F.I.F.A. – Camera di Risoluzione delle Controversie (2013-2014) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2013-2014) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 28 March 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Mario Gallavotti (Italy), member Jon Newman (USA), member on the claim presented by the player, Player W, from country P as Claimant against the club, Club C, from country G as Respondent regarding an employment-related dispute arisen between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2013-2014) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2013-2014) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 28 March 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Mario Gallavotti (Italy), member Jon Newman (USA), member on the claim presented by the player, Player W, from country P as Claimant against the club, Club C, from country G as Respondent regarding an employment-related dispute arisen between the parties I. Facts of the case 1. On 24 August 2009, Player W, form country P (hereinafter: the player or Claimant), and Club C, from country G (hereinafter: the club or Respondent), concluded an employment contract (hereinafter: the contract) valid as from the date of signature until 30 June 2011. 2. Art. 4 of the contract specified, inter alia, that the club would provide the player with a monthly salary of EUR 850 net payable by the end of each month and remuneration in the amount of EUR 226,200 divided in 11 instalments. 3. Art. 4.2 of the contract established that the player was entitled to bonuses “as stated in the Internal Regulations”. 4. On 27 July 2010, the parties signed an amendment to the contract (hereinafter: the amendment), by means of which “the parties change the terms and conditions” of the contract, in particular of points 4.2., 4.4. and 4.9. 5. According to the amendment the player would be entitled to EUR 15,000 as extraordinary bonus if the player participated in at least 50% of the official matches in season 2010/2011. 6. Also according to the amendment the player would be paid the amount of EUR 188,100 in 11 instalments payable as follows: - EUR 30,000 due on 30 August 2009; - EUR 19,500 due on 10 October 2009; - EUR 19,500 due on 30 December 2009; - EUR 19,500 due on 28 February 2010; - EUR 19,600 due on 30 April 2010; - EUR 13,000 due on 30 November 2010, - EUR 13,000 due on 30 December 2010, - EUR 13,000 due on 28 February 2011, - EUR 13,000 due on 30 March 2011, - EUR 13,000 due on 30 April 2011, - EUR 15,000 due on 30 May 2011. 7. Moreover, according to the amendment art. 4.9 asserted that the player would be entitled to EUR 20,000 in the event the team would be promoted within one month of approval of the classification. 8. On 30 March 2011, the parties signed a private agreement (hereinafter: the agreement), by mans which the club recognized that as of 31 December 2010 the club owed the player EUR 29,471. The parties agreed that the club would settle this amount in two instalments: EUR 15,000 to be paid on 5 May 2011 and EUR 14,471 on 15 June 2011. 9. On 11 August 2011, the player lodged a complaint against the club before FIFA, claiming after an amendment the total remuneration of EUR 127,571 plus 11.5% interest p.a. as from 4 July 2011 until the date of effective payment as follows: - “EUR 63,000” as outstanding salary as per the amendment (i.e. “7th instalment: EUR 13,000-EUR 4,000=EUR 9,000”; instalment 8 until 10 of EUR 13,000 each and instalment 11 of EUR 15,000); - EUR 14,471 a cheque dated 15 June 2011 being the second instalment of the agreement; - EUR 10,000 a cheque dated 15 June 2011 for the remaining outstanding amounts for season 2009/2010; - EUR 15,000 as extraordinary bonus; - EUR 20,000 as outstanding bonus for team promotion to premiere league; - EUR 5,100 as monthly salary per contract due from January 2011 until June 2011 (6 x EUR 850); - Legal and procedurals costs. 10. In this regard, the player held that while fulfilling the contract he received the remuneration with delays despite having agreed in the amendment to accept a lower remuneration according to the amendment of the contract. Also, the club allegedly stopped paying the monthly salaries as from January 2011. The significant delays led to the signing of the private agreement where the club recognized the outstanding debts but paid only the first instalment of EUR 15,000. Also, the club failed to pay the bonuses. 11. Consequently, the player alleged having negotiated with the club to provide him with “two cheques- for the amount of EUR 10,000 and EUR 14,471”, however, the cheques were returned by the bank. 12. Finally, the player provided FIFA with some correspondence of the club dated 15 March 2012 by means of which the club acknowledged a debt towards the player in the amount of EUR 122,571 and offered to pay such amount in several instalments between March 2012 and March 2013. 13. The club only provided its position to the player’s claim after the closure of investigation, admitting the existence of outstanding amounts towards the player and offering their payment in instalments. **** II. Considerations of the Dispute Resolution Chamber 1. First, the Dispute Resolution Chamber (hereinafter referred to as the DRC or the Chamber) analysed whether it was competent to deal with the matter at stake. In this respect, it took note that the present matter was submitted to FIFA on 11 August 2011. Consequently, the 2008 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules) are applicable to the matter at hand (cf. art. 21 of the 2008 and 2012 edition of the Procedural Rules). 2. Subsequently, the members of the Chamber referred to art. 3 par. 1 of the Procedural Rules and confirmed 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 (edition 2012) the Dispute Resolution Chamber shall adjudicate on employment-related disputes between a club and a player that have an international dimension. 3. As a consequence, the Dispute Resolution Chamber would be competent to decide on the present litigation involving a country P player and a country G club regarding an alleged breach of the employment contract concluded between the aforementioned parties. 4. In continuation, the Chamber analysed which edition of the 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 par. 2 of the Regulations on the Status and Transfer of Players and considering that the present claim was lodged on 11 August 2011, the 2010 edition of said Regulations is applicable to the present matter as to the substance. 5. The competence of the Dispute Resolution Chamber and the applicable regulations having been established, the Chamber entered into the substance of the matter. In doing so, it started by acknowledging the abovementioned facts of the matter as well as the documentation contained in the 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. 14. In this respect, the members of the Chamber acknowledged that the parties had signed an employment contract on 24 August 2009 valid as from the date of signature until 30 June 2011, an amendment to the contract on 27 July 2010, by means of which “the parties change the terms and conditions” of the contract, in particular of points 4.2., 4.4. and 4.9. as well as a private agreement on 30 March 2011 by means which the Respondent recognized to owe the Claimant EUR 29,471 as of 31 December 2010. 15. In continuation, the Chamber noted that the Claimant, inter alia, alleged that the Respondent had failed to fulfil its contractual obligations, although the Claimant had rendered his services. In particular, the Claimant claims outstanding remuneration and bonuses in the amount of EUR 127,571 plus 11.5% interest p.a. as from 4 July 2011 and legal and procedurals costs. 16. Subsequently, the Chamber observed that the Respondent, for its part, in spite of having been invited to do so, failed to present its response to the claim of the Claimant within the relevant time-limit. In fact, the reply of the Respondent was only received after the investigation-phase of the matter had already been concluded. As a result, the Chamber decided not to take into account the reply of the Respondent and established that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a decision upon the basis of those documents on file that were provided prior to the closure of the investigation-phase, in casu, upon the statements and documents presented by the Claimant. 17. Moreover, the Chamber took due note that the Claimant provided some correspondence dated 15 March 2012 he had received from the Respondent in which the latter states to owe him the total amount of EUR 122,571 and offered to pay the said amount in instalments. 18. In continuation, the DRC recalled the basic principle of burden of proof, as stipulated in art. 12 par. 3 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. 19. In view of all of the above as well as in particular in view of the fact that the Claimant could not provide any documentary evidence as to his entitlement to the claimed bonuses, the Chamber unanimously concluded that the Claimant is entitled to the amount of EUR 122,571 as acknowledged by the Respondent. 20. In addition, taking into account the Claimant’s request for interest of 11.5%, the Chamber underlined that due to the lack of any contractual or regulatory basis such request cannot be granted. Instead the Chamber decided that the Respondent must pay to the Claimant interest of 5% p.a. as of 4 July 2011 until the date of effective payment. 21. Finally, the Dispute Resolution Chamber decided to reject the Claimant’s claim pertaining to legal and procedural costs in accordance with art. 18 par. 4 of the Procedural Rules and the Chamber’s respective longstanding jurisprudence in this regard. 22. The Dispute Resolution Chamber concluded its deliberations in the present matter by establishing that any further claim lodged by the Claimant is rejected. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player W, is partially accepted. 2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, outstanding remuneration in the amount of EUR 122,571 plus 5% interest p.a. as from 4 July 2011 until the date of effective payment. 3. In the event that the amount due to the Claimant is not paid by the Respondent within the stated time limits, the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee for consideration and a formal decision. 4. Any further claim lodged by the Claimant is rejected. 5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance is to be made and to notify the Dispute Resolution Chamber of every payment received. ***** Note relating to the motivated decision (legal remedy): According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to the CAS directly within 21 days of receipt of notification of this decision and shall contain all the elements in accordance with point 2 of the directives issued by the CAS, a copy of which we enclose hereto. Within another 10 days following the expiry of the time limit for filing the statement of appeal, the appellant shall file a brief stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the directives). The full address and contact numbers of the CAS are the following: Court of Arbitration for Sport Avenue de Beaumont 2 1012 Lausanne Switzerland Tel: +41 21 613 50 00 / Fax: +41 21 613 50 01 e-mail: info@tas-cas.org www.tas-cas.org For the Dispute Resolution Chamber: Jérôme Valcke Secretary General Encl. CAS directives