F.I.F.A. – Camera di Risoluzione delle Controversie (2013-2014) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2013-2014) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 29 November 2013, in the following composition: Geoff Thompson (England), Chairman Taku Nomiya (Japan), member Mohamed S. Al-Saikhan (Saudi Arabia), member Alejandro Marón (Argentina), member Theodore Giannikos (Greece), member Rinaldo Martorelli (Brazil), member Johan van Gaalen (South Africa), member Carlos González Puche (Colombia), member Mr. John Bramhall (England), member on the claim presented by the player, Player D, from country P as Claimant against the club, Club O, from country C as Respondent regarding an employment-related dispute arisen between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2013-2014) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2013-2014) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 29 November 2013, in the following composition: Geoff Thompson (England), Chairman Taku Nomiya (Japan), member Mohamed S. Al-Saikhan (Saudi Arabia), member Alejandro Marón (Argentina), member Theodore Giannikos (Greece), member Rinaldo Martorelli (Brazil), member Johan van Gaalen (South Africa), member Carlos González Puche (Colombia), member Mr. John Bramhall (England), member on the claim presented by the player, Player D, from country P as Claimant against the club, Club O, from country C as Respondent regarding an employment-related dispute arisen between the parties I. Facts of the case 1. On 1 June 2012, Player D, from country P (hereinafter: the player or Claimant), and Club O, from country C (hereinafter: the club or Respondent), concluded an employment contract (hereinafter: the contract) valid as from “the day of receiving the International Transfer Certificate” until 31 May 2013. 2. In accordance with the contract, the Claimant was entitled to EUR 10,000, payable in 10 equal installments of EUR 1,000 between 30 August 2012 and 31 May 2013. 3. On 2 June 2012, the Claimant and the Respondent signed an additional agreement establishing that the Claimant would receive the amount of EUR 40,000, payable in 10 equal installments of EUR 4,000 between 30 August 2012 and 31 May 2013. Furthermore, the agreement established that the Claimant was entitled to rent “up to 600 EURO” as well as one return ticket country C - country P. 4. On 7 December 2012, the Claimant and the Respondent signed a “Declaration” by means of which the Claimant acknowledged having received the amount of EUR 598 “for the payment of full salary of April 2011/2012”. Equally, the “Declaration” specified that “the amount of EUR 7,000 which correspond to the last salary of the season 2011/2012, will be separated and paid in 10 equal installment during the football period 2012/2013”. 5. On 6 September 2013, the Claimant lodged a claim in front of FIFA against the Respondent explaining that the latter had not fully complied with its contractual obligations. Therefore, the Claimant requested payment of the total amount of EUR “42,900”, calculated as follows: - EUR 30,000 for the salaries of December 2012 until May 2013; - EUR 4,500 for the remaining part of the November 2012 salary; - EUR 3,000 for the rent of January to May 2013; - EUR 510 for a “family return ticket to country P”; - EUR 4,900 for the payments due in accordance with the “Declaration”, whilst outlining that the club had only paid three of those installments. 6. In addition, the Claimant requested 5% interest “from the dates of the installments”. 7. Despite having been invited by FIFA to provide its position in respect of the claim lodged by the Claimant, the Respondent did not answer, although it was informed that in absence of a reply, a decision would be taken upon the basis of the documents already on file. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as the DRC or the Chamber) analysed whether it was competent to deal with the matter at stake. In this respect, it took note that the present matter was submitted to FIFA on 6 September 2013. Consequently, the 2012 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules) is applicable to the matter at hand (cf. art. 21 of the 2012 edition 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 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2012), 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 country P player and a country C club. 3. Furthermore, the Chamber analysed which regulations should be applicable as to the substance of the matter. In this respect, the Chamber confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2012), and considering that the claim was lodged on 6 September 2013, the 2012 edition of the aforementioned regulations (hereinafter: the 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, and entering into the substance of the matter, the Chamber started by acknowledging the above-mentioned facts as well as the documentation contained in the file. 5. In this respect and first of all, the DRC acknowledged that on 1 June 2012 and 2 June 2012, the Claimant and the Respondent concluded, respectively, an employment contract and an additional agreement, establishing that the player would receive as salary the total amount of EUR 50,000, payable in 10 equal installment between 30 August 2012 and 31 May 2013. Furthermore, the additional agreement established that the Claimant was entitled to a rent allowance “up to 600 EURO” as well as one return ticket country C - country P. 6. Equally, the DRC noted that on 7 December 2012, the Claimant and the Respondent signed a “Declaration” by means of which the Claimant acknowledged having received the amount of EUR 598 “for the payment of full salary of April 2011/2012”. In addition, the “Declaration” specified that “the amount of EUR 7,000 which correspond to the last salary of the season 2011/2012, will be separated and paid in 10 equal installment during the football period 2012/2013”. 7. The Chamber further observed that the Claimant lodged a claim in front of FIFA against the Respondent seeking payment of the amount of EUR 42,900 corresponding to outstanding salaries, rent allowances, one “family return tickets to country P” and the amounts due as per the” Declaration”, asserting that the Respondent had not fully complied with its contractual obligations towards him. 8. Furthermore, the DRC noted that the Respondent had been given the opportunity to reply to the claim submitted by the Claimant, but that the Respondent had failed to present its response to the claim. In this way, the Chamber deemed that the Respondent renounced to its right of defence and, thus, accepted the allegations of the Claimant. 9. As a consequence of the preceding consideration, the DRC established that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a decision upon the basis of the documents on file. 10. On account of the aforementioned considerations, the Chamber established that the Respondent had failed to fully pay the Claimant the amounts as agreed upon in the employment contract, additional agreement and “Declaration”, totalling the amount of EUR 42,900. Consequently, the DRC concluded that, in accordance with the general legal principle of “pacta sunt servanda”, the Respondent is liable to pay the Claimant the amount of EUR 42,900. 11. Finally, and with regard to the Claimant's request for interest, the DRC decided that the Claimant is entitled to receive interest at the rate of 5% p.a. on the outstanding salaries as from the day after the respective due dates and, in relation to the amounts corresponding to the “Declaration” and the flight ticket, as from 6 September 2013. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player D, is accepted. 2. The Respondent, Club O, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 42,900 plus 5% interest until the date of effective payment as follows: a. 5% p.a. as of 1 December 2012 on the amount of EUR 4,500; b. 5% p.a. as of 1 January 2013 on the amount of EUR 5,000; c. 5% p.a. as of 1 February 2013 on the amount of EUR 5,600; d. 5% p.a. as of 1 March 2013 on the amount of EUR 5,600; e. 5% p.a. as of 1 April 2013 on the amount of EUR 5,600; f. 5% p.a. as of 1 May 2013 on the amount of EUR 5,600; g. 5% p.a. as of 1 June 2013 on the amount of EUR 5,600; h. 5% p.a. as of 6 September 2013 on the amount of EUR 5,400. 3. In the event that the aforementioned sum plus interest is not paid by the Respondent within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance is to be made and to notify the Dispute Resolution Chamber of every payment received. Note relating to the motivated decision (legal remedy): According to article 67 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 www.tas-cas.org For the Dispute Resolution Chamber: Markus Kattner Deputy Secretary General Encl. CAS Directives