Labour Disputes
Texto da decisão
REF. FPSD-15882
Decision of the
Dispute Resolution Chamber
passed on 8 November 2024
regarding an employment-related dispute concerning the player Mario
Ilievski
BY:
Michele COLUCCI (Italy)
CLAIMANT:
Mario Ilievski, North Macedonia
Represented by Hrvoje Raic
RESPONDENT:
Kisvarda, Hungary
pg. 2
REF. FPSD-15882
I. Facts of the case
1.
On 4 July 2022, the North Macedonian player Mario Ilievski (hereinafter: the Player or the
Claimant), and the Hungarian club Kisvarda FC (hereinafter: the Club or the Respondent)
entered into an employment contract (hereinafter: the Contract) valid as from 6 July 2022
until 30 June 2025.
2.
In accordance with the Contract, the parties agreed on the following remuneration:
“Sum and currency of the Football Player’s salary (gross/ net): 1.500.000,- Ft/month
net (equivalent to 3.750 euro by the time of the signing of the contract) from 06 th July
2022 until 30th June 2023, then 1.700.000.- Ft/month net (equivalent to 4.250 euro by
the time of the signing of the contract) from 01st July 2023 until 30th June 2024. From
01st July 2024 the player’s salary will rise to 2.100.000,- Ft/ month net (equivalent to
5.250 euro by the time of the signing of the contract) if player played at least 60% of
championship games in the starting eleven in the previous season. If the contract
extension option will take effect, the player’s salary will rise to 2.500.000,- Ft/month
net (equivalent to 6.250 euro by the time of the signing of the contract) from 01 st July
2025 until 30th June 2026.”
3.
In addition, clause XII of the Contract stipulated the following (quoted verbatim):
“Parties agree, that if the Club loses the appearance of the National First League
during the term of his contract, in this case the contract brakes by the Parties initiation
and Client has the freedom of his Player Eligibility.”
4.
On 13 June 2024, the Player unilaterally terminated his contract stating the following
(quoted verbatim):
“Pursuant to the documentation I received from the Player, I can confirm the following:
a) That on 4 July 2022 the Player signed with the Kisvarda FC (Varda Labdarugo
Szolgatato Kft.) from Hungary (hereinafter: the Club) Employment contract with
professional football player valid from 6/7/2022 until 30/6/2025 (hereinafter: the
Employment contract), according to which the Player and the Club, inter alia,
agreed in article XII. On the following provision: “if the Club loses the appearance
of the National First League during the term of this contract, in this case the
contract brakes by the Parties initiation and Client has the freedom of his Player
Eligibility”, meaning that each party is entitled to terminate subject contract in the
event the Club is relegated from Hungarian first league(“Namzeti Bajnoksag”), in
which case the Player shall be considered as a free agent, and
b) That following the last championship match in the Hungarian first league, the Club
has been relegated from the league in question to the lower division.
pg. 3
REF. FPSD-15882
In this context and since the Club has been relegated from the Hungarian first league
(“Namzeti Bajnoksag”), it is evident that based on the afore-cited provision, the Player
is entitled to unilaterally terminate the Employment contract with immediate effect
and without any consequences.
In view of the foregoing, the Player, through his legal counsel, exercises his right arising
from article XII, of the Employment contract and sends to the Club this letter as a
notice of termination of the Employment contract.”
5.
On 14 June 2024, the Club replied to the above correspondence disputing the Player’s
termination.
6.
On 2 July 2024, the Club sent a letter to the Player asking him to return to his trainings.
7.
On 5 July 2024, the Player sent a letter to the Club reiterating that the Contract has been
terminated.
II. Proceedings before FIFA
8.
On 3 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
9.
The requests for relief of the Claimant, were the following:
I.
“To ascertain that the Claimant terminated the Employment contract signed
with the Respondent with just cause; and
II.
to condemn the Respondent to pay in favour of the Claimant outstanding
remuneration of net EUR 1,841.66 (one thousand eight hundred and forty-one
euros and sixty-six cents), which matured on 13/6/2024, within 45 days as from
the date of notification of the decision in the matter of the reference to the
Respondent; and
III.
to condemn the Respondent to pay all relevant taxes, state contributions and
surcharges, on top of the above-mentioned net amounts, within 45 days as
from the date of notification of the decision in the matter of the reference to
the Respondent;
or alternatively
pg. 4
REF. FPSD-15882
to condemn the Respondent to provide the Claimant with the corresponding
tax certificates concerning the payment of all the above specified net amounts
alongside all the net amounts already paid to the Claimant during the term of
the Employment contract, within 45 days as from the date of notification of
the decision in the matter of the reference to the Respondent; and
IV.
to condemn the Respondent to pay in favour of the Claimant default interest
of 5% per year on the aforementioned amount starting from the respective
date of maturity stipulated in the point II. above until the effective date of the
payment, within 45 days as from the date of notification of the decision in the
matter of the reference to the Respondent; and
V.
to impose sporting sanctions against the Respondent, all in the light of FIFA
RSTP”.
b. Position of the Respondent
10. Despite being invited to do so, the Respondent did not provide their reply.
pg. 5
REF. FPSD-15882
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
11. 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 3 September 2024 and submitted
for decision on 8 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.
12. 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
Regulations on the Status and Transfer of Players (June 2024 edition), the Single Judge is
competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a North Macedonian player and a
Hungarian club.
13. 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 on the Status and Transfer of Players (June 2024 edition), and
considering that the present claim was lodged on 3 September 2024, the June 2024 edition
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
b. Burden of proof
14. 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
15. 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 he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
pg. 6
REF. FPSD-15882
i. Main legal discussion and considerations
16. The Single Judge then moved to the substance of the matter, and took note of the fact that
the Claimant is requesting the outstanding remuneration corresponding to the 13 days
worked in June 2024, arising from the Contract.
17. The Single Judge underlined that the Respondent failed to present their reply to the claim
of the Claimant, and therefore his decision would be made on the basis of the
documentation on file, that is, the argumentation and evidence exclusively filed by the
Claimant, in line with article 14 par. 1 of the Procedural Rules.
18. In continuation, the Single Judge noted that the parties concluded an employment contract
valid from 6 July 2022 until 30 June 2025, which on 13 June 2024, was unilaterally terminated
by the Player. The Single Judge also noted that such termination was disputed by the Club
on 14 June 2024, however, during the current proceedings, the Respondent did not contest
such termination and did not provide its position to the claim. Therefore, for the purposes
of the present claim, the Single Judge did not enter into the discussion of the termination
of the Contract, as the Player only requested the payment of outstanding salaries, and the
Club did not address any request in this regard.
19. In this context, the Single Judge acknowledged that his task was to determine which was
the amount due.
20. In doing so, the Single Judge acknowledged that the Player alleges that the salary
corresponding to the 13 days worked in June 2024 remains outstanding. The Single Judge
also observed that according to the Contract, the Player’s salary was EUR 4,250 net per
month for the period of 1 July 2023 until 30 June 2024.
21. Therefore, the amount corresponding to 13 days of salary for the month of June 2024 is
EUR 1,841,66, i.e. (EUR 4,250 net/ 30 days x 13 days).
22. Consequently, the Single Judge decided to award the amount of EUR 1,841.66 net as
outstanding remuneration for the 13 days worked in June 2024.
23. 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% p.a. over the amount of EUR 1,841.66 as from 14 June
2024 until the date of effective payment.
24. Finally, the Single Judge noted that the Player requested to condemn the Respondent to
pay all relevant taxes, state contributions and surcharges or to provide the Claimant with
the corresponding tax certificates.
pg. 7
REF. FPSD-15882
25. In this regard, the Single Judge considered that there is no contractual basis to condemn
the Respondent to pay the relevant taxes or to provide a tax certificate and therefore, such
request has been rejected.
ii. Compliance with monetary decisions
26. 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.
27. 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.
28. 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.
29. 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.
30. 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
31. 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.
32. 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.
pg. 8
REF. FPSD-15882
33. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 9
REF. FPSD-15882
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Mario Ilievski, is partially accepted.
2.
The Respondent, Kisvarda, must pay to the Claimant the following amount(s):
- EUR 1,841.66 net as outstanding remuneration plus 5% interest p.a. as from 14 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
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REF. FPSD-15882
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
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