Labour Disputes
Texto da decisão
REF. FPSD-17689
Decision of the
Dispute Resolution Chamber
passed on 25 February 2025
regarding an employment-related dispute concerning the Player Sebastiao
Freitas Couto Junior
BY:
Roy VERMEER (The Netherlands)
CLAIMANT:
Sebastiao Freitas Couto Junior, Brazil
Represented by Pvbt Law
RESPONDENT:
SALMIYA SC, Kuwait
Represented by Pedro Macieirinha
pg. 2
REF. FPSD-17689
I. Facts of the case
1.
On 4 August 2023, the Brazilian player, Sebastiao Freitas Couto Junior (hereinafter: the
Player or the Claimant) and the Kuwaiti club, Salmiya SC (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
August 2023 to 30 June 2024.
2.
Pursuant to clause 4 of the Contract, the Player was entitled to a total amount of USD
200,000 payable as follows: USD 56,000 at the end of August 2023 and USD 144,000 divided
in 10 monthly instalments of USD 16,000 each between the end of September 2023 and
the end of June 2024.
3.
Reportedly, on 18 December 2024, the Player sent to the Club a notice of default requesting
payment of USD 64,000 corresponding to the salaries from March 2024 to June 2024,
setting a 10-day deadline in order for the Respondent to remedy the default.
II. Proceedings before FIFA
4.
On 6 January 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
5.
The Claimant asserted that the Respondent failed to remit his salaries totalling USD 64,000
for the period from March to June.
6.
The Player requested the following relief:
“Condemning the Respondent to pay:
i) US$64,000 as overdue salaries under article 4 of the Contract; and
ii) interest on default at the rate of 5% (five percent) per annum as of their
respective due dates (March thru June 2024); and
iii) to support all costs associated with this dispute.”
b. Position of the Respondent
7.
In its reply, the Respondent requested to reject the claim.
8.
The Respondent stressed that it did not receive the Claimant’s correspondence sent on 18
December 2024, and no evidence of the sending was provided. Therefore, the Respondent
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REF. FPSD-17689
considered that the Claimant did not comply with art. 12bis of the Regulations on the Status
and Transfer of Players (hereinafter: the Regulations). Accordingly, the Respondent was of
the opinion that the Claimant is not entitled to USD 64,000 as salaries, nor the interest of
5% and the claim shall be rejected.
9.
The Respondent requested the following relief:
“A.
The claim shall be rejected.
B.
The Respondent shall not be condemned to pay:
•
Monthly Remuneration of March 2024 in the amount of 16.000,00 USD
•
Monthly Remuneration of April 2024 in the amount of 16.000,00 USD
•
Monthly Remuneration of May 2024 in the amount of 16.000,00 USD
•
Monthly Remuneration of June 2024 in the amount of 16.000,00 USD
TOTAL= 64.000,00USD plus 5% interests since the due date until effective payment
A.
Towards the Respondent, shall not be imposed financial and sportive sanctions”
pg. 4
REF. FPSD-17689
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
10. First of all, the Single Judge (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 6 January 2025 and submitted for decision on 25
February 2025. Taking into account the wording of art. 34 of the January 2025 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.
11. Subsequently, the Single Judge referred to art. 2 par. 1 and art. 24 par. 1 lit. a) 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 (January 2025 edition), he 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 Kuwaiti club.
12. Moreover, 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. 29 of
the Regulations, the January 2025 edition of said regulations is applicable to the matter at
hand as to the substance
b. Burden of proof
13. 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
14. The 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 he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for the assessment of the matter at hand.
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REF. FPSD-17689
i. Main legal discussion and considerations
15. The Single Judge then moved to the substance of the matter and took note of the fact that
the Claimant requested payment of USD 64,000 corresponding to the outstanding
remuneration as per the Contract.
16. In this context, the Single Judge also noted that neither party contested the non-payment
of the amounts claimed by the Claimant. Therefore, the Single Judge acknowledged that
his task was to determine, based on the arguments presented by the parties, whether the
Respondent had a valid justification for not having complied with its financial obligations.
17. The Single Judge then took note of the Respondent’s argumentation mentioning that the
Claimant is not entitled to such amounts as it did not receive the default notice sent by the
Claimant.
18. In this regard, the Single Judge recalled that the application of art. 12bis of the Regulations
does not prevent the Claimant from filing a case before the Football Tribunal and/or
requesting such an amount. Furthermore, art. 12bis establishes the possible sanctions that
a club may face following the notification of default in the event of non-fulfilment of the
mentioned default.
19. 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 USD 64,000.
20. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Single Judge decided to award the Claimant
interest at the rate of 5% p.a. on the outstanding amounts as follows:
-
On the amount of USD 16,000 as from 1 April 2024 until the date of effective payment;
-
On the amount of USD 16,000 as from 1 May 2024 until the date of effective payment;
-
On the amount of USD 16,000 as from 1 June 2024 until the date of effective payment;
-
On the amount of USD 16,000 as from 1 July 2024 until the date of effective payment.
ii. Compliance with monetary decisions
21. 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. In this regard, the Single Judge highlighted that, against clubs,
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REF. FPSD-17689
the consequence of the failure to pay the relevant amounts in due time shall consist, in
principle, of a ban from registering any new players, either nationally or internationally, up
until the due amounts are paid.
22. Notwithstanding the above, the Single Judge wished to remark that in accordance with art.
24 par. 3 of the Regulations, the aforementioned consequences may be excluded where
the pertinent FIFA deciding body has already imposed on the same party a sporting
sanction on the basis of article 12bis, 17 or 18quater of the Regulations.
23. In this respect, the Single Judge recalled that by means of a decision of the Football Tribunal
passed on 11 July 2024 and notified on 25 July 2024, a transfer ban has been imposed on
the Respondent pursuant to art. 17 par. 4 of the Regulations, namely in the case FPSD14312.
24. Accordingly, the Single Judge established that in casu art. 24 par. 2 of the Regulations shall
not apply, insofar as in case the Respondent fails to comply with the decision at hand, the
application of a further ban from registering any new players on top of the one already
being served by the Respondent would be moot and against the spirit of the Regulations,
in particularly the enforcement mechanism established under art. 24 of the Regulations.
25. In view of the above, the Single Judge decided that if the aforementioned sum plus interest
is not paid within 30 days of notification of this decision, the present matter shall be
submitted, upon request of the Claimant, to the FIFA Disciplinary Committee for its
consideration and formal decision.
26. 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.
d. Costs
27. 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.
28. 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.
29. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 7
REF. FPSD-17689
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Sebastiao Freitas Couto Junior, is partially accepted.
2.
The Respondent, SALMIYA SC, must pay to the Claimant the following amount(s):
- USD 16,000 as outstanding remuneration plus 5% interest p.a. as from 1 April 2024 until
the date of effective payment;
- USD 16,000 as outstanding remuneration plus 5% interest p.a. as from 1 May 2024 until
the date of effective payment;
- USD 16,000 as outstanding remuneration plus 5% interest p.a. as from 1 June 2024 until
the date of effective payment;
- USD 16,000 as outstanding remuneration plus 5% interest p.a. as from 1 July 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.
If full payment is not made within 30 days of notification of this decision, the present matter
shall be submitted, upon request of the Claimant, to the FIFA Disciplinary Committee.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 8
REF. FPSD-17689
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
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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