Labour Disputes
Texto da decisão
REF. FPSD-15283
Decision of the
Dispute Resolution Chamber
passed on 8 October 2024
regarding an employment-related dispute concerning the player Frédéric
Veseli
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Peter LUKASEK (Slovakia), Member
Oleg ZADUBROVSKIY (Russia), Member
CLAIMANT:
Frédéric Veseli, Albania & Switzerland
Represented by Riccardo Giacomin
RESPONDENT:
Fatih Karagümrük A.S., Türkiye
Represented by Sami Dinc
pg. 2
REF. FPSD-15283
I. Facts of the case
1.
On 28 December 2023, the Italian player (hereinafter, the “Claimant” or “Player”) and the
Turkish club Fatih Karagümrük A.S. (hereinafter, the “Respondent” or “Club”) concluded an
employment contract (hereinafter, the “Contract”), valid as from 1 January 2024 until 30
June 2024.
2.
Pursuant to the Contract, the Respondent undertook to pay the Claimant, inter alia, the
following remuneration:
“For 2023/2024 Football Season: 276.000,00-Euro (Two Hundred Seventy Six Thousand Euros)
170.000,00-Euro (One Hundred Seventy Thousand Euros) of the above-mentioned total amount
is to be paid to the Player by the Club as the monthly salary in 10 (ten) equal instalments (10 x
17.000,00-Euro net) between the period August 2023–May 2024. The monthly salaries are to be
paid on the last day of the relevant months.
- 106.000,00-Euro (One Hundred Six Thousand Euros) of the abovementioned total amount is to
be paid to the Player by the Club on 30.06.2024. This payment has been made in consideration
of the whole service period of the Player during the 2023/2024 football season and it shall be a
progressed amount at the end of the football season. [ . . . ]
6.2-Bonus : The below-mentioned bonus shall be paid to the Player in case the below-mentioned
success occurs. The below mentioned bonuses shall be valid for each season which this Contract
is in force. In case the Contract will be terminated by any reason of under any name whatsoever,
the Player shall only be entitled to bonuses for the below mentioned achievements that already
occurred before the termination date. This bonus shall be paid in 60 (sixty) days following the
end of the relevant football season in case of occurring :
In case the Club will conclude the TFF Super League table in top 5 at the end of the relevant
football season, the Player shall be entitled to 25.000,00-Euro, which will be calculated based
on the TFF Super League matches of the Club in which the Player plays (25.000,00-Euro / the
total TFF Super League matches, which the Club plays during the relevant football season) within
the following principles. In case the said success occurs and in case the Player starts the relevant
TFF Super League match, in first 11, the Player shall be entitled to %100 of the bonus (which
calculated based on the total TFF Super League matches, in which the Club will play during the
relevant football season) for this match pursuant to this bonus clause; In case the Player’s
attendance in the squad and field in the course of the game, the Player shall be entitled 50% of
the bonus (which calculated based on the total TFF Super League matches, in which the Club will
play during the relevant football season) for this match pursuant to this bonus clause; In case
the Player’s attendance in the squad but without playing in the game, the Player shall be entitled
to 25% of the bonus (which calculated based on the total TFF Super League matches, in which
the Club will play during the relevant football season) for this match pursuant to this bonus
clause. In case the Player doesn’t serve in the squad, the Player shall not be entitled for the bonus
pg. 3
REF. FPSD-15283
for this match. Play-off, UEFA, friendly, cup and any other matches of the Club under any name
whatsoever except the total official TFF Super League matches of the Club shall not be taken into
consideration for the calculation of this bonus.
[...]
6.4- Living costs
2023/2024 football season: The Club shall pay to the Player in the amount of 10.000,00-Euro
(Seventeen Thousand Euros) in total as living cost in 10 (ten) equal installments (10 x 1.000,00Euro) between the period August 2023–May 2024. The living cost installments are to be paid on
the last day of the relevant months.”
3.
On 3 July 2024 the Claimant sent a default notice to the Respondent stating that the
Respondent had only paid the Claimant a total of EUR 126,000 and citing the following
overdue remuneration for a total of EUR 160,000:
-
4.
EUR 17,000 for March 2024 salary
EUR 17,000 for April 2024 salary
EUR 17,000 for May 2024 salary
EUR 1,000 for March 2024 living cost payment
EUR 1,000 for April 2024 living cost payment
EUR 1,000 for May 2024 living cost payment
EUR 106,000 “consideration for whole service period”, due 30 June 2024
In the default notice, the Claimant provided the Respondent 10 days to fulfil its financial
obligation.
II. Proceedings before FIFA
5.
On 18 July 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is detailed below.
a. Position of the Claimant
6.
The Claimant asserted that the Club failed to remit the overdue payables following the
default notice.
7.
The Claimant requests the following relief:
“1. order the Respondent to pay the Claimant the outstanding amount of Euro 106,000.00 (one
hundred sixty thousand/00), due under the Employment Contract, as well as the default interests
at the rate of 5% thereon p.a. from the due date of the relevant instalments until the date of
effective payment;
pg. 4
REF. FPSD-15283
2. order to the Respondent that, pursuant to Article 24, para. 2, 4, 5 and 7, FIFA RSTP, should the
Respondent fail to comply with a monetary decision of the FIFA DRC within 45 (forty-five) days
from notification of the decision, upon the Claimant’s request, the Respondent shall be banned
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 up to three entire and
consecutive registration periods;
3. order the Respondent to reimburse all the legal costs and fees sustained by the Claimant
equal to no less than Euro 5,000.00;
4. declare that any and all costs of the current proceeding shall be borne entirely by the
Respondent.”
b. Position of the Respondent
8.
In its reply, the Respondent claimed that the Claimant was entitled to a total of EUR 276,000
for the 2023/2024 sporting season.
9.
The Respondent argued that it made a total payment of EUR 136,898 over the course of
such sporting season, and therefore, the remaining amount due to the Claimant was EUR
139,102 rather than the EUR 160,000 claimed by the Claimant.
10. In support, the Respondent provided the following payment schedule, supported by
evidence of bank transfers remitted to the Claimant reflecting the same amounts and
dates:
824,00-Euro
18.000,00-Euro
18.000,00-Euro
528,00-Euro
18.000,00-Euro
566,00-Euro
18.000,00-Euro
915,00-Euro
1.157,00-Euro
18.000,00-Euro
1.429,00-Euro
18.000,00-Euro
18.000,00-Euro
5,479,00-Euro
25.08.2023
04.09.2023
02.10.2023
26.10.2023
07.11.2023
23.11.2023
06.12.2023
06.12.2023
12.01.2024
30.01.2024
14.02.2024
21.02.2024
18.04.2024
03.05.2024
pg. 5
REF. FPSD-15283
11. The Respondent therefore rejected the Claimant’s position with respect to the amounts of
the overdue payables.
c. Additional Comments of the Claimant
12. The Claimant confirmed that he received the amounts cited by the Respondent but argued
that (1) in assessing the EUR 276,000 total obligation, the Respondent had failed to take
into account the living cost payments and the EUR 106,000 “consideration for whole payment
services” and therefore the total payment obligation by the Respondent for 2023/2024
should be EUR 286,000; and (2) the EUR 10,898 payments remitted by the Respondent were
made “as bonuses discretionally, voluntarily and spontaneously awarded by the Club” for
matches that occurred during those times.
13. Further with regard to the EUR 10,898 payments, the Claimant presented match logs and
pay records of himself and two of his teammates (hereinafter, “Teammate 1” and “Teammate
2”), noting that some payments differed between the players on account of their use in the
relevant match.
a. Regarding the EUR 1,429 remitted to the Claimant on 14 February 2024, the Claimant
argued that the two teammates were also paid on 14 February, Teammate 1 for EUR 2,799
and Teammate 2 for EUR 2,766. The Claimant notes that on the match of 10 February 2024,
-
The Claimant was available on the bench
Teammate 1 played 68 minutes as a starter
Teammate 2 played 90 minutes as a starter
b. Regarding EUR 5,479 remitted to the Claimant on 3 May 2024, the Claimant argued that
Teammate 2 was also paid on this date, in the amount of EUR 5,297. The Claimant notes
that on the match of 29 April 2024
-
The Claimant played 88 minutes as a starter
Teammate 2 played 90 minutes as a starter
pg. 6
REF. FPSD-15283
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or DRC) 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 18 July 2024 and submitted for decision on
08 October 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.
15. Furthermore, the Chamber 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 an Albanian & Swiss
player and a Turkish club.
16. 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 2024 edition), and
considering that the present claim was lodged on 18 July 2024, the June 2024 edition of
said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
17. 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
18. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned 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
assessing the matter at hand.
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REF. FPSD-15283
i. Main legal discussion and considerations
19. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties do not dispute that a valid employment agreement existed between the parties,
of which a portion of the remuneration remained outstanding.
20. In this context, the Chamber acknowledged that its task was to determine which
remuneration was still owed under the Contract.
21. In particular, the Chamber noted that the Claimant claimed EUR 160,000 whereas the Club
only confirmed owing EUR 139,102. Therefore, the only dispute between the parties
concerns the balance of EUR 20,898.
22. As a preliminary matter, the Chamber recalled that the Contract indeed entitled the Player,
as the Claimant alleged, to a total remuneration of EUR 286,000, rather than a total of EUR
276,000 as claimed by the Respondent. Further, the Chamber noted that the Respondent
did not provide any explanation as to why there would only be a total of EUR 276,000 owed
when the Contract specified otherwise.
23. For the remaining discrepancy of EUR 10,898 in dispute, the Chamber remarked that the
parties did not disagree that such EUR 10,898 were remitted over the course of the
2023/2024 sporting season; however, the Claimant argued such amount was not paid for
salaries but rather as a spontaneous gift by the Club for league matches based on the
player’s involvement in the match, and therefore should not be credited against the Club’s
obligations to make the salary payments.
24. The Chamber then highlighted that the Claimant acknowledged receipt of the payment of
EUR 10,898, and in the absence of contractual language that would match the foregoing
payment, the burden shifted to him to prove that the payment did not fulfill the salary
obligation under the Contract.
25. The Chamber recalled that the Claimant indeed showed that two similar payments were
made to other players on the same date, and acknowledged that the payment was made
on 14 February 2024, only four days following the date of the match of 10 February 2024,
which indicated possible nexus between the triggering event and the payment. However,
the Chamber determined that this evidence, along with the snapshot of the players’ match
records (which did not indicate one way or another the individual players’ achievement in
said match) did not in and of itself seem sufficient to contradict the fact that the Club
fulfilled a payment obligation under the Contract.
26. Moreover, the Chamber held that some of the amounts did not entirely align with the
Claimant’s assertion of the payments being correlated to match involvement (for example,
Teammate 1’s receiving more than Teammate 2 despite fewer minutes played on 10
February 2024; the 3 May 2024 payment being EUR 5,479 when the player was on the bench
pg. 8
REF. FPSD-15283
in one April match and subbed on in a second April match while the 12 January 2024
payment was EUR 1,157 following a 10 January start and a 12 January start).
27. The foregoing notwithstanding, the Chamber proceeded to examine the remaining
evidence and arguments presented:
28. The Chamber observed that the payment records submitted by the Respondent did not
specify whether the payment was made for salaries but state only “PAYMENT PURSUANT
TO THE RECEIVABLES.”
29. In continuation, reviewing the payment schedule of the Respondent, the Chamber
determined that there was a readily discernible match for seven of the payments: the EUR
18,000 match the sum of Contract’s obligations of monthly salary (EUR 17,000) and the
monthly living cost payment (EUR 1,000), whereas there is no recognizable pattern to the
remaining payments. The Chamber determined that those salaries represented the
monthly EUR 17,000 salary and monthly EUR 1,000 living cost, with the remaining payments
appearing as outliers, not following an identifiable pattern, and not corresponding to any
payments under the Contract.
30. The Chamber found that (i) the seven other payment records of EUR 10,898 total remitted
did not specify that they were for salary payments, and (ii) the payments did not fit within
the salary scheme set forth in the Contract.
31. Therefore, considering all the elements and documents on file, the Chamber determined
the Claimant was able to sufficiently establish that the Respondent’s evidence for
additional payments of EUR 10,898 covered payments other than its salary obligations
under the Contract and concluded that such payments would not be credited against the
Respondent’s debt for overdue payables.
ii. Consequences
32. Having stated the above, the Chamber concluded that the outstanding remuneration after
the end of the Contract, coupled with the specific requests for relief of the Claimant, are
equivalent to a total of EUR 160,000:
-
EUR 17,000 for March 2024 salary
EUR 17,000 for April 2024 salary
EUR 17,000 for May 2024 salary
EUR 1,000 for March 2024 living cost payment
EUR 1,000 for April 2024 living cost payment
EUR 1,000 for May 2024 living cost payment
EUR 106,000 “consideration for whole service period”, due by 30 June 2024
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REF. FPSD-15283
33. 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
aforementioned amounts.
34. 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 day following each respective due date
until the date of effective payment.
iii.
Art. 12bis of the Regulations
35. Having established the above, the Chamber 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.
36. To this end, the Chamber confirmed that the player put the club in default of payment of
the amounts sought, of which EUR 54,000 had fallen due more than 30 days before, and
granted the club a 10-day deadline to cure such breach of contract.
37. Accordingly, the Chamber confirmed that the club had delayed a due payment without a
prima facia contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
38. The Chamber further established that by virtue of art. 12bis par. 4 of the Regulations it has
competence to impose sanctions on the club. On account of the above and bearing in mind
that the Club was a repeat offender, the Chamber decided to impose a fine on the club in
accordance with art. 12bis par. 4 lit. c) of the Regulations.
39. Furthermore, the Chamber regarded a fine amounting to USD 18,750 as appropriate and
hence decided to impose said fine on the Club.
40. In this connection, the Chamber highlighted that a repeated offence will be considered as
an aggravating circumstance and lead to a more severe penalty in accordance with art. 12bis
par. 6 of the Regulations.
iv. Compliance with monetary decisions
41. 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.
pg. 10
REF. FPSD-15283
42. In this regard, the DRC 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.
43. Therefore, bearing in mind the above, the DRC 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.
44. 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.
45. The DRC 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
46. 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.
47. Likewise, and for the sake of completeness, 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.
48. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 11
REF. FPSD-15283
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Frederic Veseli, is partially accepted.
2.
The Respondent, Fatih Karagümrük A.S., must pay to the Claimant the following amount(s):
- EUR 18,000 as outstanding remuneration plus 5% interest p.a. as from 1 April 2024 until
the date of effective payment;
- EUR 18,000 as outstanding remuneration plus 5% interest p.a. as from 1 May 2024 until
the date of effective payment;
- EUR 18,000 as outstanding remuneration plus 5% interest p.a. as from 1 June 2024 until
the date of effective payment;
- EUR 106,000 as outstanding remuneration plus 5% interest p.a. as from 1 July 2024 until
the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A fine in the amount of USD 18,750 is imposed on the Respondent, which must be paid
to FIFA within 30 days of notification of this decision. Such fine must be paid to the
following bank account with a clear reference to the case FPSD-15283:
UBS Zurich
Account number 230-366677.61N (FIFA Players’ Status)
Clearing number 230
IBAN: CH12 0023 0230 3666 7761 N
SWIFT: UBSWCHZH80A
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
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. 12
REF. FPSD-15283
7.
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 13
REF. FPSD-15283
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. 14