Labour Disputes
Texto da decisão
REF 20-01483
Decision of the
Dispute Resolution Chamber
passed on 18 February 2021
regarding an employment-related dispute concerning the player Alex Luis da Costa
Ruela
COMPOSITION:
Omar Ongaro (Italy), Deputy Chairman
Stijn Boeykens (Belgium), member
Elvis Chetty (Seychelles), member
CLAIMANT:
Alex Luis da Costa Ruela, Brazil
RESPONDENT:
Sisaket FC, Thailand
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REF 20-01483
I. Facts
1.
On 3 January 2020, the parties concluded an employment contract (the first contract)
valid until 31 October 2020.
2.
The first contract stipulated the following economic conditions:
“2.1 Employer shall, on the day this Contract is signed, pay Employee a lump-sum
remuneration in the amount of 220,000.-Baht.net which the Employee will only get once
throughout contractual period.
2.2 Employer shall pay a monthly salary to Employee in the amount of 220,000 Baht.net
per month starting from the 3 of January 2020 onwards. The aforesaid salary shall be paid
to Employee by the 5 day of each and every month until this Contract expires.”
3. The first contract had the following signature box:
4. According to the player, on 1 August 2020, the parties concluded a new contract (the
second contract) valid as from the date of signature until 31 December 2020.
5. The second contract stipulated the following economic conditions, payable by the 5th
day of each month:
2. Salary or remuneration for football-team Employee and term of payment thereof.
“2.1 Employer shall pay a monthly salary to Employee in the amount of 176,000 Baht.net
per month starting from the 1 of August 2020 onwards. The aforesaid salary shall be paid
to Employee by the 5 day of each and every month until this Contract expires.”
6. The second contract included the following signature box:
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7. On 7 March 2020, the Football Association of Thailand halted the competitions in
view of the outbreak of the COVID-19 pandemic.
8. According to the player, the club proposed him to sign a memorandum to cancel the
employment contract.
9. On 31 March, the club concluded a memorandum with the player with the following
conditions:
“2. Employee and Employer are fully aware of the official announcement issued by the
Football Association of Thailand under Patronage of His Majesty the King where all
domestic football competitions are to be postponed starting from March 7,2020
onwards due to the outbreak of COVIDD•19 in Thailand; and the nationwide state of
emergency declared by Thai Government in an effort to manage and control the
pandemic - both of which have direct impact that puts the Employer in the situation
where football competitions cannot be held as originally scheduled.
3. Both Employee and Employer agree and consent to the modification of Football
Player Employment Contract for year 2020 on the terms and conditions related to
Employee's salary as follows:
3.1 Employee consents to having his salary for March 2020 reduced by 20% (as shown
in the Bangkok Bank, Sisaket branch Deposit slip dated April 7, 2020).
3.2 Employee consents to the 100% reduction on his salary for April and May 2020 or
until the practice and training for the 2020 Thai League 2 competition start again
whereby payment for Employee's salary will resume at original rate. 4. Employee
voluntarily agrees and consents to the reduction of his salary in the manner described
in No. 3 of this Memorandum as a gesture in helping the Employer going through
COVID-19 pandemic which is an extraordinary crisis that affects public health
worldwide. Employee also consents to having this Memorandum as part of the
Football Player Employment Contract.”
10. The aforementioned memorandum included the following signature box:
11. The Thai league 2 resumed on 12 September 2020.
12. On 12 October 2020, the player lodged a claim before FIFA for outstanding
remuneration, and requested the payment of the total amount THB 880,000,
corresponding to five monthly salaries, from April to September 2020.
13. In its reply to the claim, the club acknowledged the validity of the first contract, but
not the validity of the second contract. Thus, the club insisted that the validity of the
employment relationship was until 31 October 2020.
14. Moreover, the club explained that it held a meeting with all of its players, including
the claimant, to discuss about their salaries.
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15. In this respect, the club argued that “a mutually acceptable conclusion was reached
between Sisaket FC and all players including Mr. Alex Luis da Costa Ruela,
whereby:
(i)
Salary for March 2020 would be reduced by 20%.
(ii)
Salary for April and May 2020 would be 100% reduced.
(iii)
Each player would start getting full salary when normal training for
competitions resumed.”
16. In addition, the club explained that the player did not return to Thailand after the Thai
league resumed.
17. In his replica, the player explained that the club tried to “force him” to sign a
memorandum to terminate the contract, but that ultimately he signed a memorandum
on 31 March 2020, which included a promise to sign a new contract.
18. The player therefore expressed a request to be paid the total amount of THB 880,000,
corresponding to 5 monthly salaries of THB 176,000, from August 2020 to December
2020, according to the contract that was “promised” to the player.
II. Considerations of the Dispute Resolution Chamber
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.
Taking into account the wording of art. 21 of the June 2020 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (hereinafter: the Procedural Rules), the aforementioned edition of the
Procedural Rules is applicable to the matter at hand.
2. Subsequently, the Dispute Resolution Chamber referred to art. 3 par. 1 of the Procedural
Rules and emphasised that, in accordance with art. 24 par. 1 in combination with art.
22 lit. b) of the Regulations on the Status and Transfer of Players, the Dispute Resolution
Chamber is competent to deal with matters which concern employment-related disputes
with an international dimension between players and clubs, such as the present one,
which involves a Brazilian player and a Thai club.
3. In continuation, the Dispute Resolution Chamber analysed which edition of the
Regulations of the Status and Transfer of Players should be applicable to the present
matter. In this respect, the Dispute Resolution Chamber confirmed that in accordance
with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players, and
considering that the date when the claim was lodged, the June 2020 edition of the
aforementioned regulations (hereinafter: the Regulations) is applicable to the matter at
hand.
4. With the above having been established, the Dispute Resolution Chamber entered into
the substance of the matter. In doing so, it started to acknowledge the facts of the case
as well as the documents contained in the file. However, the Dispute Resolution Chamber
emphasized that in the following considerations it will refer only to facts, arguments and
documentary evidence which it considered pertinent for the assessment of the matter at
hand.
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5. In this respect, the Chamber first noted that, on 3 January 2020, the parties concluded an
employment contract (the first contract) valid until 31 October 2020.
6. Subsequently, the Chamber noted that, according to the player, on 1 August 2020, the
parties concluded a new contract (the second contract) valid as from the date of signature
until 31 December 2020, for a monthly salary of THB 220,000.
7. However, in relation to said second contract, the Chamber noted that it appears to be
unsigned between the parties (cf. point I. 6 above). As a result, the Chamber established
that, due to the lack of a valid signature from both parties, it could not consider said
document as a valid and binding contract.
8. Subsequently, the Chamber noted that the player lodged a claim against the club for
outstanding remuneration.
9. The foregoing been said, the Chamber noted that, in his replica (cf. point I. 18 above),
the player specified that his request is to be paid the total outstanding amount of THB
880,000, corresponding to 5 monthly salaries of THB 176,000, from August 2020 to
December 2020.
10. Yet, at this stage, the Chamber observed that the contract between the parties expired
on 31 October 2020. Thus, the player would only be able to claim salaries until said date.
11. On the other hand, the Chamber noted that, for its part, did not address this specific issue
concerning the outstanding salaries, noting “the player did not return to Thailand” after
the league resumed on 12 September 2020.
12. However, on this point, the Chamber observed that, in accordance with the principle of
pacta sunt servanda, that the player was entitled to THB 220,000 per month until the
expiration of the contract on 31 October 2020, and that the club did not provide a valid
reason to not pay said salary.
13. In view of the above, and after observing the documentation gathered during the course
of the investigation, the Chamber reached the conclusion that the following amounts
appear to be outstanding:
-
THB 134,838 (pro rata September 2020)
THB 220,000 (October 2020)
14. In view of the above, the Chamber decided that the Respondent shall pay to the Claimant,
the total amount of THB 354,838 net as outstanding remuneration and as detailed above.
15. Furthermore, taking into account the previous considerations, the Dispute Resolution
Chamber referred to par. 1 and 2 of art. 24bis 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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16. In this regard, the Dispute Resolution Chamber pointed out 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 and for the maximum duration of three entire and consecutive
registration periods.
17. Therefore, bearing in mind the above, the Dispute Resolution Chamber decided that, in
the event that the Respondent does not pay the amounts due to the Claimant within 45
days as from the moment in which the Claimant, following the notification of the present
decision, communicates the relevant bank details to the Respondent, a ban from
registering any new players, either nationally or internationally, for the maximum
duration of three entire and consecutive registration periods shall become effective on
the Respondent in accordance with art. 24bis par. 2 and 4 of the Regulations.
18. Finally, the Dispute Resolution Chamber 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. 24bis par. 3 of the Regulations.
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III. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Alex Luis da Costa Ruela, is partially accepted.
2.
The Respondent, Sisaket FC, has to pay to the Claimant, the amount of THB 354,838 net as
outstanding remuneration.
3.
Any further claims of the Claimant are rejected.
4.
The Claimant is directed to immediately and directly inform the Respondent of the
relevant bank account to which the Respondent must pay the due amount.
5.
The Respondent shall provide evidence of payment of the due amount in accordance with
this decision to [email protected], duly translated, if applicable, into one of the official
FIFA languages (English, French, German, Spanish).
6.
In the event that the amount due, plus interest as established above is not paid by the
Respondent within 45 days, as from the notification by the Claimant of the relevant
bank details to the Respondent, the following consequences shall arise:
1. The Respondent shall be banned from registering any new players, either nationally
or internationally, up until the due amount is paid and for the maximum duration
of three entire and consecutive registration periods. The aforementioned ban
mentioned will be lifted immediately and prior to its complete serving, once the
due amount is paid.
(cf. art. 24bis of the Regulations on the Status and Transfer of Players).
2. In the event that the payable amount as per in this decision is still not paid by the
end of the ban of three entire and consecutive registration periods, the present
matter shall be submitted, upon request, to the FIFA Disciplinary Committee.
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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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
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