Labour Disputes
Texto da decisão
REF FPSD-2753
Decision of the
Dispute Resolution Chamber (DRC) judge
passed on 18 August 2021
regarding an employment-related dispute concerning the player Aleksandar Pejovic
COMPOSITION:
Philippe Diallo (France), DRC Judge
CLAIMANT:
Aleksandar Pejovic, Serbia
Represented by Tarik Trbic
RESPONDENT:
FK Sarajevo, Bosnia and Herzegovina
Represented by Dev Kumar Parmar
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I.
FACTS OF THE CASE
1. On 12 August 2020, the Serbian player, Aleksandar Pejovic (hereinafter: Claimant), and the
Bosnian club, FK Sarajevo (hereinafter: Respondent) signed an employment contract valid as
from the date of signature until 30 June 2022.
2. In accordance with article 9 of the contract, the Respondent agreed to pay the Claimant a net
monthly salary of BAM 9,090.19.
3. Additionally, the Claimant was entitled to a sign on fee in the amount of BAM 9,779.15
payable by 10 September 2020.
4. Article 10 of the contract further states that the Claimant is entitled to bonuses as follows:
The player is entitled to a bonus. Bonus shall be paid only if the team wins the match. The
bonus is related to playing time that a player produces on the official minutes of the match.
The term "match" means all official matches of the Club (Mtel Premier League, the Cup of
Bosnia and Herzegovina, UEFA matches) and includes both domestic and away games in the
2020/2021 i 2021/2022 season. The bonus will be calculated on as follows, net of any taxation
which will be paid on behalf of The Player by The Club:
1.win BAM 300
If The Club wins the match, The Player is entitled to a bonus for the victory which will be
calculated as follows:
If according to the official minutes of the match, The Player was among the first eleven players
who started the match, he shall be entitled to 100% of the amount of the bonus for a win;
If the player achieved a playing time of 16 to 90 minutes than he shall have the right to 75%
of the total amount of the bonus for the win.
if the player spent in the game up to 15 minutes, he is entitled to 50% of the total amount of
the bonus for the win;
If the player did not play (the bench) he is entitled to 30% of the total amount of the bonus
for the win.
2.Goals scored BAM 150
If the player scores a goal in the match, and the Club wins the match, he shall be entitled to a
bonus for the achieved goal.
3.Assist BAM 150
If the player during the game realizes a direct assist that results in a scored goal, and the Club
wins the match, he shall be entitled to a bonus for the assist. A direct assist means that The
Player was the last person to pass the ball prior to a goal being scored by The Club.
4.Winning Premier League title BAM 10,000
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5.Winning BiH Cup title BAM 5,000
Bonuses for winning the BiH Premier League Title and the BiH CUP will be paid only if the
player has played in at least 50% of official matches during the competition season. Otherwise,
a calculation will be applied that will calculate the% (percentage) of matches played x (times)
the amount of the agreed amount.
In case of termination of the contract before the end of the competition season, the obligation
to pay the amount for winning the BiH Premier League and the BiH CUP ceases to apply to the
Club.
6. UEFA Competition BAM 5,000
The bonus refers to one round of UEFA Competition, ie 2 matches. The bonus consist out of
fixed and variable part and will be calculated as follows:
The fixed part amounts to BAM 2.300,00 and will be paid to the player if the player was within
18 players in official record for both matches for one round of UEFA competition;
Variable part is BAM 2.700,00 and will be realized as follows: one minute of the regular course
of the match is valued at 15,00 KM ( 1 minute=BAM lS,00).
The payment of the bonuses for winning Premier League title, BIH CUP and UEFA Competition
will be made upon receipt of funds from UEFA on the basis of placement in the UEFA
competition, and not later than 31.12. in the year in which the premiums were realized.
7.In a case that player has played in at least 70% of official games during the competing
season in 2020/21 and/or 2021/22, will be entitled to bonus in the amount of BAM 5.987.50
which shall be paid no later than 31.12 in the year in which the bonus was realized.
5. On 12 May 2021, the Claimant put the Respondent in default of payment for a total amount
of BAM 41,778.00, granting the Respondent 15 days to comply with its financial obligations.
6. On 24 May 2021, the Claimant sent a letter to the Respondent acknowledging that he had
received one-month salary and stated that his outstanding remuneration is BAM 32,752,
reminding the Respondent to pay the outstanding amount by 27 May 2021 or he would
terminate the contract.
7. On 27 May 2021, the Claimant unilaterally terminated the contract with the Respondent for
outstanding remuneration.
8. On 31 May 2021, the Claimant sent another letter to the Respondent acknowledging receipt
of BAM 18,946.18 on 27 May 2021, which partially covers the outstanding amounts due and
granted the Respondent 3 days to comply, to no avail.
9. On 7 June 2021, the Claimant sent a letter to the Respondent reiterating his decision to
terminate the contract in his letter dated 27 May 2021.
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II.
PROCEEDINGS BEFORE FIFA
10. On 9 June 2021, the Claimant filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
a.
The claim of the Claimant
11. According to the Claimant, he did not receive his agreed salary for the months of January to
April 2021 and the bonuses for the 2020/21 season were not paid by the Respondent.
12. The Claimant added that the Respondent also did not pay his health insurance and pension
contributions for the months of January to April 2021, which is mandatory under the laws of
Bosnia and Herzegovina.
13. According to the Claimant, he sent a default notice to the Respondent for BAM 41,778,
including salaries and bonuses for January to April 2021, and that immediately after this
notification, the Respondent apparently “started activities against him”, for example, he was
removed from training without a valid explanation and removed from the squad.
14. Nonetheless, the Claimant submitted that on 19 May 2021, he received BAM 9,267.62 as
payment for the month of January 2021 and the payment of health insurance and pension
contribution and as a result sent a letter to the Respondent to pay the outstanding amount of
BAM 32,752, to no avail.
15. The Claimant submitted that as a result he terminated his contract with just cause as he had
not received salaries for the months of February to April 2021, various bonuses and was not
permitted to participate in team trainings.
16. According to the Claimant, after the contract termination, he received the amount of BAM
9,307.61 as salary for the month of February 2021 and the amount of BAM 9,638.57 for
March 2021, but without the payment of health insurance and pension fund contribution.
17. As a result, the Claimant submitted that he sent a final letter to the Respondent to
acknowledge receipt of the payment of two salaries and gave the Respondent 3 additional
days to comply, to no avail.
18. The Claimant therefore submitted that on 7 June 2021, he sent a letter to the Respondent
confirming his previous decision to terminate the contract.
19. In view of the above, according to the Claimant he is entitled to BAM 30,517.5 as outstanding
remuneration plus 5% interest p.a. as of the due dates until the effective date of payment as
follows:
- BAM 9,090 as salary for April 2021 as of 1 May 2021;
- BAM 900 as bonuses for April 2021 as of 1 May 2021;
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- BAM 9,090 as salary for May 2021 as of 1 June 2021;
- BAM 450 as bonuses for May 2021 as of 1 June 2021;
- BAM 5,000 as cup win bonus;
- BAM 5,987.50 as appearance bonus.
20. Additionally, the Claimant stated that on top of his outstanding remuneration indicated above,
he is also entitled to compensation for breach of contract in the amount of BAM 118,172.47.
b.
Position of the Respondent
21. The Respondent in its reply stated that on receipt of the Claimant’s default notice dated 12
May 2021, it made payment of one of the salaries as requested. According to the Respondent,
the Claimant proceeded to terminate his contract before the deadline to comply had elapsed
as per the default notice of 12 May 2021.
22. The Respondent added that in accordance with article 79 of the “Labor Law of FBiH”, the
salary could be paid once the work is done and, in a payment period, that cannot be more
than 30 days. According to the Respondent, it is common practice that the salary is paid in
arrears in the vast majority of industries and/or jurisdictions across the globe as is demonstrable
in the payments made to the Claimant.
23. That said, the Respondent added that if the first notification letter was sent on 12 May 2021,
the salary of April 2021, in accordance with the said regulation i.e. article 79 Labor Law FBiH,
cannot be considered owed as the Respondent still had time to comply with the payment. In
fact, even on the date of the termination letter (27 May 2021) the Respondent was on time,
in accordance with the labour law of Bosnia and Herzegovina, to proceed on the payment
without the consideration of a salary owed.
24. As a result, according to the Respondent, in sending the termination letter at 09.28 CET on
the day that the deadline period concludes, the Claimant did not comply with his own deadline
established, breaching the article 14bis of the FIFA Regulations that he invoked repeatedly in
his claim.
25. As a result, the Respondent submitted that the Claimant did not respect the notice period
when he decided to terminate the contract without just cause, in accordance with article 79
of the Labor Law of Bosnia and Herzegovina and that the Claimant also did not follow the
FIFA Regulations by terminating the contract prior to the notice period outlined in his default
notice.
26. Therefore, the Respondent invited the FIFA DRC to conclude that the Claimant is using the
termination of the agreement as a prima ratio measure as he did not make reasonable
attempts to resolve the matter prior to using the courts.
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27. The Respondent added that the Claimant perfectly knows the financial situation of the Club
since the beginning of the year and all the efforts that it has made to comply with all the
contractual clauses. According to the Respondent, while it fully respects the rights of the
Claimant to his salary, it wished to highlight the extenuating circumstances taking place, as
well as the Claimant’s decision to expedite a potential termination without any reasonable
attempt to resolve the matter.
28. The Claimant, according to the Respondent did not take into account all the good acts on its
part considering that it was suffering a huge financial crisis. The delays in payments were due
to a force majeure and that nonetheless, it made huge effort to afford the payments towards
the Claimant in spite of other significant debtors.
29. As a result, the Respondent requested that the FIFA DRC considers the termination of the
contract without just cause and therefore reject all the arguments submitted by the Claimant
in relation to any kind of compensation based on the article 17 of the FIFA Regulations.
30. In regards to the Claimant’s claim for health insurance and pension fund contribution, the
Respondent submitted that the pension fund contribution should be paid by the employer to
the competent tax authorities of Bosnia and Herzegovina on behalf of the employee and that
this was the case.
31. However, it added that due to the critical financial situation, it had to agree a reprogram of all
the tax and social contributions of the whole club. Therefore, in essence, the Respondent
submitted that it is paying the pension fund contribution in instalments in accordance with
the reprogram agreement with the Tax Authorities form Bosnia and Herzegovina. The
Respondent added that the health insurance has been paid in the same manner as the pension
fund contribution to the competent body.
32. The Respondent therefore submitted that the Claimant has no basis for claiming such amounts
as he is not the competent body and that in any case, it fulfilled such obligation.
33. In regards to the outstanding salaries, the Respondent at the time of the present claim
acknowledged that the Claimant is entitled to receive the salaries for the months of April 2021
and May 2021, which are due and payable.
34. In regards to the Claimant’s request for BAM 5,000 as cup win bonus, the Respondent
submitted that in accordance with the article 10. 5 of the contract, the Bonus related to the
win of the Bosnian Cup, as well as all the bonuses related to win the Premier League will not
be payable if the contract has been terminated prior the end of the season. In this respect,
seeing as the Claimant decided to terminate the contract without just cause on 27 May 2021,
the Respondent submitted that no bonuses should be paid.
35. However, in the unlikely scenario where the FIFA DRC esteems appropriate to declare those
bonuses payable, the Respondent highlighted article 10.6 of the contract which clearly states
that those “bonuses related to the winning of the premier league and BIH Cup will be payable
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upon the reception of the UEFA funds based on placement in the UEFA competition, and not
later than 31.12 in the year in which the premiums were realized”.
36. Therefore, the Respondent submitted that as it is currently disputing the qualifying round for
UEFA competition, the funds have not been determined yet, and, as a consequence, there is
no established amount of funds and the bonus due. In the unlikely scenario that the bonus is
determined as due, it could not afford such payment until the funds are effectively received
by the Respondent and within a period of payment with a deadline until 31st December 2021.
37. In conclusion, the Respondent requested that the FIFA DRC rules that:
-
the Claimant terminated the contract without just cause and therefore no compensation
is due to him or if any, that it be mitigated considering the positive good of the Club;
that the Claimant is not entitled to health insurance and pension fund contributions as it
has complied with its duties towards the competent authorities;
rule that the Claimant’s entitlement be limited to the amounts have fallen due for the
months of April and May 2021;
dismiss all other claims for relief by the Claimant;
order the Claimant to cover all costs of the proceedings and bear legal costs incurred by
the Respondent.
-
III.
CONSIDERATIONS OF THE DISPUTE RESOLUTION CHAMBER
a.
Competence and applicable legal framework
38. First of all, the Dispute Resolution Chamber (DRC) judge (hereinafter also referred to as the
DRC Judge) analysed whether it was competent to deal with the case at hand. In this respect,
he took note that the present matter was presented to FIFA on 9 June 2021 and submitted
for decision on 18 August 2021. Taking into account the wording of art. 21 of the 2021
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.
39. Subsequently, the DRC Judge referred to art. 3 par. 1 of the Procedural Rules and observed
that in accordance with art. 24 par. 1 in combination with art. 22 lit. b) of the Regulations on
the Status and Transfer of Players (edition February 2021), 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 Serbian player and a Bosnian club.
40. Subsequently, the DRC 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 Player (edition February 2021), and
considering that the present claim was lodged on 9 June 2021, the February 2021 edition of
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said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b.
Burden of proof
41. The DRC Judge recalled the basic principle of burden of proof, as stipulated in art. 12 par. 3 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 DRC Judge stressed the wording
of art. 12 par. 4 of the Procedural Rules, pursuant to which he may consider evidence not filed
by the parties.
42. In this respect, the DRC Judge also recalled that in accordance with art. 6 par. 3 of Annexe 3
of the Regulations, FIFA’s judicial bodies may use, within the scope of proceedings pertaining
to the application of the Regulations, any documentation or evidence generated or contained
in TMS.
c.
Merits of the dispute
43. The competence of the DRC Judge and the applicable regulations having been established,
the DRC Judge entered into the merits of the dispute. In this respect, the DRC Judge started
by acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the DRC Judge emphasised that in the following
considerations he 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
44. The foregoing having been established, the DRC Judge moved to the substance of the matter,
and took note that according to the Claimant, the Respondent failed to fulfil its contractual
obligations by not paying his salaries and as a result he terminated the contract with just cause
and is entitled to outstanding remuneration and compensation for breach of contract.
45. On the other hand, the DRC Judge noted the Respondent’s submission the Claimant did not
respect the deadline in his default notice and terminated the contract before the deadline to
comply was up. Additionally, the DRC Judge took note of the Respondent’s submission that
in accordance with article 79 of the Labour Law of the FBiH, salaries can be paid once the
work is done and, in a payment period, that cannot be more than 30 days and that therefore,
it is common practice that the salary is paid in arrears.
46. In this context, the DRC Judge acknowledged that it was his task was to determine whether
the contract was terminated with just cause and if as a result, the Claimant was entitled to
compensation for breach of contract.
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47. In continuation, the DRC Judge noted that the Respondent did not contest that the Claimant
was entitled to his outstanding salaries for the months of April and May 2021.
48. In this respect, the DRC judge decided to reject the argumentation submitted by the
Respondent that it could, under Bosnian law, made the salary payments at a later point in time
and/or that it was suffering from a bad financial situation. In this respect, the DRC judge noted
that the Respondent itself confirmed that it was in arrears of the payments the Claimant was
entitled to, as during a significant period of time, more than two monthly salaries were
outstanding.
49. Taking into account, the documentation on file and the submissions of the parties, the DRC
Judge noted that at the date of contract termination (27 May 2021), more than 2 salaries were
outstanding, namely the salaries for the month of April and May 2021. What is more, the DRC
judge also took into account that on the same date, i.e. 27 May 2021, the Respondent
proceeded to make two payments in the amount of BAM 9,307.61 and BAM 9,638.57 for the
months of February and March 2021, which confirms that the Respondent was in breach of
its contractual obligations over a long period of time.
50. In view of the foregoing circumstances, the DRC Judge concluded that the Claimant – based
on the outstanding salaries – had terminated his contract with just cause on 27 May 2021 and
is therefore in principle entitled to outstanding remuneration and compensation for breach of
contract.
ii. Consequences
51. Having stated the above, the DRC Judge turned his attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
52. Taking into account the documentation on file and the submissions of the parties, the DRC
Judge decided to award BAM 18,180.83 as outstanding salaries, corresponding to the
outstanding payments for the months of April and May 2021(BAM 9,090.19 per month).
53. What is more, in line with the well-established jurisprudence of the DRC and PSC in this
respect, as well as taken into account the request of the Claimant, the DRC Judge decided to
award 5% interest p.a. on the amount of BAM 18,180.83 as of the due dates until the
effective date of payment as follows:
-on the amount of BAM 9.090.19 as of 1 May 2021;
-on the amount of BAM 9.090.19 as of 1 June 2021.
54. Additionally, the DRC Judge turned his attention to the Claimant’s request for bonuses and
noted that the Respondent contested said request, stating that the Claimant in accordance
with article 10.5 of the contract would not be entitled to bonuses, as he had terminated his
contract prior to the season ending.
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55. In this regard, the DRC Judge noted that the Claimant had terminated his contract on 27 May
2021, whereas the Respondent had won the Bosnian cup - based on the documentation on
file – already on 26 May 2021, at which time the contract was still in force. Therefore, the
DRC judge was of the opinion that the Claimant would still be entitled to the contractually
agreed bonus and decided to not upheld the argumentation submitted by the Respondent.
Additionally, the DRC judge took note of the Respondent’s argument that the payment of
bonuses was also subject to the Respondent receiving funds from UEFA. Nonetheless, the DRC
Judge deemed that the Respondent was not able to properly substantiate said argument
and/or backed said allegation with documentary evidence, and decided to also not uphold said
argument.
56. As a result, the DRC Judge concluded that the Claimant was entitled to bonuses in the total
amount of BAM 11,437.50, consisting of a bonus of BAM 450 connected to the month of
May 2021, as well as a bonus of BAM 5,000 for winning the Bosnian cup and a bonus of BAM
5,987.50 as ‘appearance bonus’.
57. What is more, in line with the well-established jurisprudence of the DRC and PSC in this
respect, as well as taken into account the request of the Claimant, the DRC Judge decided to
award 5% interest p.a. on the amount of BAM 11,437.50 as of 9 June 2021 until the effective
date of payment.
58. In continuation, the DRC Judge decided that, taking into consideration the Claimant’s
respective claim and art. 17 par. 1 of the Regulations, the Claimant is entitled to receive from
the Respondent compensation for breach of contract in addition to any outstanding salaries
on the basis of the relevant employment contract.
59. In this context, the DRC Judge outlined that, in accordance with said provision, 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 Claimant 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.
60. In application of the relevant provision, the DRC Judge held that he first of all had to clarify
whether the pertinent employment contract contained any clause, by means of which the
parties had beforehand agreed upon a compensation payable by the contractual parties in the
event of breach of contract and concluded that this was not the case.
61. In this regard, the DRC Judge noted that the residual value of the contract in the period
between June 2021 and 30 June 2022 is BAM 118,172.47 (BAM 9,090.19 per month x13
months. Consequently, the DRC Judge concluded the amount of BAM 118,172.47 shall serve
as the basis for the final determination of the amount of compensation for breach of contract.
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62. In continuation, the DRC Judge verified as to whether the Claimant 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, 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 Claimant’s
general obligation to mitigate his damages.
63. In this regard, the DRC Judge noted that the Claimant signed a new contract with FK Radnicki
Nis, Serbia valid from 1 July 2021 until 30 May 2022 for a total fixed remuneration of EUR
28,653.54, which corresponds to approximately BAM 56,055.16. As a result, the DRC Judge
concluded that the Claimant is entitled to a mitigated compensation in the amount of BAM
62,117.31 (BAM 118,172.47 minus BAM 56,055.16).
64. Subsequently, the DRC Judge turned his attention to art. 17 par. 1 lit. ii) of the Regulations,
according to which a player is entitled to an additional compensation of three monthly salaries,
subject to the early termination of the contract being due to overdue payables. In case of
egregious circumstances, the additional compensation may be increased up to a maximum of
six monthly salaries, whereby the overall compensation may never exceed the rest value of the
prematurely terminated contract.
65. With the above in mind and seeing as the termination of the contract was due to overdue
payables, the DRC Judge decided to award the Claimant additional compensation
corresponding to three monthly salaries, i.e. BAM 27,270.57 (BAM 9,090.19 x 3),in
accordance with the above-mentioned provision.
66. In view of all the above, the DRC Judge decided that in principle the Claimant is entitled to
BAM 89,387.88 (BAM 62,117.31 + BAM 27,270.57) as compensation for breach of contract.
67. However, given the circumstances of the case and the fact that the Respondent took positive
steps to remedy the breach by making partial payments, i.e. making two payments to the
Claimant at the date of contract termination, the DRC Judge deemed that the compensation
due to the Claimant should be reduced by a percentage of 50%. As a result, the DRC Judge
awarded the Claimant BAM 44,693.94 (50% of BAM 89,387.88) as compensation for breach
of contract.
68. What is more, in line with the well-established jurisprudence of the DRC and PSC in this
respect, as well as taken into account the request of the Claimant, the DRC Judge decided to
award 5% interest p.a. on the amount of BAM 44,693.94 as of 9 June 2021, the date of
claim, until the effective date of payment.
iii. Compliance with monetary decisions
69. Finally, taking into account the above, the DRC Judge referred to par. 1 lit. and 2 of art. 24bis
of the Regulations, which stipulate that, with its decision, the pertinent FIFA deciding body
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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.
70. In this regard, the DRC 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.
71. Therefore, bearing in mind the above, the DRC 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. 24bis par. 2, 4, and 7 of the Regulations.
72. The Respondent shall make full payment (including all applicable interest) to the bank account
provided by the Claimant in the Bank Registration Form, which is attached to the present
decision.
73. 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. 8
of the Regulations.
d.
Costs
74. The DRC Judge referred to article 18 par. 2 of the Procedural Rules, according to which “DRC
proceedings relating to disputes between clubs and players in relation to the maintenance of
contractual stability as well as international employment related disputes between a club and
a player are free of charge”. Accordingly, the DRC Judge decided that no procedural costs
were to be imposed on the parties.
75. Likewise and for the sake of completeness, the DRC Judge recalled the contents of art. 18 par.
4 of the Procedural Rules, and decided that no procedural compensation shall be awarded in
these proceedings.
76. Lastly, the DRC Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
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IV.
DECISION OF THE DISPUTE RESOLUTION CHAMBER (DRC) JUDGE
1. The claim of the Claimant, Aleksandar Pejovic, is partially accepted.
2. The Respondent, FK Sarajevo, has to pay to the Claimant, BAM 18,180.83 as outstanding salaries
plus 5% interest p.a. as follows:
- on the amount of BAM 9,090.19 as of 1 May 2021 until the effective date of payment;
- on the amount of BAM 9,090.19 as of 1 June 2021 until the effective date of payment.
3. The Respondent has to pay the Claimant, BAM 11’437.5 as outstanding bonuses plus 5% interest
p.a. as of 9 June 2021.
4. The Respondent has to pay the Claimant, BAM 44’693.94 as compensation for breach of contract
plus 5% interest p.a. as of 9 June 2021.
5. Any further claims of the Claimant are rejected.
6. Full payment (including all applicable interest) shall be made to the bank account set out in the
enclosed Bank Account Registration Form.
7. Pursuant to article 24bis of the Regulations on the Status and Transfer of Players if full payment
(including all applicable interest) is not paid 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 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 paid by the end of
the of the three entire and consecutive registration periods.
8. The consequences shall only be enforced at the request of the Claimant in accordance with
article 24bis paragraphs 7 and 8 and article 24ter of the Regulations on the Status and Transfer of
Players.
9. This decision is rendered without costs.
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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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) 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 20 of the Procedural Rules).
CONTACT INFORMATION:
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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
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