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 25 February 2021

Decision of the DRC Judge

passed on 25 February 2021

regarding an employment-related dispute concerning the player Sedat Berisha

BY:

Philippe Diallo (France), DRC Judge

CLAIMANT:

Sedat Berisha, North Macedonia

RESPONDENT:

Vllaznia Shkoder, Albania

I. Facts

1. On 5 January 2018, the parties concluded an employment contract valid as from the date of signature until 31 December 2018.

2. Following the annex 1 of the contract, the player was entitled to the following:

“i. Monthly payment

a. The monthly payment value is 550.000 (five hundred and fifty thousand) ALL for the period from 7 January 2018 to 31 May 2018, as well as the period from 1 August 2018 until 31 December 2018. By February 2018 the Player will take from the above amount an advance payment of 800.000 (eight hundred thousand) ALL. The above amount shall be deducted to the Player proportionally within the 10-month period of contract extension from the net payment.

b. The monthly payment shall be made between the fifth and tenth day of each subsequent month”

3. On 7 June 2018, the Claimant sent a default notice to the Respondent, requesting the payment of LEK 1,410,000.00 (one million four hundred ten thousand Albanian Lek) gross, corresponding corresponds to the monthly salaries of March 2018, April 2018 and May 2018.

4. On 9 July 2018, the Claimant sent a termination letter to the Respondent indicating the following:

“Despite of the notification of date 7 June 2018, through which I have requested to be paid by your club with the monthly salaries of March 2018, April 2018 and May 2018, for a total amount of LEK 1,410,000.00 gross, this request has not been fulfilled within the given time limit of 30 (thirty) days. In the conditions of repeated violations without legal grounds of the main contractual obligation by your club, I am being forced to take this extreme decision, as the sole manner of guaranteeing my personal and patrimonial rights.”

5. On 19 July 2018, the Claimant submitted a claim in front of the Albanian Football National Dispute Resolution Chamber.

6. On 30 June 2018, the Albanian NDRC decided the following:

“1. Admissibility of the claim of the petitioner Sedat Berisha.

2. Termination of the Individual Employment Contract No. Prot. No. 4, dated 05. 01. 2018 unilaterally and by legal cause by the Petitioner.

3. Declaring the Petitioner as a free player and authorizing his further transfer to the Albanian and/or foreign clubs.

4. The judicial expenses in the amount of 100.000 ALL shall be borne by the Football Club "Vllaznia

(…)”

7. On 5 November 2018, the Claimant sent a default notice to the Respondent requesting the payment of ALL 1,410,00.

8. On 15 August 2020, the player concluded an employment contract with the Albanian club, FK Tirana, valid as from the date of signature until 31 May 2019.

9. On 30 October 2020, the Claimant lodged a claim for outstanding remuneration and breach of contract without just cause and requested the payment of the following amounts:

Outstanding remuneration:

ALL 470,000 as outstanding salary for March 2018, plus 5% interest p.a. as of 1 April 2018;

ALL 470,000 as outstanding salary for April 2018, plus 5% interest p.a. as of 1 May 2018;

ALL 470,000 as outstanding salary for May 2018, plus 5% interest p.a. as of 1 June 2018;

Compensation:

ALL 2,350,00, as compensation for breach of contract without just cause.

10. 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 referred to as the DRC Judge or the Judge) analysed whether it was competent to deal with the matter at stake. Taking into account art. 21 of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules), the January 2021 edition of said rules is applicable to the matter at hand (cf. art. 21 of the Procedural Rules).

2. Subsequently, the Judge referred to art. 3 par. 1 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and par. 2 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players, the Dispute Resolution Chamber (DRC) Judge shall adjudicate on employment-related disputes between a club and a player that have an international dimension.

3. As a consequence, the Dispute Resolution Chamber would, in principle, be competent to decide on the present litigation involving a player from North Macedonia and a club from Albania regarding a claim for compensation with a value in dispute of less than CHF 200,000.

4. However, the Judge stressed on the content of art. 25 par. 5 of the Regulations on the Status and Transfer of Players, which reads as follows:

“The Players’ Status Committee, the Dispute Resolution Chamber, the single judge or the DRC judge (as the case may be) shall not hear any case subject to these regulations if more than two years have elapsed since the event giving rise to the dispute. Application of this time limit shall be examined ex officio in each individual case”.

5. In view of the above, the Chamber had to determine which is the event giving rise to the present dispute. In doing so, the DRC Judge deemed it important to emphasise the matter at stake concerns the alleged termination of the contract by the player on 9 July 2018. Therefore, the event giving rise to the dispute occurred on 9 July 2018.

6. On account of all the above, and considering that more than two years have elapsed between the event giving rise to the dispute, i.e. the termination of the contract on 9 July 2018, and the date when the claim was lodged, i.e. on 30 October 2020, the DRC Judge concluded that the Claimant’s claim must be considered barred by the statute of limitations in accordance with art. 25 par. 5 of the Regulations.

7. In light of the above, the DRC Judge decided that the claim of the Claimant is inadmissible.

III. Decision of the DRC Judge

1. The claim of the Claimant, Sedat Berisha, is inadmissible.

2. 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).

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