Labour Disputes
Texto da decisão
REF. FPSD-XXXX
Decision of the
Dispute Resolution Chamber
passed on 9 December 2025
regarding an employment-related dispute concerning the player Player A
BY:
Stella MARIS JUNCOS, Argentina
CLAIMANT:
Player A, Country A
Represented by Lawyer A
RESPONDENT:
Club A, Country B
pg. 2
REF. FPSD-XXXX
I. Facts of the case
1.
On 20 January 2023, the Country A player Player A (hereinafter: the Player or the Claimant)
and the Country B club Club A (hereinafter: the Club or the Respondent) entered into an
employment contract (hereinafter: the Contract) valid as from the date of signature until
20 November 2023.
2.
On 31 August 2023, the Club entered into an agreement with its coaching staff and main
team, which was also signed by the Player, regarding conditional bonuses for the main
team at the end of the 2023 season (hereinafter: the Bonus Agreement).
3.
The Bonus Agreement provided as follows, quoted verbatim:
“1. 1. The "Parties" have agreed to establish conditional incentive bonuses (bonuses) for the
Main Team and the Coaching Staff at the end of the 2023 season:
1.1. If the team takes 1st place in the Football Championship of Country B among Country B
League clubs of the 2023 season, the Club undertakes to pay bonuses to the players of the
Main Team and the Coaching Staff in the amount of 400,000,000 (four hundred million)
Country B Currency (net, net).
1.2. If the team becomes the owner of the Country B Football Cup for the 2023 season, the
Club undertakes to pay the players of the Main Team and the Coaching Staff bonuses in the
amount of 200,000,000 (two hundred million) Country B Currency (net, net).
2. In the event of the occurrence of the conditional situations specified in paragraph 1 of this
Agreement the Club undertakes to pay the appropriate amounts to the players of the Main
Team and the Coaching Staff by March 31, 2024.”
4.
On 8 January 2024, the Player and the Club entered into a second employment contract
(hereinafter: the Contract 2) valid as from the date of signature until 10 November 2024.
5.
On 8 November 2024, the Player and the Club entered into a termination agreement for
the termination of the Contract 2 (hereinafter: the Termination Agreement). The Termination
Agreement provided as follows, quoted verbatim:
“1.1. The "Parties" came to an agreement on the early termination of the Contract
(employment contract) by mutual agreement from November 10, 2024.
1.2. The "Parties" have come to an agreement that the Employer will pay the Employee wages
for October in full and November from November 1 to November 10, 2024, as well as all
compensation payments for unused days of vacation and all bonus in the amount of
13,578,807 (Thirteen million five hundred seventy- eight thousand eight hundred and seven)
Country B Currency (net) until December 31, 2024.
pg. 3
REF. FPSD-XXXX
1.3. The "Parties" confirm that the Employer (Club) has no debt to the Employee (Player) other
than the amounts specified in paragraph 1.2 of this Agreement.
1.4. The "Parties" have come to an agreement that under the Contract (employment
agreement) the Parties have no claims against each other and do not claim other amounts
for early termination, including compensation payments for unused days of vacation and all
bonus payments.”
II. Proceedings before FIFA
6.
On 12 August 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Claimant
7.
According to the Player, the Club finished the 2023 season in first place in the Country B
League, thereby satisfying the condition under clause 1.1 of the Bonus Agreement.
8.
Therefore, the Player argued that the Respondent failed to comply with the terms of the
Bonus Agreement for over a year, in violation of the principle of pacta sunt servanda and
art. 12bis of the Regulations on the Status and Transfer of Players (hereinafter: the
Regulations) as the relevant condition of winning the league had been met, however, no
payment in respect of the relevant bonus has been made to him.
9.
As to the calculation of the bonus per se, the Player argued that since the Bonus Agreement
did not specify any division of the stipulated amount, clause 1.1 must be interpreted by
dividing the total amount of Country B Currency 400,000,000 by 27, i.e., the number of
signatories to the Bonus Agreement. Therefore, the Player argued that the bonus
amounting to Country B Currency 14,814,814.81 net has been overdue from the Club
since 31 March 2024.
10. The Player submitted that this approach has been accepted by the FIFA Tribunal in the
previous cases of FPSD-xxxxx and FPSD-xxxx wherein the claims of Mr. Player B, former
player of the Club, and Mr. Coach A, former coach of the Club (both the signatories of the
Bonus Agreement), respectively, were accepted in full and the Club was obliged to pay
each of them Country B Currency 14,814,814.81 net as outstanding bonus payment under
the Bonus Agreement.
11. Finally, the Player argued that he is unaware of any waiver signed by him with respect to
the bonus amount and even if such a waiver exists, it would contravene the mandatory
provisions of Swiss employment law (cf. art. 341(1) of the Swiss Code of Obligations (SCO))
as the bonus amount is to be considered as part of the Player’s earned salary for the 2023
season.
pg. 4
REF. FPSD-XXXX
12. Consequently, the Claimant’s requests for relief, were the following, quoted verbatim:
“1. The claim of the Claimant, Mr. Player A, is accepted.
2. The Respondent, Club B, Country B, has to pay to the Claimant, Mr. Player A, the amount
of Country B Currency 14 814 814.81 net as outstanding bonus payment, plus 5% interest
p.a. as from 1 April 2024 until the date of effective payment.”
b. Reply of the Respondent
13. In its reply, the Respondent argued that the claim of the Player is unfounded as all mutual
rights and obligations between the Player and the Club were definitively and
comprehensively settled by the Termination Agreement entered into between the parties.
14. The Club argued that pursuant the Termination Agreement:
a.
the Club undertook to pay the Player’s salary, compensation for unused vacation and
all bonus payments in the total amount of Country B Currency 13,578,807 net;
b.
the parties confirmed that the Club has no other debts towards the Player; and
c.
the Player voluntarily confirmed that he has no further claims, including bonuses,
against the Club.
15. Therefore, the Club argued that the FIFA Tribunal should uphold the validity of the
Termination Agreement as:
a.
It was voluntarily signed by the Player without coercion;
b.
The Termination Agreement consisted of reciprocal concessions and was not a
unilateral waiver of salaries; and
c.
Bonuses are in any event not considered as guaranteed salary.
16. Consequently, the Respondent requested the Football Tribunal to dismiss the claim in its
entirety.
c. Additional comments of the Claimant
17. The Claimant rejected the arguments of the Respondent and stated that the Termination
Agreement was entered into only in relation to the Contract 2, as provided clearly in the
heading and clause 1.4 of the Termination Agreement. Therefore, the Player argued that
pg. 5
REF. FPSD-XXXX
this cannot be considered as a valid waiver of the Player’s bonuses earned under the Bonus
Agreement valid in the previous season of 2023.
18. The Player further argued that art. 341 of the SCO is applicable in the present case, as the
‘significant settlement’ constituting reciprocal concessions as alleged by the Respondent
only consisted of salaries already owed by the Club to the Player.
19. Therefore, the Player reiterated his requests for relief.
pg. 6
REF. FPSD-XXXX
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
20. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether she was competent to deal with the case at hand. In this respect, she
took note that the present matter was presented to FIFA on 12 August 2025 and submitted
for decision on 9 December 2025. Taking into account the wording of arts. 31 and 34 of the
January 2025 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.
21. Furthermore, 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 (July 2025 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 Country A player and a Country B club.
22. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, she confirmed that, in accordance with art. 29 of
the Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
23. 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 she 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
24. Having established the competence and the applicable regulations, 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 Single Judge emphasised that in the following
considerations she will refer only to the facts, arguments and documentary evidence,
which she considered pertinent for assessing the matter at hand.
pg. 7
REF. FPSD-XXXX
i. Main legal discussion and considerations
25. The Single Judge then moved to the substance of the matter and took note of the fact that
the parties strongly dispute the payment of certain financial obligations by the Respondent
as per the Bonus Agreement, namely Country B Currency 14,814,814.81 net as the
collective bonus due to the Player.
26. In this context, the Single Judge recalled that according to the Player, the Club failed to
make payments amounting to Country B Currency 14,814,814.81 net due under the
Bonus Agreement for over a year and the Termination Agreement is not relevant to the
present case as it was executed solely in relation to the obligations of the Club under
Contract 2.
27. The Single Judge noted that the Respondent, on the other hand, did not contest the amount
of bonus due under the Bonus Agreement and its non-payment and instead argued that
all mutual rights and obligations between the Player and the Club under the Bonus
Agreement, including the bonus payments, were definitively and comprehensively settled
by the Termination Agreement entered into between the parties.
28. In this context, the Single Judge acknowledged that her task was to determine, based on
the evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
29. The Single Judge noted that in the case at hand, as the Respondent did not dispute the
validity of the Bonus Agreement or the amount due under the same to the Player, the
Respondent bore the burden of proving that it indeed complied with the financial terms of
the Bonus Agreement concluded between the parties, or of providing a valid justification
for the non-payment. However, the Single Judge acknowledged that the Respondent failed
to do so.
30. With respect to the foregoing, the Single Judge emphasised that the Termination
Agreement is clearly titled “Termination agreement to the Labor Agreement #27 dated January
8, 2024” and under the Termination Agreement, the term ‘Employment Agreement’ is
defined as “Employment Contract No. 27 dated January 8, 2024”. Further, the Single Judge
noted that clauses 1.1 and 1.4 of the Termination Agreement referred only to the
termination of the above defined ‘Employment Contract’ and settlement of dues/ claims
under the said contract. Therefore, the Single Judge highlighted that there is no reference
to the Contract or the Bonus Agreement in the Termination Agreement.
31. In light of the above, the Single Judge observed that while the Respondent argued that the
Termination Agreement constituted a settlement of all obligations including the bonus
payments under the Bonus Agreement, it has failed to provide evidence of the same,
therefore failing to discharge its burden of proof required under art. 13 par. 5 of the
Procedural Rules.
pg. 8
REF. FPSD-XXXX
32. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Respondent is liable to pay to the Claimant the amounts
which were outstanding under the Bonus Agreement, i.e. Country B Currency
14,814,814.81 net (Country B Currency 400,000,000 split evenly between the signatories).
33. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Single Judge decided to award the Claimant
interest at the rate of 5% p.a. on the outstanding amounts as from 1 April 2024 until the
date of effective payment.
ii. Compliance with monetary decisions
34. Finally, taking into account the applicable Regulations, the Single Judge 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.
35. In this regard, the Single Judge 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.
36. Therefore, bearing in mind the above, the Single Judge 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.
37. 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.
38. The Single Judge 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
pg. 9
REF. FPSD-XXXX
39. 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.
40. 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.
41. Lastly, the Single Judge concluded her deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 10
REF. FPSD-XXXX
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Player A, is accepted.
2.
The Respondent, Club A, must pay to the Claimant the following amount(s):
- Country B Currency 14,814,814.81 net as outstanding remuneration plus 5% interest
p.a. as from 1 April 2024 until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
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.
6.
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.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 11
REF. FPSD-XXXX
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 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., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
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396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 12