Labour Disputes
Texto da decisão
REF FPSD-2983
Decision of the
Dispute Resolution Chamber
passed on 8 October 2021
regarding an employment-related dispute concerning the player
Ricardo Henrique Schuck Friedrich
BY:
Clifford J. Hendel (USA & France), Chairperson
Daan de Jong (The Netherlands)
Tomislav Kasalo (Croatia), member
CLAIMANT:
Ricardo Henrique Schuck Friedrich, Brazil
RESPONDENT:
MKE Ankaragucu SK, Turkey
Page 2
REF FPSD-2983
I.
Facts
1. On 30 January 2020, The Claimant and the Respondent signed an employment contract valid until 30
June 2021.
2. According to the contract, the player was entitled, inter alia, to the following:
“I. 2019-2020 Football season
(…)
1.2 Bonus If MKE Ankaragucu SK do not get relegated in the 2019/2020 season a further 20,000 Euro
is to be paid from MKE Ankaragucu SK to Player.”
“II. 2020-2021 Football Season
2.1.Guaranteed Wage
The football player shall be paid a guaranteed wage of 250.000EUR.
31.08.2020 on salary 25.000EUR
30.09.2020 on salary 25.000EUR
31.10.2020 on salary 25.000EUR
30.11.2020 on salary 25.000EUR
31.12.2020 on salary 25.000EUR
31.01.2021 on salary 25.000EUR
28.02.2021 on salary 25.000EUR
31.03.2021 on salary 25.000EUR
30.04.2021 on salary 25.000EUR
31.05.2021 on salary 25.000EUR
Total 250.000EUR.
2.2 Bonus
Within 60 days following the end of season, the football player shall be paid an achievement bonus of
500 EUR if the player finished the game as clean sheet . per match during the seasons when this contract
is effective-“
(…)
III. d) For the per season, there will be 4 rounds of economy class airline tickets for Ankara-Porto Alegre
-Ankara. The footballer must be notified of the ticket request 15 days before his travel.”
3.
On 24 July 2020, the player, via his legal representative, sent a default notice with the following contents:
“Up to the present date, however, the Player has only received the amount of EUR 97,750.00
(…)resulting in a debt of EUR 92,250.00 (…) We hereby request the Club to promptly cure its default by
paying any and all outstanding salaries due to the Player under the Agreement within 15 (fifteen) days
upon receipt of this notification.”
4.
The player sent new default notices on 5 August 2020, 6 August 2020, 24 February 2021, 4 May 2021
5.
On 6 July 2021, the Claimant lodged a claim before FIFA and requested the payment of EUR 144.000,00
plus TRL 13.392,38, plus 5% interest p.a. as from the due dates, detailed as follows
(i)
Bonus of EUR 20.000, related to the maintenance of the Respondent at the First Division;
(ii)
Oustanding salary from January 2021 to May 2021, in the sum amount of EUR 121.000
(iii)
EUR 3,000 regarding with 6 (six) bonus of per match clean sheet;
(iv)
TRL 13,392.38 related with his return flight ticket from Ankara (TUR) to Porto-Alegre (BRA). In this
regard, the player attached an e-ticket from Turkish Airlines.
6.
In addition, the player requested EUR 10,000 as legal fees.
Page 3
REF FPSD-2983
7.
In its reply to the claim, the Respondent argued that it “made important part of the payments”.
8.
In this respect, the club provided a series of bank receipts, as follows:
Name:
Date:
Amount
DenizBank e-receipt (PAYMENT 02.04.2021
EUR 5,000
ACCORDING
TO
2020/21
SEASON CONTRACT)
ZiraatBankası Receipt
19.03.2021
EUR 25,000
ZiraatBankası Receipt
12.03.2021
EUR 24,000
ZiraatBankası Receipt
23.09.2020
EUR 25,000
DenizBank e-receipt
27.11.2020
EUR 5,000
ZiraatBankası Receipt
18.12.2020
EUR 25,000
ZiraatBankası Receipt
4.12.2020
EUR 25,000
9.
The respondent further rejected the payment of the bonus since it finished the league at the bottom of
the table and was relegated. However, the club explained that although the club had relegated to a
lower league. the Turkish Football Federation decided to cancel the relegation because of tire Covid-19
Pandemic in the 201912020 Football season. In the opinion of the club, “it is crystal clear that the bonus
is determined tbr sportive success. However. the team and the player could not succeed to stay in the
league at the end of the spofiİve season. Thus. the player did not deserve the bonus and he should not
be awarded while there İs not sportive success.”
10.
In his replica, the player explained that he was paid as follows:
Date of payment amount paid
18/02/2020
€ 25.000,00
23/09/2020
€ 25.000,00
27/11/2020
€ 5.000,00
04/12/2020
€ 25.000,00
12/03/2021
€ 24.000,00
19/03/2021
€ 25.000,00
TOTAL
€ 129.000,00
11. The player therefore calculated that the club owes him the following amounts:
“Total amount due in connection with 2020/2021 Football season: € 250.000
Total paid: € 129.000
EUR 250.000 - EUR 129.000,00 = EUR 121.000”
12. As to the bonus, the player argued that it does not matter if the Respondent had or did not have not
success at 2019/2020 Football Season, since the only condition necessary for the Player be entitled to
receive the bonus was Ankaragucu competing at the First Division (Turkish Super League) at 2020/2021
Football Season, which undisputed occurred.
13. In view of the above, the player insisted in his initial request.
14. As final comments, the Respondent argued that “the player did not deserve the bonus and he should
not be awarded while there is not sportive success,
Page 4
REF FPSD-2983
II.
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 January 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 January 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 Chamber noted that, on 30 January 2020, the Claimant and the Respondent
signed an employment contract valid until 30 June 2021 with the conditions quoted in point I.2
above.
6. Thereafter, the Chamber noted that the Claimant lodged a claim before FIFA and requested the
payment of EUR 144.000,00 plus TRL 13.392,38, plus 5% interest p.a. as from the due dates,
detailed as follows
(v)
Bonus of EUR 20.000, related to the maintenance of the Respondent at the First Division;
(vi)
Oustanding salary from January 2021 to May 2021, in the sum amount of EUR 121.000
(vii)
EUR 3,000 regarding with 6 (six) bonus of per match clean sheet;
(viii)
TRL 13,392.38 related with his return flight ticket from Ankara (TUR) to Porto-Alegre
(BRA).
7. On the other hand, the Chamber took note of the Respondent’s position, which argued that it
“made important part of the payments”. In particular, the Chamber observed that the club
provided the following receipts:
Name:
Date:
DenizBank
e-receipt 02.04.2021
(PAYMENT ACCORDING TO
Amount
EUR 5,000
Page 5
REF FPSD-2983
2020/21
SEASON
CONTRACT)
ZiraatBankası Receipt
ZiraatBankası Receipt
ZiraatBankası Receipt
DenizBank e-receipt
ZiraatBankası Receipt
ZiraatBankası Receipt
19.03.2021
12.03.2021
23.09.2020
27.11.2020
18.12.2020
4.12.2020
EUR 25,000
EUR 24,000
EUR 25,000
EUR 5,000
EUR 25,000
EUR 25,000
8. The Chamber then observed that, in his replica, the player argued that that the club owes him the
following amounts:
“Total amount due in connection with 2020/2021 Football season: € 250.000
Total paid: € 129.000
EUR 250.000 - EUR 129.000,00 = EUR 121.000”
9.
Within this context, the Chamber considered pertinent to recall the contents of art. 12 of the
Procedural Rules, according to which “3. Any party claiming a right on the basis of an alleged fact
shall carry the burden of proof. During the proceedings, the parties shall submit all relevant facts
and evidence of which they are aware at that time, or of which they should have been aware if
they had exercised due care” and “7. Evidence shall be considered with free discretion, taking
into account the conduct of the parties during the proceedings, especially a failure to comply with
a personal summons, a refusal to answer questions and the withholding of requested evidence.”
10. In view of the above, and after taking into consideration the arguments of the parties as well as
the evidence gathered during the course of the investigation, the Chamber determined that, while
taking into account that the player’s salary for the 2020/2021 season was EUR 250,000, whereas
the club proved (and was acknowledged by the player), that he received EUR 129,000.
11. In other words, the Chamber understood that the debt of the club toward the play as to his salary
amounts to him EUR 121,000 (i.e. EUR 250.000 - EUR 129.000).
12. Therefore, while assuming that all partial payments shall be attributed to the oldest instalments,
the Chamber calculated that the player is still entitled to the following:
31.01.2021 on salary 21.000 EUR (i.e. EUR 4,000 from this month can be estimadtd as settled)
28.02.2021 on salary 25.000 EUR
31.03.2021 on salary 25.000 EUR
30.04.2021 on salary 25.000 EUR
31.05.2021 on salary 25.000 EUR
Total: EUR 121,000.
13. Besides, the Chamber observed that the player requested the payment of Bonus of EUR 20.000,
related to the maintenance of the Respondent at the First Division, which was stipulated in point
1.2. of the contract, i.e. “If MKE Ankaragucu SK do not get relegated in the 2019/2020 season”
14. In relation to said payment, the Chamber took note of the Respondent’s position, which provided
that although the club had relegated to a lower league. the Turkish Football Federation decided
Page 6
REF FPSD-2983
to cancel the relegation because of tire Covid-19 Pandemic in the 201912020 Football season.
Hence, the Respondent rejected the payment of said amount.
15. To this end, the DRC considered that the argumentation of the club regarding the relegation
bonus could not be followed since the club, irrespective of the reason, was not de facto
relegated. Consequently, the DRC found that the bonus target regarding the (non)
relegation of the club hence was unquestionably reached and should be awarded. As a
result, the Chamber established that the amount of EUR 20,000 is due for said bonus.
16. The Chamber further observed that the player requested the payment of EUR 3,000 “EUR 3,000
regarding with 6 (six) bonus of per match clean sheet” in accordance with art. 2.2 of the contract.
17. In relation to said request, and after analyzing the arguments and documentation gathered during
the course of the investigation, the Chamber understood that the player sufficiently proved that
he was contractually entitled to said bonus in the total amount of EUR 3,000.
18. 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 EUR 144,000 (i.e. 121,000 + 20,000 + 3,000), as agreed in the contract concluded
between the parties.
19. 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 5% interest p.a.
over said amount as from the due dates.
20. In addition, the Chamber examined the player’s request for TRL 13,392.38 related with his return
flight ticket from Ankara (TUR) to Porto-Alegre (BRA).
21. In this respect, the Chamber noted that point III. D) of the contact stipulate that “For the per
season, there will be 4 rounds of economy class airline tickets for Ankara-Porto Alegre -Ankara.
The footballer must be notified of the ticket request 15 days before his travel.”
22. In view of the above, and considering that the player sufficiently justified that he incurred in said
costs, the Chamber determined that, in accordance with the principle of pacta sunt servanda,
that the club shall reimburse the player with the amount of TRL 13,392.38 .
23. The Chamber also referred to article 18 par. 2 of the Procedural Rules, according to which
“DRC proceedings relating to disputes between clubs and players in relation to the
maintenance of contractual stability as well as international employment related disputes
between a club and a player are free of charge”. Accordingly, the Chamber decided that
no procedural costs were to be imposed on the parties. Likewise and for the sake of
completeness, the Chamber recalled the contents of art. 18 par. 4 of the Procedural Rules,
and decided that no procedural compensation shall be awarded in these proceedings.
24. 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.
Page 7
REF FPSD-2983
25. In this regard, the Dispute Resolution Chamber pointed out 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 and for the
maximum duration of three entire and consecutive registration periods.
26. 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
moment in which the Claimant, following the notification of the present decision, communicates
the relevant bank details to the Respondent, a ban from registering any new players, either
nationally or internationally, for the maximum duration of three entire and consecutive
registration periods shall become effective on the Respondent in accordance with art. 24bis par.
2 and 4 of the Regulations.
27. 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.
Page 8
REF FPSD-2983
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Ricardo Henrique Schuck Friedrich, is partially accepted.
2.
The Respondent, MKE Ankaragucu SK, has to pay to the Claimant, the total amount of EUR
144,000, plus interest as follows:
-
5% interest p.a. as from 31 January 2021 over the amount of EUR 21,000 until the date of effective payment;
5% interest p.a. as from 28 February 2021 on salary EUR 25,000 until the date of effective payment;
5% interest p.a. as from 31 March 2021 over the amount of 25,000 EUR until the date of effective payment;
5% interest p.a. as from 30 April 2021 over the amount of 25,000 EUR until the date of effective payment;
5% interest p.a. as from 31 May 2021 over the amount of 25,000 EUR until the date of effective payment;
5% interest p.a. as from 1 July 2020 over the amount of EUR 20,000 until the date of effective payment;
5% interest p.a. as from 1 September 2021 over the amount of EUR 3,000 until the date of effective payment.
3.
The Respondent has to pay to the Claimant the additional amount of TRL 13,392.38,
corresponding to flight tickets.
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. 24 of the Regulations on the Status and Transfer of Players (August 2021
edition), 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
Page 9
REF FPSD-2983
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
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
Page 10