F.I.F.A. – Camera di Risoluzione delle Controversie (2014-2015) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2014-2015) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 27 November 2014, in the following composition: Geoff Thompson (England), Chairman Mario Gallavotti (Italy), member Johan van Gaalen (South Africa), member on the claim presented by the player, Player A, country B as Claimant against the club, Club C, country D as Respondent regarding an employment-related dispute arisen between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2014-2015) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2014-2015) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 27 November 2014, in the following composition: Geoff Thompson (England), Chairman Mario Gallavotti (Italy), member Johan van Gaalen (South Africa), member on the claim presented by the player, Player A, country B as Claimant against the club, Club C, country D as Respondent regarding an employment-related dispute arisen between the parties I. Facts of the case 1. On 5 September 2011, the player from country B, Player A (hereinafter: the Claimant) and the club from country D (hereinafter: the Respondent) concluded an employment contract (hereinafter: the contract), valid as of the date of signature until 31 May 2012. 2. According to said contract, the Claimant was entitled to receive the minimum salary as well as a yearly remuneration of EUR 245,000 net payable as follows: - EUR 50,000 on 30 October 2011; - EUR 45,000 on 30 November 2011; - EUR 50,000 on 30 January 2012; - EUR 50,000 on 30 March 2012; - EUR 50,000 on 30 April 2012. 3. The contract further provides that “[the Claimant] will receive net 3.500€ per match salary for every official match he takes part in the first 11 players squad, net %75 per match salary for every official match he joins the match later and net %50 per match salary for every official match he takes part in the first 18 players squad but he doesn’t enter the game”. 4. On 3 June 2013, the Claimant lodged a claim against the Respondent in front of FIFA requesting to be awarded with the following amounts: - EUR 219,000 as outstanding salaries, plus 5% interest as of each due date, broken down as follows: o EUR 24,000 as outstanding salary due on 30 October 2011; o EUR 195,000 as outstanding salary due on 30 November 2011 (EUR 45,000), 30 January (EUR 50,000), 30 March (EUR 50,000) and 30 April 2012 (EUR 50,000); - EUR 94,500 as outstanding match bonuses, plus 5% interest as of 31 May 2012, corresponding to: o EUR 3,500 x 17 matches in which he appeared within the starting eleven; o EUR 2,625 x 6 matches in which he appeared as a substitute (75% of EUR 3,500); o EUR 1,750 x 11 matches in which he was included in the 18-man squad (50% of EUR 3,500); - reimbursement of his court expenses. 5. In his claim, the Claimant explains that for the whole term of the contract, he only received EUR 26,000, i.e. a payment of EUR 20,000 on 11 October 2011 and two payments of EUR 3,000 on 25 and 27 October 2011 respectively. 6. In its reply, the Respondent sustains that the Claimant claims much more than what he was entitled to in accordance with the contract. In addition, the Respondent asserts that all the payments provided by the contract were made even though it acknowledges that they were made late because of the match- fixing scandal in country D which delayed the payments made by the Football Federation of country D to the clubs. 7. In support of its assertions, the Respondent submitted the following bank receipts: - Receipt dated 22 September 2011 in the amount of EUR 10,000 as “advance for 2011-2012 contract”; - Receipt dated 30 September 2011, paid on 6 February 2012, in the amount of 3,750 (approx. EUR 1,490 on 30 September 2011) as “Club E Match premium”; - Receipt dated 11 October 2011 in the amount of EUR 20,000; - Receipt dated 25 October 2011 in the amount of 3,000 (approx. EUR 1,185 on 25 October 2011); - Receipt dated 25 October 2011 in the amount of EUR 10,000; - Receipt dated and paid on 25 October 2011 in the amount of EUR 25,000 to “Mr Y”; - Receipt dated 30 November 2011 in the amount of 10,000 (approx. EUR 4,040 on 30 November 2011); - Receipt dated 20 December 2011 in the amount of EUR 20,000 as “2011-2012 season allowance credit”; - Receipt dated 20 December 2011 in the amount of 14,900 (approx. EUR 6,045 on 20 December 2011) as “Club F Premium”; - Receipt dated 3 February 2012 in the amount of 7,200 (approx. EUR 3,110 on 3 February 2012) as “Club G Premium”; - Receipt dated 14 February 2012 in the amount of 11,250 (approx. EUR 4,830 on 14 February 2012) as “Club H Premium”; - Receipt dated 15 February 2012 in the amount of EUR 12,125 “for payment for per match”; - Receipt dated 8 March 2012 in the amount of EUR 17,000 “for his guaranteed salary”; - Receipt dated 4 April 2012 in the amount of 11,210 (approx. EUR 4,730 on 4 April 2012) “for winning of county X match”; - Receipt dated 30 April 2012 in the amount of EUR 15,000 “for his credit”. 8. In his replica, the Claimant acknowledges having received an amount of EUR 108,194, broken down as follows: - EUR 20,000 on 11 October 2011; - EUR 10,000 on 25 October 2011; - 3,000 on 25 October 2011; - EUR 20,000 on 20 December 2011; - EUR 25,000 on 15 February 2012; - EUR 17,000 on 8 March 2012; - EUR 15,000 on 30 April 2012. 9. In light of the foregoing payments, the Claimant amended his claim and requests EUR 136,806, plus 5% interest as of the respective due date, as outstanding salaries, made up as follows: - EUR 36,806 due on 30 January 2012; - EUR 50,000 due on 30 March 2012; - EUR 50,000 due on 30 April 2012. 10. In continuation, the Claimant acknowledges receipt of a payment of EUR 12,125 made on 15 February 2012 as match bonuses and therefore requests EUR 82,375, plus 5% interest as of 31 May 2012, as outstanding match bonuses. In this respect, the Claimant points out that the payments made in, i.e. 10,000 on 30 November 2011, 14,900 on 20 December 2011, 7,200 on 3 February 2012, 3,750 on 6 February 2012, 11,250 on 14 February 2012 and 11,210 on 4 April 2012, did not constitute the agreed match bonuses but “extra premium payments” made in case of win or draw as incentives due to the risk of relegation. 11. Finally, the Claimant stresses that the Respondent enclosed to its correspondence the receipt of a payment made to a person called Mr Y and therefore requests the DRC not to take this payment into consideration. 12. In spite of having invited to do so, the Respondent did not submit any final comments. II. Considerations of the Dispute Resolution Chamber 1. First, the Dispute Resolution Chamber (hereinafter: the Chamber or the DRC) analysed whether it was competent to deal with the case at hand. In this respect, the DRC took note that the present matter was submitted to FIFA on 3 June 2013. Consequently, the 2012 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 stake (cf. art. 21 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 2014), the Dispute Resolution Chamber is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension between a player from country B and a club from country D. 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 2 of the Regulations on the Status and Transfer of Players (editions 2012 and 2014), and considering that the present claim was lodged in front of FIFA on 3 June 2013, the 2012 edition of said Regulations (hereinafter: 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 DRC entered into the substance of the matter. In doing so, it started by acknowledging the abovementioned facts of the case 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. 5. In this respect, the members of the Chamber acknowledged that the parties had signed an employment contract on 5 September 2011, in accordance with which the Claimant was entitled to receive, inter alia, the amount of EUR 245,000 as total salary for the term of the contract. The Chamber also took note that the aforementioned contract provided for performance-related bonuses. 6. In continuation, the DRC noted that the Claimant alleged that the Respondent had failed to pay him outstanding salaries in the amount of EUR 136,806 and outstanding match bonuses in the amount of EUR 82,375. Consequently, the Claimant asked to be awarded with the payment of the total amount of EUR 219,181, plus 5% interest as of each due date. 7. Equally, the Dispute Resolution Chamber took note of the reply of the Respondent, which asserted that, although with delays, it had already paid the Claimant all the amounts provided for in the contract. 8. In this respect, 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. 9. According to this, the Dispute Resolution Chamber noted that the Respondent partially substantiated its defence, as it presented bank receipts evidencing that an amount of EUR 92,000 had been paid to the Claimant as salaries. Besides, the members of the Chamber noted that the Claimant acknowledged having received an amount of EUR 25,000 on 15 February 2012 as salary payment. 10. Bearing in mind the foregoing, the Chamber established that the Respondent did not comply in full with its financial obligations and that, therefore, the Claimant was entitled to certain outstanding amounts. In calculating the outstanding amounts owed to the Claimant, the members of the Chamber took into consideration the following points: (i) the Claimant was entitled to EUR 245,000 as total remuneration for the duration of the contract; (ii) the Respondent sufficiently proved that it had paid to the Claimant the amount of EUR 92,000 while the contract was in force; (iii) the Claimant confirmed having received from the Respondent, in February 2012, a payment in the amount of EUR 25,000. 11. Accordingly, on account of all of the above-mentioned considerations, the Chamber concluded that the Respondent had failed to pay to the Claimant’s salaries in the amount of EUR 128,000. 12. In continuation, the members of the Chambers focused their attention on the match bonuses claimed. In this regard, the DRC recalled that in accordance with art. 12 par. 3 of the Procedural Rules, the Claimant shall carry the burden of proof in connection with his allegations as regards the amount of EUR 82,375 claimed for the concept of match bonuses. The Chamber observed that the Claimant failed to present any elements evidencing that he had taken part in the alleged games and that therefore the claimed match bonuses had actually fallen due. As a consequence, the DRC decided to reject the Claimant’s respective claim pertaining to said amount of EUR 82,375. 13. Consequently, the Chamber 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 128,000. 14. With regards to the claimed interests, the DRC noted that, according to contract, the salary was to be paid in the following five instalments, (i) EUR 50,000 payable on 30 October 2011; (ii) EUR 45,000 payable on 30 November 2011; (iii) EUR 50,000 payable on 30 January 2012; (iv) EUR 50,000 payable on 30 March 2012; and EUR 50,000 payable on 30 April 2012. Consequently, and considering the Claimant’s claim to incorporate the Respondent’s payments to the oldest debts, the members of Chamber decided that the Respondent had to pay default interest at a rate of 5% as follows: - 5% p.a. as of 31 January 2012 on the amount of EUR 28,000; - 5% p.a. as of 31 March 2012 on the amount of EUR 50,000; - 5% p.a. as of 1 May 2012 on the amount of EUR 50,000. 15. The Chamber further decided that the Claimant’s claim for reimbursement of his court expenses is rejected, in accordance with ar. 18 par. 4 of the Procedural Rules and the respective longstanding jurisprudence of the Dispute Resolution Chamber. 16. Finally, the DRC judge concluded his 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 A, 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, the amount of EUR 128,000 plus 5% interest p.a. until the date of effective payment as follows: a. 5% p.a. as of 31 January 2012 on the amount of EUR 28,000; b. 5% p.a. as of 31 March 2012 on the amount of EUR 50,000; c. 5% p.a. as of 1 May 2012 on the amount of EUR 50,000. 3. In the event that the abovementioned amount plus interest is not paid 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 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