Labour Disputes
Texto da decisão
REF. FPSD-15927
Decision of the
Dispute Resolution Chamber
passed on 20 November 2024
regarding an employment-related dispute concerning
the player Engjell Hoti
BY:
Stefano SARTORI (Italy)
CLAIMANT:
Engjell Hoti, Germany
Represented by Deniz Akbıyık
RESPONDENT:
ŁKS Łódź, Poland
pg. 2
REF. FPSD-15927
I. Facts of the case
1.
On 21 June 2023, the German player Engjell Hoti (hereinafter, the Claimant or the Player)
and the Polish club ŁKS Łódź Spółka Akcyjna (hereinafter, the Respondent or the Club)
concluded an employment contract (hereinafter, the Contract) valid as from 1 July 2023
until 30 June 2025.
2.
Pursuant to Clause 5 of the Contract, the Club undertook to pay the Player PLN 480,000
plus VAT per season in twenty-four monthly instalments of PLN 40,000 plus VAT, payable
by the 10th day of the following month.
3.
In accordance with Clause 9.6 of the Contract:
“In the event of the Clubs relegation from the Ekstraklasa S.A. after the 2023/2024 season, the
Parties shall be entitled to unilaterally terminate the Contract by written declaration delivered
via e-mail or post to the other Party within 14 days from the last day of the 2023/2024 season.
The Contract is terminated on the day the declaration is delivered to the other Party”.
4.
On 6 June 2024, the Player terminated the Contract based on Clause 9.6.
5.
On 7 July 2024, the Club issued a letter confirming that “The Contract between [the Club] and
[the Player] expired on 6 June 2024. Player from 07.06.2024 has the status of a free player”.
6.
On 31 July 2024, the Player issued an invoice to the Club in the amount of PLN 9,522.59
with concept “provision of services in accordance with contract of 21 June 2023”, and for the
“June 2024 sales period”.
7.
On 9 August 2024, the Player put the Club in default requesting payment of PLN 40,000
plus VAT (total of PLN 49,200 net). The Player granted a deadline of ten days to the Club to
comply with its financial obligations.
8.
Also on 9 August 2024, the Club replied the aforementioned letter rejecting the Player’s
entitlement to any amounts based on the fact that he terminated the Contract on 6 June
2024.
9.
Also on 9 August 2024, the Club paid the Player PLN 9,022.59.
pg. 3
REF. FPSD-15927
II. Proceedings before FIFA
10. On 5 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 did not pay the last instalment of the 2023/2024 season
in full (June 2024), and thus claimed being entitled to PLN 40,177.41 (i.e., PLN 40,000 plus
VAT as agreed minus PLN 9,022.59 already paid on 9 August 2024).
12. The Player sustained that “(…) the obligation of the Club to pay the last instalment remains
due, even if the Contract was terminated before the payment date of the last instalment”.
13. The Player requested the following relief:
i. To accept the claim filled by the Player;
ii. To oblige the Respondent to pay to the Claimant the amount of 40.177,41 PLN regarding
outstanding guaranteed salaries under the Contract;
iii. To award 5% (five per cent) p.a. interest for late payment of remuneration in the amount of
40.177,41 PLN starting from 10 June 2024 until payment date;
iv. With regard to the late payment of the salaries for more than 30 days without contractual
basis, to impose disciplinary sanctions against the Respondent, which FIFA deems
appropriate, in accordance with art. 12bis of FIFA RSTP, if accepted by DRC to condemn the
Club pay compensation;
v. To oblige the Respondent to pay the attorney’s fees and all expenses.
b. Position of the Respondent
14. In its reply, the Club initially pointed out that pursuant to the regulations of the Polish
Football Association (PZPN), a “season” is a period from 1 July to 30 June of each year. In this
respect, “Considering that the contract was terminated before June 30, 2024 there are no
grounds to the player’s request for remuneration for the whole season”.
15. The Club sustained that, by virtue of the Player’s termination letter of 6 June 2024, the
Contract was effectively terminated on 6 June 2024 and, consequently, the Player was no
longer contractually bound to the Club as from 7 June 2024 and all the obligations were
extinguished.
pg. 4
REF. FPSD-15927
16. The Club further argued that the Player did not attend any training sessions or matches
after 6 June 2024, and did not fulfil any other contractual obligation either. In this respect,
“Any remuneration received by the Player for the period after June 7, 2024 would constitute
unjust enrichment, as no equivalent service was provided by the Claimant that would benefit the
Club”.
17. Moreover, the Club argued that the Player still had more than 30 days before the deadline
provided in Clause 9.6 of the Contract, meaning that he could have terminated the Contract
in July 2024, however “(…) he wanted to terminate the contract with the Club as soon as possible
and seek new employment, which he successfully did”.
18. The Club sustained that the payment of 9 August 2024 was made per the invoice provided
by the Player in the amount of PLN 9,522.59 after deducting PLN 500 pursuant to the Club’s
internal regulations for the match shirts that the Player decided to keep.
19. The Club requested that the claim is dismissed in full.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
20. 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, he took
note that the present matter was presented to FIFA on 5 September 2024 and submitted
for decision on 20 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.
21. 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 on the Status and Transfer of Players (hereinafter, the
Regulations), he is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a German player
and a Polish club.
22. 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 5 September 2024, the June 2024 edition of said Regulations is applicable
to the matter at hand as to the substance.
pg. 5
REF. FPSD-15927
b. Burden of proof
23. The Single Judge 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 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).
c. Merits of the dispute
24. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, he 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
25. The Single Judge then moved to the substance of the matter and took note that it
concerned a claim for outstanding remuneration.
26. In this respect, the Single Judge initially noted that it was not disputed between the parties
that the Player terminated the Contract on 6 June 2024 based on Clause 9.6 provided
therein nor its contractual basis to do so. The Single Judge also noted that it was not
disputed either that the Club made a payment of PLN 9,022.59, corresponding to the
period as from 1 to 6 June 2024. Nonetheless, the Single Judge observed that the parties
strongly disputed the Player’s entitlement to any remuneration for the remaining part of
June 2024.
27. In particular, the Single Judge observed that, according to the Player, the Club should be
held liable to pay the full salary for June 2024 despite the Contract was terminated on 6
June 2024, as it provided the Player’s entitlement to the agreed salary for the whole season.
Furthermore, the Single Judge also observed that the Player sustained that the Club
confirmed the Player’s entitlement to the claimed amounts after having partially paid the
June 2024 salary.
28. The Single Judge also observed that, according to the Club, the parties’ obligations were
extinguished after the Player terminated the Contract on 6 June 2024. In this respect, the
Club sustained that the Player did not render any services as from 7 June 2024, and thus
no remuneration should be paid. Furthermore, the Club argued that its payment of 9
pg. 6
REF. FPSD-15927
August 2024 corresponded to the invoice issued by the Player after deducting PLN 500 for
the match shirts he decided not to return.
29. In this context, the Single Judge determined that his task was to assess whether the Player
should be entitled to any remuneration for the period running from 7 to 30 June 2024.
30. In doing so, the Single Judge recalled that, pursuant to Clause 9.6 of the Contract, “In the
event of the Clubs relegation from the Ekstraklasa S.A. after the 2023/2024 season, the Parties
shall be entitled to unilaterally terminate the Contract by written declaration delivered via email or post to the other Party within 14 days from the last day of the 2023/2024 season. The
Contract is terminated on the day the declaration is delivered to the other Party”.
31. Based on the cited provision, the Single Judge noted that both the Player and the Club were
entitled to terminate the Contract in case of relegation of the latter after the 2023/2024
season. In this respect, the Single Judge deemed that, by making use of his right conferred
in the aforementioned clause, the Player chose to terminate the Contract with effect from
the termination notice, i.e., on 6 June 2024.
32. Accordingly, the Single Judge concluded that the termination of the Contract implied that
the Player was no longer obliged to fulfil his contractual obligations (i.e., training,
participating in games, etc.) whilst, at the same time, the Club was either no longer obliged
to pay him any remuneration in exchange, as no services were no longer provided. In other
words, in the absence of services rendered, no remuneration is payable.
33. Based on the above, the Single Judge decided to reject the Player’s entitlement to
remuneration as from 7 June 2024, i.e., after the termination of the Contract.
34. The above considerations are, however, irrespective of the Player’s entitlement to the
amount deducted by the Club in its payment of 9 August 2024 for the match shirts that the
Player allegedly did not return. In this respect, the Single Judge noted that the Contract
does not foresee the possibility to deduct any amounts to the Player under this concept
and, consequently, decided that the Club was not entitled to do so.
35. In view of the foregoing and bearing in mind the legal principle of pacta sunt servanda, the
Single Judge decided that the Player is entitled to receive his full salary for the period
between 1 and 6 June 2024, i.e., until the termination of the Contract, and that consequently
the Club is liable to pay the Player the amount of PLN 500 previously deducted.
36. 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 as from 10 June 2024 until the date of
effective payment.
pg. 7
REF. FPSD-15927
ii. Compliance with monetary decisions
37. 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
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
38. 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.
39. 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.
40. 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.
41. 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.
d. Costs
42. 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.
43. 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.
44. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 8
REF. FPSD-15927
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Engjell Hoti, is partially accepted.
2.
The Respondent, ŁKS Łódź, must pay to the Claimant the following amount(s):
PLN 500 as outstanding remuneration plus 5% interest per annum as from 10 June 2024
until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
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.
6.
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.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 9
REF. FPSD-15927
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. 10