DRC Overdue Payables
Texto da decisão
REF. FPSD-16167
Decision of the
Dispute Resolution Chamber
passed on 4 December 2024
regarding an employment-related dispute concerning the
player Nazmi Gripshi
BY:
Johan VAN GAALEN (South Africa)
CLAIMANT:
Nazmi Gripshi, Albania
Represented by Arsen Selmanaj
RESPONDENT:
FC Ballkani, Kosovo
pg. 2
REF. FPSD-16167
I. Facts of the case
1.
On 19 August 2020, the Albanian player Nazmi Gripshi (hereinafter, the Player or the
Claimant) and the Kosovar club FC Ballkani (hereinafter, the Club or the Respondent)
concluded an employment contract (hereinafter, the First Contract) valid as from 19 August
2020 until 30 June 2022.
2.
Pursuant to Clause 9 of the First Contract, the Club undertook to pay the Player (hereinafter,
jointly referred to as the Parties) a monthly remuneration of 2,500 EUR gross until 30 June
2021, and of EUR 3,000 gross from 1 July 2021 until 30 June 2022.
3.
According to Clause 10 of the First Contract, the Player was also entitled to the following:
- The player receives during the month of October 2020 the amount of 15,000 euro.
- The player receives during the month of February 2021 the amount of 10,000 euro.
- The player receives during the month of September 2021 the amount of 15,000 euro.
- The player receives during the month of February 2022 the amount of 15,000 euro.
- The player’s personal bonus for going to Europe is 3,000 euro.
- If the club is declared champion, the player receives 5,000 euro.
- The club provides the player with accommodation (apartment) in Suhereke, while the player
has the obligation to pay his municipal expenses.
- Local bonusses as determined by the club.
4.
Moreover, Clause 4 of the Contract provided as follows:
“Obligations of the club to the player:
(…)
3. Ensuring all the rights of the player based on the employment relationship in accordance with
the law of the state of Kosovo by paying all investigations and contributions credited to the
player”.
5.
On 11 May 2022, the Parties concluded a second employment contract (hereinafter, the
Second Contract), valid as from 1 July 2022 until 30 June 2024.
pg. 3
REF. FPSD-16167
6.
Pursuant to Clause 9 of the Second Contract, the Player was entitled to receive a monthly
salary of 3,482.80 EUR gross, as well as to the following bonuses:
- In the event that [the Club] qualifies for European competitions through the championship
or through the cup, the player is entitled to an additional premium of 5,000 Euros, but in the
event that the club is declared champion, this point does not apply.
- In case that [the Club], wins the title of champion, the player is entitled to a prize of 10,000
Euros.
7.
In accordance with Clause 4.3 of the Contract:
“Obligations of the club to the player:
(…)
3. Ensuring all the rights of the player based on the employment relationship in accordance with
the law of the state of Kosovo by paying all investigations and contributions credited to the
player”.
8.
Also on 11 May 2022, the Parties concluded the so-called “Form of receiving a gift as
acknowledgement and compensation” (hereinafter, the Sign-on fee Agreement), in accordance
with which:
“The club and the player have agreed that as a sign of gratitude, cooperation and compensation
for signing the contract, the club gave the player the sum of 82,000 Euros, the compensation of
this amount by the club will be done according to the previous dynamics.
Payments will they are performed to dynamics as below (sic.):
- In September 2022, the player will be given 20,000 euro;
- In February 2023, the player is given 21,000 euro;
- In the month of September 2023, the player is given 20,000 euro;
- In February 2024, the player will be given 21,000 euro”.
9.
On 6 September 2024, the Player put the Club in default granting it a deadline of ten days
to pay EUR 62,046.28 as outstanding remuneration arising from the First and Second
Contract(s), as well as from the Sign-on fee Agreement.
pg. 4
REF. FPSD-16167
II. Proceedings before FIFA
10. On 20 September 2024, the Claimant filed the claim at hand before FIFA. A summary of the
Parties’ position is detailed below.
a. Position of the Claimant
11. According to the Player, the Club failed to pay several amounts during the validity of both
the First and Second Employment Contract(s) in accordance with Kosovo Tax law. In this
respect, the Player argued that “the method of calculating the net payment by the Club is
completely wrong and contrary to the calculations made according to the tax law in Kosovo”.
12. In particular, the Player sustained that the amount paid by the Club is less than what he
should have received in accordance with Kosovo Tax law.
13. The Player requested the following relief:
I.
The present claim filed by Claimant is admissible.
II.
Respondent is ordered to pay to Claimant outstanding remuneration and salaries of EUR
56,046.28, plus 5% interest p.a. from the due dates until the date of full and effective
payment as defined in the breakdown.
III.
Respondent shall bear any and all the possible costs of this procedure.
IV.
Respondent shall contribute towards the legal expenses of Claimant in an amount of not
less than CHF 2,500.
b. Position of the Respondent
14. The Respondent failed to reply to the claim despite being invited to do so.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter, the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, it took
note that the present matter was presented to FIFA on 20 September 2024 and submitted
for decision on 4 December 2024. Taking into account the wording of art. 34 of the March
2023 edition of the Procedural Rules Governing the Football Tribunal (hereinafter, the
pg. 5
REF. FPSD-16167
Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to the
matter at hand.
16. Furthermore, the Single Judge 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 October
2024 edition of the Regulations (hereinafter, the Regulations), he is competent to deal with
the matter at stake, which concerns an employment-related dispute with an international
dimension between an Albanian player and a Kosovar club.
17. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 26 par.
1 and 2 of the Regulations (October 2024 edition), and considering that the present claim
was lodged on 20 September 2024, the June 2024 edition of said Regulations is applicable
to the matter at hand as to the substance.
b. Admissibility of the claim
18. Before entering into the merits of the dispute, the Single Judge referred to art. 23 par. 3 of
the Regulations, which stipulates that the decision-making bodies of FIFA shall not hear any
dispute if more than two years have elapsed since the facts leading to the dispute arose.
Furthermore, the Single Judge remarked that the application of this time limit shall be
examined ex officio in each individual case.
19. In this context, the Single Judge recalled that the present claim was lodged in front of FIFA
on 20 September 2024. Therefore, in line with art. 23 par. 3 of the Regulations, any amounts
fallen due before 20 September 2022 are affected by the statute of limitations.
20. With the above in mind, the Single Judge noted that in the present case the Player
requested, inter alia, the payment of certain amounts that had fallen due prior to said date.
In particular, the Claimant requested payment of outstanding remuneration corresponding
to all the moths of the entire duration of the First and Second Contracts, i.e., as from August
2020 until June 2024, as well as the first instalment of the Sign-on fee Agreement, which
was due in September 2022.
21. The Single Judge therefore concluded that the Player’s claim is partially time-barred, and
ruled that his claim relating to payments which fell due before 20 September 2022 (i.e.,
salaries from August 2020 to August 2022) is inadmissible as it is affected by the statute of
limitations.
c. Burden of proof
22. The Single 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
pg. 6
REF. FPSD-16167
fact shall carry the respective burden of proof. Likewise, the Single Judge stressed the
wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he may consider
evidence not filed by the Parties, including without limitation the evidence generated by or
within the Transfer Matching System (TMS).
d. Merits of the dispute
23. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations it will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
i. Main legal discussion and considerations
24. The Single Judge then moved to the substance of the matter, and, after having established
the partial prescription of the claim, took note of the fact that it concerned a claim from a
player against a club for outstanding remuneration arising from the Second Contract and
the Sign-on fee Agreement.
25. The Single Judge observed that, according to the Player, the amounts paid by the Club
throughout the duration of the employment relationship were less than what he should
have received in accordance with Kosovo tax law.
26. In particular, the Single Judge noted that, according to the Player, the amounts paid by the
Club as salary during the validity of the employment relationship were lower than the
amount allegedly agreed under the Second Contract. Consequently, the Player claimed
being entitled to the difference between the allegedly agreed amounts and the ones
already paid. Furthermore, the Player also claimed being entitled to a bonus as well as to
the first instalment of the Sign-on fee Agreement.
27. For the sake of clarity, the Single Judge observed that the Player acknowledged having
received the following amounts and concepts, and noted that the Claimant calculated the
alleged outstanding remuneration on the basis of the gross-to-net salary calculation of the
Tax Administration of Kosovo as follows:
pg. 7
REF. FPSD-16167
PAYMENT CONCEPT
September 2022 sign-on fee
September 2022 salary
October 2022 salary
November 2022 salary
December 2022 salary
January 2023
February 2023 sign-on fee
February 2023 salary
March 2023 salary
April 2023 salary
May 2023 salary
June 2023 salary
July 2023 salary
August 2023 salary
September 2023 sign-on fee
September 2023 salary
October 2023 salary
November 2023 salary
December 2023 salary
January 2024 salary
February 2024 sign-on fee
February 2024 salary
March 2024 salary
April 2024 salary
May 2024 salary
June 2024 salary
Bonus - Championship
RECEIVED
EUR 3,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 20,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 20,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 20,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 3,000
EUR 3,000
-
OUTSTANDING
EUR 20,000
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 156,72
EUR 10,000
28. The Single Judge also observed that the claim remained uncontested by the Respondent,
and therefore concluded that the decision will be made based on the arguments and
documentation on file (cf. art. 21 par. 1 of the Procedural Rules).
29. In this context, the Single Judge acknowledged that his task was to determine, based on the
evidence presented by the Player and considering that his claim remained uncontested by
the Respondent, whether the Claimant was entitled to any of the amounts claimed. For the
sake of clarity, the Single Judge addressed each of the concepts claimed separately.
i.
Monthly remuneration
30. The Single Judge noted that, according to the Player, his net monthly remuneration under
the Second Contract was EUR 3,156.72, whereas the Club remitted monthly payments in
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REF. FPSD-16167
the amount of EUR 3,000 during the validity of the Second Contract. Consequently, the
Player claimed being entitled to the difference between the allegedly agreed amounts and
the ones already paid, which amounted to EUR 156.72 per month.
31. In support of his allegations, the Player relied on the gross-to-net calculation of the official
website of the Tax Administration of Kosovo, which allegedly confirmed the Player’s claim.
Nonetheless, the Single Judge found that the foregoing was not enough to accept the
Player’s version relating to the tax payable by the Club pursuant to Clause 4.3 of the
Contract.
32. In this respect, the Single Judge noted that the Player did not provide any evidence as to
the applicable tax legislation in Kosovo. Accordingly, the Single Judge considered that the
calculation submitted by the Player was not backed with the relevant evidence, as it may
well be that there are other taxes applicable to the Player’s salary (for instance, social
security) which are not reflected in the calculation submitted. In other words, the Single
Judge found that the Player failed to prove that the income tax was the only levy applicable
to salaries in Kosovo.
33. In view of the above, the Single Judge decided to reject the Player’s claim relating to the
residual amount as monthly remuneration.
ii.
September 2022 sign-on fee
34. The above having been established, the Single Judge went on to examine whether the
Player was entitled to the first instalment of the Sign-on fee agreement which, according to
the Player, remained unpaid.
35. In this respect, the Single Judge noted that the Respondent bore the burden of proving that
it complied with the aforementioned payment. Nonetheless, the Single Judge noted that
the Club failed to reply to the claim, despite being invited to do so, and that therefore it did
not refute the Player’s allegations in this regard, which remained uncontested.
36. Accordingly, the Single Judge determined that the Player is entitled to EUR 20,000 as the
first instalment of the Sign-on Agreement.
iii.
Championship bonus
37. Lastly, the Single Judge addressed the Player’s claim relating to the bonus of EUR 10,000
after the Club allegedly won the championship during the relevant season.
38. In this respect, and bearing in mind art. 13 par. 5 of the Procedural Rules and the general
principle of the burden of proof, the Single Judge noted that the Player did not advance any
supporting evidence to demonstrate that the Club had indeed won the championship.
pg. 9
REF. FPSD-16167
39. Consequently, and in the absence of any corroborating evidence, the Single Judge decided
to reject the Player’s claim relating to the bonus.
40. In view of the all the foregoing considerations, and bearing in mind the basic legal principle
of pact sunt servanda, which in essence means that agreements must be respected by the
parties in good faith, the Single Judge decided that the Respondent is held liable to pay the
Claimant the first instalment of the Sign-on Agreement in the amount of EUR 20,000.
41. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Dispute Resolution Chamber in this regard, the Single Judge decided to award the
Claimant interest at the rate of 5% per annum on the outstanding amounts as from 1
October 2022 until the date of effective payment.
ii. Art. 12bis of the Regulations
42. In continuation, the Single Judge 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.
43. To this end, the Single Judge confirmed that the Player put the Club in default of payment
of the amounts sought, which had fallen due more than 30 days before, and granted the
Club a 10-day deadline to cure such breach of contract.
44. Accordingly, the Single Judge confirmed that the Club had delayed a due payment without
a prima facie contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
45. The Single Judge further established that by virtue of art. 12bis par. 4 of the Regulations he
has competence to impose sanctions on the Club. On account of the above the Single Judge
decided to impose a warning on the Club in accordance with art. 12bis par. 4 lit. a) of the
Regulations.
46. Lastly, the Single Judge 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.
iii. Compliance with monetary decisions
47. Finally, taking into account the applicable Regulations, the Single Judge 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
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REF. FPSD-16167
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
48. In this regard, the Single Judge 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.
49. Therefore, bearing in mind the above, the Single Judge 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.
50. 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.
51. The Single Judge 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.
e. Costs
52. The Single Judge 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 Single Judge decided that no procedural costs were to be
imposed on the Parties.
53. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
54. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the Parties.
pg. 11
REF. FPSD-16167
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Nazmi Gripshi, is partially accepted insofar as it is admissible.
2.
The Respondent, FC Ballkani, must pay to the Claimant the following amount(s):
EUR 20,000 as outstanding remuneration plus 5% interest per annum as from 1 October
2022 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. 12
REF. FPSD-16167
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
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396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 13