Labour Disputes
Texto da decisão
Decis ion of the
Dis pute Res olution Cham ber (DRC) judge
passed in Zurich, Switzerland, on 21 January 2020,
by Omar Ongaro (Italy), DRC judge
on the claim presented by the player,
Mr Matúš Lacko, Slovakia,
represented by Mrs Markéta Vochoska Haindlová
as Claimant
against the club,
S C Znojm o fotbalov ý klub a.s , Czech Republic
as Respondent
regarding an employment-related dispute between the parties
I.
Facts of the cas e
1.
On 1 July 2017, the Slovak player, Matúš Lacko, (hereinafter: the Claimant), and
the Czech club, SC Znojmo fotbalový klub a.s, (hereinafter: the Respondent)
concluded an employment contract valid as from the date of signature until 30
June 2019 (hereinafter: the contract).
2.
According to article VI, paragraph 1 of the contract “The contracting parties
declare that the Player’s remuneration and its individual components and
payments term are attached as Appendix No. 1 of this Contract.”
3.
Pursuant to Appendix No. 1 of the contract, “the club is obliged to pay to the
player a monthly remuneration amounting to CZK 28,000”.
4.
On 1 January 2018, the parties amended the contract, according to which the
player was entitled to a monthly remuneration amounting to Czech crowns
(hereinafter: CZK) 30,000 plus housing allowance equal to CZK 3,000, amounts
payable on the last day of following month.
5.
On 17 June 2019, “having the club not fulfilled its obligation to provide the player
with his monthly remuneration”, the Claimant sent the first reminder to the
Respondent asking the payment of the basic monthly remuneration of CZK 30,000
and the housing allowance of CZK 3,000 related to the months of March and April
2019.
6.
On 8 July 2019, the Claimant sent the second reminder to the Respondent,
claiming “the monthly remuneration amounting to CZK 30,000 for March 2019,
April 2019 and May 2019 as well as the housing allowance of CZK 3,000 per month
for all three above-mentioned months. The total owed amount is then CZK
99,000.”
7.
On 17 July 2019, the Respondent entered into an agreement with FC Vysocina
Jihlava, club affiliated to the Fotbalové asociace České republiky, for the transfer
of the Claimant. “said transfer would take place from 1 July 2019. (…) FC Vysocina
Jihlava, decided to pay to the player the monthly remuneration and the housing
for the month of June 2019 which the Club had to pay originally.”
Player Matúš Lacko, Slovakia / SC Znojmo fotbalový klub a.s, Czech Republic
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8.
On 21 August 2019, the Claimant lodged a claim against the Respondent in front
of FIFA, claiming the total amount of CZK 198,000, broken down as follows: a.
basic monthly remuneration for March, April and May 2019 equal to a total
amount of CZK 90,000 “plus interest at 5% p.a. as of the date of effective payment
as overdue payables.”; b. housing Allowance for March, April and May 2019 equal
to a total amount of CZK 9,000 “plus interest at 5% p.a. as of the date of effective
payment as overdue payables.”; c. “Additional compensation in the sense of art.
17, par. 1., point II. Of FIFA RSTP amounting at least three monthly salaries and
three months of housing allowance, i.e. the minimal amount of CZK 99,000.”
9.
Despite having been invited to do so, the Respondent did not submit an answer
to the claim.
II.
Cons iderations of the DRC judge
1.
First of all, the DRC judge analysed whether he was competent to deal with the
matter at stake. In this respect, the DRC judge took note that the present matter
was submitted to FIFA on 21 August 2019 and decided on 21 January 2020. Taking
into account the wording of art. 21 of the 2019 edition of the Rules Governing
the Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (hereinafter: the Procedural Rules), the aforementioned edition of the
Procedural Rules is applicable to the matter at hand.
2.
Subsequently, the DRC judge referred to art. 3 par. 1 of the Procedural Rules and
confirmed that, in accordance with art. 24 par. 1 and 2 in combination with art.
22 lit. b) of the Regulations on the Status and Transfer of Players, the DRC judge
is competent to deal with the matter at stake, which concerns an employment–
related dispute with an international dimension between a Slovakian player and
a Czech club.
3.
Furthermore, the DRC judge analysed which edition of the Regulations on the
Status and Transfer of Players should be applicable as to the substance of the
matter. In this respect, the DRC judge confirmed that, in accordance with art. 26
par. 1 and par. 2 of the said Regulations and considering that the present claim
was lodged in front of FIFA on 21 August 2019, the June 2019 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.
Player Matúš Lacko, Slovakia / SC Znojmo fotbalový klub a.s, Czech Republic
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4.
The competence of the DRC judge and the applicable regulations having been
established, the DRC judge entered into the substance of the matter. In this
respect, the DRC judge started by acknowledging all the above-mentioned facts
as well as the arguments and the documentation submitted by the parties.
However, the DRC judge 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.
5.
In this respect, the DRC judge acknowledged that, on 1 July 2017, the Claimant
and the Respondent concluded an employment contract valid as from the date of
signature until 30 June 2019, pursuant to which the Respondent undertook to pay
to the Claimant a monthly salary of CZK 28,000.
6.
Moreover, the DRC judge acknowledged that, on 1 January 2018, the Claimant
and the Respondent amended the contract, according to which the player was
entitled to a monthly remuneration amounting to CZK 30,000 plus housing
allowance equal to CZK 3,000, amounts payable on the last day of following
month.
7.
Furthermore, the DRC judge took note that, on 17 June 2019, “having the club
not fulfilled its obligation to provide the player with his monthly remuneration”,
the Claimant sent the first reminder to the Respondent asking the payment of the
basic monthly remuneration of CZK 30,000 and the housing allowance of CZK
3,000 related to the months of March and April 2019.
8.
In addition, the DRC judge took note that, on 8 July 2019, the Claimant sent the
second reminder to the Respondent, claiming “the monthly remuneration
amounting to CZK 30,000 for March 2019, April 2019 and May 2019 as well as the
housing allowance of CZK 3,000 per month for all three above-mentioned
months. The total owed amount is then CZK 99,000.”
10.
The DRC judge further noted that on 17 July 2019, the Respondent entered into
an agreement with FC Vysocina Jihlava, club affiliated to the Fotbalové asociace
České republiky, for the transfer of the Claimant. “said transfer would take place
from 1 July 2019. (…) FC Vysocina Jihlava, decided to pay to the player the
monthly remuneration and the housing for the month of June 2019 which the
Club had to pay originally.”
9.
Having recalled the above, the DRC judge observed that, the Claimant, in his claim
lodged on 21 August 2019, claimed the total amount of CZK 198,000, broken
down as follows: a. basic monthly remuneration for March, April and May 2019
Player Matúš Lacko, Slovakia / SC Znojmo fotbalový klub a.s, Czech Republic
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equal to a total amount of CZK 90,000 “plus interest at 5% p.a. as of the date of
effective payment as overdue payables.”; b. housing Allowance for March, April
and May 2019 equal to a total amount of CZK 9,000 “plus interest at 5% p.a. as
of the date of effective payment as overdue payables.”; c. “Additional
compensation in the sense of art. 17, par. 1., point II. Of FIFA RSTP amounting at
least three monthly salaries and three months of housing allowance, i.e. the
minimal amount of CZK 99,000.”
10.
In continuation, the DRC judge took note that the Respondent, for its part, failed
to present its response to the claim of the Claimant, despite having been invited
to do so. In this way, so the DRC judge deemed, the Respondent renounced its
right to defence and, thus, accepted the allegations of the Claimant.
11.
In light of the above, the DRC judge highlighted that the Respondent must fulfill
its obligations as per employment contract in accordance with the general legal
principle of “pacta sunt servanda”. Consequently, the DRC judge decided that the
Respondent is liable to pay to the player the remuneration that was outstanding
at the time of the claim was lodged, i.e. the amount of CZK 99,000, corresponding
to his basic monthly remuneration and accommodation fees for March, April and
May 2019.
12.
In addition, taking into consideration the claim lodged by the Claimant, as well
as the constant practice of the DRC, the DRC judge decided to award the latter
5% interest p.a. on the above mentioned amount calculated as follows:
a. 5% p.a. on the amount of CZK 33,000 as of 1 April 2019 until the date of
effective payment;
b. 5% p.a. on the amount of CZK 33,000 as of 1 May 2019 until the date of
effective payment;
c. 5% p.a. on the amount of CZK 33,000 as of 1 June 2019 until the date of
effective payment.
13.
As to the Claimant’s request for additional compensation, the DRC judge noted
that the contract expired naturally and was not early terminated by any of the
parties. Thus, no compensation whatsoever was due to the Claimant and
consequently this part of his claim must be rejected.
14.
Furthermore, taking into account the consideration under number II./3. above,
the DRC judge referred to par. 1 and 2 of art. 24bis 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.
Player Matúš Lacko, Slovakia / SC Znojmo fotbalový klub a.s, Czech Republic
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15.
In this regard, the DRC judge pointed out 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 and for the maximum duration of three entire and consecutive
registration periods.
16.
Therefore, bearing in mind the above, the DRC judge decided that, in the event
that the Respondent does not pay the amounts due to the Claimant within 45
days as from the moment in which the Claimant, following the notification of the
present decision, communicates the relevant bank details to the Respondent, a
ban from registering any new players, either nationally or internationally, for the
maximum duration of three entire and consecutive registration periods shall
become effective on the Respondent in accordance with art. 24bis par. 2 and 4 of
the Regulations.
17.
Finally, the DRC 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. 24bis par. 3 of the Regulations.
III.
Decis ion of the DRC judge
1.
The claim of the Claimant, Mr Matúš Lacko, is partially accepted.
2.
The Respondent, SC Znojmo fotbalový klub a.s, has to pay to the Claimant the
amount of CZK 99,000 plus 5% interest p.a. as follows:
d. 5% p.a. on the amount of CZK 33,000 as of 1 April 2019 until the date of
effective payment;
e. 5% p.a. on the amount of CZK 33,000 as of 1 May 2019 until the date of
effective payment;
f. 5% p.a. on the amount of CZK 33,000 as of 1 June 2019 until the date of
effective payment.
3.
Any further claim lodged by the Claimant is rejected.
4.
The Claimant is directed to inform the Respondent, immediately and directly,
preferably to the e-mail address as indicated on the cover letter of the present
decision, of the relevant bank account to which the Respondent must pay the
amounts mentioned under point 2 above.
Player Matúš Lacko, Slovakia / SC Znojmo fotbalový klub a.s, Czech Republic
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5.
The Respondent shall provide evidence of payment of the due amounts in
accordance with point 2 above to FIFA to the e-mail address [email protected], duly
translated, if need be, into one of the official FIFA languages (English, French,
German, Spanish).
6.
In the event that the amount due plus interest in accordance with point 2 above
is not paid by the Respondent w ithin 45 day s as from the notification by the
Claimant of the relevant bank details to the Respondent, the Respondent shall be
banned from registering any new players, either nationally or internationally, up
until the due amounts are paid and for the maximum duration of three entire
and consecutive registration periods (cf. art. 24bis of the Regulations on the Status
and Transfer of Players).
7.
The ban mentioned in point 6 above will be lifted immediately and prior to its
complete serving, once the due amount is paid.
8.
In the event that the aforementioned sum plus interest is still not paid by the end
of the ban of three entire and consecutive registration periods, the present matter
shall be submitted, upon request, to FIFA’s Disciplinary Committee for
consideration and a formal decision.
*****
Note related to the publication:
The FIFA administration may publish decisions issued by the Players’ Status Committee
or the DRC. Where such decisions contain confidential information, 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 20 of the Rules Governing
the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber).
Note related to the appeal procedure:
According to article 58 par. 1 of the FIFA Statutes, this decision may be appealed against
before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent
to the CAS directly within 21 days of receipt of notification of this decision and shall
contain all the elements in accordance with point 2 of the directives issued by the CAS.
Within another 10 days following the expiry of the time limit for filing the statement
Player Matúš Lacko, Slovakia / SC Znojmo fotbalový klub a.s, Czech Republic
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of appeal, the appellant shall file a brief stating the facts and legal arguments giving
rise to the appeal with the CAS (cf. point 4 of the directives).
The full address and contact numbers of the CAS are the following:
Court of Arbitration for Sport
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the DRC judge:
Emilio García Silvero
Chief Legal & Compliance Officer
Player Matúš Lacko, Slovakia / SC Znojmo fotbalový klub a.s, Czech Republic
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