Labour Disputes
Texto da decisão
REF. FPSD-14088
Decision of the
Dispute Resolution Chamber
passed on 18 July 2024
regarding an employment-related dispute concerning the player Hasani
Florent
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Tomislav KASALO (Croatia), Member
Tarek BRAUER (Germany), Member
CLAIMANT:
Hasani Florent, Kosovo
Represented by Oana-Mihaela Todeila
RESPONDENT:
Futbollklub Tirana, Albania
pg. 2
REF. FPSD-14088
I. Facts of the case
1.
On 6 June 2022, the player from Kosovo, Hasani Florent (hereinafter: the Claimant or the
Player) and the club from Albania, FK Tirana (hereinafter: the Respondent or the Club)
concluded an employment contract valid as from 6 June 2022 until 31 May 2024
(hereinafter: the contract).
2.
According to clause 8 of contract, the Respondent and the Claimant agreed to the following
terms:
“8.1 The Club will pay the following amounts to the Player:
8.1.1 The player will be paid a fundamental monthly salary’ in the amount of 1.000
(one thousand) euro.
8.1.2 The player will receive a reward of 78.000 (seventy eight thousand) euro per year
(football season), which will be paid in 10 installments.
8.1.3 The first installment of 10.000 (ten thousand) euro will be paid by 07 06 2023.
8.3 The player will receive a bonus of 5.000 (five thousand) euro in case of qualification
in the qualifying matches of European competitions for passing the first round.
8.3.1 The player will receive a bonus of 8.000 (eight thousand) euro in case of
qualification in the qualifying matches of European competitions for passing the
second round.
8.3.2 The Player will receive a bonus of 11.000 (eleven thousand) euro in case of
qualification in the qualifying matches of European competitions for passing the third
round.
8.3.3. The Player will receive a bonus in case of qualification in the European or
Conference league groups in the amount of 15.000 (fifteen thousand) euro.
8.3.4 The Player will receive a bonus for winning the Abisuet Superiore championship
in the amount of 5.000 (five thousand) euro.
8.3.1 The Player will benefit from a 300 (three hundred) euro rental bonus per month.
8.4 The salary will be given once a month and between the 1st and 20th of the
following month. If the date on which the reward must be given is a holiday, it will be
given to the Player on the following day.
8.5 The Club may deduct from the Player’s income and salary:
pg. 3
REF. FPSD-14088
8.5.1 Fines Imposed on the Player;
8.5.2 All amounts that the Clubhas paid in favor of the Player with the latter’s prior
consent;
8.5.3 Any other amount which must be clearly defined that the Player owes the Club;
8.5.4 Amounts for compensation for the damage caused by the Player to the Club’s
Property, including damage to the Club’s image and or reputation.
8.6 During the duration of the contract, the Club will provide the Player with:
8.6.1 qualified personnel for matches and training;
8.6.2 appropriate places for games and practices, as well as other necessary
infrastructure in accordance with the instructions of the AFL;
8.6.3. medical and therapeutic care with a sports character;
8.6.4 sports clothing (except for the provision of game shoes);
8.6.5 training program (including possible changes);
8.6.6 In case of transferring the Player from FC Tirana to any other Club during the
duration of this contract, the player will receive a reward of 30.000 (thirty thousand)
euros.
8.7 All values are represented in NET figures.”
3.
On 15 December 2023, the Claimant and the Respondent concluded a mutual termination
agreement which, inter alia, stipulated the following (this agreement was only provided by
the Respondent in its reply):
“Article 1
Subject
The parties hereby agree to mutually terminate the employment relationship
established by the Employment Contract, with immediate effects.
Article 2
The Status of the Player
pg. 4
REF. FPSD-14088
1. The Club will issue in the favor of the player all the documents necessary for his
Future transfer to the Rapid Bucureshti
Article 3
Declarations
1. By signing this agreement, the player waives all the rights towards the Club and
declares that has no financial, legal or administrative claim for the employment
period with the Club.
2. By signing this agreement, the player accepts to withdraw any judicial claim
towards the Club and/or to refrain from any future judicial proceedings against
the Club.
The Club does not waive it’s right from the compensation of the player's card for
which they have paid in full.”
4.
On 15 December 2023, the Respondent and the Claimant signed a transfer agreement with
the Football Club FC Rapid 1923 S.A. from Romania (hereinafter: Rapid) for the transfer of
the Claimant from the Respondent to Rapid.
II. Proceedings before FIFA
5.
On 16 March 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
6.
The Claimant requested that the Respondent be ordered to pay him the amount of EUR
105,000 plus 5% interest p.a. as well as contribution to his legal cost.
7.
According to the Claimant, at the time of signing the transfer agreement, “the Claimant still
had to receive from the Respondent, the amounts of EUR 75,500 corresponding to (i) EUR 4,500
rent for the period September 2022 – November 2023; (ii) EUR 3,000 base salary for the period
September 2023 – November 2023; and (iii) EUR 68.000 unpaid instalments from the signing
bonus.”
8.
Moreover, the Claimant argued that the parties agreed in accordance with clause 8 of the
contract to certain condition, which the Respondent failed to comply with, additionally that
pg. 5
REF. FPSD-14088
“the condition precedent of the transfer bonus provided for in Art. 8.6.6 of the Contract has been
fulfilled. Consequently, the Respondent also owes the Claimant the amount of €30.000.”
b. Position of the Respondent
9.
In its reply, the Club mentioned that it accepted an offer below the original asking price for
the Player’s transfer on 12 December 2023 from the Club to Rapid.
10. In this context, the club mentioned that “this offer was accepted by FK Tirana and was
contingent on two main decisions made and taken by the parties involved. The player agreed to
give up on his two remaining unpaid salaries and he also gave up on a bonus in the amount of
30,000 (thirty thousand) Euros that was in the player’s employment contract. FK Tirana made
sure to write all the above and more as agreed with the player in a new agreement they
conducted with the player before his transfer to Rapid Bucharest. The player specifically agreed
to give up all the current obligations that the club had towards him, the club and the player
finalized this agreement on the 15th of December 2023. Please kindly note that the 15th of
December 2023 is the same date and time the transfer agreement of the player from FK TIRANA
to RAPID BUCHAREST was finalized. “
11. In conclusion, the Respondent indicated:
-
FK Tirana rejects the proposal from the FIFA General Secretariat.
-
FK Tirana opposes Florent Hasani's claims as ungrounded by evidence and law.
c. Additional comment of the Claimant
12. Despite being invited to provide his further comments to the reply of the Club, the Player
failed to do so.
d. Information retrieved from the Transfer Matching System (TMS)
13. According to the information available in TMS, the details of the terms of the Player’s
contract with Rapid are as follows:
-
The Player concluded an employment contract with Rapid valid as from 1 January 2024
until 30 June 2025.
-
The monthly salary from 1 January 2024 to 30 June 2024 amounted to EUR 14,500 and
from 1 July 2024 to 30 June 2025 amounted to EUR 15,500.
-
The Player was entitled to additional “fixed payments” amounting to EUR 105,000.
pg. 6
REF. FPSD-14088
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. 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 March 2024 and submitted for decision on
18 July 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.
15. 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 (June 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 player from
Kosovo and club from Albania.
16. 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 (June 2024 edition), and
considering that the present claim was lodged on 16 March 2024, the February 2024 edition
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
b. Burden of proof
17. 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
18. 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. 7
REF. FPSD-14088
i. Main legal discussion and considerations
19. 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 payment of certain
financial obligations by the Respondent as per the contract, namely EUR 105,500.
20. The Chamber observed that while the Player argued that the Club failed to remit the agreed
contractual amounts, the club argued that the Player was released mid-season and it
agreed to the Player’s early transfer on the basis that the Club was no longer obliged to pay
the remaining unpaid salaries, signing bonus and transfer bonus in the amount of EUR
30,000. Moreover, the club alleged that the parties signed a mutual termination agreement
pursuant to which the Player indicated that it had no financial claim against the Club.
21. The Chamber also observed that the Player failed to provide his comments on the mutual
termination agreement the parties concluded.
22. In view of the above, the Chamber concluded that the termination agreement provided by
the Club reflected the true intention of the parties regarding the termination of the
employment relationship and that was valid and biding to the parties.
23. Therefore, upon analysing said document, the Chamber noted that the parties agreed to
mutually terminate the contract on 15 December 2023 and that the Player was released
prior to the expiry of his contract with the club i.e., due to expire on 31 May 2024.
24. Then the Chamber recalled the Club’s argument that it has no obligation to pay any
outstanding salaries/remuneration to the Player as it agreed to release the Player so he
could sign with the Romanian club, and for a considerably higher remuneration.
25. In the context, the Chamber also observed that the Player would be released early from
his contract without paying compensation, that the termination agreement clearly
mentioned that no further amounts were due, and that the Club accepted a lower fee for
the transfer of the Player, a transfer that was issued on the same date as the mutual
termination agreement.
26. The aforesaid was also supported by the fact that the Player failed to counter the argument
of the Club that the parties agreed to part on the terms indicated in the mutual termination
agreement.
27. Consequently, the Chamber concluded that no further amount was due to the Player and
decided to reject the Player’s claim.
d. Costs
pg. 8
REF. FPSD-14088
28. 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.
29. 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.
30. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 9
REF. FPSD-14088
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Hasani Florent, is rejected.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 10
REF. FPSD-14088
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
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 11