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Hard hit! Honduran Rubilio Castillo is discarded by Deportivo Pasto, FIFA sentences him to pay a millionaire amount to the Chinese club

2022-08-17

The bad news does not end for Rubilio Castillo, who had been announced as a reinforcement for Deportivo Pasto of the First Division of Colombia, but had not managed to be registered due to legal problems.

After such a long wait and without being able to debut in the coffee league, the Honduran player has terminated his contract with the club, after Castillo had an unresolved legal matter with the Chinese team Natong Zhiyun FC.

It should be remembered that Rubilio was sued by Natong Zhiyun FC after knowing the sanction of the most important entity in world football, FIFA.

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The legal link between the Chinese team and the Honduran attacker occurred since December 2018, where they signed a “pre-contract” valid from January 2019 to December 2021, that is, for 3 years.

FIFA DOCUMENT ON THE HONDURAN PLAYER

On December 29, 2018, the Honduran player Román Rubilio Castillo Álvarez and the Chinese club, Nantong Zhiyun FC, entered into an agreement called “pre-employment contract”, valid from January 2019 to December 2021, that is, for 3 years. ”

Under the heading “base salary”, the contract provides for the player’s annual fixed income. remuneration, amounting to USD 400,000 net, being payable for the first year as follows: USD 50,000 net within 5 days of signing the pre-contract; USD 350,000 net in 12 months with an average monthly salary of USD 29,167 net.

In her request for relief, the Claimant requested that she be awarded damages for breach of contract in the amount of USD 1,200,000 (400,000*3) corresponding to the total/residual value of the contract.

DECISION OF THE DISPUTE RESOLUTION CHAMBER

The Dispute Resolution Chamber got to the bottom of the matter. In doing so, he began to acknowledge the facts of the case. as well as the documents contained in the file. However, the Conflict Resolution Chamber emphasized that in the following considerations it will refer only to facts, arguments and documentary evidence that it considered pertinent for the assessment of the matter at hand.

In particular, the Chamber noted that the player unilaterally terminated the contract on January 21, 2019 because he apparently refused to undergo a medical examination (cf. point I.4 to I.8 for the specific sequence of events).

For the sake of completeness, the Chamber noted that the player signed a contract with CD Saprissa only 7 days after the termination (cf. point I.12 above). In the opinion of the Chamber, this circumstance reveals that the player was not interested in continuing his career with Nantong Zhiyun FC, as we were looking for other opportunities in a short period of time.

Based on the documentation provided by the parties, it appears that under the player’s employment contract with Nantong Zhiyun FC, the player would receive the full amount of USD 350,000 for one season (cf. item I.3 above).

On the other hand, the value of the new employment contract, concluded between the player and the intervening party, which apparently was in force only until mid-July 2019, had a value of USD 86,076 (15,650*5.5, February 2019). 2019 to mid-July 2019).

Consequently, under the aforementioned employment contracts with said clubs, the player would receive an approximate average income of USD 218,000 per year (ie USD 350,000 + 86,076 / 2). The Chamber understood that said amount will serve as compensation payable in view of its long-standing jurisprudence for comparable cases.

Consequently, based on the foregoing considerations, the Chamber decided that the player must pay the amount of USD 218,000 (about 5.3 million lempiras) to Nantong Zhiyun FC as compensation for breach of contract. Likewise, the Intervening Party, under the terms of art. 17 para. 2 of the Regulation, is jointly and severally liable for the payment of the corresponding compensation.

However, the Board also wished to consider whether, at the termination date, Nantong FC had any outstanding liability to the player.

In this regard, the Chamber pointed out that, according to the contract, the player was entitled to an amount of USD 50,000 net within 5 days of signing it.

However, the Chamber observed that no evidence was provided on the payment of that amount.

In this sense, the granting of compensation in favor of the injured party has proven to be an efficient means and has always found wide acceptance since it guarantees that the fundamental principle of respect for contracts is duly taken into account.

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