Labour Disputes
Texto da decisão
REF. FPSD-13470
Decision of the
Dispute Resolution Chamber
passed on 11 June 2024
regarding an employment-related dispute concerning the player Dejvi Bregu
BY:
Dana MOHAMED AL-NOAIMI (Qatar)
CLAIMANT:
Dejvi Bregu, Albania
Represented by Mehmet Gokturk Aslan
RESPONDENT:
BEREKET SİGORTA UMRANİYESPOR, Türkiye
Represented by Ercan Sevdimbaş
pg. 2
REF. FPSD-13470
I.
Facts of the case
1.
On an unspecified date, the Albanian player, Dejvi Bregu (hereinafter: Claimant or player)
and the Turkish club, UMRANİYESPOR (hereinafter: club or Respondent) concluded an
employment contract (hereinafter: contract) valid until 30 June 2024.
2.
According to the contract, the Respondent undertook to pay the Claimant the following
remuneration:
“For 2023/2024 Football Season:
- 160,000 EUR net will be paid in total in ten equal instalments between August 2023 – May
2024 as 16,000 EUR for each month. Payments can be made until the last day of each month.
- 25,000 EUR net will be paid to the Player as advance payment 25.08.2023.
- 10,000 EUR net will be paid in total in ten equal instalments between August 2023 – May 2024
as 1,000 EUR for each month for life expenses such as accommodation, car etc. Payments
can be made until the last day of each month.”
3.
On 4 December 2023, the Claimant sent a default notice to the Respondent requesting of
the total amount of EUR 70,500 corresponding to his outstanding remuneration for the
period August until November 2023, granting it a deadline of 10 days to comply.
4.
Allegedly after the aforesaid notice the respondent removed the player from the team and
informed him that he has to train alone.
5.
On 14 December 2023, the Claimant sent a reminder to the Respondent, reiterating his
request for payment of his outstanding dues and requesting that he be immediately
reinstated back to the first team.
6.
On 20 December 2023, the Claimant terminated the contract.
7.
On 1 February 2024, the Claimant signed a contract with the Polish club, Towarzystwo
Sportowe Wisła Kraków SA, valid as from 1 February until 30 June 2024, entitling him to a
monthly salary of EUR 3,400 and sign-on fee of EUR 8,000.
II. Proceedings before FIFA
8.
On 24 January 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
9.
According to the Claimant, the Respondent failed to comply with its contractual financial
obligations.
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REF. FPSD-13470
10. The requests for relief of the Claimant, were the following:
-
b.
EUR 80.000 net from the termination date (20 December 2023) plus with its interests as of the
corresponding due dates until the effective day of payment.
EUR 25.000 net from August 2023 plus with its interests as of the corresponding due dates until
the effective day of payment
EUR 16.000 net from August 2023 plus with its interests as of the corresponding due dates until
the effective day of payment.
EUR 16.000 net from September 2023 with its interests as of the corresponding due dates until
the effective day of payment.
EUR 16.000 net from October 2023 plus with its interests as of the corresponding due dates until
the effective day of payment.
EUR 16.000 net from November 2023 plus with its interests as of the corresponding due dates
until the effective day of payment.
EUR 16.000 net from December 2023 plus with its interests as of the corresponding due dates
until the effective day of payment.
EUR 1.000 net from August 2023 plus with its interests as of the corresponding due dates until
the effective day of payment.
EUR 1.000 net from September 2023 with its interests as of the corresponding due dates until
the effective day of payment.
EUR 1.000 net from October 2023 plus with its interests as of the corresponding due dates until
the effective day of payment.
EUR 1.000 net from November 2023 plus with its interests as of the corresponding due dates
until the effective day of payment.
EUR 1.000 net from December 2023 plus with its interests as of the corresponding due dates
until the effective day of payment.
Position of the Respondent
11. In its reply, the Respondent disagreed on the total amount that’s due to the player, arguing
that on 31 August 2023, it paid the amount of EUR 12,500 to the player and on 8 September
2023 a further EUR 10,000.
12. The Respondent further argued that the player failed to comply with the requirements of
art.14bis.
13. In conclusion the Respondent requested the following relief:
-
To decide that the termination is unjust termination and reject the termination compensation
To refuse the player’s claim other than the EUR 87,500
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REF. FPSD-13470
c.
Additional Comments Claimant on payment documents
14. The Claimant failed to comment on the payment documents provided.
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REF. FPSD-13470
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter also referred
to as Single Judge) analysed whether she was competent to deal with the case at hand. In
this respect, she took note that the present matter was presented to FIFA on 24 January
2024 and submitted for decision on 11 June 2024. Taking into account the wording of art.
34 of the February 2024 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.
16. 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
is competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a Albanian player and a Turkish club.
17. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, she 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 24 January 2024, the May 2023
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
b. Burden of proof
18. 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 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
19. Her competence and the applicable regulations having been established; the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge 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 she will refer only to the facts, arguments and documentary evidence,
which she considered pertinent for the assessment of the matter at hand.
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REF. FPSD-13470
i. Main legal discussion and considerations
20. The foregoing having been established, the Single Judge moved to the substance of the
matter and took note of the fact that the parties strongly dispute the justice of the early
termination of the contract by the Claimant, based on the alleged non-payment of certain
financial obligations by the Respondent as per the contract, in accordance with art. 14bis
of the Regulations.
21. In this context, the Single Judge acknowledged that her 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, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled.
22. The Single Judge 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).
23. The Single Judge took note that the Respondent argued that the Claimant did not comply
with the perquisites of art.14bis i.e., he provided 10 days, deadline instead of 15 days,
hence the contract was terminated without just cause.
24. The Single Judge further noted that the Claimant claims not having received his
remuneration corresponding to the period August 2023 until November 2023.
Furthermore, the Single Judge noted that the Claimant has provided written evidence of
having put the Respondent in default on 4 December 2023, i.e., at least 15 days before
unilaterally terminating the contract on 20 December 2023.
25. The Single Judge also noted that in the case at hand the Respondent bore the burden of
proving that it indeed complied with the financial terms of the contract concluded between
the parties. Nonetheless, the evidence provided by the Respondent only correspond to a
partial payment made and does not prove beyond doubt the payment of all the amounts
claimed as outstanding by the Claimant.
26. Thus, the Single Judge concluded that the Claimant had a just cause to unilaterally
terminate the contract on 20 December 2023, based on art. 14bis of the Regulations and
that as a result, the Respondent is to be held liable for the consequences thereof.
ii. Consequences
27. Having stated the above, the Single Judge turned her attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
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REF. FPSD-13470
28. 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
which were outstanding under the contract at the moment of the termination, i.e. EUR
87,500 (i.e. EUR 17,000 times 5 plus EUR 2,500).
29. The Single Judge decided to take into account the payment receipts provided by the
Respondent in deduction as the Claimant failed to provide his comments thereto.
30. 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 interest at the
rate of 5% p.a. on the outstanding amounts as from the respective due dates until the date
of effective payment.
31. Having stated the above, the Single Judge 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 Single
Judge 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.
32. In application of the relevant provision, the Single Judge 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. In this regard, the Single Judge
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
33. As a consequence, the Single Judge determined that the amount of compensation payable
by the club to the player 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.
34. Bearing in mind the foregoing as well as the claim of the player, the Single Judge proceeded
with the calculation of the monies payable to the player under the terms of the contract
from the date of its unilateral termination until its end date. Consequently, the Single Judge
concluded that the amount of EUR 80,000 (i.e., January until May 2024 at EUR 16,000 per
month) serves as the basis for the determination of the amount of compensation for
breach of contract.
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REF. FPSD-13470
35. In continuation, the Single Judge verified as to 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 DRC 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.
36. Indeed, the player found employment with the Polish club, Towarzystwo Sportowe Wisła
Kraków SA. In accordance with the pertinent employment contract, the player was entitled
to approximately EUR 3,400 per month and sign-on fee of EUR 8,000. Therefore, the Single
Judge concluded that the player mitigated his damages in the total amount of EUR 21,600.
37. Subsequently, the Single Judge 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 Single Judge 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.
38. In this respect, the Single Judge decided to award the amount of additional compensation
of EUR 48,000, i.e., three times the monthly remuneration of the player.
39. The Single Judge reminded the parties that, as per the last sentence of art. 17 par. 1 lit. ii)
of the Regulations, the overall compensation may never exceed the rest value of the
prematurely terminated contract.
40. Consequently, on account of all of the above-mentioned considerations and the
specificities of the case at hand, the Single Judge decided that the club must pay the amount
of EUR 80,000 to the player, which was to be considered a reasonable and justified amount
of compensation for breach of contract in the present matter.
41. 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% p.a. as of 20 December 2023 until the date of effective
payment.
iii. Compliance with monetary decisions
42. 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.
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REF. FPSD-13470
43. 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.
44. 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.
45. 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.
46. 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
47. 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.
48. 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.
49. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties
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REF. FPSD-13470
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Dejvi Bregu , is partially accepted.
2.
The Respondent, BEREKET SİGORTA UMRANİYESPOR, must pay to the Claimant the
following amount(s):
(a) EUR 87,500 as outstanding remuneration plus 5% interest p.a. as from the respective
due dates until the date of effective payment as follows:
- On the amount of EUR 2,500 as from 1 September 2023
- On the amount of EUR 17,000 as from 1 September 2023
- On the amount of EUR 17,000 as from 1 October 2023
- On the amount of EUR 17,000 as from 1 November 2023
- On the amount of EUR 17,000 as from 1 December 2023
- On the amount of EUR 17,000 as from 20 December 2023
(b) EUR 80,000 as compensation for breach of contract without just cause plus 5%
interest p.a. as from 20 December 2023 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.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-13470
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).
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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