DECISIONI DI GIUSTIZIA SPORTIVA • F.I.F.A. - CAMERA DI RISOLUZIONE DELLE CONTROVERSIE - CONTROVERSIE DI LAVORO

• Data decisione: 11 marzo 2021 • Stagione sportiva: 2020/2021

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 11 March 2021

Decision of the

Dispute Resolution Chamber

passed on 11 March 2021

regarding an employment-related dispute concerning the player Willian Schuster Dornelles da Silva

COMPOSITION:

Clifford J. Hendel (USA & France), Deputy Chairman

Tomislav Kasalo (Croatia), member

Mohamed Muzammil (Singapore), member

CLAIMANT:

Willian Schuster Dornelles da Silva, Brazil

Represented by Mr Felipe de Macedo

RESPONDENT:

Al Shamal SC, Qatar

Represented by Effori Sports Law

I. Facts

1. According to the Claimant, on 14 March 2019, he was approached via phone by the coach of the Respondent, by means of which he expressed his interest.

2. According to the claimant, he subsequently received a letter with the following contents:

“Consider that after the #training period# the player and the club Al Shamal SC will discuss all the conditions for one-year contract that must start on July 2019. Al Shamal SC will provide to the player a pre contract before he leaves Doha city in the beginning of May 2019.

During the training period the AL Shamal SC will pay all expenses in Doha, it means land transportation, food, and accommodation.

The visa entry will be provided by Al Shamal SC after the agreement of the player to travel to Doha.

This invitation has the character of exclusivity to the above-mentioned plyer.

The airplane ticket will be refunded by Qatar stars league (contract include the ticket prices).”

3. On 20 April 2019, the player travelled from Brazil to Qatar.

4. According to the player, an agreement was reached from July 2019 until July 2020, for a salary of USD 100,000.

5. However, according to the player, on 27 April 2019, he suffered a severe injury and, following a diagnose in Doha, a local doctor concluded that “treatment options discussed and arthroscopy would not bring benefit what he is expecting; advised to modify his activity”.

6. According to the player, he went to brazil for a second opinion and the club did not make any objection to this.

7. The player explained that he had to recover for nine months.

8. According to the player, on 16 March 2020, he sent a default notice to the club, requesting the reimbursement of his medical costs (BRL 26,828) and his outstanding salaries (USD 75,000).

9. On 6 November 2020, the claimant lodged a claim before FIFA on the basis of the invitation letter, and requested the payment of USD 75,000, corresponding to 9 monthly salaries (USD 8,333.33*9), as well as BRL 26,828, corresponding to the reimbursement of medical costs, plus 5% interest p.a. as from the due dates.

10. In addition, the claimant requested the payment of “attorney's fees at the rate of 20% on the value of the conviction.”

11. The claimant explained in this respect that his rsalary request is based on a verbal agreement.

12. In its reply to the claim, the Respondent rejected the player’s arguments.

13. In this respect, the Respondent argued that, contrary to the Claim, it has respected the invitation letter, including due payment of the Claimant’s accommodation, tickets and medical expenses and during his time in Doha.

14. The Respondent denied having signed a pre-contract or any contract and never mentioned that the invitation letter can be considered as a valid employment contract

15. The Respondent further noted that the amount of BRL 26,828 as part of the medical expenses was not with the Player.

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 case at hand. In this respect, it took note that the present matter was submitted to FIFA on 6 November 2020. Taking into account the wording of art. 21 of the January 2021 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, the Dispute Resolution Chamber referred to art. 3 par. 1 of the Procedural Rules and emphasised 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, the Dispute Resolution Chamber is competent to deal with matters which concern employment-related disputes with an international dimension between players and clubs, such as the present one, which involves a player from Brazil and a club from Qatar.

3. In continuation, the Dispute Resolution Chamber analysed which edition of the Regulations of the Status and Transfer of Players should be applicable to the present matter. In this respect, the Dispute Resolution Chamber confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players, and considering the date of the claim, the June 2020 edition of the aforementioned regulations (hereinafter: the Regulations) is applicable to the matter at hand.

4. With the above having been established, the Dispute Resolution Chamber entered into the substance of the matter. In doing so, it started to acknowledge the facts of the case as well as the documents contained in the file. However, the Dispute Resolution Chamber emphasized that in the following considerations it will refer only to facts, arguments and documentary evidence which it considered pertinent for the assessment of the matter at hand.

5. In this respect, the Chamber noted, that, according to the Claimant, on 14 March 2019, he was approached by the coach of the Respondent, and subsequently received a letter from the latter with, inter alia, the following contents:

During the training period the AL Shamal SC will pay all expenses in Doha, it means land transportation, food, and accommodation.

The visa entry will be provided by Al Shamal SC after the agreement of the player to travel to Doha.

This invitation has the character of exclusivity to the above-mentioned plyer.

The airplane ticket will be refunded by Qatar stars league (contract include the ticket prices).”

6. Thereafter, the Chamber noted that the Claimant lodged a claim on the basis of said invitation letter, requesting the payment of USD 75,000, corresponding to 9 monthly salaries (USD 8,333.33*9), as well as BRL 26,828, corresponding to the reimbursement of medical costs.

7. Conversely, the Chamber took note of the Respondent’s position, which denied having signed a pre-contract or any contract, and that the invitation letter cannot be considered as a valid employment contract.

8. In view of the above, the Chamber noted that the main legal issue at stake is to determine whether the parties were bound by an employment relationship and, in particular, whether the “invitation letter” can be considered as an employment contract.

9. In this regard, the Chamber recalled that in order for an employment contract to be considered as valid and binding, apart from the signature of both the employer and the employee, it should contain the essentialia negotii of an employment contract, such as (but not limited to) the parties to the contract and their role, the duration of the employment relationship and the remuneration agreed upon between the parties. After a careful study of the draft contract presented by the player, the members of the Chamber concluded that the invitation letter did not stipulate a salary or remuneration for the player’s services as a football player. As a result, the Chamber unanimously considered that said document cannot be considered as an employment contract.

10. However, and for the sake of completeness, the Chamber noted that, according to the player, a “verbal agreement” was reached concerning his salary.

11. Yet, in this regard, the Dispute Resolution Chamber reminded the parties of the contents of art. 12 par. 3 of the Procedural Rules, according to which “any party claiming a right on the basis of an alleged fact shall carry the burden of proof”.

12. In application of the aforementioned principle, the Chamber observed that the Claimant failed to provide any convincing documentary evidence about a possible agreement on a specific salary. Hence, the Chamber rejected the Claimant’s arguments in this regard.

13. Nevertheless, the Chamber noted that the player also requested BRL 26,828, corresponding to the reimbursement of medical costs, which were arisen due to an injury that occurred on 27 April 2019, i.e. when the player was in Qatar, during his trial with the club.

14. In relation to said request, the Chamber noted that the invitation stated that “During the training period the Al Shamal SC will pay all expenses in Doha”. In addition, the Chamber noted that, in his reply, the Respondent acknowledged that, from its obligations arisen from the invitation letter, the payment of medical expenses was included.

15. As a result, the Chamber understood that the Claimant duly justified the incurred medical expenses in the amount of BRL 26,828, and that the Respondent acknowledged its obligation in this respect.

16. Therefore, the Chamber established that the Respondent shall pay to the Claimant, the amount of BRL 26,828, as reimbursement for medical expenses.

17. Moreover, taking into account the request of the Claimant as well as the longstanding jurisprudence in this regard, the Dispute Resolution Chamber decided to award 5% interest p.a. over said amount as from the date of the claim.

18. As to the requested legal fees, the Chamber referred to art. 18 pars. 2 and 4, according to which “DRC proceedings relating to disputes between clubs and players in relation to the maintenance of contractual stability as well as international employment related disputes between a club and a player are free of charge” and “no procedural compensation shall be awarded in proceedings of the Players’ Status Committee and the DRC.”

19. Furthermore, taking into account the previous considerations, the Dispute Resolution Chamber 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.

20. In this regard, the Dispute Resolution Chamber 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.

21. Therefore, bearing in mind the above, the Dispute Resolution Chamber 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.

22. Finally, the Dispute Resolution Chamber 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 Dispute Resolution Chamber

1. The claim of the Claimant, Willian Schuster Dornelles da Silva, is partially accepted.

2. The Respondent, Al Shamal SC, has to pay to the Claimant, the amount of BRL 26,828 as reimbursement for medical expenses, plus 5% interest p.a. as from 6 November 2020 until the date of effective payment.

3. Any further claims of the Claimant are 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:

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).

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 Dispute Resolution Chamber:

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