Labour Disputes
Texto da decisão
REF. FPSD-17866
Decision of the
Dispute Resolution Chamber
passed on 18 March 2025
regarding an employment-related dispute concerning the player
Gabriel Fernando Santos Silva
BY:
Alejandro ATILIO TARABORELLI (Argentina & Italy)
CLAIMANT:
Gabriel Fernando Santos Silva, Brazil
Represented by Tiago Patrick de Araujo Marciano
RESPONDENT:
International Futsal Club Kadan, Czech Republic
pg. 2
REF. FPSD-17866
I. Facts of the case
1.
On 30 July 2024, the Brazilian futsal player Gabriel Fernando Santos Silva (hereinafter: the
Claimant or the Player) and the Czech club International Futsal Club Kadan (hereinafter: the
Respondent or the Club) concluded an employment contract (hereinafter: the Contract) valid
as from 1 August 2024 until 30 June 2025.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant a
monthly salary of CZK 5,000 by the 15th day of the following month.
3.
By correspondence dated 6 January 2025, the Claimant put the Respondent in default and
requested payment within 10 days of EUR 1,900, corresponding to his salary for the months
of October 2024 (EUR 600), November 2024 (EUR 600), and December 2024 (EUR 300), in
addition to a bonus of EUR 600.
II. Proceedings before FIFA
4.
On 20 January 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
5.
According to the Claimant, he terminated the Contract with just cause as the Club failed to
fulfil its contractual obligations, neglecting to pay his salary for the months of October 2024
(EUR 600), November 2024 (EUR 600), and December 2024 (EUR 300), in addition to a bonus
of EUR 400.
6.
Considering the foregoing, the Player requested outstanding remuneration in the amount
of EUR 1,900.
b. Position of the Respondent
7.
Despite being invited to do so, the Respondent failed to reply to the claim.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
8.
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 20 January 2025 and submitted for
decision on 18 March 2025. Taking into account the wording of art. 34 of the January 2025
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REF. FPSD-17866
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.
9.
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 (January 2025 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 a Czech club.
10. 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. 29 of
the Regulations on the Status and Transfer of Players, the January 2025 edition of said
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
11. 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).
c. Merits of the dispute
12. 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
13. The Single Judge then moved to the substance of the matter, and took note of the fact that,
according to the Claimant, he terminated the Contract with just cause based on the alleged
non-payment of certain financial obligations by the Respondent as per the Contract, in
accordance with art. 14bis of the Regulations.
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REF. FPSD-17866
14. In this context, the Single Judge acknowledged that his task was to determine, based on
the evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled. In this regard, the Single Judge underscored that the
Respondent failed to reply to the claim and therefore his decision shall be based on the
facts and evidence established in the file.
15. The Single Judge then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails to pay a player at least two monthly salaries
on their due dates, the player will be deemed to have a just cause to terminate his contract,
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to fully comply with its financial obligation(s).
16. In the present matter, the Single Judge noted that the Claimant claimed not having received
his remuneration corresponding to the monthly salaries from October 2024 to December
2024, in addition to a bonus of EUR 400. Furthermore, the Single Judge noted that the
Claimant has provided written evidence of having put the Respondent in default on 6
January 2025. In this regard, the Single Judge observed that the Claimant had only granted
a deadline of 10 days to the Respondent to fully comply with its financial obligations, thus
the requirements of article 14bis were not met.
17. Notwithstanding the above, the Single Judge recalled the long-standing jurisprudence of
the Dispute Resolution Chamber, according to which only a breach or misconduct which is
of a certain severity justifies the termination of a contract without prior warning. In other
words, only when there are objective criteria which do not reasonably permit to expect the
continuation of the employment relationship between the parties, a contract may be
terminated prematurely. Hence, if there are more lenient measures which can be taken in
order for an employer to assure the employee’s fulfilment of his contractual duties, such
measures must be taken before terminating an employment contract. A premature
termination of an employment contract can only be an ultima ratio.
18. Accordingly, in the absence of a reply to the claim from the Respondent and considering
that it had repeatedly and for a significant period of time been in breach of its contractual
obligations towards the Claimant despite having been put in default, the Single Judge
concluded that the Claimant terminated the Contract with just cause based on article 14 of
the Regulations. In this respect, the Single Judge determined that the fundamental terms
and conditions which formed the basis of the Contract were no longer respected by the
Respondent.
19. In continuation, the Single Judge held that in the absence of evidence on file regarding the
termination of the Contract, the Claimant terminated it by lodging his claim before FIFA on
20 January 2025.
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REF. FPSD-17866
20. Consequently, the Single Judge decided that the Claimant had a just cause to unilaterally
terminate the Contract, based on art. 14 of the Regulations and that the Respondent is to
be held liable for the consequences thereof.
ii. Consequences
21. Having stated the above, the Single Judge turned his attention to the question of the
consequences of such unjustified breach of the Contract committed by the Respondent.
22. The Single Judge observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, are equivalent to the monthly
salaries from October 2024 until December 2024. In this regard, the Single Judge noted
that, contrary to the Player’s allegation that his monthly salary amounts to EUR 600, the
Contract on file stipulated a monthly salary of CZK 5,000.
23. As a consequence, taking into consideration the Claimant’s request and in accordance with
the general legal principle of pacta sunt servanda, the Single Judge decided that the
Respondent is liable to pay to the Claimant the amounts which were outstanding under the
Contract at the moment of its termination, i.e. CZK 12,500 as the monthly salary of October
2024 in the amount of CZK 5,000, the monthly salary of November 2024 in the amount of
CZK 5,000 and the monthly salary of December 2024 in the amount of CZK 2,500. In this
respect, the Single Judge took note that the Player requested EUR 300 for the monthly
salary of December 2024, i.e. half of his alleged monthly salary, and therefore awarded him
CZK 2,500, i.e. half of a monthly salary in accordance with the Contract.
24. Regarding the claim for the alleged bonus of EUR 400, the Single Judge rejected it on the
basis that it has no contractual basis and is not supported with the necessary documentary
evidence.
25. Lastly, the Single Judge observed that the Player did not request interest on the outstanding
remuneration or compensation for the breach of the Contract.
iii. Compliance with monetary decisions
26. 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.
27. 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
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REF. FPSD-17866
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 Single 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. 24 par. 2, 4, and 7 of the Regulations.
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 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.
d. Costs
31. 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.
32. 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.
33. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
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REF. FPSD-17866
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Gabriel Fernando Santos Silva, is partially accepted.
2.
The Respondent, International Futsal Club Kadan, must pay to the Claimant the following
amount:
- CZK 12,250 as outstanding remuneration.
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-17866
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
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