FIFA - Decisión disputa Mateli 07062023

REF. FPSD-9743

Decision of the Dispute Resolution Chamber passed on 7 June 2023 regarding an employment-related dispute concerning the player Arens Mateli BY: Jorge Gutiérrez, Costa Rica

CLAIMANT:

Arens Mateli, Albania

RESPONDENT:

FK Prishtina, Kosovo pg. 2

REF. FPSD-9743

I. Facts of the case

1. On 9 August 2022, the Albanian player, Arens Mateli (hereinafter: the player or the Claimant) and the Kosovar club, FK Prishtina (hereinafter: the club or the Respondent) concluded an employment contract valid as from 10 August 2022 until 31 May 2023 (hereinafter: the

Employment Contract).

2. Articles 7, 8 and 9 of the Employment Contract read as follows:

“Article 7 The salary of [the player] starting from 10/08/2022 until 31/05/2024 amounts to EUR 1,000 gross salary per month. The player is eligible to the addition amounting to EUR 150 per month assigned for expenses and accommodation. The article’s benefits could either increase or decrease depending on the Club’s results and in compliance with the Club’s regulation. Article 8 All the payments (beneficiaries) are specified and defined in accordance to the Club’s regulation and expressed in gross payments. Article 9 Upon payment of beneficiaries, the Club’s financial services is obliged to offer to the player the written profit calculation The player wage is not public”.

3. On 13 January 2023, the player signed a declaration stating as follows: “SUBJECT: Request for termination of contract Arens Mateli.

I AM A PLAYER WITH A VALID CONTRACT WITH PROT. NO. 69/22 DATED 10.08.2022 WITH

FC Prishtina L.L.C. in Prishtina. Starting today, I voluntarily request the termination of my contract because I am

intending to move to another club where the competition is lower, so that I can play in the first team. I wish further success to the club in future competitions”. pg. 3

REF. FPSD-9743

4. On or around 13 January 2023, the player and the club entered into the Agreement on early termination of contract (hereinafter: the Termination Agreement) stating inter alia as follows: “1. [The player] does not have any obligation versus the club as per the signed contract starting from the date 13/01/2022. 2. [The club] is obliged to pay the full monthly salary of December 2022 to [the player] and 50 percent of payment for the period January 2023 to 31 May 2023”.

5. On 23 February 2023, the player put the club in default of payment of EUR 2,510 as the outstanding salaries per the Termination Agreement within the following 10 days.

6. On 24 February 2023, the club replied to the player and stated as follows (quoted verbatim): “After collecting the information from the finance department. Following payments as per evidence attached are executed to Mr. Mateli; Advance payments for accommodation 1,150 euro; Payments according to termination agreement 2,500 euro.

Salary of Mr. Mateli is 922 euro neto. He has been paid salaries from August 2022 to November 2022 in full. He has received 1,150 euro advance payment for accommodation. According to contract allowance for accommodation is 150 euro per month. Mr. Mateli stayed in the apartment for 6 months which is 900 euro. 150 are remaining deposit. Remaining amount of 100 euro will be deducted from final payment. Final payment to be executed is 727 euro. from this amount a deduction of 100 euro applies as remaining amount from advance payment. Therefore, due payment for Mr. Mateli is 627 euro not 1008 as i initially mentioned.

This amount will be paid to Mr. Mateli by the end of February 2023 although there are ne dates set in the agreement.”

II. Proceedings before FIFA

7. On 25 March 2023, the player filed the claim at hand before FIFA. A brief summary of the position of the parties is detailed in continuation.

a. Claim of the player

8. According to the player, he only received EUR 4,989.94 out of the EUR 7,500 due for the duration of the Employment Contract, hence that he should be entitled to the outstanding pg. 4

REF. FPSD-9743 balance. In particular, he requested to be awarded EUR 2,510, plus interest as from the respective due dates. b. Reply of the club

9. On 5 May 2023, the club filed its answer to the player’s claim.

10. Initially, the club highlighted that in line with the Employment Contract, the salaries due to the player were calculated gross, entailing that it should withhold the corresponding taxes in line with Kosovar law. Consequently, it pointed out that the player’s salary amounted to EUR 922 net.

11. Given the above, the club explained that the total amount that should have been paid to the club for the duration of the Employment Contract was EUR 7,666.60 broken down as follows: • EUR 4,611 as salaries between August and December 2022; • EUR 750 as accommodation allowance between August and December 2022; and • EUR 2,305.50 as 50% of the salaries between January and May 2023.

12. Furthermore, the club claimed that it has no financial debt towards the player as the total amount of EUR 7,689.14 was delivered to the player. In support of this position, the club filed several proofs of payments made to the player.

13. In conclusion, the club argued that the claim of the player should be entirely rejected.

c. Additional comments of the player

14. On 11 May 2023, the player filed additional comments regarding the proof of payment filed

by the club together with its reply.

15. Accordingly, he acknowledged receipt of a payment of EUR 627 following the beginning of the proceedings before FIFA.

16. No further comments were made in connection to the other proof of payment filed by the club.

III. Considerations of the Dispute Resolution Chamber

a. Competence and applicable legal framework

17. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter also referred to as Single Judge) analysed whether he was competent to deal with the case at hand. In pg. 5

REF. FPSD-9743 this respect, he took note that the present matter was presented to FIFA on 25 March 2023 and submitted for decision on 7 June 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.

18. Subsequently, the Single Judge 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 par. 1 lit. b) of the Regulations on the Status and Transfer of Players (March 2022 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 an Albanian player and a Kosovar club.

19. Subsequently, the Single Judge analysed which regulations should be applicable as to the substance of the matter. In this respect, he 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 25 March 2023, the October 2022 edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to

the substance. b. Burden of proof

20. The Single Judge 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 Single Judge stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he 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

21. The competence and the applicable regulations having been established, the Single Judge entered into the merits of the dispute. In this respect, the Single Judge started by acknowledging all the above-mentioned facts as well as the arguments and the documentation on file. However, the Chamber emphasised that in the following considerations he will refer only to the facts, arguments, and documentary evidence, which he considered pertinent for the assessment of the matter at hand.

1. Main legal discussion and considerations

22. The foregoing having been established, the Single Judge moved to the substance of the matter and took note of the fact that it pertains to a claim for outstanding remuneration only, comprising both salaries and accommodation allowance. pg. 6

REF. FPSD-9743

23. According to the player, he would be entitled to a total remuneration of EUR 7,500 per the Employment Contract and the Termination Agreement, out of which he received only EUR 4,989.94, therefore arriving at a balance of EUR 2,510. The club, on the other hand, argued that the difference claimed by the player resides in conversion of the amounts from gross to net, as well as filed proof of payments allegedly corroborating that no residual debt exists.

24. In this context, the Single Judge turned his attention to the documentation on file and, in particular, to the wording of the Employment Contract. In doing so, he acknowledged that

such document is clear and unequivocal to determine that the player’s salary for the duration of their employment relationship amounted to EUR 1,000 gross. Furthermore, the club – as the player’s employee – would be liable to withhold the corresponding income tax and pay it directly to the competent authorities.

25. Having established the above, the Single Judge was also observant that the club provided convincing documentation demonstrating that, upon conversion and application of the national tax rates, such salary of EUR 1,000 gross would entitle the player to a salary of EUR 922.20 net. The Single Judge felt furthermore comforted with this conclusion while considering that this calculation was not specifically disputed by the player neither during the employment relationship nor in these proceedings, despite having the opportunity to do so.

26. In light of the above, the Single Judge concurred with the club’s position on the topic and deemed that the player should have received the following amounts for the duration of their contractual relationship: • EUR 4,611 net between August and December 2022; • EUR 2,305.50 net between January and May 2023 (50%); • TOTAL for salaries: EUR 6,916.50 net • In addition: EUR 750 as accommodation allowance from August until December 2022 (i.e., EUR 150 per month).

27. In parallel, the Single Judge carefully analysed the proofs of payment filed by the club in combination with the allegations of the parties. As such, he observed that the following

amounts were paid: Date Amount Reference 17 August 2022 EUR 400 (in cash) August 2022 (advance payment) 16 September 2022 EUR 645.54 August 2022 26 September 2022 EUR 300 Rent (advance payment) 28 October 2022 EUR 150 Rent 8 November 2022 EUR 922.20 September 2022 pg. 7 REF. FPSD-9743 14 December 2022 EUR 50 Rent 14 December 2022 EUR 100 (in cash) Rent

22 December 2022 EUR 922.20 October 2022 30 December 2022 EUR 922.20 November 2022 10 January 2023 EUR 150 Rent 13 January 2023 EUR 1,500 Termination Agreement 1 February 2023 EUR 1,000 Termination Agreement 7 April 2023 EUR 627 Termination Agreement TOTAL (salaries) EUR 6,939.14 TOTAL (rent) EUR 750

28. While analysing the claim, the Single Judge noted that not all the abovementioned amounts were taken into consideration into the player’s calculation, especially the ones made in cash. Nevertheless, he was of the opinion that all the transactions were sufficiently proved by the documentation advanced by the club (cf. art. 11, par. 5 of the Procedural Rules).

29. In particular, the Single Judge found it decisive the club produced an official banking extract supporting the wire transfers, as well as cash receipts signed by the player for the two payments in cash. Furthermore, none of those documents was challenged specifically by the player, who limited himself to reiterate his own calculation without providing any explanation or counterevidence, hence without meeting his own burden of proof.

30. On this note and while comparing the amounts due to the player under the Employment Contract and the Termination Agreement to the amounts effectively paid by the club, the Single Judge decided that no remuneration is outstanding.

31. Consequently, the Single Judge concluded that the claim of the player shall be rejected.

32. For the sake of completeness and bearing in mind the club’s liability to withhold and pay taxes, the Single Judge wished to outline that in case the player incurs in any additional costs before tax authorities in connection with the amounts stipulated in the Employment Contract and the Termination Agreement, he would be entitled to seek relief against the club before the competent courts.

d. Costs

33. The Single Judge 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 Single Judge decided that no procedural costs were to be imposed on the parties. pg. 8

REF. FPSD-9743

34. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art. 25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be awarded in these proceedings. pg. 9

REF. FPSD-9743

IV. Decision of the Dispute Resolution Chamber

1. The claim of the Claimant, Arens Mateli, is rejected.

2. This decision is rendered without costs.

For the Football Tribunal: Emilio García Silvero Chief Legal & Compliance Officer pg. 10

REF. FPSD-9743

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. 11