Labour Disputes
Texto da decisão
REF. FPSD-14391
Decision of the
Dispute Resolution Chamber
passed on 8 August 2024
regarding an employment-related dispute concerning the player
Victor Guilherme dos Santos Carvalho
BY:
Clifford J. HENDEL (USA), Chairperson
Roy VERMEER (The Netherlands), Member
Calum BEATTIE (Scotland), Member
CLAIMANT:
Victor Guilherme dos Santos Carvalho, Brazil
Represented by Cleiton Bernardes
RESPONDENT:
PSIS Semarang, Indonesia
Represented by Dev Kumar Parmar
pg. 2
REF. FPSD-14391
I. Facts of the case
1.
On 27 January 2023, the Brazilian player Victor Guilherme dos Santos Carvalho (hereinafter:
the Claimant or the Player) and the Indonesian club PSIS Semarang (hereinafter: the Club or
the Respondent) concluded an employment contract (hereinafter: the Contract) valid as
from 27 January 2023 until the end of the 2022-2023 season, and for the entire 2023-2024
season.
2.
According to information on the Transfer Match System (hereinafter: the TMS), the 20232024 season in Indonesia ended on 30 April 2024.
3.
In accordance with paragraphs 2 and 3 of article 3 of the Contract, the parties agreed as
follows:
“[…] 1 (one) month before this Agreement end [sic], the Parties have been obliged to agree in
regards [sic] to the status of the Agreement related with the extension or termination and its
status reported to League.
[…] If the Agreement in paragraph 2 on this article is not occurred, hence it is considered that
this Agreement is not extended anymore by the Parties then this Agreement end [sic] in
according to the term of the Agreement.”
4.
Regarding the value of the Contract, article 4 stipulated the following:
“The Parties agree upon the Value of the Agreement with the detail as follows:
1.1 .[…] Agreement Value:
•
[…] First year
: 18.000 USD
•
[…] Second year
: 135.000 USD
o Down payment
: 20.000 USD (payment until March 15th,
2023)
a. […] Payment of the Agreement Value minus the down payment paid monthly in the form of a
Monthly Salary of :
• […] First year
- […] written
: 4.000 USD (in February)
• […] in words
: […] Four thousand dollar [sic]
- […] written
: 7.000 USD (in March)
- […] In words
: […] Seven thousand dollar [sic]
- […] written
: 7.000 USD (in April)
- […] in words
: […] Seven thousand dollar [sic]
• […] Second year
- […] written
: 11.500 USD / Month
- […] in words
: […] Eleven
thousand and five hundred dollar [sic]
pg. 3
REF. FPSD-14391
b. […]
The duration of the contract is bound in the 2022/2023 half-season competition and one
2023/2024 season as scheduled by PT. Liga Indonesia Baru / PSSI.
1.2 […] Player Welfare Facility, thot is :
a. […] Accommodation, in form of:
,
[…] First year:
o
Simple apartment / house
o
[…] operational car
o
One (1) come and return economy flight ticket
(3 person for player and family)
,
[…] Second year:
o
Simple apartment / house; subsidi IDR
10.000.000
o
[…] operational car
o
One (1) come and return economy flight ticket
(3 person for player and family)
b. […] Health insurance for Player
c. […] KITAS atau VISA for player [sic]
d. […] Ticket for player (club will buy)
e. […] Providing of Player Welfare Facility conducted after:
[…] Player sign [sic] the contract.
f. […] Payment of Player Monthly Salary are paid on every:
[…] The 10th every month
[…] ( Salaries will be paid when the League 1 kick off officially begins)
g. […] Player Appreciation Bonus Payment paid on every:
[…] after the match in question
2. […] Payment of the Player Income conducted transfer to the Player Bank Account and with
the receipt of Salary Slip.
3. […] The value received by the Player is nominal value exclude taxes.
4. […] The income as mentioned in paragraph 1 [sic] this article will be remained paid to the
Player even though the Player in the certain period of time can not [sic] do his duties because
of:
a. […] Illness/Injury caused of the activity of the Player on the instruction or the insetting of the
Club.
b. […] The Player called by the National Team, unless because of other matter on the agreement
of the PSSI.
c. […] Other condition based on both parties [sic] agreement.”
(For the sake of efficiency, Indonesian text omitted, English text as in original.)
5.
Regarding the duties of the Club, article 6 of the Contract stipulated the following:
“1. […] Conduct welfare duty to the Player as follows;
pg. 4
REF. FPSD-14391
a. […] Income of the Player according as in Article 4 - The Value of the Agreement.
b. […] Appreciation Bonus according as [sic] Article 4 - Values of the Agreement
c. […] Welfare Facilities/Natural according as in Article 4 - Values of the Agreement.
d. […] Payment of income at the time the player is not able to do his duty because of sick or
having accident facing the Player when playing games or other cases because of the instruction
or the command of the Club.
[…]
3. […] Give health insurance in the form of Insurance or in the form of other protection to the
Player. […]”
(For the sake of efficiency, Indonesian text omitted, English text as in original.)
6.
On 17 February 2024, the Player sustained an injury during a training session with the Club.
7.
On 4 March 2024, the Claimant sent a formal notice to the Respondent and requested
surgical intervention and a subsequent recovery period.
8.
On 8 March 2024, the Claimant sent a second formal notice to the Respondent, outlining
the Club’s obligations in the Contract.
9.
On 14 March 2024, the Claimant sent a default notice to the Respondent, outlining the
outstanding salary payments owed to the Player and requesting that the Respondent
comply with its financial obligations in the amount of USD 21,897.50 by 24 March 2024.
10. On 14 March 2024, the Respondent remitted IDR 37,500,000 to the Claimant, which
corresponds to approximately USD 2,407.23 on that day.
11. On 14 March 2024, the Claimant sent a third formal notice to the Respondent, requesting
a second medical opinion, the extension of his Contract and settling any outstanding
financial obligations.
12. On 15 March 2024, the Claimant sent another formal notice to the Respondent, seeking
authorization for insurance coverage, which was granted.
13. On 22 March 2024, the Respondent remitted IDR 30,000,000 to the Claimant, which
corresponds to approximately USD 1,911.53 on that day.
14. On 22 March 2024, the Claimant sent another default notice to the Respondent, requesting
the outstanding financial obligations and the extension of the Contract prior to undergoing
surgery.
15. On 25 March 2024, the Claimant underwent surgery in Jakarta.
pg. 5
REF. FPSD-14391
16. On 27 March 2024, the Claimant sent another default notice to the Respondent, requesting
the Club to adhere to the previous notices, in particular the default notice issued on 14
March 2024, which imposed a deadline of 24 March 2024. In addition, the Claimant
extended the deadline to 2 April 2024 for the Respondent to remit the outstanding
payment of IDR 273,713,902 (USD 17,325.87).
17. On 2 April 2024, the Respondent remitted IDR 30,000,000 to the Claimant, which
corresponds to approximately USD 1,883.58 on that day.
18. On 4 April 2024, the Claimant paid a bill of IDR 5,105,340 at the hospital, which corresponds
to outstanding charges not covered by the insurance policy of the Club.
19. On 6 April 2024, the Respondent remitted IDR 30,000,000 to the Claimant, which
corresponds to approximately USD 1,888.73 on that day.
20. On 11 April 2024, the Claimant terminated the Contract with the Respondent.
21. On 21 April 2024, the Claimant returned to his home country.
II. Proceedings before FIFA
22. On 16 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
23. According to the Claimant, the Respondent’s failure to fulfil its financial obligations justified
the termination of the Contract.
24. The requests for relief of the Claimant were the following:
“1. The Respondent club is hereby petitioned to remunerate the Claimant with the sum of USD
108,601.75 (One Hundred Eight Thousand Six Hundred One and Seventy-Five Cents US Dollars)
as delineated in Item 3 – Prayer for Relief. This encompasses missed salaries, compensation for
the breach of contract, and reimbursement of airfare.
2. The Claimant requests reimbursement in the sum of IDR 9,173,090 (Nine Million One Hundred
Seventy-Three Thousand and Ninety Indonesian Rupiah) to cover the costs associated with
hospital bills, hotel and transportation expenses accrued during the Claimant's medical
treatment and transportation from Jakarta to Semarang.
3. It is requested that an additional 5% annual interest be applied to the total outstanding
amounts owed to the Claimant, commencing from September 10, 2023, to compensate for the
delayed payments due to the Claimant.
pg. 6
REF. FPSD-14391
4. A disciplinary sanction is urged to be imposed upon the Respondent club for their recurrent
displays of bad faith towards the Claimant, which have been recurrently observed in analogous
actions involving other players over recent years.
5. A confidential copy of this claim is solicited for release exclusively for jurisprudence purposes
on the FIFA official website.”
25. More specifically, the Player seeks redress for the following:
• The non-payment of wages owed by the Club for the months of February 2024 (USD
11,500), March 2024 (USD 11,500), in addition to outstanding balances from
previous months totalling USD 2,058.55, amounting to a total of USD 25,058.55.
•
Compensation for the Club’s breach of the Contract in the amount of USD 80,500
considering the aggravating circumstances that he will be unable to work and
provide for his family for a period of 9 months.
•
Reimbursement of airfare totalling USD 3,043.20, which he paid with a credit card,
as the Respondent neglected to provide, contrary to its contractual obligations.
•
Reimbursement of IDR 5,105,340 for hospital expenses paid out of pocket due to
the Respondent's failure to fulfil its obligations.
•
Reimbursement of IDR 3,502,500 for transportation expenses incurred when
returning from Jakarta to Semarang, where the surgery took place and the
Respondent neglected to provide assistance.
•
Reimbursement of hotel expenses, amounting to IDR 565,250, for two nights at the
hotel after the surgery.
26. Lastly, the Player outlined as part of his claim his distressing predicament because of the
Club’s lack of good faith throughout the employment relationship, due to the Club’s
recurrent discrepancies and arbitrary decision-making regarding the disbursement of
funds. In fact, it is the Claimant’s opinion that the Respondent engaged in actions intending
to compel the termination of the Contract through deliberate tactics, such as withholding
salary payments and by not providing the necessary support for the surgery and recovery.
b. Position of the Respondent
27. According to the Respondent, the Claimant has not fulfilled the factual and legal basis for
a termination of the Contract with just cause.
28. Therefore, the requests for relief of the Respondent were the following:
“a. To enforce FIFA’s jurisdiction as the competent body to rule on this matter; and
b. To reject the Player’s claim in entirety; and
pg. 7
REF. FPSD-14391
c. To rule that the Player had indeed terminated the Contract unlawfully; and
d. To rule that the Respondent is due appropriate recompense for the same; and
e. To rule that simple interest at the amount of 5% or alternatively as determined by the FIFA
Judge, is applied unto all amounts the Player is found liable for; and
f. To rule that the Player, for the proferring of a flawed, falsified and frivolous claim, is liable to
pay for all procedural costs in connection with this matter; and
g. To rule that the Player is to pay a contribution to the legal fees for the Respondent up to and
including the sum of £5,000.00 (five-thousand British pounds only).
In the alternative (and unlikely event) that the FIFA Judge does not decide that the Player
terminated the Contract unlawfully, the Respondent respectfully and humbly requests the
following:
a. To rule that the Respondent had, as chronicled through a multitude of evidence, complied
with all of its obligations to the Player throughout the Term; and
b. To rule that the Respondent had not at any time abandoned the Player during his injurious
period; and
c. To rule that as such, the Respondent must not have any financial liability attached thereto in
relation to claims in connection with alleged negligence by the Respondent during the Player’s
injurious period; and
d. In any case, to rule that the Player, for the proferring of a flawed, falsified and frivolous claim,
is liable to pay for all procedural costs in connection with this matter; and
e. To rule that the Player is to pay a contribution to the legal fees for the Respondent up to and
including the sum of £5,000.00 (five-thousand British pounds only).”
29. The Respondent stated that the Claimant requested payment of his monthly salaries a
month earlier, which the Club agreed to. As a consequence of this updated payment
schedule, i.e., from June 2023 to March 2024, rather than July 2023 to April 2024, the
Respondent argued that on the issuance of the termination notice, the overdue payables
owed to the Player was USD 20,730.97 and the remaining value of the Contract is nil.
30. Considering the above, the Respondent argued that the total amount owed to the Player
is lower than the amount of two monthly salaries and the Player has failed to provide the
correct deadline of at least 15 days for the Respondent to comply with its financial
obligations. Consequently, the requirements of art. 14bis of the Regulations on the Status
and Transfer of Players (hereinafter: the Regulations) are not met, and the termination of
the Contract by the Player was done in an unlawful manner.
31. Furthermore, the Club argued that it informed all the players that due to financial
constraints, the players would be paid their monthly salary in multiple instalments
throughout the month, rather than in one single payment on the 10th of each month as
stipulated in article 4 of the Contract. In addition, the Respondent indicated that the
Contract did not specify the currency in which payment was to be made and that it is a
common practice for the Club to use a fixed conversion rate of IDR 15,000 per USD 0,94.
pg. 8
REF. FPSD-14391
32. As to the transportation from Jakarta to Semarang, the Club replied that the Player opted
for staying in Jakarta and must bear the related expenses. In fact, the Club indicated that
as the Player was discharged from the hospital on 4 April 2024, and cleared to resume his
recovery and physiotherapy with the Club, there was no reason for his continued stay in
Jakarta, so the Club bore no obligation to finance an apartment for this purpose.
33. In relation to the plane ticket, the Club replied that it was expected to cover this expense
at the end of the employment relationship and not once the Player unlawfully terminated
his employment agreement in a unilateral manner. In consequence, the Club considered
that it should not be liable for this amount.
34. Lastly, the Club argued that the amounts related to the medical expenses were rejected by
its insurance for not being related to the injury suffered by the Player whilst performing his
professional duties. In consequence, the Club considered that it should not be liable for
this amount, but as a sign of good faith, the Club was willing to proceed with the payment
of the hospital’s fees and was awaiting the invoices.
c. Replica of the Claimant
35. In its replica, the Claimant argued that any attempts by the Club to include the June 2023
salary in the assessment do not affect the core breach of Contract by the Respondent or
its outstanding contractual obligations. In fact, the Claimant noted that any payments
made by the Club outside of the contractual period specifically, from February 2023 until
30 April 2023, and from 1 July 2023 until 30 April 2024, are deemed null and void, or at best,
represent a verbal agreement between the parties.
36. In addition, the Player illustrated the inaccuracies in the amounts owed by the Club, the
discrepancies in payment, that he never agreed to be paid in multiple instalments
throughout the month, as well that the Club paid salaries in full to certain players.
According to the Player, the Club owed him USD 24,656.68 by the date of the termination
of the Contract on 11 April 2024.
37. Lastly, the Claimant indicated that the Contract stipulated USD as the currency and that it
did not stipulate a fixed rate such as IDR 15,000 equals to USD 0.94. Therefore, it is the
Claimant’s opinion that if conversion is necessary, it should be conducted using the
prevailing rate on the payment date.
d. Duplica of the Respondent
38. In its duplica, the Respondent reiterated its position, noting that the Player requested his
salary a month early in June 2023 which amended the payment schedule, that the Player
did not comply with the requirements of article 14bis RSTP and that the Player terminated
the Contract prematurely without just cause, as it should have ended on 30 April 2024.
pg. 9
REF. FPSD-14391
39. Considering the foregoing, the Respondent requested the following:
“First, to rule inadmissible the Reply by the Claimant due to its content far outreaching the
bounds outlined by FIFA; and subsequently, in repetition of the Requests, to:
a. To enforce FIFA’s jurisdiction as the competent body to rule on this matter; and
b. To reject the Player’s claim in entirety; and
c. To rule that the Player had indeed terminated the Contract unlawfully; and
d. To rule that the Respondent is due appropriate recompense for the same; and
e. To rule that simple interest at the rate of 5% or alternatively as determined by the FIFA Judge,
is applied unto all amounts the Player is found liable for; and
f. To rule that the Player, for the proffering of a flawed, falsified, and frivolous claim, is liable to
pay all procedural costs in connection with this matter; and
g. To rule that the Player is to pay a contribution to the legal fees of the Respondent up to and
including the sum of GBP 5,000.00 (Five Thousand Great British Pounds only).
In the alternative (and unlikely event) that the FIFA Judge does not decide that the Player
terminated the Contract unlawfully, the Respondent respectfully and humbly requests the
following:
a. To rule that the Respondent had, as chronicled through a multitude of evidence, complied
with all of its obligations to the Player throughout the Term; and
b. To rule that the Respondent had not at any time abandoned the Player during his injurious
period; and
c. To rule that as such, the Respondent must not have any financial liability attached thereto in
relation to claims in connection with alleged negligence by the Respondent during the Player’s
injurious period; and
d. In any case, to rule that the Player, for proffering of a flawed, falsified, and frivolous claim, is
liable to pay for all procedural costs in connection with this matter; and
e. To rule that the Player is to pay a contribution to the legal fees of the Respondent up to and
including the sum of GBP 5,000.00 (Five Thousand Great British Pounds only).”
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
40. 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 16 April 2024 and submitted for decision on
8 August 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.
41. 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 (February 2024 edition), it is competent
pg. 10
REF. FPSD-14391
to deal with the matter at stake, which concerns an employment-related dispute with an
international dimension between a Brazilian player and an Indonesian club.
42. 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 (February 2024 edition) and considering that the present claim
was lodged on 16 April 2024, the February 2024 edition of said regulations is applicable to
the matter at hand as to the substance.
b. Burden of proof
43. 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 TMS.
c. Merits of the dispute
44. 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
45. 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 justice of the early
termination of the contract by the Claimant, based on the alleged non-payment of certain
financial obligations by the Respondent as per the contract, in accordance with art. 14bis
of the Regulations.
46. 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
unpaid by the Respondent and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled.
47. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails to pay a player at least two monthly salaries
on their due dates, the player will be deemed to have a just cause to terminate his contract,
pg. 11
REF. FPSD-14391
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to fully comply with its financial obligation(s).
48. The Chamber noted that the Claimant claims not having received remuneration amounting
to USD 24,656.68 as of the date of termination of the Contract on 11 April 2024. In this
regard, the Chamber took note that it remained undisputed by the Respondent that
salaries totalling USD 20,730.97 were outstanding on 11 April 2024, which corresponds to
less than two monthly salaries.
49. Considering the foregoing and that the respective deadline of 15 days has not been granted
in the Claimant’s formal notice of 14 March 2024, the Chamber concluded that the
requirements of art. 14bis of the Regulations were not met.
50. Nonetheless, the Chamber concluded that the Claimant had just cause to unilaterally
terminate the Contract, based on art. 14 par. 1 of the Regulations. In this respect, the
Chamber considered that the Club did not dispute owing USD 20,730.97 and that the Player
has discharged his burden of proof in demonstrating that the Club’s breach was sufficiently
significant as to justify an ultima ratio measure, permitting him to terminate the Contract.
In fact, the Chamber determined that the fundamental terms and conditions which formed
the basis of the Contract were no longer respected by the Respondent, despite the various
default notices given by the Claimant.
51. The Chamber also 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 evidence provided by the Respondent did not prove the
payment of the amounts claimed as outstanding by the Claimant. In particular, the
Chamber established that the evidence provided by the Respondent contained conversion
errors as it appeared that the amounts in IDR were not converted to USD according to the
prevailing rate on the payment date.
52. Consequently, the Chamber decided that, since the Respondent had repeatedly and for a
significant period of time been in breach of its contractual obligations towards the
Claimant, the Claimant had just cause to terminate the Contract.
ii. Consequences
53. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of the Contract committed by the Respondent.
54. The Chamber observed that the outstanding salaries at the time of termination of the
Contract, coupled with the specific requests for relief of the Player, are equivalent to USD
24,656.68.
pg. 12
REF. FPSD-14391
55. The Chamber then analysed whether the Player is entitled to the April 2024 salary of USD
11,500. In this regard, the Chamber considered the wording of art. 17 of the Regulations
and the Player’s claim for compensation for the breach of the Contract in the amount of
USD 80,500. Given that the Contract was terminated on 11 April 2024, i.e. 19 days before
its expiry date, the Chamber concluded that there is no residual value to be awarded as
part of the compensation and decided to award the salary for the month of April 2024 as
outstanding remuneration.
56. The Chamber equally pointed out that since the provisions of Indonesian law were not
applicable in the case at hand (see paragraph 44 ut supra) and the merits of the present
dispute were to be analysed in accordance with the regulatory framework of FIFA, the
Chamber noted that there is no basis to conclude that the Contract can be extended.
Consequently, the Chamber determined that the outstanding salaries amount to USD
36,156.58.
57. In addition, based on the evidence on file and according to article 4.1.2 b) of the Contract,
the Chamber decided to award the Claimant the outstanding amount of medical expenses,
corresponding to IDR 5,105.340.
58. Furthermore, based on the evidence on file and according to article 4.1.2 a) of the
Contract, the Chamber decided to award the Claimant the outstanding amount of airfare,
corresponding to USD 3,043.20.
59. Regarding the Player’s claim for reimbursement of hotel expenses in Jakarta and for
transportation expenses incurred when returning from Jakarta to Semarang after the
surgery, the Chamber concluded that the allegations of the Claimant are not supported
with the necessary documentary evidence. Therefore, the Chamber rejected the Claimant’s
requests in accordance with art. 13 par. 5 of the Procedural Rules.
60. 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 its termination, i.e. USD
36,156.58 in salaries, IDR 5,105.340 in medical expenses and USD 3,043.20 in airfare.
61. 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 as from 16 April 2024, i.e., the date the claim was
filed with FIFA, until the date of effective payment.
iii. Compliance with monetary decisions
62. 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
pg. 13
REF. FPSD-14391
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
63. 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.
64. 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.
65. 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.
66. 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
67. 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.
68. 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.
69. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by either of the parties.
pg. 14
REF. FPSD-14391
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Victor Guilherme dos Santos Carvalho, is partially accepted.
2.
The Respondent, PSIS Semarang, must pay to the Claimant the following amounts:
- USD 36,156.58 as outstanding remuneration plus 5% interest p.a. as from 16 April 2024
until the date of effective payment;
- IDR 5,105.34 as outstanding amount plus 5% interest p.a. as from 16 April 2024 until the
date of effective payment;
- USD 3,043.20 as outstanding amount plus 5% interest p.a. as from 16 April 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
pg. 15
REF. FPSD-14391
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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