Labour Disputes
Texto da decisão
REF FPSD-8475
Decision of the
Dispute Resolution Chamber
passed on 7 March 2023
regarding an employment-related dispute concerning
the player Idrissa Camara
BY:
Clifford J. HENDEL (USA), Deputy Chairperson
Angela COLLINS (Australia), member
Mario FLORES CHEMOR (Mexico), member
CLAIMANT:
Idrissa Camara, Senegal
RESPONDENT:
Umraniyespor, Türkiye
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REF FPSD-8475
I. Facts of the case
1. On 2 October 2020, the player and Umraniyespor concluded and employment contract valid as
from the date of signature until 31 May 2021, with an option to extend it for one additional season
(i.e. until 31 May 2022).
2. According to the contract, the player was entitled to the following net amounts (“all payments
under this contract are net payments and will not be reduced by any tax or other amounts”.:
For 2020/2021 Football Season
► 5,000,-USD will be paid as guarantee fee
► 35,000, -USD will be paid in 7 equal instalment as monthly salary on the following dates;
- 5,000, -USD on 31.11.2020,
- 5,000, -USD on 30.12.2020,
- 5,000, -USD on 31.01.2021,
- 5,000, -USD on 28.02.2021,
- 5,000, -USD on 31.03.2021,
- 5,000, -USD on 30.04.2021,
- 5,000, -USD on 30.05.2021,
For 2021/2022 Football Season:
► 5.000,-USD will be paid as guarantee fee
► 35.000,-USD will be paid in 7 equal instalment as monthly salary on the following dates
► 5.000,-USD on 31.11.2020,
► 5.000,-USD on 30.12.2020,
► 5.000,-USD on 31.01.2021,
► 5.000,-USD on 28.02.2021,
► 5.000,-USD on 31.03.2021,
► 5.000,-USD on 30.04.2021,
► 5.000,-USD on 30.05.2021,
(note: for the season 2021/2022, the year “2020” appears to be a typo as it should refer to 2021,
while “2021” should refer to 2022)
3. The contract further stipulated the following:
“-The player hereby agrees that in case of a breach by the player of his obligations set forth herein, the
Club shall be entitled to fine the player penal sum of up to 20.000,00-Euro (Twenty thousand Euros) for
every breach, and that the player shall pay this penal sum to the Club upon the receipt of the Club's
written request, and that the Club shall be entitled to set off and compensate for this sum from or out of
the receivables the Player may have with the Club. B sides the fine as set forth above, the Club is also
entitled to seek remedy for any damage incurred by the Club, including the loss of profit, in case the
player is in breach of his obligations regarding the image rights.”
4. On 15 November 2022, the player sent a default notice to the club, requesting the following:
“Pay the unpaid amounts due to me in accordance with our contractual agreements on the RIB that I
will send you as soon as you reply
Send me all my pay slips since 01/10/2020 until 30/05/2022.
Provide me with the amount of match bonuses (season 20/21 and 21/22) allocated to first team layers
in order to determine the amount that has not been paid .
Provide me with the amount of the bonus (season 21 /22) allocated to first team players in connection
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REF FPSD-8475
with the club's promotion to the Super Lig.”
5. On 26 July 2022, the player transferred to the French club, Dijon FCO, “out of contract”.
II. Proceedings before FIFA
1. On 5 December 2022, the player lodged a claim before FIFA for outstanding remuneration
and breach of contract without just cause, and requested the following:
- USD 80,000 net, corresponding to his remuneration for the two years of contract plus 5%
interest p.a. as from the due dates. The player considered that only the amounts that the
club would prove that were paid can be deducted;
- USD 18,967.50 as bonuses
- USD 20,000 as penalty;
- USD 1,982.65 for 20 hotel nights in Dijon (note: bills on file for the hotel “Bourgogne
Hotel” in Dijon, France), for the periods between 12 July until 27 July 2022, and diners in
the same hotel from 12 July 2022 until 1 August 2022);
- USD 15,000 as moral damages;
- USD 5,000 as legal costs.
2. The player explained that he only received random payments from the beginning of his
employment relationship.
3. As to the claimed bonuses, the player calculated them as follows:
2020/2021 Season: USD 7,142.5
- 7 starts in a win or 4,200 USD
- 1 start in a draw or 250 USD
- 5 starts in a defeat or 300 USD
- 4 starts in a victory or 1,800 USD.
- 3 starts in a draw or 562,5 USD.
- 1 entry in the game for a defeat, i.e. 30 USD.
2021/2022 Season: USD 11,825
- 13 starts in a win or 7,800 USD
- 5 starts in a draw or 1,250 USD
- 5 starts in a loss or 300 USD
- 4 starts in a win or 1,800 USD.
- 2 entries in the game in the case of a draw, i.e. 375 USD.
- 1 entry on the game sheet in the case of a win, i.e. 300 USD
4. In its reply, the club rejected the claim of the player.
5. The club provided the following payment receipts:
Amount:
Date:
Remarks:
3.000 USD
01.02.2021
Receipt from DenizBank, with translation
2.000 USD
05.02.2021
Receipt from DenizBank, with translation
2.500 USD
13.04.2021
Receipt from the club, “given by hand”,
apparently signed by the player
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REF FPSD-8475
5.000 USD
500 USD or TRY 4,274
07.05.2021
16.07.2021
143.500 TRY
10.08.2021
4.500 USD
5.000 USD
03.09.2021
04.11.2021
5.000 USD
09.11.2021
5.000 USD
28.12.2021
9.000 USD
3.000 USD
11.000 USD
343.000,00 TL &
18.784,22-USD
21.01.2022
07.04.2022
27.05.2022
05.09.2022
Receipt from DenizBank, with translation
"advance payment"
Receipt from DenizBank, with translation
Cheque from Denizbank, apparently
signed by the player
Includes a “poof of delivery” stating that “I
have got all my receivables for 2020-2021
football season in return for this check”.
"advance payment"
"salary payment"
Statement in the club’s letterhead
declaring “I received my salary for [October
2020] in person”.
"salary payment"
Receipt from DenizBank, with translation
"salary payment"
Receipt from DenizBank, with translation
"salary payment"
"salary payment"
"salary payment"
Cheque from Denizbank
6. In his replica, the Claimant commented on the evidence provided by the Respondent and
acknowledged that he received USD 48,500 instead of the amount of USD 80,000 that he
should have received.
7. Despite being invite to provide his duplica, the Respondent failed to do so.
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III. 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 Chamber or 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 5 December 2022 and submitted for decision on 7
March 2023. Taking into account the wording of art. 34 of the October 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 members of 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 lit. b) of the Regulations
on the Status and Transfer of Players (October 2022 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 Senegalese player and a Turkish club.
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 (October 2022 edition), and considering that the
present claim was lodged on 5 December 2022, the October 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.
5.
Merits of the dispute
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
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6.
The foregoing having been established, the Chamber moved to the substance of the matter, and
took note of the fact that the player and Umraniyespor concluded and employment contract valid
as from the date of signature until 31 May 2021, with an option to extend it for one additional
season (i.e. until 31 May 2022).
7.
In this context, the Chamber acknowledged that the player lodged a claim for FIFA for outstanding
remuneration and requested, inter alia, the payment of his full salaries for his two seasons with
the club (i.e. EUR 40,000*2), minus the amounts paid by the club.
8.
The Chamber then considered the position of the club, which fundamentally consisted in the
submission of a series of unorganized payment receipts as summarized in point II. 5 above. Based
on a thorough review of the provided receipts, the Chamber observed that they are not arranged
in a logical or systematic manner. The Chamber highlighted that the receipts provided by the club
contain several inconsistencies, such as varying payment amounts and erratic payment dates, as
well as various payment methods (cheques or receipts, among others). These inconsistencies
make it difficult to determine whether the player has received the amounts as per the terms of the
contract.
9.
Subsequently, the Chamber noted that, in his replica, the player acknowledged that he received
USD 48,500 from the evidence provided by the club. The Chamber also observed that the club
failed to provide its final comments or duplica.
10. Hence, given the lack of duplica from the Respondent and also due to the fact that the club’s
evidence is unsatisfactory and does not help to clearly establish that the player was paid as agreed
in the contract, the Chamber understood that, as per the player’s acknowledgement, the amount
of USD 31,500 remains outstanding (i.e. (40,000*2) - 48,500 = USD 31,500).
11. The Chamber then considered that the outstanding amount shall be assigned to the following
instalments (i.e. the most recent ones, given that the partial payments shall be assigned to the
older instalments):
► USD 1,500 (rest from the 5.000,-USD due on 31.11.2021),
► USD 5,000 on 30.12.2021,
► USD 5,000 on 31.01.2022,
► USD 5,000 on 28.02.2022,
► USD 5,000 on 31.03.2022,
► USD 5,000 on 30.04.2022,
► USD 5,000 on 30.05.2022,
Total: USD 31,500
12. 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 amount of USD 31,500,
as established above.
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13. 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% p.a. on
the outstanding amounts as from the due dates until the date of effective payment.
14. The Chamber then observed that the player also requested the payment of match bonuses arising
from the contract. However, although he provided a specific calculation, the Chamber noted that
he failed to support his request with a reliable list of matches in which he participated. Therefore,
the Chamber rejected this part of the claim, since the player failed to meet his burden of proof.
15. The Chamber then noted that the player further requested the payment of a penalty on the basis
of a contractual provision. As to this claimed penalty, the Chamber acknowledged that, indeed, the
contract stipulated a penalty that could be payable by the player to the club in case of breach of
contract. Yet, regardless of the validity of said clause, the Chamber noted that its contents are clear
since it does not foresee a penalty payable by the club to the player. Therefore, the Chamber
decided that this request must be rejected.
16. The Chamber also acknowledged that the player requested the payment of “20 hotel nights”.
However, after verifying the evidence brought by the player, the Chamber concluded that his hotel
stay is actually related to his new contract with his new club, Dijon FCO and therefore the
Respondent cannot be liable. Consequently, the Chamber also rejected this part of the claim.
17. The Chamber also rejected the player’s claim for moral damages due to a lack of evidence and
legal basis.
ii. Compliance with monetary decisions
18. 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.
19. 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.
20. 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.
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21. The Respondent shall make full payment (including all applicable interest) to the bank account
provided by the Claimant in the Bank Account Registration Form.
22. 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
23. 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.
24. 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.
25. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made by any
of the parties.
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IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Idrissa Camara, is partially accepted.
2.
The Respondent, Umraniyespor, has to pay to the Claimant, the following amounts:
- USD 31,500 net as outstanding remuneration plus interest p.a. as follows:
- 5% interest p.a. over the amount USD 1,500 of as from 30 November 2021 until the date of effective payment;
- 5% interest p.a. over the amount USD 5,000 of as from 30 December 2021 until the date of effective payment;
- 5% interest p.a. over the amount USD 5,000 of as from 31 January 2022 until the date of effective payment;
- 5% interest p.a. over the amount USD 5,000 of as from 28 February 2022 until the date of effective payment;
- 5% interest p.a. over the amount USD 5,000 of as from 31 March 2022 until the date of effective payment;
- 5% interest p.a. over the amount USD 5,000 of as from 30 April 2022 until the date of effective payment;
- 5% interest p.a. over the amount USD 5,000 of as from 30 May 2022 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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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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