FIFA -Ceklic 07062923

REF. FPSD-10215

Decision of the Dispute Resolution Chamber passed on 7 June 2023 regarding an employment-related dispute concerning the player Zvonko Ceklić BY: Frans DE WEGER (Netherlands), Chairperson André DOS SANTOS MEGALE (Brazil), member Khadija TIMERA (Senegal), member

CLAIMANT: Zvonko Ceklić, Montenegro Represented by Mr Hrvoje Raić and Mr Ivan Ostojić

RESPONDENT:

FC Turan, Kazakhstan pg. 2

REF. FPSD-10215

I. Facts of the case

1. On 22 July 2022, the player Zvonko Ceklić (the Claimant or the player) and Turan (the Respondent or the club) concluded an employment contract valid as from the date of signature until 30

November 2022.

2. Following art. 3.1 of the contract, the player was entitled to a monthly salary of KZT (Kazakhstan Tenge) 1,315,000, plus an additional 20% surcharge in the amount of KZT 263,000 “for work in the ecological zone”, for a total salary of KZT 1,446,6000. Said payments are paid by “no later than the second decade of the following month”.

3. The player’s signature in the contract appears as follows:

4. On the same date, the parties further signed another “supplementary agreement” (the first supplementary agreement) establishing the following remuneration: “3 .1 The employer sets the Employee a monthly basic salary m the amount of 1 819 000 (one million eight hundred nineteen thousand) tenge, an additional 20% surcharge in the amount of 363 800 (…) tenge is paid for work in the ecological zone. The total amount is 2 182 800 (…) tenge.”

5. Also on 22 July 2022, the parties concluded a supplementary agreement (the second

supplementary agreement), by means of which the player was entitled to a one-time bonus of KZT 4,800,000.

6. The player’s signature in the second supplementary agreement is as follows:

7. On 3 April 2023, the player sent a default notice to the club, requesting the following amounts and granted 10 days to remedy the default: “one time bonus of net KZ 4,800,000.00, which matured on 22/7/2022, and balance of August 2022 basic salary of net KZ 554,500.00, which matured on 30/9/2022, and balance of September 2022 basic salary of net KZ 554,500.00, which matured on 31/10/2022, and balance of October 2022 basic salary of net KZ 554,500.00, which matured on 30/11/2022, and balance of November 2022 basic salary of net KZ 554,500.00, which matured on 31/12/2022;”

8. On 4 April 2023, the club replied and stated that it has not debts towards the player. pg. 3

REF. FPSD-10215

II. Proceedings before FIFA

1. On 12 May 2023, the player lodged a claim before the FIFA Football Tribunal for outstanding remuneration an requested the payment of KZT 7,018,000, plus 5% interest p.a. as from the due dates detailed as follows: - KZT 4,800,000, due on 22/7/2022, and - KZT 554,500, due on 30/9/2022, and - KZT 554,500, due on 31/10/2022, and - KZT 554,500, due on 30/11/2022, and - KZT 554,500, due on 31/12/2022;

2. In addition, the player requested “to condemn the Respondent to pay all relevant taxes, state contributions and surcharges, on top of the above-mentioned net amounts”.

3. In its reply, the club stated that all salary payment obligations under the contract were fulfilled, but acknowledged that it still had debts under supplementary agreements.

4. The club provided a statement signed by the player, dated 8 February 2023, stating the following: “I, professional football player Ceklic Zvonko, Passport № K05LB7067, confirm that I have received all the amounts of wages due to me under the employment contract. At the moment I don’t have any financial or material claim against the Professional football club «Turan”

5. In his replica, the Claimant considered that the evidence provided by the club is “fabricated” as it is only a “forged digital version”.

6. The Claimant argued that, when one compares all the Player’s signatures in documents submitted in this case, one can come to a pretty simple conclusion that, even for a layman, a signature from the Statement is not the same as in other documentation.

7. The player further underlined that the club “the Club failed to provide any kind of evidence to this extent, i.e. it failed to provide at least screenshots of the WhatsApp communication” between the parties.

8. The player insisted in his initial request.

9. In its duplica, the Respondent presented a series of screenshots from “WhatsApp”, allegedly proving that the player signed and sent the waiver dated 8 February 2023. pg. 4

REF. FPSD-10215

III. Considerations of the Dispute Resolution Chamber

a. Competence and applicable legal framework

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 presented to FIFA on 12 May 2023 and submitted for decision on 7 July 2023.

Taking into account the wording of art. 34 of the March 2023 edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at hand.

2. Subsequently, the members of the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed that in accordance with art. 23 par. 1 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (March 2023 edition), 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 Montenegro and a club from Kazakhstan.

3. Subsequently, 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 (March 2023 edition), and considering that the present claim was lodged on 12 May 2023, the March 2023 edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the substance.

b. Burden of proof

4. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13 par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider evidence not filed by the parties, including without limitation the evidence generated by or within the Transfer Matching System

(TMS). c. Merits of the dispute

5. Its competence and the applicable regulations having been established, the Chamber entered into the merits of the dispute. In this respect, the Chamber started by acknowledging all the abovementioned facts as well as the arguments and the documentation on file. 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.

1. Main legal discussion and considerations pg. 5

REF. FPSD-10215

6. The Chamber moved to the substance of the matter, and first observed that the parties concluded an employment contract valid as from the 22 July 2022 until 30 November 2022 and that they also considered as series of supplementary agreements (cf. point I.4 et seq.).

7. Thereafter, the Chamber noted that the player lodged a claim for outstanding remuneration by means of which he requested the payment of the outstanding amount of KZT 7,018,000 arising from the supplementary agreements, as detailed in point I. 9 above.

8. Conversely, the Chamber noted the position of the Respondent, who stated that all salary payment obligations under the contract were fulfilled, but acknowledged that it still had debts under supplementary agreements. The Respondent further provided a statement dated 8 February 2023, by means of which the player, allegedly, confirms that he received all the amounts due “under the employment contract”.

9. In this respect, the Chamber then observed that the player argued that said document is forged.

10. In this respect, the Chamber deemed appropriate to remind the parties that, as a general rule, FIFA’s deciding bodies are not competent to decide upon matters of criminal law, such as the one of alleged falsified signatures of documents, and that such affairs fall into jurisdiction of the competent national criminal authority. However, from the perspective of contract law and its effects, the Chamber concurred that it was in a position to assess the validity of the contested documents.

11. Thus, the Chamber proceeded with the analysis of the contents of the agreement, exclusively for the purposes of the present matter.

12. In this regard, after careful examination of the provided document, the Chamber observed that it

appears to be an electronically signed PDF allegedly transmitted via the "WhatsApp messenger." However, it should be noted that there is no evidence to suggest that the player utilized a secure signature service. Furthermore, the Chamber observed that the club presented evidence of a "WhatsApp" conversation seemingly indicating that the player sent this document as an attached file.

13. Nevertheless, irrespective of the document's validity, the Chamber deemed it pertinent to conduct an analysis of its contents. The contents unequivocally pertain solely to outstanding debts under the applicable employment contract. However, it is important to note that the Claimant's claim does not relate to debts due under the employment contract, but specifically references the supplementary agreements. The Claimant has explicitly requested payment of KZT 4,800,000, corresponding to the bonus outlined in the second supplementary agreement, as well as the remaining balance of amounts owed as per the first supplementary agreement. Consequently, the Chamber concurred that the contested document, in reality, lacks relevance to the outcome of the case, as it does not encompass the claimed amounts. pg. 6

REF. FPSD-10215

14. Moreover, the Chamber also noted that the club also acknowledged that paid only as per the employment contract, but not the supplementary agreements.

15. As a result, the Chamber had no other option than to assume that the following amounts, as indicated in the supplementary agreements, remain outstanding: KZT 4,800,000 net, due on 22 July 2022, KZT 554,500 net balance of August 2022, due, according to the player, on 30/9/2022; KZT 554,500 net balance of September 2022 due, according to the player, on 31/10/2022; KZT 554,500 net balance of October due, according to the player, on 30/11/2022; KZT 554,500 net balance of November due, according to the player, on 31/12/2022

Total: KZT 7,018,000 net

16. Therefore, in strict compliance with the principle of pacta sunt servanda, the Chamber established that the Respondent shall pay to the Claimant, the total amount of KZT 7,018,000 net.

17. In addition, taking into consideration the Claimant’s request as well as the constant practice of the Chamber in this regard, the latter decided to award the Claimant interest at the rate of 5% p.a. on the outstanding amounts as from the due dates until the date of effective payment.

18. In continuation, the Chamber referred to art. 12bis par. 2 of the Regulations, which stipulates that any club found to have delayed a due payment for more than 30 days without a prima facie contractual basis may be sanctioned in accordance with art. 12bis par. 4 of the Regulations.

19. To this end, the Chamber confirmed that the player put the club in default of payment of the amounts sought, which had fallen due more than 30 days before, and granted the club a 10-day deadline to cure such breach of contract.

20. Accordingly, the Chamber confirmed that the club had delayed a due payment without a prima facia contractual basis. It followed that the criteria enshrined in art. 12bis of the Regulations was met in the case at hand.

21. The Chamber further established that by virtue of art. 12bis par. 4 of the Regulations it has competence to impose sanctions on the club. On account of the above and bearing in mind that this is the first offense by the club within the last two years, the Chamber decided to impose a warning on the club in accordance with art. 12bis par. 4 lit. a) of the Regulations.

22. In this connection, the Chamber highlighted that a repeated offence will be considered as an aggravating circumstance and lead to a more severe penalty in accordance with art. 12bis par. 6 of the Regulations.

pg. 7 REF. FPSD-10215 ii. Compliance with monetary decisions

23. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24 par. 1 and 2 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.

24. In this regard, the DRC highlighted 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. The overall maximum duration of the registration ban shall be of up to three entire and consecutive registration periods.

25. Therefore, bearing in mind the above, the DRC decided that the Respondent must pay the full amount due (including all applicable interest) to the Claimant within 45 days of notification of the decision, failing which, at the request of the Claimant, a ban from registering any new players, either nationally or internationally, for the maximum duration of three entire and consecutive registration periods shall become immediately effective on the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.

26. The Respondent shall make full payment (including all applicable interest) to the bank account provided by the Claimant in the Bank Account Registration Form, which is attached to the present decision.

27. The DRC 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. 24 par. 8 of the Regulations.

d. Costs

28. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which “Procedures are free of charge where at least one of the parties is a player, coach, football agent, or match agent”.

Accordingly, the Chamber decided that no procedural costs were to be imposed on the parties.

29. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25 par. 8 of the Procedural Rules, and decided that no procedural compensation shall be awarded in these proceedings.

30. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made by any of the parties. pg. 8

REF. FPSD-10215

IV. Decision of the Dispute Resolution Chamber

1. The claim of the Claimant, Zvonko Ceklić, is accepted.

2. The Respondent, FC Turan, must pay to the Claimant the following amounts: - KZT 7,018,000 net as outstanding remuneration plus interest p.a. as follows: - 5% interest p.a. over the amount KZT 4,800,000 of as from 23 July 2022 until the date of effective payment; - 5% interest p.a. over the amount KZT 554,500 of as from 1 October 2022 until the date of effective payment; - 5% interest p.a. over the amount KZT 554,500 of as from 1 November 2022 until the date of effective payment; - 5% interest p.a. over the amount KZT 554,500 of as from 1 December 2022 until the date of effective payment; - 5% interest p.a. over the amount KZT 554,500 of as from 1 January 2023 until the date of effective payment;

3. Full payment (including all applicable interest) shall be made to the bank account indicated in the

enclosed Bank Account Registration Form.

4. Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment (including all applicable interest) is not made within 45 days of notification of this decision, the following

consequences shall apply:

1. The Respondent shall be banned from registering any new players, either nationally or internationally, up until the due amount is paid. The maximum duration of the ban shall be of up to three entire and consecutive registration periods.

2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee in the event that full payment (including all applicable interest) is still not made by the end of the three entire and consecutive registration periods.

5. The consequences shall only be enforced at the request of the Claimant in accordance with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.

6. This decision is rendered without costs.

7. A warning is imposed on the Respondent

For the Football Tribunal: Emilio García Silvero Chief Legal & Compliance Officer pg. 9

REF. FPSD-10215

NOTE RELATED TO THE APPEAL PROCEDURE: According to article 57 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 17 of the Procedural Rules Governing the Football Tribunal).

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 pg. 10