Labour Disputes
Texto da decisão
REF. FPSD-14361
Decision of the
Dispute Resolution Chamber
passed on 24 July 2024
regarding an employment-related dispute concerning the player Cheick
Tidiane Diabate
BY:
Angela COLLINS (Australia), Single Judge
CLAIMANT:
Cheick Tidiane Diabate, France
Represented by Pinar Yuzer
RESPONDENT:
Persepolis FC, Iran
pg. 2
REF. FPSD-14361
I. Facts of the case
1.
On 3 September 2022 the French Player Cheick Tidiane Diabate (hereinafter the Claimant
or Player) and Iranian club Persepolis FC (hereinafter the Respondent or Club) concluded an
employment contract (hereinafter the Contract), valid as from 3 September 2022 until the
end of the 2022/2023 sporting season.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant, inter
alia, the following payments:
“The total value of the contract for the whole season of 2022 – 2023, is USD 375 000 (Three
Hundred Seventy Thousand Dollars)
The amount of USD 70,000 (Seventy Thousand Dollars) will be paid to the player after the
issuance of the ITC and medical test at Iran Football Federation Medical Center (IFMARK), as the
first installment but if the player fails in the medical tests then this contract will be void and null.
The remaining amount of the contract, namely, the amount of three hundred and five thousand
dollars will be paid to the player in give equal installments, (each installment USD 61,000
dollars), during the season with the below payment plan :
On 01/10/2022 the club pays the amount of USD 61 000 to the player
On 01/12/2022 the club pays the amount of USD 61 000 to the player
On 01/02/2023 the club pays the amount of USD 61 000 to the player
On 01/04/2023 the club pays the amount of USD 61 000 to the player
On 01/06/2023 the club pays the amount of USD 61 000 to the player
Along with the first payment to the player, 10% of the contract Value (USD 37,500) will be paid
to the player’s agent as the agent fee (Commission) and this amount will be paid to the player
in addition to the player’s first payment and the player will transfer it to the agent.
BONUSES
If player scores 5 Goals in Iran League, he will receive USD 20,000 as bonus.
If player scores 10 Goals in Iran League, he will receive USD 40,000 as bonus.
If the player is Top Goal Scorer of Iran League, then he will receive USD 30,000 as bonus.
For each participation in official matches, USD 1000 will be paid to the player as bonus.
In case of league championship, the amount of USD 20,000 will be paid to the player as bonus.
In case of championship in Hafzi cup, the amount of USD 5,000 will be paid to the player as
bonus.
In case of ACL championship, the amount of USD 30,000 will be paid to the player as bonus.
Note 3: Payments will be made in USD in cash to the player or his legal representative in Iran or
Dubai.”
pg. 3
REF. FPSD-14361
3.
With regard to the bonuses, the Contract further provided as follows:
“Payment of any bonuses to player is subject to official policy and regulation of the Club.”
II. Proceedings before FIFA
4.
On 11 April 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
5.
According to the Claimant, the Respondent failed to pay the Claimant remuneration in the
amount of USD 150,500.
6.
The requests for relief of the Claimant were the following:
“CONDAMNER PERSEPOLIS FC au versement de 150 000 $ (cent cinquante mille cinq cent
dollars) à M. DIABATE majore des intérêts à compter de la date due pour chaque somme.”
Free translation to English:
“ORDER PERSEPOLIS FC to pay Mr. DIABATE $150,500 (one hundred and fifty thousand five
hundred dollars) plus interest from the due date for each amount.”
7.
The Claimant alleges that the following payments were due to him under the Contract:
-
8.
USD 70,000 signing bonus
USD 37,500 agent fee
USD 61,000 1 October 2022 salary
USD 61,000 1 December 2022 salary
USD 61,000 1 February 2023 salary
USD 61,000 1 April 2023 salary
USD 61,000 1 June 2023 salary
USD 20,000 bonus for champion title
The Claimant submits that the following payments remain unpaid:
-
USD 8,500 representing a portion of the February 2023 salary
USD 61,000 representing April 2023’s salary
USD 61,000 representing June 2023’s salary
USD 20,000 for the championship title bonus
pg. 4
REF. FPSD-14361
9.
In support of the championship title, the Claimant submitted inter alia excerpts of
webpages showing the Respondent club at the top of the Iranian Professional League for
the 2022/2023 season, winning the 2022/2023 Hazfi Cup, and at the top of the Persian Gulf
Pro League.
b. Position of the Respondent
10. The Respondent requested that the claim be dismissed.
11. According to the Respondent, the Claimant failed to provide a clear, legible copy of the
Contract.
12. The Respondent further referenced a “Letter of Interest” which was included in the
Claimant’s submission and argued that such letter should be disregarded because it was
superseded by the Contract concluded 3 September 2022.
13. The foregoing notwithstanding, the Respondent claimed that it fulfilled “ALMOST, all
conditions mentioned in the letter of interest.”
14. The Respondent proceeded to argue that only the total value of USD 375,000 was owed
pursuant to art. 7 of the Contract.
15. The Respondent asserted that USD 37,500 was payable to the agent of the Claimant and
therefore the Claimant could not claim the amount as unpaid.
16. The Respondent stated that the Claimant failed to attach receipts in support of the
Claimant’s assertion that he only received USD 282,000, that this claim was wrong, and
further, that the Claimant failed to prove this claim.
17. Moreover, the Respondent alleged that all amounts in the Contract are net, not gross.
18. The Respondent noted that the Claimant “was supposed to provide with the club the tax
settlement, issued by the Iran Tax Organization, and in case he did not mean to stay in Iran, he
should have appointed a legal representative to run tax process on behalf of him, therefore after
the early termination, the player has not fulfilled his obligation towards the club.”
pg. 5
REF. FPSD-14361
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
19. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the 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 11 April 2024 and submitted
for decision on 24 July 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.
20. Furthermore, 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 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (June 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 French player and an Iranian club.
21. 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 (June 2024 edition), and
considering that the present claim was lodged on 11 April 2024, the February 2024 edition
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
b. Burden of proof
22. 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 she 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
23. Having established the competence and the applicable regulations, 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 assessing the matter at hand.
pg. 6
REF. FPSD-14361
i. Main legal discussion and considerations
24. The Single Judge then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute that the Respondent owes outstanding remuneration to the
Claimant.
25. In this context, the Single Judge acknowledged that it its task was to determine whether the
Claimant established that a valid Contract existed between the parties and that the
Respondent failed to meet any of its financial obligations under the Contract.
26. The Single Judge took note that Claimant submitted that several salaries went unpaid by
the Club, as well as a championship bonus.
27. The Single Judge then observed that the Claimant submitted a valid Contract between the
parties, and a copy thereof was available in TMS, pursuant to which salaries were due, inter
alia, in February, April, and June.
28. Next, the Single Judge recalled that the Claimant also provided evidence that the
Respondent club appeared in and won the Hafzi Cup, as well as achieved top rank in the
Iranian Pro League. Accordingly, the Single Judge determined that the bonus “In case of
league championship, in the amount of USD 20,000” was triggered under the Contract. The
Single Judge highlighted that the Respondent claimed only USD 375,000 was owed in total
under the Contract, which excluded the bonuses stipulated therein.
29. The Single Judge further recalled that the Respondent disputed the Claimant’s assertion
that USD only 282,000 were paid but failed to provide any evidence of amounts paid to the
Claimant. In this respect, the Single Judge referred to longstanding jurisprudence of the
DRC which provides that it is impossible to prove the absence of a payment, and therefore
the burden of proof rests with the Respondent to demonstrate that it fulfilled its financial
obligations.
30. Furthermore, the Single Judge took note of the Respondent’s argument that the amounts
paid to Claimant were taxed, but the Single Judge observed that the Respondent did not
specify whether the club paid the full salaries to the Claimant, nor did it provide
documentation of the gross payments that were alleged by the Claimant to be outstanding.
31. In light of the foregoing, the Single Judge determined that the Claimant provided support
that the Respondent owed remuneration under the Contract, whereas the Respondent
failed to show that it met its financial obligations under said Contract. Therefore, by virtue
of the principle of pacta sunt servanda, the Single Judge concluded that the Respondent
shall be liable to pay the outstanding remuneration pursuant to the Contract.
ii. Consequences
pg. 7
REF. FPSD-14361
32. 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.
33. The Single Judge observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the player, are equivalent to two full salaries
of USD 61,000 each, a partial salary of USD 8,500, and a bonus of USD 20,000 under the
Contract.
34. 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
which were outstanding under the Contract at the moment of the termination, i.e., USD
150,500.
35. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Dispute Resolution 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 each respective due
date on the awarded salaries until the date of effective payment.
36. On the awarded bonus, the Single Judge took note that there was no due date stipulated
for the bonus in the Contract and that the Contract itself was set to expire at the end of the
2022/2023 sporting season. In this sense, the Single Judge also noted that, according to the
information available on TMS, the 2022/2023 sporting season in Iran concluded 20 May
2023. Considering the foregoing, and because the season concluded prior to the date on
which the last payment of the Contract fell due (i.e., 2 June 2024), the Single Judge reverted
to the consistent practice of the Dispute Resolution Chamber on this subject and awarded
interest on the bonus payment as from 2 June 2024.
iii. Compliance with monetary decisions
37. 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.
38. 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.
39. 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
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REF. FPSD-14361
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.
40. 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.
41. 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
42. 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.
43. 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.
44. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 9
REF. FPSD-14361
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Cheick Tidiane Diabate, is partially accepted.
2.
The Respondent, Persepolis FC, must pay to the Claimant the following amount(s):
- USD 8,500 as outstanding remuneration plus 5% interest p.a. as from 2 February 2023
until the date of effective payment;
- USD 61,000 as outstanding remuneration plus 5% interest p.a. as from 2 April 2023 until
the date of effective payment;
- USD 61,000 as outstanding remuneration plus 5% interest p.a. as from 2 June 2023 until
the date of effective payment;
- USD 20,000 as outstanding remuneration plus 5% interest p.a. as from 2 June 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
pg. 10
REF. FPSD-14361
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
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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
pg. 11