Labour Disputes
Texto da decisão
REF. FPSD-11912
Decision of the
Dispute Resolution Chamber
passed on 12 January 2024
regarding an employment-related dispute concerning
the player Francisco Diece de Oliveira Pereira
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Gonzalo DE MEDINILLA (Spain), member
Alejandro ATILIO TARABORELLI (Argentina), member
CLAIMANT:
Francisco Diece de Oliveira Pereira, Brazil
Represented by Alberto Roige Godia
RESPONDENT:
SK Interobal Plzen, Czech Republic
pg. 2
REF. FPSD-11912
I. Facts of the case
1.
The parties to the present case are:
-
The Brazilian futsal player, Francisco Diece de Oliveira Pereira (hereinafter: the player
or the Claimant); and
-
The Czech futsal club, SK Interobal Plzen (hereinafter: the club or the Respondent).
2.
On 13 December 2012, the player and a representative of the club, Mr Jakub Hodek
(hereinafter: Mr Hodek), held a discussion via the application WhatsApp, in which Mr Hodek
made the following offer to the player: “Our offer Salary: 2200 euro/month Free housing
Tickets to the Czech Republic and back to Brazil after the season Title = contract extension for
another season”
3.
On 2 January 2023, the player and the club concluded an employment contract and its
Annex 1 (hereinafter: the contract).
4.
According to the contract, the Respondent undertook to pay the Claimant a monthly salary
of EUR 2,200, payable on the 15th day of the following month.
5.
Clause 8 of the contract reads as follows:
“1. The Contract is concluded for a fixed period, from 11.1.2023 to 31.5.2023.
2. The Contracting Parties are entitled to exercise the right of option to extend this
Contract by 1 year, by delivering a written notice of the extension of this Contract to
the other Contracting Party (hereinafter referred to as the "Right of Option"); the
Contracting Parties are obliged to exercise the Right of Option according to the
previous sentence not later than 30 days before the end of the validity of this
Contract”.
6.
In accordance with a medical certificate issued on 31 May 2023, the player suffered a knee
injury on 2 May 2023.
7.
In accordance with the evidence provided by the player, the club finished in the first
position of the “1.Futsal Liga” in the season 2022/2023.
8.
On 15 June 2023, the player and Mr Hodek conducted a conversation via the application
WhatsApp, in which the player asked about the payment of his salary and whether he
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REF. FPSD-11912
would receive a bonus for winning the championship, to which Mr Hodek replied that the
salary would be paid and that there would be no bonus.
9.
On 14 and 15 June 2023 and on 22 June 2023, the player and the president of the club, Mr.
Radek Lobo (hereinafter: Mr Radek) held discussions via the application WhatsApp in which
the player informed Mr Radek of the medical test and results he had regarding his knee
injury.
10. Between 25 June and 20 July 2023, the player and Mr Radek continued their conversations
via the application WhatsApp, in which the player asked the club, as he had been injured
during a club match, to help him pay for the operation, as he had no money for it and would
be out of work for a long time, to which Mr Radek told the player that he was looking for a
solution.
11. On 27 July 2023, the player and Mr Radek had the following discussions via the application
WhatsApp:
“[27/07/2023 04:49:17] [Mr Radek]: Hello Diece, it’s very difficult. You need 4.000,Eur. It’s a lot of money. Our club paid to you whole salary according the contract. Now
you are free player and we are not sure that after surgery you will be able to play.
[27/07/2023 04:54:36] [Mr Radek]: I think we need plan how to do this. You can sign
contract with our club and when you start in winter play we can deduct the money for
surgery monthly from salary. And when you can’t play and for example start working
as player’s agent you will pay us this money back in your services for ou club.
[27/07/2023 04:54:49] [Mr Radek] : What do you think about this?
[27/07/2023 06:07:26] [the player]: Good morning, President, I hurt playing for the
club, I took injection to help the club ended up making the injury worse
[27/07/2023 06:08:02] [the player]: When we sat down to talk to you and the coach
said you were gonna help me
[27/07/2023 06:09:16] [the player]: I arrived at the club 100% healthy and I’m leaving
the club with the serious knee injury
[27/07/2023 06:14:55] [the player]: At FIFA, the club can’t release the athlete with a
serious injury, especially the athlete taking injection to play the finals to get the club’s
goal
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REF. FPSD-11912
[27/07/2023 06:22:40] [Mr Radek]: Hello Diece it was not the best reaktion on my
offer.”
12. On 26 July 2023, the player and Mr Hodek held inter alia the following discussions via the
application WhatsApp (quoted verbatim):
“[26/07/2023 14:06:20] [the player]: Good afternoon, buddy, I am tenas I speak to
the president about the surgery I need to do to get back to play, but he’s not answering
anymore, I need to do the surgery in August to get back in February to play, I’m worried
why I’m spending all my money on treatment, and I don’t have a club answer
[26/07/2023 14:20:36] [Mr Hodek]: Hello Diece, what is my last message from the
president who is now on vacation. That if everything goes as it should and in February,
the club doctor would say that you can start the match.
So you would be offered a contract again until the end of the year. We can’t sign
anything at this time until we know something about your health.
[26/07/2023 14:22:11] [the player]: All right, buddy, I need to do the surgery in August
for February I’m ready
[26/07/2023 14:23:14] [Mr Hodek]: Ok, everything has to be confirmed by our club
doctor.
[26/07/2023 14:23:25] [the player]: I need to do the surgery, the president said he
was gonna help me, but until the moment he doesn’t answer the messages, if he does
the surgery in August in February already I should be playing
[26/07/2023 14:24:09] [the player]: The club doctor said I can’t do the surgery in the
Czech Republic because I don’t have insurance
[26/07/2023 14:24:13] [Mr Hodek]: As I wrote to you, they are now on vacation and
will return at the beginning of August.”
13. On 2 August 2023, the player sent a letter to the club stating that the contract would be
automatically extended until 31 May 2024 in view of the club’s championship title on 19
May 2023, as agreed between the player and Mr Hodek on 13 December 2022. In addition,
the player requested payment of his salaries for June and July 2023.
14. On 23 August 2023, the club replied to the player stating that the contract had not been
extended as the option had not been exercised by the player and that the club was not
obliged to pay any salary, medical expenses, or other payments.
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REF. FPSD-11912
II. Proceedings before FIFA
15. On 23 September 2023, 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
16. In his claim, the player stated that the contract was extended because (i) the club promised
to extend the contract for another year if the club won the championship in the season
2022/2023, according to the WhatsApp discussions between the player and Mr Hodek; and
(ii) the club won the championship on 19 May 2023.
17. In addition, the player stated that the club initially considered extending the contract.
However, after recognising the seriousness of the player’s injury, it decided to withdraw
the extension and informed the player on 23 August 2023 that the contract was no longer
in force. Therefore, by this letter, the contract was terminated without just cause and the
player is entitled to outstanding remuneration and compensation.
18. It must be noted that the player has not claimed any amounts regarding his medical
expenses incurred in connection with the injury suffered in early May 2023.
19. The player requested the following relief:
“I. The claim filed by Mr Francisco Diece de Oliveira Pereira before FIFA against SK
Interobal Plzen s.r.o. is admissible and upheld.
II. SK Interobal Plzen s.r.o. is condemned to pay Mr Francisco Diece de Oliveira
Pereira outstanding remuneration of EUR 6’032 (six thousand thirty-two euros)
plus 5% interest p.a. from 15 July 2023 on EUR 2’200, from 15 August 2023 on EUR
2’200 and from 23 August 2023 on 1’632 until the date of full and effective
payment.
III. SK Interobal Plzen s.r.o. is condemned to pay Mr Francisco Diece de Oliveira
Pereira compensation and damages, including specificity for sport, in the amount
of EUR 33’497 (thirty-three thousand four hundred ninety-seven euros) plus 5%
interest p.a. from 23 August 2023 until the date of full and effective payment.
IV. SK Interobal Plzen s.r.o. is sanctioned pursuant to article 17(4) of the FIFA RSTP.
V. SK Interobal Plzen s.r.o. shall bear any and all the possible costs of this
procedure.”
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REF. FPSD-11912
b. Position of the Respondent
20. In its reply, the club indicated the following:
“The Club does not agree with the statement of the former Player regarding the
extension of the contractual relationship between the Player and the Club. If an
option were to be exercised, this would have to be done in writing and respecting
the time limit. The Player did not exercise any rights under the option in writing
and certainly not in time. There was no concrete expression of intent on the part
of the Club to extend the contract consisting of a proposal in any form, which
should have been sent either by post or by e-mail, which is the only permissible
form under FIFA regulations or the relevant case-law. If stated otherwise, the Player
should provide evidence for his statements.
The Club has signed a professional contract with the Player for a fixed term from
11 January 2023 to [31 May] 2023. The professional contract is governed by Czech
law. According to Article VIII, paragraph 2 of the professional contract (attachment
1) that the Player concluded with our Club, it is possible to extend the contract by
one year only with a written amendment delivered by one of the parties to the
other party. No other possibility to extend the contract is mentioned in the
contract, and thus we cannot admit the Player verbal claim or WhatsApp
communication.
Our statement is also supported by the FIFA RSTP document, which states in Annex
4 Article 6(3) that the former club must offer the player a contract in writing via
registered post at least 60 days before the expiry of his current contract. Contract
offer may be made by electronic mail, but even in this case the player did not
request the extension of the contract by electronic mail either.
The contractual relationship between the Club and the Player does not continue
and the club is not obliged to pay the Player’s salary, medical expenses or any other
payments in connection with this.”
pg. 7
REF. FPSD-11912
III. CONSIDERATIONS of the Dispute Resolution Chamber
a. Competence and applicable legal framework
21. 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 23 September 2023 and
submitted for decision on 12 January 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.
22. 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 par. 1 lit. b)
of the Regulations on the Status and Transfer of Players (May 2023 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 a Czech club.
23. 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 (May 2023 edition), and
considering that the present claim was lodged on 23 September 2023, the May 2023 edition
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
b. Burden of proof
24. 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. Merits of the dispute
25. 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 above-mentioned facts as well as the arguments and the
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REF. FPSD-11912
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
26. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that the parties strongly dispute the one-year extension
of the contract and its consequences.
27. In this context, the Chamber acknowledged that its task was to analyse whether the
extension had been triggered. In this regard, the Chamber took note of the evidence on file
and noted that :
-
On 13 December 2022, Mr Hodek sent the following offer to the player “Our offer
Salary: 2200 euro/month Free housing Tickets to the Czech Republic and back to Brazil
after the season Title = contract extension for another season”; and
-
On 2 January 2023, the parties signed the contract in which the following
extension clause (cf. clause 8.2 of the contract) was included:
“2. The Contracting Parties are entitled to exercise the right of option to
extend this Contract by 1 year, by delivering a written notice of the extension
of this Contract to the other Contracting Party (hereinafter referred to as the
"Right of Option"); the Contracting Parties are obliged to exercise the Right of
Option according to the previous sentence not later than 30 days before the
end of the validity of this Contract” (emphasis added).
28. The Chamber, as a preliminary point, wished to mention that in the case at hand the
contract superseded the previous offer/discussions the parties had had. Therefore, the
Chamber considered that the document at the basis of this employment relationship was
the contract signed on 2 January 2023 and consequently any offer made by the club’s
representative prior to the contract was immaterial to the outcome of the dispute.
29. In continuation, the Chamber analysed clause 2 of the contract, which contained the oneyear extension option. In doing so, the DRC noted that in order for the contract to be
extended, the following condition had to take place: between 29 April 2023 and 30 May
2023, a party would have to send a written notice to the counterparty manifesting the
extension per the clause in question.
30. As per the evidence on file, however, the Chamber remarked that no evidence was
presented in order to fulfil this condition. Equally, the file did not contain any proof of
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REF. FPSD-11912
acceptance (by either party) to the effect that the contract was extended. Therefore, the
Chamber concluded that the contract was not extended, and it expired naturally, on 31
May 2023. Consequently, the player’s claim lacked contractual basis. Accordingly, the
Chamber found that it must be entirely rejected.
d. Costs
31. 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.
32. 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.
33. 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-11912
IV. DECISION of the Dispute Resolution Chamber
1.
The claim of the Claimant, Francisco Diece de Oliveira Pereira, is rejected.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-11912
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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