Labour Disputes
Texto da decisão
REF FPSD-3189
Decision of the
DRC Judge
passed on 27 October 2021
regarding an employment-related dispute concerning the player Levan Shengelia
BY:
Jon Newman (USA), DRC Judge
CLAIMANT:
Levan Shengelia, Georgia
RESPONDENT:
Club Konyaspor, Turkey
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REF FPSD-3189
I.
Facts
1.
On 2 September 2019, the parties concluded an employment contract valid as from the date
of signature until 31 May 2021.
2.
Following art. 3 of the contract, the player was entitled to the following “net of Turkish taxes
only”:
“(…) 2020/2021 Season:
The Player shall be paid 325,000- Euro for the 2020/2021 Season in accordance with
the following schedule:
30.06.2020 : 2,500-Euro
31.07.2020 : 2,500- Euro
31.08.2020 : 30,000-Euro
01.10.2020 : 30.000-Euro
31.10.2020 : 32.500-Euro
30.11.2020 : 32.500-Euro
01.01.2021 : 32.500-Euro
31.01.2021 : 32.500-Euro
28.02.2021 : 32.500-Euro
01.04.2021 : 32.500-Euro
30.04.2021 : 32.500-Euro
31.05.2021 2.500-Euro”
3.
On 2 July 2021, the player sent a default notice, requesting the payment of an outstanding
amount of EUR 178,760 within 15 calendar days.
4.
On 29 July 2021, the player lodged a claim for outstanding remuneration and requested the
payment of EUR 178,750 net to be increased by interest of 5% per annum from 1st January
2021 until the effective payment date
5.
According to the player, the club only paid him in a chaotic way, the amount of EUR 146,250,
leading to a debt of EUR 178,750 net.
6.
The player acknowledged the following payments:
18.09.2020 : 5.000-Euro
02.10.2020 : 30.000-Euro
30.11.2020 : 15.000-Euro
30.12.2020 : 15.000-Euro
03.02.2021 : 32.500-Euro
12.03.2021 : 32.500-Euro
01.07.2021 6.250-Euro
7.
In its reply to the claim, the club argued that “the current covid 19 pandemic resulted in a
significant income loss and an indisputable economic restraint for clubs.”
8.
The Respondent argued that, in order to reduce the effects of the pandemic to the lowest
possible level both for itself and its players, the Respondent offered to pay the last five
instalments of the remuneration for the 2020/2021 season (being the instalments dated
31.01.2021 , 28.02.2021 , 01.04.2021 , 30.04.2021 and 31.05.2021) with payment
cheques dated 30.09.2021.
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REF FPSD-3189
9.
The Respondent further noted that, the majority of the Respondent's players, being all apart
from three individuals, accepted this offer, but that the Claimant was one of the players who
refused the payment by cheque.
10.
As to the payable interest, the club considered that it “must be determined in accordance
with the due dates stipulated under the employment contract.”
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REF FPSD-3189
II.
Considerations of the DRC Judge
1. First of all, the DRC Judge analysed whether he was competent to deal with the case at hand.
Taking into account the wording of art. 21 of the February 2021 edition of the Rules Governing
the Procedures of the Players’ Status Committee and
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, such as the present one.
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 January 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 it will refer
only to facts, arguments and documentary evidence which he considered pertinent for the
assessment of the matter at hand.
5. In this respect, the DRC Judge noted that, on 2 September 2019, the parties concluded an
employment contract valid as from the date of signature until 31 May 2021 with the economic
conditions quotes in point II. 2 above.
6. Subsequently, the DRC Judge observed that the player lodged a claim for outstanding
remuneration and requested the payment of EUR 178,750, arguing that the club only paid him in
a chaotic way the amount of EUR 146,250, leading to a debt of EUR 178,750 net.
7. On the other hand, the DRC Judge observed that the club fundamentally did not dispute the
aforementioned debt, while it referred to the COVID-19 pandemic. In this regard, the DRC Judge
noted, however, that the club did not argued that it was under a situation of force majeure.
8. In view of the above, and given that the claim is uncontested and that the player duly
substantiated his request with sufficient evidence, the DRC Judge established that the club shall
pay to the Claimant, the amount of EUR 178,750 net, as explained above.
9. 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 EUR
178,750 net, as agreed in the contract
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REF FPSD-3189
10. 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 the due dates.
11. In continuation, taking into account the previous considerations, the DRC Judge referred to
art.12bis par. 2 of the Regulations which stipulates that any club found to have delayed a due
payment for more than 30 days without a prima facie contractual basis may be sanctioned in
accordance with art. 12bis par. 4 of the Regulations.
12. The DRC Judge established that in virtue of art. 12bis par. 4 of the Regulations it has competence
to impose sanctions on the Respondent. In this context, the DRC Judge highlighted that the
Respondent had already been found to have delayed a due payment for more than 30 days
without a prima facie contractual basis. In view of the above, the DRC Judge decided to impose
a warning of the Regulations on the Respondent.
13. Moreover, the DRC Judge referred to art. 12bis par. 6 of the Regulations, which establishes that
a repeated offence will be considered as an aggravating circumstance and lead to a more severe
penalty.
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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REF FPSD-3189
Decision of the DRC Judge
III.
1.
The claim of the Claimant, Levan Shengelia, is accepted.
2.
The Respondent, Konyaspor, has to pay to the Claimant, the amount of EUR 178,750 net as
outstanding remuneration plus interest p.a. as follows:
-
5% interest p.a. over the amount of EUR 16,250 as from 1 February 2021 until the date of effective payment.
-
5% interest p.a. over the amount of EUR 32,500 as from 1 February 2021 until the date of effective payment.
-
5% interest p.a. over the amount of EUR 32,500 as from 1 March 2021 until the date of effective payment.
-
5% interest p.a. over the amount of EUR 32,500 as from 1 April 2021 until the date of effective payment.
-
5% interest p.a. over the amount of EUR 32,500 as from 1 May 2021 until the date of effective payment.
-
5% interest p.a. over the amount of EUR 32,500 as from 1 June 2021 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. 24bis the Regulations on the Status and Transfer of Players (February 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.
6. The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24bis par. 7 and 8 and art. 24ter 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-3189
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).
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