR 11,250 (USD 2,999) (part of January
2023 salary);
pg. 4
REF. FPSD-11998
-
On 30 May 2023 the amount of SAR 22,500 (USD 5,999) (salary of
February 2023); and
-
On 3 July 2023 the amount of USD 7,813 (salary of March and part of
April).
18. However, as to the other payments, the player provided the following comments (quoted
verbatim):
“The club’s bad faith appeared in several cases:
• The bonus paid on May 15, 2023, amounting to 15 thousand riyals, is considered
part of the player’s salaries. The player was told verbally that the amount was a bonus,
and here before FIFA this was mentioned as part of salaries. The player dealt with the
club in good faith, while the club with bad intentions fought hard before FIFA to
pretend good faith.
• The club also submitted a document dated on 22 March 203 in which the player’s
signature was forged.
• The Club presented a bank transfer dated on 5 March 2023 allegedly transferred to
the player Majdi Al-Attar, in fact, the bank account number does not belong to the
claimant for the reason the name of the beneficiary in Arabic is Muhammad AlZahrani.
It's worth considering again that the club response used a misleading and deceptive
method of evidence through the following:
-
By presenting a bank transfer of 10,000 SR dated March 5, 2023, made to someone
named Mohammad Al-Zahrani and asserting before FIFA that the transfer was
made to the claimant (Mr. Attar). Furthermore, noticing that the transfer document
(the SWIFT) indicates the bank account, not the claimant's, as well as the
beneficiary's name in Arabic (Mohammad Ali Attia Al-Zahrani).
-
By submitting a forged document, it is claimed that the player, Majdi Al-Attar,
signed the receipt for an amount of 10,000 Saudi riyals on March 22, 2023.
-
Considering the amount of 15000 SR on May 15, 2023, as part of salaries without
specifying which month related to be as part of it like previous procedures followed
by the club with all previous payments. The fact is, the amount is a bonus and not
part of a salary as mentioned by the club, noting that six players received the same
amount on the same date. the fact is a statement for payments to a limited number
of players and not to all players of the team.”
pg. 5
REF. FPSD-11998
19. In view of the above, his request for relief remained unchanged.
d. Final comments of the Respondent
20. In its final comments, the Respondent stated the following:
-
As to the traffic fines, the club indicated that the player did not deny this,
therefore, it should be attributed against him after being undisputed.
-
As to the payment of two disputed payments of SAR 10,000 and SAR 10,000 on 22
March 2023 and 05 March 2023, it was indicated (quoted verbatim) that:
“The bank transfer of SAR 10,000 dated 05 March 2023 was directed to Mr.
Mohamed Attia Al-Zahrani who is the Club’s Sports Director as the Club was used
(for administrative reasons) to transfer to him various payments regarding some
players and he withdraws them and pay them in person to each player as part of
his job.
Accordingly, the Club transferred to him the payment of SAR 10,000 on 05 March
2023, and he ultimately paid them in cash to the Player on 22 March 2023 and the
Player signed the acknowledgement of receipt.
The Player stated that his signature on the acknowledgement of receipt of SAR
10,000 dated 22 March 2023 is forged.
In this context, we hereby grab the Honorable DRC’s attention to the fact that by
reviewing the various Player’s signature on all documents, it becomes absolutely
clear that the Player used to sign in various different ways, he never had one
constant signature which he sticked to while signing documents.
Accordingly, it cannot be ruled that the Player’s signature on the acknowledgement
of receipt dated 22 March 2023 is forged based on the difference with his signature
on any other document”.
-
As to the payment of SAR 15,000, the Player did not contest his signature thereof,
nor did he allege any forgery. The Player merely stated that he received this
amount as a bonus and not as part of his salaries. In this respect, the club added
the following:
“By reviewing the acknowledgement of receipt of SAR 15,000 dated 15 May 2023,
we find it titled with (Sheet of part of foreign players’ salaries) which leaves no room
for any doubt regarding this payment being part of the Player’s salaries, not any
kind of bonus.
pg. 6
REF. FPSD-11998
The Player tried to use the fact that the acknowledgement was signed by six (6)
players including the Player which proves that the payment of SAR 15,000 is a
bonus, not salaries.
However, it should be taken as evidence against him, not in his favor because the
six players (including the Player) are native Arab speakers, it is incredible that no
one of them accepted to sign a document explicitly stating that they received any
amount as salaries while it ought to be a mere bonus.
Moreover, the Player’s suggestion that the six players’ receipt of the same amount
of SAR 15,000 proves that the payment was a mere bonus is also unfounded and
incredible; the Club had various outstanding salaries to be paid to some players
(including the Player) and it simply chose to equally distribute the available amount
of SAR 90,000 to pay six players (including the Player), simple as that”.
21. The club amended its request for relief:
“ 1) To accept these final comments; and
2) To rule that the Player shall only be entitled to an amount of USD 8,960.
e. Original document provided by the club
22. In light of the player’s allegations of forgery, the FIFA secretariat general requested the club
to provide with the original document named “acknowledgement of monies receipt on 22
March 2023”.
23. The FIFA general secretariat timely received the evidence addressed by the club; however,
it was in fact a copy of the document in question and not the original.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
24. First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or
DRC) analysed whether it was competent to deal with the case at hand. In this respect, it
took note that the present matter was presented to FIFA on 29 September 2023 and
submitted for decision on 7 March 2024. Taking into account the wording of art. 34 of the
March 2023 edition of the Procedural Rules Governing the Football Tribunal (hereinafter:
the Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to
the matter at hand.
pg. 7
REF. FPSD-11998
25. Subsequently, the members of the Chamber referred to art. 2 par. 1 of the Procedural Rules
and observed that in accordance with art. 23 par. 1 in combination with art. 22 par. lit. b)
of the Regulations on the Status and Transfer of Players (February 2024 edition), 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 Jordanian
player and a Saudi Arabian club.
26. Subsequently, 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 (February 2024 edition), and
considering that the present claim was lodged on 29 September 2023, the May 2023 edition
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
b. Burden of proof
27. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the Transfer Matching System (TMS).
c. Merits of the dispute
28. Its competence and the applicable regulations having been established, the Chamber
entered into the merits of the dispute. In this respect, the Chamber started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. 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.
i. Main legal discussion and considerations
29. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that the parties strongly dispute the payment of certain
financial obligations by the Respondent as per the contract, namely USD 15,062.
30. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
pg. 8
REF. FPSD-11998
31. Then, the Chamber observed that the parties do not dispute the payment/receipt of the
following amounts:
-
USD 2,333.33 / SAR 8,750 paid on 1 February 2023.
-
USD 3,997.41 / SAR 15,000 paid on 15 May 2023. However, the concept of this
amount was disputed.
-
USD 2,999 / SAR 11,250 paid on 30 May 2023.
-
USD 5,999 /SAR 22,500 paid on 30 May 2023
-
USD 7,813 paid on 3 July 2023.
Total: USD 23,141.74
32. Moreover, the Chamber also noted that the parties disputed (i) the concept of payment of
the amount of USD 3,997.41 / SAR 15,000 paid on 15 May 2023, (ii) the payment of the
amount of SAR 10,000 allegedly performed on 22 March 2023, and (iii) the deduction to the
player’s salary in the amount of SAR 850. Consequently, the Chamber analyzed each of
these points.
33. As to the payment of USD 3,997.42 / SAR 15,000 paid on 15 May 2023 the Chamber
observed that while the Claimant mentioned that this amount was part of a bonus
payment, the club mentioned that this payment was part of the player’s salary. In this
respect, the Chamber observed that the Claimant did not provide any evidence enabling
the Chamber to determine that this amount was in fact a bonus. On the contrary, as per
information retrieved on said document, the document’s tittle was “sheet of part of foreign
players' salaries". Consequently, the Chamber decided that this amount was in fact a
payment of the player’s salary.
34. Then, as to the alleged payment performed by the club of SAR 10,000 performed on 22
March 2023, the Chamber was mindful that the player did not recognise such payment and
that the club stated that this amount was paid on 5 March 2023 to a third party who is
allegedly the club's sports director (Mr Mohamed Al-Zahrani) and that this person the paid
this amount to the player, who then signed the relevant receipt.
35. Bearing the player’s position on the forgery in mind, the Chamber observed that the
player’s signatures in the following documents:
pg. 9
REF. FPSD-11998
Document
Alleged signature of the player
in the document dated 22
March 2023
Signature
Signature of the player in the
contract
Signature of the player in the
power of attorney:
36. In view of the dissent between the parties, the DRC firstly recalled that in line with its longstanding jurisprudence, the club bore the burden of proof to demonstrate that it complied
with its financial obligations (cf. art. 13, par. 5 of the Procedural Rules). Furthermore, it also
deemed noteworthy that clubs must be diligent when paying players in cash, and to record
the correspondent cash payment receipt. In the absence of a clear confirmation that the
signature found in the specimen in the receipt is authentic, it falls on the club to further
prove its position – for instance by filing additional documentation, such as balances or
internal accounting documents, to demonstrate that the payments were performed.
37. The above in particularly important when considering that FIFA’s deciding bodies are not
competent to decide upon matters of criminal law, such as the one of alleged falsified
signatures of documents, and that such affairs fall into jurisdiction of the competent
national criminal authority. Thus, it is up to the relevant chamber of the Football Tribunal
to take a decision vis-à-vis the other elements of the case. The DRC remarked in this respect
that the FIFA general secretariat requested with the original document, however, such
documentation was not provided: the Chamber observed that the document sent by
courier to the FIFA secretariat general was a copy and not the original document. In fact, it
appears to be a printed copy.
38. Therefore, the Chamber was not even able to verify its authenticity, and consequently, it
cannot be concluded that the player received such amount.
39. Finally, with regard to the deductions claimed by the Respondent, there is no provision in
the contract allowing the Respondent to deduct such amounts. Furthermore, the
Respondent is not entitled to claim from the player any amount that would be due to a
third party (i.e., the Transport Authority) and no evidence as to the payment of such
pg. 10
REF. FPSD-11998
amounts were provided. Therefore, the Chamber did not consider the alleged deductions
performed by the club.
40. Having stated the above, the Chamber concluded that the total amount due by the club for
the duration of the contract was USD 35,000 and that the amount club paid as per the
above analysis was USD 23,141.74.
41. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant USD 11,858.25
(USD 35,000 – USD 23,141.74).
42. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Chamber in this regard, the latter decided to award the Claimant interest at the rate
of 5% p.a. on the outstanding amounts as follows:
-
On the amount of USD 5,858.26 as from 1 June 2023 until the date of effective
payment and
-
On the amount of USD 6,000 as from 1 July 2023 until the date of effective payment.
ii. Art. 12bis of the Regulations
43. In continuation, the Chamber referred to art. 12bis par. 2 of the Regulations, which
stipulates that any club found to have delayed a due payment for more than 30 days
without a prima facie contractual basis may be sanctioned in accordance with art. 12bis
par. 4 of the Regulations.
44. To this end, the Chamber confirmed that the player put the club in default of payment of
the amounts sought, which had fallen due more than 30 days before, and granted the club
a 10-day deadline to cure such breach of contract.
45. Accordingly, the Chamber confirmed that the club had delayed a due payment without a
prima facia contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
46. The Chamber further established that by virtue of art. 12bis par. 4 of the Regulations it has
competence to impose sanctions on the club. On account of the above and bearing in mind
that this is the first offense by the club within the last two years, the Chamber decided to
impose a warning on the club in accordance with art. 12bis par. 4 lit. a) of the Regulations.
47. In this connection, the Chamber highlighted 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.
pg. 11
REF. FPSD-11998
iii. Compliance with monetary decisions
48. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24 par.
1 and 2 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.
49. In this regard, the DRC highlighted 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. The overall
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
50. Therefore, bearing in mind the above, the DRC decided that the Respondent must pay the
full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
registering any new players, either nationally or internationally, for the maximum duration
of three entire and consecutive registration periods shall become immediately effective on
the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
51. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is attached
to the present decision.
52. The DRC 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. 24 par. 8 of
the Regulations.
d. Costs
53. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
54. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules, and decided that no procedural compensation shall be
awarded in these proceedings.
55. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 12
REF. FPSD-11998
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Majdi Attar Mohammad Attar, is partially accepted.
2.
The Respondent, Al Ain FC, must pay to the Claimant the following amounts:
- USD 5,858.26 as outstanding remuneration plus 5% interest p.a. as from 1 June 2023
until the date of effective payment;
- USD 6,000 as outstanding remuneration plus 5% interest p.a. as from 1 July 2023 until
the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
6.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
7.
This decision is rendered without costs.
8.
A warning is imposed on the Respondent (cf art. 12bis of the Regulations on the Status and
Transfer of Players).
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 13
REF. FPSD-11998
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 57 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 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 14