F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – labour disputes / controversie di lavoro (2019-2020) – fifa.com – atto non ufficiale – Decision 5 May 2020
Decision of the
Dispute Resolution Chamber (DRC) judge
passed on 5 May 2020,
by Pavel Pivovarov (Russia), DRC judge
on the claim presented by the player,
David Braz de Oliveira Filho, Brazil
represented by Mr Rafael Queiroz Botelho and
Mr Vinicius Eduardo Lucilio
as Claimant
against the club,
Sivasspor Kulubu Dernegi, Turkey
as Respondent
regarding an employment-related dispute
between the parties
I. Facts of the case
1. On 8 August 2018, the Brazilian player, David Braz de Oliveira Filho (hereinafter: the
Claimant or the player) and the Turkish club, Sivasspor Kulübü Dernegi (hereinafter: the
Respondent or the club) concluded an employment contract (hereinafter: the contract),
valid as from 9 August 2018 until 31 May 2019.
2. In accordance with clause 3 of the contract, the club committed itself to pay to the player
the amount of EUR 50,000 “as advanced payment”, payable on 25 December 2018.
3. Additionally, pursuant to clause 3 of the contract, the Claimant was also entitled to
receive the amount of EUR 700,000 for the 2018/2019 season, payable in 10 equal monthly
instalments of EUR 70,000, as follows:
- EUR 70,000 on 21 September 2018;
- EUR 70,000 on 21 October 2018;
- EUR 70,000 on 21 November 2018;
- EUR 70,000 on 21 December 2018;
- EUR 70,000 on 21 January 2019;
- EUR 70,000 on 21 February 2019;
- EUR 70,000 on 21 March 2019;
- EUR 70,000 on 21 April 2019;
- EUR 70,000 on 21 May 2019;
- EUR 70,000 on 21 June 2019.
4. On 23 August 2019, the player put the club in default of payment of the amount EUR
58,000, corresponding to the signing-on fee of EUR 50,000 (cf. point I.2. above) and EUR
8,000 as the remainder of his monthly salary for June 2019 (cf. point I.3. above). The player
granted the club a 10 days’ deadline to remedy the default.
5. On 10 January 2020, the player lodged a claim against the club, requesting the total
amount of EUR 60,930, plus 5% interest p.a. as from the due dates, broken down as
follows:
- EUR 58,000 as outstanding remuneration;
- EUR 2,700, corresponding to “interest on the advanced payment”;
- EUR 230, corresponding to “interest on June’s salary”.
6. On 20 January 2020, the FIFA Administration notified the claim of the Claimant to the
Respondent and granted the latter a deadline to submit its reply until 9 February 2020,
which was thereafter extended until 16 February 2020.
7. On 17 February 2020, the Respondent filed its answer to the claim. According to the
Respondent, the signing-on fee of EUR 50,000 was to be paid to the player’s agent as an
“intermediation fee”.
8. As regard the evidences of payment submitted by the Respondent, the Claimant was
requested to provide his comments “exclusively on the alleged proof of payment
attached to the reply of the club”.
9. On 24 March 2020, the Claimant maintained having received EUR 692,000 out of EUR
750,000. In this context, the player reiterated his request to receive the outstanding
remuneration in the amount of EUR 58,000.
II. Considerations of the Dispute Resolution Chamber (DRC) judge
1. First of all, the Dispute Resolution Chamber judge (hereinafter: the DRC Judge) analyzed
whether he was competent to deal with the case at hand. In this respect, he referred to
the wording of art. 21 of the 2019 edition of the Rules Governing the Procedures of the
Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the
Procedural Rules) as well as to the fact that the present matter was submitted to FIFA on
10 January 2020 and decided on 5 May 2020. Therefore, the DRC Judge concluded that
the 2019 edition of the Procedural Rules is applicable to the matter at hand.
2. 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 2 of the Regulations on the Status and Transfer of Players, and considering that the
present claim was lodged on 10 January 2020, the January 2020 edition of said regulations
(hereinafter: Regulations) is applicable to the matter at hand as to the substance.
3. Subsequently, the DRC Judge referred to art. 3 par. 1 and 2 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, he is competent to adjudicate on the present employment-related
dispute between a Brazilian player and a Turkish club.
4. His competence and the applicable regulations having been established, the DRC Judge
entered into the substance of the matter, by acknowledging the above-mentioned facts
as well as the documentation contained in the file in relation to the substance of the
matter. 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 recalled that the player and the club concluded an
employment contract valid as from 9 August 2018 until 31 May 2019, according to which the player was entitled to a monthly salary in the amount of EUR 70,000 and a signingon
fee of EUR 50,000 (cf. points I.2. and I.3. above).
6. Subsequently, the DRC Judge noted that the player, on 23 August 2019, put the club in
default of payment of the signing-on fee as well as the remainder of the monthly salary
for June 2019.
7. In continuation, the DRC Judge proceeded to analyse the claim of the Claimant who
argued that the Respondent “did not fully comply with the payment of the Player’s
remuneration, as agreed in the Contracts”.
8. The DRC Judge recalled that the Respondent had filed its reply to the claim of the
Claimant on 17 February 2020.
9. The DRC Judge observed that the Respondent, for its part, submitted multiple proofs of
payment allegedly made to the Claimant. In this context, the DRC Judge took note of the
fact that the player was invited to provide his comments on the alleged proofs of
payment submitted by the Respondent.
10. The DRC Judge observed that the Claimant, on 24 March 2020, confirmed not having
received the amount of EUR 58,000. Therefore, the Claimant reiterated his request.
11. Moreover, the DRC Judge further noted that the proofs of payment provided by the club
were not contested by the player, however, those evidences of payment corresponded to
amounts not claimed by the player and as such were not sufficient to demonstrate that
the player’s remuneration had been fully paid.
12. Subsequently, the DRC Judge wished to emphasize that the contract did not mention that
the signing-on fee of EUR 50,000 was to be paid to the player’s agent. In this respect, the
DRC Judge pointed out that the contract explicitly established the following: “The Player
shall be paid 50.000,00-Euro on 25.12.2018, as advanced payment”. Therefore, the DRC
Judge underlined that signing-on fee should have been paid to the player.
13. On account of the aforementioned considerations, the DRC Judge established that the
Respondent failed to remit the Claimant’s remuneration in the total amount of EUR
58,000, corresponding to the signing-on fee of EUR 50,000 and the remainder of the
monthly salary for June 2019, i.e. EUR 8,000.
14. Consequently, the DRC judge decided that, in accordance with the general legal principle
of pacta sunt servanda, the Respondent was liable to pay to the Claimant outstanding
remuneration in the total amount of EUR 58,000.
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 EUR 58,000 as from the due dates until
the date of effective payment.
16. Furthermore, taking into account the consideration under number II.2. above, the DRC
Judge referred to par. 1 and 2 of art. 24bis of the Regulations, which stipulate that, with
its decision, the pertinent FIFA deciding body shall also rule on the consequences deriving
from the failure of the concerned party to pay the relevant amount of outstanding
remuneration.
17. In this regard, the DRC Judge pointed out that, against clubs, the consequence of the
failure to pay the relevant amounts in due time shall consist of a ban from registering
any new players, either nationally or internationally, up until the due amount is paid and
for the maximum duration of three entire and consecutive registration periods.
18. Therefore, bearing in mind the above, the DRC Judge decided that, in the event that the
Respondent does not pay the amount due to the Claimant within 45 days as from the
moment in which the Claimant, following the notification of the present decision,
communicates the relevant bank details to the Respondent, a ban from registering any
new players, either nationally or internationally, for the maximum duration of three
entire and consecutive registration periods shall become effective on the Respondent in
accordance with art. 24bis par. 2 and 4 of the Regulations.
19. The DRC Judge recalled that the above-mentioned ban will be lifted immediately and
prior to its complete serving upon payment of the due amount, in accordance with art.
24bis par. 3 of the Regulations.
***
III. Decision of the Dispute Resolution Chamber (DRC) Judge
1. The claim of the Claimant, David Braz de Oliveira Filho, is accepted.
2. The Respondent, Sivasspor Kulubu Dernegi, has to pay to the Claimant the amount of
EUR 58,000 plus 5% interest p.a. as until the date of effective payment as follows:
a. 5% p.a. as of 26 December 2018 on the amount of EUR 50,000;
b. 5% p.a. as of 22 June 2019 on the amount of EUR 8,000.
3. The Claimant is directed to inform the Respondent, immediately and directly, preferably
to the e-mail address as indicated on the cover letter of the present decision, of the
relevant bank account to which the Respondent must pay the amount mentioned under
point III.2. above.
4. The Respondent shall provide evidence of payment of the due amount plus interest in
accordance with point III.2. above to FIFA to the e-mail address psdfifa@fifa.org, duly
translated, if need be, into one of the official FIFA languages (English, French, German,
Spanish).
5. In the event that the amount due plus interest in accordance with point III.2. above is
not paid by the Respondent within 45 days as from the notification by the Claimant
of the relevant bank details to the Respondent, the Respondent shall be banned from
registering any new players, either nationally or internationally, up until the due
amount is not paid and for the maximum duration of three entire and consecutive
registration periods (cf. art. 24bis of the Regulations on the Status and Transfer of
Players).
6. The ban mentioned in point III.5. above will be lifted immediately and prior to its
complete serving, once the due amount is paid.
7. In the event that the aforementioned sum plus interest is still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter shall
be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a
formal decision.
***
Note related to the publication:
The FIFA administration may publish decisions issued by the Players’ Status Committee or the
Dispute Resolution Chamber. Where such decisions contain confidential information, FIFA may
decide, at the request of a party within five days of the notification of the motivated decision,
to publish an anonymised or a redacted version (cf. article 20 of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber).
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 (CAS)
Avenue de Beaumont 2
CH-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 (DRC) Judge:
Emilio García Silvero
Chief Legal & Compliance Officer