Labour Disputes
Texto da decisão
REF. FPSD-14466
Decision of the
Dispute Resolution Chamber
passed on 13 June 2024
regarding an employment-related dispute concerning
the player Zymer Bytyqi
COMPOSITION:
Clifford J. HENDEL (USA/France), Deputy Chairperson
Angela COLLINS (Australia), member
Laurel VAURASI (Fiji), member
CLAIMANT:
Zymer Bytyqi, Norway
Represented by Sami Dinc
RESPONDENT:
Bitexen Antalyaspor, Türkiye
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REF. FPSD-14466
I. Facts of the case
1.
On 1 August 2023, the Norwegian player Zymer Bytyqi (hereinafter, the Claimant or the Player) and
the Turkish club Bitexen Antalyaspor (hereinafter, the Respondent or the Club) concluded an
employment contract (hereinafter, the Contract), valid as from 1 August 2023 until 30 June 2026.
2.
According to Clause 3 of the Contract, the Club undertook to pay to the Player (hereinafter, jointly
referred to as the Parties) the following salary:
2023/2024 Season:
The Player shall be paid 770,000 EUR net (seven hundred seventy thousand Euro) for the
2023/2024 Season in accordance with the following schedule:
•
•
•
•
•
•
•
•
•
•
30.09.2023: 105,000 Euro Net.
30.10.2023: 70,000 Euro Net.
30.11.2023: 70,000 Euro Net.
30.12.2023: 70,000 Euro Net.
31.01.2024: 70,000 Euro Net.
28.02.2024: 70,000 Euro Net.
31.03.2024: 70,000 Euro Net.
30.04.2024: 105,000 Euro Net.
31.05.2024: 70,000 Euro Net.
30.06.2024: 70,000 Euro Net.
2024/2025 Season:
The Player shall be paid 795,000 EUR net (seven hundred ninety five thousand Euro) for the
2024/2025 Season in accordance with the following schedule:
•
•
•
•
•
•
•
•
•
•
30.09.2024: 107,500 Euro Net.
30.10.2024: 72,500 Euro Net.
30.11.2024: 72,500 Euro Net.
30.12.2024: 72,500 Euro Net.
31.01.2025: 72,500 Euro Net.
28.02.2025: 72,500 Euro Net.
31.03.2025: 72,500 Euro Net.
30.04.2025: 107,500 Euro Net.
31.05.2025: 72,500 Euro Net.
30.06.2025: 72,500 Euro Net.
2025/2026 Season:
The Player shall be paid 845,000 EUR net (eight hundred forty five thousand Euro) for the
2025/2026 Season in accordance with the following schedule:
•
30.09.2025: 112,500 Euro Net.
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REF. FPSD-14466
•
•
•
•
•
•
•
•
•
30.10.2025: 77,500 Euro Net.
30.11.2025: 77,500 Euro Net.
30.12.2025: 77,500 Euro Net.
31.01.2026: 77,500 Euro Net.
28.02.2026: 77,500 Euro Net.
31.03.2026: 77,500 Euro Net.
30.04.2026: 112,500 Euro Net.
31.05.2026: 77,500 Euro Net.
30.06.2026: 77,500 Euro Net.
3.
As per Clause 3.1 of the Contract, “Amounts mentioned under this contract are net of Turkish taxes”.
4.
On 5 April 2024, the Player put the Club in default, requesting payment of EUR 210,000 net,
corresponding to the monthly salaries of January, February and March 2024, plus 5% interest p.a. as
from their due dates.
5.
The Player granted the Club a deadline of 15 days referring to art. 14bis of the Regulations, informing
the Club that “(…) in case of non-exercising the financial duties until the aforementioned time limit, the
employment relationship between the Player and the Club will be unilaterally terminated with just cause
and will be applied to FIFA for a formal decision and also for the imposition of the relevant sanctions
pursuant to the provision of FIFA rules by the Player”.
6.
On 23 April 2024, the Player sent a communication to the Club by way of which he terminated the
Contract stating, inter alia, the following:
“(…) Despite the said written notification determined above as well as the previous written and
verbal warnings in this regard, the Club neither fulfilled its financial duties nor showed any
goodwill. It is clearly understood that the efforts given by the Player didn’t take this issue to be
remedied by the Club. As the Club failed to make the necessary payments within the set
deadline, the Player shall not be expected to bear the persistent failure of the Club anymore,
this the Player herby unilaterally terminates his Employment Contract with immediate effect
and with just cause in accordance with the article 14bis of the FIFA Regulations on the Status
and Transfer of the Players. The contractual relation between the Club and the Player has
ended and the Player hereby reserves all his rights to claim the total unpaid fees and the
compensation due to his termination without just cause before the decision making bodies of
FIFA”.
II. Proceedings before FIFA
7.
On date 24 April 2024, the Claimant filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
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a. Position of the Claimant
8.
The Player alleged that “(…) the Claimant waited for the payment for a long time and warned the
Respondent in writing in line with the FIFA rules. After putting the Respondent in default and waiting for a
long time, the Claimant unilaterally terminated his Contract with just cause and with immediate effect on
23 April 2024. Consequently, the Claimant is entitled to claim compensation from the Respondent in
return for the damages incurred”.
9.
According to the Player, it is crystal clear that he complied with art. 14bis of the Regulations and,
consequently, the Contract was terminated with just cause.
10. The Player argued that he is entitled to EUR 210,000 net as outstanding remuneration,
corresponding to the monthly salaries of January, February and March 2024 (i.e., EUR 70,000 net
each).
11. The Player asserted that he is entitled to compensation for breach of contract without just cause
equal to the residual value of the Contract. In this regard, the Player claimed he was entitled to
receive EUR 1,885,000 net as the residual value of the Contract, corresponding to the following
amounts:
• EUR 245,000 net for the 2023/2024 season;
• EUR 795,000 net for the 2024/2025 season; and
• EUR 845,000 net for the 2025/2026 season.
12. The Player also alleged he was entitled to receive additional compensation, as provided in art. 17
par.1 lit. ii of the Regulations, in the amount of EUR 492,000 net, corresponding to six monthly
instalments (i.e., 1.640,000 EUR as the salary for the 2024/2025 and 2025/2026 seasons divided by
20 months, resulting in EUR 82,000 net per month).
13. The Player requested the following relief:
1. The Claimant firstly would like to request the esteem Chamber to make a decision that the
Respondent has to pay the overdue and unpaid amount of 210,000 Euro (Two HundredTen Thousand Euros) net with its 5% p.a. interest starting from the due dates stated above
in 4.2 until the date of effective payment.
2. The Claimant secondly would like to request the esteem Chamber to make a decision that
the unilateral termination made by the Claimant is with just cause and in line with the
jurisprudence of FIFA and the CAS, in particularly with the Article 14bis of FIFA RSTP.
3. The Claimant thirdly would like to request the esteem Chamber to condemn the Respondent
to pay a compensation of 1.885.000 Euro (One Million and Eight-hundred Eighty-Five
Thousand Euros) net with its 5% p.a. interest starting from the termination date of 23 rd of
April 2024 until the date of effective payment, corresponding the remaining part of the
contractual relation.
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4. The Claimant asks FIFA to condemn the Respondent to pay an additional compensation of
492,000 Euro (Four Hundred and Ninety-Two Thousand and Five Hundred Euros), in
accordance with the article 17/1(ii) FIFA RSTP with its 5% p.a. interest starting from the
termination date of 23rd April 2024 until the date of effective payment.
5. In consideration of the fact that the Respondent caused the Claimant to file the case herein,
we would like to request your honourable chamber to make a decision that the judicial cost
and the attorney ship fees that the Claimant is faced with shall be paid by the Respondent.
b. Position of the Respondent
14. In its reply, the Respondent stated that “Our club respects the structure and decisions of FIFA, and under
no circumstances does it make false statements in ongoing cases. Indeed, due to the global and Turkish
economic situation, our club faced significant financial difficulties, especially after January 2024. It is
important to note that the player received his full salary for the first four months, totalling 325,000 Euros,
without issue”.
15. According to the Club, the default notice from the Player was unexpected. The Club alleged that,
after the default notice, it engaged in multiple discussions with the Player. Also, that in these
discussions it was explained to the Player that other players were in the same situation and that no
one would receive preferential treatment. The Club asserted that the Player understood the
situation and assured that he would not terminate the Contract.
16. The Club alleged that the termination of the Contract was also unexpected, and “left the club in a
difficult position, especially considering the player had previously assured us that he would not take such
a step”.
17. According to the Respondent, the Claimant is the only player that has terminated their contract
despite there are others that have not been paid their January, February and March salaries either.
18. The Club alleged that the Player’s “decision to terminate the contract after just three months of unpaid
salaries indicates a premeditated and malicious intent. It is clear that the player aimed to unjustly enrich
himself by seeking termination compensation. The player waited for the club to face financial difficulties
before terminating the contract, which, while seeming compliant with FIFA rules, is ethically questionable”.
19. The Respondent argued that the amount claimed as compensation should be rejected, given that
the Player was transferred to the Club with great expectations and a significant transfer fee was
paid.
20. According to the Club, the fact that the Player is claiming additional compensation equal to six
monthly salaries demonstrates that his only intention is to enrich himself.
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21. The Club requested the following relief:
1. Considering that the player terminated the contract at an early stage, that the club paid a
transfer fee, and that all contractual payments were made in full up until January, the
player’s claim for termination compensation should be rejected due to its unjust nature. If
the tribunal disagrees, considering the excessive termination compensation demanded by
the claimant, an equitable reduction should be applied.
2. The claimant’s request for additional compensation based on FIFA RSTP Article 17/1 (ii)
should be rejected. If the tribunal finds otherwise, a reduction should be applied.
3. The tribunal should inquire whether the claimant has signed a new contract, considering
his reliance on FIFA RSTP Article 17/1 (ii). If so, both the relevant Federation and the player
should be asked to provide details.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
22. First of all, the Dispute Resolution Chamber (hereinafter, referred to as the Chamber) 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 24 April 2024 and submitted for decision on 13 June 2024. 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.
23. Subsequently, the Chamber referred to art. 2 par. 1 and art. 24 par. 1 lit. a) 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 (June 2024 edition), it is competent to deal with
the matter at stake, which concerns an employment-related dispute with an international dimension
between a Norwegian player and a Turkish 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. 26 par. 1 and 2 of the
Regulations on the Status and Transfer of Players (June 2024 edition), and considering that the
present claim was lodged on 24 April 2024, the February 2024 edition of said regulations
(hereinafter, 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
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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 TMS.
c.
Merits of the dispute
26. Its competence and the applicable regulations having been established, the Chamber entered into
the merits of the dispute. In this respect, the Chamber started by acknowledging all the abovementioned 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 the assessment of the matter at hand.
i. Main legal discussion and considerations
27. The foregoing having been established, the Chamber moved to the substance of the matter, and
took note of the fact that the Parties strongly dispute the justice of the early termination of the
contract by the Claimant, based on the alleged non-payment of certain financial obligations by the
Respondent as per the Contract, in accordance with art. 14bis of the Regulations.
28. 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 formal pre-requisites of art. 14bis of the Regulations had in fact
been fulfilled.
29. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in accordance with
which, if a club unlawfully fails to pay a player at least two monthly salaries on their due dates, the
player will be deemed to have a just cause to terminate his contract, provided that he has put the
debtor club in default in writing and has granted a deadline of at least 15 days for the debtor club
to fully comply with its financial obligation(s).
30. The Chamber noted that the Claimant claimed not having received his remuneration corresponding
to the monthly instalments of January, February and March 2024. Furthermore, the Chamber noted
that the Claimant has provided written evidence of having put the Respondent in default on 5 April
2024, i.e. at least 15 days before unilaterally terminating the contract on 23 April 2024.
31. The Chamber also noted that in the case at hand the Respondent bore the burden of proving that it
indeed complied with the financial terms of the contract concluded between the parties.
Nonetheless, it remained undisputed by the Respondent that the above-mentioned monthly
instalments were outstanding at the moment of termination by the Player.
32. Thus, the Chamber concluded that the Player had a just cause to unilaterally terminate the contract,
based on art. 14bis of the Regulations.
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ii. Consequences
33. Having stated the above, the members of the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
34. The Chamber observed that the outstanding remuneration at the time of termination, coupled with
the specific requests for relief of the Claimant, were equivalent to four monthly salaries under the
Contract, amounting to EUR 315,000 net as follows:
• January 2024: EUR 70,000 net, due on 31 January 2024;
• February 2024: EUR 70,000 net, due on 28 February 2024;
• March 2024: EUR 70,000 net, due on 31 March 2024; and
• April 2024: EUR 105,000 net, due on 30 April 2024.
35. 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 Contract at the moment of the termination.
36. In addition, taking into consideration the Claimant’s request as well as the constant practice of the
Chamber in this regard, the latter decided to award the Claimant interest at the rate of 5% p.a. on
the outstanding remuneration as from the respective due dates of each instalment until the date of
effective payment.
37. Having stated the above, the Chamber turned to the calculation of the amount of compensation
payable to the Player by the Club in the case at stake. In doing so, the Chamber firstly recapitulated
that, in accordance with art. 17 par. 1 of the Regulations, the amount of compensation shall be
calculated, in particular and unless otherwise provided for in the contract at the basis of the dispute,
with due consideration for the law of the country concerned, the specificity of sport and further
objective criteria, including in particular, the remuneration and other benefits due to the player
under the existing contract and/or the new contract, the time remaining on the existing contract up
to a maximum of five years, and depending on whether the contractual breach falls within the
protected period.
38. In application of the relevant provision, the Chamber held that it first of all had to clarify whether
the pertinent employment contract contained a provision by means of which the Parties had
beforehand agreed upon an amount of compensation payable by the contractual parties in the
event of breach of contract.
39. In this regard, the Chamber noted that no such compensation clause was included in the
employment contract at the basis of the matter at stake.
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40. As a consequence, the Chamber determined that the amount of compensation payable by the
Respondent to the Claimant had to be assessed in application of the other parameters set out in
art. 17 par. 1 of the Regulations. The Chamber recalled that said provision provides for a nonexhaustive enumeration of criteria to be taken into consideration when calculating the amount of
compensation payable.
41. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded with the
calculation of the monies payable to the Player under the terms of the Contract until its term.
Consequently, the Chamber concluded that the amount of EUR 1,780,000 net serves as the basis for
the determination of the amount of compensation for breach of contract, as per the following
scheme:
• EUR 140,000 net, corresponding to the monthly instalments of May and June 2024;
• EUR 795,000 net, corresponding to the remuneration for the 2024/2025 season; and
• EUR 845,000 net, corresponding to the remuneration for the 2025/2026 season.
42. In continuation, the Chamber verified whether the Player had signed an employment contract with
another club during the relevant period of time, by means of which he would have been enabled to
reduce his loss of income. According to the constant practice of the Chamber as well as art. 17 par.
1 lit. ii) of the Regulations, such remuneration under a new employment contract shall be taken into
account in the calculation of the amount of compensation for breach of contract in connection with
the Player’s general obligation to mitigate his damages.
43. In this respect, the Chamber noted that the Player remained unemployed since the unilateral
termination of the Contract.
44. The Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to which, in case the player
did not sign any new contract following the termination of his previous contract, as a general rule,
the compensation shall be equal to the residual value of the contract that was prematurely
terminated.
45. In this respect, the Chamber decided to award the Player compensation for breach of contract in
the amount of EUR 1,780,000 net, as the residual value of the contract.
46. Lastly, taking into consideration the player’s request as well as the constant practice of the Chamber
in this regard, the latter decided to award the Player interest on said compensation at the rate of
5% p.a. as of 23 April 2024 until the date of effective payment.
iii. Compliance with monetary decisions
47. 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
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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.
48. In this regard, the Chamber 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.
49. Therefore, bearing in mind the above, the Chamber decided that the Club 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 creditor, 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 Club in accordance with art. 24 par. 2, 4 and 7 of the
Regulations.
50. The Club 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.
51. The Chamber 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
52. 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.
53. Furthermore, 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.
54. Lastly, the Chamber concluded its deliberations by rejecting any other requests for relief made by
any of the Parties.
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IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Zymer Bytyqi, is partially accepted.
2.
The Respondent, Bitexen Antalyaspor, must pay to the Claimant the following amount(s):
EUR 315,000 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 70,000 net as from 1 February 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 70,000 net as from 29 February 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 70,000 net as from 1 April 2024 until the date of effective
payment; and
- 5% interest p.a. over the amount of EUR 105,000 net as from 23 April 2024 until the date of effective
payment.
EUR 1,780,000 net as compensation for breach of contract without just cause plus 5% interest
p.a. as from 23 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.
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7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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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).
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