Labour Disputes
Texto da decisão
REF 20-01593
Decision of the DRC Judge
passed on 25 February 2021
regarding an employment-related dispute concerning the player Sedat Berisha
BY:
Philippe Diallo (France), DRC Judge
CLAIMANT:
Sedat Berisha, North Macedonia
RESPONDENT:
Vllaznia Shkoder, Albania
Page 2 of 6
REF 20-01593
I.
Facts
1.
On 5 January 2018, the parties concluded an employment contract valid as from the date
of signature until 31 December 2018.
2.
Following the annex 1 of the contract, the player was entitled to the following:
“i. Monthly payment
a. The monthly payment value is 550.000 (five hundred and fifty thousand) ALL for the
period from 7 January 2018 to 31 May 2018, as well as the period from 1 August 2018
until 31 December 2018. By February 2018 the Player will take from the above amount
an advance payment of 800.000 (eight hundred thousand) ALL. The above amount shall
be deducted to the Player proportionally within the 10-month period of contract
extension from the net payment.
b. The monthly payment shall be made between the fifth and tenth day of each
subsequent month”
3.
On 7 June 2018, the Claimant sent a default notice to the Respondent, requesting the
payment of LEK 1,410,000.00 (one million four hundred ten thousand Albanian Lek)
gross, corresponding corresponds to the monthly salaries of March 2018, April 2018 and
May 2018.
4.
On 9 July 2018, the Claimant sent a termination letter to the Respondent indicating the
following:
“Despite of the notification of date 7 June 2018, through which I have requested to be
paid by your club with the monthly salaries of March 2018, April 2018 and May 2018, for
a total amount of LEK 1,410,000.00 gross, this request has not been fulfilled within the
given time limit of 30 (thirty) days. In the conditions of repeated violations without legal
grounds of the main contractual obligation by your club, I am being forced to take this
extreme decision, as the sole manner of guaranteeing my personal and patrimonial
rights.”
5.
On 19 July 2018, the Claimant submitted a claim in front of the Albanian Football
National Dispute Resolution Chamber.
6.
On 30 June 2018, the Albanian NDRC decided the following:
“1. Admissibility of the claim of the petitioner Sedat Berisha.
2. Termination of the Individual Employment Contract No. Prot. No. 4, dated 05. 01. 2018
unilaterally and by legal cause by the Petitioner.
3. Declaring the Petitioner as a free player and authorizing his further transfer to the
Albanian and/or foreign clubs.
4. The judicial expenses in the amount of 100.000 ALL shall be borne by the Football Club
"Vllaznia
(…)”
7.
On 5 November 2018, the Claimant sent a default notice to the Respondent requesting
the payment of ALL 1,410,00.
Page 3 of 6
REF 20-01593
8.
On 15 August 2020, the player concluded an employment contract with the Albanian
club, FK Tirana, valid as from the date of signature until 31 May 2019.
9.
On 30 October 2020, the Claimant lodged a claim for outstanding remuneration and
breach of contract without just cause and requested the payment of the following
amounts:
Outstanding remuneration:
ALL 470,000 as outstanding salary for March 2018, plus 5% interest p.a. as of 1 April
2018;
ALL 470,000 as outstanding salary for April 2018, plus 5% interest p.a. as of 1 May
2018;
ALL 470,000 as outstanding salary for May 2018, plus 5% interest p.a. as of 1 June
2018;
Compensation:
ALL 2,350,00, as compensation for breach of contract without just cause.
10. Despite being invited to do so, the Respondent failed to reply to the claim.
II. Considerations of the DRC Judge
1.
First of all, the DRC Judge (hereinafter referred to as the DRC Judge or the Judge)
analysed whether it was competent to deal with the matter at stake. Taking into account
art. 21 of the Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (hereinafter: the Procedural Rules), the January 2021 edition
of said rules is applicable to the matter at hand (cf. art. 21 of the Procedural Rules).
2.
Subsequently, the Judge referred to art. 3 par. 1 of the Procedural Rules and confirmed
that in accordance with art. 24 par. 1 and par. 2 in combination with art. 22 lit. b) of the
Regulations on the Status and Transfer of Players, the Dispute Resolution Chamber (DRC)
Judge shall adjudicate on employment-related disputes between a club and a player that
have an international dimension.
3.
As a consequence, the Dispute Resolution Chamber would, in principle, be competent to
decide on the present litigation involving a player from North Macedonia and a club from
Albania regarding a claim for compensation with a value in dispute of less than CHF
200,000.
4.
However, the Judge stressed on the content of art. 25 par. 5 of the Regulations on the
Status and Transfer of Players, which reads as follows:
“The Players’ Status Committee, the Dispute Resolution Chamber, the single judge or the
DRC judge (as the case may be) shall not hear any case subject to these regulations if
more than two years have elapsed since the event giving rise to the dispute. Application
of this time limit shall be examined ex officio in each individual case”.
5.
In view of the above, the Chamber had to determine which is the event giving rise to the
present dispute. In doing so, the DRC Judge deemed it important to emphasise the matter
Page 4 of 6
REF 20-01593
at stake concerns the alleged termination of the contract by the player on 9 July 2018.
Therefore, the event giving rise to the dispute occurred on 9 July 2018.
6.
On account of all the above, and considering that more than two years have elapsed
between the event giving rise to the dispute, i.e. the termination of the contract on 9
July 2018, and the date when the claim was lodged, i.e. on 30 October 2020, the DRC
Judge concluded that the Claimant’s claim must be considered barred by the statute of
limitations in accordance with art. 25 par. 5 of the Regulations.
7.
In light of the above, the DRC Judge decided that the claim of the Claimant is
inadmissible.
III. Decision of the DRC Judge
1.
The claim of the Claimant, Sedat Berisha, is inadmissible.
2.
This decision is rendered without costs.
For the DRC Judge:
Emilio García Silvero
Chief Legal & Compliance Officer
Page 5 of 6
REF 20-01593
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 58 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 20 of the Procedural Rules).
CONTACT INFORMATION:
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
Page 6 of 6