Labour Disputes
Texto da decisão
REF. FPSD-XXXX
Decision of the
Dispute Resolution Chamber
passed on 16 December 2025
regarding an employment-related dispute concerning the player Player A
COMPOSITION:
Martín AULETTA (Argentina), Deputy Chairperson
Jorge GUTIÉRREZ (Costa Rica), Member
Stella MARIS JUNCOS (Argentina), Member
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 5 July 2023, the Country A player Player A (hereinafter: the Claimant or the Player) 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 5
November 2024.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant inter
alia a monthly net salary of Country B Currency 1,800,000.
3.
On 31 August 2023, the Respondent, its coaching staff and its players (including the
Claimant) signed an additional agreement (hereinafter: the Bonus Agreement).
4.
According to the Bonus Agreement, the Respondent undertook to pay all of its signatories
a bonus of Country B Currency 400,000,000 by no later than 31 March 2024, provided that
the Respondent would achieve 1st place in the Country B League.
5.
On 15 October 2024, the Claimant and the Respondent signed an addendum to the
Contract (hereinafter: the Addendum), whereby the duration of the Contract was extended
until 11 November 2024.
6.
On 8 November 2024, the Claimant and the Respondent entered into a mutual termination
agreement (hereinafter: the Termination Agreement), providing for the termination of the
Contract as of 10 November 2024.
7.
The Termination Agreement provided, inter alia, the following (quoted verbatim):
“1.2. The “Parties” have come to an agreement that the [Respondent] will pay the [Claimant]
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 payments in the
amount of Country B Currency 22,424,285 (Twenty-two million four hundred twenty-four
thousand two hundred eighty-five) Country B Currency (net) until December 31, 2024.
1.3. The “Parties” confirm that the [Respondent] has no debt to the [Claimant] 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
pg. 3
REF. FPSD-XXXX
8.
On 3 July 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
9.
In his claim, the Claimant argued that the Respondent failed to pay him the collective bonus
which had been agreed upon in the Bonus Agreement (i.e., Country B Currency
400,000,000 to be split evenly between the signatories).
10. The Claimant further submitted that the condition set out in the Bonus Agreement was
achieved beyond dispute.
11. Based on his calculation, the Claimant claimed to be entitled to Country B Currency
14,814,814.81 net.
12. The Claimant invoked the principle of pacta sunt servanda.
13. 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 A, 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
14. In its reply, the Respondent argued that the Claimant’s request for payment is unfounded.
15. In particular, the Respondent asserted that it had concluded the Termination Agreement,
pursuant to which it undertook to pay the Claimant all outstanding amounts, including
salaries, unaccrued paid holidays, and bonuses, by no later than 31 December 2024.
16. In addition, the Respondent pointed out that the bonus payment from the Bonus
Agreement was included in such amount – i.e., Country B Currency 22,424,285. Beyond
this amount, the Respondent emphasised that the Claimant had acknowledged that he
had no further entitlements from the Respondent.
17. Finally, the Respondent stated that it had made the payments stipulated under the
Termination Agreement with instalments from December 2024 and February 2025
respectively.
18. Based on all of the above, the Respondent requested the claim to be rejected.
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REF. FPSD-XXXX
c. Additional comments of the Claimant
19. On 16 October 2025, the FIFA General Secretariat requested the Claimant to provide his
comments on the reply filed by the Respondent by no later than 23 October 2025.
20. On 24 October 2025, the Claimant submitted his comments.
21. On 4 December 2025, the FIFA General Secretariat informed the parties that, in accordance
with art. 11 par. 4 of the Procedural Rules Governing the Football Tribunal (hereinafter: the
Procedural Rules), the Claimant’s correspondence of 24 October 2025 was disregarded.
pg. 5
REF. FPSD-XXXX
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
22. First of all, the Dispute Resolution Chamber (hereinafter: the 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 3 July 2025 and submitted for decision on 16
December 2025. Taking into account the wording of arts. 31 and 34 of the January 2025
edition of the Procedural Rules, the aforementioned edition of the Procedural Rules is
applicable to the matter at hand.
23. Furthermore, 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 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: 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.
24. 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. 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
25. 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
26. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber 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 it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
i. Main legal discussion and considerations
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REF. FPSD-XXXX
27. The Chamber then moved to the substance of the matter, and took note of the fact that it
concerns a claim for outstanding remuneration arising from the Bonus Agreement.
28. The Chamber noted that according to the Claimant, the Respondent failed to remit
14,814,814.81 net as the collective bonus, despite the relevant condition being achieved
under the Bonus Agreement.
29. On the other hand, the Chamber noted that the Respondent argued that it had not only
complied with the request, but that this amount was recognised as having been paid by
virtue of the Termination Agreement. In particular, the Respondent submitted that the
wording of such document indicates that any bonuses which were previously outstanding
are included in the principal amount indicated therein. As a result, the Respondent
requested for the claim to be rejected.
30. In this context, the Chamber acknowledged that its 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.
31. The Chamber 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 Claimant, the
Respondent bore the burden of proving that it indeed complied with the financial terms of
the Bonus Agreement concluded between the parties. However, the Chamber
acknowledged that the Respondent failed to do so.
32. In this context, the Chamber took note that the Termination Agreement is clearly titled
“Termination agreement to the Labor Agreement #123 dated July 5, 2023” and under the
Termination Agreement, the term ‘Employment Agreement’ is defined as “Employment
Contract No. 123 dated July 5, 2023”.
33. The Chamber further 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
and/or claims under the said contract. Therefore, the Chamber highlighted that there is no
reference to the Bonus Agreement in the Termination Agreement.
34. In light of the above, the Chamber concluded 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
including even a breakdown of the amounts paid, therefore failing to discharge its burden
of proof required under art. 13 para 5 of the Procedural Rules.
35. For the sake of completeness, the Chamber also noted that the proof of payments
submitted by the Respondent did not correspond to the amount mentioned under the
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REF. FPSD-XXXX
Termination Agreement and the Respondent has failed to provide any breakdown or
explanation in this regard.
36. Therefore, the Chamber was of the opinion that it was unable to concretely conclude that
the amounts stipulated under the Termination Agreement were indeed duly paid by the
Respondent.
37. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
38. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Claimant, is equivalent to the bonus
payment under the Bonus Agreement, amounting to Country B Currency 14,814,814.81
net (Country B Currency 400,000,000 split evenly between the signatories).
39. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber 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.
40. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Chamber 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
41. 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.
42. 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.
43. 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.
pg. 8
REF. FPSD-XXXX
44. 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.
45. 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
46. 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.
47. 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.
48. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 9
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
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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
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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