Labour Disputes
Texto da decisão
REF. FPSD-15220
Decision of the
Dispute Resolution Chamber
passed on 12 November 2024
regarding an employment-related dispute concerning the player
Patrick Robson De Souza Monteiro
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Mario FLORES CHEMOR (Mexico), Member
Johan VAN GAALEN (South Africa), Member
CLAIMANT:
Patrick Robson De Souza Monteiro, Brazil
Represented by Rodrigo Grumach Falcao
RESPONDENT:
Tirana, Albania
pg. 2
REF. FPSD-15220
I. Facts of the case
1.
On 17 August 2022, the Brazilian player Patrick Robson de Souza Monteiro (hereinafter: the
Claimant or the Player) and the Albanian club Tirana (hereinafter: the Respondent or the
Club) concluded an employment contract (hereinafter: the Contract) valid as from its date
of signature until 30 May 2024.
2.
In accordance with article 1 of the Contract, the Respondent undertook to pay the Claimant
a monthly salary of EUR 1,000 net, a bonus of EUR 200 for accommodation and two round
trip flight tickets from Brazil to Albania.
3.
In addition, annex 1 of the Contract stipulated that the Player was entitled to monthly
bonuses for his image rights in the amount of EUR 4,454.
4.
On 19 December 2023, the parties signed a first agreement (hereinafter: the First
Agreement), settling the financial obligations of the Club towards the Player until August
2023.
5.
On 27 May 2024, the parties signed a second agreement (hereinafter: the Second
Agreement), settling the Player’s salary for February 2024 in the amount of EUR 5,000.
6.
On the same day, i.e. 27 May 2024, the parties agreed to terminate the Contract
(hereinafter: the Termination Agreement), which reads as follows:
“[…] Article 1
Subject
The parties agree to have concluded all obligations towards the player for their entire working
relationship and contract duration until May 2024.
The player has been paid in full by the club until February 2024 (as referred to in the payment
order dated 27.05.2024) Also the player will be paid in full by the club until May 2024, except
the values per article 3, paragraph 4.
Article 2
The Status of the Player
1. By signing this agreement, the player accepts the above indisputably.
Article 3
Declarations
1. By signing this agreement, the player waives all the rights he has towards the Club and
declares that he has no financial, legal, or administrative claim for the employment period
with the Club until May 2024.
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REF. FPSD-15220
2. By signing this agreement, the player accepts to withdraw any judicial claim towards the
Club and to refrain from any future judicial proceedings against the Club for all his contract
duration until May 2024.
3. By signing this agreement, we acknowledge that the player expressly waives any amount and
any other claim arising from the contract.
4. The club owes the player only 17,000 (seventeen thousand) Euros until 30.06.2024. With the
payment of this amount, the player agrees to withdraw and refrain from any judicial claims
and proceeding towards the Club and any future proceedings against the Club for all his
contract duration.
5. The club will pay the player 17,000 (seventeen thousand) Euros in two installments [sic]. The
first installment [sic] on the 15th of June 2024 in the total sum of 9,000 (nine thousand)
euros and the second installment [sic] on the 30th of June 2024 in the total sum of 8,000
(eight thousand) euros.
6. If the club pays the above installments [sic] before the given dates, the player will notify the
club via email that he has received all the amounts due to him by the club.
[…]
Article 6
Miscellaneous
1. This agreement supersedes all previous agreements between the parties, both oral and/or
written. Any amendment to this agreement shall be in written form, signed by both parties
and will be attached to this document. It is ruled out any verbal change. […]”
II. Proceedings before FIFA
7.
On 12 July 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is detailed below.
a. Position of the Claimant
8.
According to the Claimant, he was forced to sign the Termination Agreement.
9.
In addition, the Player stated that the Club failed to pay the first instalment of the
Termination Agreement, corresponding to EUR 9,000. Therefore, it is the position of the
Claimant that the Termination Agreement must be considered null and void since it was
never fulfilled by the Club. Consequently, the Player argued that the salaries for the months
of September 2023 to May 2024 are outstanding, as well as the amounts corresponding to
housing allowances and the Player’s flight ticket to return to Brazil.
10. Considering the above, the requests for relief of the Claimant, were the following:
“a) Establish that the employment contract signed between the parties are valid and binding to
booth [sic] parties;
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REF. FPSD-15220
b) Establish that the agreement signed, on 27/05/2024, between KLUBI I FUTBOLLIT TIRANA and
MR. PATRICK ROBSON DE SOUZA MONTEIRO must be considered null and void;
c) Condemn KLUBI I FUTBOLLIT TIRANA to pay to MR. PATRICK ROBSON DE SOUZA MONTEIRO,
the late values from the second period of the contract as salary, correspondent a 04 (four)
months from September 2023, October 2023, November 2023, December 2023, January 2024,
March 2024, April 2024 and May of 2024, each salaries in the amount of 5.454,00 € (five
thousand, four hundred and fifty four euros), that summed up to the total value of 43.632,00 €
(forty-three thousand, six hundred and thirty-two euros);
d) Condemn KLUBI I FUTBOLLIT TIRANA to pay to MR. PATRICK ROBSON DE SOUZA MONTEIRO,
the remaining balance of 454.00 € (four hundred fifty-four euros) from the February 2024 salary;
e) Condemn KLUBI I FUTBOLLIT TIRANA to pay to MR. PATRICK ROBSON DE SOUZA MONTEIRO a
compensation amount of 65.000,00 € (sixty five thousand euros), half of the intire [sic] contract,
for all the image and moral damages suffered by the latter, as a consequence of its unlawful
contractual breaches during the Protected Period in the matter at hand;
f) Condemn KLUBI I FUTBOLLIT TIRANA to refund MR. PATRICK ROBSON DE SOUZA MONTEIRO
the amount of the airline tickets round back to Brazil, according to the contract, in the value of
1.500,00 € (one thousand
and five hundred euros);
g) Condemn KLUBI I FUTBOLLIT TIRANA to pay to MR. PATRICK ROBSON DE SOUZA MONTEIRO a
refund of the agreed-upon housing allowance of 200,00 € (two hundred euros) per month,
according to the contract, for the entire contract duration of 24 (twenty-four) months, totaling
[sic] 4.800,00 € (four thousand eight hundred euros);
h) Condemn KLUBI I FUTBOLLIT TIRANA to pay interest at the rate of 5% per year since the
moment the due amount became outstanding;
i) Condemn KLUBI I FUTBOLLIT TIRANA to bear, as the sole responsible for the present procedure,
the eventual legal expenses incurred by MR. PATRICK ROBSON DE SOUZA MONTEIRO in the
matter at hand;”
b. Position of the Respondent
11. According to the Respondent, it had paid the Claimant EUR 4,000 on 21 June 2024 and
acknowledged that it still owed the Claimant EUR 13,000 according to the Termination
Agreement.
pg. 5
REF. FPSD-15220
c. Claimant’s comments concerning the alleged payment
12. Upon request of the FIFA general secretariat, the Claimant provided his comments in reply
to the Respondent’s allegations of payment. In particular, the Claimant acknowledged that
a payment of EUR 4,000 was made by the Respondent on 21 June 2024, but argued that
the first instalment of the Termination Agreement, in the amount of EUR 9,000, was due
on 15 June 2024. Therefore, the Club breached the Termination Agreement, by failing to
make the payment on time and by failing to pay the full amount due.
13. Considering the foregoing, the Claimant reiterated that the Termination Agreement should
be considered null and void and requested that the Respondent be ordered to pay the full
original amounts owed, minus the EUR 4,000 already paid.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. First of all, the Dispute Resolution Chamber (hereinafter: the 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 12 July 2024 and submitted for decision on
12 November 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.
15. Furthermore, 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 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (October 2024 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 Brazilian player
and an Albanian club.
16. 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 2024 edition), and
considering that the present claim was lodged on 12 July 2024, the June 2024 edition of
said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
17. 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
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REF. FPSD-15220
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. Merits of the dispute
18. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned 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
assessing the matter at hand.
i. Main legal discussion and considerations
19. The Chamber then moved to the substance of the matter, and took note of the fact that,
according to the Claimant, the Respondent forced him to sign the Termination Agreement
and then failed to comply with its terms, which should result in its nullity and the Contract
must be considered valid and binding on the parties.
20. In addition, the Chamber noted that the Respondent acknowledged a debt of EUR 13,000
towards the Claimant pursuant to the Termination Agreement.
21. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, the validity of the Termination Agreement, and if it is
indeed valid, whether the Respondent had a valid justification for not having complied with
its financial obligations thereunder.
22. The Chamber first turned to the events of 27 May 2024 and noted that the parties did not
dispute the fact that they signed the Termination Agreement on that date.
23. Regarding the content of the Termination Agreement, the Chamber outlined that the mere
signature of the document is not sufficient to ensure its enforceability. In particular, the
DRC recalled its constant jurisprudence as well as the CAS jurisprudence on the subject,
which establishes that, in concrete terms, to assess whether a transaction is permissible,
the court/deciding body is required to conduct a balancing of interests, checking whether
the mutual claims waived by each party are of comparable value. Put differently, whether
there is an appropriate equivalence between the parties’ reciprocal concessions, especially
when a waiver is included in the relevant document.
24. In this respect, the Chamber determined that the Settlement Agreement established
reciprocal concessions of comparable importance between the parties and that there is no
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REF. FPSD-15220
concern for a waiver from the Player for salaries deriving from work performed, as the
Termination Agreement stipulated that the Player had been paid in full until February 2024
and its value, i.e. EUR 17,000, covered the outstanding monthly salaries for March, April
and May 2024. Therefore, it seemed to the Chamber that the parties found a compromise
via the Settlement Agreement.
25. The Chamber subsequently examined the existence of the alleged duress and noted that
any claim of duress needs to be proven to the requisite degree, and that a signed
Termination Agreement is binding on the parties unless there is convincing evidence to the
contrary. In this regard, the Chamber concluded that, in the absence of clear evidence to
the contrary, the Contract was mutually terminated according to the Termination
Agreement. Consequently, the Chamber determined that the Player did not meet his
burden of proof in line with art. 13, par. 5 of the Procedural Rules, hence his argumentation
in this regard should be set aside.
26. In addition, the Chamber considered that the Termination Agreement superseded the
Contract, as it was freely concluded by them and was partially executed by the Club.
27. On account on the above, the Chamber decided that the Termination Agreement is valid
and binding upon the parties.
28. In continuation, the Chamber noted that the Club did not provide a valid reason for nonpayment of the monies claimed by the Player and is therefore not exempted from its
obligation to fulfil its contractual obligations according to the Termination Agreement. In
fact, the Chamber found that the evidence provided by the Club only proves the partial
payment of the amounts of the Termination Agreement claimed as outstanding by the
Claimant.
29. 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 for the consequences thereof.
ii. Consequences
30. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of the Termination Agreement committed by the
Respondent.
31. The Chamber observed that the financial obligations deemed as outstanding in the present
case amounts to EUR 13,000, which corresponds to part of the first instalment of the
Termination Agreement, as well as the second instalment of the Termination Agreement.
32. 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 amounts
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REF. FPSD-15220
which are outstanding under the Termination Agreement. In particular, the Chamber
decided to award the Player the remaining value of the first instalment of the Termination
Agreement, totalling EUR 5,000, as well as the second instalment of the Termination
Agreement amounting to EUR 8,000.
33. 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 of EUR 5,000 and EUR 8,000 as from 16 June 2024
and 1 July 2024 respectively until the date of effective payment.
iii. Compliance with monetary decisions
34. 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.
35. 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.
36. 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.
37. 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.
38. 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
39. 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,
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REF. FPSD-15220
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
40. 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.
41. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-15220
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Patrick Robson De Souza Monteiro, is partially accepted.
2.
The Respondent, Tirana, must pay to the Claimant the following amounts:
- EUR 5,000 as outstanding amount plus 5% interest p.a. as from 16 June 2024 until the
date of effective payment; and
- EUR 8,000 as outstanding amount 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.
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-15220
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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