DRC Overdue Payables
Texto da decisão
REF. FPSD-17407
Decision of the
Dispute Resolution Chamber
passed on 17 February 2025
regarding an employment-related dispute concerning the Player Mohamed
Kamal
BY:
Khadija TIMERA (Senegal)
CLAIMANT:
Mohamed Kamal, Morocco
Represented by Omar Fatemi
RESPONDENT:
Ohod, Saudi Arabia
pg. 2
REF. FPSD-17407
I. Facts of the case
1.
On 19 July 2023, the Moroccan player, Mohamed Kamal (hereinafter: the Player or the
Claimant) and the Saudi club, Ohod (hereinafter: the Club or the Respondent) entered into
an employment contract (hereinafter: the Contract) valid as from the date of signature until
18 June 2024.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant a
monthly salary (free of any taxes, bank fees or foreign exchange fees) of USD 13,636
payable at the end of each month.
3.
Moreover, in accordance with clause 5.3 of the Contract, the Player was entitled to the
following conditional bonuses:
-
“Promotion Bonus to the Premier League”: USD 10,000 in the event that the Club is
promoted to the Premier League.
-
“Team Top Scorer Bonus”: USD 10,000 if the Player is the team's top scorer for the season.
-
“Goal Assist bonus”: USD 10,000 if the Player assists 15 goals for the team.
4.
In accordance with clause 5.5. of the Contract, the Player was entitled to accommodation
and transportation.
5.
On 16 October 2024, the Claimant issued a notice of default to the Respondent, demanding
payment of USD 136,758. This amount includes: (i) USD 109,088 for salaries from
November 2023 to June 2024; (ii) SAR 55,000 (equivalent to USD 14,650) for match bonuses;
and (iii) SAR 48,900 (equivalent to USD 13,020) for four flight tickets. The notice stipulated
a payment deadline of 10 days.
II. Proceedings before FIFA
6.
On 9 December 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
7.
According to the Claimant, the Respondent failed to pay his outstanding remuneration and
requested the following relief (quoted verbatim):
“To declare that the present request is well-founded in law and complies with the
stipulations of the Contract and, consequently, order OHOD SAUDI FOOTBALL CLUB to
pay Mr. KAMAL the following sums under the latter’s Contract as at:
pg. 3
REF. FPSD-17407
A.
The salary for the months November 2023, December 2023, January 2024,
February 2024, March 2024, April 2024. May 2024, and June 2024 under his contract
for the 2023/2024 season dated on July 19, 2023. Each salary is 13,636.00 US Dollars
as indicated in the article 5 of the agreement.
As such the total amount of eight (8) unpaid salaries is 109,088.00 US Dollars.
B.
Mr. Mohamed Kamal has also not received five (5) match bonuses for an
amount of 55,000,00 Saoudi riyal for the following games: 1 ) Game against Al
Qadsiah 15,000,00 Saoudi riyal, 2) Game against Al Baten 10,000,00 Saoudi riyal, 3)
Game against A1 Qaisoma 10,000,00 Saoudi riyal, 4) Game against Assafa 10,000,00
Saoudi riyal,5) Game against Al Ain 10,000,00 Saoudi riyal.
As such the total amount of 14,650.00 US Dollars.
C.
Mr. Mohamed Kamal has also not received the amount of 48,900.00 Saoudi
riyal corresponding to the amount four tickets (4) round trip Jeddah / Casablanca for
him and his two parents.
As such the total of 13,020.00 US Dollars.
D.
To order OHOD SAUDI FOOTBALL CLUB to reimburse the costs of proceedings
and defense in the amount of 5,000.00 US Dollars0, together with past due payment
interest at the rate of 5% per annum from the date of formal notice, and that the
award be enforceable within 45 days.
E.
In any event, the Claimant requests the DRC to order OHOD SAUDI FOOTBALL
CLUB to bear all the costs of the present proceedings.”
b. Position of the Respondent
8.
The Respondent did not provide its position to the claim.
pg. 4
REF. FPSD-17407
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
9.
First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether she was competent to deal with the case at hand. In this respect, she
took note that the present matter was presented to FIFA on 9 December 2024 and
submitted for decision on 17 February 2025. Taking into account the wording of art. 31 of
the January 2025 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.
10. 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 (January 2025 edition), the Dispute
Resolution Chamber is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Moroccan player
and a Saudi club.
11. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, the Single Judge confirmed that, in accordance
with its art. 29, the January 2025 edition of the Regulations on the Status and Transfer of
Players (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
12. 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 she 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
13. 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 she will refer only to the facts, arguments and documentary evidence,
which she considered pertinent for assessing the matter at hand.
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REF. FPSD-17407
i. Main legal discussion and considerations
14. The Single Judge then moved to the substance of the matter, and took note that the player
lodged the claim at hand against the Club seeking payment of the balance of his
remuneration, the payment of bonuses and the reimbursement of flight tickets.
15. The Single Judge also observed that the Club, did not respond to the claim, entailing that
the Single Judge’s decision must be made on the basis of the documentation on file, that
is, the argumentation and evidence filed by the Claimant in line with art. 14 par. 1 and 21,
par. 1 of the Procedural Rules.
16. In this context, the Single Judge acknowledged that her task was to determine, based on
the evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
17. In this regard, the Single Judge first noted that in the case at hand the Respondent bore the
burden of proving that it indeed complied with the financial terms of the Contract
concluded between the parties.
18. In view of the foregoing, and in the absence of payments’ evidence as to the Player's
salaries from 1 November 2023 to 18 June 2024, the Single Judge decided, in accordance
with the general legal principle of pacta sunt servanda, that the Respondent is liable to pay
to the Claimant USD 103,633.60.
19. The Single Judge also observed that the Claimant did not request interest of 5% p.a. on that
specific amount, therefore, in accordance with the principle ne ultra petita, the Single Judge
decided not to award interests.
20. Notwithstanding the above, the Single Judge noted that the Claimant requested payment
of bonuses totalling USD 14,650. However, she observed that these were conditional
bonuses, and the Claimant failed to provide evidence of entitlement to such bonuses.
Consequently, the Single Judge decided to reject this request.
21. Finally, the Single Judge also noted that the Claimant requested the reimbursement of flight
tickets totalling USD 13,020. However, the Single Judge observed that the Contract did not
contain any provision entitling the Claimant to such payment, and there was no evidence
showing entitlement to these flight tickets. Consequently, the Single Judge decided to reject
this request.
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REF. FPSD-17407
ii. Art. 12bis of the Regulations
22. 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.
23. 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.
24. Accordingly, the Single Judge confirmed that the club had delayed a due payment without
a prima facia contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
25. The Single Judge further established that by virtue of art. 12bis par. 4 of the Regulations
she has competence to impose sanctions on the club. On account of the above and bearing
in mind that this is the first offense by the Club within the last two years, the Single Judge
decided to impose a warning on the club in accordance with art. 12bis par. 4 lit. a) of the
Regulations.
26. In this connection, 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
27. 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.
28. 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.
29. 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
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REF. FPSD-17407
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.
30. 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.
31. 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
32. 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.
33. 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.
34. Lastly, the Single Judge concluded her deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 8
REF. FPSD-17407
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Mohamed Kamal, is partially accepted.
2.
The Respondent, Ohod, must pay to the Claimant USD 103,633.60 as outstanding
remuneration.
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
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REF. FPSD-17407
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
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