Labour Disputes
Texto da decisão
REF. FPSD-18781
Decision of the
Dispute Resolution Chamber
passed on 9 May 2025
regarding an employment-related dispute concerning
the player William Dos Anjos Nascimento
BY:
Michele COLUCCI, Italy
CLAIMANT:
William Dos Anjos Nascimento, Brazil
RESPONDENT:
Al Ahli SC, Bahrain
pg. 2
REF. FPSD-18781
I. Facts of the case
1.
On 28 September 2024, the Brazilian player, William Dos Anjos Nascimento (hereinafter:
the Player or the Claimant), and the Bahraini club, Al Ahli SC (hereinafter: the Club or the
Respondent), entered into an employment contract (hereinafter: the Contract) valid as from
the date of signature until 15 May 2025.
2.
In clause 2 of the Contract, the parties established the Player’s remuneration as follows
(quoted verbatim):
“(2) RENUMERATIONS AND PAYMENT
SCHEDULES,
1. During the contract, the club pays the player a monthly salary of four thousand five
hundred US dollars (US$4,500) from 01 October 2024 Until 15 May 2025
2.2 Rewards:
The club pays the player rewards as follows :
•The team achieved first place in the King's Cup.
The player deserves a reward of (US$ 4,500)
The team achieved first place in Nasser Bin Hamad League
The player deserves a reward of (US$ 4.500).
•Bonus of (2000USD) for each (5 gals) on the Nasser Bin Hamad Premier League •Bonus
of (2000USD) for each (5 gals) on the King's Cup
•Bonus of (2.000USD) if the team reach the second stage of the Asian challenge Cup”
3.
Clause 3 stipulated, inter alia:
“(3) AMENITIES
The Club will provide the Player with the following facilities (3.1) airline tickets (Brazil - Bahrain - Brazil) for the player once in the season (…)”
pg. 3
REF. FPSD-18781
4.
Between 24 and 25 December 2024, the Player flew from Muharraq (Bahrain) to Doha
(Qatar), from Doha (Qatar) to Sao Paulo (Brazil) and from Sao Paulo (Brazil) to Aracaju
(Brazil).
II. Proceedings before FIFA
5.
On 28 March 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Claimant
6.
The Player argued that, on 28 September 2024, the parties signed the Contract, by means
of which the Club undertook to pay him a net monthly salary of USD 4,500 on the first day
of each respective month. Nonetheless, the Player further stated that the Club only paid
him the salary for October 2024.
7.
According to the Player, on 24 December 2024, the parties mutually decided to terminate
the Contract, and the Player returned to Brazil. However, the Player stated that the Club
failed to pay him the salaries for November and December 2024, totalling USD 9,000 net.
8.
The Claimant’s requests for relief were the following (quoted verbatim):
“Requests: For the reasons presented above, I kindly request DRC to:
a. Consider the present statement of claim admissible;
b. Order Al Ahli Club to pay me the total net amount of 9,000$ corresponding to the
outstanding monthly salaries of November and December 2024;
c. Apply an interest rate of 5% per year over the above-mentioned amounts, the
pertinent calculation of which shall start as from 2/11/2024 as to the amount of 4,500$
corresponding to the monthly salary of November 2024 and as from 2/12/2024 as to the
amount of 4,500$ corresponding to the monthly salary of December 2024, until the date
of the effective payment;
d. Order Al Ahli Club to bear all the expenses of the present proceedings.”
b. Position of the Respondent
9.
Despite having been invited to do so, the Respondent failed to reply to the claim within the
granted deadline, i.e., no later than 27 April 2025.
pg. 4
REF. FPSD-18781
10. On 2 May 2025, the FIFA general secretariat acknowledged that no reply had been received
from the Respondent and informed the parties that the submission-phase was therefore
closed (cf., art. 23 par. 1 of the Procedural Rules Governing the Football Tribunal;
hereinafter: the Procedural Rules).
11. On 5 May 2025, the Club filed a late response.
12. On the same date, the FIFA general secretariat acknowledged receipt of the above
correspondence and informed the Club that its submission would be disregarded, based
on art. 23 par. 1 of the Procedural Rules.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
13. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 28 March 2025 and submitted for
decision on 9 May 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.
14. 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 on the Status and Transfer of Players (hereinafter: the Regulations) (January
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 Brazilian player and a Bahraini club.
15. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 29 of
the Regulations, the January 2025 edition of the Regulations is applicable to the matter at
hand as to the substance.
b. Burden of proof
16. 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 he may
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the Transfer Matching System (TMS).
pg. 5
REF. FPSD-18781
c. Merits of the dispute
17. 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 he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
i. Main legal discussion and considerations
18. The Single Judge then moved to the substance of the matter, noting that it concerned a
claim of a player against a club for outstanding remuneration.
19. The Single Judge recalled that, according to the Player, the parties mutually terminated the
Contract at the end of December 2024, but the Club failed to pay him the salaries for
November and December 2024.
20. Since the Respondent did not provide its position on the claim within the granted deadline,
the Single Judge determined that the decision shall be taken based on the documentation
already in the file (i.e., the statements and documents presented by the Claimant) (cf. art.
21 par. 1 of the Procedural Rules).
21. In this context, the Single Judge acknowledged that his task was to establish whether the
Player is entitled to the amounts he is claiming.
22. The Single Judge first noted that the Player submitted a flight ticket showing that he
returned to Brazil, his home country, on 24 December 2024.
23. Although the Player failed to provide any further evidence of the alleged mutual
termination, the Single Judge considered that, (i) the Player’s acknowledgement that he
returned to his country and evidence to this effect, (ii) the Club’s failure to dispute this
allegation, and (iii) the fact that neither party is seeking compensation for breach of
contract, supported the conclusion that the parties mutually departed from the Contract.
24. Notwithstanding the above, the Single Judge observed that the Player stated that the Club
failed to pay him the salaries for November and December 2024, when he was still
employed. In this respect, the Single Judge highlighted that, although the Player was
entitled to the full salary for November, he himself acknowledged that he did not provide
services after 24 December 2024, when he returned to his country.
25. Therefore, the Single Judge interpreted that the Player was only entitled to the prorated
salary of December for the 24 days, which amounts to USD 3,483.87.
pg. 6
REF. FPSD-18781
26. Additionally, the Single Judge noted that the Player argued that his salaries were to be paid
on the first day of the month. Nonetheless, the Single Judge did not find any provision of
the Contract stipulating the due dates for salary payments. Thus, in the absence of such a
provision, the Single Judge referred to the standard practice of the Football Tribunal and
considered that the salaries were to be paid on the last day of each month.
27. In this sense, the Single Judge concluded that the Club was obliged to pay the salary for
November on 30 November 2024. Regarding the salary for December, since there was a
mutual departure on 24 December 2024, the Single Judge interpreted that the Club was
obliged to pay the prorated salary on that day.
28. The Single Judge then 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 and/or that it had
a valid reason for not doing so. Nevertheless, the Single Judge underscored that the Club
failed to provide any evidence within the granted deadline demonstrating that it had
complied with its obligations.
29. Hence, the Single Judge determined that the Player shall be awarded USD 7,983.87.
30. Lastly, the Single Judge recalled that the Player requested that the amounts be granted as
net amounts. However, the Single Judge also did not find any provision specifying that the
salaries were to be paid “net”. Thus, he decided not to add such a reference to the award.
ii. Compliance with monetary decisions
31. 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.
32. 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.
33. 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.
pg. 7
REF. FPSD-18781
34. 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.
35. 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
36. 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.
37. 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.
38. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 8
REF. FPSD-18781
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, William Dos Anjos Nascimento, is partially accepted.
2.
The Respondent, Al Ahli SC, must pay to the Claimant the following amount:
- USD 7,983.87 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of USD 4,500 as from 1 December 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 3,483.87 as from 25 December 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. 9
REF. FPSD-18781
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. 10