Labour Disputes
Texto da decisão
REF FPSD-6229
Decision of the
Dispute Resolution Chamber
passed on 21 July 2022
regarding an employment-related dispute concerning the player
Magoimed Shapi Suleymanov
BY:
Frans DE WEGER (Netherlands), Chairperson
Alejandro ATILIO TARABORELLI (Argentina), member
Roy VERMEER (Netherlands), member
CLAIMANT:
Magoimed Shapi Suleymanov, Russia
RESPONDENT:
Giresunspor, Turkey
REF FPSD-6229
I Facts
1. On 8 September 2021, the parties concluded an employment contract valid as from the date
of signature until May 2022.
2. Accordingly, the contract stipulated that the player was entitled to a total remuneration of EUR
594,000, payable as follows:
- 495.000,00-Euro (…) of the abovementioned total amount is to be paid to the Player by the Club
as the monthly salary in 9 (nine) equal installments (9 x 55.000,00-Euro) between the period
September 2021 – May 2022. The monthly salaries are to be paid the last day of the relevant
months.
- 99.000,00-Euro (…) of the abovementioned total amount is to be paid to the Player by the Club as
the advance payment in 2 (two) installments as shown below:
On 15.09.2021: 77.000,00-Euro
On 30.10.2021: 22.000,00-Euro
3. According to the player, in 13 April 2022, he sent a default notice requesting the payment of
EUR 349,000 within 15 days.
4. On 31 May 2022, lodged a claim before FIFA for outstanding remuneration and requested the
payment of the total net amount of EUR 409,000, detailed as follows:
• EUR 24.000 remaining from the salary of October 2021 salary,
• EUR 55.000 corresponding to the November 2021 salary,
• EUR 55.000 corresponding to the December 2021 salary,
• EUR 55.000 corresponding to the January 2022 salary,
• EUR 55.000 corresponding to the February 2022 salary,
• EUR 55.000 corresponding to the March 2022 salary,
• EUR 55.000 corresponding to the April 2022 salary,
• EUR 55.000 corresponding to the May 2022 salary,
5. The claimant further requested the payment of 5% interest p.a. as from the due dates and
considered that the respondent shall pay “the costs of the present arbitration”.
6. In its reply, the club explained that it was affected by the COVID-19 pandemic and because of
the “major broadcast crisis between the Turkish Football Federation (hereby referred as “TFF”)
and the contracted broadcaster BEIN Media Group (hereby referred as “BEIN”) that affected
all teams”
7. The club argued that it paid the player partially, and provided the following translated receipts:
10/09/2021: EUR 55,000 (Halkbank)
05/09/2021: EUR 40,000 (Halkbank)
09/12/2021: EUR 40,000 (Halkbank)
22/04/2022: EUR 50,000 (Halkbank)
(note: the total is EUR 185,000)
REF FPSD-6229
8. In his replica, the Claimant explained that the calculation of the overdue payables in his initial
petition was already made by taking into consideration of the partial payments made by the
Respondent.
9. The Claimant acknowledged that during the execution of the contract, he received the total
amount of EUR 185,000, but underlined that, according to the contract, he was entitled to EUR
594,000.
10. As a result, the player insisted to be paid the amount of EUR 409,000 (i.e. EUR 594,000185,000).
REF FPSD-6229
II Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as the Chamber) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that the present
matter was presented to FIFA on 31 May 2022 and submitted for decision on 21 July 2022. Taking into
account the wording of art. 34 of the June 2022 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.
2. Subsequently, the Chamber referred to art. 2 par. 1 and art. 24 par. 1 lit. a) 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 2022 edition), it is competent to deal with the
matter at stake, which concerns an employment-related dispute with an international dimension
between a Russian player and a Turkish club.
3. Subsequently, the Chamber analysed which regulations should be applicable as to the substance of
the matter. In this respect, it confirmed that, in accordance with art. 26 par. 1 and 2 of the Regulations
on the Status and Transfer of Players (June 2022 edition), and considering that the present claim was
lodged on 31 May 2022, the March 2022 edition of said regulations (hereinafter: the Regulations) is
applicable to the matter at hand as to the substance.
b. Burden of proof
4. The Chamber 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 Chamber stressed the wording of art. 13 par. 4 of the
Procedural Rules, pursuant to which it 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
5. Its competence and the applicable regulations having been established, the Chamber entered into
the merits of the dispute. In this respect, the Chamber started by acknowledging all the abovementioned facts as well as the arguments and the documentation on file. However, the Chamber
emphasised that in the following considerations it 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
6. The Chamber first noted that, on 8 September 2021, the parties concluded an employment contract
valid as from the date of signature until May 2022, according to which the player was entitled to a
total remuneration of EUR 594,000 (cf. point I 2) above.
7. Subsequently, the Chamber observed that the Claimant lodged a claim before FIFA against the club,
by means of which he requested the payment of the total net amount of EUR 409,000, detailed as
follows:
REF FPSD-6229
• EUR 24.000 remaining from the salary of October 2021 salary,
• EUR 55.000 corresponding to the November 2021 salary,
• EUR 55.000 corresponding to the December 2021 salary,
• EUR 55.000 corresponding to the January 2022 salary,
• EUR 55.000 corresponding to the February 2022 salary,
• EUR 55.000 corresponding to the March 2022 salary,
• EUR 55.000 corresponding to the April 2022 salary,
• EUR 55.000 corresponding to the May 2022 salary,
8. On the other hand, the Chamber took note of the position of the Respondent, which fundamentally
consisted in an acknowledgement of its financial difficulties. The Chamber observed thar the
Respondent broadly and generically referred to the effects of COVID-19 pandemic as well as to issues
concerning its broadcasting rights.
9. However, and under any circumstance, the Chamber considered that references of the Respondent
to this potential situation of force majeure is clearly unsubstantiated and does not contain sufficient
evidence. Therefore, the Chamber established that the Respondent’s arguments cannot be followed.
10.In addition, the Chamber observed that, in its reply, the club argued that it paid the player partially,
and provided the following translated receipts:
10/09/2021: EUR 55,000 (Halkbank)
05/09/2021: EUR 40,000 (Halkbank)
09/12/2021: EUR 40,000 (Halkbank)
22/04/2022: EUR 50,000 (Halkbank)
Total: EUR 185,000
11.Hence, considering that the player was entitled to a total remuneration of EUR 594,000 and that he
was paid EUR 185,000 (as explained above), the Chamber established that the final outstanding
amount of EUR 409,000 remains due.
12.As a consequence, and in accordance with the general legal principle of pacta sunt servanda, the
Chamber decided that the Respondent is liable to pay to the Claimant the amounts claimed as
outstanding under the contract, in total EUR 409,000, as detailed above.
13.In addition, taking into consideration the Claimant’s request as well as the constant practice of the
Chamber in this regard, the latter decided to award the Claimant interest at the rate of 5% p.a. on the
outstanding amounts as from the due dates until the date of effective payment.
ii. Compliance with monetary decisions
14.Finally, taking into account the applicable Regulations, the Chamber 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.
15.In this regard, the Chamber 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
REF FPSD-6229
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.
16.Therefore, bearing in mind the above, the Chamber 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 creditor, 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 club in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
17.The club shall make full payment (including all applicable interest) to the bank account provided by
the player in the Bank Account Registration Form.
18.The Chamber 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
19.The Chamber 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 Chamber decided that no procedural costs were to be imposed on the parties.
20.Furthermore, the Chamber recalled the contents of art. 25 par. 8 of the Procedural Rules, and decided
that no procedural compensation shall be awarded in these proceedings.
21.Lastly, the Chamber concluded its deliberations by rejecting any other requests for relief made by any
of the parties.
REF FPSD-6229
III Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Magoimed Shapi Suleymanov, is partially accepted.
2.
The Respondent, Giresunspor, has to pay to the Claimant, the outstanding amount of
EUR 409,000 plus interest as follows:
- 5% interest p.a. over the amount of EUR 24,000 as from 1 November 2021 until the date of effective payment;
- 5% interest p.a. over the amount of EUR 55,000 as from 1 December 2021 until the date of effective payment;
- 5% interest p.a. over the amount of EUR 55,000 as from 1 January 2022 until the date of effective payment;
- 5% interest p.a. over the amount of EUR 55,000 as from 1 February 2022 until the date of effective payment;
- 5% interest p.a. over the amount of EUR 55,000 as from 1 March 2022 until the date of effective payment;
- 5% interest p.a. over the amount of EUR 55,000 as from 1 April 2022 until the date of effective payment;
- 5% interest p.a. over the amount of EUR 55,000 as from 1 May 2022 until the date of effective payment;
- 5% interest p.a. over the amount of EUR 55,000 as from 1 March 2022 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.
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
REF FPSD-6229
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).
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