F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – labour disputes / controversie di lavoro (2020-2021) – fifa.com – atto non ufficiale – Decision 18 November 2020
Decision of the DRC Judge
passed on 18 November 2020
regarding an employment-related dispute concerning the player Edin Cocalic
BY:
Pavel Pivovarov (Russia), DRC Judge
CLAIMANT:
Edin Cocalic, Bosnia and Herzegovina
Represented by Mr Mumin Adiguzel
RESPONDENT:
Akhisar Belediyespor, Turkey
I. Facts
1. On 21 January 20219, the parties concluded an employment contract valid as from the date of signature until 31 May 2021.
2. In this respect, the parties concluded an addendum stipulating the following:
3. The parties hereby agree to amend the Financial Conditions of 2019/2020 Season as follows:
3.1The Player shall be paid 250.000 Euros net for the 2019/2020 Season. Additionally, Player's unpaid receivables from 2018/2019 Season in t he total amount of 56.250 (partial payment of April which was due on 25.04.2019 in the amount of 18.750 Euro, payment of May which was due on 25.05.2019 in the amount of 37.500) will also be paid in 2019/2020 Season.
In this context, Club will pay the abovementioned total amount of 306.250 Euros to the Player according to the payment schedule below:
25.07.2019
60.000 euros
25.08.2019
24.625 euro
25.09.2019
24.625 euro
25.10.2019
24.625 euro
25.11.2019
24.625 euro
25.12.2019
24.625 euro
25.01.2020
24.625 euro
25.02.2020
24.625 euro
25.03.2020
24.625 euro
25.04.2020
24.625 euro
25.05.2020
24.625 euro
4· The parties hereby agree to amend the Financial Conditions of 2020/2021 Season as follows: If the Club plays in First League in 2020/2021 Season:
4.1. It the Club plays in First League in 2020/2021 Season, the Player shall be paid 250.000 net for the 2020/2021 Season according to the payment schedule:
25.07.2020
50.000 euros
25.08.2020
20.000 euro
25.09.2020
20.000 euro
25.10.2020
20.000 euro
25.11.2020
20.000 euro
25.12.2020
20.000 euro
25.01.2021
20.000 euro
25.02.2021
20.000 euro
25.03.2021
20.000 euro
25.04.2021
20.000 euro
25.05.2021
20.000 euro
3. On 17 August 2020, the player sent a default notice to the club requesting the following:
“2. The club did not pay the following remuneration of the player until the date of this default notifications;
• 24.625.EUR unpaid salary of March 2020
• 24.625.EUR unpaid salary of April 2020
• 24.625.EUR unpaid salary of May 2020
• 50.000.EUR due credit dated on 25.07.2020
• 3.117.EUR unpaid part of bonuses for the season 2019-2020
• The club also did not pay the players apartment rent for months of July 2020.”
According to FIFA regulation article 14/ bis the player has to granted the club for payment of outstanding debt of totally 126.992.EUR in 15 days after notification of this default.
4. On 3 September 2020, the player sent a termination notice, requesting the payment of the total amount of EUR 126,992 and making reference to art. 14 bis of the Regulations.
5. The player specified that, on 15 September 2020, he concluded an employment contract with the Turkish club, Altay FC, valid as from the date of signature until 31 May 2022, with the following financial conditions:
“2020-2021 FOOTBALL SEASON GUARANTEE FEE 200.000 EURO (WILL BE PAID BY THE CONDITIONS BELOW)
20.000 EURO THE OFFICIAL CONTRACT WILL BE PAID WHEN SIGNED
The football player shall be paid 20.000 EURO in the first week of each month, for a total of 9 months, beginning as from the date 1 OCTOBER 2020 up to and including the date 1 JUNE 2021. (180.000 EURO Total)
2021-2022 FOOTBALL SEASON GUARANTEE FEE 220.000 EURO (WILL BE PAID BY THE CONDITIONS BELOW)
The football player shall be paid 22.000 EURO in the first week of each month, for a total of 10 months, beginning as from the date 1 AUGUST 2021 up to and including the date 1 MAY 2022. (220.000 EURO Total)”.
6. On 25 September 2020, the claimant lodged a claim before FIFA against the respondent for outstanding remuneration, noting that “the player's has outstanding remuneration at the time of termination is totally: 126.992.EUR + (plus) 21.999.EUR = 148,991.EUR”
7. In this respect, the Claimant specified that, since the termination of the contract, the players' remuneration has been increased for the amount of 20.000 EUR (salary of August 2020, which was due on 25.08.2020), and 3 days of salary from September 2020 (i.e. 20,000/30*3).
8. Despite being invited to do so, the Respondent failed to reply to the claim.
II. Considerations of the DRC Judge
1. First of all, the DRC Judge (hereinafter also referred to as Chamber or DRC) analysed whether it was competent to deal with the case at hand. Taking into account the wording of art. 21 of the June 2020 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at hand.
2. Subsequently, the DRC Judge referred to art. 3 par. 1 of the Procedural Rules and emphasised that, in accordance with art. 24 par. 1 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players, the DRC Judge is competent to deal with matters which concern employment-related disputes with an international dimension between players and clubs, such as the present one, which involves a Bosnian player and a Turkish club.
3. In continuation, the DRC Judge analysed which edition of the Regulations of the Status and Transfer of Players should be applicable to the present matter. In this respect, the DRC Judge 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 claim was lodged on 25 September 2020, the August 2020 edition of the aforementioned regulations (hereinafter: the Regulations) is applicable to the matter at hand.
4. With the above having been established, the DRC Judge entered into the substance of the matter. In doing so, it started to acknowledge the facts of the case as well as the documents contained in the file. However, the DRC Judge emphasized that in the following considerations it will refer only to facts, arguments and documentary evidence which it considered pertinent for the assessment of the matter at hand.
5. In this respect, the DRC Judge noted that, on 21 January 20219, the parties concluded an employment contract valid as from the date of signature until 31 May 2021.
6. Subsequently, the DRC Judge observed that the Claimant lodged a claim before FIFA, for outstanding remuneration, noting that he “has outstanding remuneration at the time of termination is totally: 126.992.EUR + (plus) 21.999.EUR = 148,991.EUR”
7. Moreover, 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.
8. Furthermore, as a consequence of the aforementioned consideration, the DRC Judge concurred that in accordance with art. 9 par. 3 of the Procedural Rules, it 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. In this respect, the DRC Judge noted that the player was entitled to the economic conditions that are stated in point I. 2 above.
10. Subsequently, the DRC Judge noted that, on 17 August 2020, the player sent a default notice noting that, inter alia, the following amounts remained unpaid:
• 24.625.EUR unpaid salary of March 2020
• 24.625.EUR unpaid salary of April 2020
• 24.625.EUR unpaid salary of May 2020
• 50.000.EUR due credit dated on 25.07.2020
11. Thereafter, the DRC Judge noted that, on 3 September 2020, the player terminated the contract.
12. Within this context, the DRC Judge noted that, in accordance with the claim lodged by the player, the present matter does not concern the termination of the contract and its possible consequences, but only the payment of the player’s possible outstanding remuneration until said termination, i.e. until 3 September 2020.
13. In doing so, considering the contract concluded between the parties as well as the documentation on file and, in particular, the player’s request, the DRC Judge understood that the Respondent failed to pay the following amounts to the player, for the total amount 145,875, detailed as follows:
• EUR 24.625 as salary of March 2020
• EUR 24.625 as salary of April 2020
• EUR 24.625 as salary of May 2020
• EUR 50.000 for the payment due on 25.07.2020
• EUR 20,000 as salary of August 2020
• EUR 2,000 for the three days of September 2020, i.e. EUR 20,000/30*3 = 2,000)
14. As a result, in strict application of the principle of pacta sunt servanda, the DRC Judge established that the Respondent shall pay to the Claimant, the total outstanding amount of EUR 145,875.
15. Moreover, taking into account the request of the Claimant as well as the longstanding jurisprudence in this regard, the DRC Judge decided to award 5% interest p.a. over said amount as from the due date, i.e. as from the day after each of the instalments mentioned in point I.13 above).
16. In addition, the Single Judge noted that the Claimant requested the payment of “3.117 EUR” as “unpaid part of bonuses for the season 2019/2020.
17. In this respect, the DRC Judge reminded the parties of the contents of art. 12 par. 3 of the Procedural Rules, according to which “any party claiming a right on the basis of an alleged fact shall carry the burden of proof”.
18. After duly examining the information on file, the DRC Judge noted that no sufficient evidence was presented by the Claimant as to whether the conditions for the payment of said bonuses were met. As a result, the DRC Judge rejected this part of the player’s claim.
19. Furthermore, taking into account the previous considerations, 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 amounts of outstanding remuneration and/or compensation in due time.
20. 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 amounts are paid and for the maximum duration of three entire and consecutive registration periods.
21. Therefore, bearing in mind the above, the DRC Judge decided that, in the event that the Respondent does not pay the amounts 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.
22. Finally, the DRC Judge recalled that the above-mentioned ban will be lifted immediately and prior to its complete serving upon payment of the due amounts, in accordance with art. 24bis par. 3 of the Regulations.
III. Decision of the DRC Judge
1. The claim of the Claimant, Edin Cocalic, is partially accepted.
2. The Respondent, Akhisar Belediyespor, has to pay to the Claimant, the following amount:
- EUR 145,875 as outstanding remuneration plus 5% interest p.a. as from the due dates until the date of effective payment.
3. Any further claims of the Claimant are rejected.
4. The Claimant is directed to immediately and directly inform the Respondent of the relevant bank account to which the Respondent must pay the due amount.
5. The Respondent shall provide evidence of payment of the due amount in accordance with this decision to psdfifa@fifa.org, duly translated, if applicable, into one of the official FIFA languages (English, French, German, Spanish).
6. In the event that the amount due, plus interest as established 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 following consequences shall arise:
1.
The Respondent shall be banned 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. The aforementioned ban mentioned will be lifted immediately and prior to its complete serving, once the due amount is paid.
(cf. art. 24bis of the Regulations on the Status and Transfer of Players).
2.
In the event that the payable amount as per in this decision 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 the FIFA Disciplinary Committee.
7. This decision is rendered without costs.
For the DRC Judge:
Emilio García Silvero
Chief Legal & Compliance Officer
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 58 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, 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 Procedural Rules).
CONTACT INFORMATION:
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
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