Labour Disputes
Texto da decisão
REF. FPSD-15213
Decision of the
Dispute Resolution Chamber
passed on 12 September 2024
regarding an employment-related dispute concerning the player
Haris Belkebla
COMPOSITION:
Clifford J. HENDEL (USA / France), Deputy Chairperson
André DOS SANTOS MEGALE (Brazil), Member
Johan VAN GAALEN (South Africa), Member
CLAIMANT:
Haris Belkebla, France
Represented by Arviol Pulaj
RESPONDENT:
Ohod, Saudi Arabia
Represented by Global Sport Consulting
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REF. FPSD-15213
I. Facts of the case
1.
On 11 September 2023, the French player Haris Belkebla (hereinafter, the Claimant or the Player)
and the Saudi club Ohod (hereinafter, the Respondent or the Club) concluded an employment
contract (hereinafter, the Contract) valid as from 11 September 2023 until 30 June 2025.
2.
Pursuant to Clause 5.1 of the Contract, the Club undertook to pay to the Player (hereinafter, jointly
referred to as the Parties) the following monthly salary payable by the end of each month:
• USD 25,000 net per month in 12 instalments from September 2023 to August 2024.
• USD 50,000 net per month in 10 instalments from September 2024 to June 2025. In case the Club
participated in the Saudi Super League, the Player’s monthly salary would be USD 90,000 net per
month.
3.
According to Clause 5.2 of the Contract, the Player was also entitled to receive a so-called “contract
provider” in the amount of USD 1,554,000 net in the following instalments:
• USD 420,000 net on 1 December 2023;
• USD 350,000 net on 1 March 2024;
• USD 434,000 net on 1 November 2024; and
• USD 350,000 net on 1 March 2025.
4.
On 5 March 2024, the Club issued a check in the amount of SAR 1,575,000, corresponding to the first
instalment of the “contract provider”.
5.
On 7 March 2024, the bank issued a slip of dishonored check for the following reasons: “Balance is
not sufficient”.
6.
On 16 April 2024, the Player put the Club in default requesting the payment of USD 420,000 and
USD 350,000, corresponding to the first and second instalments of the “contract provider”,
respectively, as well as USD 200,000, corresponding to the monthly salaries from September 2023
to April 2024 (USD 25,000 each).
7.
On 4 June 2024, the Player sent a new default notice to the Club requesting the payment of USD
23,665 as per the December 2023 salary, USD 25,000 as per the salaries from January to May 2024,
and USD 420,000 and USD 350,000, corresponding to the first and second instalments of the
“contract provider”, respectively. The Player granted the Club a deadline until 20 June 2024 to comply
with its financial obligations.
8.
On 16 June 2024, the Club informed the Player that the outstanding amounts would be paid on 7
July 2024.
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9.
On 18 June 2024, the Player replied that he would accept to delay the payment only if there were
real guarantees of the said payment, and insisted on the deadline granted on 4 June 2024.
10. Also on 18 June 2024, the Club informed the Player that it would provide him with a letter signed by
its CEO, and that the Player would be entitled to terminate the Contract if the payment was not
made on 7 July 2024.
11. On 20 June 2024, the Club issued a letter by way of which it informed the Player that the payment
would be made on 7 July 2024, that he had the right to stop attending the training sessions until full
payment, and that the Player would be entitled to terminate the Contract on 10 July 2024 in case the
payment was not received.
12. On 21 June 2024, the Player terminated the Contract.
13. Also on 21 June 2024, the Club asked the Player to wait until 5 July 2024 and to continue the next
season.
14. On 3 July 2024, the Club paid to the Player SAR 93,750.
15. On 17 July 2024, the Club paid to the Player SAR 281,250.
16. On 16 August 2024, the Player and the French club Angers SCO concluded an employment contract
valid until 30 June 2026. According to this new contract, the Player is entitled to receive a monthly
remuneration of EUR 50,000.
II. Proceedings before FIFA
17. On 12 July 2024, 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 Player
18. According to the Player, the Club failed to pay his remuneration as from December 2023.
19. The Player argued having just cause to terminate the Contract on 21 June 2024 under arts. 14 and
14bis of the Regulations. The Player sustained that the Club’s letter of 20 June 2024 did not provide
genuine guarantees, and thus he was entitled to disregard it.
20. The Player claimed being entitled to USD 935,331.67 as outstanding remuneration as well as to USD
1,333,166.67 as compensation for breach of contract.
21. The Player requested the following relief:
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“As a consequence of all the above, the Player is requesting the FIFA DRC to:
• Grant 935.331,67 USD as outstanding remuneration, plus 5% interest p.a. as follows:
- December 2023: 23.665 USD + 5% interest p.a. from 1 December 2023.
- January 2024: 25.000 USD + 5% interest p.a. from 1 January 2024.
- February 2024: 25.000 USD + 5% interest p.a. from 1 February 2024.
- March 2024: 25.000 USD + 5% interest p.a. from 1 March 2024.
- April 2024: 25.000 USD + 5% interest p.a. from 1 April 2024.
- May 2024: 25.000 USD + 5% interest p.a. from 1 May 2024.
- June 2024: 16,666.67 USD + 5% interest p.a. from 1 June 2024.
- Contract provider from 5.2, payment deadline 01-12-2023: 420,000 USD + 5% interest p.a. from 1
December 2023.
- Contract provider from 5.2, payment deadline 01-12-2023: 350,000 USD + 5% interest p.a. from 1
Mars 2024.
• Grant 1,333,166.67 USD as the residual value of the contract, plus 5% interest p.a. from 20 June 2024.
• Grant 150.000 USD as additional compensation.
• Impose sporting sanctions on the Club for its abusive behaviour”.
b. Position of the Respondent
22. In its reply, the Club did not dispute being in default with the Player. Nevertheless, it sustained that
the amount due as outstanding remuneration is USD 835,331 after the two payments made to the
Player on 3 and 17 July 2024.
23. The Club further argued that it failed to respect the Contract due to its financial difficulties.
24. The Club requested the following relief:
“We kindly request from the DRC:
1. To consider that total amount of the arrears of the player is 835.331 USD.
2. The amount of the compensation shall be mitigated by any new contract signed by the player”.
c.
Player’s comments on the alleged payments
25. Upon invitation of the FIFA general secretariat, the Player confirmed having received the two
payments informed by the Club. Nevertheless, the Player argued that the payments were received
in Saudi Ryals instead of US Dollars as contractually agreed.
26. The Player amended his request for relief as follows:
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REF. FPSD-15213
“As a consequence of all the above, the Player is requesting the FIFA DRC to:
• Grant 835.396,86 USD as outstanding remuneration, plus 5% interest p.a. as follows:
- December 2023: 23.665 USD + 5% interest p.a. from 1 December 2023.
- January 2024: 25.000 USD + 5% interest p.a. from 1 January 2024.
- February 2024: 25.000 USD + 5% interest p.a. from 1 February 2024.
- March 2024: 25.000 USD + 5% interest p.a. from 1 March 2024.
- April 2024: 25.000 USD + 5% interest p.a. from 1 April 2024.
- May 2024: 25.000 USD + 5% interest p.a. from 1 May 2024.
- June 2024: 16,666.67 USD + 5% interest p.a. from 1 June 2024.
- Contract provider from 5.2, payment deadline 01-12-2023: 420,000 USD + 5% interest p.a. from 1
December 2023.
- Contract provider from 5.2, payment deadline 01-12-2023: 350,000 USD + 5% interest p.a. from 1
Mars 2024.
• Grant 1,333,166.67 USD as the residual value of the contract, plus 5% interest p.a. from 20 June 2024.
• Grant 150.000 USD as additional compensation.
• Impose sporting sanctions on the Club for its abusive behaviour”.
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 the 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 12 July 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 a French player and a Saudi 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
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present claim was lodged on 12 July 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 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 assessing the matter at hand.
i. Main legal discussion and considerations
32. The Chamber then moved to the substance of the matter, and took note of the fact that the present
case concerns the termination of the employment relationship by the Player under art. 14bis of the
Regulations.
33. In this context, the Chamber acknowledged that it 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 whether the formal pre-requisites of art. 14bis of the Regulations had in fact been
fulfilled.
34. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in accordance with
which, if a club unlawfully fails to pay a player at least two monthly salaries on their due dates, the
player will be deemed to have a just cause to terminate his contract, provided that he has put the
debtor club in default in writing and has granted a deadline of at least 15 days for the debtor club
to fully comply with its financial obligation(s).
35. The Chamber noted that the Claimant claimed not having received his remuneration for the months
of December 2023 to June 2024, amounting to a total of USD 935,331.67 USD, neither the first two
instalments of the “contract provider”. Furthermore, the Chamber noted that the Claimant provided
written evidence of having put the Respondent in default on 4 June 2024, i.e., at least 15 days before
unilaterally terminating the Contract on 21 June 2024.
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REF. FPSD-15213
36. The Chamber also noted that in the case at hand the Club bore the burden of proving that it indeed
complied with the financial terms of the Contract concluded between the Parties. Nonetheless, the
Chamber observed that the Club did not dispute being in default for the outstanding amounts
claimed, but only that the amount due was USD 835,331 after the two payments on 3 and 17 July
2024.
37. Thus, the Chamber concluded that the Claimant had a just cause to unilaterally terminate the
contract, based on art. 14bis of the Regulations, and that the Respondent shall be held liable for the
consequences that follow.
ii. Consequences
38. Having stated the above, the members of the Chamber turned their attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
39. The Chamber observed that the outstanding remuneration at the time of termination, coupled with
the specific requests for relief of the Claimant, are equivalent to eight salaries under the Contract as
well as two instalments of the “contract provider” provided therein, amounting to USD 843,754 in
total, after having deducted the amounts paid by the Club after the termination of the Contract.
40. 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 the amounts which were
outstanding under the Contract at the moment of the termination, i.e. USD 843,754.
41. 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% per annum
on the outstanding amounts as from their due dates until the date of effective payment.
42. Having stated the above, the Chamber turned to the calculation of the amount of compensation
payable to the Player by the Club 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, and depending on whether the contractual breach falls within the
protected period.
43. In application of the relevant provision, the Chamber held that it first of all had to clarify 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.
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44. 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.
45. As a consequence, the Chamber determined that the amount of compensation payable by the
Respondent to the Claimant 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 nonexhaustive enumeration of criteria to be taken into consideration when calculating the amount of
compensation payable.
46. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded with the
calculation of the monies payable to the Player under the terms of the Contract until its term.
Consequently, the Chamber concluded that the amount of USD 1,334,000, calculated as follows,
serves as the basis for the determination of the amount of compensation for breach of contract:
• USD 50,000 per the months of July and August 2024 (i.e., USD 25,000 each);
• USD 500,000 per the period September 2024 – June 2025 (i.e., USD 50,000 times ten);
• USD 434,000 per the 3rd instalment of the “contract provider”; and
• USD 350,000 per the 4th instalment of the “contract provider”.
47. In continuation, the Chamber verified whether the Player had signed an employment contract with
another club during the relevant period of time, by means of which he would have been enabled to
reduce his loss of income. According to the constant practice of the Chamber as well as art. 17 par.
1 lit. ii) of the Regulations, such remuneration under a new employment contract shall be taken into
account in the calculation of the amount of compensation for breach of contract in connection with
the player’s general obligation to mitigate his damages.
48. Indeed, the Player found new employment with the French club Angers SCO. In accordance with the
pertinent employment contract, the Player is entitled to EUR 50,000 per month. Therefore, the
Chamber concluded that the Player mitigated his damages in the total amount of EUR 550,000, that
is, EUR 50,000 times 11, which corresponds to USD 589,732 at the day of termination.
49. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to which a
player is entitled to an amount corresponding to three monthly salaries as additional compensation,
should the termination of the employment contract at stake be due to overdue payables. In the case
at hand, the Chamber confirmed that the contract termination took place due to said reason, i.e.
overdue payables by the Club, and therefore decided that the Player shall receive additional
compensation.
50. In this respect, the Chamber decided to award the amount of additional compensation of USD
75,000, i.e., USD 25,000 times three as the monthly remuneration of the Player. For the sake of
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completeness, the Chamber wished to clarify that, for this purpose, it took into account the Player’s
monthly remuneration at the time of termination.
51. Consequently, on account of all the above-mentioned considerations and the specificities of the
case at hand, the Chamber decided that the Club must pay the amount of USD 819,268 to the Player
(i.e. USD 1,334,000 minus USD 589,732 plus USD 75,000), which was to be considered a reasonable
and justified amount of compensation for breach of contract in the present matter.
52. Lastly, taking into consideration the Player’s request as well as the constant practice of the Chamber
in this regard, the latter decided to award the Player interest on said compensation at the rate of
5% per annum as of 22 June 2024 until the date of effective payment.
iii. Compliance with monetary decisions
53. 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.
54. 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.
55. 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.
56. 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.
57. 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
58. 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.
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59. 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.
60. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made by any of
the Parties.
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REF. FPSD-15213
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Haris Belkebla, is partially accepted.
2.
The Respondent, Ohod, must pay to the Claimant the following amount(s):
USD 843,754 as outstanding remuneration plus 5% interest per annum as follows:
- 5% interest p.a. over the amount of USD 320,089 as from 2 December 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 23,665 as from 1 January 2024 until the date of effective
payment;
- 5% interest p.a. over the amount of USD 25,000 as from 1 February 2024 until the date of effective
payment;
- 5% interest p.a. over the amount of USD 25,000 as from 1 March 2024 until the date of effective
payment;
- 5% interest p.a. over the amount of USD 350,000 as from 2 March 2024 until the date of effective
payment;
- 5% interest p.a. over the amount of USD 25,000 as from 1 April 2024 until the date of effective
payment;
- 5% interest p.a. over the amount of USD 25,000 as from 1 May 2024 until the date of effective
payment;
- 5% interest p.a. over the amount of USD 25,000 as from 1 June 2024 until the date of effective
payment; and
- 5% interest p.a. over the amount of USD 25,000 as from 22 June 2024 until the date of effective
payment.
USD 819,268 as compensation for breach of contract without just cause plus 5% interest per
annum as from 22 June 2024 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.
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7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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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
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