Labour Disputes
Texto da decisão
REF. FPSD-12496
Decision of the
Dispute Resolution Chamber
passed on 8 February 2024
regarding an employment-related dispute concerning
the player Ulrich Audrey Pange Lobe
BY:
Frans DE WEGER (The Netherlands), Chairperson
Andre DOS SANTOS MEGALE (Brazil), member
Stijn BOEYKENS (Belgium), member
CLAIMANT:
Ulrich Audrey Pange Lobe, Cameroon
RESPONDENT:
Yanbian Longding, China PR
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REF. FPSD-12496
I. Facts of the case
1. On 1 March 2023, the player and Yanbian Longding concluded an employment contract valid as
from the date of signature until 31 December 2024.
2. Accordingly, the player was entitled to the following:
Year
Income Before
Net Income After
Tax
Tax
USD 40,000
USD 24,522
USD 48,000
USD 28,952
March 2023 to December
2023
January 2024 to 31
December 2024
3. The contract further stipulated the following:
“3. ln addition to the salary (…) Party A has the right to determine whether to pay bonuses to Party B
depending on the circumstance. The amount as well as the payment method of the bonuses shall be
determined according to the relevant bonus distribution plan of Party A.
Party A shall have the right to make the final decision on the amount and payment method of the
bonuses. At the same time, the total amount of bonuses (before tax) paid by Party A shall not exceed
the maximum amount of bonus stipulated by regulations of Chinese Football Association ("CFA")
and/or the relevant League Management Council (hereinafter referred to as:"LMC").”
(…)
“5. Party A shall provide Party B with (1) round-trip economy class flight tickets and (_ ) round-trip
business class flight tickets from China to Cameroon (country of nationality of Party B) for each
contractual year”
4. The contract included the following signature field:
5. According to the player, on 10 February 2023, he arrived to China and following certain trials, a
contract was concluded with the club.
6. However, the player explained that he had to return to Cameroon in order to obtain a “Z” Visa.
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REF. FPSD-12496
7. Subsequently, the player stated that he returned to China on 12 May 2023 after obtaining his “Z”
Visa and subsequently played his first match on 19 March 2023.
8. However, according to the player, the club subsequently requested him to face certain medical
tests and subsequently he was excluded from the squad.
9. On 8 June 2023, the player sent a “letter of dissatisfaction” indicating the following:
“For several months, [the player] has simply been mistreated by your club because of undeclared
reasons.
You say he is ill (Tuberculosis ), without providing any medical evidence.
Mr. President, you are displaying intentions of wanting to unilaterally breach the contract that binds
your club to the footballer (…)
Before embarking on the suicidal path of the unilateral termination of the contract (…) we would like
you to consult the Article 18(4) of the football regulations on the Status and the Transfer of Players.”
10. According to the player, he left China on 10 June 2023.
11. On 13 June 2023, the player sent a new letter requesting the prompt release of outstanding
salary advances and a match-winning bonus. Additionally, it disputed the validity of health
concerns raised during a medical examination, citing FIFA regulations. The letter urged the club
president to provide a return flight to China within eight days
12. On 13 June 2023, the player sent a final default notice, and granted 8 days to be provided with a
return ticket to China.
13. On 19 June 2023, the club issued a termination letter for “Pang Ge Luo Bei [note: this appears to
be the player’s name in Chinese] (passport number: 1199534)” since he was “unable to fulfill the
professional player work contract signed with Yanbian Longding Football Club Co. , Ltd. on March 1,
2023 after multiple diagnoses.”
14. On 29 September 2023, the player concluded an employment contract with the Cameroonian
club, Astres de Douala, valid as from the date of signature until the end of the season 2024 (i.e.
until 31 July 2024).
15. Accordingly, the player was entitled to a monthly salary of XAF 200,000 (from October 2023 until
July 2024, the player would earn 10*200,000 = XAF 2,000,000, equivalent to approx. USD 3,300).
II. Proceedings before FIFA
16. On 2 November 2023, the player lodged a claim before for outstanding remuneration and
breach of contract and requested the payment of the following amounts:
No.
01
02
03
Description
Salaries 2022/2023
Salaries 2023/2024
Bonus For 1 Match Played and Won
Amount
USD 40,000
USD 48,000
USD 2,000
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REF. FPSD-12496
04
05
06
Invoice No. 001013 (penalty from airline,
COVID vaccination and test, vaccination and
transport within the city)
Invoice No. 001014 (“paid for the player’s
release and ITC fees”)
Compensation
Total
USD 4,395
USD 15,000
USD 50,000
USD
159,395
17. Despite being invited to do so, the Respondent failed to provide its reply.
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REF. FPSD-12496
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or
DRC) analysed whether it was competent to deal with the case at hand. In this respect, it
took note that the present matter was presented to FIFA on 2 November 2023 and
submitted for decision on 8 February 2024. Taking into account the wording of art. 34 of
the May 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.
2.
Subsequently, the members of the Chamber 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 lit. b) of the
Regulations on the Status and Transfer of Players (May 2023 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 Cameroonian
player and a Chinese club.
3.
Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 26 par. 1
and 2 of the Regulations on the Status and Transfer of Players (October 2022 edition), and
considering that the present claim was lodged on 2 November 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
4.
The Chamber 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 Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it 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
5.
Its competence and the applicable regulations having been established, the Chamber
entered into the merits of the dispute. In this respect, the Chamber 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
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REF. FPSD-12496
considerations it will refer only to the facts, arguments and documentary evidence, which
it considered pertinent for the assessment of the matter at hand.
i. Main legal discussion and considerations
6.
The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that the present matter pertains to a breach of contract,
uncontested by the Respondent, wherein the parties executed an employment contract on
1 March 2023.
7.
Subsequently, the Chamber noted that in May 2023, the player underwent medical tests,
prompting the club to terminate the contract on 19 June 2023, citing "certain diagnoses”.
8.
In this respect, the Chamber observed that, despite the club's assertion that the player
suffered from tuberculosis, no substantiating evidence has been proffered.
9.
In relation to said argument, the Chamber deemed its imperative to underscore that, in
accordance with Article 18, Paragraph 4 of the Regulations, the validity of a contract cannot
be contingent upon a favourable medical examination.
10. In addressing this matter, the Chamber also deemed crucial to invoke the fundamental
principle of the burden of proof, as enshrined in Article 13, Paragraph 5 of the Procedural
Rules. This provision stipulates that a party claiming a right based on an alleged fact shall
bear the corresponding burden of proof.
11. In light of this, the Chamber considered that it is evident that the club terminated the
contract without just cause.
12. Consequently, the player is unequivocally entitled to compensation, in addition to the
settlement of any outstanding dues owed under the terms of the contract
ii. Consequences
13. Having stated the above, the members of the Chamber turned their attention to the
question of the consequences of such unjustified breach of contract committed by the
Respondent.
14. The Chamber observed that the outstanding remuneration at the time of termination, i.e.
from March 2023 until June 2023, the player should have received USD 16,000, i.e. USD
4,000 gross per month*4 (40,000/10).
15. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant the amounts
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REF. FPSD-12496
which were outstanding under the contract at the moment of the termination, i.e. USD
16,000.
16. However, the Chamber considered that the claimed bonuses cannot be awarded due to a
lack of contractual basis and failure to present evidence as to the circumstances leading to
their payment. For the same reason, the invoices requested by the Claimant cannot be paid
due to a lack of contractual and regulatory basis, since they refer to certain elements that
are not directly provided in the contract.
17. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable to the player by the club in the case at stake. In doing so, the
Chamber firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the
amount of compensation shall be calculated, in particular and unless otherwise provided
for in the contract at the basis of the dispute, with due consideration for the law of the
country concerned, the specificity of sport and further objective criteria, including in
particular, the remuneration and other benefits due to the player under the existing
contract and/or the new contract, the time remaining on the existing contract up to a
maximum of five years, and depending on whether the contractual breach falls within the
protected period.
18. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
19. As a consequence, the members of the Chamber determined that the amount of
compensation payable by the club to the player had to be assessed in application of the
other parameters set out in art. 17 par. 1 of the Regulations. The Chamber recalled that
said provision provides for a non-exhaustive enumeration of criteria to be taken into
consideration when calculating the amount of compensation payable.
20. Bearing in mind the foregoing as well as the claim of the player, the Chamber proceeded
with the calculation of the monies payable to the player under the terms of the contract
from the date of its unilateral termination until its end date.
21. In particular the Chamber noted the following:
From July 2023 until December 2023, the player would earn 4,000*6 = USD 24,00
From the year 2024, he would earn USD 48,000 (gross)
The total residual value of the contract is USD 72,000
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REF. FPSD-12496
22. Consequently, the Chamber concluded that the amount of USD 72,000 serves as the basis
for the determination of the amount of compensation for breach of contract.
23. In continuation, the Chamber verified as to whether the player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new
employment contract shall be taken into account in the calculation of the amount of
compensation for breach of contract in connection with the player’s general obligation to
mitigate his damages.
24. Indeed, the player found employment with the Cameroonian club, Astres de Douala, valid
as from the date of signature until the end of the season 2024 (i.e. until 31 July 2024).
Accordingly, the player was entitled to a monthly salary of XAF 200,000 (from October 2023
until July 2024, the player would earn 10*200,000 = XAF 2,000,000, equivalent to approx.
USD 3,300).
25. Consequently, on account of all of the above-mentioned considerations and the
specificities of the case at hand, the Chamber decided that the club must pay the amount
of USD 68,700 to the player (i.e. USD 72,000 minus USD 3,300), which was to be considered
a reasonable and justified amount of compensation for breach of contract in the present
matter.
iii. Compliance with monetary decisions
26. Finally, taking into account the applicable Regulations, the Chamber 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.
27. In this regard, the DRC 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.
28. Therefore, bearing in mind the above, the DRC 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.
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REF. FPSD-12496
29. 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.
30. The DRC 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
31. The Chamber 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 Chamber decided that no procedural costs were to be
imposed on the parties.
32. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules, and decided that no procedural compensation shall be
awarded in these proceedings.
33. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-12496
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Ulrich Audrey Pange Lobe, is partially accepted.
2.
The Respondent, Yanbian Longding, must pay to the Claimant the following amounts:
- USD 16,000 as outstanding remuneration
- USD 68,700 as compensation for breach of contract without just cause
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
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REF. FPSD-12496
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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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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