Labour Disputes
Texto da decisão
REF FPSD-1978
Decision of the
Dispute Resolution Chamber
passed on 3 November 2021
regarding an employment-related dispute concerning the player Ronnie Alan Fernandez Saez
BY:
Omar Ongaro (Italy), Deputy Chairperson
Peter Lukasek (Slovakia), member
Yuriy Zapisotskiy (Ukraine), member
CLAIMANT:
Al Fayha FC, Saudi Arabia
RESPONDENT:
Ronnie Alan Fernandez Saez, Chile
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REF FPSD-1978
I Facts
1.
On 6 July 2017, the parties concluded an employment contract valid until 9 July 2020 and subsequently
extended until 17 July 2021.
2.
On 7 February 2020, the parties concluded a termination agreement.
3.
On the same date of 7 February 2020, the parties signed a second employment contract, valid as from
1 July 2020 until 30 June 2021.
4.
On 1 October 2020, the parties concluded a new termination agreement with the following conditions:
“As a compensation for breach of the contract the second party:
1- Waives its outstanding payment of 74,850 USD resulting from the contract termination agreement
signed on 07/2/2020 and modified on 22/04/2020 by "covid- 19 agreement'' will be considered as a
part of the compensation.
2- Waives its outstanding payment of 54, I 66 USD resulting from the employment contract signed on
07/2/2020 and start on 01/07/2020 and ends on 30\06\2020 will be considered as a part of the
compensation.
3- Pay an amount of 300,000 USD (three hundred thousand United States Dollars) representing a
compensation for breach of the contract before its term which will be paid as following:
• An amount of 160,000 USD net (one hundred and sixty thousand United States Dollars) to be paid
immediately after signing this agreement.
• An amount of 140,000 USD net (one hundred and forty thousand United States Dollars) to be paid on
30 December 2020.
Article 5: Additional Compensation
1.1. The player undertakes to pay an amount of 100.000 USD as additional compensation in case he
signs an employment contract in the 2020-2021 season for a Saudi football club. The additional
compensation must be paid within 10 days of the date of the signing of the contract.”
5.
Art. 6 of the termination agreement stipulated the following:
“All the sums payable under this agreement will be paid by the player to the club on the due dates. The
club will send a written notice to the player to his email address with an additional 5 days deadline to
perform the payment. Should the player fail to pay any installment within the deadline specified
hereunder any payment (in full or part), then the whole amount of compensation will become
immediately due and payable. In such event, an interest right of 20% will apply starting from the date
of fails”.
6.
On 14 January 2021, the player signed an employment contract with the Saudi Club, Al Raed with, inter
alia, the following conditions:
“Item 2: The Term of the Contract;
The term of the contract is (permanently), end it wlll take effect For six months with the option of
renewal. from the date of 15/01/2021 AD, and will end on 30/06/2021 AD.
(…)
12. The club pledges to pay $150,000 to AI-Faihaa Saudi Club.”
7.
On 2 January 2021, the club sent a default notice to the player indicating the following:
“we kindly remind you again to pay the second outstanding payment in regards with the termination
which it's due date was on 30\12\2020 and which equal an amount of (140,000USD)”
signing to AL-Raed Saudi Club within 10 days of this letter written date.
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REF FPSD-1978
8.
On 1 February 2021, the club sent a new default notice to the player indicating the following:
“we kindly remind you again to pay the second outstanding payment in regards with the termination
which it's due date was on 30\12\2020 and which equal an amount of (140,000USD) (…), with having
in consideration the fine of delay which is expressed in "Article6" in the agreement.
In addition to that, and according to the termination agreement signed on 01\10\2020 and according to
"Article5" which stipulates that "The player undertakes to pay an amount of 100.000 USD as additional
compensation in case he signs an employment contract in the 2020-2021 season for a Saudi football
club. The additional compensation must be paid within 10 days of the date of the signing of the
contract.", so we kindly ask you to initiate the payment of that compensation resulted from your new
signing to AL-Raed Saudi Club within 10 days of this letter written date.”
9.
On 09 March 2021, the Claimant lodged a claim before FIFA and requested the payment of an
outstanding amount of USD 240,000 arising from the termination agreement of 1 October 2020, plus
“a compensatory interest of 20% [of USD] 48,000” as per art. 6 of the termination agreement.
10.
In particular, the Claimant detailed said amounts as follows:
-
USD 140,000, due on 30 December 2020.
-
USD 100,000, due on 8 February 2021 and due to the signature of a contract with another Saudi club.
11.
In his reply to the claim, the player considered that the claim is inadmissible since it is “incomplete and
unintelligible”.
12.
As to the substance, the player argued that he only owes the amount of USD 90,000 since, according
to clause 4 of the contract between the player and Al Raed, said club accepted to pay USD 150,000 to
the Claimant.
13.
As to the payable interests, the player considered that the amount of 20% is clearly excessive and
unapplicable.
14.
The Claimant sent an additional correspondence stating that the Respondent made a partial payment of
USD 143,332 via his new club, as follows:
-
Partial payment of 100.000 Saudi Riyal equivalent to 26.666 USD on 05/04/2021.
-
Partial payment of 100.000 Saudi Riyal equivalent to 26.666 USD on 17/05/2021.
-
Partial payment of 337.500 Saudi Riyal equivalent to 90.000 USD on 17/05 /2021.
15.
Consequently, the Claimant amended its claim and requested the following:
-
USD 96,668, plus 5% interest p.a. as from 1 February 2021;
-
20% interest, in the amount of USD 48,000.
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REF FPSD-1978
I.
Considerations of the Dispute Resolution Chamber
1. 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. Taking
into account the wording of art. 21 of the February 2021 edition of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(hereinafter: the Procedural Rules), the aforementioned edition of the Procedural Rules is
applicable to the matter at hand.
2. Subsequently, the Dispute Resolution Chamber referred to art. 3 par. 1 of the Procedural Rules
and emphasised that, in accordance with art.
24
par.
1
in combination with art.
22 lit. b) of the Regulations on the Status and Transfer of Players, the Dispute Resolution
Chamber is competent to deal with matters which concern employment-related disputes with an
international dimension between players and clubs.
3. In continuation, the Dispute Resolution Chamber analysed which edition of the Regulations of the
Status and Transfer of Players should be applicable to the present matter. In this respect, the
Dispute Resolution Chamber confirmed that in accordance with art. 26 par. 1 and 2 of the
Regulations on the Status and Transfer of Players, and considering the date when the claim was
lodged, the August 2021 edition of the aforementioned regulations (hereinafter: the Regulations)
is applicable to the matter at hand.
4. With the above having been established, the Dispute Resolution Chamber entered into the
substance of the matter. In doing so, it started to acknowledge the facts of the case as well as the
documents contained in the file. However, the Dispute Resolution Chamber emphasized that in
the following considerations it will refer only to facts, arguments and documentary evidence which
it considered pertinent for the assessment of the matter at hand.
5. In this respect, the DRC noted that, after being bound by several employment agreement, on 1
October 2020, the player and the club concluded a termination agreement stipulating, inter alia,
by means of which the player accepted to pay to the club the following amounts, when applicable:
• An amount of 140,000 USD net (one hundred and forty thousand United States Dollars) to be
paid on 30 December 2020.
1.1. The player undertakes to pay an amount of 100.000 USD as additional compensation in case
he signs an employment contract in the 2020-2021 season for a Saudi football club. The additional
compensation must be paid within 10 days of the date of the signing of the contract.”
6. Thereafter, the Chamber noted that the club lodged a claim against the player, by means of which
it requested the payment of the total amount of 240,000, arising from the aforementioned
termination agreement.
7. On the other hand, the Chamber observed that the player did not context his liability as per the
aforementioned agreement, but argued that in his new contract, the new club pledged to pay
USD 150,000 to the Claimant.
8. In relation to said payment, the Chamber observed that the Claimant acknowledge that indeed,
it received a partial payment of USD 143,332.
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REF FPSD-1978
9. In view of the above, the Chamber established that the Remaining debt due by the player amounts
to 96,668 (i.e. 240,000-143,332.).
10. Consequently, in strict application of the principle of pacta sunt servanda, the Dispute Resolution
Chamber established that the Respondent has to pay to the Claimant, the total outstanding
amount of USD 96,668, corresponding to the balance of the termination agreement.
11. In addition, the Chamber observed that the termination agreement stipulated the following:
Should the player fail to pay any installment within the deadline specified hereunder any payment
(in full or part), then the whole amount of compensation will become immediately due and
payable. In such event, an interest right of 20% will apply starting from the date of fails”.
12. Therefore, the Chamber established that the player should pay interest as from the currently
outstanding amount of USD 96,668, and also interest corresponding to the period of default until
the payment of the partial amounts (i.e. over the amount of USD 140,000 between 1 February
2021 until 5 April 2021 and over the amount of USD 100,000 between 9 February 2021 until 17
May 2021).
13. However, the Chamber deemed it appropriate to stress that, in line with its well-established
jurisprudence, it could not award interest at a rate excessive of 18% p.a.
14. Moreover, taking into account the request of the Claimant as well as the longstanding
jurisprudence in this regard, the Dispute Resolution Chamber decided to award 18% interest p.a.
, as established above.
15. Furthermore, taking into account the previous considerations, the Dispute Resolution Chamber
referred to par. 1 and 2 of art. 24bis 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.
16. In this regard, the Dispute Resolution Chamber pointed out that, against players, the consequence
of the failure to pay the relevant amounts in due time shall consist of a restriction on playing in
official matches up until the due amounts are paid. The overall maximum duration of the
restriction shall be of up to six months on playing in official matches.
17. Therefore, bearing in mind the above, the Dispute Resolution Chamber decided that, in the event
that the Respondent does not pay the amounts due to the Claimant within 45 days as from the
notification of the present decision, communicates the relevant bank details to the Respondent,
a restriction on playing in official matches up until the due amounts are paid
18. Finally, the Dispute Resolution Chamber 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. 24bis par. 3 of the Regulations.
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REF FPSD-1978
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club Al Fayha FC, is partially accepted.
2.
The Respondent, Ronnie Alan Fernandez Saez, has to pay to the Claimant, the amount of USD
96,668, plus 18% interest p.a. as from 18 May 2021 until the date of effective payment.
3.
The Respondent has to pay to the Claimant, the following additional amounts:
- 18% interest over the amount of USD 140,000 between 1 February 2021 until 5 April
2021;
- 18% interest over the amount of USD 100,000 between 9 February 2021 until 17 May
2021.
4.
Any further claims of the Claimant are rejected.
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. 24bis 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 on playing in official matches up until the due
amounts are paid. The overall maximum duration of the restriction shall be of
up to six months on playing in official matches.
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. 24bis par. 7 and 8 and art. 24ter 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-1978
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 58 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 20 of the Procedural Rules).
CONTACT INFORMATION
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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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