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 (DRC) judge passed in Zurich, Switzerland, on 10 February 2015, by Philippe Diallo (France), DRC judge, 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 (DRC) judge passed in Zurich, Switzerland, on 10 February 2015, by Philippe Diallo (France), DRC judge, 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 an unspecified date, the player from country B, Player A (hereinafter: the Claimant), and the club from country D, Club C (hereinafter: the Respondent), concluded an employment contract (hereinafter: the contract) valid from 13 September 2013 until 30 June 2014. 2. According to clause 4 of the contract, the Claimant was entitled to receive a monthly salary in the amount of EUR 1,600, payable at the end of each month. The Claimant was also entitled to receive a Christmas bonus equivalent to one monthly salary and Easter and Holiday bonuses in the amount of half monthly salary each. 3. On 6 November 2014, the Claimant lodged a claim before FIFA against the Respondent, requesting outstanding remuneration in the aggregate amount of EUR 15,400, plus 5% interest p.a. as from each due date, composed as follows: - EUR 15,200 corresponding to monthly salaries between 13 September 2013 and 30 June 2014 (9,5 x EUR 1,600); - EUR 1,600 corresponding to the Christmas Bonus; - EUR 800 corresponding to the Easter Bonus; - EUR 800 corresponding to the Holiday Bonus; - Minus the amount of EUR 3,000 corresponding to the payments received from the Respondent. The Claimant further requested sporting sanctions to be imposed on the Respondent. 4. According to the Claimant, although he fulfilled his contractual obligations until the end of the contractual period, the Respondent has failed to pay the remuneration agreed. In particular, the Claimant held that the Respondent only paid the total amount of EUR 3,000 through partial payments, having failed to pay several monthly salaries and the bonuses contractually agreed. 5. Even though invited to do so, the Respondent did not submit its position to the claim. II. Considerations of the DRC judge 1. First, the DRC judge analysed whether he was competent to deal with the case at hand. In this respect, he took note that the present matter was submitted to FIFA on 6 November 2014. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2014; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 par. 1 and par. 2 of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 par. 2 and par. 3 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and par. 2 in conjunction with art. 22 lit. b of the Regulations on the Status and Transfer of Players (edition 2014) he 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 DRC 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 par. 2 of the Regulations on the Status and Transfer of Players (edition 2014), and considering that the present claim was lodged on 6 November 2014, the 2014 edition of said regulations (hereinafter: Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the DRC judge and the applicable regulations having been established, the DRC judge entered into the substance of the matter. In this respect, the DRC judge started by acknowledging all the above-mentioned facts as well as the arguments and the documentation submitted by the parties. However, the DRC judge emphasised that in the following considerations he will refer only to the facts, arguments and documentary evidence, which he considered pertinent for the assessment of the matter at hand. 5. In this respect, the DRC judge acknowledged that the parties to the dispute had signed an undated employment contract, valid from 13 September 2013 until 30 June 2014, according to the copy of the employment contract provided by the Claimant. 6. Subsequently, the DRC judge noted that the Respondent failed to present its response to the claim of the Claimant, in spite of having been invited to do so. By not presenting its position to the claim, the DRC judge was of the opinion that the Respondent renounced its right of defence and, thus, accepted the allegations of the Claimant. 7. Furthermore, as a consequence of the aforementioned consideration, the DRC judge concurred that in accordance with art. 9 par. 3 of the Procedural Rules, he shall take a decision upon the basis of the documentation on file; in other words, upon the statements and documents presented by the Claimant. 8. In continuation, the DRC judge acknowledged that in accordance with the contract, the Claimant was entitled to receive a monthly salary in the amount of EUR 1,600, payable at the end of each month, as well as to receive a Christmas bonus equivalent to one monthly salary and Easter and Holiday bonuses in the amount of half monthly salary each. 9. In this respect, the DRC judge took into consideration that according to the Claimant, he would be entitled to receive the total amount of EUR 18,400 for the contractual period, composed of EUR 15,200 corresponding to 9,5 monthly salaries for the period between 13 September 2013 and 30 June 2014; EUR 1,600 corresponding to the Christmas bonus; EUR 800 corresponding to the Easter bonus and EUR 800 corresponding to the Holiday bonus. However, the Respondent had failed to pay his remuneration as contractually agreed, having only paid the total amount of EUR 3,000 through partial payments. 10. Consequently, the Claimant requested to be awarded with the payment of the total amount of EUR 15,400. 11. Taking into account the documentation presented by the Claimant in support of his petition, the DRC judge concluded that the Claimant had substantiated his claim pertaining to outstanding remuneration with sufficient documentary evidence. 12. In particular, the DRC judge acknowledged that the Claimant held that he had received only the amount of EUR 3,000. In this regard, the DRC judge concluded that the total amount of EUR 18,400 to which the Claimant was entitled to as per the employment contract, should have been paid by the Respondent during the contractual period. 13. On account of the aforementioned considerations, the DRC judge established that the Respondent failed to pay the Claimant the total amount of EUR 15,400 corresponding to monthly salaries and bonuses. 14. Consequently, the DRC judge 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 15,400. 15. In addition, taking into account the Claimant’s request as well as the constant practice of the Dispute Resolution Chamber, the DRC judge decided that the Respondent must pay to the Claimant interest of 5% p.a. on the amount of EUR 15,400 as from the respective due dates until the date of effective payment. 16. Finally, as to the Claimant’s request for sporting sanctions, the DRC judge underlined that sporting sanctions may only be imposed in those cases involving an early termination of the contract, as stipulated in art. 17 of the Regulations. III. Decision of the DRC judge 1. The claim of the Claimant, Player A, is 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 15,400 plus 5% interest p.a. until the date of effective payment as follows: a. 5% p.a. as of 1 December 2013 on the amount of EUR 1,000; b. 5% p.a. as of 1 January 2014 on the amount of EUR 3,200; c. 5% p.a. as of 1 February 2014 on the amount of EUR 1,600; d. 5% p.a. as of 1 March 2014 on the amount of EUR 1,600; e. 5% p.a. as of 1 April 2014 on the amount of EUR 1,600; f. 5% p.a. as of 1 May 2014 on the amount of EUR 2,400; g. 5% p.a. as of 1 June 2014 on the amount of EUR 1,600; h. 5% p.a. as of 1 July 2014 on the amount of EUR 2,400. 3. In the event that the aforementioned sum plus interest is not paid within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. 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 DRC judge 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 DRC judge: Markus Kattner Deputy Secretary General Encl. CAS directives