Labour Disputes
Texto da decisão
REF. FPSD-14228
Decision of the
Dispute Resolution Chamber
passed on 7 May 2024
regarding an employment-related dispute concerning
the player Jonathan Boareto Dos Reis
BY:
Andre DOS SANTOS MEGALE (Brazil), member
CLAIMANT:
Jonathan Boareto Dos Reis, Brazil
Represented by Breno Costa Ramos Tannuri
RESPONDENT:
Kedah Darul Aman Football Club, Malaysia
pg. 2
REF. FPSD-14228
I. Facts of the case
1.
On 27 January 2023, the Brazilian player Jonathan Boareto Dos Reis (hereinafter the
Claimant or the player) and the Malaysian club Kedah Darul Aman Football Club concluded
employment agreement (hereinafter the Employment Agreement) valid as from
1 February 2023 until 31 December 2023.
2.
In accordance with the Employment Agreement, the Claimant and the Respondent (jointly
referred to as the Parties) agreed, inter alia, upon USD 10,000 as a monthly payment “no
later than the 7th of the following month”.
3.
On 11 January 2024, the Claimant sent a letter to the Respondent, requested the amount
of EUR 30,0000, corresponding to outstanding salaries of October to December 2023. The
Claimant granted the Respondent 10 days to comply with its obligations, however, to no
avail.
II. Proceedings before FIFA
4.
On 27 March 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 Claimant
5.
The requests for relief of the Claimant were the following:
“FIRST – To uphold the entire claim filed by the Player;
SECOND – To order the Club to pay the Player USD 10,000 net due as outstanding monthly
salary of October 2023, plus default interest at the rate of 5% per annum as from 8 November
2023 until the date of effective payment;
THIRD – To order the Club to pay the Player USD 10,000 net due as outstanding monthly salary
of November 2023, plus default interest at the rate of 5% per annum as from 8 December
2023 until the date of effective payment;
FOURTH – To order the Club to pay the Player USD 10,000 net due as outstanding monthly
salary of December 2023, plus default interest at the rate of 5% per annum as from 8 January
2024 until the date of effective payment;
FIFTH – To open the proceedings regarding the present dispute and notify the Club
immediately (cf. Art. 21, par. 1 of the FIFA Procedural Rules); AND
SIXTH – To confirm that the ongoing proceedings is free of any costs.”
6.
The Claimant based its claim on the legal principle pacta sunt servanda.
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REF. FPSD-14228
b. Position of the Respondent
7.
In reply to the claim, the Respondent submitted various proofs of payments and, inter alia,
asserted that, on 27 March 2024, it already paid the salary of October 2023.
c. Comments of the Claimant
8.
The Claimant recognized having received USD 10,000 as a salary of October 2023 and
amended its request for relief as follows:
“FIRST – To uphold the entire claim filed by the Player;
SECOND – To order the Club to pay the Player USD 10,000 net as outstanding remuneration
for the month of November 2023, plus default interest at the rate of 5% (five percent) per
annum as from 8 December 2023 until the date of effective payment;
THIRD – To order the Club to pay the Player USD 10,000 net as outstanding remuneration for
the month of December 2023, plus default interest at the rate of 5% (five percent) per annum
as from 8 January 2024, until the date of effective payment;
FOURTH – To order the Club to pay the Player 5% (five percent) interest per annum regarding
the period under which the former was late to pay the monthly salary of October 2023
amounting USD 10,000 (ten thousand US dollars) notably, between 8 November 2023 and 27
March 2024;
FIFTH - To declare inadmissible and disregard the exhibits enclosed to the Club’s
correspondence in any language other than English, Spanish and French (cf. Art. 13, par. 1 of
the FIFA Procedural Rules);
SIXTH – To impose, if need be, sporting sanctions on the Club (cf. Art. 24 of the FIFA RSTP); and
SEVENTH – To confirm that the ongoing proceedings are free from any costs and charges.”
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
9.
First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter also referred
to as Single Judge) analysed whether he was competent to deal with the case at hand. In
this respect, he took note that the present matter was presented to FIFA on 27 March 2024
and submitted for decision on 7 May 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.
10. Subsequently, the Single Judge 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 lit. b) of the
Regulations on the Status and Transfer of Players, February 2024 edition), the Single Judge
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REF. FPSD-14228
is competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a Brazilian player and a Malaysian club.
11. Subsequently, the Single 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 (February 2024 edition) and
considering that the present claim was lodged on 27 March 2024, the February 2024 edition
of said regulations (hereinafter the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
12. The Single Judge 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 Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he 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
13. His competence and the applicable regulations having been established, the Single Judge
entered into the merits of the dispute. In this respect, the he started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Single Judge emphasised that in the following considerations he will refer
only to the facts, arguments and documentary evidence, which he considered pertinent for
the assessment of the matter at hand.
i. Main legal discussion and considerations
14. The foregoing having been established, the Single Judge moved to the substance of the
matter, and took note of the fact that this is a claim of a Player against a Club concerning
outstanding amounts.
15. Furthermore, the Single Judge remarked that it remained uncontested by the Respondent
that the salaries of November – December 2023 remained outstanding.
16. In view of the foregoing and bearing in mind the basic legal principle of pact sunt servanda,
which in essence means that agreements must be respected by the parties in good faith,
the Respondent is held liable to pay the Claimant the outstanding amounts deriving from
the contract concluded between the Parties, namely EUR 20,000 corresponding to the two
monthly salaries of November and December 2023.
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REF. FPSD-14228
ii. Consequences
17. The Single Judge observed that the financial obligations deemed as outstanding in the
present case correspond to two monthly salaries under the Employment Agreement.
18. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Respondent is liable to pay to the Claimant the amounts
claimed as outstanding under the contract, in total EUR 20,000, as detailed above.
19. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Single Judge in this regard, the latter decided to award the Claimant the following:
- 5% interest p.a. over the amount EUR 10,000 of as from 8 November 2023 until the date
of effective payment;
- EUR 10,000 as outstanding remuneration plus 5% interest p.a. as from 8 December 2023
until the date of effective payment;
- EUR 10,000 as outstanding remuneration plus 5% interest p.a. as from 8 January 2024
until the date of effective payment.
iii. Compliance with monetary decisions
20. Finally, taking into account the applicable Regulations, the Single Judge 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.
21. In this regard, the Single Judge 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.
22. Therefore, bearing in mind the above, the Single Judge 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.
23. 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.
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REF. FPSD-14228
24. The Single Judge 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
25. The Single Judge 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 Single Judge decided that no procedural costs were to be
imposed on the Parties.
26. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art. 25
par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
27. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the Parties.
pg. 7
REF. FPSD-14228
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Jonathan Boareto Dos Reis, is accepted.
2.
The Respondent, Kedah Darul Aman Football Club, must pay to the Claimant the following
amount(s):
- 5% interest p.a. over the amount EUR 10,000 of as from 8 November 2023 until the date
of effective payment;
- EUR 10,000 as outstanding remuneration plus 5% interest p.a. as from 8 December
2023 until the date of effective payment;
- EUR 10,000 as outstanding remuneration plus 5% interest p.a. as from 8 January 2024
until the date of effective payment.
3.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
4.
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.
5.
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.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-14228
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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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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