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 21 May 2015, in the following composition: Geoff Thompson (England), Chairman Damir Vrbanovic (Croatia), member Alejandro Marón (Argentina), member Rinaldo Martorelli (Brazil), member Johan van Gaalen (South Africa), member on the claim presented by the player, Player A, country B as Claimant against the club, Club C, country D as Respondent regarding an employment-related dispute between the parties I.

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 21 May 2015, in the following composition: Geoff Thompson (England), Chairman Damir Vrbanovic (Croatia), member Alejandro Marón (Argentina), member Rinaldo Martorelli (Brazil), member Johan van Gaalen (South Africa), member on the claim presented by the player, Player A, country B as Claimant against the club, Club C, country D as Respondent regarding an employment-related dispute between the parties I. Facts of the case 1. On 4 July 2012, the player from country B, Player A (hereinafter: player or Claimant), and the club from country D, Club C (hereinafter: club or Respondent), signed an employment contract (hereinafter: the contract) valid from 1 July 2012 until 30 June 2013. 2. According to Art. 18 lit. d of the contract, the club undertakes to pay the player, inter alia, the following amounts: - USD 187,500 upon signing the contract; - USD 187,500 on 15 January 2013; - USD 375,000 “to be divided by 12 months as monthly salaries”; - Four economy class tickets for the player and his family (country E-city F-country E). 3. According to Art. 18 lit. a of the contract, the monthly salary is paid at the end of each month. 4. On 25 September 2013, the player lodged a claim in front of FIFA against the club regarding outstanding remuneration and requested to be awarded payment of the following monies: - USD 187,500 corresponding to the amount due on 15 January 2013; - USD 31,250 corresponding to the monthly salary due on 31 May 2013; - USD 31,250 corresponding to the monthly salary due on 30 June 2013; - USD 2,600 corresponding to the player’s flight tickets. 5. The player held that the contract expired on 30 June 2013 and that the club did not pay the amounts listed above, in spite of his alleged default notice to the club to request the outstanding amounts on 30 July 2013 and 14 September 2013, to which he never received a reply. 6. After the closure of the investigation into the present matter, the club submitted its reply to the claim rejecting the allegations of the player by arguing that all financial obligations of the club were fulfilled. 7. Furthermore, the club stated that due to disciplinary sanctions it deducted USD 67,760 from the player’s salary. According to the club, the player did not take part in three days of training in January 2013 and a training camp during “more than ten days” in March 2013. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or DRC) analysed whether it was competent to deal with the matter at hand. In this respect, it took note that the present matter was submitted to FIFA on 25 September 2013. Consequently, the Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2012; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 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 2015) 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 player from country B and a club from country D. 3. Furthermore, the Chamber 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 Players (edition 2015), and considering that the present claim was lodged on 25 September 2013, the 2012 edition of said regulations (hereinafter: 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, the Chamber 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 recalled that the parties had signed an employment contract valid as from 1 July 2012 until 30 June 2013. 6. In continuation, the DRC acknowledged that, in accordance with the employment contract provided by the Claimant, the Respondent was obliged to pay to the Claimant, inter alia, USD 187,500 on 15 January 2013 and USD 375,000 divided in 12 monthly instalments due at the end of each month, plus four economy class tickets (country E-city F-country E) for the player and his family. 7. In this respect, the Chamber took into consideration that according to the Claimant, the Respondent had failed to pay his remuneration in the total amount of USD 252,600, corresponding to the instalment in the amount of USD 187,500 due on 15 January 2013, the salaries of May and June 2013 in the amount of USD 31,250 per month as well as flight tickets amounting to USD 2,600. Consequently, the Claimant requested to be awarded payment of the total amount of USD 252,600. 8. Subsequently, the DRC observed that the Respondent, for its part, in spite of having been invited to do so, failed to present its response to the claim of the Claimant within the relevant time-limit. In fact, the reply of the Respondent was only received after the investigation-phase of the matter had already been concluded. As a result, the DRC decided not to take into account the reply of the Respondent and established that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a decision upon the basis of those documents on file that were provided prior to the closure of the investigation-phase, in casu, 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 Chamber concluded that the Claimant had substantiated his claim pertaining to outstanding remuneration with sufficient documentary evidence. 10. Having established the above, as regards the Claimant’s claim pertaining to air tickets and on the basis of the information provided by FIFA Travel as well as the relevant terms of the employment contract, the Chamber decided that the Respondent must pay to the Claimant the amount of USD 2,600 for air tickets country E-city F-country E. In addition, the Chamber decided that the Respondent must pay to the Claimant the outstanding salaries for May and June 2013 of USD 31,250 each as well as the instalment of USD 187,500 that had fallen due on 15 January 2013. 11. Consequently, on account of the above and in accordance with the general legal principle of pacta sunt servanda, the Chamber decided that the Respondent is liable to pay to the Claimant the total amount of USD 252,600 in connection with the remuneration due to the Claimant in accordance with the employment contract. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player A, is accepted. 2. The Respondent, Club C, has to pay to the Claimant the amount of USD 252,600, within 30 days as from the date of notification of this decision. 3. In the event that the aforementioned sum is not paid by the Respondent within the stated time limit, interest at the rate of 5% p.a. will fall due as of expiry of the aforementioned time limit and 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 Acting Secretary General Encl: CAS directives