Labour Disputes
Texto da decisão
REF. FPSD-16425
Decision of the
Dispute Resolution Chamber
passed on 7 November 2024
regarding an employment-related dispute concerning the player Felipe
Rodrigues Dos Santos
BY:
Michele COLUCCI, Italy
CLAIMANT:
Felipe Rodrigues Dos Santos, Brazil
Represented by Filipe Orsolini Pinto de Souza
RESPONDENT:
FC Vorskla Poltava, Ukraine
pg. 2
REF. FPSD-16425
I. Facts of the case
1.
The parties to this dispute are:
•
the Brazilian player Felipe Rodrigues Dos Santos (hereinafter: the Claimant or the
Player); and
•
the Ukrainian club FC Vorskla Poltava (hereinafter: the Club or the Respondent),
which is affiliated to the Ukrainian Football Association (UFA).
2.
The Player and the Club are hereinafter jointly referred to as the Parties.
3.
On 1 July 2022, the Club sent an employment offer (hereinafter: the Offer) to both the Player
and his then employer, the Brazilian club Grêmio Novorizontino SP (hereinafter: GNSP),
containing the following terms and conditions:
“Contract term - 2 (two) years,
Salary - first year 16,000 (sixteen thousand) EUR/per month, second - 19,000 (nineteen
thousand) EUR/per month,
Bonuses - 1,000 (one thousand) EUR entering the starting lineup on the pitch,
Goal Assist - 500 (five hundred) EUR, - 1,000 (one thousand) EUR”.
4.
On 4 July 2022, the Parties et al. entered into the following agreements:
•
GNSP, the Club, and the Player signed a transfer agreement transferring the
Player’s federative rights from the former to the latter.
•
The Parties signed an employment contract valid from the signing date until 30
June 2024 (hereinafter: the Employment Contract). Accordingly, the Club
undertook to pay the Player, inter alia, a monthly salary of EUR 1,245 net.
•
The Parties also signed a private agreement (hereinafter: the Supplementary
Agreement), in which the Club undertook to pay additional remuneration, as
follows:
o
EUR 15,000 net per month from 4 July 2022 to 30 June 2023;
o
EUR 18,000 per month from 1 July 2023 to 30 June 2024;
o
Performance bonuses, quoted verbatim:
pg. 3
REF. FPSD-16425
“2. If the [Player] entering the starting lineup on the pitch of the football team
in the official game the Club additionally pays in favor of the [Player] a
monetary reward in the amount of 1,000 (one thousand) c.u. (1 c.u. = 1 EUR).
3. The Club has a system of paying a bonus for players of the football team (if
he was in the pitch, on the bench): win - 1,000 (one thousand) c.u., 1 c.u. = 1
EUR.
4. If a Professional Football player achieves certain individual results during
one football season, the Club pays bonuses in his favor:
- goal + assist - 500 (five hundred) c.u., c.u. a 1 EUR”.
5.
On 30 June 2024, the Employment Contract expired.
6.
On 3 June 2024, the Club issued a statement of debt (hereinafter: the Statement of Debt) in
which it acknowledged that it owed the Player a total amount of EUR 75,000, broken down
as follows:
•
•
•
•
7.
February 2024: EUR 19,000 as a salary (EUR 18,000) and a bonus (EUR 1,000);
March 2024: EUR 20,000 as a salary (EUR 18,000) and a bonus (EUR 1,000);
April 2024: EUR 18,000 as a salary; and
May 2024: EUR 18,000 as a salary.
The Statement of Debt further states that: “the amounts indicated above will be paid to you
during the period of payment of [the Club] players’ salaries. We also ask you to specify a trusted
period in Ukraine who will be able to receive such amounts and transfer them to you based on
the relevant documents”.
II. Proceedings before FIFA
8.
On 30 June 2024, the Player filed the claim at hand before FIFA. A summary of the Parties’
position is detailed below.
a. Claim of the Player
9.
In his claim, the Player recalled the contractual relationship between the Parties and
stressed that the Club had failed to pay him the sums referred to in the Statement of Debt.
10. As a result, the Player requested the award of EUR 75,000 net plus 5% interest p.a. “as from
the due date of each payment”.
11. The Player’s requests for relief were as follows, quoted verbatim:
pg. 4
REF. FPSD-16425
“In view of all above, the Claimant requests:
a.
the FIFA general secretariat to issue a proposal according to the Article 20 of the
FIFA Procedural, given that the case does not raise complex factual or legal issues:
b.
the DRC to send this claim to the [Club] with a time limit for a statement or a reply,
pursuant article 21.1 the FIFA Procedural;
c.
the DRC to accept this claim and order [the Club] to pay to the Claimant the total
net amount of EUR 75,000 (seventy-five thousand Euros), plus interests of 5% p.a.
as from the due date of each payment as follows:
i.
ii.
iii.
iv.
d.
EUR 19,000, plus interests of 5% p.a. as from 28 February 2024;
EUR 20,000, plus interests of 5% p.a. as from 31 March 2024;
EUR 18,000, plus interests of 5% p.a. as from 30 April 2024;
EUR 18,000, plus interests of 5% p.a. as from 31 May 2024;
the DRC to accept this claim and include the consequences of the failure to pay
the relevant amounts in due time, pursuant article 24 of the FIFA RSTP”.
b. Reply of the Club
12. On 22 October 2024, the Club responded to the Player’s claim, stating that at the end of its
employment relationship with the Player, it owed him a total of EUR 93,000 (i.e., EUR 18,000
in addition to the EUR 75,000 mentioned in the Statement of Debt), of which EUR 34,000
had been paid to the Player’s agent.
13. In support of its position, the Club submitted a receipt signed by a representative of the
Club and a person named Gilvan Ferreira da Costa.
14. In light of the foregoing, the Club claimed that it owed the Player the balance of EUR 59,000
(i.e., the EUR 93,000 owed at the time of the termination minus the EUR 34,000 allegedly
paid to the Player’s agent), which it proposed to settle as follows, quoted verbatim:
“In view of the martial law and hostilities in Ukraine, we request the FIFA General
Secretariat, when making the relevant decision, to installments its execution, namely by
paying the debt amount in equal installments over 6 (six) months (EUR 9,835 / month,
taking into account the current tax legislation of Ukraine) on a current bank detail of the
Claimant”.
pg. 5
REF. FPSD-16425
c. Additional comments of the Player
15. On 27 October 2024, at the request of the FIFA general secretariat, the Player denied having
received the EUR 34,000 mentioned by the Club. The Player pointed out that the cash
receipt submitted by the Club had a dedicated space for his signature, which was blank,
confirming that he had never confirmed receipt of the payment.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
16. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the 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 3 October 2024 and submitted for
decision on 7 November 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.
17. Furthermore, 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 an Ukrainian club.
18. 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 3 October 2024, the cited edition of said
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
19. 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 Transfer Matching System (TMS).
pg. 6
REF. FPSD-16425
c. Merits of the dispute
20. Having established the competence and the applicable regulations, 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 assessing the matter at hand.
i. Main legal discussion and considerations
21. The Single Judge then proceeded to the substance of the matter, noting that it concerned
a claim brought by the Player against the Club for outstanding remuneration.
22. On the one hand, the Single Judge noted that the Player claimed an entitlement to EUR
75,000 net under the Employment Contract and the Supplementary Agreement. The Player
further substantiated his claim with the Statement of Debt, which, according to the Player,
the Club had breached in its entirety.
23. On the other hand, the Single Judge also considered that the Club acknowledges that it
owes the Player EUR 53,000. However, the Club claims that the remaining EUR 18,000 (i.e.,
the residual value of the Statement of Debt) had been paid to the Player’s agent as a share
of a payment of EUR 34,000 allegedly made in October 2024.
24. In light of the above, the Single Judge determined that his task was to determine whether
the Club had discharged its burden with regard to the payment of the balance of EUR
18,000.
25. In this context, the Single Judge first recalled the well-established jurisprudence of the
Football Tribunal according to which clubs must be diligent when paying players in cash
and must keep a record of the relevant cash payment receipt.
26. The Single Judge considered that, in the absence the Player’s signature, it was incumbent
on the Club to further substantiate its position with regard to the cash receipt – for
example, by providing additional documentation, such as bank statements or internal
accounting documents, to show that the payment had been made. Similarly, the Single
Judge found that it was incumbent upon the Club to prove that the third party who
purportedly received the money on behalf of the Player was indeed authorized to do so.
27. Notwithstanding the foregoing, the Club has not met this burden.
28. In addition, although the Club suggested that the hostilities in Ukraine and the martial law
affected the payment, the Club also failed to provide any evidence in this regard – once
again failing to meet its burden of proof.
pg. 7
REF. FPSD-16425
29. The Single Judge therefore decided to dismiss the Club’s position.
30. As a result, the Single Judge awarded the Player the net amount of EUR 75,000, plus 5%
interest p.a. as from the day following the respective due dates, as follows:
•
•
•
•
On EUR 19,000 net as from 1 March 2024;
On EUR 20,000 net as from 1 April 2024;
On EUR 18,000 net as from 1 May 2024; and
On EUR 18,000 net as from 1 June 2024.
31. The Player’s claim was partially accepted, with the only difference being the die a quo of
interest.
ii. Compliance with monetary decisions
32. 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.
33. 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.
34. Therefore, bearing in mind the above, the Single Judge decided that the Club must pay the
full amount due (including all applicable interest) to the Player within 45 days of notification
of the decision, failing which, at the request of the Player, 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.
35. The Club shall make full payment (including all applicable interest) to the bank account
provided by the Player in the Bank Account Registration Form, which is attached to the
present decision.
36. 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.
pg. 8
REF. FPSD-16425
d. Costs
37. 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.
38. 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.
39. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the Parties.
pg. 9
REF. FPSD-16425
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Felipe Rodrigues Dos Santos, is partially accepted.
2.
The Respondent, FC Vorskla Poltava, must pay to the Claimant the following amount(s):
- EUR 19,000 net as outstanding remuneration plus 5% interest p.a. as from 1 March
2024 until the date of effective payment;
- EUR 20,000 net as outstanding remuneration plus 5% interest p.a. as from 1 April 2024
until the date of effective payment;
- EUR 18,000 net as outstanding remuneration plus 5% interest p.a. as from 1 May 2024
until the date of effective payment; and
- EUR 18,000 net as outstanding remuneration plus 5% interest p.a. as from 1 June 2024
until the date of effective payment.
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.
pg. 10
REF. FPSD-16425
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-16425
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