Labour Disputes
Texto da decisão
Decis ion of the
Dis pute Res olution Cham ber (DRC) judge
passed on 5 May 2020,
by Pav el Piv arov (Russia), DRC judge
on the claim presented by the player,
Deny s Ov s iannikov , Ukraine,
represented by Mr Yuri Yurchenko
as Claimant
against the club,
S port Club Inform atica Tim is oara, Romania
as Respondent
regarding an employment-related dispute between the parties
I.
Facts of the cas e
1.
On 1 August 2018, the Ukraininan player, Denys Ovsiannikov, (hereinafter: the
Claimant), and the Romanian club, Sport Club Informatica Timisoara, (hereinafter:
the Respondent) concluded an employment contract valid as from the date of
signature until 1 June 2019 (hereinafter: the contract), as per which the Claimant
would receive, inter alia, a monthly salary of EUR 2,200.
2.
According to the Claimant, he was regularly paid until 30 September 2018,
however, in October 2018 he received only EUR 1,100 and the salaries for
November and December 2018 have not been paid at all.
3.
On 1 January 2019, the Claimant and the Respondent signed an “additional
agreement” (hereinafter: the termination agreement), by means of which the
parties terminated their contractual relationship and the Respondent confirmed
a salary debt towards the Claimant in the amount of EUR 5,500, to be paid in
instalments, from 1 March 2019 to 1 November 2019.
4.
Pursuant to the termination agreement, “the amount of 5,500 (five thousand five
hundred) euro net will be paid [to the Claimant] in the following order:
- 500 (five hundred) euro – until 01 March 2019;
- 500 (five hundred) euro – until 01 April 2019;
- 500 (five hundred) euro – until 01 May 2019;
- 500 (five hundred) euro – until 01 June 2019;
- 500 (five hundred) euro – until 01 July 2019;
- 500 (five hundred) euro – until 01 August 2019;
- 500 (five hundred) euro – until 01 September 2019;
- 500 (five hundred) euro – until 01 October 2019;
- 1500 (one thousand five hundred) euro – until 01 November 2019.”
5.
According to the Claimant none of the instalments of the termination agreement
were paid by the Respondent.
6.
On 19 November 2019, the Claimant put the Respondent in default of payment
of EUR 5,500, granting it 10 days to remedy the default, however to no avail.
7.
On 13 January 2020, the Claimant lodged a claim against the Respondent in front
of FIFA, claiming the payment of EUR 5,500 plus 5% interest p.a. as from 2
November 2019 until the date of effective payment.
Player Denys Ovsiannikov, Ukraine / Sport Club Informatica Timisoara, Romania
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8.
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 13 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 and 2 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
Ukrainian player and a Romanian 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 13 January 2020, the January 2020 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.
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.
Player Denys Ovsiannikov, Ukraine / Sport Club Informatica Timisoara, Romania
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5.
In this respect, the DRC judge acknowledged that, on 1 August 2018, the Claimant
and the Respondent concluded an employment contract valid as from the date of
signature until 1 June 2019, pursuant to which the Respondent undertook to pay
to the Claimant a monthly salary of EUR 2,200.
6.
Moreover, the DRC judge acknowledged that, on 1 January 2019, the Claimant
and the Respondent signed the termination agreement, according to which the
Claimant was entitled to receive the amount of EUR 5,500 in instalments due from
March to November 2019.
7.
Furthermore, the DRC judge took note that, on 17 June 2019, having the
Respondent not fulfilled its financial obligation towards the Claimant, the latter
put the Respondent in default of payment of EUR 5,500, and granted it 10 days
to remedy the default.
8.
Having recalled the above, the DRC judge observed that, the Claimant, in his claim
lodged on 13 January 2020, claimed the total amount of EUR 5,500, corresponding
to the amount agreed by the parties when the termination agreement was
concluded.
9.
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, the DRC judge deemed, the Respondent renounced its right
to defence and, thus, accepted the allegations of the Claimant.
10.
In light of the above, the DRC judge highlighted that the Respondent must fulfill
its obligations as per the termination agreement 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 Claimant the remuneration that was
outstanding at the time of the claim was lodged, i.e. the amount of EUR 5,500,
corresponding to the salary debt payable to the Claimant.
11.
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 as from 2 November 2019 until
the date of effective payment.
12.
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
Player Denys Ovsiannikov, Ukraine / Sport Club Informatica Timisoara, Romania
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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.
13.
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.
14.
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.
15.
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.
16.
The DRC judge concluded his deliberations in the present matter by establishing
that the claim lodged by the Claimant is accepted.
III.
Decis ion of the DRC judge
1.
The claim of the Claimant, Denys Ovsiannikov, is accepted.
2.
The Respondent, Sport Club Informatica Timisoara, has to pay to the Claimant,
w ithin 45 day s as from the date of notification of this decision, the amount of
EUR 5,500 plus 5% interest p.a. as from 2 November 2019.
3.
The Claimant is directed to inform the Respondent, immediately and directly,
preferably to the email address as indicated on the cover letter of the present
decision, of the relevant bank account to which the Respondent must pay the
amount mentioned under points 2. above.
Player Denys Ovsiannikov, Ukraine / Sport Club Informatica Timisoara, Romania
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4.
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 into one of the official FIFA languages (English, French, German,
Spanish).
5.
In the event that the amount 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
amount is 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).
6.
The ban mentioned in point 5. above will be lifted immediately and prior to its
complete serving, once the due amount is paid.
7.
In the event that the amount due in accordance with point 2. above 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).
Player Denys Ovsiannikov, Ukraine / Sport Club Informatica Timisoara, Romania
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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
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 Denys Ovsiannikov, Ukraine / Sport Club Informatica Timisoara, Romania
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