DRC Overdue Payables
Texto da decisão
REF. FPSD-18110
Decision of the
Dispute Resolution Chamber
passed on 30 April 2025
regarding an employment-related dispute concerning the player Jovan Dokic
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Roy VERMEER (The Netherlands), Member
Andre DOS SANTOS MEGALE (Brazil), Member
CLAIMANT:
Jovan Dokic, Serbia
Represented by Berlin Sports Law
RESPONDENT:
Navbakhor Lochinlari Football Club, Uzbekistan
pg. 2
REF. FPSD-18110
I. Facts of the case
1.
On 5 January 2024, the Serbian player Jovan Dokic (hereinafter: the Claimant or the Player)
and the Uzbek club Navbakhor Lochinlari Football Club (hereinafter: the Respondent or the
Club) concluded an employment contract (hereinafter: the Contract) valid as from its date
of signature until 31 December 2024.
2.
In accordance with article 9 of the Contract, the Respondent undertook to pay to the
Claimant as follows:
“9.1. The employee is entitled for a monthly salary in the amount of 5 600 000 (five million six
hundred thousand) UZS.
According to the tax laws of the Republic of Uzbekistan, the monthly salary is subject to taxation
as established in the legislation.
9.2. In order to reward the work of the Employee, the Employer establishes bonus in the amount
of 195 200 (one hundred ninety-five thousand two hundred) US dollars net for the entire contract
period, which will be paid in equal installments [sic] of 16 267 (sixteen thousand two hundred
sixty seven [sic]) US dollars net monthly along with the Employee’s salary specified in clause 9.1
to the Employee’s bank account in Uzbekistan.
The payments specified in clause 9.2 payments will be paid in the national currency at the
exchange rate of the Central Bank of the Republic of Uzbekistan on the day of payment. All
payments will be made in Uzbekistan.
9.3 According to the decision of the Employer and the procedure for the payment of bonus funds,
the Employee may be additionally rewarded for the success achieved. The amount of bonuses is
from 7 000 000 to 30 000 000 UZS according to the report of the head coach.
9.4. The procedure for issuing bonus amounts is determined by the following indicators: listen
in the starting line-up, up to 100%, fielded as a substitution, when the number of played minutes
exceeds the number of played minutes of a replaced player – up to 100%, benched as
substitution, when the number of played minutes are less than then number of minutes played
by the replaced player – up to 70%, fielded as a substitution, when the number of played minutes
does not exceed the number of minutes played by the replaced football player is up to 70%, and
if only listen in the match list, up to 50%.
9.5 In order to encourage the Employee, the Employer establishes a one-time bonus in the
amount of 10 000 (ten thousand) US dollars net, if the Team according to the results of the
Championship of Uzbekisian-2024 takes 1st place in the standings.
9.6. Also establishes a one-time bonus in the amount of 10 000 (ten thousand) US dollars net, if
the Team becomes the owner of the Cup of Uzbekistan-2024. […]”
pg. 3
REF. FPSD-18110
3.
In addition, the Contract stipulated the following:
“The Employer pays the Employee five air tickets during the period of contract (NamanganSerbia-Namangan).”
4.
On 12 January 2025, the Claimant put the Respondent in default as follows:
“[…] I am writing to you to kindly request that the money due to me is paid. As you know, my
salary is USD 16.650 per month.
"NAVBAHOR LOCHINLARI PFC" LLC owes me the salaries for September, October, November and
Decembar [sic].
"NAVBAHOR LOCHINLARI PFC" LLC owes me the bonuses for matches with:
FC Buxoro 7.000.000 sum (2024)
FC Lokomotiv Tashent 7.000.000 sum (2024)
FC Metallurg Bekabad 7.000.000 sum (2024)
FC Dinamo Samarkand 7.000.000 sum (2024)
FC Pakhtakor 7.000.000 sum (2024)
FC Olympic 7.000.000 sum (2024)
FC Qizilqum 7.000.000 sum (2024)
"NAVBAHOR LOCHINLARI PFC" LLC owes me and money for 2 plane ticket in the amount 2.695
EUR (1.195+1.500).
Please transfer the money to the usual bank account on which you already made previous
payment, in the next 15 days. […]”
II. Proceedings before FIFA
5.
On 5 February 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Claimant
6.
The Claimant’s requests for relief were the following:
“a) Pay to the Claimant the amount of UZS 22,400,000 (twenty-two million and four hundred
thousand Uzbekistani Som) net as outstanding remuneration;
i. Pay to the Claimant 5% interest p.a. on the amount of UZS 5,600,000 net as of 30 September
2024, until the date of effective payment;
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REF. FPSD-18110
ii. Pay to the Claimant 5% interest p.a. on the amount of UZS 5,600,000 net as of 31 October
2024, until the date of effective payment;
iii. Pay to the Claimant 5% interest p.a. on the amount of UZS 5,600,000 net as of 30 November
2024, until the date of effective payment;
iv. Pay to the Claimant 5% interest p.a. on the amount of UZS 5,600,000 net as of 31 December
2024, until the date of effective payment.
b) Pay to the Claimant the amount of USD 65,068 (sixty-five thousand and sixty-eight US Dollars)
net as outstanding remuneration;
i. Pay to the Claimant 5% interest p.a. on the amount of USD 16,267 net as of 30 September
2024, until the date of effective payment;
ii. Pay to the Claimant 5% interest p.a. on the amount of USD 16,267 net as of 31 October 2024,
until the date of effective payment;
iii. Pay to the Claimant 5% interest p.a. on the amount of USD 16,267 net as of 30 November
2024, until the date of effective payment;
iv. Pay to the Claimant 5% interest p.a. on the amount of USD 16,267 net as of 31 December
2024, until the date of effective payment.
c) Pay to the Claimant the amount of UZS 49,000,000 (forty-nine million Uzbekistani Som) net as
outstanding bonuses;
i. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 05 July 2024 until
the date of effective payment;
ii. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 20 September 2024
until the date of effective payment;
iii. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 12 October 2024
until the date of effective payment;
iv. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 25 October 2024
until the date of effective payment;
v. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 02 November 2024
until the date of effective payment
vi. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 09 November 2024
until the date of effective payment;
pg. 5
REF. FPSD-18110
vii. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 22 November
2024 until the date of effective payment.
d) Pay to the Claimant the amount of UZS 19,461,938 (nineteen million four hundred and sixtyone thousand nine hundred and thirty-eight Uzbekistani Som) as reimbursement of air ticket;
i. Pay to the Claimant 5% interest p.a. on the amount of UZS 19,461,938 as of 23 November
2024, until the date of effective payment.”
b. Reply of the Respondent
7.
Despite being invited to do so, the Respondent failed to reply to the claim.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
8.
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 5 February 2025 and submitted for decision
on 30 April 2025. Taking into account the wording of art. 31 and 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.
9.
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 (hereinafter: the Regulations) (January
2025 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 Serbian player and an Uzbek club.
10. 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. 29 of the
Regulations, the January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
11. 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
pg. 6
REF. FPSD-18110
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
12. 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
13. The Chamber then moved to the substance of the matter, and took note of the fact that
the Claimant requested the payment of certain financial obligations by the Respondent as
per the Contract.
14. In particular, the Chamber noted that, according to the Player, the Club failed to remit the
following outstanding amounts:
-
UZS 22,400,000 net as the monthly remuneration from September 2024 to
December 2024 in accordance with article 9.1 of the Contract;
-
USD 65,068 net as the monthly remuneration from September 2024 to December
2024 in accordance with article 9.2 of the Contract;
-
UZS 49,000,000 net as outstanding bonuses in accordance with article 9.3 of the
Contract; and
-
UZS 19,461,938 as reimbursement of his flight ticket to return to Serbia in
accordance with the Contract.
15. In addition, the Chamber noted that the Club did not respond to the claim, entailing that
its decision must be made on the basis of the documentation on file, that is, the
argumentation and evidence filed by the Claimant in line with art. 14 par. 1 and 21, par. 1
of the Procedural Rules.
16. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
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REF. FPSD-18110
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
17. As a preliminary remark, the Chamber noted that, in the case at hand, the Respondent
bore the burden of proving that it indeed complied with the financial terms of the Contract
concluded between the parties. Nonetheless, the Chamber observed that the Respondent
failed to provide any evidence to prove the payment of the amounts claimed as
outstanding by the Claimant. Furthermore, the Chamber pointed out that no reasonable
justification was presented by the Respondent for not having complied with the terms of
the Contract. Therefore, the Chamber concluded that the Claimant is entitled to the
outstanding remuneration of UZS 22,400,000 and USD 65,068 net for the period from
September 2024 to December 2024.
18. In continuation, the Chamber recalled art. 13 par. 5 of the Procedural Rules, according to
which a party that asserts a fact has the burden of proving it. In this regard, the Chamber
held that the claim of the Player for match bonuses is not supported with the necessary
documentary evidence, namely the report of the head coach of the Club according to article
9.3 of the Contract. In fact, the Chamber considered that the Player failed to provide
sufficient evidence and clarity regarding the quantification of the respective bonuses
requested, nor how and when he became entitled to them.
19. Considering the foregoing, and in the absence of substantial evidence to demonstrate that
the Player was entitled to receive bonuses from UZS 7,000,000 to UZS 30,000,000 for
matches played and won, the Chamber decided to reject the claim of the Player for
outstanding bonuses.
20. In continuation, the Chamber recalled the following wording of the Contract:
“The Employer pays the Employee five air tickets during the period of contract (NamanganSerbia-Namangan).”
21. In view of the above and considering the evidence provided by the Player, the Chamber
observed that the latter is entitled to the reimbursement by the Club of the cost of his flight
ticket to return to Serbia, amounting to UZS 19,461,938.
22. Consequently, 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 to pay the Claimant the outstanding amounts deriving from the
Contract concluded between the parties, namely outstanding remuneration amounting to
UZS 22,400,000 and USD 65,068 net, as well as UZS 19,461,938 as reimbursement of the
aforementioned flight ticket.
pg. 8
REF. FPSD-18110
23. Lastly, taking into consideration the Claimant’s request as well as the constant practice of
the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
at the rate of 5% p.a. on the outstanding amounts as follows:
-
5% interest p.a. over the amount of USD 16,267 net as of 1 October 2024, until
the date of effective payment;
-
5% interest p.a. over the amount of UZS 5,600,000 as of 1 October 2024, until the
date of effective payment;
-
5% interest p.a. over the amount of USD 16,267 net as of 1 November 2024, until
the date of effective payment;
-
5% interest p.a. over the amount of UZS 5,600,000 as of 1 November 2024, until
the date of effective payment;
-
5% interest p.a. over the amount of UZS 19,461,938 as of 23 November 2024, until
the date of effective payment;
-
5% interest p.a. over the amount of USD 16,267 net as of 1 December 2024, until
the date of effective payment;
-
5% interest p.a. over the amount of UZS 5,600,000 as of 1 December 2024, until
the date of effective payment;
-
5% interest p.a. over the amount of USD 16,267 net as of 1 January 2025, until the
date of effective payment;
-
5% interest p.a. over the amount of UZS 5,600,000 as of 1 January 2025, until the
date of effective payment.
ii. Art. 12bis of the Regulations
24. The Chamber then referred to art.12bis par. 2 of the Regulations, which stipulates that any
club found to have delayed a due payment for more than 30 days without a prima facie
contractual basis may be sanctioned, in accordance with art. 12bis par. 4 of the Regulations.
25. To this end, the Chamber confirmed that the Claimant put the Respondent in default of
payment of the amounts sought, which had fallen due for more than 30 days, and granted
the Respondent with at least 10 days to cure such breach of contract.
26. Accordingly, the Chamber also confirmed that the Respondent had delayed a due payment
without a prima facie contractual basis. It followed that the criteria enshrined in art. 12bis
of the Regulations were met in the case at hand.
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REF. FPSD-18110
27. The Chamber further established that, by virtue of art. 12bis par. 4 of the Regulations the
Chamber has competence to impose sanctions on the club. On account of the above, and
bearing in mind that this is the first offense by the Respondent within the last two years,
the Chamber decided to impose a warning on the Respondent in accordance with art. 12bis
par. 4 lit. a) of the Regulations.
28. The Chamber also highlighted that a repeated offence will be considered as an aggravating
circumstance and lead to more severe penalty, in accordance with art. 12bis par. 6 of the
Regulations.
iii. Compliance with monetary decisions
29. 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.
30. 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.
31. 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.
32. 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.
33. 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
34. 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-18110
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
35. 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.
36. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 11
REF. FPSD-18110
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Jovan Dokic, is partially accepted.
2.
The Respondent, Navbakhor Lochinlari Football Club, must pay to the Claimant the
following amounts:
- UZS 22,400,000 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of UZS 5,600,000 as from 1 October 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of UZS 5,600,000 as from 1 November 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of UZS 5,600,000 as from 1 December 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of UZS 5,600,000 as from 1 January 2025 until the date
of effective payment.
- USD 65,068 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of USD 16,267 net as from 1 October 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 16,267 net as from 1 November 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 16,267 net as from 1 December 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 16,267 net as from 1 January 2025 until the
date of effective payment;
- UZS 19,461,938 as reimbursement for flight tickets plus 5% interest p.a. as from 23
November 2024 until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A warning is imposed on the Respondent.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
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.
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REF. FPSD-18110
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.
7.
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-18110
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 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., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION:
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396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 14