F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – labour disputes / controversie di lavoro (2018-2019) – fifa.com – atto non ufficiale – Decision 6 December 2018

Decision of the

Dispute Resolution Chamber

passed in Zurich, Switzerland, on 6 December 2018,

in the following composition:

Geoff Thompson (England), Chairman

Eirik Monsen (Norway), member

Jérôme Perlemuter (France), 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

between the parties

I. Facts of the case

1. On 5 August 2017, the Player of Country B, Player A (hereinafter: the player or Claimant) and the Club of Country D, Club C (hereinafter: the club or Respondent), concluded an employment contract, valid as from 4 August 2017 until 30 May 2019 (hereinafter: the contract).

2. According to article 3 of the contract, the player was entitled to receive, inter alia, the following amounts:

For the season 2017/2018:

 ten monthly salaries of EUR 15,800 each, to be paid in the period between August 2017 and May 2018 on the 30th day of the respective month;

 an amount of EUR 1,000, for each goal scored in the ‘Football Federation E 1. League season official matches’, to be paid ‘within 60 days as from the date of registration of the leagues by Football Federation E’;

For the season 2018/2019:

 ten monthly salaries of EUR 15,800 each, to be paid in the period between August 2018 and May 2019 on the 30th day of the respective month;

 an amount of EUR 1,000, for each goal scored in the ‘Football Federation E 1. League season official matches’, to be paid ‘within 60 days as from the date of registration of the leagues by Football Federation E’.

3. On 9 April 2018, the player lodged a claim before FIFA against the club, claiming - after amending his claim on 16 July 2018 - outstanding remuneration in the amount of EUR 108,800 to be paid by the club, broken down as follows:

 EUR 94,800, as 6 outstanding monthly salaries in the amount of EUR 15,800 each, due for the period between November 2017 and April 2018;

 EUR 14,000, as bonus payment for the 14 goals the player claims to have scored in the 2017/2018 season for the club.

4. In his claim, the player explains that the club failed to pay him 6 monthly salaries in the period between November 2017 and April 2018. Moreover, the player explains that the club also failed to pay him the bonus payments connected to the 12 goals he scored in the Tournament F and the 2 goals he scored in the Tournament G.

5. As a result of the foregoing, the player explains that on 6 March 2018, he put the club in default for the amount of EUR 63,200, corresponding to 4 monthly salaries of EUR 15,800 each, providing a deadline to pay until 19 March 2018. The player further explains that the club only replied to him, by sending a letter in which it offered to pay the player ‘70% of the outstanding debt’ by no later than 5 April 2018.

6. Furthermore, the player explains that on 23 April 2018, after not having received any of the requested remuneration, he unilaterally terminated his contract with the club, due to the outstanding remuneration.

7. In its reply to the player’s claim, the club confirms that ‘due to the economic difficulties’, it did not pay the player’s salary for a couple of months. Furthermore, the club argues that the player is only entitled to a bonus payment of EUR 12,000, as he only scored 12 goals in the Tournament F, and because of the fact that there were no bonus payments due for goals scored in the Tournament G.

8. In his replica, the player reiterates his previous arguments and further explains that the clause in his contract for scored goals, is also applicable to matches played in the Tournament G, as these matches are also official matches in the ‘League season’ of Country D

9. Despite being invited to do so, the club failed to submit its duplica.

II. Considerations of the Dispute Resolution Chamber

1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or DRC) analysed whether it was competent to deal with the matter at hand. In this respect, it took note that the present matter was submitted to FIFA on 9 April 2018. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2018; hereinafter: Procedural Rules) are applicable to the matter at hand (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 and 2 in combination with art. 22 lit. b of the Regulations on the Status and Transfer of Players (edition 2018) 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 of Country B and a Club of 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 (edition 2018), and considering that the present claim was lodged on 9 April 2018, the 2018 edition of said regulations (hereinafter: Regulations) is applicable to the matter at hand as to the substance.

4. The competence of the Chamber and the applicable regulations having been established, the Chamber entered into the substance of the matter. In this respect, the Chamber started by acknowledging all the above-mentioned facts as well as the arguments and the documentation submitted by the parties. 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 Chamber acknowledged that on 15 August 2017, the parties signed an employment contract valid between 4 August 2017 and 30 May 2019. In accordance with said contract, the player was entitled to receive, inter alia, 10 monthly salaries of EUR 15,800 per season, as well as a bonus of EUR 1,000 for each goal scored in official matches in the ‘Football Federation E 1. League’.

6. In continuation, the members of the Chamber noted that the player lodged a claim against the club, maintaining that he had unilaterally terminated the employment contract on 23 April 2018, after having previously put the club in default on 6 March 2018, since the club allegedly failed to pay him several monthly salaries in the amount of EUR 15,800 each. Consequently, and after amending his claim on 16 July 2018, the player asks to be awarded his outstanding dues in the total amount of EUR 108,800, consisting of six unpaid monthly salaries in the total amount of EUR 94,800, as well as an additional bonus payment of EUR 14,000, connected to the 14 goals the player deems to have scored for the club. The Chamber finally noted that the player did not claim any compensation for breach of contract from the club, in spite of the early termination of the contract.

7. The Chamber also noted that the club confirmed that due to financial difficulties, it could not pay the player’s monthly salaries for a couple of months. Further, the club asserted that the player was only entitled to the amount of EUR 12,000, for the 12 goals he scored in the Tournament F, as two goals the player scored in the Tournament G do not fall under the scope of the bonus clause provided for in article 3 of the contract.

8. With the aforementioned considerations in mind, in particular, the opposite positions of the parties, the Chamber deemed that the underlying issue in this dispute was to determine to which amounts the player was entitled to based on the contract and, furthermore, which of these amounts were effectively paid by the club.

9. In view of the foregoing, the Chamber first noted that based on the contract, the player was entitled to receive - in the period between August 2017 and May 2018 - ten monthly salaries in the amount of EUR 15,800 each, out of which the player deems to have only received the salaries for the months of August, September and October 2017. Furthermore, the player explains that he was entitled to receive EUR 1,000 for each goal of the 14 goals scored by him in official matches in the ‘Football Federation E 1. League season’. In this respect, the player referred to the contents of article 3 of the contract, and submitted an overview of the 14 games in which the player deems to have scored a goal for the club, based on which he claims to be entitled to a bonus payment of EUR 14,000.

10. Turning to the argumentation submitted by the club, the Chamber considered that those arguments, i.e. that it was suffering financial difficulties and therefore, it was not able to make payments to the player, cannot be considered a valid reason for the non-payment of the claimed salaries. The Chamber was of the firm opinion that the club cannot be exempted from its contractual obligations towards the player, as the occurrence of these alleged circumstances cannot be held against the player, who has no influence whatsoever on the financial situation of the club and bears no responsibility whatsoever in this regard.

11. What is more, in relation to the bonus payments claimed by the player in connection with the 14 goals he scored for the club, the members of the Chamber deemed it vital to analyse the contents of article 3 of the contract, and the argumentation brought forward by the club in this respect. Based on the contents of the relevant clause, as well as the explanation submitted by the club, the Chamber was of the opinion that the player was only entitled to a bonus of EUR 1,000 for goals scored in the Tournament F. In this respect, the Chamber pointed out that the clause clearly refers to league matches, however does not contain any reference to matches played in the Tournament G.

12. Additionally, the DRC took into account that it remained uncontested between the parties that the player scored 12 goals in the Tournament F, and that the club even confirmed that the player is consequently entitled to a total bonus payment of EUR 12,000. Based on the foregoing, the Chamber concluded that the player’s claim for a bonus payment in connection with the goals he scored for the club can be partially upheld up to the amount of EUR 12,000.

13. In view of all the above-mentioned circumstances, the members of the Chamber concluded that the club had failed to pay to the player the total amount of EUR 106,800, consisting of six monthly salaries for the period between November 2017 and April 2018 in the amount of EUR 15,800 each, as well as EUR 12,000 as bonus payment for the 12 goals the player scored for the club in the Tournament F.

14. Consequently, and in accordance with the general legal principle of pacta sunt servanda, the club must fulfil its obligations as per the contract concluded with the player and, consequently, is to be held liable to pay the outstanding amount of EUR 106,800 to the player.

15. The Dispute Resolution Chamber 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 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 amount of EUR 106,800.

3. In the event that the amount due to the Claimant in accordance with the above-mentioned number 2. is not paid by the Respondent within the stated time limit, interest at the rate of 5% p.a. will fall due as of expiry of the aforementioned time limit and 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 remittances are to be made and to notify the Dispute Resolution Chamber of every payment received.

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Note relating to the motivated decision (legal remedy):

According to art. 58 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

For the Dispute Resolution Chamber:

Emilio García Silvero

Chief Legal Officer

Encl. CAS directives