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 27 May 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Philippe Piat (France), member Joaquim Evangelista (Portugal), member Mario Gallavotti (Italy), member Mohamed Mecherara (Algeria), member on the claim presented by the player, Player G, from country B as Claimant against the club, Club S, from country I 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 27 May 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Philippe Piat (France), member Joaquim Evangelista (Portugal), member Mario Gallavotti (Italy), member Mohamed Mecherara (Algeria), member on the claim presented by the player, Player G, from country B as Claimant against the club, Club S, from country I as Respondent regarding an employment-related dispute arisen between the parties I. Facts of the case 1. On 1 December 2010, Club S, from country I (hereinafter: the Respondent), and Player G, from country B (hereinafter: the Claimant), concluded an employment contract (hereinafter: the contract) valid “for the second half 2010/2011 season”. 2. According to clause 5 of the contract, the Claimant was entitled to receive the following amounts: a. USD 30,000 payable upon signature of the contract; b. USD 30,000 as remuneration payable in six monthly instalments of USD 5,000 each; c. USD 20,000 “after 3 week of sign contract this means half season”; d. USD 20,000 “when contract will be finish”; e. USD 20,000 as bonus if the Respondent remains in the country I Super League. 3. Equally, clause 5.3 of the contract stipulated that “the taxes that may apply to the payments above shall be paid 10% by the [Claimant] within country I federation rules”. 4. On 25 October 2011, the Claimant lodged a claim against the Respondent in front of FIFA, requesting the payment of outstanding monies in the total amount of USD 27,596, plus interest “since each due date”, as set out below: a. USD 1,600 as outstanding partial payment due in December 2010; b. USD 949 as outstanding partial payment due in January 2011; c. USD 1,805 as outstanding partial payment due in February 2011; d. USD 380 as outstanding partial payment due in March 2011; e. USD 460 as outstanding partial payment due in April 2011; f. USD 575 as outstanding partial payment due in May 2011; g. USD 575 as outstanding partial payment due in June 2011; h. USD 21,252 as outstanding partial payment due in June 2011; i. Procedural costs and legal fees; j. Sporting sanctions. 5. In his claim, the Claimant states that the Respondent only made partial payments of the monies stipulated in the contract. 6. For this reason, the Claimant is now claiming partial amounts of each salary payment as well as the bonus amounting to USD 20,000, since the Respondent allegedly remained in the country I Super League. 7. Despite having been invited by FIFA to do so, the Respondent never replied to the claim of the Claimant. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter: the DRC or the Chamber) analysed whether it was competent to deal with the matter at stake. In this respect, the Chamber referred to art. 21 par. 1 of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules). The present matter was submitted to FIFA on 25 October 2011. Therefore, the Chamber concluded that the edition 2008 of the Procedural Rules was applicable to the matter at hand (cf. art. 21 par. 2 and 3 of the Procedural Rules). 2. Subsequently, the DRC referred to art. 3 par. 1 of the Procedural Rules and confirmed that, in accordance with art. 24 par. 1 and par. 2 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2010), it is competent to decide on the present litigation, which concerns an employment-related dispute with an international dimension, between a country B player and an country I club. 3. Furthermore, 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 par. 2 of the Regulations (editions 2010 and 2012), and considering that the present claim was lodged on 25 October 2011, the 2010 edition of said regulations is applicable to the matter at hand as to the substance. 4. The competence of the DRC and the applicable regulations having been established, the Chamber 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. 5. However, before starting to acknowledge and to analyse the Claimant’s claim, the DRC wished to point out that the Respondent, in spite of having been given the opportunity to reply to the claim submitted by the Claimant, failed to present its response in this respect and, by doing so, it renounced to its right of defence. 6. As a consequence of the preceding consideration, the Chamber established that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a decision upon the basis of the documents on file. 7. Having said that, the DRC acknowledged that it was undisputed by the parties that, on 1 December 2010, they had signed an employment contract valid “for the second half 2010/2011 season”, in accordance with which the Claimant was entitled to receive the following amounts: a) USD 30,000 upon signature of the contract, b) USD 30,000 as remuneration payable in six monthly instalments of USD 5,000 each, c) USD 20,000 “after 3 weeks of sign the contract this means half season”, d) USD 20,000 “when contract will be finish” and d) USD 20,000 as bonus if the Respondent remains in the country I Super League. 8. In continuation, the Chamber noted that the Claimant alleged that the Respondent had only made partial payments of the monies stipulated in the contract and also failed to pay the bonus of USD 20,000 (cf. point I.2.e.). As a consequence, the DRC took due note that the Claimant asked to be awarded the total outstanding amount of USD 27,596, plus interest “since each due date”. In addition, the Claimant requested the Respondent to bear the procedural costs and legal fees and the imposition of sporting sanctions on the Respondent. 9. In this regard, the Chamber recalled the general legal principle of the burden of proof (cf. art. 12 par. 3 of the Procedural Rules) and observed that the Claimant had not presented any documentary evidence regarding his entitlement to the bonus in question, i.e. the Claimant had not provided any documentation that the club had indeed remained in the country I Super League. 10. In view of the foregoing, the DRC decided that the Claimant’s request for the bonus in the amount of USD 20,000 (cf. point I.2.e) should be rejected. 11. Furthermore, the DRC decided that, in accordance with the general legal principle of pacta sunt servanda, the Respondent is liable to pay to the Claimant outstanding remuneration in the total amount of EUR 7,596 as well as 5% interest p.a. on the amount as from 25 October 2011 until the date of effective payment 12. Moreover, the DRC considered the Claimant´s request for the imposition of sporting sanctions on the Respondent and pointed out that sporting sanctions will only be imposed in cases regarding the early termination of a contract, i.e. in cases involving art. 17 of the Regulations. Therefore, the Chamber judge rejected the Claimant’s request for sporting sanctions. 13. Equally, the Chamber held that the Claimant’s claim pertaining to procedural costs and legal fees is rejected, in accordance with art. 18 par. 4 of the Procedural Rules and the Chamber’s respective longstanding jurisprudence. 14. Finally, the DRC 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 G, is partially accepted. 2. The Respondent, Club S, is ordered to pay to the Claimant outstanding remuneration in the amount of USD 7,596 plus 5% interest p.a. as from 25 October 2011 until the date of effective payment, within 30 days as from the date of notification of this decision. 3. In the event that the aforementioned amount plus interest is not paid by the Respondent within the stated time limit, the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee for consideration and a formal decision. 4. Any further claims lodged by the Claimant are rejected. 5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittances are to be made and to notify the Dispute Resolution Chamber of every payment received. ***** Note relating to the motivated decision (legal remedy): According to article 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 Markus Kattner Deputy Secretary General Encl. CAS directives