Labour Disputes
Texto da decisão
REF FPSD-5842
Decision of the
Dispute Resolution Chamber
passed on 7 July 2022
regarding an employment-related dispute concerning the player Ouday Belhaj
BY:
Frans DE WEGER (The Netherlands), Chairperson
José Luis ANDRADE (Portugal), member
Peter LUKASEK (Slovakia), member
CLAIMANT:
Sportif Hammam Lif, Tunisia
RESPONDENT 1:
Ouday Belhaj, Tunisia
RESPONDENT 2:
Club Ohod, Saudi Arabia
REF FPSD-5842
I Facts
1. On 14 August 2018, the club Sportif Hammam Lif and Ouday Belhaj (born on 17 July 1993)
concluded an employment contract valid as from 18 June 2018 until 30 June 2023.
2. According to art. 3 of the contract, the player was entitled to the following monthly salary:
Free translation into English :
(1,200 D) points for the first season (2018-2019);
(1,500 D) points for the first season (2019-2020);
(1,800 D) points for the first season (2020-2021);
(2,000 D) points for the first season (2021-2022);
(2,500 D) points for the first season (2022-2023);
3. Art. 3 par 3 of the contract stipulated the following:
« 3° / - Une prime de rendement fixée d'un commun accord entre les 2 parties et dont la valeur
maximale de base est de .......... dinars par saison, et dont le montant final est tributaire du nombre
total des matchs officiels joués par le club et le nombre de matchs auxquels a participé le joueur.
Cette prime est payable en 4 parts à la fin de chaque trimestre et ce conformément aux dispositions
de l'annexe de la règlementation du football professionnel relatif aux salaires et primes adopté par le
Conseil Fédéral tenu à Tunis le 22/06/2003. »
Free translation into English :
"A performance bonus fixed by mutual agreement between the two parties and whose maximum basic
value is .......... dinars per season, and whose final amount depends on the total number of official
matches played by the club and the number of matches in which the player has participated.
This bonus is payable in 4 parts at the end of each quarter and this in accordance with the provisions
of the annex of the professional football regulations relating to salaries and bonuses adopted by the
Federal Council held in Tunis on 22/06/2003.
4. The contract stipulated that “the value of the point is equal to 3 times the hourly minimum wage
fixed on 1 July of the current season and is valid during the whole season.”
5. In addition, clause 3 par. 5 of the contract stipulated that the player was entitled to a “prime de
rendement” as follows (note: handwritten in the contract):
2018-2019: TND 15,000
2019-2020: TND 18,000
2020-2021: TND 20,000
2021-2022: TND 25,000
2022-2023: TND 30,000
6. On 8 June 2021 the player, via his legal representative, sent a letter referred to as “préavis de
résiliation unilateral hors période protégée” noting the following:
REF FPSD-5842
« 2. Le joueur OUDAY BELHADJ a conclu un contrat de travail avec votre honorable club pour une durée
de 5 ans allant du 14 Aout 2018 au 30 Juin 2023 tel qu’expressément détaillé par l’article 2 du « contrat
joueur professionnel » N° 0348.
3. Le règlement du statut et transfert des joueurs (FIFA) octroie au joueur la possibilité de résilier son
contrat unilatéralement avant le terme sans aucune disposition ou sanction disciplinaire et ce en
respectant deux conditions cumulatives en vertu de l’article 17-3 du règlement du statut et transfert
des joueurs (RSTJ):
• Résiliation après la période protégée (dans le cas actuelle la période protégée est de trois saisons). •
Préavis de résiliation notifiée dans les quinze jours suivant le dernier match officiel de la saison (y
compris les coupes nationales) du club auprès duquel le joueur est enregistré.́
4. La même disposition est prévue par l’article 41 du règlement de football professionnel de la
Fédération Tunisienne de Football (FTF).
5. Le dernier match officiel du club pour le compte de la saison sportive 2020/2021 s’est déroulé le 26
Mai 2021.
6. De ce qui précède, nous vous notifions par la présente ce préavis de résiliation unilatérale du contrat
« contrat de joueur professionnel » N° 0348 conclu entre le joueur OUDAY BELHAJ et le Club Sportif de
Hammam-Lif (CSHL) en application de l’article 17-3 règlement du statut et transfert des joueurs (FIFA)
et de l’article 41 règlement de football professionnel de la Fédération Tunisienne de Football (FTF).Cette
résiliation prendra effet dès le 1 Juillet 2021.
7. Le joueur, s’engage à payer l’indemnité de résiliation et nous seront à votre écoute pour discuter une
compensation conventionnelle. »
Free translation into English :
" 2. The player OUDAY BELHADJ has concluded a work contract with your honourable club for a period
of 5 years from August 14, 2018 to June 30, 2023 as expressly detailed in article 2 of the "professional
player contract" N° 0348.
3. The FIFA Players' Status and Transfer Regulations (RSTJ) grants the player the possibility to
unilaterally terminate his contract before the end of the term without any disciplinary provisions or
sanctions, provided that two cumulative conditions are met in accordance with article 17-3 of the RSTJ:
- Termination after the protected period (in the current case the protected period is three seasons).
- Notice of termination notified within fifteen days of the last official match of the season (including
national cups) of the club with which the player is registered.́
4. The same provision is provided for in Article 41 of the professional football regulations of the Tunisian
Football Federation (FTF).
5. The last official match of the club for the 2020/2021 sports season took place on 26 May 2021.
6. From the above, we hereby notify you of this notice of unilateral termination of the "professional
player contract" N° 0348 concluded between the player OUDAY BELHAJ and the Club Sportif de
Hammam-Lif (CSHL) in application of article 17-3 regulation of the status and transfer of players (FIFA)
and article 41 regulation of professional football of the Tunisian Football Federation (FTF). This
termination will take effect as from July 1st 2021.
7. The player undertakes to pay the compensation for the termination and we will be at your disposal
to discuss a conventional compensation.”
7. On 22 July 2021, the player and the Saudi Arabian club, Club Ohod (also referred to as Respondent
2) concluded an employment contract valid as from the date of signature until 21 June 2022.
8. Accordingly, the player was entitled to a monthly salary of USD 5,454, as well as to a payment of
USD 30,000 due on 30 July 2021.
9. On 6 September 2021, the Single Judge of the Players’ Status Committee decided to allow the
provisional registration of the player for Ohod, “without prejudice to any possible decision from the
FIFA Dispute Resolution Chamber (DRC) and/or the competent deciding body on the substance of the
REF FPSD-5842
potential or existing contractual dispute between the player and his former club (as well as his new
club).”
10. On 15 April 2022, the legal representative of Sportif Hammam Lif sent a letter to the player and
to Ohod El Medina noting that it considered the player’s termination as a breach of contract
without just cause, and requested the payment by both recipients of the following amounts:
Compensation for breach of contract without just cause set at EUR 70,000.
Compensation for the inducement to breach his contract of employment without just cause
set in the amount of EUR 175,000.
In particular, said letter indicated that “it is therefore obvious that Ohod incited the player to
terminate his contract WITHOUT JUST CAUSE, in order to be able to sign him for free and to deprive the
Club Sportif d'Hammam-Lif of a transfer compensation.”
11. On 21 April 2022, Club Ohod replied as follows:
“we strongly reject all your accusations and allegations regarding any involvement of our club in any
eventual termination of the contract by the player .
The player was presented to the Club as a free player and the club did not have any negotiation with
him before that he terminated his contract with your club out of protected period .
Accordingly, if there is any matter it will be between your club and the player as an internal matter due
to the fact that you are from the same nationality.”
12. On 26 April 2022, Sportif Hammam Lif lodged a claim before FIFA for breach of contract without
just cause and requested the following:
- To consider the contract as having been terminated without just cause by the Player on 8 August
2021;
- EUR 70,000 as compensation to be jointly paid by the Player and Club Ohod, plus interest at 5%
per annum from the date of the breach of contract, further detailed as follows:
EUR 35,000 as “an amount equivalent to the remaining duration of the contract binding the
player to the club and the various bonuses”,
EUR 35,000 as “a lump sum compensation for the abusive termination of the contract made
during the contractual period, which amounts to the equivalent of two years' salary”.
- EUR 175,000 as compensation to be paid by Club Ohod following the inducement of the Player
to terminate his contract without just cause, and corresponding to the estimated market value of
the player.
- To impose sanctions on Club Ohod.
13. The Claimant considered that it is undisputable that the player terminated the contract without
just cause on 8 June 2021.
14. The Claimant considered that Club Ohod induced the player to terminate the contract as it wished
to avoid to pay his transfer fee in the estimated amount of EUR 175,000 (according to
Transfermarkt, https://www.transfermarkt.fr/ouday-belhaj/profil/spieler/610535)
15. The Claimant further explained that when it concluded a contract with the player, he used to be
a futsal player.
16. Thus, the club explained that it invested a lot in the training and development of a former futsal
player. As a result, the club requested to consider this aspect as to the payable compensation.
17. On 20 May 2022, the player replied to the claim.
REF FPSD-5842
18. In its reply to the claim, the player argued that the employment contract which is the subject of
this dispute is a contract between two Tunisian parties and all the amounts included in the
contract are denominated in Tunisian dinars.
19. Therefore, the player disagreed that the claimant has converted the amounts into EUR when they
should be denominated in TND only.
20. According to the player, the club failed to pay his remuneration as agreed, and he noted that he
only received 30.14% of his total remuneration.
21. The player stated that the club owes him the following amounts:
- Sports season 2018/2019 :
- Signing bonus: 15000 Tunisian Dinars
- Salaries for the months of January, February, March, April, May and June 2019: 6000 Tunisian
Dinars
- Sports season 2019/2020 :
- Performance bonus: 18000 Tunisian Dinars
- Salaries for the months of February, March, April, May and June 2020: 7500 Tunisian Dinars
- Sports season 2020/2021 :
- Performance bonus: 20000 Tunisian Dinars
- Salaries for the months of November and December 2020 and January, February, March, April,
May and June 2021: 14400 Tunisian Dinars.
22. As a result, the player requested the following:
A/ Reject the demands of Hammam-Lif sports club.
B/ Order Hammam-Lif sports club to pay the outstanding amount of TND 80,900.
C/ Consider the professional player contract concluded between the player and the club as
unilaterally terminated by the player with just cause.
D/ to order the club to pay a compensation for termination of the contract equal to TND 103,000.
23. In its reply, Club Ohod denied any inducement of the player to terminate his contract with his
former club.
24. Ohod argued that it signed with the player as a free player after entering in negotiation with him
and his agent after more than 40 days of the termination his contract with Club Sportif Hammam
Lif, Tunisia.
25. According to Ohod, whether the termination was made for a legitimate cause or not by the player,
“its important to add that the termination of the contract was made after the protected period.”
26. In his replica, the Claimant considered that, due to the international nature of the matter, is “free
to choose the currency”.
27. However, the Claimant wished to reformulate his claim as follows:
- To order the Player and Club Ohod to jointly and severally to pay the sum of 210,000 TND,
equivalent in Euros to the sum of 63,636 EUR or its equivalent in equivalent in USD as
compensation, plus interest at 5% per annum from the date of the breach of contract contractual
breach;
REF FPSD-5842
- To order Club Ohod to pay the sum of “TND 577.5” equivalent to the sum of 175,000 EUR or its
equivalent in US Dollars as compensation following the incitement of the player to player to
terminate his contract without just cause;
28. The Claimant underlined that the notice of termination without just cause contains no mention
of the outstanding payments alleged by the player.
29. In its duplica, the Respondent insisted that he only received 30.14% of his remuneration.
30. Accordingly, the player considered that the club’s breach justified a termination without prior
notice.
31. The player underlined in this respect that “the DRC has consistently held that in the event of serious
contractual default, notice contractual default, notice is no longer required and termination may be
direct.”
32. The player further explained that the regulations of professional football in Tunisia in force at the
time of the events did not provide for the sending of a default notice, insofar this should be done
by the Tunisian Dispute Settlement Commission.
33. In view of the above, the player insisted to be paid with outstanding amounts in the sum of TND
80,900, as well as compensation in the amount of TND 103,000.
34. In its duplica, Club Ohod wished to reiterate that it did not induce the player to terminate the
contract.
35. Club Ohod attached a statement from “Me Dhaker Louati – Tunisian agent” stating that it only
entered into negotiations after a long time.
36. In the alternative, Club Ohod considered that the performance bonus cannot be calculated into
the compensation as it cannot be considered as a fixed amount. The club referred to point 3 of
the contract.
REF FPSD-5842
II Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as the Chamber) 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 26 April 2022 and submitted for decision on 7 July 2022. Taking into
account the wording of art. 34 of the June 2022 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.
2. Subsequently, the Chamber referred to art. 2 par. 1 and art. 24 par. 1 lit. a) of the Procedural Rules
and observed that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. a) of the
Regulations on the Status and Transfer of Players (June 2022 edition), it is competent to deal with the
matter at stake, which concerns a dispute in relation to the maintenance of the contractual stability
where there has been an ITC request and a claim from an interested party in relation to said ITC
request (TMS Transfer reference: 414415).
3. 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 2022 edition), and considering that the present claim was
lodged on 26 April 2022, the March 2022 edition of said regulations (hereinafter: the Regulations) is
applicable to the matter at hand as to the substance.
b. Burden of proof
4. 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
5. 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 abovementioned 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
6. The Chamber first noted that, on 14 August 2018, the club Sportif Hammam Lif and the player Ouday
Belhaj (born on 17 July 1993) concluded an employment contract valid as from 18 June 2018 until 30
June 2023.
7. Subsequently, the Chamber observed that, the Sportif Hammam Lif lodged a claim before FIFA against
Mr Ouday Belhaj, arguing that, on 8 June 2021, the player terminated his contract (cf. point I 6 above)
without just cause, effective as from 1 July 2021.
REF FPSD-5842
8. On the other hand, the Chamber noted that the player did not deny the contents of his letter of 8 June
2021, but argued that Sportif Hammam Lif significantly failed to pay him his remuneration, as he only
received 30.14% of the agreed financial terms of the contract.
9. In view of the above, the Chamber understood that the main legal issue at stake is to determine
whether the player terminated the contract with Sportif Hammam Lif with or without just cause.
10.In this respect, the Chamber observed that it is uncontroverted that the player terminated the
contract on 8 June 2021 (effective as from 1 July 2021) referring to art. 17 par 3 of the Regulations,
insofar the protected period expired.
11.On this note, the Chamber observed that the player was born on 17 July 1993. Accordingly, since the
concluded the contract on 14 August 2018, the protected period of 3 years would expire on 30 June
2021, which corresponds to the end of the season in accordance with the information contained in
the TMS – see “Definition 7” of the Regulations (“a period of three entire seasons or three years, whichever
comes first, following the entry into force of a contract, where such contract is concluded prior to the 28th
birthday of the professional, or two entire seasons or two years, whichever comes first, following the entry
into force of a contract, where such contract is concluded after the 28th birthday of the professional.”). In
this regard, the Chamber noted that the termination of the contract would have only entered into
force on 1 July 2021, i.e. after the end of the protected period.
12.The Chamber then wished to refer to art. 17 par. 1 of the Regulations, which establishes that “in all
cases, the party in breach shall pay compensation.” (underline added). Moreover, art. 17 par. 4 of the
Regulations establish that “in addition to the obligation to pay compensation, sporting sanctions shall be
imposed on any club found to be in breach of contract or found to be inducing a breach of contract during
the protected period.”
13.In view of the above, the Chamber emphasized that the concurrence or not of the protected period is
not relevant to establish if the contract at stake was terminated with or without just cause. In this
specific matter, the termination after the end of the protected period would only concern the
imposition or not of potential sporting sanctions, but it does not alter in any case the obligation to pay
compensation by the party in breach to the counterparty.
14.Consequently, by only referring to the alleged expiration of the protected period, the player
terminated the contract on 8 June 2021 without just cause, and therefore he shall pay compensation
to Sportif Hammam Lif.
15.Moreover, the Chamber also took note that in its reply to the claim, that the player expressed that the
club owed him a significant part of his remuneration. However, in accordance with the principles of
bona fide and also with the mandate of the Regulations to protect the principle of contractual stability
between professionals and clubs, the Chamber considered that, if that was the case, the player should
have previously warned the club about said circumstance. Yet, the Chamber observed that this was
not the case, insofar the player did not mention this circumstance as one of his reasons to terminate
the contract.
16.In fact, the Chamber also noted that, in his termination letter, the player even committed “to pay the
compensation for the termination” (“Le joueur, s’engage à payer l’indemnité de résiliation et nous seront à
votre écoute pour discuter une compensation conventionnelle.”). In the opinion of the Chamber, this
sentence serves as an indication that that the player implicitly acknowledged that the termination of
the contract was without just cause.
REF FPSD-5842
ii. Consequences
17.Having stated the above, the Chamber turned to the calculation of the amount of compensation
payable to the club by the player in the case at stake. In doing so, the Chamber firstly recapitulated
that, in accordance with art. 17 par. 1 of the Regulations, the amount of compensation shall be
calculated, in particular and unless otherwise provided for in the contract at the basis of the dispute,
with due consideration for the law of the country concerned, the specificity of sport and further
objective criteria, including in particular, the remuneration and other benefits due to the player under
the existing contract and/or the new contract, the time remaining on the existing contract up to a
maximum of five years, the fees and expenses paid or incurred by the former club (amortised over
the term of the contract) and depending on whether the contractual breach falls within the protected
period.
18.In application of the relevant provision, the Chamber held that it first of all had to clarify as to whether
the pertinent employment contract contained a provision by means of which the parties had
beforehand agreed upon an amount of compensation payable by the contractual parties in the event
of breach of contract.
19.In this regard, the Chamber established that no such compensation clause was included in the
employment contract at the basis of the matter at stake.
20.As a consequence, the Chamber determined that the amount of compensation payable by the player
to the club had to be assessed in application of the other parameters set out in art. 17 par. 1 of the
Regulations. The Chamber recalled that said provision provides for a non-exhaustive enumeration of
criteria to be taken into consideration when calculating the amount of compensation payable.
21.Bearing in mind the foregoing as well as the claim of the club, the Chamber proceeded with the
calculation of the monies payable to the player under the terms of the contract until its term.
22.The Chamber first noted that the contract with Sportif Hammam Lif would still last for 25 months, i.e.
from June 2021 until 30 June 2023, and that he would earn the following amounts:
- TND 1,800 for the month of June 2021,
- TND 2,000 per month from July 2021 to June 2022, i.e. TND 24,000 = TND 2,000*12
- TND 2,500 per month from July 2022 to June 2023, i.e. TND 30,000 = TND 2,500*12.
Subtotal (salaries): TND 55,800.
23.In addition, the Chamber further noted that the player was entitled to a “prime de rendement”, which
would be paid as follows:
TND 5,000 due on 30 June 2021
Season 2021-2022: TND 25,000
Season 2022-2023: TND 30,000
Subtotal 60,000 (prime de rendement)
24.Consequently, the Chamber concluded that the amount of TND 115,800 (i.e. i.e. TND 55,800 + TND
60,000) serves as the basis for the determination of the amount of compensation for breach of
contract.
25.In continuation, the Chamber highlighted to the constant practice as well as art. 17 par. 1 of the
Regulations, such remuneration under a new employment contract shall be taken into account in the
REF FPSD-5842
calculation of the amount of compensation for breach of contract due by a player to his former club.
In particular, the Chamber explained that its standard practice is to calculate the average between the
player’s remuneration with his former club and his remuneration with the new club, for the exact
same period of time comprised between the early termination of the employment contract with the
old club and the original expiry date of such contract. In case substantial evidence thereof is provided
by the club, the Chamber might additionally grant the damaged club the non-amortised transfer fee
paid for the player in breach and/or the actual costs incurred by the damaged club in order to replace
the leaving player.
26.Indeed, in accordance with the employment contract with Club Ohod, which was valid as from 22 July
2021 until 21 June 2022, the player was entitled to a monthly salary of USD 5,454, as well as to a
payment of USD 30,000 due on 30 July 2021. Therefore, the Chamber established that said contract
can be value in the amount of 12*5,454 + 30,000 = USD 95,448, which is equivalent to approx.. TND
290,000)
27.Thus, the Chamber concluded that between the date of early termination of the player’s contract with
his former club and its original expiry date, the average between his remuneration with the former
club and his current remuneration amounts to TND 209,200 (i.e. TND 115,800 + TND 290,000 / 2).
28.Consequently, the Chamber calculated that the payable compensation would be in the amount of
TND 209,200.
29.However, given the specificities of the matter at hand and particularly due to the existence of
significant outstanding salaries (as it will be established below), the Chamber agreed to reduce this
amount of payable compensation by 20%, i.e. to TND 167,360.
30.As a result, the Chamber established that the final due compensation amounts to TND 167,360, which
it deemed to be reasonable and in line with the applicable Regulations and jurisprudence.
31.Moreover, taking into consideration the club’s request as well as the constant practice of the Chamber
in this regard, the latter decided to award the club interest on said compensation at the rate of 5%
p.a. as of the date of claim until the date of effective payment.
32.The Chamber referred to art. 17 par. 2 of the Regulations. As a result, the Chamber established that
Club Ohod shall be jointly and severally liable for the payment of the aforementioned amount of
compensation.
33.In this regard, the Chamber wished to emphasize that the joint liability of the player’s new club is
independent of whether the new club has committed an inducement to contractual breach, and this
conclusion is in line with well-established jurisprudence of the DRC.
34.In addition, the Chamber also noted that, during the proceedings, the player requested the payment
of outstanding remuneration, as follows:
- Signing bonus 2018/2019: 15000 Tunisian Dinars
- Salaries for the months of January, February, March, April, May and June 2019:
6,000 Tunisian Dinars
- Sports season 2019/2020 :
- Performance bonus: 18000 Tunisian Dinars
- Salaries for the months of February, March, April, May and June 2020:
REF FPSD-5842
7,500 Tunisian Dinars
- Sports season 2020/2021 :
- Performance bonus: 20000 Tunisian Dinars
- Salaries for the months of November and December 2020 and January, February, March, April,
May and June 2021: 14,400 Tunisian Dinars.
35.In relation to said request, the Chamber observed that it was made by the player on 20 May 2022.
According to the Chamber, said request shall be construed as a claim for outstanding remuneration.
36.In this regard, the Chamber referred to art. 23 par. 3 of the Regulations, which stipulates that the
decision-making bodies of FIFA shall not hear any dispute if more than two years have elapsed since
the facts leading to the dispute arose. The application of this time limit shall be examined ex officio in
each individual case.
37.In this context, given that the claim for salaries was made in front of FIFA on 20 May 2022, in line with
art. 23 par. 3 of the Regulations, any amounts fallen due before 20 May 2022 are affected by the
statute of limitations.
38.The Chamber noted that, in the present case, the Claimant inter alia requested the payment of
amounts corresponding to the season 2018/2019. Consequently, the Chamber noted that the claim
for said salaries is fully time-barred.
39.In addition, the Chamber noted the following for the amounts claimed for the season 2019/2020:
TND 4,500 due on 30 September 2019 (time-barred)
TND 4,500 due on 31 December 2019 (time-barred)
TND 4,500 due on 31 March 2020 (time-barred)
TND 4,500 due on 30 June 2020 (within the statute of limitations).
40. The Chamber further noted that the player was entitled to a salary of TND 1,500 during the season
2019/2020, but given the statute of limitations, only the salaries due after 20 May 2022 can be
considered, i.e. the salaries payable for May and June 2020 (i.e. 1,500*2 ) TND 3,000).
41.As for the season 2020/2021, the Chamber observed that the player claimed TND 14,400, whereas he
was contractually entitled to TND 2,000 per month. The Chamber established that said amounts can
be attributed to the following months:
TND 400: October 2020 (remaining portion)
TND 2,000: November 2020
TND 2,000: December 2020
TND 2,000: January 2021
TND 2,000: February 2021
TND 2,000: March 2021
TND 2,000: April 2021
TND 2,000: May 2021
42.In relation to the claimed outstanding remuneration, the Chamber also took note of the position of
Sportif Hammam Lif, and observed that said club did not contest that said amounts were indeed
outstanding.
REF FPSD-5842
43.Consequently, in strict application of the principle of pacta sunt servanda, the Chamber established
that Sportif Hammam Lif has to pay to the player, the total outstanding amount of TND 21,900 (i.e.
4,500 + 3,000 + 14,400).
iii. Compliance with monetary decisions
44.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.
45.In this regard, the Chamber highlighted that, against players, the consequence of the failure to pay
the relevant amounts in due time shall consist of a restriction on playing in official matches up until
the due amounts are paid. The overall maximum duration of the restriction shall be of up to six
months.
46.Therefore, bearing in mind the above, the Chamber decided that the player must pay the full amount
due (including all applicable interest) to the club within 45 days of notification of the decision, failing
which, at the request of the creditor, a restriction on playing in official matches for the maximum
duration of six months shall become immediately effective on the player in accordance with art. 24
par. 2, 4, and 7 of the Regulations.
47.The Chamber 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.
48.In addition, and considering the fact that Sportif Hammam Lif also needs to pay outstanding
remuneration and that Club Ohod is furthermore jointly and severally liable for the payment of
compensation to the Tunisian club, the Chamber referred to art. 24 par. 1 and 2 of the Regulations,
which stipulate 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.
49.Therefore, bearing in mind the above, the Chamber decided that the involved clubs, i.e. Sportif
Hammam Lif and Club Ohod, must pay their respectively due amounts (including all applicable
interest) to the applicable counterparty within 45 days of notification of the decision, failing which, at
the request of the creditor, 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 club in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
50.All applicable debtors shall make full payment (including all applicable interest) to the bank account
provided by the relevant creditor in the Bank Account Registration Form.
51.The Chamber 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.
REF FPSD-5842
d. Costs
52.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.
53.Furthermore, 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.
54.Lastly, the Chamber concluded its deliberations by rejecting any other requests for relief made by any
of the parties.
REF FPSD-5842
III Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Sportif Hammam Lif, is partially accepted.
2.
The Respondent 1, Ouday Belhaj, has to pay to the Claimant, the amount of TND 167,360
as compensation for breach of contract without just cause plus 5% interest p.a. as from
26 April 2022 until the date of effective payment.
3.
The Respondent 2, Club Ohod, is jointly and severally liable for the payment of the
aforementioned amount.
4.
Any further claims of the Claimant are rejected.
5.
The counterclaim of the Respondent 1, Ouday Belhaj, is partially accepted.
6.
The Claimant, Sportif Hammam Lif, has to pay to Mr Ouday Belhaj, the amount of TND
21,900 as outstanding remuneration.
7.
Full payment (including all applicable interest) shall be made to the bank account indicated
by the relevant party in the Bank Account Registration Form. The creditor shall submit
evidence to FIFA of having submitted a completed Bank Account Registration Form to the
debtor.
8.
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.
2.
3.
4.
9.
The Respondent 1, Mr Ouday Belhaj, (cf. point 2 above) shall be imposed with a restriction on playing in official matches
up until the due amounts are paid. The overall maximum duration of the restriction shall be of up to six months on
playing in official matches.
The Respondent 2, Club Ohod, (cf. point 2 and 3 above) 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.
The Claimant (cf. point 6 above) 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.
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 applicable aforementioned periods.
The consequences shall only be enforced at the request of the party in accordance with
art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
10. This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
REF FPSD-5842
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).
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