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 7 April 2016, 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 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 7 April 2016, 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 between the parties I. Facts of the case 1. On 26 August 2015, the player from country B, Player A (hereinafter: Claimant), and the club from country D, Club C (hereinafter: Respondent), signed an employment contract valid as from 2 September 2015 until 30 June 2017, in accordance with which the Claimant was entitled to receive from the Respondent, inter alia, the amount of EUR 26,088 for the 2015-16 season. 2. In accordance with the employment contract, the Claimant was further entitled to receive EUR 6,000 as a refund for travel costs for the 2015-16 season. 3. On 1 September 2015, the parties signed an additional employment contract (hereinafter: additional contract), in accordance with which the Claimant was entitled to receive, inter alia, the following remuneration: a. EUR 10,000 on 10 September 2015; b. EUR 15,000 on 30 September 2015; c. EUR 25,000 on 30 November 2015; d. EUR 10,000 on 30 January 2016; e. EUR 6,000 performance bonus for each 5 goals or goal assists; f. EUR 10,000 performance bonus for each 15 official matches fielded; g. EUR 400 per month for accommodation. 4. On 9 November and 16 November 2015, the Claimant put the Respondent in default of payment of his remuneration. 5. On 19 November 2015, the Claimant lodged a claim against the Respondent in front of FIFA maintaining that the latter had failed to remit any of the contractual payments allegedly due until that moment and, therefore, asked that the Respondent be ordered to pay the following monies: a. EUR 2,574 (salary + rent) for September 2015; b. EUR 2,574 (salary + rent) for October 2015; c. EUR 6,000 transportation allowance; d. EUR 10,000 due as of 10 September 2015; e. EUR 15,000 due as of 30 September 2015. 6. The Claimant further asked to be awarded interest of 5% p.a. as of the respective due dates of the relevant amounts. 7. According to the Claimant, in accordance with the employment contract his salary was of EUR 2,174 per month payable during 12 months. 8. In spite of having been invited to do so, the Respondent has not replied to the Claimant’s claim dated 19 November 2015. 9. However, the Claimant informed FIFA that, in the interim, the Respondent had remitted the amount of EUR 5,548 allegedly corresponding to his salary (2 x EUR 2,174) and transportation allowance (2 x EUR 600) for September 2015 and October 2015. 10. On 15 February 2016, the Claimant lodged an additional claim against the Respondent maintaining that, on 1 February 2016, the parties terminated the employment contract with mutual consent. 11. According to the termination agreement, the Respondent undertook to pay to the Claimant “all pending amounts until the date of termination.” 12. In the additional statement of claim, the Claimant held that the Respondent equally failed to remit the following remuneration, totalling EUR 59,522: a. EUR 6,522 as salary for November 2015 until January 2016; b. EUR 2,000 rent allowance for September 2015 until January 2016; c. EUR 25,000 due on 30 November 2015; d. EUR 10,000 due on 30 January 2016; e. EUR 6,000 performance bonus (3 goals and 2 assists); f. EUR 10,000 performance bonus (15 official match appearances). 13. Therefore, the Claimant asked that the Respondent equally be ordered to pay these additional outstanding amounts plus 5% interest as of the respective due dates of the relevant amounts. 14. The Respondent has not replied to the Claimant’s claim of 15 February 2016, in spite of having been invited to do so. 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 19 November 2015. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2015; 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 an 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 2015), and considering that the present claim was lodged on 19 November 2015, the 2015 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. Having said this, the DRC judge acknowledged that the Claimant and the Respondent signed an employment contract valid as from 2 September 2015 until 30 June 2017 as well as an additional contract outlining further financial entitlements of the Claimant. It was further noted that the parties terminated their employment relation by mutual consent in writing on 1 February 2016. 6. According to the Claimant, the Respondent failed to pay various receivables owed to him under the employment contract and the additional contract, which is the basis of the claims he lodged against the Respondent in front of FIFA. In this respect, the DRC judge took into account that the Claimant had acknowledged receipt of a partial payment of EUR 5,548 made by the Respondent during the proceedings relating to his first claim, which payment, according to the Claimant, was related to the salary and transportation allowance for September 2015 and October 2015. 7. Subsequently, the DRC judge noted that the Respondent failed to present its response to the claims of the Claimant, despite having been invited to do so. By not presenting its reply to the claims, the DRC judge was of the opinion that the Respondent renounced its right of defence and, thus, accepted the allegations of the Claimant. 8. Furthermore, as a consequence of the aforementioned consideration, the DRC judge concluded 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. 9. Having established the above, the DRC judge turned his attention to the various amounts claimed by the Claimant, bearing in mind the aforementioned payment of the Claimant’s salary and transportation allowance for September and October 2015 as well as the documentation presented by the Claimant in support of his petition. 10. In this respect, the DRC judge took into account that according to the Claimant, his salary under the employment contract was of EUR 2,174 per month (EUR 26,088 for the 2015-16 season divided by 12 months) and that such allegation, taking into account the absence of the Respondent’s reply to the claim, has remained undisputed. In this sense, bearing in mind that the EUR 6,000 refund for travel costs for the 2015- 16 season was not further specified in the employment contract, the DRC judge considered that said amount of EUR 6,000 was equally due in monthly payments over a 12 months’ period of time. 11. On account of the above, 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 the total amount of EUR 85,822, which is composed of the following amounts: salary as from November 2015 until and including January 2016 (totalling EUR 6,522), rent allowance as from September 2015 until and including January 2016 (totalling EUR 2,000), two performance bonuses (totalling EUR 16,000), four instalments that fell due as from 10 September 2015 until 30 January 2016 (totalling EUR 60,000), as well as EUR 1,300 as the remainder of the total of EUR 2,500 travel allowance during 5 months, bearing in mind that EUR 1,200 already were paid. 12. 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 various amounts included in the global amount of EUR 85,822 as of the day following the day on which the relevant amounts fell due. In this regard, in the absence of a contractual due date, the DRC judge decided that interest on the amounts related to the performance bonuses and to the travel costs allowance is applicable as of the date of termination of the employment relation between the parties, i.e. 1 February 2016. 13. The DRC judge concluded the deliberations in the present matter by deciding that any further claim lodged by 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, the amount of EUR 85,822 plus 5% interest p.a. until the date of effective payment as follows: a. 5% p.a. on the amount of EUR 10,000 as of 11 September 2015; b. 5% p.a. on the amount of EUR 15,000 as of 1 October 2015; c. 5% p.a. on the amount of EUR 400 as of 1 October 2015; d. 5% p.a. on the amount of EUR 400 as of 1 November 2015; e. 5% p.a. on the amount of EUR 25,000 as of 1 December 2015; f. 5% p.a. on the amount of EUR 2,574 as of 1 December 2015; g. 5% p.a. on the amount of EUR 2,574 as of 1 January 2016; h. 5% p.a. on the amount of EUR 2,574 as of 1 February 2016; i. 5% p.a. on the amount of EUR 1,300 as of 1 February 2016; j. 5% p.a. on the amount of EUR 10,000 as of 1 February 2016; k. 5% p.a. on the amount of EUR 16,000 as of 1 February 2016. 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 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: Marco Villiger Deputy Secretary General Encl.: CAS directives