DRC Overdue Payables
Texto da decisão
REF. FPSD-15571
Decision of the
Dispute Resolution Chamber
passed on 12 November 2024
regarding an employment-related dispute concerning the Player Priscila
Edite Silva
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Johan VAN GAALEN (South Africa), Member
Mario FLORES CHEMOR (Mexico), Member
CLAIMANT:
Priscila Edite Silva, Brazil
Represented by Jorge Luis Goncalves dos Santos
RESPONDENT:
ZHFK Ljuboten, North Macedonia
pg. 2
REF. FPSD-15571
I. Facts of the case
1.
On 7 July 2022, the Brazilian player Priscila Edite Silva (hereinafter, the “Claimant” or “Player”)
and the North Macedonian club ZHFK Ljuboten (hereinafter, the “Respondent” or “Club”)
concluded an employment contract for the 2022/2023 sporting season (hereinafter, the
“2022/23 Contract”), valid as from 1 August 2022 until 14 June 2023.
2.
In accordance with the 2022/23 Contract, the Respondent undertook to pay the Claimant,
inter alia, the following remuneration:
“The monthly net salary of the football player amounts to 37000 denars.
The salary is paid once a month, no later than the fifteenth of the current month for the previous
month, on the transactions account of the football player.
Extra Bonuses in the contract:
* If win game in Champions league 1000eur per game
* If she scores 35 goals in the 2022/23 season, a one-time bonus of 700 eur
* Won the championship title in the season 2022/23 bonus 500eur one time”
3.
On 15 July 2023, the parties concluded a second employment contract for the 2023/2024
sporting season (hereinafter, the “2023/24 Contract”), valid as from 15 July 2023 until 14
June 2024.
4.
Pursuant to the 2023/24 Contract, the Respondent undertook to pay the Claimant, inter
alia, the following remuneration:
“The monthly net salary of the football player amounts to 1300eur.
The salary is paid once a month, no later than the fifteenth of the current month for the previous
month, on the transactions account of the football player.
Extra Bonuses in the contract:
* Score more than 35goals in Macedonian womens league season 2023/2024 750Eur one time
* Win game in Champions league 2023/24 First win 300eur, second win 700eur.
* Won the championship title in the season 2023/24 bonus 500eur one time”
5.
The 2023/24 Contract further provided, inter alia, that the Respondent shall be obligated
“To enable the football player to regularly realize his social insurance rights (healthcare,
disability and pension)” and “To provide the football player with insurance against sports
injuries”. Additionally, the 2023/24 Contract provided that “In case the player does not agree
with the opinion of the Club’s doctor, he has the right of a second opinion by an independent
medical specialist. If there are still differing opinions, the football player and the club agree on
accepting an independent third expert opinion which will be final.”
pg. 3
REF. FPSD-15571
6.
Furthermore, the Contract provided that the Player should regularly undergo medical
examinations at the request of the Club’s doctor and “[a]bstain from participating in other
football activities or potentially dangerous activities for the health not prior approved by the
club and which are not covered by Club’s insurance[sic]”
II. Proceedings before FIFA
7.
On 13 August 2024, the Claimant filed the claim at hand before FIFA. A summary of the
Claimant’s position as well as her allegations as to the timeline of events are detailed
below.
a. Position of the Claimant
8.
According to the Claimant, on 26 March 2024 she was injured during a match for which she
appeared for the Respondent.
9.
Thereafter, according to the Claimant, the Respondent offered to pay for her ACL surgery.
10. However, the Claimant noted that the Respondent wished to schedule the surgery for
September and would not commit to a contract renewal following the termination of the
2023/24 Contract term, which would create a situation for the Player to remain in North
Macedonia and undergo surgery while being out of contract.
11. The Claimant explained that following the Player’s appeal to the Club’s director and coach,
the latter arranged for a private surgery on 5 June 2024 [sic] but the Club wanted to
discount such expenses against her salary.
12. On 4 June 2024 the Claimant sent a default notice to the Respondent citing the following
overdue remuneration:
Object
Bonus scoring + 35 goals season 22/23
Bonus Champions of Macedonia 22/23
Remaining Salary March 2024
Salary April 2024
Salary May 2024
Bonus scoring + 35 goals season 23/24
Bonus Champions of Macedonia 23/24
TOTAL
Value
EUR 700.00
EUR 500.00
EUR 160.00
EUR 1,300.00
EUR 1,300.00
EUR 750.00
EUR 500.00
EUR 5,210.00
13. In the default notice, the Claimant provided the Respondent 24 hours to fulfil its financial
obligation.
pg. 4
REF. FPSD-15571
14. On 10 June 2024, the Respondent sent a letter to the Claimant which stated that the Player
had violated a Club code by having a player from a rival club stay in her Club-provided
housing/motel and was therefore fined in the amount of “100.000,000 Dinars”.
15. On 1 July 2024 the Claimant sent a reply stating that the fine is illegal and that the aforesaid
player from the rival club was only helping the Claimant with her recovery of the surgery
of which the Club’s coach/director was aware.
16. In the same reply, the Claimant reiterated the Club’s debt and acknowledged receipt by of
EUR 792.48 paid by the Club, bringing the amount down to EUR 4,417.52, plus the cost of
surgery and recovery which the Claimant estimated will be EUR 3,316.
17. The Claimant provided the Respondent 15 days to pay the aforesaid amounts.
18. According to the Player, on 5 July 2024, she underwent surgery (Note: the medical invoices
and transactions are dated 5 July 2024 with the exception of the invoices for the surgical
equipment which are dated 28 June 2024).
19. On 13 August 2024, the Claimant lodged a claim before the DRC for outstanding
remuneration.
20. The Claimant asserted that the Club failed to remit the overdue payables following the
default notice and that the Club used the disciplinary action as a way to escape its financial
obligation to the Player.
21. The Claimant argues that she is entitled to the following overdue payables:
Object
Bonus scoring + 35 goals season 22/23
Bonus Champions of Macedonia 22/23
Remaining Salary March 2024
Salary April 2024
Salary May 2024
Bonus scoring + 35 goals season 23/24
Bonus Champions of Macedonia 23/24
TOTAL
Amount paid from the Club to the Player
TOTAL SALARIES OVERDUE
Value
EUR 700.00
EUR 500.00
EUR 160.00
EUR 1,300.00
EUR 1,300.00
EUR 750.00
EUR 500.00
EUR 5,210.00
- EUR 792.48
EUR 4,417.52
22. In addition to the above, the Claimant argued that the Respondent owed the following
reimbursement for the cost of surgery on her ACL injury:
pg. 5
REF. FPSD-15571
Object
Surgery Instruments
Anesthetist Surgeon
Hospital São Camilo
Surgeon Dr. Aldo Eras Junior
TOTAL
Value
BRL 4,359.06
BRL 1,300.00
BRL 3,600.00
BRL 3,500.00
EUR 5,210.00
23. Furthermore, the Claimant claimed recovery costs in the amount of BRL 6,000 per month
for at least nine months.
24. Moreover, the Claimant asserted that Club was responsible for the delay in her receiving
her surgery, thus prolonging her recovery time and leaving her injured and out of contract.
She therefore claimed an entitlement to an additional EUR 6,600 representing “half the
salary she would have receive in twelve months as compensation for the damages she has being
suffering.”
25. In support of the Medical Expenses, the Claimant submitted
-
-
An invoice for surgery instruments for BRL 4,359.06 as well as a payment transaction
reflecting payment of the same amount by the Claimant on 28 June 2024;
An invoice for the anesthetist surgeon for BRL 1,300 as well as a payment transaction
reflecting payment of the same amount by the Claimant on 5 July 2024 (one instalment
of BRL 800 and the second instalment of BRL 500);
Two payment transactions on 5 July 2024, one in the amount of BRL 1,500 and the other
for BRL 2,100 paid to “Centro Medico Sao Camilo LTDA”;
A payment transaction of BRL 3,500 in the amount of BRL 3,500 made to “Aldo Eras
Junior” and the Description reading “DR ALDO”;
A doctor-signed declaration confirming the monthly rate and stating that the “ACL postsurgical treatment will be completed in nine months with 40 sessions per month.”
26. The requests for relief of the Claimant, were the following:
“a) That the RESPONDENT be formally summoned and present their defense;
b) That the RESPONDENT be condemned to pay the amount of EUR 14,136.82 (fourteen
thousand, one hundred and thirty-six euros and eighty-two cents) that are overdue to the
CLAIMANT with interests and currency correction;
c) That the RESPONDENT be condemned to pay the lawyer’s fees up to 10% of the amount paid
to the CLAIMANT.
d) That Transfer Ban be applied to the RESPONDENT in case of non-payment.”
pg. 6
REF. FPSD-15571
b. Position of the Respondent
27. Despite being invited to do so, the Respondent failed to reply to the claim within the
submission deadline.
c. Unsolicited Correspondence of the Parties
28. On 4 September 2024, before the submission phase closed, the Respondent sent a letter
stating the following: “We are on champions weekend in Holland! About this case our legal
department will answer during next week”.
29. On 20 September 2024, the FIFA general secretariat informed the parties that the
submission phase has been closed and no further submissions would be admitted to the
file.
30. On 21 September 2024, the Respondent submitted an unsolicited correspondence,
followed by two additional unsolicited correspondences on 27 September 2024 and 4
October 2024.
31. On 7 October 2024, the FIFA general secretariat informed that the parties may not
supplement or amend their submissions or requests for relief or produce new evidence
after notification of the closure of the submission phase. Therefore, the FIFA general
secretariat advised the parties that the Respondent’s correspondence was disregarded.
pg. 7
REF. FPSD-15571
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
32. 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 13 August 2024 and submitted for decision
on 12 November 2024. Taking into account the wording of art. 34 of the March 2023 edition
of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules),
the aforementioned edition of the Procedural Rules is applicable to the matter at hand.
33. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (October 2024 edition), the Dispute
Resolution Chamber is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Brasilian player
and a North Macedonian club.
34. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 26 par. 1
and 2 of the Regulations on the Status and Transfer of Players (October 2024 edition), and
considering that the present claim was lodged on 13 August 2024, the June 2024 edition of
said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
35. 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
36. 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.
pg. 8
REF. FPSD-15571
i. Main legal discussion and considerations
37. The Chamber then moved to the substance of the matter, and took note of the fact that
the Claimant alleged that the Respondent owed outstanding remuneration and further,
that the Respondent did not reply to the claim within the submission phase.
38. The Chamber noted that in the absence of a timely reply by the Respondent, the former
would base its analysis on the evidence submitted by the Claimant (cf., art. 21, par. 1 of the
Procedural Rules).
39. In this context, the Chamber acknowledged that it its task was to determine whether the
Respondent indeed owed outstanding remuneration to the Claimant.
40. The Chamber first took note that the Claimant provides – and it went undisputed – that a
valid employment agreement existed between the parties, of which a portion of the
remuneration remains outstanding.
Salaries
41. The Chamber noted that based on the 2023/24 Contract provided, the following
guaranteed remuneration was payable to the Claimant, as the Respondent failed to
provide proof of payment or any justifiable reason for non-payment:
Remaining Salary March 2024
Salary April 2024
Salary May 2024
EUR 160.00
EUR 1,300.00
EUR 1,300.00
42. The above amounts not being disputed, not being subject to any additional contingency ,
and on their face falling due with their respective due dates under the Contract, the
Chamber concluded that these amounts of EUR 2,760 in outstanding remuneration are
awarded as requested pursuant to the principle of pacta sunt servanda.
Medical Costs
43. The Chamber recalled that the Claimant argued that she was entitled to reimbursement of
medical costs derived from her injury.
44. In this regard, the Chamber noted that the 2023/24 Contract, while not explicitly stating
that the Club shall provide reimbursement for medical treatment, did contemplate that the
Club bears a general responsibility for the Player’s health and safety. Such responsibility
was reflected, for instance, in the Club’s obligation to enable the Player’s right to healthcare
insurance and to provide the Player with a second medical opinion by an independent
specialist if the Player disagreed with that of the Club doctor. Furthermore, the Contract
pg. 9
REF. FPSD-15571
required the Player to undergo medical examinations at the request of the Club and to
refrain from partaking in other football-related activity that could implicate the Player’s
health and safety (and her ability to perform for the Club). The Chamber understood that
the corollary to these requirements was that for the activities sanctioned by the Club, such
as its own official matches, the Club assumed control and responsibility for the injuries.
45. In addition, the Chamber recalled that the Claimant argued – and it went undisputed by
the Respondent – that she only scheduled the procedure and undertook the costs of the
medical treatment due to the Club’s failure to do so for several months, as well as the Club
conditioning such treatment on a reduction of salary. Furthermore, the Contract did not
limit the Club’s responsibility to provide for the Player’s medical care to the contractual
period.
46. Notwithstanding such delay, the Chamber noted that the expenses and procedure were
accrued at a reasonable time following the alleged date of injury, i.e., approximately three
months following said injury. Moreover, the Chamber observed that the expenses claimed
appeared to be reasonable and proportionate, in addition to being well documented, and
supporting the Claimant’s assertion that the procedure took place on 5 July 2024. And while
this time was outside of the contractual period of the parties’ employment relationship, the
Chamber noted that the procedure only took place approximately three weeks following
the end date of the 2023/24 Contract (that is, on 14 June 2024). Moreover, the Chamber
highlighted that it remained undisputed that the Claimant’s injury took place during the
contractual period and during a match in which she appeared for the Respondent Club.
47. As such, the Chamber concluded that the Claimant’s request for reimbursement was not
only supported by relevant evidence that substantiated the incurred medical costs, but in
its view, the request also aligned with the Club’s general duty to provide medical treatment.
48. The Chamber therefore considered there to be a sufficient nexus between the
injury/associated medical expenses and the parties’ contractual relationship to consider
the Club responsible for the medical treatment of its Player and found that the requested
amounts for medical and recovery cost reimbursement in the amount of BRL 18,759.06
should be awarded.
Bonuses
49. With regard to the additional bonus payments, the Chamber turned to the Claimant’s
argument that she was entitled to:
Bonus scoring + 35 goals season 22/23
Bonus Champions of Macedonia 22/23
Bonus scoring + 35 goals season 23/24
Bonus Champions of Macedonia 23/24
EUR 700.00
EUR 500.00
EUR 750.00
EUR 500.00
pg. 10
REF. FPSD-15571
50. However, the Chamber noted that while the two contracts submitted did indeed provide
for the payment of such bonuses, the Claimant did not submit any evidence showing that
the events giving rise to the bonuses occurred, i.e., that the contingency to fulfil the bonus
payment was in fact triggered.
51. In view of the above, and notwithstanding the Respondent’s failure to establish any
arguments or evidence to counter the Claimant’s position, the DRC referred to art. 13 par.
5 of the Procedural Rules, according to which the party claiming a right on the basis of an
alleged fact shall carry the respective burden of proof, and concluded that the Player failed
not sufficiently substantiate its claim and arguments to show that the alleged bonus
payments fell due.
Other Amounts Claimed
52. The Chamber could not ascertain a regulatory or contractual basis for the Claimant’s
request that an additional EUR 6,600 be awarded for compensation and therefore decided
that this portion of the claim should be set aside.
53. Moreover, the Chamber rejected the Claimant’s request for 10% of the amount awarded
as cost of legal fees in accordance with art. 25 par. 6 of the Procedural Rules.
ii. Consequences
54. Consequently, the Chamber found that the Respondent owed the following claimed
amounts, and concluded that these should be awarded in accordance with the principle of
pacta sunt servanda:
-
EUR 160 for partial salary due 15 April 2024;
EUR 1,300 for salary due 15 May 2024;
EUR 1,300 for salary due 15 June 2024; and
BRL 18,759.06 for reimbursement of medical expenses related to the Player’s ACL
surgery.
55. The Chamber recalled that the Claimant confirmed having received a payment of EUR
792.48, which in accordance with established DRC practice would be credited against the
earliest debt due, leaving the amounts due as follows:
-
EUR 667.52 for partial salary due 15 May 2024;
EUR 1,300 for salary due 15 June 2024; and
BRL 18,759.06 for reimbursement of medical expenses related to the Player’s ACL
surgery.
pg. 11
REF. FPSD-15571
56. Lastly, taking into consideration the player’s request as well as the constant practice of the
Chamber in this regard, the latter decided to award the player interest on said
compensation at the rate of 5% p.a. as of 13 August 2024 until the date of effective
payment.
iii. Art. 12bis of the Regulations
57. Having established the above, the Chamber 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.
58. To this end, the Chamber confirmed that the player put the club in default of payment of
the amounts sought, which at least in part had fallen due more than 30 days before, and
granted the club a 15-day deadline to cure such breach of contract.
59. Accordingly, the Chamber confirmed that the club had delayed a due payment without a
prima facia contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
60. The Chamber further established that by virtue of art. 12bis par. 4 of the Regulations it has
competence to impose sanctions on the club. On account of the above and bearing in mind
that the Club is not a repeat offender, the Chamber decided to impose a warning on the
club in accordance with art. 12bis par. 4 lit. a) of the Regulations.
61. In this connection, the Chamber highlighted that a repeated offence will be considered as
an aggravating circumstance and lead to a more severe penalty in accordance with art. 12bis
par. 6 of the Regulations.
iv. 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
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.
pg. 12
REF. FPSD-15571
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 any of the parties.
pg. 13
REF. FPSD-15571
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Priscila Edite Silva, is partially accepted.
2.
The Respondent, ZHFK Ljuboten, must pay to the Claimant the following amount(s):
- EUR 1,967.52 as outstanding remuneration plus 5% interest p.a. as from 13 August 2024
until the date of effective payment;
- BRL 18,759.06 as outstanding remuneration plus 5% interest p.a. as from 13 August
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.
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
pg. 14
REF. FPSD-15571
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
pg. 15