Labour Disputes
Texto da decisão
Decis ion of the
Dis pute Res olution Cham ber (DRC) judge
passed on 5 May 2020,
by Pav el Piv ov arov (Russia), DRC judge
on the claim presented by the player,
Jeronim o Jorge Barrales , Argentina
represented by Mr Santiago San Torcuato
as Claimant
against the club,
PAS LAMIA 1964 FC, Greece
as Respondent
regarding an employment-related dispute
between the parties
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I.
Facts of the cas e
1.
On 7 August 2018, the Argentinian player, Jeronimo Jorge Barrales (hereinafter: the
Claimant or the player) and the Greek club, PAS LAMIA 1964 FC (hereinafter: the
Respondent or the club) concluded an employment contract (hereinafter: the contract),
valid as from the date of signature until 30 June 2019.
2.
According to clause 4.1. of the contract, the club committed itself to pay to the player a
monthly salary of EUR 720, payable at the end of each month. Furthermore, the player
was also entitled to receive an extraordinary remuneration, as follows:
a) A Christmas bonus of EUR 720;
b) An Easter bonus of EUR 360;
c) A holiday bonus of EUR 360.
3.
Additionally, clause 4.2. of the contract also stipulated that should the Claimant scored
or assisted 10 goals in official matches, he would be entitled to receive a bonus of EUR
10,000 (hereinafter: the performance bonus).
4.
On 17 November 2019, the player put the club in default of payment of EUR 12,160,
corresponding to the performance bonus as well as three monthly salaries for April, May
and June 2019. The player granted the club a 13 days’ deadline to remedy the default,
i.e. until 30 November 2019.
5.
As per the Claimant, on an unspecified date, the Respondent paid to the Claimant the
amount of EUR 302.48.
6.
Subsequently, on 23 December 2019, the player lodged a claim against the club,
requesting the total amount of EUR 11,857.52, plus 5% interest p.a. as from the due
dates, broken down as follows:
-
EUR 417,52, corresponding to the remainder of the monthly salary for April
2019;
EUR 720, corresponding to the monthly salary for May 2019;
EUR 720, corresponding to the monthly salary for June 2019;
EUR 10,000, corresponding to the performance bonus stipulated under clause
4.2. of the contract.
7.
In his claim, the player explained that the club failed to comply with its financial
obligations by not paying the performance bonus along with 3 monthly salaries.
8.
Furthermore, with regard to the performance bonus claimed, the Claimant presented
evidence that he scored 9 goals and assisted 1 goal during the 2018/2019 season.
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9.
In its reply to the claim, the club maintained having settled its debt by paying to the
Claimant the amount of EUR 8,000. In support of its statements, the Respondent provided
an evidence of payment of EUR 8,000, dated 3 February 2020.
10.
As regards the remaining amount, i.e. EUR 3,857.52, the Respondent sustained that “the
amount claimed by the player […] relates to gross earnings (not net / bank receipts are
attached), so with the deposit above the Club has fully settled the claim of the player”.
In support of its statements, the Respondent provided three untranslated bank receipts
amounting to EUR 1,585.78.
11.
In continuation, on 25 February 2020, by means of an unsolicited correspondence, the
Claimant acknowledged having received the amount of EUR 8,000 (cf. point I.9. above).
12.
Notwithstanding the above, the Claimant sustained that the amount of EUR 3,857.52
remained outstanding to him.
II.
Cons iderations of the Dispute Resolution Chamber (DRC) judge
1.
First of all, the Dispute Resolution Chamber judge (hereinafter: the DRC Judge) analysed
whether he was competent to deal with the case at hand. In this respect, he referred to
the wording of art. 21 of the 2019 edition of the Rules Governing the Procedures of the
Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the
Procedural Rules) as well as to the fact that the present matter was submitted to FIFA on
23 December 2019 and decided on 5 May 2020. Therefore, the DRC Judge concluded that
the 2019 edition of the Procedural Rules is applicable to the matter at hand.
2.
Furthermore, 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, and considering that the
present claim was lodged on 23 December 2019, the October 2019 edition of said
regulations (hereinafter: Regulations) is applicable to the matter at hand as to the
substance.
3.
Subsequently, the DRC Judge referred to art. 3 par. 1 and 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, he is competent to adjudicate on the present employment-related
dispute between an Argentinian player and a Greek club.
4.
His competence and the applicable regulations having been established, the DRC Judge
entered into the substance of the matter, by acknowledging the above-mentioned facts
as well as the documentation contained in the file in relation to the substance of the
matter. However, the DRC Judge emphasised that in the following considerations he will
Player Jeronimo Jorge Barrales, Argentina / Club PAS LAMIA 1964 FC, Greece
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refer only to the facts, arguments and documentary evidence which he considered
pertinent for the assessment of the matter at hand.
5.
In this respect, the DRC Judge recalled that the player and the club concluded an
employment contract valid as from 7 August 2018 until 30 June 2019, according to which
the player was entitled to a monthly salary in the amount of EUR 720 and a performance
bonus of EUR 10,000 (cf. points I.2. and I.3. above).
6.
The DRC Judge noted that the player, on 17 November 2019, put the club in default of
payment of EUR 12,160.
7.
Subsequently, the DRC Judge further observed that, after having put the club in default,
the Claimant acknowledged having received the amount of EUR 302.48.
8.
In this context, according to the Claimant’s claim, the DRC Judge noted that the Claimant
alleged that the Respondent had failed to pay the outstanding amount of EUR 11,857.52.
9.
Equally, the DRC Judge took note of the fact that the Respondent, for its part, maintained
having paid to the player the amount of EUR 8,000. Furthermore, the club alleged that
“the amount claimed by the player […] relates to gross earnings (not net / bank receipts
are attached). As a consequence thereof, the club concluded that it fulfilled all its
contractual obligations towards the player.
10.
In continuation, the DRC Judge further noted that the Claimant confirmed having
received the amount of EUR 8,000, but he insisted in the continuation of the proceedings
as he deemed that the Respondent still owed him the amount of EUR 3,857.52.
11.
With due consideration to the above, the DRC Judge highlighted that the underlying
issue in this dispute was to determine whether the financial entitlements of the player
were payable net or gross.
12.
In this respect, the DRC Judge pointed out that the contract established an amount of
remuneration payable to the Claimant, without making any reference as to whether such
amount should be considered net or gross. In order to preserve the good faith of the
Claimant when signing the contract, and in the absence of any evidence to the contrary,
the DRC Judge concluded that the amount therein is to be considered as net.
13.
Moreover, as regards the bank receipts provided by the Respondent, the DRC Judge
further observed that none of those evidences indicated that the Respondent should
withhold and deduct taxes from the Claimant’s remuneration.
14.
On account of the above, the DRC Judge established that the Respondent’s explanations
as regards the gross amount of the Claimant’s remuneration should not be upheld.
Player Jeronimo Jorge Barrales, Argentina / Club PAS LAMIA 1964 FC, Greece
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15.
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 EUR
3,857.52 corresponding to the outstanding remuneration for April to June 2019, i.e. EUR
1,857.52, as well as the remainder of the performance bonus, i.e. EUR 2,000.
16.
In view of the above, and in accordance with the principle of pacta sunt servanda, the
DRC Judge determined that the club has to pay to the player the total amount of EUR
3,857.52 as outstanding remuneration.
17.
In addition, taking into account the Claimant’s request as well as the constant practice of
the DRC Judge in this regard, the Chamber decided that the Respondent must pay to the
Claimant interest of 5% p.a. on the aforementioned amount as of the date of claim, i.e.
23 December 2019, until the date of effective payment.
18.
Furthermore, taking into account the consideration under number II.2. above, the DRC
Judge referred to par. 1 and 2 of art. 24bis 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 amount of outstanding
remuneration.
19.
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 amount is paid and
for the maximum duration of three entire and consecutive registration periods.
20.
Therefore, bearing in mind the above, the DRC Judge decided that, in the event that the
Respondent does not pay the amount 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.
21.
The DRC Judge recalled that the above-mentioned ban will be lifted immediately and
prior to its complete serving upon payment of the due amount, in accordance with art.
24bis par. 3 of the Regulations.
22.
The DRC Judge concluded his deliberations in the present matter by establishing that any
further claims lodged by the player are rejected.
***
Player Jeronimo Jorge Barrales, Argentina / Club PAS LAMIA 1964 FC, Greece
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III. Decision of the Dis pute Res olution Cham ber (DRC) Judge
1.
The claim of the Claimant, Jeronimo Jorge Barrales, is partially accepted.
2.
The Respondent, PAS LAMIA 1964 FC, has to pay the Claimant EUR 3,857.52, plus interest
at the rate of 5% p.a. as from 23 December 2019 until the date of effective payment.
3.
Any further claim lodged by the Claimant is rejected.
4.
The Claimant is directed to inform the Respondent, immediately and directly, preferably
to the e-mail address as indicated on the cover letter of the present decision, of the
relevant bank account to which the Respondent must pay the amount plus interest
mentioned under point III.2. above.
5.
The Respondent shall provide evidence of payment of the due amount plus interest in
accordance with point III.2. above to FIFA to the e-mail address [email protected], duly
translated into one of the official FIFA languages (English, French, German, Spanish).
6.
In the event that the amount plus interest due in accordance with point III.2. 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 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
(cf. art. 24bis of the Regulations on the Status and Transfer of Players).
7.
The ban mentioned in point III.6. above will be lifted immediately and prior to its
complete serving, once the due amounts plus interest are paid.
Player Jeronimo Jorge Barrales, Argentina / Club PAS LAMIA 1964 FC, Greece
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8.
In the event that the aforementioned sum plus interest 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 FIFA’s Disciplinary Committee for consideration and a formal
decision.
***
Note related to the publication:
The FIFA administration may publish decisions issued by the Players’ Status Committee or the
Dispute Resolution Chamber. Where such decisions contain confidential information, 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 Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber).
Note relating to the m otiv ated decision (legal remedy):
According to art. 58 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 (CAS)
Avenue de Beaumont 2
CH-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 (DRC) Judge:
Emilio García Silvero
Chief Legal & Compliance Officer
Player Jeronimo Jorge Barrales, Argentina / Club PAS LAMIA 1964 FC, Greece
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