Labour Disputes
Texto da decisão
REF. FPSD-10972
Decision of the
Dispute Resolution Chamber
passed on 7 March 2024
regarding an employment-related dispute concerning
the player Lamin Jarjou
BY:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Mario FLORES CHEMOR (Mexico), member
Roy VERMEER (The Netherlands), member
CLAIMANT / COUNTER-RESPONDENT:
Al Hilal KH, Sudan
Represented by Pedro Macieirinha
RESPONDENT / COUNTER-CLAIMANT:
Lamin Jarjou, Gambia
Represented by Antoine Semeria
INTERVENING PARTY:
Grenoble Foot 38, France
pg. 2
REF. FPSD-10972
I. Facts of the case
1.
On 1 August 2022, the Gambian player, Lamin Jarjou (hereinafter: Respondent / CounterClaimant or player) and the Sudanese club, Al Hilal KH (hereinafter: club or Claimant /
Counter-Respondent) concluded an employment contract (hereinafter: contract) valid as
from 1 August 2022 until 31 July 2027.
2.
According to the contract, the club undertook to pay the player the following amounts:
- USD 4,000 as monthly salary (USD 48,000 per season);
- USD 200 as monthly housing allowance;
- USD 72,000 as signing fee;
- USD 32,000 on 1 August 2023;
- USD 42,000 on 1 August 2024;
- USD 52,000 on 1 August 2025;
- USD 52,000 on 1 August 2026.
- “one ticket return flight for each season”.
3.
On 15 April 2023, an armed conflict broke out in Sudan, causing, inter alia, the suspension
of all sporting activities.
4.
It is undisputed that on 3 May 2023, the team of Al Hilal KH, including the player, flew to
Egypt “in order to avoid any issues concerning the political tension in Sudan”.
5.
On 5 June 2023, the player put the club in default and requested payment of USD 12,000
(salaries for March, April and May 2023) within 15 days. Moreover, the player’s legal
representative stated in his letter that “because of the geopolitical situation in Sudan, my client
had to flee the country urgently in March and was evacuated via Egypt, Turkey and Senegal to
his country of origin, Gambia” and that the club “is no longer able to provide him with work or
pay his wages”. In this letter, the player proposed to find a solution for an amicable
termination of the contract.
6.
On 19 June 2023, the club remitted the outstanding payment to the player.
7.
On 28 June 2023, the player arrived for the pre-season camp in Tunisia.
8.
On 29 June 2023, according to the club, the player “lied to get his passport” and subsequently
left the pre-season camp and the club.
pg. 3
REF. FPSD-10972
9.
On 29 June 2023, the player terminated the contract with the club for the following reasons:
“I am writing this letter to inform you of my wish to terminate my employment contract due to the civil war situation in Sudan
and the impossibility (moral and financial) of continuing my work as a professional footballer in these conditions.
As a reminder, I've signed an employment contract with your Club on 1 August 2022 for a period of 5 years in return for a
monthly salary of 4000 US Dollars (four thousand US dollars) plus various bonuses payable on signing and at the beginning
of each sporting season.
In April 2023, war broke out between the country's ruling army and paramilitary forces.
As soon as the conflict broke out, we were confined to the training centre in Omdurman with the whole team, and we quickly
experienced restrictions on water and food, as well as difficulties communicating with our families. We were left without any
news and training came to a halt straight away. During those first 10 days of 'civil war', the gunfire outside and the explosions
left a strong impression on me, and I still have nightmares about them today.
On 25 April, we were then evacuated in the back of pick-ups to another Sudanese town on the outskirts of Khartoum, but the
conditions didn't improve: there was still a lack of food on a daily basis and no training.
Then we set off on another bus journey to Egypt, and for several days we waited at the border with other refugees for a visa
to enter Egypt. I finally got a visa to enter Egypt on 3 May 2023. I spent the night of 3 to 4 May at the border between Egypt
and Sudan with hundreds of refugees. In the morning I entered Aswan (Egypt) and then started another long journey to Cairo.
You paid for me to fly back to Dakar via Istanbul with Turkish Airline. I managed to take off on 6 May 2023. I then paid my
own way to Gambia to join my mother and sisters. You stopped paying my wages from March 2023, which forced me to hire
a lawyer - again at my own expense - to put you on notice to pay three months' wages (March, April and May). Under threat,
you paid these three months' salary on 19 June.
You then summoned me to a training course in Egypt, which was due to start on 20 June. The course was cancelled. It was
relocated to Tunisia. Out of respect for your club, I went to Tunisia on 28 June 2023 to inform the management (and in
particular the coach) of my wish to terminate my contract.
Today, faced with the inextricable situation in Sudan and the impossibility for me to carry out my work under normal
conditions even though I'm only 20 years old, I'm obliged to terminate my employment contract early for just cause. I don't
want to go through the cacuhemar of last April again. I don't want to smell death or see it. I want to work in safety for myself
and for my loved ones.
The country is on fire and more than 2,000 people have already died. How can I imagine returning to the club and resuming
a normal life after that? I tried to find an amicable solution with you through my agent, but you refused a mutual agreement.
I therefore have no other option but to terminate my employment contract early for just cause, in application of the FIFA
Regulations on the Status and Transfer of Players (applicable according to the employment contract). In accordance with
article 14 of the FIFA Regulations on the Status and Transfer of Players, "A contract may be terminated by either party without
consequences of any kind (either payment of compensation or imposition of sporting sanctions) where there is just cause".
The war situation in Sudan, the trauma endured and the impossibility for me to exercise my profession under normal
conditions and the delay in the payment of my wages constitute valid reasons for me to terminate our contractual relationship.
This decision constitutes for me a last resort (ultima ratio).
Just cause to lawfully terminate an employment contract exists when the fundamental terms and conditions which formed
the basis of the contractual arrangement are no longer respected by one of the parties, which is the case here.
According to FIFA and CAS case law, the breach is considered sufficiently serious when there are objective circumstances that
would render it unreasonable to expect the employment relationship between the parties to continue. War is a case of force
majeure that makes it impossible to maintain our contractual relationship.
The occurrence of force majeure implies an objective, rather than a personal impediment, beyond the control of the obliged
party, that is unforeseeable, that cannot be resisted, and that renders the performance of the obligation impossible.
On the subject of war's context and the impossibility for a player to properly perform his contractual obligations, CAS ruled
that :
"the Egyptian civil war is an event of force majeure, which is beyond the Parties' control, which the Parties could not have
reasonably provided against before entering into the contract, which could not reasonably have been avoided or overcome,
and which is not attributable to any of the Parties. Under these circumstances, the Sole Arbitrator finds that the events which
put an end to the 2012/2013 season and which admittedly occurred on 1 April 2013, prevented the Appellant from per/orming
all or part of its contractual obligations. As a result and as of 1 April 2013, the Appellant must be released from further
performance of the obligations concerned."
pg. 4
REF. FPSD-10972
I find myself in this forced situation, which fully justifies the early termination of my employment contract for just cause.
This early termination of my employment contract will take effect immediately after this e-mail has been sent.
Having said that, I would like to thank you sincerely and warmly for the trust you have placed in me by signing me with your
club in August 2022. I wish you all the best for the future and sincerely hope that Sudan will soon return to being the sublime
country I was lucky enough to discover for 8 months.”
10. On 22 September 2023, the player signed an employment contract with the French club,
Grenoble Foot 38, valid as from 22 September 2023 until 31 May 2026, including a monthly
salary of EUR 7,000.
II. Proceedings before FIFA
11. On 19 July 2023, Al Hilal KH filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
a. Position of Al Hilal KH
12. In its claim, Al Hilal KH requested payment of USD 608,642.92 as compensation for breach
of contract, plus 5% interest p.a. as of 29 June 2023.
13. In its claim, the club argued that the player had no just cause to terminate the contract on
29 June 2023.
14. According to the club the situation in Sudan does not constitute a force majeure situation
as alleged by the player.
15. In this framework, the club maintained that political instability in Sudan was already
present when the contract was signed in 2022 and “was not painted overnight”.
16. Moreover, the club held that it protected the team and reacted by flying the team out of
the country in May 2023.
17. In addition, the club put forward that the training camp where the player terminated the
contract was held in Tunisia, outside of Sudan, without any danger.
18. The club alleged that the player used the civil war situation in Sudan as an excuse to
terminate the contract since the financial debt was remitted and no longer an outstanding
issue.
19. Further, the club pointed out that the player terminated the contract without a further
warning.
pg. 5
REF. FPSD-10972
20. On account of the above, the club requested compensation for breach of contract in the
amount of USD 608,642.92, composed as follows:
- USD 379,733.33 as residual value of the contract;
- USD 228,909.59 as non-amortized transfer fee (81.75% of USD 280,000 which
includes commission fee).
b. Position of the player / counterclaim
21. In his reply, the player rejected the club’s claim and lodged a counterclaim requesting
payment of the following monies:
- USD 3,866 as outstanding salary for June 2023;
- USD 340 as reimbursement for the flight ticket from Dakar to Gambia (flight ticket
dated 7 May 2023 is on file);
- USD 5,000 as bonus for the victory of the King Salman Cup;
- USD 20,000 as compensation since he was not selected for the national team after
the difficult period.
The player requested payment of 5% interest p.a. as of the respective due dates.
22. The player stated that he had just cause to terminate the contract in the context of the civil
war in Sudan, as this constitutes a force majeure situation.
23. In this regard, the player argued that "force majeure arises in the presence of extraordinary
and unforeseeable events that occur outside the player's sphere of responsibility”.
24. Regarding the definition of force majeure, the player refers to the CAS 2014/A/3463 & 3464
and CAS 2013/A/3471, at para. 49; see also CAS 2015/A/3909, at para. 72.
25. The player argued that an armed conflict broke out on 15 April 2023, which is undisputed
and the following criteria are fulfilled:
-“ it was beyond the debtor's control
- it could not reasonably have been foreseen at the time the contract was entered into
(i.e. unforeseeable),
- its effects could not be avoided by appropriate measures (i.e. irresistible).”
26. He further explained that he initially did not want to lodge a counterclaim against the club
due to the extraordinary circumstances, but that the actions of the club changed his mind.
27. The player emphasized that at the time of conclusion of the contract, there was no armed
conflict in Sudan and the situation was stable.
28. Unfortunately, such situation changed on 15 April 2023 when an armed conflict broke out
and he subsequently had to flee.
pg. 6
REF. FPSD-10972
29. The player held that he went through “hell” during 22 days when he was in the middle of
the conflict in Sudan, heard constant gunfire and explosions and was unable to see his
family for days.
30. Since he had to wait for a visa to leave the country in direction of Egypt, he spent a night
with “hundreds of refugees”.
31. In this regard, the player denied that the club quickly took safety measures since during
the period of 15 April 2023 until 6 May 2023, he was exposed to the conflict constantly.
32. The player argued to have psychological problems caused by the period before he was able
to leave the Sudan.
33. On top of the difficult situation, the club was not able to pay the salaries as of March 2023,
which made it more difficult for the player.
34. In this framework, the player stated: “In the grip of serious psychological problems (linked to
what he had been through) and in a country more than ever at war, with the Head of the UN
announcing on 19 June 2023 that "Sudan was sinking into death and destruction at lightning
speed", Mr JARJOU announced to those around him that he no longer wished to relive the hell
he had been through”.
35. In order to communicate such decision, he decided to travel to Tunisia to the training camp
on 28 June 2023.
36. According to the player, the coach understood his decision.
37. The player held that he “struggled to recover his passport” which was “illegally withheld” by
the club.
38. According to the player, a club official “harassed” him and his family with numerous phone
calls in order to change the player’s mind and even offered USD 15,000.
39. Additionally, the player stated that the football season in Sudan stopped with the war and
is unlikely to restart anytime soon.
40. Therefore, the player argued that “the club is unable to provide him with the work for which
he was hired”, which is professional football.
41. The player insisted that he sent a default notice before terminating the contract.
42. What is more, the player held that he was open to find an amicable solution to terminate
the contract, which did not materialize due to the fact that the club did not follow up on
such proposal.
pg. 7
REF. FPSD-10972
43. The player further stated that although the club is not responsible for the outbreak of war
in April 2023, the fact remains that he cannot risk his life to play football.
44. Moreover, the player held that the compensation claimed by the club is excessive as it is
almost double the amount of the residual value of the contract.
c. Replica of the club
45. In its reply to the counterclaim, the club rejected the player’s counterclaim and reiterated
its position.
46. According to the club, the player got an offer from a French club and simply wanted to
leave the Sudanese club, which is why he terminated the contract without just cause.
47. Therefore, the club claimed that the player’s new club shall be held jointly and severally
liable for the payment of the compensation.
d. Duplica of the player
48. The player reiterated his position.
49. He denied the club’s allegation that he had an offer from his new club when terminating
the contract.
50. According to the player, there was no offer at this moment. He pointed out that the new
contract was signed at a later stage and that the reason to terminate the contract was the
civil war in Sudan.
e. Position of the new club
51. The player’s new club rejected the claim of the club and endorsed the player’s position.
52. Grenoble Foot 38 pointed out that it was not in contact with the player when he terminated
the contract in June 2023 and only signed a contract on 22 September 2023.
53. The player was “offered to almost 90 clubs” and therefore Grenoble Foot 38 had nothing to
do with the termination of his contract with Al Hilal.
54. Nevertheless, the player’s new club held that the player had just cause to terminate the
contract.
pg. 8
REF. FPSD-10972
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
55. 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. In this respect, it
took note that the present matter was presented to FIFA on 19 July 2023 and submitted for
decision on 7 March 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.
56. Subsequently, 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 lit. b) of the Regulations
on the Status and Transfer of Players (February 2024 edition), the Dispute Resolution
Chamber is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between a Gambian player and a
Sudanese club.
57. 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 (February 2024 edition), and
considering that the present claim was lodged on 19 July 2023, the May 2023 edition of said
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
58. 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 Transfer Matching System (TMS).
c. Merits of the dispute
59. Its competence and the applicable regulations having been established, 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 the assessment of the matter at hand.
pg. 9
REF. FPSD-10972
i. Main legal discussion and considerations
60. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that the matter at hand concerns a claim of a club against
a player for breach of contract, including a counterclaim of the player.
61. In this context, the Chamber acknowledged that its task was to decide if the employment
contract had been terminated with or without just cause by the player and to decide on
the consequences thereof.
62. The DRC duly noted that according to the club, the player terminated the contract without
just cause since all outstanding amounts were remitted and the armed conflict that
erupted in Sudan on 15 April 2023 does not constitute a force majeure.
63. The members of the Chamber acknowledged that the player on the other hand held that
he went through a difficult time while waiting to get out of the country during the armed
conflict, that he suffered from a psychological trauma based on that event and that he
decided that he would not risk his life again to play football for the club. In support of his
position, the player argued that the armed conflict was a force majeure situation, that the
club was not able to offer work as agreed in the contract since the football season was
suspended and that it delayed payments. Further the DRC noted that the player
maintained that it was an ultima ratio decision since he already pointed out the
circumstances in his default notice dated 5 June 2023 and that he offered to find an
amicable solution for the termination of the contract.
64. Analysing the circumstances of the matter at hand, the Chamber acknowledged that the
civil war broke out in Sudan on 15 April 2023 and that also the club decided to leave the
country with the players for safety reasons. The Chamber has no doubts in accepting that
the situation in Sudan by April 2023 was truly precarious, and even dangerous, and that it
was understandable that i) the club moved its players outside of Sudan and ii) that (foreign)
players did not want to stay in Sudan. As such, the Chamber deemed that the club acted
diligently in a very difficult situation, which evidently fell outside the scope of influence of
the club and for which it was not to blame.
65. At the same time, the Chamber recognises that because of the armed conflict and the
ensuing departure from Sudan as well as the suspension of the competition in Sudan, the
circumstances under which the contract was signed on 1 August 2022 had significantly
changed to the point that in casu the player could no longer be reasonably expected to
honour the contract. Indeed, not only was there no domestic competition for the player to
participate in anymore, but also the player all of a sudden had to live and work in a different
country (Tunisia), circumstances which he could not have reasonably foreseen when
signing the contract and which entailed a material change of the initially agreed conditions
of the employment contract.
pg. 10
REF. FPSD-10972
66. The Chamber rejects the club’s line of argumentation that the player misused the armed
conflict as an excuse to sign with his new club, as this not being based on any evidence and
in fact highly unlikely given that 3 months elapsed between the termination of the contract
with the club and the conclusion of the new contract in France. The Chamber further rejects
the club’s argument that the situation in Sudan had not changed much since 2022, which
is also an assertion that cannot be sustained on the basis of the documentation on file.
Indeed, it is undisputed that the armed conflict erupted on 15 April 2023, i.e. after the
contract had been concluded. Thus, the club cannot pretend that the situation in Sudan
did not substantially change in the periods before and after that date.
67. On account of the above, due to the very specific circumstances of the matter at hand,
taking into account that the sporting season was suspended and since the conditions of
the contract changed significantly when the club decided to travel to a different country for
safety reasons, the DRC – without holding any of the parties liable for such - concluded that
the parties could no longer perform the contract as initially agreed.
68. Consequently, the Chamber decided that no compensation shall be paid to either party.
69. Based on the above conclusion, the DRC decided to only grant the player his partial salary
for June 2023 as well as the reimbursement of his flight costs to Gambia, as established in
the contract.
70. In addition, taking into consideration the player’s request as well as the constant practice
of the Chamber in this regard, the latter decided to award the player interest at the rate of
5% p.a. on the outstanding amounts as from 30 June 2023 until the date of effective
payment.
71. On account of the above, the members of the Chamber concluded by rejecting the claim
of the club and partially accepting the counterclaim of the player.
ii. Compliance with monetary decisions
72. Finally, taking into account the applicable Regulations, the Chamber 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.
73. In this regard, the DRC 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
pg. 11
REF. FPSD-10972
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
74. Therefore, bearing in mind the above, the DRC decided that the club must pay the full
amount due (including all applicable interest) to the player within 45 days of notification of
the decision, failing which, at the request of the player, 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.
75. The club shall make full payment (including all applicable interest) to the bank account
provided by the player in the Bank Account Registration Form, which is attached to the
present decision.
76. The DRC 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
77. 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.
78. 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.
79. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 12
REF. FPSD-10972
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant / Counter-Respondent, Al Hilal KH, is rejected.
2.
The counterclaim of the Respondent / Counter-Claimant, Lamin Jarjou, is partially accepted.
3.
The Claimant / Counter-Respondent must pay to the Respondent / Counter-Claimant the
following amount(s):
- USD 4,206 as outstanding remuneration plus 5% interest p.a. as from 30 June 2023 until
the date of effective payment.
4.
Any further claims of the parties 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, 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 Claimant/Counter-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 Respondent / CounterClaimant 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. 13
REF. FPSD-10972
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. 14