F.I.F.A. – Camera di Risoluzione delle Controversie (2015-2016) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2015-2016) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 28 January 2016, by Theo van Seggelen (Netherlands), 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 between the parties I.

F.I.F.A. - Camera di Risoluzione delle Controversie (2015-2016) - controversie di lavoro – ---------- F.I.F.A. - Dispute Resolution Chamber (2015-2016) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 28 January 2016, by Theo van Seggelen (Netherlands), 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 between the parties I. Facts of the case 1. On 16 August 2013, the player from country B, Player A (hereinafter: player or Claimant), and the club from country D, Club C (hereinafter: club or Respondent), signed an employment contract (hereinafter: contract) valid as of 26 August 2013 until 31 May 2014. 2. According to the contract, the club undertook to pay the player the following monies: - EUR 25,000 upon signing of the contract; - 10,000 upon signing of the contract; - EUR 5,000 as monthly salary “between 30.09.2013 and 31.05.2014 for 9 months”; - EUR 30,000 “total charge of per match/36 matches=833 Euro”. 3. Furthermore, as regards per match payments the contract defined that: - “If the footballer takes place in first 11 in match line up, he receives %100 of the price for per match”; - “If the footballer takes place in first 18 in match line up, and he joins the match later, he receives %50 of the price for per match”; - “If the footballer takes place in first 18 in match line up, and he does not join the match, he receives %25 of the price for per match”. 4. On 27 January 2014, the club terminated the contract with immediate effect. 5. On 10 February 2014, the player lodged a claim in front of FIFA against the club maintaining that the club failed to pay remuneration in the amount of EUR 40,116.50. Therefore, the player asked that the club be ordered to pay this amount plus 5% interest p.a. as of 13 March 2014. 6. In his arguments, the player held that according to the contract, he is entitled to the total amount of EUR 62,596.50, consisting of the following amounts: - EUR 25,000 upon signing of the contract; - EUR 3,850 corresponding to 10,000 upon signing of the contract; - EUR 25,000 corresponding to the monthly salaries of September 2013 to January 2014 (5x EUR 5,000); - EUR 7,497 corresponding to 9 appearances with 100% match bonuses (9x EUR 833); - EUR 416.50 corresponding to 1 appearance with 50% match bonus; - EUR 833 corresponding to 4 appearances with 25% match bonuses (4x EUR 208.25). 7. Furthermore, the player acknowledged receipt of payments from the club in the total amount of EUR 22,480 as follows: - EUR 15,000 on 20 August 2013; - EUR 5,000 on 25 September 2013; - EUR 2,480 on 19 December 2013. 8. Despite being invited to do so, the club has not submitted its position regarding the claim of the player. II. Considerations of the DRC judge 1. First of all, the DRC judge analysed whether he was competent to deal with the matter at hand. In this respect, he took note that the present matter was submitted to FIFA on 10 February 2014. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2012; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 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 2015) 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. In particular, and in accordance with art. 24 par. 2 lit. i) of the Regulations on the Status and Transfer of Players, the DRC judge confirmed that he may adjudicate in the present dispute which value does not exceed CHF 100,000. 4. Furthermore, the DRC judge analysed which edition of the 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 2015), and considering that the present claim was lodged on 10 February 2014, the 2012 edition of said regulations (hereinafter: Regulations) is applicable to the matter at hand as to the substance. 5. 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. 6. In this respect, the DRC judge acknowledged that, on 16 August 2013, the parties to the dispute had signed a valid employment contract for the period of 26 August 2013 until 31 May 2014, in accordance with which the Respondent undertook to pay to the Claimant EUR 25,000 and 10,000 upon the signing of the contract, EUR 5,000 as monthly remuneration during 9 months plus match bonuses. 7. In this respect, the DRC judge took into consideration that according to the Claimant, the Respondent had failed to pay his remuneration in the total amount of EUR 40,116.50, corresponding to payments due upon the signing of the contract, salaries and various bonus payments. Consequently, the Claimant requested to be awarded payment of the total amount of EUR 40,116.50 plus interest. 8. 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 submitting its response 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. 9. Furthermore, as a consequence of the aforementioned consideration, the DRC judge established that in accordance with art. 9 par. 3 of the Procedural Rules, he shall take a decision upon the basis of the documentation already on file; in other words, upon the statements and documents presented by the Claimant. 10. 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. 11. However, the DRC judge took into account that according to the financial terms of the contract, part of the Claimant’s remuneration was payable in the currency of country D, i.e. the amount of 10,000 in connection with the signing of the contract, whereas the Claimant included such amount in Euros in his calculation of the remuneration payable to him in accordance with the contract until its termination. In this regard, the DRC judge highlighted that he shall only take into consideration the amounts and respective currencies contractually agreed upon by and between the parties. 12. On account of the aforementioned considerations, the DRC judge established that the Respondent failed to remit the Claimant’s remuneration in the amounts of EUR 36,247.50 and 10,000. 13. 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 amounts of EUR 36,247.50 and 10,000. 14. 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 amounts of EUR 36,247.50 and 10,000 as from 13 March 2014 until the date of effective payment. 15. The DRC judge concluded his deliberations in the present matter by establishing that any further claim of the Claimant is rejected. ***** III. Decision of the DRC judge 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, outstanding remuneration in the amounts of EUR 36,247.50 and 10,000 plus 5% interest p.a. as of 13 March 2014 until the date of effective payment. 3. In the event that the amount plus interest due to the Claimant 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 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 DRC judge 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 DRC judge: Marco Villiger Acting Deputy Secretary General Encl: CAS directives