DRC Overdue Payables
Texto da decisão
REF. FPSD-14935
Decision of the
Dispute Resolution Chamber
passed on 12 September 2024
regarding an employment-related dispute concerning
the player Hamed Bakhtiari
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Andre DOS SANTOS MEGALE (Brazil), Member
Johan VAN GAALEN (South Africa), Member
CLAIMANT:
Hamed Bakhtiari, Iran
Represented by Thomas Riera
RESPONDENT:
KBFC, Thailand
pg. 2
REF. FPSD-14935
I. Facts of the case
1.
On 26 July 2023, the Iranian player, Hamed Bakhtiari (hereinafter: the Claimant or the
Player), and the Thai club, KBFC (hereinafter: the Respondent or the Club), signed an
employment contract (hereinafter: the Contract).
2.
Clause 1 of the Contract established its term and the Club’s obligation regarding visas
(quoted verbatim):
“Clause 1. Term of period the employment contract
1.1 This contract start on July 26, 2023
1.2 1.2 This contract is effective for the payment of salaries when The Player get Non - b
visa and work permit and received an international transfer certificate
1.3 The club is only responsible for processing visas in Thailand and the club will process
work permits for player once the Non - B visa has been obtained
1.4 The Player must pass the medical examination by the club’s appointed doctor or
hospital
1.5 Contract expire at the end of season 2023/2024, or matches cancelled announcement
from Football Association of Thailand .(FAT,)”
3.
According to the information retrieved from the Transfer Matching System (TMS), the
2023/2024 season in Thailand ran from 1 July 2023 until 31 May 2024.
4.
In clause 2, the parties stipulated the Player’s remuneration as follows (quoted verbatim):
“Clause 2. Salary, wages and allowance.
2.1 Salary 45,000 baht per month When the action under Clause 1.2 and 1.3 has been
completed
2.2 Renewation employment contract shall be agree both of parties.
2.3 The employer or the club shall agreed to pay salary by month end, but not later than
the 5th day of the following month except of the bank holiday that shall be proceed
payment as next day when the bank opened.”
5.
Finally, the Club’s responsibilities were included in clause 5 (quoted verbatim):
“Clause 5. Responsibilities (employer)
5.1 On time wages, salary payment.
5.2 Keep warm, fairy as same as a part of the club’s.
5.3 Keep all of employee adhered to the club’s rules & regulations and Thai's laws.
5.4 holiday, day off assignment as below
5.4.1 The employee shall be get 1 day off for each week, in case midweek match the
employer shall be change on the right day.
5.4.2 In one year of employment contract the employer shall be allow the employee to
rest or have a holiday not more than 30 days (other than clause 5.4.1), which shall be the
pg. 3
REF. FPSD-14935
right time at least for each period of not less than 5 days. Must be a period other than
the normal period of the competition season defined in the one year contract.
5.4.3 The employer shall be allow annual leave as considering that it is really necessary
without deducting salary. But annual leave no more than 5 days each time and all year
combine shall be no more 15 days.
5.4.4 Sick leave, the employee shall be take sick leave no more than 15 days per year. Sick
leave 3 days must have a medical certificate from the hospital as evidence only, that it
shall not be considered as absent.
5.5 The employee is unable to competition and training due to injury, defined as follows
5.5.1 Injury not severe from training or competition, the employer shall be assign the
physical and sports scientists to perform treatment and care.
5.5.2 Injury much more than clause 5.5.1 the employer shall be specialized doctor to do
treatment and care.
5.5.3 In case of other illness (except injury or illness caused by the negligence by self) the
employer shall be pay compensation to the employee during the treatment period in full
amount according to the amount but not more than 30 days. If over than this the
employer shall be pay only half of the compensation until the end of the contract or
season whichever is the day comes.
Chronic injury case until the doctor's commented could not compete in that season or
taking treatment more than 60 days. The employer may consider to terminate contract
as the end of the first leg of the season or as the compete season is over with the
employee shall have no right to claim any compensation from the employer.
5.6 The employer will create social security, (insurance health care) as required by law or
accident insurance or life insurance to the employee as necessary and appropriate by
the employee the beneficiary.
5.7. Take care of the safety of the employee throughout the period of training and
compete including provide appropriate safety equipment all the time.”
6.
According to the Club, the Player got injured on 3 December 2023 and the Club paid THB
8,000 for an MRI. Also according to the Club, the MRI indicated that the Player needed to
undergo surgery.
7.
According to the Player, on 9 December 2023 he sustained a cruciate ligament injury in a
league match against Nongbua Pitchaya FC.
8.
On an unspecified date, the Player had a chat conversation with a contact saved as
“Meawmeaw Kongkerd”, whom he identified as a Club employee. In this conversation, the
alleged Club employee informed the Player that he would undergo surgery on 25 January.
9.
According to the Club, on an unspecified date the Club paid THB 163,888.50 for the Player’s
surgery.
10. Also on an unspecified date, the Player had a chat conversation with a contact saved as
“Auttapon H.4”, whom he identified as a member of the Club’s staff. In this conversation,
pg. 4
REF. FPSD-14935
the Player mentioned that he needed physiotherapy and requested the Club employee to
provide him with treatment.
11. On 2 April 2024, the Player again requested this alleged employee to provide him with
physiotherapy.
12. On 23 and 24 April 2024, the Player exchanged several messages with the contact saved as
“Meawmeaw Kongkerd”. In this conversation, the alleged Club employee informed the
Player that the Club could not pay his salary unless he signed a “document”. The Player
stated that the Club wanted him to sign a document stipulating that it would pay him 60%
of his salary, while he wanted to receive his full salary. The alleged employee said they
could only pay him 60% after he signed the “document”.
13. On 25 April 2024, the Player renewed his visa until 19 July 2024 and paid THB 1,900 for the
renewal.
14. On 30 April 2024, the Claimant put the Respondent in default and requested payment of (i)
THB 126,000 for the balance of the salary for February 2024 and the full salaries for March
and April 2024, (ii) THB 21,456 for travel expenses and (iii) THB 1,900 for visa expenses.
Furthermore, the Player informed the Club that, as he was injured and the Club only
provided him with 12 physiotherapy sessions, he was forced to hire a private
physiotherapist and that he would notify the Club to bear all expenses when he had the
final invoice. The Player set a 10 days’ time limit in order to comply with payment of the
referred amounts.
15. On 9 May 2024, the Club replied to the Player’s letter by arguing that he had committed
several breaches to the Contract. Additionally, the Club mentioned that (i) the February
salary had already been paid, as the Club decided to pay 60% of it and that (ii) the Club was
willing to pay him 60% of the salary for March and April 2024 but that he did not agree with
the proposal. Regarding the travel expenses, the Club argued that the Player’s request had
no contractual basis. Finally, in connection with the visa costs, the Club said that the Player
did not inform the Club that he would renew its visa, and, in addition, the Contract expired
on 27 April 2024. Therefore, the Club was not responsible for the renewal.
16. On 8 June 2024, the Player obtained the final receipt for his treatment, which included
online exercise therapy from 25 March 2024 to 9 May 2024 and physiotherapy from 11 May
2024 to 7 June 2024. According to the evidence provided by the Player, the treatment cost
USD 3,280.
pg. 5
REF. FPSD-14935
II. Proceedings before FIFA
17. On 13 June 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is set out below.
a. Position of the Claimant
18. According to the Claimant, he was entitled to receive a salary of THB 45,000 net per month,
visa and work permit, and social security insurance. In this regard, the Player stated that
the Club failed to comply with the financial obligations and neglected the Player while he
was injured. The Player argued that the Club did not fully pay the salary for February 2024
and failed to pay the salaries for March and April 2024, when the Contract ended on 30
April 2024.
19. Additionally, the Player alleged that he had to pay for physiotherapy as he had to undergo
further sessions and treatments to get fully recovered. Moreover, the Player highlighted
that the last match of the season was on 27 April 2024 and that his visa expired on 25 April
2024. In order to respect the Contract, he mentioned that he had to pay for the renewal of
the visa, as the Club did not handle the issue.
20. The requests for relief of the Claimant were the following:
“As a consequence of all of the above, the player is requesting the FIFA DRC to rule that
team had treated the player unfairly and to order that the Club to pay the player TBH
248,033 as compensation for breach of contract corresponding the following amounts:
-THB 126,000 (3months’ salary) + 5% interest
-THB 120,133 as physiotherapy treatment + 5% interest
-THB 1,900 as Visa extension payment + 5% interest”
21. At the FIFA general secretariat’s request, the Player provided a breakdown of his request
as follows:
“THB 126,000 (3 months' salary) + 5% interest (which corresponds to)
February 2024. Balance of THB 36,000 (Thirty-six Thousand Thai Baht)
March 2024. THB 45,000 (Forty-five Thousand Thai Baht)
April 2024. THB 45,000 (Forty-five Thousand Thai Baht)
THB 120,133 as physiotherapy treatment + 5% interest (Medical bill paid by the player
on 8 June 2024)
THB 1,900 as Visa extension payment + 5% interest (Visa fee paid by the player on 25
April 2024)”
pg. 6
REF. FPSD-14935
b. Position of the Respondent
22. According to the Respondent, the Player did not fully perform his duties and committed
several breaches to the Contract.
23. In this sense, the Club mentioned that the Player had several injuries during the Contract
and that the Club had to pay for two surgeries. Additionally, the Club argued that the Player
had two motorcycle accidents while he was under the influence of alcohol.
24. The Club stated that, since the Player was unable to train and compete for six months, the
“committee” determined that the Contract needed to be reconsidered. Therefore, the
coaching staff suggested terminating the Contract, but the president did not agree. In this
regard, the Club argued that, before the injury, the Player was unable to train and compete
for 47 days and, after the injury, for 139 days. According to the Club, out of 34 matches the
Player was only available to play 11. For that reason, the “committee” resolved to request
the Player to reduce his salary to THB 27,000.
25. The Club stated that it paid 60% of the salaries for January and February 2024, but that the
Player was not satisfied with what he received and wanted to receive his full salary. Also,
the Club said that the president offered to pay 80% of the salary and the Player refused.
26. Finally, the Club reaffirmed the arguments presented in its response to the notice of
default: that (i) the salary for February had already been paid, as the Club decided to pay
60% of it and that (ii) the Club was also willing to pay the Player 60% of the salary for March
and April 2024 but that he refused to receive that amount. In connection with the visa fees,
the Club said that the Player did not inform the Club that he would renew his visa, and, in
addition, the Contract expired on 27 April 2024. Therefore, the Club was not responsible
for the renewal.
pg. 7
REF. FPSD-14935
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
27. First of all, the Dispute Resolution Chamber (hereinafter: the 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 13 June 2024 and submitted for decision on
12 September 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.
28. Furthermore, 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. 1 lit. b) of the
Regulations on the Status and Transfer of Players (June 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 an Iranian player
and a Thai club.
29. 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 (June 2024 edition), and
considering that the present claim was lodged on 13 June 2024, the June 2024 edition of
said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
30. 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
31. Having established the competence and the applicable regulations, 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
assessing the matter at hand.
pg. 8
REF. FPSD-14935
i. Main legal discussion and considerations
32. The Chamber then moved to the substance of the matter and took note of the fact that this
is a claim of a player against a club for overdue payables and reimbursement of medical
and visa expenses.
33. The Chamber first recalled that, according to the Player, the Club failed to pay the balance
of his salary for February 2024 and the salaries for March and April 2024. Additionally, the
Player argued that he had to pay for the renewal of his visa and for his medical treatment
regarding an injury he sustained while playing a match for the Club.
34. Conversely, the Chamber noted the Respondent’s argument that the Player breached the
Contract several times and that, during the term of the Contract, he was unable to train
and compete for a long period. Therefore, the Club paid a reduced amount for the salaries
of January and February 2024. The Chamber also observed that the Club stated that it was
also willing to pay the Player a reduced salary for March and April 2024, but that he refused
to sign an agreement expressing his consent.
35. Regarding the visa, the Chamber recalled that Club argued that the Player did not inform
the Club that he was going to renew it and that the Contract expired on 27 April 2024.
Therefore, according to the Club, it was not its responsibility to renew the Player’s visa.
Finally, the Chamber took note that the Club did not make any mention of the medical
expenses.
36. In this context, the Chamber acknowledged that its task was to determine whether the Club
owes any salary to the Player and whether the medical and the visa expenses shall be
reimbursed to him.
37. First, the Chamber noted the Player’s argument that the Club did not pay his full salary for
February 2024. In this regard, the Player stated that the Club owed him THB 36,000 out of
the contractually agreed THB 45,000. Conversely, the Club alleged it paid THB 27,000, as it
decided to pay a reduced amount due to the Player’s injury.
38. The Chamber considered that it was the Club who bore the burden of proving that indeed
it complied with the financial terms of the Contract. Nonetheless, the Club did not provide
any evidence of having paid THB 27,000 to the Player aside from its statement, and in any
event acknowledged that the contractually agreed amount of THB was never disbursed.
Additionally, and in accordance with the jurisprudence of the Football Tribunal, the
Chamber underscored that the economic consequences of a player’s injury shall be
managed with a proper insurance policy and a player’s salary cannot be reduced due to an
injury, as it is considered an abusive behaviour.
pg. 9
REF. FPSD-14935
39. Hence, the Chamber stated that the Player should have received his remuneration in full
and as contractually agreed. Thus, the Chamber decided to award the Player the balance
of the salary for February plus 5% interest p.a.
40. Then, the Chamber highlighted that the Club acknowledged not having paid the Player the
salaries for March and April 2024, as it mentioned that it could not perform the payments
because the Club was willing to pay a reduced amount, but the Player refused to sign an
agreement expressing his consent.
41. Based on the aforementioned, the Chamber decided to award the Player both full salaries
with their corresponding interest.
42. Regarding the medical expenses, the Chamber pointed out that, according to clause 5.5.2
of the Contract, in case of a serious injury the Club was obliged to provide the Player with
a specialised doctor for the corresponding treatment. In addition, clause 5.6 stated that the
Club undertook to contract an insurance for the Player as required by law. Furthermore,
clause 5.7 set forth that the Club had to take care of the Player’s safety during the training
period.
43. Additionally, the Chamber took note that it is undisputed that the Player suffered an injury
while playing for the Club, although the Club indicated that the Player got injured on 3
December 2023 and the Player argued that it was on 9 December 2023. The Club also
acknowledged that it paid for the MRI and for the surgery. Thus, it is also undisputed that
the Club had to bear all costs related to this injury.
44. The Chamber highlighted that, although the Club provided its response, it never disputed
the Player’s allegations concerning the fact that he was only granted 12 physiotherapy
sessions. In addition, when confronted with allegations to the contrary, the Club did not
comment or provide evidence whether this number of sessions was adequate for the
treatment of this injury. Furthermore, in the chat conversations provided as evidence, the
Player reported on several occasions that he needed physiotherapy.
45. In this respect, the Chamber observed that the Player provided an invoice dated 8 June
2024 demonstrating that he had to hire a personal doctor from 25 March 2024 to 7 June
2024 to complete his treatment. The final cost of the entire treatment was USD 3,280.
46. In light of all the above, and especially taking into account that the Club was contractually
obliged to provide adequate treatment and failed to do so, the Chamber considered that
the Club should reimburse the costs of the treatment to the Player. As the Player is
requesting this amount in THB, the Chamber decided to award him THB 119,999 with
interest.
pg. 10
REF. FPSD-14935
47. Finally, the Chamber moved on to the request for the reimbursement of the visa expenses
and took note that clause 1.3 of the Contract stated that the Club was responsible for
processing visas in Thailand.
48. Additionally, the Chamber observed that the Player’s visa was first valid until 31 January
2024 and was then extended until 1 March 2024 and until 25 April 2024. In this sense,
regardless of whether the Contract ended on 27 April 2024, as stated by the Club, or on 30
April 2024 as argued by the Player, the visa was set to expire before the end of the Contract.
Thus, to complete his Contract in legal terms, the Player had no choice but to renew his
visa.
49. In this regard, the Club was contractually obliged to process visas and did not comply, since
the Player had to renew it on his own on the last day of validity. Therefore, as the Player
met his burden of proof and submitted evidence showing that he spent THB 1,900 to renew
his visa, the Chamber was of the opinion that the Club shall reimburse this amount with
the corresponding interest.
ii. Art. 12bis of the Regulations
50. 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.
51. To this end, the Chamber confirmed that the Player put the club in default of payment of
the amounts sought and granted the club a 10-day deadline to cure such breach of
contract. In this regard, the Chamber noted that, when the Player sent the notice of default,
the balance of the salary for February was owed for more than 30 days.
52. Accordingly, the Chamber confirmed that the Club had delayed a due payment without a
prima facie contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
53. 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 offence 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.
54. 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-14935
iii. Compliance with monetary decisions
55. 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.
56. 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.
57. 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.
58. 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.
59. 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
60. 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.
61. 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.
62. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 12
REF. FPSD-14935
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Hamed Bakhtiari, is partially accepted.
2.
The Respondent, KBFC, must pay to the Claimant the following amounts:
- THB 126,000 as outstanding remuneration plus interest p.a. as follows:
- 5% interest p.a. over the amount THB 36,000 of as from 6 March 2024 until the date of
effective payment;
- 5% interest p.a. over the amount THB 45,000 of as from 6 April 2024 until the date of
effective payment;
- 5% interest p.a. over the amount THB 45,000 of as from 30 April 2024 until the date of
effective payment.
- THB 121,899 as outstanding amount plus interest p.a. as follows:
- 5% interest p.a. over the amount THB 1,900 of as from 25 April 2024 until the date of
effective payment;
- 5% interest p.a. over the amount THB 119,999 of as from 8 June 2024 until the date of
effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A warning is imposed on the Respondent.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
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.
pg. 13
REF. FPSD-14935
7.
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 14
REF. FPSD-14935
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 – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 15