Labour Disputes
Texto da decisão
REF. FPSD-18545
Decision of the
Dispute Resolution Chamber
passed on 18 July 2025
regarding an employment-related dispute concerning the player
Yacine Bammou
COMPOSITION:
Martín AULETTA (Argentina), Chairperson
Sihon GAUCI (Malta), Member
Calum BEATTIE (Scotland), Member
CLAIMANT:
Yacine Bammou, Morocco
Represented by Selçuk Demir
RESPONDENT:
Guangxi Pingguo Haliao Football Club, China PR
Represented by Daniel Muñoz Sirera
pg. 2
REF. FPSD-18545
I. Facts of the case
1.
At an unspecified date, the Moroccan player, Yacine Bammou (hereinafter: the Player or the
Claimant), and the Chinese club, Guangxi Pingguo Haliao Football Club (hereinafter: the Club
or the Respondent), jointly referred hereinafter as the Parties, entered into an employment
contract (hereinafter: the Employment Agreement) valid as from 1 January 2024 until 31
December 2025.
2.
On January 1, 2024, the Player’s agent and the Club signed a Consulting Service Contract
(hereinafter: the Consulting Contract).
3.
On 6 August 2024, the Parties signed a settlement agreement (hereinafter: the Settlement
Agreement), which provides, quoted verbatim:
‘’ The Parties, after equal negotiation, conclude the following clauses to prematurely
terminate the EMPLOYMENT CONTRACT FOR PROFESSIONAL FOOTBALL PLAYER (hereinafter:
the CONTRACT) signed by and between the Parties on 1 Jan. 2024:
1.
The CONTRACT is terminated on 5 August 2024
2.
Party A [the Club] shall pay Party B [the Player] compensation amounting RMB
1.592.025 (in words: one million five hundred ninety two thousand twenty five)
after tax, which includes the salary and bonus (if any) before the termination of
the CONTRACT payable by Party A to Party B, and the compensation for
premature termination of the CONTRACT. In addition. Party A commits to make
the balance payment amounting USD 110,000 (in words: USD one hundred ten
thousand, hereinafter: the Service Fee) to Party B’s Agent, SHANTOU SEPTMILLE
Sports&Culture Ltd, according to the Consulting Service Contract signed by and
between Party A and Party B’s Agent. Party A can pay the Service fee in RMB at
the rate of the payment day.
3.
The aforesaid compensation to Party B and Service Fee to Party B’s Agent shall
be paid in the following installments as follows:
Amount
Payment Time (no later than)
RMB 530,675
2024 8 31
RMB 180,675
2024 9 30
USD 50,000 (to Agent)
2024 9 30
RMB 530,675
2024 11 30
RMB 350.000
2025 1 31
31 August 2024
30 September
2024
30 September
2024
30 November
2024
31 January
2025
pg. 3
REF. FPSD-18545
USD 60,000 (to Agent)
2025 1 31
31 January
2025
4.
The aforementioned compensation shall be paid to Party B's bank account in
China. The aforementioned Service Fee shall be paid to the bank account of Party
B’s Agent in China. In the event of non-payment of any of the installments by the
due dates, a penalty of 10% of the amount due shall be payable by Party A to
Party B, without prior formal notice being served. If Party A fails to pay the Service
fee to Party B’s Agent, Party B is entitled to claim for the Service fee from Party A
directly before FIFA DRC. In addition, if Party B’s agent fails to pay the aforesaid
USD 110,000 to Party B within 7 working days after receipt of the same amount
from Party A. Party B shall also be entitled to claim for such amount from Party
A before FIFA DRC.’’
4.
On 5 October 2024, the Player put the Club in default of payment of RMB 180,675 and
USD 50,000 payable to his agent, which were due on 30 September 2024 as per the
Settlement Agreement, as well as a 10% penalty fee. The Player set a time limit of 48 hours
expiring on 2 October 2024, in order for the Club to remedy its default.
5.
On 3 January 2025, the Player once again put the Club in default of payment of RMB 530,675
and USD 50,000 payable to his agent, which were due on 30 November 2024 as per the
Settlement Agreement, as well as a 10% penalty fee. The Player set a time limit of 48 hours
expiring on 5 January 2025, in order for the Club to remedy its default.
II. Proceedings before FIFA
6.
On 11 March 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Claimant
7.
The Player alleged that he signed the Employment Agreement with the Club valid from 1
January 2024 until 31 December 2025. He also mentions that the Consulting Contract
signed by his agent on 1 January 2024 was meant, in reality, to supplement his
remuneration in a roundabout way.
8.
He mentioned that in July 2024, the Club started defaulting on its payment obligations and
that it invited the Player to find a club that would accept him on loan.
9.
The Player affirmed that the parties finally agreed to terminate amicably the Employment
Agreement by signing the Settlement Agreement, on 6 August 2024.
pg. 4
REF. FPSD-18545
10. The Player submitted that the Club failed to perform its payment obligations under the
Settlement Agreement despite notices of default sent on 5 October 2024 and 3 January
2025.
11. The Player asserted that considering the Club’s default regarding performance of its
obligations under the Settlement Agreement, the Club should be condemned to pay the
residual value of the employment contract namely RMB 2,190,000 for the salaries of July,
August, September, October, November and December 2024 as well as USD 150,000 under
the Consulting Contract, and RMB 5,110,000 equivalent to the salaries for the 2025 season.
12. The Player also claims RMB 2,555,000 equivalent to 6 months of salary, as additional
penalty for the “prejudice” he allegedly suffered because of the Club.
13. The Player’s requests for relief, were the following, quoted verbatim:
“Vu le Règlement du statut et du transfert des joueurs
Il est demandé au Tribunal du Football et à la Chambre de résolution des litiges de
la FIFA de:
DIRE ET JUGER la requête de Monsieur Yacine BAMMOU recevable et bien fondée
CONDAMNER le club de GUANGXI PINGGUO à payer à Monsieur BAMMOU le total
de 7 300 000 RMB et 150 000 dollars, correspondant aux rémunérations suivantes,
selon listing joint :
•
2 190 000 RMB (salaires de juillet à décembre 2024) et 150 000 dollars (au
titre du contrat de service avec l’agent)
•
5 110 000 RMB pour la saison 2025
CONDAMNER le Club de GUANGXI PINGGUO à payer à Monsieur BAMMOU la somme
de 2 555 000 RMB au titre des dommages et intérêts suite au non-respect desdites
conventions;
DIRE qu’à défaut de paiement de l'ensemble des condamnations dans les 30 jours
suivant la notification de la décision à intervenir, les sommes porteront intérêt au
taux de 5% l'an;
DIRE qu'à défaut de paiement de l'ensemble des condamnations dans les 30 jours
suivant la notification de la décision à intervenir, l'affaire sera soumise à la
Commission de Discipline de la FIFA en vue d'une sanction à l'encontre du Club de
GUANGXI PINGGUO ;
CONDAMNER le Club de GUANGXI PINGGUO à une interdiction de recrutement pour
une durée de trois périodes d'enregistrement à compter de la notification de la
pg. 5
REF. FPSD-18545
décision à intervenir, ainsi qu’à des sanctions sportives de perte de points.’’
(Freely translated to English)
‘’Considering the Regulations on the Status and Transfer of Players
The Football Tribunal and the FIFA Dispute Resolution Chamber are requested to:
DECLARE AND JUDGE the request of Mr. Yacine BAMMOU admissible and wellfounded
ORDER the GUANGXI PINGGUO club to pay Mr. BAMMOU the total of 7,300,000 RMB
and 150,000 dollars, corresponding to the following remuneration, according to the
attached listing:
• RMB 2,190,000 (salaries from July to December 2024) and USD 150,000
(under the service contract with the agent)
• 5,110,000 RMB for the 2025 season
ORDER the GUANGXI PINGGUO Club to pay Mr. BAMMOU the sum of 2,555,000 RMB
in damages following the non-compliance with the said agreements;
DECLARE that in the absence of payment of all the sentences within 30 days of the
notification of the decision to be made, the sums will bear interest at the rate of 5%
per annum;
DECLARE that in the absence of payment of all the convictions within 30 days of the
notification of the decision to be made, the case will be submitted to the FIFA
Disciplinary Committee for sanction against the GUANGXI PINGGUO Club;
CONDEMN the GUANGXI PINGGUO Club to a ban on recruitment for a period of three
registration periods from the notification of the decision to be taken, as well as to
sporting sanctions of loss of points.”
b. Position of the Respondent
14. In its reply, the Club mentioned that the request for relief of the Player is unfounded, as it
seemingly attempted to claim compensation for breach of contract based on the
Employment Agreement, despite this agreement having been terminated on 5 August 2024
by virtue of the Settlement Agreement.
pg. 6
REF. FPSD-18545
15. The Club affirmed that the Settlement Agreement remained valid and binding, and the
attempt by the Player to declare it null and void because of the default of payment of the
Club is “nonsensical”.
16. The Club recalled that the Settlement Agreement remained valid and binding, that it
superseded the Employment Agreement and that it novated the amounts owed by the Club
to the Player, as the Settlement Agreement declared the Employment Agreement and the
Consulting Contract terminated as of 5 August 2024.
17. Invoking the Settlement Agreement and relying on the principle of pacta sunt servanda, the
Club stated that the Player is precluded from claiming amounts under the Employment
Agreement, as it was terminated.
18. The Club asserted that Player’s claim of amounts due under the Employment Agreement
despite its termination is akin to bad faith conduct and contradicted the principle of venire
contra factum proprium.
19. The Club therefore restated that the Player should not be granted compensation, and that
since no breach of contract occurred the Club cannot be imposed sporting sanctions.
20. The Club’s requests for relief, were the following, quoted verbatim:
“
1.To accept the present Answer filed by GUANGXI PINGGUO HALIAO FOOTBALL
CLUB against the Claim filed by YACINE BAMMOU.
2.To decide that the claim filed by YACINE BAMMOU against GUANGXI PINGGUO
HALIAO FOOTBALL CLUB must be rejected in its entirety.
3.To decide that GUANGXI PINGGUO HALIAO FOOTBALL CLUB is not liable to pay
any amounts to YACINE BAMMOU under the Employment Contract.
4.To decide that GUANGXI PINGGUO HALIAO FOOTBALL CLUB is not liable to pay
any compensation to YACINE BAMMOU.
5.To decide that no sanction of any kind should be imposed GUANGXI PINGGUO
HALIAO FOOTBALL CLUB.
6.To decide that YACINE BAMMOU shall pay all the legal and procedural costs.”
pg. 7
REF. FPSD-18545
c. Unsolicited communication from the Claimant
21. On 1 May 2025, the Player filed an unsolicited communication via the Legal Portal.
22. On the same date, the FIFA general secretariat acknowledged receipt of the abovementioned correspondence and informed that it was received outside the relevant time
limit and that it shall be disregarded as per art. 11, par. 4 of the of the Procedural Rules
Governing the Football Tribunal (hereinafter: the Procedural Rules),
pg. 8
REF. FPSD-18545
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
23. 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 11 March 2025 and submitted for decision on
18 July 2025. Taking into account the wording of art. 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.
24. 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
an Moroccan player and a Chinese club.
25. 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
26. 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
27. 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.
pg. 9
REF. FPSD-18545
i. Main legal discussion and considerations
28. The Chamber then moved to the substance of the matter and took note of the fact that the
Parties acknowledged that both the Employment Agreement and the Consulting Contract
were terminated on 5 August 2024, by virtue of the signature of the Settlement Agreement,
on 6 August 2024.
29. The Chamber noted that it is undisputed that the Club failed to perform part of its payment
obligations under the Settlement Agreement.
30. However, the Chamber considered that the Parties strongly disputed the amounts claimed
by the Player, their contractual basis and the applicable legal framework.
31. Indeed, the Player submitted that since the Club defaulted on its payment obligations
under the Settlement Agreement, this contract should be set aside, and he is entitled to
claim the residual value of the Employment Agreement as compensation under art. 17 of
the Regulations.
32. On the contrary, the Club refuted these allegations, asserting that the Player’s reasoning is
flawed and that the Employment Agreement was terminated and replaced by the
Settlement Agreement. As a result, all obligations between the Parties have been novated
and are now governed by the terms of the Settlement Agreement. Accordingly, article 17
of the Regulations cannot be applied to the present case.
33. In this context, the Chamber acknowledged that its task was to assess which agreement
was enforceable in the present case, which amount remained outstanding and assess the
consequences thereof.
34. The Chamber first noted that the Parties admitted having signed the Settlement Agreement
on 6 August 2024. In this consideration, the Chamber recalled the wording of the
Settlement Agreement which states, quoted verbatim:
‘’ The Parties, after equal negotiation, conclude the following clauses to prematurely
terminate the EMPLOYMENT CONTRACT FOR PROFESSIONAL FOOTBALL PLAYER
(hereinafter: the CONTRACT) signed by and between the Parties on 1 Jan. 2024:
1.
The CONTRACT is terminated on 5 August 2024
2. Party A [the Club] shall pay Party B [the Player] compensation amounting
RMB 1.592.025 (in words: one million five hundred ninety two thousand
twenty five) after tax, which includes the salary and bonus (if any) before
the termination of the CONTRACT payable by Party A to Party B, and the
compensation for premature termination of the CONTRACT. In addition.
Party A commits to make the balance payment amounting USD 110,000
pg. 10
REF. FPSD-18545
(in words: USD one hundred ten thousand, hereinafter: the Service Fee) to
Party B’s Agent, SHANTOU SEPTMILLE Sports&Culture Ltd, according to
the Consulting Service Contract signed by and between Party A and Party
B’s Agent. Party A can pay the Service fee in RMB at the rate of the
payment day.”
35. Considering the unequivocal wording of the Settlement Agreement, the Chamber
determined that it is undeniable that by virtue of the Parties signature of the Settlement
Agreement, the Employment Agreement was terminated, and that the Club also recognized
in the Settlement Agreement owing amounts under the Consulting Contract.
36. In that sense, the Chamber considered that the Player’s claim for compensation equivalent
to the residual value of the Employment Agreement cannot be upheld, as the Employment
Agreement was mutually terminated. In this respect, art. 17 of the Regulations governs the
consequences of a unilateral termination without just cause. Therefore, in the absence of
a unilateral termination, art. 17 of the Regulations is not applicable to the case at hand.
37. In continuation, the Chamber recalled that it remained undisputed that the Club failed to
perform its payment obligations under the Settlement Agreement, with the exception of
the first instalment due on 31 August 2024 which was paid.
38. Considering the above, the Chamber determined that the Club owed outstanding
remuneration under the Settlement Agreement to the Player, namely the instalments due
30 September 2024, 30 November 2024 and 31 January 2025.
39. The Chamber then turned its attention to the amounts that were owed under the
Settlement Agreement to the Player’s agent, that were initially due under the Consulting
Contract entered into between the Player’s agent and the Club on 1 January 2024.
40. In assessing whether these amounts constituted outstanding remuneration, the Chamber
recalled the wording of paragraph 4 of the Settlement Agreement which states, quoted
verbatim:
“The aforementioned compensation shall be paid to Party B's bank account in China.
The aforementioned Service Fee shall be paid to the bank account of Party B’s Agent
in China. In the event of non-payment of any of the installments by the due dates, a
penalty of 10% of the amount due shall be payable by Party A to Party B, without
prior formal notice being served. If Party A fails to pay the Service fee to Party B’s
Agent, Party B is entitled to claim for the Service fee from Party A directly before FIFA
DRC. In addition, if Party B’s agent fails to pay the aforesaid USD 110,000 to Party B
within 7 working days after receipt of the same amount from Party A. Party B shall
also be entitled to claim for such amount from Party A before FIFA DRC”
pg. 11
REF. FPSD-18545
41. In taking into consideration the content of this paragraph, the Chamber determined that
the amounts owed by the Club to the Player’s agent were in fact remuneration owed to the
Player that were being paid through the agent. In that sense, the Chamber considered
these amounts as also being outstanding remuneration owed by the Club to the Player and
decided that the Club was liable to pay them.
42. The Chamber observed that as per the terms of the Settlement Agreement RMB 1,061,350
and USD 110,000 remained outstanding.
43. 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 Player the amounts which
were outstanding under the Settlement Agreement i.e. RMB 1,061,350 and USD 110,000.
44. In addition, taking into consideration the Player’s request for relief as well as the constant
practice of the Football Tribunal in this regard, the Chamber decided to award the Player
interest at the rate of 5% p.a. on the outstanding amounts as from 18 July 2025 until the
date of effective payment.
ii. Compliance with monetary decisions
45. 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.
46. 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.
47. Therefore, bearing in mind the above, the DRC decided that the Respondent must pay the
full amount due (including all applicable interest) to the Player within 45 days of notification
of the decision, failing which, at the request of the Player, 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.
48. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Player in the Bank Account Registration Form, which is attached
to the present decision.
pg. 12
REF. FPSD-18545
49. 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
50. 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.
51. 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.
52. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 13
REF. FPSD-18545
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Yacine Bammou, is partially accepted.
2.
The Respondent, Guangxi Pingguo Haliao Football Club, must pay to the Claimant the
following amount(s):
- RMB 1,061,350 as outstanding remuneration plus 5% interest p.a. as from 18 July 2025
until the date of effective payment; and
- USD 110,000 as outstanding remuneration plus 5% interest p.a. as from 18 July 2025
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. 14
REF. FPSD-18545
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
pg. 15