Labour Disputes
Texto da decisão
REF FPSD-3169
Decision of the
Dispute Resolution Chamber
passed on 13 October 2021
regarding an employment-related dispute concerning the player Cristian Ceballos Prieto
BY:
Mario Flores Chemor (Mexico), DRC Judge
CLAIMANT:
Cristian Ceballos Prieto, Spain
RESPONDENT:
Qatar SC, Qatar
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REF FPSD-3169
I.
Facts
1.
The parties concluded a contract valid as from 11 March 2021 until 5 July 2021.
2.
Schedule 1 of the contract stipulated the following:
“1. The Contract has a total value of USD/- 150,000
2. Concerning the season 2020/2021 the Player shall receive from the Club the total amounts as follow:
A. Monthly salary:
USD-/ 37,500 to be paid at the end of each Gregorian month for the period from 11/03/2021 unti1
30/06/2021.”
3.
On 8 July 2021, the player sent a default notice with the following contents:
“we contact you in order to call your attemption regarding the pending amount of the contract of the
past season 2020- 2021 which is not paid yet.
In this sense, we kindly invite your club to make the deposit of such amount in the players´ bank account
registered urgently as soon as possible or in other case to confirm immediately when such payment will
be produced.”
4.
On 15 July 2021, the club sent a letter with the following contents:
“Good morning
Regarding our player Cristian Ceballos
Please note we don't have any problem to pay his remaining amount and we thought that he will come
back to Qatar to sign the clearance but any way its not problem we can sigh online through email.
Just I want to clarified you that the player sign with contract to only play 4 games and in his first game
he got read card because Indecent and violent behavior and player know that he got A fine from Qatar
Football Association amount of 8,220 dollars, as well he got a fine from Qatar Club with same amount
because he suspended to play for 3 matches, which we lost opportunity to qualify for the Asian
Champions League, and we didn't benefiting from the player's services which is the main reason for
contracting with him to play these remaining important matches,
For this information above, the administration has no objection to paying the remaining amount to the
player after deducting the fines amounting /-16,440 dollars in total (Club & QFA) fins and we ready to
transfer the remaining amount of /-33,560 dollars within 4 days once we receive confirmation and
approval from the player we Hope you understand the case.
Note : player already received copy of fine letter when he was in Qatar.”
5.
On 15 July 2021, the club sent a letter to the club, informing him that he was fined by the Qatar FA with
Q (Qatar Rials) 30,000 for “violet behaviour (…) against the opponent player during the official match
held on 6/4/2021”.
6.
On 15 July 2021, the player sent a default notice, insisting to be paid USD 50,000 by no later than 25
July 2021, and noting that “the penalty of the club decision is an absolutely unilateral and arbitrary
decission of the club without a disciplinary proceeding communicated to the player with the possibility
to a reply.”
7.
On 28 July 2021, the Claimant lodged a claim before FIFA for outstanding remuneration, and requested
the payment of USD 50,000, plus 5% interest p.a. as from 15 July 2021.
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8.
In particular, the Claimant argued that the contract had a total value of USD 150,000, but that he only
received USD 100,000.
9.
Despite invited to do so, the Respondent failed to present its reply.
II. Considerations of the Dispute Resolution Chamber
1.
First of all, the DRC Judge (hereinafter also referred to as the Judge) analysed whether it was
competent to deal with the case at hand. Taking into account the wording of art. 21 of the January
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.
2.
Subsequently, the
DRC
Judge referred to art.
3
par.
1 of the Procedural
Rules
and emphasised 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, the DRC Judge is competent to
deal with matters which concern employment-related disputes with an international dimension
between players and clubs.
3.
In continuation, the DRC Judge analysed which edition of the Regulations of the Status and Transfer
of Players should be applicable to the present matter. In this respect, the DRC Judge confirmed that
in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players, and
considering the date when the claim was lodged, the February 2021 edition of the aforementioned
regulations (hereinafter: the Regulations) is applicable to the matter at hand.
4.
With the above having been established, the DRC Judge entered into the substance of the matter.
In doing so, it started to acknowledge the facts of the case as well as the documents contained in
the file. However, the DRC Judge emphasized that in the following considerations he will refer only
to facts, arguments and documentary evidence which it considered pertinent for the assessment of
the matter at hand.
5.
In this respect, the DRC Judge noted that the parties concluded a contract valid as from 11 March
2021 until 5 July 2021 with the conditions established in point I.2 above.
6.
Subsequently, the DRC Judge observed that the player lodged a claim before FIFA for outstanding
remuneration, by means of which he requested the payment of USD 50,000, as he noted had a total
value of USD 150,000, but that he only received USD 100,000.
7.
Subsequently, the DRC Judge took into account that the Respondent, for its part, failed to present
its response to the claim of the Claimant, in spite of having been invited to do so. In this way, the
DRC Judge considered that the Respondent renounced its right to defence.
8.
Furthermore, as a consequence of the aforementioned consideration, the DRC judge concurred that
in accordance with art. 9 par. 3 of the Procedural Rules he shall take a decision upon the basis of the
documents already on file, in other words, upon the statements and documents presented by the
Claimant.
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9.
Notwithstanding the above, DRC Judge analysed the previous exchange of correspondence that was
provided by the player in his claim. In this respect, and after duly examining said previous exchange
of correspondence, the Judge noted that the Respondent apparently tried to offset the payment of
salaries with the imposition of certain disciplinary fines. Under any circumstance, however, the DRC
Judge noted that there is no evidence that the player participated in any fair procedure. Therefore,
the DRC Judge understood that imposition of said potential fines fines should be disregarded.
10. Taking into account the documentation presented by the DRC Judge in support of his petition as
well as the lack of response from the Respondent, the DRC Judge noted that the total value of the
contract was USD 150,000, while the player acknowledged having received USD 100,000.
11. Therefore, the DRC judge concluded that the Claimant had substantiated his claim pertaining to
outstanding salaries (USD 50,000) with sufficient documentary evidence.
12. Consequently, in strict application of the principle of pacta sunt servanda, the DRC Judge established
that the Respondent has to pay to the Claimant, the total outstanding amount of USD 50,000, as
agreed in the contract.
13. Moreover, taking into account the request of the Claimant as well as the longstanding jurisprudence
in this regard, the DRC Judge decided to award 5% interest p.a. over said amount as from 15 July
2021, as requested.
14. Furthermore, taking into account the previous considerations, 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 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.
15. 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.
16. 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.
17. 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.
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III. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Cristian Ceballos Prieto, is accepted.
2.
The Respondent, Qatar SC, has to pay to the Claimant, the amount of USD 50,000 as
outstanding remuneration plus 5% interest p.a. as from 15 July 2021 until the date of
effective payment.
3.
Full payment (including all applicable interest) shall be made to the bank account indicated in
the enclosed Bank Account Registration Form.
4.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players (August 2021
edition), 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.
5. 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.
6. This decision is rendered without costs.
For the Football Tribunal:
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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