F.I.F.A. – Camera di Risoluzione delle Controversie (2014-2015) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2014-2015) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 18 December 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Damir Vrbanovic (Croatia), member Philippe Piat (France), member on the claim presented by the player, Player A, from country B as Claimant against the club, Club C, from country D as Respondent regarding an employment-related dispute arisen between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2014-2015) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2014-2015) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 18 December 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Damir Vrbanovic (Croatia), member Philippe Piat (France), member on the claim presented by the player, Player A, from country B as Claimant against the club, Club C, from country D as Respondent regarding an employment-related dispute arisen between the parties I. Facts 1. On 2 February 2013, the player from country B, Player A (hereinafter: the Claimant), and the club from country D, Club C (hereinafter: the Respondent), signed an employment contract (hereinafter: the contract) valid as from 1 February 2013 until 31 December 2013. 2. In accordance with article 5 of the contract, the Claimant was entitled inter alia, to a yearly salary of USD 1,000,000, 40% payable within 15 working days after receiving the International Transfer Certificate (ITC) and the rest divided in 11 instalments payable on the last day of each calendar month. 3. Additionally, the Claimant was entitled to a bonus amounting to USD 4,000 for “each win match in Super League in country D” and USD 2,000 for “each draw in Super League in country D”. Moreover, the contract established that said bonuses would be payable in the event the player played more than 45 minutes in each game. On the other hand, in the event he appeared as a substitute, then he shall receive half of the bonus payable in each case. 4. On 20 May 2014, the Claimant lodged a claim against the Respondent in front of FIFA for outstanding remuneration, requesting the total amount of USD 171,636.35 plus 5% interests since “the date of the debt”, and corresponding to: a. USD 163,636.35 for the outstanding salaries of October, November and December 2013; b. USD 8,000 corresponding to the bonuses for the last two games won with the team. 5. The Claimant explained that upon the expiry of the contract, the Respondent had failed to fully comply with its financial obligations, still owing him three monthly salaries, in the amount of USD 54,545.45 each as well as bonuses. 6. The Claimant claims to have formally put the Respondent in default by means of the correspondence sent on 28 April 2014 without any response from the latter. 7. In spite having been invited by FIFA to do so, the Respondent has failed to provide its response to the claim of the Claimant although informed that, in absence of a reply, the Dispute Resolution Chamber would take a decision on the basis of the information and evidence at disposal. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter referred as: the DRC or the Chamber) analysed whether it was competent to deal with the case at hand. In this respect, the Chamber took note that the present matter was submitted to FIFA on 20 May 2014. 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 DRC referred to art. 3 par. 1 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 2014) the Dispute Resolution Chamber is competent to decide on the present litigation, which concerns an employment-related dispute with an international dimension between an player from country B and a club from country D. 3. In continuation, the DRC analysed which edition of the FIFA Regulations on the Status and Transfer of Players should be applicable as to the substance of the matter. In this respect, the DRC referred, on the one hand, to art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2014), and, on the other hand, to the fact that the present claim was lodged in front of FIFA on 20 May 2014. The DRC concluded that the 2012 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations), is applicable to the matter at hand as to the substance. 4. The competence of the DRC and the applicable regulations having been established, the DRC entered into the substance of the matter. In this respect, the Chamber started by acknowledging all the above-mentioned facts as well as the arguments and the documentation submitted by the parties. However, the Chamber 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. 5. In this respect, the Chamber acknowledged that the parties to the dispute had signed an employment contract valid from 1 February 2013 until 31 December 2013, in accordance with which the Respondent would pay the Claimant a total remuneration in the amount of USD 1,000,000, 40% payable within 15 working days after receiving the ITC and the rest divided in 11 instalments payable on the last day of each calendar month. According to the contract, the Claimant was also entitled to a bonus amounting USD 4,000 for each win match and USD 2,000 for each draw in the Super League in country D. 6. Moreover, the DRC took into consideration that according to the Claimant, the Respondent had failed to pay him his remuneration in the total amount of USD 171,636.35 corresponding to: a. USD 163,636.35 for the outstanding salaries of October, November and December 2013; b. USD 8,000 corresponding to the bonuses for the last two games won with the team. 7. Subsequently, the DRC 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 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 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. Taking into account the documentation presented by the Claimant in support of his petition, the DRC concluded that the Claimant had substantiated his claim pertaining to outstanding remuneration with sufficient documentary evidence. 10. In this regard, the DRC determined that the outstanding salaries corresponding to October, November and December 2013 in the total amount of USD 163,636.35, should have been paid by the Respondent “on the last day of each calendar month”. 11. On the other hand, the DRC took note that, on one hand, the contract did not establish the due dates of the bonuses and, on the other hand, the Claimant did not indicate the relevant due dates. 12. On account of the aforementioned considerations, the DRC established that the Respondent failed to remit the Claimant’s remuneration in the total amount of USD 171,636.35, USD 163,636.35 corresponding to the outstanding salaries of October, November and December 2013 and USD 8,000 corresponding to bonuses for the last two games won. 13. Consequently, the DRC decided that, in accordance with the general legal principle of pacta sunt servanda, the Respondent is liable to pay to the Claimant outstanding remuneration in the total amount of USD 171,636.35. 14. In addition, taking into consideration the Claimant’s claim and the contract, the Chamber decided to award the Claimant with an interest at the rate of 5% p.a. on the amount of USD 163,636.35 as from the respective due dates of each salary until the date of effective payment. Moreover, the DRC awarded the Claimant an interest at the rate of 5% p.a. on the amount of USD 8,000 as from the date of the claim until the date of effective payment. 15. The DRC concluded its deliberations by declaring that all further claim of the Claimant is rejected. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player A, is partially accepted. 2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of USD 171,636.35 plus 5% interest p.a. until the date of effective payment as follows: a. 5 % p.a. as of 1 November 2013, on the amount of USD 54,545.45; b. 5 % p.a. as of 1 December 2013, on the amount of USD 54,545.45; c. 5 % p.a. as of 1 January 2014, on the amount of USD 54,545.45; d. 5 % p.a. as of 20 May 2014, on the amount of USD 8,000. 3. In the event that the aforementioned amount plus interest is not paid 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. Any further claim lodged by the Claimant is rejected. 5. 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 art. 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