Labour Disputes
Texto da decisão
REF. FPSD-15352
Decision of the
Dispute Resolution Chamber
passed on 13 September 2024
regarding an employment-related dispute concerning the
player Rafal Aureliusz Zaborowski
BY:
Iñigo RIESTRA (Mexico)
CLAIMANT:
Rafal Aureliusz Zaborowski, Poland
Represented by Dupovac Feđa
RESPONDENT:
Aizawl FC, India
pg. 2
REF. FPSD-15352
I. Facts of the case
1.
In September 2023, the Polish player Rafal Aureliusz Zaborowski (hereinafter, the Claimant or the
Player) and the Indian club Aizawl FC (hereinafter, the Respondent or the Club) concluded an
employment contract (hereinafter, the Contract) valid as from the date of its signature “till the end of
the Season 2023-2024”.
2.
According to the information provided in the Transfer Matching System, both the season dates and
the competition period in India for the season 2023/2024 run from 1 June 2023 until 31 May 2025.
3.
Pursuant to Clause 3.1 of the Contract, the Club undertook to pay to the Player (hereinafter, jointly
referred to as the Parties) a monthly remuneration of INR 207,000 “from 1st September 2023 till the
end of I League 2023-2024”.
4.
Clause 3.1 of the Contract also provided the following:
“Salary will be calculated from the date of actual joining of the Clubs’ training or reporting to the club’s
office in person”.
5.
According to Clause 3.3 of the Contract:
“The Club shall not be obliged to pay monthly salary had the league or tournament cut short due to
unforeseen circumstances (shorter than the salary payable period)”.
6.
In accordance with Clause 3.4 of the Contract, the Player was also entitled to the following fringe
benefits:
“The Club shall pay plane tickets from home to Aizawl and Aizawl to home during the contractual period.
Club will provide accommodation and food during the I-League season”.
7.
The Player joined the Club on 8 January 2024, and the last match of the Club took place on 5
April 2024.
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REF. FPSD-15352
II. Proceedings before FIFA
8.
On 25 July 2024, the Claimant filed the claim at hand before FIFA. A brief summary of the position of
the parties is detailed in continuation.
a. Position of the Player
9.
The Player argued that, in breach of its contractual obligations, the Club failed to pay his monthly
remuneration and to provide him with accommodation. In this respect, the Player alleged that he
was forced to reside in a hotel and to bear its costs. According to the Player, he joined the Club in
January 2024, and the 2023/2024 season in India ended in May 2024.
10. The Player claimed being entitled to INR 1,035,500 as outstanding salaries for the months of January
2024 to May 2024 (INR 207,000 each) and to INR 16,500 as reimbursement for the hotel expenses.
11. The Player requested the following relief:
“As a consequence of all the above, the Player is requesting the FIFA DRC to determine that he terminated
the employment relationship with the Club with just cause on 23 October 2023 and to order the Club to
pay the Player the following amounts:
• Overdue payables, plus 5% interest p.a. as from the relevant payment dates until the date of
effective payment, specified as follows:
• 1,035,000,00 RSD (including outstanding salaries for the months of January, February, March, April,
May).
• 16.500,00 INR for hotel accommodation with 5% interest as from the relevant due dates”.
b. Position of the Club
12. In its reply, the Club initially sustained having paid to the Player his monthly remuneration for
January and February 2024, and denied the Player’s entitlement to the other monthly instalments
based on 3.3 of the Contract, as allegedly the league was cut short due to the refusal of two clubs to
play the last two final matches against it. In this respect, the Club further argued that, as a result,
the last match of the Club was played on 5 April 2024.
13. The Club acknowledged the Player’s entitlement to the reimbursement claimed.
c.
Player’s comments on the alleged payments
14. Upon invitation from the FIFA general secretariat, the Player confirmed having received the monthly
remuneration for January and February 2024
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REF. FPSD-15352
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. 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 25 July 2024 and submitted for decision on 13
September 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.
16. 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), he is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international dimension between a Polish
player and an Indian club.
17. 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 25 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
18. 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
19. 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 abovementioned 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.
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REF. FPSD-15352
i. Main legal discussion and considerations
20. The Single Judge then moved to the substance of the matter, and took note of the fact that the
present case concerns outstanding remuneration and reimbursement arising from the Contract
concluded between the Parties.
21. In this respect, the Single Judge noted that the Player claimed being entitled to INR 621,000
corresponding to his remuneration for the months of March, April and May 2025 (i.e., INR 207,000
each) after acknowledging receipt of the January and February 2024 monthly instalments, as well as
to reimbursement in the amount of INR 16,500, related to his accommodation expenses.
22. The Single Judge also noted that, on its part, the Club acknowledged the Player’s entitlement to the
reimbursement, although it denied the Player’s entitlement to the outstanding remuneration
claimed, arguing that the 2023/2024 league in India was cut short after two clubs refused to play the
last matches of the season against the Club. The Single Judge also took note of the fact that the Club
confirmed that the league ended on 5 April 2024.
23. In this context, the Single Judge acknowledged that his task was to determine, based on the evidence
presented by the Parties, whether the Player was entitled to any salaries for the months of March,
April and May 2024.
24. In doing so, the Single Judge observed that, pursuant to Clause 3.1 of the Contract, the Club
undertook to pay the Player a monthly remuneration of INR 207,000 “till the end of I League 20232024”. Furthermore, the Single Judge also noted that, according to Clause 3.3 of the Contract, “The
Club shall not be obliged to pay monthly salary had the league or tournament cut short due to unforeseen
circumstances (shorter than the salary payable period)”.
25. Based on the foregoing provisions, the Single Judge concluded that the Parties clearly limited the
payment of the salary until the end of the league 2023-2024. Furthermore, that the Player would not
be entitled to receive any salary should the league be cut short.
26. With the foregoing in mind, the Single Judge turned his attention to the allegations and evidence
submitted by the Parties, and observed that the last match of the Club took place in April 2024. The
Single Judge also noted that the foregoing was not disputed by the Club, which although argued that
the league was cut short, confirmed that the last match was played in the abovementioned month.
27. On account of the foregoing, the Single Judge determined that the evidence on file confirms that the
league in the 2023/2024 season ended in April 2024 and, consequently, the Player shall be paid his
remuneration during the months where he rendered his services to the Club, i.e., until April 2024.
28. The foregoing having been established, the Single Judge also noted the Player claimed being entitled
to the May 2024 salary. In this regard, the Single Judge referred to art. 13 par. 5 of the Procedural
Rules, and determined that the Player did not meet his burden of proving that the season indeed
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REF. FPSD-15352
ended in May 2024, as the evidence submitted only confirms that the last match of the season took
place in April 2024.
29. Without prejudice to the foregoing, and considering that Clause 3.1 of the Contract established the
Player’s entitlement to remuneration “till the end of I League 2023-2024” (as opposed to the end of
the season, which in any event was not proved) the Single Judge concluded that the Player’s claim
with regard to the May 2024 salary shall be rejected.
30. Based on all the foregoing considerations, 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 his
monthly remuneration for the months of March and April 2024, as well as the reimbursement
claimed and acknowledged by the Club.
31. In addition, taking into account the Claimant’s request as well as the constant practice of the Football
Tribunal in this regard, the Single Judge decided to award the Player interest at the rate of 5% per
annum as from 1 April and 1 May 2024, respectively, on the outstanding remuneration, and as from
1 and 11 May 2024 on the reimbursement, until the date of effective payment
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 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 Club in accordance with art. 24 par.
2, 4, and 7 of the Regulations.
35. 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.
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.
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REF. FPSD-15352
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. 8
REF. FPSD-15352
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Rafal Aureliusz Zaborowski, is partially accepted.
2.
The Respondent, Aizawl FC, must pay to the Claimant the following amount(s):
INR 414,000 as outstanding remuneration plus 5% interest per annum as follows:
- 5% interest p.a. over the amount of INR 207,000 as from 1 April 2024 until the date of effective
payment; and
- 5% interest p.a. over the amount of INR 207,000 as from 1 May 2024 until the date of effective
payment.
INR 16,500 as reimbursement plus 5% interest per annum as follows:
- 5% interest p.a. over the amount of INR 9,600 as from 1 May 2024 until the date of effective
payment; and
- 5% interest p.a. over the amount of INR 6,900 as from 11 May 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.
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-15352
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
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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
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