Labour Disputes
Texto da decisão
REF. FPSD-15772
Decision of the
Dispute Resolution Chamber
passed on 7 October 2025
regarding an employment-related dispute concerning the Player Clarence
Junior Bitang
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Oleg ZADUBROVSKIY (Russia), Member
Michele COLUCCI (Italy), Member
CLAIMANT /COUNTER-RESPONDENT:
Clarence Junior Bitang, Cameroon
Represented by Alfonso Leon Lleo
RESPONDENT/COUNTER-CLAIMANT:
Hajer Club, Saudi Arabia
Represented by Global Sport Consulting
INTERVENING PARTY
Al Zawraa Sports Club, Iraq
pg. 2
REF. FPSD-15772
I. Facts of the case
1.
The parties to the present case are:
-
The Cameroonian player, Clarence Junior Bitang (hereinafter: the Player or the
Claimant/Counter-Respondent);
-
The Saudi Arabian club, Hajer Club (hereinafter: the Club or the Respondent/CounterClaimant); and
-
The Iraqi Club, Al Zawraa Sports Club (hereinafter: Al Zawraa or the Intervening party).
2.
On 6 July 2023, the Player and the Club concluded an employment contract (hereinafter:
the Contract) valid as from the date of signature until 30 June 2025.
3.
According to clause 5 of the Contract, the Club undertook to pay the Player a monthly salary
net of any taxes, bank fees and foreign exchange charges of USD 8,350 as of 2 July 2023
until 30 June 2024 and of USD 10,000 as of 1 July 2024 until 30 June 2025.
4.
Clause 6.8 of the Contract read as follows:
“The club shall promptly provide the Player with all necessary assistance required to obtain
the Iqama (residence permit issued by the Saudi Arabian national authorities) as well as any
other travel visas which the Player may reasonably require from time to time in order to
exercise his freedom of movement.”
5.
Clause 7.5 of the Contract read as follows:
“The Player shall attend all training sessions, training camps, seminars, press conferences
and such other events as the Club ma require from time to time […]”.
6.
Clause 8 of the Contract read as follows:
“1. In the event that the Player commits a violation of any of his obligations under this
Contract or the applicable regulations, the Club may impose disciplinary sanctions against
the Player. The Club shall duly charge the Player and shall notify him in writing of the details
of such charges. The Player shall be provided with an opportunity to respond to the charges.
In particular, the Player declares that he is aware of the applicable SAFF regulations, including
the Players' Status Regulations and the Disciplinary and Ethics Regulations (which are freely
available on the official SAFF website).
2. In the event that the Player fails to fulfil his obligations under this Contract, the Club may
impose one or more of the following sanctions against the Player in accordance with Club's
disciplinary rules:
pg. 3
REF. FPSD-15772
(a) a written warning
(b) a reprimand
(c) a fine
(d) community football service
3. Fines for minor offences which are imposed by Club on same day as offence may not exceed
amount corresponding to one (1) day of fixed monthly remuneration payable to Player (the
amount to be calculated by dividing monthly salary by 30) under terms of Article 5.1 of this
Contract.
4. Under no circumstances shall Club sanction Player for poor performance of team and/or
alleged poor play.
5. In choosing and levying a sanction, Club shall take into account all circumstances of case.
The Club shall notify Player in writing at least 48 hours prior to hearing. The player may be
represented in disciplinary proceedings by person (of any nationality) authorised by player
for that purpose.
6. In event of disciplinary penalty against player (a fine) from committees of Saudi Football
Association, it shall be deducted immediately from dues | Based on circular Minister Sports
No: 101-42-004497”.
7.
Clause 12 of the Contract read as follows (quoted verbatim):
“1. In the case of the Club unlawfully failing to pay the Player at least two monthly salaries on
their due dates, the Player will be deemed to have a just cause to terminate this Contract,
provided that he has put the Club in default in writing and has granted a deadline of at least
15 days for the Club to fully comply with its financial obligation(s).
2. If either Party terminates the Contract with just cause, the following amount will have to
be paid: (....). If there is no agreement on the amount, compensation for breach of contract is
payable in accordance with Art. 17 of the FIFA Regulations.
3. The Club shall not terminate the contract due to the Player sustaining an injury during play
or training.
4. The validity of the Contract may not be made subject to a successful medical examination
and/or grant of a work permit.
5. The Club shall not suspend, interrupt or delay the Player’s remuneration due to the Player
sustaining an injury during play or training. The Contract may not be terminated by either
party during the sporting season in any circumstances, with exception of cases where:
(a) there is just cause; and/or
(b) Parties have agreed to terminate Contract before date of its expiry by mutual consent.
pg. 4
REF. FPSD-15772
6. The Player shall not, under any circumstances, waive salaries for work already performed
unless it is of greater benefit to the Player.
7. The Club shall notify the Committee in writing of any termination of this Contract without
delay and within three (3) working days at latest. The Club shall also notify the League
Organizer wherever so required under relevant League Organizer regulations.”
8.
On 22 April 2024, the Player sent a correspondence to the Club, the content of which was
not provided. On 25 April 2024, the Club sent the Player a correspondence indicating that
it had settled all the Player’s salaries until 31 March 2024.
9.
On 25 April 2024, the Player sent the following letter to the Club (quoted verbatim):
“I am Clarence Bitang, player in [the Club’s] first team. i am sending this message just to
inform you as usual about my traveling today to Cameroon.my Wife is pregnant and she will
give birth tomorrow by caesarean section. in this situation I have to be close to her and it’s
the reason I am traveling today”.
10. On the same date, the Club replied to the Player the following:
“We are really disappointed because you left the country and your job without any
authorisation from the club. We urge you to resume Immediately your work and to be present
in the training session of 26 April 2024 otherwise we will be obliged to apply a disciplinary
sanction for unjustified and unauthorised absence.”
11. On 26 April 2024, the Player sent a correspondence to the Club informing it that he was
entitled to USD 41,750 and he did only receive USD 39,083.
12. On 28 April 2024, the Club sent a correspondence to the Player informing him that he
received an advance of payment on 4 April 2024 and therefore, he had received all his
financial dues until 25 April 2024.
13. On 28 April 2024, the Club sent the Player the following correspondence:
“Reference is made to our last correspondence and your continual absence from training
sessions. We draw your attention that you are in failure with your contractual obligations
especially to attend all training sessions and to be ready in official matches especially during
this crucial period. Your visa entry is available in Saudi Arabia consul (please find enclosed
the visa acceptance). Meanwhile, we will apply the relevant disciplinary sanctions for your
absence. We expect you to send us your arrival date shortly.”
14. On 29 April 2024, the Club played a match against the club Al-Adalah.
pg. 5
REF. FPSD-15772
15. On 4 May 2024, the Club sent to the Player the following correspondence:
“Reference is made to our last correspondences and your continual absence from training
sessions and official matches.
We draw your attention that you are in failure with your contractual obligations especially to
attend all training sessions and to be ready in official matches especially during this crucial
period.
Your visa entry was sent to you previously but we didn't receive any feedback from your side
regarding the date of your arrival.
Until today, you didn't reach Saudi Arabia and you will miss one important match this
Tuesday which will be very harmful for the club.
We hardly invite you to send your defense regarding your continual failure before tuesday
[sic] 7 May 2024 than we will take the adequate disciplinary decisions.
We still expect your arrival shortly.”
16. On 7 May 2024, the Club played a match against the club Al Kholood.
17. On the same date, 7 May 2024, the Player’s legal representative replied to the Club the
following:
“Please note once again that our client’s financial entitlements have not been satisfied and
relevant part of these remain outstanding.
Moreover, herein attached is the medical certificate as was requested from your Club.
Note the deadline of 10 days you are herein granted to remedy the outstanding payments.
Lastly, please be informed that your most esteemed Club is herein respectfully requested once
again to provide our client with flight tickets in order to resume duties.”
18. On 10 May 2024 at 1h51 am, the Club sent the following correspondence to the Player:
“We take note of your last letter and especially the "certificat d'accouchement" attached.
We draw your attention that the said certificate is dated on 26 April 2024 i,e 14 days ago and
thus it cannot explain or legitimate the absence of the player during training sessions and
official matches.
In the other hand please find enclosed the proof of payment of April salary.
Please be advised that the continual absence of the player is a serious breach of the contract
and the club reserves his right to terminate the contract for just cause if the player will not
resume his work.
Accordingly, the player is summoned to take the flight on 11 May 2024. (attached the flight
ticket bought by the club).
pg. 6
REF. FPSD-15772
Meanwhile, Hajer club will apply the appropriate sanctions due to the player's previous
absence and additionally gives the player a deadline to defend himself regarding his absence
from 6 may until the date of the present notification.”
It is to be noted that the flight ticket provided by the Club had its departure from Duala
Airport on 11 May 2024 at 12:20 am.
19. On 13 May 2024, the Club played a match against the club Al-Faisaly.
20. On 13 May 2024, the Club sent to the Player the following correspondence:
“We remind you the following:
- You are under contract with [the Club] until the end of the season 2024/2025 after being
transferred upon payment of a transfer fee of USD 80000.
- You are the most important player in the squad and the club has always expected your
support to avoid the relegation to the lower league.
- On 25 April 2024, you travelled to your country without any prior authorization from the
club and in total disrespect to your contractual obligations as a professional player.
- On the same day as promised by the club’s president you have received all the outstanding
salaries.
- On 26 April, [the Club] sent you a notice summoning you to resume your work immediately
with the club otherwise a disciplinary sanctions will be applied.
- On 28 April a second notice was sent to you according to which [the Club] urged you to
attend the training sessions especially during this crucial period with a very decisive matches
to avoid the club’s relegation.
- No reaction from your side.
- On 04 May 2024, a third notice was sent with a the [sic] same warning as the previous
notices and additionally that a very decisive match was scheduled on 7 May and hence your
presence was very important.
In the same email we gave you 3 days to defend yourself.
- No reaction and you continual your absence has caused a harmful prejudice to the club with
a very negative draw at home against KHOULOUD FC (7th May 2024).
- On the same day your lawyer has reacted by sending a correspondence requesting the
payment of April salary and containing "certificat d'accouchement" dated on 26 April 2024.
- On 10 May 2024 (01:51 AM), we sent you:
• A non-refundable flight ticket to travel to Saudi Arabia to be present and participate to the
very important match against al FAYSALI scheduled on 14 May 2024.
• A proof of payment of April’s salary.
pg. 7
REF. FPSD-15772
- Again no reaction from your side and you didn’t take the flight and consequently you will
not attend the match against Al FAYSALI Club when the coach has asked hardly for your
presence.
Accordingly, we take note that you are in continual absence from the training sessions and
official matches since your unauthorized travel to your country on 25 April 2024.
Your serious contractual infringements are considered as a serious breach of the contract
and have seriously damaged the trust on the continuity of the contractual relationship.
In a last attempt to recover the trust we give you a last deadline until 15 May to be present in
the training session.
Please take note that the club has already paid for a return ticket which is non-refundable
(you didn’t take the flight) and will not pay anymore flight ticket.
Meanwhile, we will not take any disciplinary measure for your absence from 26 until 30 April
2024 but you are not intitled to receive any salary during your absence from 1st May 12, 2024
until the resumption of your work.”
21. On 22 May 2024, the Club played a match against the club Al-Qadisiyah.
22. On 23 May 2024, the Club sent another letter to the Player remaining all the facts occurred
until that date, and that it:
“take[s] note that you are in continual absence from the training sessions and official matches
since your unauthorized travel to your country on 25 April 2024.
Your serious contractual infringements are considered as a serious breach of the contract
and have seriously damaged the trust on the continuity of the contractual relationship. The
last official match is planned for 28 May 2024, and we summon you to be present in the
training session on 25 May 2024 in order to participate in the match if the coach will decide
it.
In case of failure to be present in the training session on 25 May 2024 we will consider that
there is no other option than to terminate the contract unilaterally for just cause.”
23. On 24 May 2024, the Player’s legal representative replied to the Club the following:
“Please be aware of the attached medical certificate as you requested, making evident that
up until the 14th of May the medical situation was severe, as you were well informed.
We are shocked by your repeated letters without any basis and in clear disregard of the
Parties’ agreements, even more, considering on the 3rd of May 2024 discussions were being
held with the Player’s agent for the termination by mutual agreement of the Player’s
employment contract. However, this was always refused by the Player who despite your most
severe breaches of the contract, wanted to honour it in full.
However, up until today the medical situation faced by his wife and recently born child made
it impossible. We are further shocked by your accusations by the fact the Club owes
pg. 8
REF. FPSD-15772
substantial payments to the Player as a result of the most large delays in him being
remunerated (5% per year):
1). His first payment only took place on the 13th of November 2023 despite the contract had
entered into force on July, i.e. 4 months without a salary;
2). 3 monthly salaries were only paid on the 24th of December 2023;
3). 5 monthly salaries were only paid on 25th April 2023 and this once the 15 days required
by the article 14 BIS to the FIFA RSTP had elapsed and on a grace period granted by the Player,
a clearest proof of his good faith and desire for you to honour finally his Employment
Contract.
Lastly, the Club is mathematically relegated hence why all foreign players were instructed
being dismissed from their duty to attend the last match of the season. We consider abusive
the attempt at summoning the Player, particularly considering his personal circumstances.
However, if that is the case, please forward immediately the relevant flight reservation as well
as proof of payment of the relevant interests so the Player will fly on the 26th to Saudi Arabia
and be on time for the match at hand.”
24. On the same day, 24 May 2024, the Club replied to the Player the following :
“We are really disappointed by all false facts related in your letter. Firstly, no discussion was
initiated by the club regarding any amicable Termination of the contract.
Secondly, the player has asked for a flight ticket and the club has bought a non refundable
flight ticket but your client didn't take the flight and didn't give any feedback despite all our
correspondances [sic].
Thirdly, the player was in serious breach of his contract and has left the club during a very
crucial period.
Fourthly, we reiterate that the player shall be present in the training session of 25 May 2024
in order to participate in the last match of the season and has to pay his flight ticket because
he has used up his plane ticket payable by the club.
Lastly, the club has honored all his financial commitments despite the very precarious
financial situation contrary to the player who has neglected the club's interest and acted as
an amateur and not a professional player.
We maintain all the content of our last correspondence especially the right to terminate the
contract for just cause according to article 14 bis RSTP.”
25. On 25 May 2024, the Player’s legal representative replied to the Club the following:
“The Player has not been paid his clear outstanding payables, and for months already.
Moreover, the Player is being put by your Club in most eggregious [sic] circumstances as those
stipulated by the FIFA judicial bodies aiming at forcing him at accepting a contractual
termination at no cost, something which of course our client strongly refuses.
To make matters worse, the relevant flight ticket should be provided by your Club.
pg. 9
REF. FPSD-15772
In any case and despite all of your contactual [sic] breaches, the Player is purchasing the
following flight allowing him to be in Saudi Arabia at the earliest, departing tomorrow
morning: […]
For obvious reasons, shall flight ticket will have to be reimbursed by your Club and increases
the outstanding payables our Client is owed by your Club.
Please urgently confirm that you have done all the necessary to extend his VISA and provide
it to our Client immediately as the Player so far has only received the attached document and
confirm also the Club staff that will make sure of his transportation upon arrival to King Fahd
International airport”
26. On 25 May 2024, the Club sent 5 different correspondences to the Player mentioning the
following:
-
It informed the Player that it sent him since 28 April 2024 the visa acceptance and
instructed him to join the Saudi consul in order to get and print the visa entry on his
passport.
-
It explained the procedure to obtain the visa, and highlighted that the Player did not
accomplish the procedure. The Club further added that “:the player is trying to find
any pretext to not travel. Finally, please stop repeating that the club pressed the player to
terminate the contract which is not true at all and your client is the one who is in
infringement and trying by all means to terminate the contract unilaterally.”
-
It mentioned that the Player was fully aware of the procedure to get the entry visa
with the acceptance document.
-
“The player should contact in person the council and provide his passport to get the visa
entry and it is not an administrative club's duty. We have arranged and sent the required
acceptance visa document and it was for the player (as he did previously) to deliver his
passport to the Saudi Council to get the entry visa”.
-
The Player has received his salaries and the acceptance visa since 28 April 2024 “and
never asked for anything or informed the club that he had any difficulties to get his visa.
[the Club] needs his player and recall him that he is under contract until the end of the
season 2024/2025”.
27. On 25 May 2025, the Player replied to the Club indicating that “the attached document will
allow him to enter the country on its own, otherwise please make the necessary so he is not
confronted with any impediment” and provided the details of his flight.
28. On 26 May 2025, a flight ticket was issued for the Player to travel to Saudi Arabia. According
to the Player he was refused to travel as he had no visa.
pg. 10
REF. FPSD-15772
29. On 28 May 2024, the Club played a match against the club Al-Qaisumah.
30. On 8 August 2024, the Player’s legal representative put the Club in default and requested
payment of the salaries for May, June and July 2024. The Player granted the Club a deadline
of 15 days in order to remedy its default. The letter also included the following “our client is
ready to not seek redress against your most esteemed Club and neither claim from you the
residual value of his employment contract for the remaining of the 2024/2025 sporting season
as long as a mutual termination of his employment contract is signed within the following 5
days”.
31. On 24 August 2024, the Player sent a termination notice of the Contract to the Club.
32. On the same date, 24 August 2024, the Club replied to the Player contesting the
termination, which according to the Club was without just cause. It mentioned that the
Player travelled without authorization on 25 April 2024 and was absent since then. The Club
summoned him to resume his work on 26 April 2024, 28 April 2024 and 4 May 2024.
Moreover, it mentioned that it sent on 10 May 2024 a flight ticket to be present in the match
of 14 May 2024 and proof of payment of April salary without any reaction from the Player.
The Club also mentioned that it would file a claim against the Player and his new club.
33. On 29 August 2024, the Player and Al Zawraa concluded an employment contract
(hereinafter: the New Contract) valid for the season 2024/2025 (until 1 July 2025). The Player
was entitled to USD 80,000 payable as follows: USD 30,000 on 1 October 2024, USD 25,000
on 1 February 2025 and USD 25,000 on 1 May 2025.
34. Clause 7 of the New Contract mentioned the following (quoted verbatim):
“Taxes/Social contribution
The Player’s income refers to net amounts in the Any taxes, social costs, State of IRAQ.
Contributions or nay other amounts the Player may need to pay in the country of his residence
or any other country are to be borne by the Player and the Club insofar shall not be obliged
to pay any additional amounts to the player as those agreed upon in this Contract.”
II. Proceedings before FIFA
35. On 27 August 2024, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Player
36. The Player argued that the Club failed to pay his salaries for more than two months and
emphasized that he terminated the Contract with just cause pursuant to art. 14bis of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations), asserting
that all the conditions set forth therein were met.
pg. 11
REF. FPSD-15772
37. The Player requested the following salaries:
“Salary of May 2024 USD 8,350 (eight thousand US dollars);
- Salary of June 2024: USD 10,000 (ten thousand US dollars);
- Salary of July 2024: USD 10,000 (ten thousand US dollars);
- Pro rata salary of August 2024: USD 7,742 (seven thousand seven hundred forty two US
dollars).”
38. As to the compensation, the Player requested USD 102,258 (i.e., the residual value) and
requested an additional compensation of 6 monthly salaries.
39. The Player requested the following relief:
“1). To accept this Claim against the Respondent ;
2). To consider the Respondent liable for breach without just cause of the Employment
Contract;
3). To condemn the Respondent to pay the Player as outstanding remuneration the following
total sum:
⇨ Total amount of outstanding remuneration (3 months and 24 days):
= USD 16,092 (sixteen thousand ninety-two US dollars)
4). To condemn the Respondent to pay the Player residual value of contract as compensation
for breach of contract without just cause the following total sum:
⇨ Total amount of Residual Value (part of 2024/2025 season, from 25 August to 30 June
2025): 7 days and 10 months x USD 10,000
= USD 102,258 (one hundred two thousand two hundred fifty-eight US dollars).
5). To also condemn the Respondent to pay an additional head of compensation under the
specificity of sport as provided for under the FIFA RSTP in the amount of six monthly salaries:
USD 10,000 X 6 = USD 60,000;
6). To condemn the Respondent to pay interests at a rate of 5 (five) per cent per annum over
outstanding payables, compensation and the additional head of compensation amounts
requested from the due date of each payment until the date of the effective payment;
7). Ban the Club from registering any new players, either nationally or internationally, for two
registration periods under article 17, paragraph 4 of the FIFA RSTP; and
8). As a consequence of the above, to condemn the Respondent to pay all expenses and costs
of the present proceedings, if any.”
b. Reply and counterclaim of the Club
40. In its reply, the Club requested to reject the claim and filed a counterclaim.
41. The Club contended that the Player terminated the Contract without just cause by failing
to fulfil his contractual obligations, having been absent for a prolonged period without any
pg. 12
REF. FPSD-15772
acceptable justification. The Club further argued that the Player was not entitled to any
salary during this unjustified absence. Specifically, the Club stated that:
“• The player has left the club and Saudi Arabia since 25 April 2024 without any authorization
or prior notice.
• He didn’t resume his work with the club and left it during a very critical period when his
teammates were struggling to avoid relegation to Ligue 2.
• On 25 April 2024, he argued that his wife “is pregnant and she will give birth tomorrow by
caesarean” and then sent on 7th May 2024 a certificat d’accouchement.
• [The Club] has informed the player that it will not deduct or take any disciplinary measure
for the period from 25 until 30 April 2024 but the player will not receive any salary during his
absence starting from 1 May 2024(our Exhibit 11) which is fair and in line with the principle
no work- no salary.
• Since 28 April 2024, [the Club] sent to the player his acceptance document for Visa and
instructed him to join the Saudi consul in order to get and print the visa entry on his passport
but the player didn’t contact in person the embassy of Saudi Arabia to get the entry visa in
his passport as he did it previously […]
• [The Club] has issued all required document for the player unless the latter would like the
club to take him by taxi to the Saudi Arabian embassy to affix the visa to the passport […]
• The player missed 5 important official matches […]
• [The Club] has bought a non-refundable flight ticket but the player didn’t travel despite that
the match against Al Faysali was very crucial and important.
• The player never resume his work with the club and has tried by all means to terminate the
contract in order to play with another club.”
42. The Club further mentioned that Al Zawraa shall be jointly and severally responsible to pay
compensation.
43. As to compensation, the Club argued that it is entitled to:
-
USD 136,700 as the residual value of the Contract;
-
USD 40,000 as the unamortised fee of the transfer fee that it paid for the transfer
of the Player (USD 80,000); and
-
USD 275,000 as the loss of opportunity to receive a transfer fee. The Club based
the Player´s market value on the information available on the website
“transfertmarkt”.
44. The Club also requested to apply sporting sanctions on the Player in accordance with art.
17 of the Regulations.
pg. 13
REF. FPSD-15772
45. The Club requested the following relief:
“a) To reject the claim submitted by the player and accept the counter-claim of the club
b)To consider the termination of the contract by the player was made without just cause.
c) to order The player and his new club to pay a compensation equal to the amount of 371,700
US$ or any amount FIFA DRC will consider proportionate and appropriate in the decision of
the case at stake, in accordance with the provision of article 17 of the FIFA RSTP.
d) To pay an interest of 5% on the amount due to the Claimant, calculated from the date of
24 august 2024 until the date of effective payment;
e) To sanction the player and his new club with a disciplinary sanctions pursuant to article
17.
f) to apply any other measure, it considers necessary in the decision of the case at stake.”
c. Response of the Player to the Counterclaim
46. On 1 November 2024, the Player provided his position to the counterclaim and requested
to reject it.
47. The Player stated that neither the Contract nor the Regulations contained provisions
regarding paternity leave. The Player then referred to FIFA’s 2024 Legal Handbook, noting
that FIFA’s judicial bodies subsidiarily base their decisions on Swiss law. Moreover, the
Player stressed that the parties had agreed that Swiss law would be applicable. Pursuant
to Swiss law, the Player concluded that he was entitled to two weeks of paternity leave.
48. Moreover, according to the Player, even under Saudi law, he would have been entitled to
three days of leave. The Player argued that “these laws do not specify the notice that must be
given to the employer, however given the urgent nature of the birth (through a caesarean), it
was not possible for the Player to give more notice.” He concluded that he was legally entitled
to leave for the birth of his child and that adequate notice had been given to the Club,
considering the urgent circumstances.
49. Regarding the visa, the Player referred to clause 6.8 of the Contract and mentioned that
the Club deliberately, or negligently, allowed the Player´s valid status to expire during the
season. The Player mentioned that the Club should have been aware that his status would
expire prior to the end of the season and ensure its assistance prior to the expiration.
Alternatively, the Player argued that the Club negligently allowed his visa status to expire.
According to the Player, this can be inferred from the fact that the Club only sent
confirmation of the acceptance documents on 28 April 2024, after the Player had returned
for the birth of his child.
50. The Player also mentioned that the Club did not provide all necessary assistance to the
Player in order to obtain the visa, adding that the Club was aware that the Player resided
pg. 14
REF. FPSD-15772
in Douala and that he was required to travel in total 6 hours to collect the visa. The Player
therefore concluded that the lack of assistance constitutes a violation of the provisions of
the Contract and cannot be regarded as the Club fulfilling its contractual obligations.
51. With respect to the flight ticket, the Player mentioned that:
“the email confirming the flight was sent at 1:51 am, on 10 May 2024, and the Player´s flight
was at 12:20 am on 11 May 2024. […] Not only would the Player have received this
communication after waking up on 11 May 2024, but he also was required to be at the airport
at least four (4) hours prior to the flight.
That gives the Player less than 12 hours´ notice of when he was required to be at the airport.
This cannot be reasonable considering the Club had failed to comply with its contractual
obligations regarding his visa.”
52. Regarding the Player’s salary deduction, he referred to clauses 8.2 and 8.5 of the Contract
and concluded that based on both:
“the Club is not entitled to withhold the Player´s salary, alternatively, even if the court is of the
opinion that this would be an available option, the Club failed to hold a hearing or conduct any
internal disciplinary procedure internally at the Club at all or even notify the Player in this
respect at all, but rather came up with all this argumentation only once the Player terminated
his employment contract with just cause and subsequently when the Club noted the Player had
filed a claim against it before the FIFA judicial bodies
Not only did the Club fail to hold a hearing as required in the contract, but the Player cannot be
sanctioned due to the actions of the Club and the fact that it failed to comply with its contractual
obligations as it relates to the visa or the most fundamental payment of salaries.”
53. The Player further mentioned that he purchased his own ticket to depart on 26 May 2024
and requested the Club to ensure that all aspects regarding the visa were resolved.
Nevertheless, according to the Player, the Club failed to take all necessary and appropriate
steps to ensure that the visa was obtained and subsequently, the Player was denied the
right to board his flight.
54. The Player also mentioned that “[t]he Club claims that the player missed five (5) important
matches during the season. The first match was on 29 April 2024. The Club expressly stated that
they would not sanction the player during this period, as such acknowledging the Player´s legal
right to parental leave. For the remainder of the games, the Player was not able to return to
work as he did not have legal status to return to the Kingdom of Saudi Arabia. This is due to the
Club´s failure to comply with its contractual requirements.”
55. Consequently, the Player stressed that he terminated the Contract with just cause.
56. Moreover, the Player asserted that, at the time of termination, the Club had failed to pay
him nearly four consecutive monthly salaries, namely those for May, June, July, and August
pg. 15
REF. FPSD-15772
2024. The Player further stated that, despite having sent the Club a final reminder on 8
August 2024, the Club neither settled the outstanding amounts nor provided any response.
57. Subsidiarily, as to the compensation requested by the Club, the Player provided the
following comments:
-
As to the residual value, the Player argued that the Club had the burden of proving
that it suffered losses entitling it to claim the residual value of the Contract under the
principle of positive interest. The Player maintained that the Club merely asserted its
entitlement without providing evidence of any damages. In addition, the Player
noted that the Club had not attempted to mitigate its losses and, therefore, even if
the Chamber ruled in the Club’s favor, the Player submitted that the full residual
value should not be awarded
-
As to the non-amortized fee, the Player contested the Club’s entitlement to claim this
amount, asserting that the Contract had been terminated with just cause.
-
As to the alleged loss of opportunity, the Player argued that no valid transfer
between two clubs had occurred and that there was no concrete offer for the Player.
Moreover, even if the amount cited from ‘Transfermarkt’ was deemed sufficient to
establish a hypothetical value, the Player emphasized that the Club was still required
to demonstrate a logical nexus between such valuation and the actual damages it
allegedly suffered. The Player added that he had “less than one (1) year left on his
contract, there were no discussions to extend the contract for a further term, and the Club
never stated its intention to sell the player during the available transfer market windows,
and the player would have been free to enter negotiations with another club in January
2025, where he could have left on a free transfer in July 2025”.
-
The Player further mentioned that since the beginning of the Contract the Player did
not receive his salaries on time and were paid with a significant delay, and that it
failed to pay the salaries for May, June, July 2024 and as result no compensation shall
be awarded to the Club.
58. As to the sanctions, he denied that there were aggravating circumstances resulting from
his conduct and the aggravating circumstances arose solely due to the actions of the Club.
59. The Player requested the following relief:
“As per the above, the Player requests the Panel to: Reject the Counterclaim of the Club;
To accept the Player’s Claim as per his Statement of Claim; i.e.:
To consider the Respondent liable for breach without just cause of the Employment Contract;
To condemn the Respondent to pay the Player as outstanding remuneration the
Additionally, to condemn the Respondent to pay the Player residual value of contract as
compensation for breach of contract without just cause the following total sum:
pg. 16
REF. FPSD-15772
To also condemn the Respondent to pay an additional head of compensation under the
specificity of sport as provided for under the FIFA RSTP in the amount of six monthly salaries:
USD 10,000 X 6 = USD 60,000;
To condemn the Respondent to pay interests at a rate of 5 (five) per cent per
following total sum:
⇨ Total amount of outstanding remuneration (3 months and 24 days):
= USD 16,092 (sixteen thousand ninety-two US dollars);
⇨ Total amount of Residual Value (part of 2024/2025 season, from 25
August to 30 June 2025): 7 days and 10 months x USD 10,000
= USD 102,258 (one hundred two thousand two hundred fifty-eight
US dollars);
annum over outstanding payables, compensation and the additional head of compensation
amounts requested from the due date of each payment until the date of the effective
payment;
Ban the Club from registering any new players, either nationally or internationally,”
d. Position of the Al Zawraa
60. Despite being invited, Al Zawraa did not provide its position to the counterclaim.
e. Final comments of the Club and comments on Interim Regulatory
Framework by the Club
61. On 19 May 2025, the FIFA general secretariat invited the Club to (i) to provide its comments
regarding the Player’s reply and (ii) to amend its claim, if it so wished, exclusively in relation
to the possible consequences of the application of the new interim regulatory framework
adopted by the Bureau of the FIFA Council on 23 December 2024 (hereinafter: the Interim
Regulatory Framework).
62. On 21 May 2025, the Club provided the following comments:
- Regarding the Player’s right to be heard, the Club mentioned that the Player was
misleading the panel and referred to its letters dated 28 April 2024 and 10 May 2024,
where the Player was informed that adequate disciplinary decisions would be taken and
that it granted the Player an additional deadline to defend his position.
-
As to the retention of his salary, the Club stressed that he would not receive any salary
during his absence starting from 1 May 2024 until the resumption of his work which is
fair and in line with the principle “no work- no salary”.
-
Regarding the visa, “the club is responsible to provide the player with necessary
administrative assistance to travel to Saudi Arabia with the required visa. Since 28 April 2024,
[the Club] sent to the player his acceptance document for Visa and instructed him to join the
Saudi consul in order to get and print the visa entry on his passport but the player didn’t
pg. 17
REF. FPSD-15772
contact in person the embassy of Saudi Arabia to get the entry visa in his passport as he did
it previously […] the argument provided by the player’s counsel that the claimant shall be
assisted by the club to drive from Duala to Yaounde is very absurd and denotes the attempt
to escape his responsibility. Moreover, the visa acceptance was sent to the player since 28
April 2024 i.e. 13 days before the flight schedule and hence the player had sufficient time to
collect the visa document in his passport.”
-
As to the paternity leave, “the player is the one who has terminated the contract for alleged
unpaid salaries and not the club for paternity leave and hence it is not relevant”
-
As to the outstanding amounts, the Club mentioned that it paid all the Player’s salary
until 30 April 2024. As of 1 May 2024, the Player’s request was unjustified due to his
unjustified absence.
63. The request for relief remained unchanged.
a. Comments on Interim Regulatory Framework by the Player and Al Zawraa
64. On 6 June 2025, the FIFA general secretariat invited the Player and Al Zawraa to provide
their comments in relation to the application of the Interim Regulatory Framework.
65. The Player and Al Zawraa did not provide any comment.
pg. 18
REF. FPSD-15772
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
66. 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 27 August 2024 and submitted for decision
on 7 October 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.
67. 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 (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 Cameroonian player and a Saudi Arabian club with the involvement
of an Iraqi club.
68. 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.
69. Finally, the Chamber recalled that the Player argued that FIFA regulations apply and
subsidiarily, Swiss law.
70. In this respect, the Chamber recalled that the FIFA Football Tribunal’s long-standing
jurisprudence and practice in line with the rules, the Dispute Resolution Chamber assess
the disputes based on the Regulations, referring to the FIFA Statutes and other FIFA
regulations where appropriate.
71. In this regard, the Chamber emphasised that the main objective of the FIFA Regulations is
to create a standard set of rules to which all the actors within the football community are
subject to and can rely on (cf. art. 1 par. 1 of the Regulations). As has long been held by the
Football Tribunal, it is in the interest of football that cases are decided based on uniform
criteria rather than on provisions of national law that may vary considerably from country
to country.
72. Moreover, the Chamber outlined that the Regulations take precedence over national
legislation in matters involving international employment-related disputes between
players and clubs, ensuring the uniform application of rules across the global football
community, thereby safeguarding legal certainty and contractual stability.
pg. 19
REF. FPSD-15772
73. Therefore, the Chamber concluded that FIFA regulations, general principles of law and,
where existing, the Football Tribunal’s well-established jurisprudence shall apply.
b. Burden of proof
74. 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
75. Having established the competence and the applicable regulations, the Chamber entered
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
76. The Chamber then moved to the substance of the matter, and took note this is a claim and
counterclaim for breach of contract in which the Club disputes the existence of just cause
for the termination of the Contract by the Player, based on the alleged non-payment of
certain financial obligations by the club.
77. The Player, for his part, stated that he had just cause to terminate the Contract due to the
Club’s failure to pay his salaries. Furthermore, as to the Club’s allegations regarding his
absence, he asserted that his absence was justified, due to the birth of his son, and that he
had the right to take a two-week paternity leave. Additionally, he mentioned that the Club
did not provide him with a valid visa, which was the Club’s responsibility, and that the Club
provided a flight ticket with an unreasonably short deadline, making it impossible for him
to travel, and although he purchased a ticket himself, he was denied boarding.
78. The Club on the other hand, contended that the Player terminated the Contract without
just cause by failing to fulfil his contractual obligations, having been absent for a prolonged
period without any acceptable justification.
pg. 20
REF. FPSD-15772
79. In this context, the Chamber acknowledged that it had to first and foremost determine
when the contract was terminated as well as whether there was just cause for unilateral
termination.
80. With the above in mind, the Chamber turned its attention to the documentation on file and
outlined that the following events were deemed to be relevant for the analysis at hand:
Date
22 April 2024
25 April 2024
Fact
- The Player sent a default notice (the content was not
provided).
- The Club informed the Player that the amounts due were
settled.
-
The Player informed the Club that he was leaving the country
as his wife would give birth the next day.
-
The Club replied to the Player mentioning that he left the
country without authorization and requested him to return
for the training on 26 April 2024, otherwise, they informed
that they would apply disciplinary sanctions.
The Player informed the Club that he received USD 39,083
instead of USD 41,750.
The Club informed the Player that all his dues were paid until
25 April 2024.
26 April 2024
-
28 April 2024
-
-
29 April 2024
4 May 2024
-
7 May 2024
-
-
The Club informed the Player that he was still absent and
that it was a failure of his contractual obligations and that
the Club would apply the relevant disciplinary sanctions. The
Club further informed that his visa was available at the Saudi
Arabia consulate.
The Club played a match.
The Club recalled that the Player was still absent from
training and matches and that it is a failure of its contractual
obligations. Moreover, it mentioned that its visa was sent
and did not receive any feedback from him regarding the
arrival date. The Club invited the Player to provide its
defence regarding this failure before 7 May 2024.
The Player replied to the Club mentioning that his salaries
were not paid and granted 10 days to remedy this situation.
Moreover, he provided a medical certificate (the copy of
which was not shared) and requested the Club flight tickets
to resume his duties.
The Club played a match.
pg. 21
REF. FPSD-15772
10 May 2024 at
1h51 am
-
11 May 2024 at
12:20 am
13 May 2024
-
22 May 2024
23 May 2024
24 May 2024
The Club stated that the medical certificate was dated 26
April 2024 and asserted that it could not justify the Player’s
absence from training sessions and matches. The Club
further provided the Player’s salary payslip and indicated
that, should the Player continue to be absent, it reserved the
right to terminate the Contract. Additionally, the Club
provided a flight ticket to the Player on 11 May 2024 and
requested an extension of the deadline to submit its defense
until 6 May.
The date indicated on the flight ticket provided by the Club.
-
The Club emphasized that the Player remained absent and
stated that it had set a final deadline for the Player to report
on 15 May 2024. The Club further indicated that a nonrefundable ticket had been provided to the Player and that
it would not cover the cost of an additional ticket. Moreover,
the Club mentioned that no disciplinary measures would be
taken between 26 April and 30 April 2024 and asserted that
the Player was not entitled to receive salary from 1 May 2024
until the resumption of his duties.
-
The Club played a match.
The Club played a match.
The Club stated that the Player was absent and summoned
him to be present on 25 May 2024. In case of absence from
the training session on 25 May 2024 the Club would consider
that there is no other option than to terminate the contract
unilaterally for just cause.
The Player’s legal representative replied to the Club
enclosing the medical certificate, which confirmed that his
family’s medical situation remained severe up until 14 May a fact the Club was already well aware of. The Player
reiterated that despite serious breaches of contract by the
Club, including extensive delays in salary payments, he had
consistently refused to terminate the Contract and had
shown good faith by granting grace periods. The Player also
highlighted that the Club had been mathematically relegated
and had released all foreign players from duty for the final
match, making the attempt to summon the Player - given his
personal circumstances - unjustified. The Player requested
that, should the Club insist on his attendance, it must
immediately provide the flight reservation and proof of
payment of the accrued interest so he may travel on 26 May
to Saudi Arabia in time for the match.
-
pg. 22
REF. FPSD-15772
25 May 2024
-
-
The Club sent 5 different communications regarding the visa
and instructed the Player to go the Saudi consulate,
contesting the Player’s allegations.
-
The Player replied to it requesting the Club to do the
necessary so that he would not be impeded to travel.
The Player was supposed to travel. The Player mentioned
that he was impeded to travel due to the failure of having a
visa.
The Club played a match.
The Player sent a default notice for outstanding
remuneration
The Player sent a termination notice.
26 May 2024
-
28 May 2024
8 August 2024
-
24 August 2024
-
29 August 2024
The Club contested the Player’s letter, and reiterated its
position for the Player to be present on 25 May 2024.
The Player informed the Club that it had placed him in
egregious circumstances, compelling him to accept a
termination, citing the failure to pay his salaries and the
failure to provide flight tickets. The Player further stated that
he had purchased a ticket to travel on 26 May and requested
confirmation from the Club regarding compliance with visa
requirements.
-
The Club replied mentioning that the termination was
without just cause and recalled all the above facts.
The Player concluded an employment contract with Al
Zawraa
81. Against this background, the Chamber considered that:
-
The Player was absent from 25 April 2024 until the date of termination on 24 August
2024;
-
The Player informed the Club of his departure on the same day he left the country,
citing the birth of his child as the reason for leaving;
-
The Club requested the Player multiple times to return to the Club’s premises;
-
The Club agreed to pay the Player his salaries from 25 April 2024 until 30 April 2024,
a period on which the Player was absent. However, it mentioned that from 1 May
pg. 23
REF. FPSD-15772
2024, it would not pay his salaries until the Player resumed his duties, considering
he was absent without permission;
-
The Club was actively participating in the Saudi tournament (the Saudi 1st Division)
and played 5 matches during the Player’s absence.
82. In this context, the Chamber recalled that the Player justified his absence on account of the
birth of his child and asserted his right to paternity leave. In this regard, the Chamber noted
that neither the FIFA Regulations nor the Contract expressly provide for such
circumstances. Nevertheless, despite this regulatory silence, the Chamber considered that
the Player should be afforded a reasonable period to attend the birth of his child.
83. Accordingly, the Chamber concluded that the Player had a valid reason to leave the country
on 25 April 2024. Furthermore, the Chamber deemed it disproportionate and
unreasonable for the Club, while acknowledging the situation, to issue two
correspondences on the same day and the following day demanding his immediate return.
84. Notwithstanding the above, the Chamber emphasized that such absence cannot be
indefinite. In this regard, the majority of the Chamber found that:
•
From his departure on 25 April 2024 until 7 May 2024, the Player neither informed the
Club of his intended return nor provided any further information regarding his absence.
•
The Player had a reasonable period until 30 April 2024 to remain absent. However,
following that date no additional information regarding his situation was communicated,
nor did the Player act diligently to inform the Club or make arrangements for his return.
Furthermore, although the Player referred to a medical certificate, no copy was
submitted, leaving its contents unproven.
•
The Club repeatedly requested the Player to return and resume his duties.
•
The Player demonstrated unwillingness to resume his contractual obligations. This is
evidenced by the fact that, on 7 May 2024, the Player requested the Club to provide flight
tickets, indicating his willingness to return as of that date. Nevertheless, upon receipt of
the flight ticket on 10 May 2024, the Player neither boarded the flight nor resumed his
contractual duties. Therefore, the Player continued to refuse to perform his contractual
obligations.
85. In this respect, the majority of the Chamber recalled that the Player argued that he was
provided with a short deadline to prepare for the flight. However, the majority of the
Chamber wished to highlight that he was already failing to perform his duties. Moreover,
if the Player considered the deadline too short, he did not inform the Club of the short
deadline nor requested an alternative flight.
pg. 24
REF. FPSD-15772
86. The majority of the Chamber further recalled that the Player acknowledged he did not
possess a valid visa and indicated that this was the Club’s responsibility. In this regard, the
majority of the Chamber emphasized that, pursuant to the Contract and in line with the
Football Tribunal’s established jurisprudence, it is the Club’s obligation to secure the
necessary documentation in a timely manner. Nevertheless, the Chamber also noted that
a Player is expected to cooperate in completing the processes required for obtaining such
documentation.
87. In the present case, the Chamber observed that the Club provided instructions to the
Player on 28 April 2024 to obtain his visa from the Saudi Arabian consulate. Moreover, on
4 May 2024, the Club reiterated that the visa entry was sent to the Player. Conversely, until
25 May 2024, the majority of the Chamber observed that the Player did not make any
inquiries regarding his visa, such as seeking clarification on the requirements or requesting
assistance. Although the Player later alleged that he was unable to board the plane on 26
May 2024 due to not having a valid visa, no evidence was submitted to substantiate this
claim. Consequently, the majority of the Chamber cannot conclude that the Player failed to
travel for this reason. Furthermore, even if the Player did not possess a valid visa, such
circumstance cannot be attributed solely to the Club, as the Player also failed to act
diligently in this regard.
88. Based on all the above, the majority of the Chamber concluded that as of 1 May 2024, the
Player’s absence was unauthorized as the Club consistently urged the Player to resume his
contractual obligations, yet the Player failed to comply, thereby breaching his contractual
duties. Consequently, and taking into account the specific circumstances of the present
case, the majority of the Chamber decided that, for the period starting on 1 May 2024,
during which the Player did not perform his contractual duties despite being requested to
do so, the Player was not entitled to receive the remuneration until he would have
remedied his breach and re-start providing his services.
89. Moreover, the majority of the Chamber considered that following the Player’s reply on 25
May 2024, he was scheduled to travel to Saudi Arabia on 26 May 2024; however, he failed
to do so. After 26 May 2024, neither the Player nor the Club contacted each other regarding
the execution of the Contract. The Player only contacted the Club on 8 August 2024, more
than two months later, to request his salaries, and the Club did not respond until 24 August
2024, when the Player terminated the Contract, alleging termination without just cause.
90. Therefore, the majority of the Chamber concluded that as of 26 May 2024 both parties
ceased to perform their own contractual obligations and to seek performance from their
respective counterparties; the Contract was deemed de facto terminated by mutual
departure as of that date. On one side, the Player failed to contact the Club for over two
months to resume or fulfill his contractual obligations. On the other hand, the Club neither
inquired about the Player’s status concerning the flight nor requested his return or initiated
any disciplinary proceedings in response to his absence. Thus, as from that date, it is
pg. 25
REF. FPSD-15772
considered that both the Player and the Club mutually accepted their respective departure
from the contract.
91. In view of the above circumstances, the majority of the Chamber concluded that both the
claim and the counterclaim are rejected.
d. Costs
92. 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.
93. 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.
94. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 26
REF. FPSD-15772
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant/Counter-Respondent, Clarence Junior Bitang, is rejected.
2.
The counterclaim of the Respondent/Counter-Claimant, Hajer Club, is rejected.
3.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 27
REF. FPSD-15772
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. 28