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 21 October 2020

Decision of the

DRC Judge

passed on 21 October 2020,

regarding an employment-related dispute concerning the player Antun Palić

BY:

Jon Newman (USA), DRC Judge

CLAIMANT:

Antun Palić, Croatia

Represented by Mr Nikola Badovinac

RESPONDENT:

Club Kaposvar, Hungary

I. FACTS OF THE CASE

1. On 22 January 2020, the Croatian player, Marcos Dos Santos Moraes (hereinafter: Claimant or player) and the Hungarian club, Kaposvar (hereinafter: Respondent or club) signed an employment contract (hereinafter: contract) valid as from the date of signature until 30 June 2020.

2. According to the contract, the Respondent undertook to pay the Claimant a monthly salary of EUR 7,500, payable until the 10th day of the following month.

3. Furthermore, in accordance with the contract, the player was entitled to bonuses as follows:

- EUR 250 “after 45 minutes of play time / league match”;

- EUR 250 “gol, assists / league match”;

- EUR 900 “winner premium / league match”;

- EUR 10,000 “the team stays in first class”.

4. On 28 July 2020, the Claimant put the Respondent in default and requested payment of EUR 8,060.12, corresponding to the partial salary of June 2020 as well as to bonuses.

5. In his claim, the player argued that after expiration of the contract, the Respondent failed to remit remuneration in the amount of EUR 8,264.04, detailed as follows:

- EUR 5,364.04 corresponding to the partial salary of June 2020;

- EUR 2,900 corresponding to bonuses (cf. below).

6. The Claimant detailed his claim regarding bonuses as follows:

- EUR 1,150 for a match on 14 June 2020, where he played 70mins and was won (EUR 250+900);

- EUR 500 for a match on 10 June 2020, where he played 61mins and scored an assist (2x EUR 250);

- EUR 1,250 for matches between 5 February 2020 and 27 June 2020, where he played more than 45mins (5xEUR 250).

7. On account of the above, the Claimant requested payment of EUR 8,264.04 plus 5% p.a. as of 25 August 2020 as well as reimbursement of his legal costs.

8. The Respondent failed to present its response to the claim of the player, in spite of having been invited to do so.

II. CONSIDERATIONS OF THE DISPUTE RESOLUTION CHAMBER JUDGE

1. First of all, the Dispute Resolution Chamber judge (hereinafter also referred to as DRC judge) analysed whether he was competent to deal with the case at hand. In this respect, he took note that the present matter was submitted to FIFA on 25 August 2020 and submitted for decision on 21 October 2020. 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, 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 October 2020), he is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension between a player and club.

3. Furthermore, the DRC judge 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 Player (edition October 2020), and considering that the present claim was lodged on 25 August 2020, the August 2020 edition of said regulations (hereinafter: the 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 it will refer only to the facts, arguments and documentary evidence, which it considered pertinent for the assessment of the matter at hand. In particular, the DRC judge recalled that in accordance with art. 6 par. 3 of Annexe 3 of the Regulations, FIFA may use, within the scope of proceedings pertaining to the application of the Regulations, any documentation or evidence generated or contained in the Transfer Matching System (TMS).

5. Having said this, the Chamber proceeded with an analysis of the circumstances surrounding the present matter, the parties’ arguments as well the documentation on file, bearing in mind art. 12 par. 3 of the Procedural Rules, in accordance with which any party claiming a right on the basis of an alleged fact shall carry the burden of proof.

6. First of all, the members of the Chamber acknowledged that, on 22 January 2020, the player and the club had concluded an employment contract valid as from the date of its signature until 30 June 2020, according to which the Respondent undertook to pay the Claimant, inter alia, a monthly salary of EUR 7,500 as well as certain bonuses.

7. In this context, the DRC judge took note of the player’s claim maintaining that the club failed to remit a part of his June 2020 salary as well as bonuses in the total amount of EUR 8,264.04.

8. The club, for its part, failed to present its response to the claim of the player, in spite of having been invited to do so. In this way, the DRC judge considered 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 concurred that in accordance with art. 9 par. 3 of the Procedural Rules it shall take a decision upon the basis of the documents already on file, in other words, upon the statements and documents presented by the Claimant.

10. Having said this, the DRC judge acknowledged that, in accordance with the employment contract provided by the Claimant, the Respondent was obliged to pay to the Claimant the amount of EUR 7,500 as salary of June 2020 as well as bonuses the following bonuses:

- EUR 250 “after 45 minutes of play time / league match”;

- EUR 250 “gol, assists / league match”;

- EUR 900 “winner premium / league match”;

11. 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 the outstanding remuneration with sufficient documentary evidence.

12. 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 8,264.04, corresponding to the partial monthly salary of June 2020, i.e. EUR 5,624.04, as well as the claimed bonuses, i.e. EUR 2,900.

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 the total amount of EUR 8,264.04.

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 amount of EUR 8,264.04 as from 25 August 2020.

15. Furthermore, taking into account the consideration under number II./3. 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 amounts of outstanding remuneration and/or compensation in due time.

16. 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.

17. 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.

18. 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, Antun Palić, is partially accepted.

2. The Respondent, Club Kaposvar, has to pay to the Claimant, the following amount as outstanding remuneration:

- EUR 8,264.04 plus 5% interest p.a. as from 25 August 2020 until the date of effective payment.

3. Any further claim of the Claimant is 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.

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

www.fifa.com | legal.fifa.com | psdfifa@fifa.org | T: +41 (0)43 222 7777