Labour Disputes
Texto da decisão
REF. FPSD-9743
Decision of the
Dispute Resolution Chamber
passed on 7 June 2023
regarding an employment-related dispute concerning the player Arens Mateli
BY:
Jorge Gutiérrez, Costa Rica
CLAIMANT:
Arens Mateli, Albania
RESPONDENT:
FK Prishtina, Kosovo
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REF. FPSD-9743
I. Facts of the case
1.
On 9 August 2022, the Albanian player, Arens Mateli (hereinafter: the player or the Claimant)
and the Kosovar club, FK Prishtina (hereinafter: the club or the Respondent) concluded an
employment contract valid as from 10 August 2022 until 31 May 2023 (hereinafter: the
Employment Contract).
2.
Articles 7, 8 and 9 of the Employment Contract read as follows:
“Article 7
The salary of [the player] starting from 10/08/2022 until 31/05/2024 amounts to EUR
1,000 gross salary per month.
The player is eligible to the addition amounting to EUR 150 per month assigned for
expenses and accommodation.
The article’s benefits could either increase or decrease depending on the Club’s results
and in compliance with the Club’s regulation.
Article 8
All the payments (beneficiaries) are specified and defined in accordance to the Club’s
regulation and expressed in gross payments.
Article 9
Upon payment of beneficiaries, the Club’s financial services is obliged to offer to the
player the written profit calculation The player wage is not public”.
3.
On 13 January 2023, the player signed a declaration stating as follows:
“SUBJECT: Request for termination of contract Arens Mateli.
I AM A PLAYER WITH A VALID CONTRACT WITH PROT. NO. 69/22 DATED 10.08.2022 WITH
FC Prishtina L.L.C. in Prishtina.
Starting today, I voluntarily request the termination of my contract because I am
intending to move to another club where the competition is lower, so that I can play in
the first team.
I wish further success to the club in future competitions”.
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REF. FPSD-9743
4.
On or around 13 January 2023, the player and the club entered into the Agreement on early
termination of contract (hereinafter: the Termination Agreement) stating inter alia as follows:
“1. [The player] does not have any obligation versus the club as per the signed contract
starting from the date 13/01/2022.
2. [The club] is obliged to pay the full monthly salary of December 2022 to [the player]
and 50 percent of payment for the period January 2023 to 31 May 2023”.
5.
On 23 February 2023, the player put the club in default of payment of EUR 2,510 as the
outstanding salaries per the Termination Agreement within the following 10 days.
6.
On 24 February 2023, the club replied to the player and stated as follows (quoted verbatim):
“After collecting the information from the finance department. Following payments as
per evidence attached are executed to Mr. Mateli;
Advance payments for accommodation 1,150 euro;
Payments according to termination agreement 2,500 euro.
Salary of Mr. Mateli is 922 euro neto.
He has been paid salaries from August 2022 to November 2022 in full.
He has received 1,150 euro advance payment for accommodation. According to contract
allowance for accommodation is 150 euro per month. Mr. Mateli stayed in the apartment
for 6 months which is 900 euro. 150 are remaining deposit. Remaining amount of 100
euro will be deducted from final payment.
Final payment to be executed is 727 euro. from this amount a deduction of 100 euro
applies as remaining amount from advance payment. Therefore, due payment for Mr.
Mateli is 627 euro not 1008 as i initially mentioned.
This amount will be paid to Mr. Mateli by the end of February 2023 although there are
ne dates set in the agreement.”
II. Proceedings before FIFA
7.
On 25 March 2023, the player filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
a. Claim of the player
8.
According to the player, he only received EUR 4,989.94 out of the EUR 7,500 due for the
duration of the Employment Contract, hence that he should be entitled to the outstanding
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REF. FPSD-9743
balance. In particular, he requested to be awarded EUR 2,510, plus interest as from the
respective due dates.
b. Reply of the club
9.
On 5 May 2023, the club filed its answer to the player’s claim.
10. Initially, the club highlighted that in line with the Employment Contract, the salaries due to
the player were calculated gross, entailing that it should withhold the corresponding taxes
in line with Kosovar law. Consequently, it pointed out that the player’s salary amounted to
EUR 922 net.
11. Given the above, the club explained that the total amount that should have been paid to
the club for the duration of the Employment Contract was EUR 7,666.60 broken down as
follows:
•
•
•
EUR 4,611 as salaries between August and December 2022;
EUR 750 as accommodation allowance between August and December 2022; and
EUR 2,305.50 as 50% of the salaries between January and May 2023.
12. Furthermore, the club claimed that it has no financial debt towards the player as the total
amount of EUR 7,689.14 was delivered to the player. In support of this position, the club
filed several proofs of payments made to the player.
13. In conclusion, the club argued that the claim of the player should be entirely rejected.
c. Additional comments of the player
14. On 11 May 2023, the player filed additional comments regarding the proof of payment filed
by the club together with its reply.
15. Accordingly, he acknowledged receipt of a payment of EUR 627 following the beginning of
the proceedings before FIFA.
16. No further comments were made in connection to the other proof of payment filed by the
club.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
17. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter also referred
to as Single Judge) analysed whether he was competent to deal with the case at hand. In
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REF. FPSD-9743
this respect, he took note that the present matter was presented to FIFA on 25 March 2023
and submitted for decision on 7 June 2023. 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.
18. Subsequently, 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 (March 2022 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 an Albanian player
and a Kosovar club.
19. 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 (March 2023 edition), and
considering that the present claim was lodged on 25 March 2023, the October 2022 edition
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
b. Burden of proof
20. 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
21. The competence and the applicable regulations having been established, 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 Chamber emphasised that in the following
considerations he will refer only to the facts, arguments, and documentary evidence, which
he considered pertinent for the assessment of the matter at hand.
i. Main legal discussion and considerations
22. The foregoing having been established, the Single Judge moved to the substance of the
matter and took note of the fact that it pertains to a claim for outstanding remuneration
only, comprising both salaries and accommodation allowance.
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REF. FPSD-9743
23. According to the player, he would be entitled to a total remuneration of EUR 7,500 per the
Employment Contract and the Termination Agreement, out of which he received only EUR
4,989.94, therefore arriving at a balance of EUR 2,510. The club, on the other hand, argued
that the difference claimed by the player resides in conversion of the amounts from gross
to net, as well as filed proof of payments allegedly corroborating that no residual debt
exists.
24. In this context, the Single Judge turned his attention to the documentation on file and, in
particular, to the wording of the Employment Contract. In doing so, he acknowledged that
such document is clear and unequivocal to determine that the player’s salary for the
duration of their employment relationship amounted to EUR 1,000 gross. Furthermore, the
club – as the player’s employee – would be liable to withhold the corresponding income tax
and pay it directly to the competent authorities.
25. Having established the above, the Single Judge was also observant that the club provided
convincing documentation demonstrating that, upon conversion and application of the
national tax rates, such salary of EUR 1,000 gross would entitle the player to a salary of EUR
922.20 net. The Single Judge felt furthermore comforted with this conclusion while
considering that this calculation was not specifically disputed by the player neither during
the employment relationship nor in these proceedings, despite having the opportunity to
do so.
26. In light of the above, the Single Judge concurred with the club’s position on the topic and
deemed that the player should have received the following amounts for the duration of
their contractual relationship:
•
•
•
EUR 4,611 net between August and December 2022;
EUR 2,305.50 net between January and May 2023 (50%);
TOTAL for salaries: EUR 6,916.50 net
•
In addition: EUR 750 as accommodation allowance from August until December
2022 (i.e., EUR 150 per month).
27. In parallel, the Single Judge carefully analysed the proofs of payment filed by the club in
combination with the allegations of the parties. As such, he observed that the following
amounts were paid:
Date
17 August 2022
16 September 2022
26 September 2022
28 October 2022
8 November 2022
Amount
EUR 400 (in cash)
EUR 645.54
EUR 300
EUR 150
EUR 922.20
Reference
August 2022 (advance payment)
August 2022
Rent (advance payment)
Rent
September 2022
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REF. FPSD-9743
14 December 2022
14 December 2022
22 December 2022
30 December 2022
10 January 2023
13 January 2023
1 February 2023
7 April 2023
TOTAL (salaries)
TOTAL (rent)
EUR 50
EUR 100 (in cash)
EUR 922.20
EUR 922.20
EUR 150
EUR 1,500
EUR 1,000
EUR 627
Rent
Rent
October 2022
November 2022
Rent
Termination Agreement
Termination Agreement
Termination Agreement
EUR 6,939.14
EUR 750
28. While analysing the claim, the Single Judge noted that not all the abovementioned amounts
were taken into consideration into the player’s calculation, especially the ones made in
cash. Nevertheless, he was of the opinion that all the transactions were sufficiently proved
by the documentation advanced by the club (cf. art. 11, par. 5 of the Procedural Rules).
29. In particular, the Single Judge found it decisive the club produced an official banking extract
supporting the wire transfers, as well as cash receipts signed by the player for the two
payments in cash. Furthermore, none of those documents was challenged specifically by
the player, who limited himself to reiterate his own calculation without providing any
explanation or counterevidence, hence without meeting his own burden of proof.
30. On this note and while comparing the amounts due to the player under the Employment
Contract and the Termination Agreement to the amounts effectively paid by the club, the
Single Judge decided that no remuneration is outstanding.
31. Consequently, the Single Judge concluded that the claim of the player shall be rejected.
32. For the sake of completeness and bearing in mind the club’s liability to withhold and pay
taxes, the Single Judge wished to outline that in case the player incurs in any additional
costs before tax authorities in connection with the amounts stipulated in the Employment
Contract and the Termination Agreement, he would be entitled to seek relief against the
club before the competent courts.
d. Costs
33. 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.
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REF. FPSD-9743
34. 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.
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REF. FPSD-9743
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Arens Mateli, is rejected.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-9743
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
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