Labour Disputes
Texto da decisão
REF. FPSD-15216
Decision of the
Dispute Resolution Chamber
passed on 13 September 2024
regarding an employment-related dispute concerning the player Allan Victor
Oliveira Mota
BY:
Iñigo RIESTRA (Mexico)
CLAIMANT:
Allan Victor Oliveira Mota, Brazil
Represented by Rodrigo Ventanilha Batista
RESPONDENT:
Politehnica Iasi, Romania
pg. 2
REF. FPSD-15216
I. Facts of the case
1.
On 10 January 2024, the Brazilian player, Allan Victor Oliveira Mota (hereinafter: the Player
or the Claimant) and the Romanian club, Politehnica Iasi (hereinafter: the Club or the
Respondent) concluded an employment contract valid as from the date of signature until
31 May 2024 (hereinafter: the contract).
2.
In accordance with the employment contract, the Respondent undertook to pay to the
Claimant inter alia (i) a monthly salary of RON 29,700 / EUR 6,000 net, payable at the latest
on 15th day of the following month; and (ii) two return tickets from Romania to Brazil.
3.
On 10 May 2024, the Club issued the following document “AWARD REGULATIONS
COMPETITIVE SEASON 2023 – 2024” (translation provided by the Claimant, quoted
verbatim) (hereinafter: the Letter):
“The Board of Directors of the Association "Municipal Sports Club Politehnica lasi" sets
the goal of the senior team of CSM Politehnica lasi to avoid relegation from League 1
at the end of the 2023-2024 season.
In order to create the motivation of each player for his preparation and participation
in the official games, premiums will be awarded, as follows:
1. At the last two official matches of the Play-Out of the National Football
Championship - League 1:
1.1 A premium in the amount of 2000 (two thousand) Euros net/title player is awarded
for the victory obtained in the 8th stage of the League 1 Play-Out between AFC
Hermannstadt and Politehnica lost to Sibiu on May 6, 2024 and ended with a score of
0 - 1.
1.2 For the Politehnica lasi - Petrolul Ploiesti match from stage 9 of the Ligi 1 Play- Out,
which will be played in lasi on 12.05.2024, a premium of:
• 3000 (three thousand) Euros net/starting player only if Polithnica wins the match
and ranks 6th or higher in the final ranking of the Play-Out phase of League 1 season
2023 – 2024
Or
• 2000 (two thousand) Euros net/starting player only if Polithnica wins the match and
will rank in one of the 7th or 8th places in the final ranking of the Play-Out phase of
League 1 season 2023 - 2024.
pg. 3
REF. FPSD-15216
1.3 The premiums will be awarded to the players registered in the arbitration report
as follows: 100% of the premium value will be collected by each starting player;
- 75% of the value of the premium collected by the starting players, for players who
enter the field during the match from the reserve position;
- 50% of the value of the premium collected by the starting players, for the players
who were on the reserve bench and were not introduced to the field;
100% of the value of the premium collected by the starting players for the player who
enters the field during the match from the reserve position and scores at least one
goal.
1.4 Premiums will be paid in lei at the BNR exchange rate on the day of payment, at
the latest on 15.06.2024
[next page: a list of players]
[name and signature of the Player]”
4.
On 3 July 2024, the Claimant put the Respondent in default of payment of EUR 10,304
corresponding to the May salary, bonuses and flight ticket; setting a deadline of 24 hours
in order to remedy the default.
II. Proceedings before FIFA
5.
On 12 July 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is detailed below.
6.
The Claimant requested payment of his outstanding remuneration amounting to EUR
10,304 net in accordance with the contract and the Letter. The Claimant requested the
following amounts:
7.
-
EUR 6,000 – as May 2024 salary.
-
EUR 1,500 – as bonus for the match against Hermannstadt.
-
EUR 1,500 – as bonus for the match against Petrulul.
-
EUR 1,304 – as reimbursement of the flight ticket (return ticket to Brazil)
The Claimant requested the following relief:
pg. 4
REF. FPSD-15216
“That after notifying the Respondent Club, it be ordered to pay the amount of EUR
10.304 net, as it is a matter of the Claimant's law, including procedural costs and
expenses, as well as attorney's fees.
If the Respondent Club does not make the payment within the period defined by this
Chamber, it must be prevented from making new hires until it fulfills its obligations.”
8.
The Respondent failed to provide its position to the claim within the deadline provided by
the FIFA general secretariat.
pg. 5
REF. FPSD-15216
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 also referred
to as 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 12 July 2024
and submitted for decision on 13 September 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.
10. 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 (June 2024 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 Brazilian player
and a Romanian club.
11. 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 12 July 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
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 he may
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the TMS.
c. Merits of the dispute
13. 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 Single Judge 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.
pg. 6
REF. FPSD-15216
i. Main legal discussion and considerations
14. The Single then moved to the substance of the matter, and took note of the fact that the
Claimant requested the payment EUR 10,304 corresponding to the balance of the
remuneration, reimbursement of flight ticket and bonuses in accordance with the contract
and the Letter.
15. In this context, the Single Judge acknowledged that his task was to determine, based on
the evidence presented by the parties, (i) whether the Claimant is entitled to the claimed
amounts and (ii) whether the mentioned 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.
16. In continuation, the Single Judge observed that the Respondent failed to present its 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.
17. In parallel, the Single Judge observed that (i) the Claimant bore the burden of proving that
he is entitled to May 2024 salary, the conditional bonuses and flight tickets and (ii) 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.
18. With the above in mind, the Single Judge concluded that the Claimant is entitled to May
salary as no evidence of payment was presented by the Respondent. Then, as to the
bonuses requested by the Claimant (i.e., EUR 3,000), the Single Judge observed that the
Claimant based his request on the letter of 10 May 2024. The letter contained the following
information:
“1.1 A premium in the amount of 2000 (two thousand) Euros net/title
player is awarded for the victory obtained in the 8th stage of the League
1 Play-Out between AFC Hermannstadt and Politehnica lost to Sibiu on May
6, 2024 and ended with a score of 0 - 1.
1.2 For the Politehnica lasi - Petrolul Ploiesti match from stage 9 of the Ligi
1 Play- Out, which will be played in lasi on 12.05.2024, a premium of:
• 3000 (three thousand) Euros net/starting player only if Polithnica
wins the match and ranks 6th or higher in the final ranking of the PlayOut phase of League 1 season 2023 – 2024.
OR
pg. 7
REF. FPSD-15216
2000 (two thousand) Euros net/starting player only if Polithnica wins the
match and will rank in one of the 7th or 8th places in the final ranking of
the Play-Out phase of League 1 season 2023 - 2024.
[…]
1.3 The premiums will be awarded to the players registered in the
arbitration report as follows: 100% of the premium value will be
collected by each starting player;
- 75% of the value of the premium collected by the starting players, for
players who enter the field during the match from the reserve position;
- 50% of the value of the premium collected by the starting players,
for the players who were on the reserve bench and were not
introduced to the field;
100% of the value of the premium collected by the starting players for the
player who enters the field” (emphasis added).
19. In light of the foregoing, the Single Judge stated that for the match against Club
Hermannstadt, which took place two days prior to the issuance of the letter, the maximum
amount to which the Player would be entitled would be EUR 2,000 and, in any event, the
minimum amount to which the Player would be entitled would be EUR 1,000. However, the
Single Judge found that the Player did not provide any evidence as to whether he was in
the starting line-up or on the bench or whether he came on during the match. In the
absence of such evidence, the Single Judge concluded that the Player was entitled to EUR
1,000.
20. Then, as to the match against Petrolul which was to be played 2 days after the issuance of
the Letter, the Single Judge observed that the Player would receive a bonus amount of up
to EUR 3,000, depending on the Club’s final ranking. However, the Single Judge found that
no evidence was provided to this effect, and therefore, the Single Judge decided to reject
the Player’s bonus request.
21. In continuation, the Single Judge observed that the Claimant requested the reimbursement
of the flight tickets in the amount of EUR 1,304. In this context, the Single Judge found that,
according to the contract and the evidence submitted, the Player was entitled to BRL
7,823.90.
22. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Respondent is liable to pay to the Claimant EUR 7,000 net
and BRL 7,823.90.
pg. 8
REF. FPSD-15216
23. Finally, the Single Judge observed that the Claimant did not request interests on the
outstanding amounts, thus, it was not awarded on the basis of the principle of ne ultra
petita.
ii. Compliance with monetary decisions
24. 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.
25. 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.
26. 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.
27. 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.
28. 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
29. 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.
30. 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. 9
REF. FPSD-15216
31. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 10
REF. FPSD-15216
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Allan Victor Oliveira Mota, is partially accepted.
2.
The Respondent, Politehnica Iasi, must pay to the Claimant the following amount(s):
- EUR 7,000 net as outstanding remuneration.
- BRL 7,823.90 as outstanding amount.
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
pg. 11
REF. FPSD-15216
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
pg. 12