Labour Disputes
Texto da decisão
REF. FPSD-17921
Decision of the
Dispute Resolution Chamber
passed on 23 October 2025
regarding an employment-related dispute concerning
the player Robson Azevedo Da Silva
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Jorge GUTIÉRREZ (Costa Rica), Member
Stella Maris JUNCOS (Argentina), Member
CLAIMANT:
Robson Azevedo Da Silva, Brazil
Represented by Douglas Dalenogare
RESPONDENT:
Basundhara Kings, Bangladesh
Represented by Mohammad K. Shahnewaz
pg. 2
REF. FPSD-17921
I. Facts of the case
1.
On 16 July 2022, the Brazilian player, Robson Azevedo Da Silva (hereinafter: the Player or
the Claimant), and the Bangladeshi club, Basundhara Kings (hereinafter: the Club or the
Respondent), entered into an employment contract (hereinafter: the Contract) valid as from
24 November 2022 until 23 November 2024.
2.
According to clause 1.a) of the Contract, the Club undertook to pay the Player (quoted
verbatim):
“A. From Club Side:
1. Salary: 1st year Salary will be 7,50,000. USD. Paid as Advance 1,50,000 USD and rest of
the amount 6,00,000 USD will be paid as monthly salary i.e. (50,000 USD X 12)
2nd year Salary will be 8,00,000. USD. Advance will be paid 1,40,000 USD at the time of
Player's registration and rest of the amount 6,60,000 USD will be paid as monthly salary
i.e. (55,000 USD X 12)”
(…)
4. Air Ticket: Club will pay the cost of the Air ticket 1 Business class & 1 Economy class for
round trip in a season by Brazil-Bangladesh-Brazil.”
3.
Clause 1.b) stipulated the Player’s obligations as follows:
“B. From Player Side:
1. The [Player] agreed to perform to the best of his ability in all training sessions and
football matches in which he would take control of the Football Team and attend at any
other suitable place for the purpose of training.
2. The [Player] further agreed to attend all matches in which the [Club] is engaged as and
when directed by the duly authorized official of the [Club].
3. The [Player] shall not without the written consent of the [Club], participate in any other
sporting or athletic activity with any other Sporting Club or Academy.
4. The [Player] would work in perfect harmony with the Rules and Regulations to the
[Club] and shall abide by them.
5. The [Player] shall use his best endeavors to train up the football players of the [Club]
as per requirements.
pg. 3
REF. FPSD-17921
6. The [Player] is not allowed to engage himself in any verbal or written statement to the
print or electronic media regarding the Club or any other matter regarding Football
without prior approval of the Club Management.
7. The [Player] shall consult with the [Club] to take any decision in respect of all matters
relating to the game of Football.
8. The [Player] have to punctually attend all Matches and official training sessions and
functions.
9. The [Player] will comply with all reasonable directions of the [Club] in relation to
transport and behavior and dress when making any public appearance for the [Club].
10. The [Player] have to make full, complete and ongoing disclosure to the [Club] of any
physical condition the [Player] are aware of, or any injury or illness the [Player] may
suffer, that might impair the performance of your obligations under this Contract.
11 The [Player] except to the extent prevented by injury or illness to maintain a high
standard of physical fitness at all times and not to indulge in any activity sport or practice
which might endanger such fitness or inhibit his mental or physical ability to play
practice or train.
12. The [Player] will undertake such other duties and to participate in such other activities
as are consistent with the performance of his duties.
13. The [Player] play football solely for the Club or as authorized by the Club or as
required by the Rules;
14. The [Player] have to observe the Laws of the Game when playing football.
15. The [Player] have to report of any injury or illness by him or on his behalf to the [Club]
immediately and the [Club] shall keep a record of such injury or illness
16. The [Player] will promptly submit to any fitness testing, medical examination or other
testing in relation to the [Player] health and fitness as a professional footballer that the
[Club] may reasonably require.
17 The [Player] have to provide samples for drug testing whenever the [Club] are
required.”
4.
Clause 2.4 established:
“Participation in training and matches:
pg. 4
REF. FPSD-17921
The Player is entitled and obligated to:
a. Train with the training group and play matches for the team/training group directed
by the Club.
b. Make himself available for training sessions and matches for the first team directed
by the Club.
c. The Player is not entitled without prior written per- mission from the Club to participate
in indoor or outdoor football matches in which the Club is not participating.”
5.
Clause 4 provided the following:
“1. The player will be responsible to play for the first team of the football club during the
contract period. The player must participate in all relevant football competitions that
organized by the club, Bangladesh Football Federation (BFF) and Asian Football
Confederation during the contract period.
2. You will be asked to bring the best output or result for the club from the football
competitions and you need to bring and ensure a quality atmosphere in the team.
3. This Contract means that the Player is not entitled to take on other employment
without the prior approval of the Club.
4. The Player must take part in training, training camps and matches in accordance with
the Club's directions. Training will normally be scheduled at the times laid down by the
Club”
6.
On 2 June 2024, an invoice was issued to the Club regarding a flight booked for the Player
from Dhaka (Bangladesh) to São Paulo (Brazil), with a stopover in Doha (Qatar) on 3 June
2024.
7.
On 3 June 2024, the Player flew from Dhaka (Bangladesh) to São Paulo (Brazil), with a
stopover in Doha (Qatar).
8.
On 11 June 2024, the Player put the Club in default with a letter dated 12 June 2024 and
requested payment of salaries from April 2024 to June 2024. The Player granted the Club
15 days to make the payments.
9.
On 12 June 2024, the Club replied to the Player’s notice and argued that the salaries for
April and May 2024 were available for collection from the accounts department during
office hours. Furthermore, the Club stated that the salary for June 2024 would be paid when
due in July 2024. The Club remarked that the only reason the salaries remained unpaid was
pg. 5
REF. FPSD-17921
that the Player had not collected them and was currently outside Bangladesh. Lastly, the
Club requested that he collect his salaries.
10. On 13 June 2024, the Player’s representative replied to the Club’s notice, stating that the
information received - that the amounts were available for withdrawal - was surprising, as
throughout May he had exchanged messages with the Club’s representative and at no time
was the amount said to be available. The Player’s representative also stated that the Player
was not interested in receiving the amounts only upon returning to the Club, considering
that the delay exceeded any reasonable period. In this regard, he stated that the Player’s
return was conditional on the advance receipt of the outstanding amounts. Lastly, the
Player’s representative informed the Club that the Player’s agent was in Europe and
available to receive the amounts on the Player’s behalf. Alternatively, the Player’s
representative mentioned that the Club should pay the Player directly into his bank
account.
11. Also on 13 June 2024, the Club replied to the email and argued that, due to foreign
exchange restrictions in Bangladesh, the salary could not be paid outside the country.
Additionally, the Club informed the Player that he should return to Bangladesh for training
in compliance with his obligations under the Contract.
12. On 14 June 2024, the Player’s representative asked whether there was a possibility for the
agent to collect the amounts personally.
13. On 23 June 2024, the Club informed that its policy did not allow the handing over of salary
to agents or third parties and reiterated that the Player should collect the salary in person.
14. On 24 June 2024, the Player’s representative informed the Club that the Player had agreed
to return on a date to be determined by the Club, provided that all outstanding amounts
be paid within 48 hours of his arrival in the country.
15. On 5 August 2024, the Player’s representative sent an email to the Club, requesting to be
informed of the date of the Player’s return and the issuance of the airplane tickets.
Additionally, he mentioned that all outstanding amounts should be available for
withdrawal within 48 hours of the Player’s arrival in the country, as a condition for his
continued stay.
16. On 6 August 2024, the Club confirmed to the Player’s representative that he would be paid
as requested. However, the Club informed him that political violence had been ongoing in
Bangladesh for the past three weeks, and banks, offices, and government institutions were
closed, with people having been killed. Therefore, the Club requested that the Player return
to the country when informed by the Club, after the political situation had stabilized.
pg. 6
REF. FPSD-17921
17. On 8 August 2024, the Player’s representative replied to the email, stating that they were
monitoring the situation and confirming that he was awaiting news regarding the flight
tickets and the Player’s presentation to the Club.
18. On 21 August 2024, the Player’s representative asked the Club for an update regarding the
payment of the Player’s salaries.
19. On 3 September 2024, the Club reiterated its willingness to pay the Player in accordance
with the Contract. However, the Club informed the Player that withdrawal restrictions were
currently imposed by the central bank of Bangladesh. Thus, the Club proposed paying the
Player USD 5,000 per week until the restrictions were lifted and, once lifted, to pay the
remaining amounts due within three weeks.
20. On 10 September 2024, the Player’s representative replied to the Club’s email, arguing that
despite the reports and information provided, the matter concerned unpaid wages and
obligations that the Club should have fulfilled before any political or financial issues arose.
The Player stated that he was not interested in the proposal presented and requested
alternative means for receiving his outstanding wages.
21. On 22 November 2024, the Club played a match against Mohammedan Sporting Club Ltd,
and the Player was neither part of the starting eleven nor a substitute.
22. On 27 November 2024, the Player made the following statement on his Facebook account:
“My contract with Bashundhara Kings is coming to an end, and I would like to express
my gratitude to all the fans, players and coaching staff with whom I had the honor of
working. Together, we made history! We won several titles, I had the privilege of being the
team's captain and number 10, and of taking the name of Bangladesh to big stages, such
as the AFC Cup and the AFC Champions League. l would like to end my time in Bangladesh
in a happy and healthy way, but unfortunately, the disrespect shown by the club's
management towards someone who dedicated himself so much is inexplicable. There are
people within the management with purely personal ambitions, and this harms not only
the players, but also the club itself. Therefore, I want to make it clear to my fans that we
tried to negotiate a fair agreement for both parties, but the club did not fulfill any of the
promises. As a result I am ending this cycle without receiving 8 months of salary. But life
goes on! I hope that, in the future, they learn to value their idols. I would like to thank
Bashundhara Kings and the people of Bangladesh for their warm welcome and
unforgettable moments. See you soon and good luck!”
23. On 29 November 2024, the Club played a match against Chittagong Abahoni Ltd. and the
Player was neither part of the starting eleven nor a substitute.
24. On 3 December 2024, the Club played a match against Brothers Union Ltd. and the Player
was neither part of the starting eleven nor a substitute.
pg. 7
REF. FPSD-17921
25. On 8 January of an unspecified year, the Player’s representative sent a WhatsApp message
to the Club, asking if there was any news regarding the Player’s salaries, as the Club owed
him significant amounts corresponding to the salaries from April to November 2024.
II. Proceedings before FIFA
26. On 23 January 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Claimant
27. According to the Player, the Club failed to pay him the salaries for the period from April to
November 2024. In this regard, the Player argued that he had already filed a previous claim
against the Club requesting the payment of the salaries for April to September 2024.
Nevertheless, the Player stated that the Contract ended in November 2024, and therefore,
the previous dispute did not include the last two salaries, which were also not paid by the
Club.
28. In this sense, the Player requested that the Club be ordered to pay the outstanding salaries
for October and November 2024, totalling USD 110,000.
29. The Claimant’s requests for relief were the following:
“Therefore, taking all of the above into account, the DRC should decide to uphold the
player's claim, ordering the club to pay the outstanding salaries, including the applicable
interest and monetary correction, in accordance with the judging body's understanding,
and the full payment (including all applicable interest) should be made to the bank
account indicated in the Bank Account Registration Form, attached.
As established under the Contract, the Club shall pay for the player USD 55.000,00 after
tax per month. However, in addition to the salaries discussed in the FPSD-16352 case,
the club also failed to pay salaries for the months of October and November 2024.
Therefore, according to the Employment Contract, the club failed to pay the athlete the
salaries of the last 2 (two) months of the contract, totaling the total amount of
110.000,00 USD, as follows:
i. October 2024: Monthly Salary USD 55.000 after taxes, payment that should have been
made on 11/2024;
ii. November 2024: Monthly Salary USD 55.000 after taxes, payment that should have
been made on 12/2024;
pg. 8
REF. FPSD-17921
Furthermore, in view of the provisions of article 12bis of the RSTP, the athlete requests
that the sanctions that the Football Tribunal deems appropriate be applied, in particular
those provided for in items “c” and “d” of said article, including cumulatively, as
authorized by article 12bis, item 5.
Finally, with regard to the costs of bringing proceedings before the DRC, the provisions
of article 25 of the Procedural Rules should be applied, which states that whenever one
of the parties is an athlete, no amounts will be due. Thus, considering that the plaintiff
is a professional athlete regularly registered with FIFA, no costs should be imposed on
the procedure, regardless of the outcome of the claim.”
b. Reply of the Respondent
30. On 17 February 2025, the Club replied to the claim, arguing that it had already initiated an
appeal before CAS arising from the same contract and the same chain of events, in
connection with the previous decision issued by the Football Tribunal. In this respect, the
Club claimed that the previous decision, in which it was ordered to pay USD 330,000
corresponding to the salaries from April to September 2024, was rendered ex parte.
31. The Club affirmed that the Player was in breach of the Contract, as he failed to return to
Bangladesh and refused to participate in training sessions and matches. Moreover, the
Club asserted that the Player made defamatory and untrue statements on social media,
thereby damaging the Club’s reputation.
32. According to the Club, the Player’s monthly salary was payable in person, in Bangladesh. In
this respect, the Club provided several receipts for payments made to the Player up to
March 2024. Moreover, the Club stated that it had purchased flight tickets at the Player’s
request, including additional tickets for his family members, which were outside the scope
of the Contract. Hence, the Club argued that the Player owed the Club BDT 3,658,046,
equivalent to USD 30,005.
33. The Club also mentioned that the Player had been appointed as the team captain and
included in the squad. According to the Club, on 3 June 2024, the Player flew from Dhaka
(Bangladesh) to São Paulo (Brazil) on a commercial flight arranged and paid for by the Club,
at the Player’s request. The Club maintained that this break was authorized on the
understanding and condition that the Player would return to Bangladesh in time to resume
training and play for the Club.
34. In this sense, the Club referred to the correspondence exchanged between the parties and
maintained that the salaries for April and May 2024 were ready for collection in person.
The Club stated that, during this exchange, it had explained that the delay was due to the
Player’s absence from Bangladesh. Moreover, the Club affirmed that it had requested the
Player to honour the Contract by returning to Bangladesh and resuming training for
football matches at the Club.
pg. 9
REF. FPSD-17921
35. The Club also argued that the Player made derogatory and false comments about the Club
on his Facebook account and on 6 April 2024 took unauthorised leave to the United
Kingdom, demonstrating his lack of commitment. The Club further remarked that on 4 May
2024, during a match, the Player threw his captain’s armband to the ground and left the
field.
36. In this context, the Club contended that the Player’s failure to return to Bangladesh in June
2024 constituted a material breach of the Contract, as he was required to attend all
matches and training sessions. The Club stated that it was unable to mitigate its losses by
replacing one of its star players and captain.
37. Hence, the Club argued that the Player is not entitled to receive any remuneration beyond
May 2024, subject to deductions for payments already made. Furthermore, the Club
expressed its intention to lodge a counterclaim against the Player for breach of contract.
38. The Respondent’s requests for relief were the following:
“15. In light of the above, the Respondent respectfully requests the followings:
16. That the FIFA General Secretariat find that the Claimant Robson Azevedo Da Silva is
in breach of the Deed of Agreement dated 16 July 2022, executed between him and the
Respondent Club, specifically regarding his failure to return to Bangladesh and his
unauthorised absence from training and matches.
17. That the FIFA General Secretariat declare that the Claimant has violated the FIFA
Regulations on the Status and Transfer of Players (RSTP), specifically Articles 13 by failing
to perform his contractual obligations, including attending training sessions and official
matches.
18. That the FIFA General Secretariat declare that the Claimant is not entitled to any
remuneration beyond May 2024 for the remainder of the Contract, subject to deduction
of the advance payment made to him and other payments that may be recoverable from
him by the Respondent.
19. That the FIFA General Secretariat declare that the Claimant Robson Azevedo Da Silva’s
defamatory and false social media posts, made on 27 September 2024, violate the FIFA
Code of Ethics, specifically Article 23, regarding player misconduct and defamation, and
hold him accountable for these actions.
20. That the FIFA General Secretariat order the Claimant Robson Azevedo Da Silva to
compensate the Respondent for breach of contract, including but not limited to any
unpaid wages, costs incurred by the Respondent for the Claimant's unauthorised
absence, and the financial and reputational damage caused by his conduct.
pg. 10
REF. FPSD-17921
21. That the FIFA General Secretariat order the Claimant Robson Azevedo Da Silva to
reimburse the Respondent a sum of USD 30,005 for the costs of flight tickets purchased
for the Claimant and his family members, which remain unpaid
22. That the FIFA General Secretariat order the Claimant Robson Azevedo Da Silva to bear
the full costs of these proceedings, including all legal fees incurred by the Respondent in
connection with any legal proceedings lodged to the FIFA DRC.
23. That the FIFA General Secretariat grant any other relief it deems just and appropriate,
in accordance with the principles of fairness, justice, and the relevant FIFA regulations, to
remedy the harm caused by the Claimant's breach of contract and misconduct.”
39. On 4 March 2025, the FIFA general secretariat requested that the Club amend and
complete the counterclaim by no later than 10 March 2025, cf. art. 18 par. 1 of the
Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules). The
FIFA general secretariat informed the Club that if the requested information and/or
documentation were not received within the aforementioned deadline, the counterclaim
would be deemed to have been withdrawn.
40. On 11 March 2025, 00:46 hours Bangladesh time, the Club responded to the letter dated 4
March 2025.
41. On 12 March 2025, the Club supplemented its submission.
42. On 27 March 2025, the FIFA general secretariat invited the Club to provide its comments
and any documentary evidence it may deem useful to support that the submissions which
appeared as filed on 11 March 2025 were filed within the relevant time limit. Additionally,
the FIFA general secretariat informed the Club that the submission dated 12 March 2025
was disregarded cf. art. 11 par. 4 of the Procedural Rules, as it had been filed manifestly
outside the relevant time limit.
43. On 28 March 2025, the Club provided its comments and documents.
44. On 11 April 2025, the FIFA general secretariat informed the parties that, after careful
analysis, it had concluded that, based on the legal representative’s domicile, the
submission was not filed within the relevant time limit. Therefore, the FIFA general
secretariat informed the parties that the counterclaim was deemed to have been
withdrawn, in accordance with art. 11 par. 4 of the Procedural Rules, which establishes that
“A time limit is deemed to have been complied with if the action required or requested has been
completed by latest the last day of the time limit at the location of the party’s domicile or, if the
party is represented, of the domicile of its main legal representative. Submissions and evidence
filed outside the relevant time limit shall be disregarded”.
pg. 11
REF. FPSD-17921
45. Nevertheless, since the response to the claim was admissible, the FIFA general secretariat
invited the Player to provide his comments on the Club’s response to the claim.
c. Replica of the Claimant
46. Despite having been invited to do so, the Claimant did not provide his comments on the
Club’s submissions.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
47. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or the 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 23 January 2025 and submitted for decision
on 23 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.
48. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (July 2025
edition), it is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between a Brazilian player and a
Bangladeshi club.
49. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 29 of the
Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand as
to the substance.
b. Burden of proof
50. 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).
pg. 12
REF. FPSD-17921
c. Merits of the dispute
51. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
i. Main legal discussion and considerations
52. The Chamber then moved to the substance of the matter, noting that it is a claim brought
by a player against a club for outstanding remuneration.
53. The Chamber recalled that, according to the Player, the Club failed to pay him the salaries
for October and November 2024. Conversely, the Club argued that the Player is not entitled
to those salaries, as he never returned from his holidays in Brazil in June 2024. Thus, the
Club argued that the Player was only entitled to the salaries for April and May 2024 and
that he breached the Contract.
54. In this context, the Chamber acknowledged that its task was to determine whether the
Player is entitled to the salaries for October and November 2024.
55. First, the Chamber pointed out that the Contract was valid from 24 November 2022 until
23 November 2024. In particular, the Player was entitled to 12 monthly salaries for the first
year and to 12 monthly salaries for the second year. Therefore, the Chamber concluded
that, in principle, the Player was entitled to the salaries for October and November 2024,
amounting to USD 55,000 each.
56. Nevertheless, the Chamber also noted that the Club argued that the Player breached the
Contract and failed to return to Bangladesh. Thus, the Club claimed that the Player is not
entitled to any further salary as of May 2024, since he failed to attend training and matches.
57. Although the Player did not provide any comments on these allegations, the Chamber
recalled that, based on art. 13 par. 5 of the Procedural Rules, the party asserting a fact
bears the burden of proving it. Therefore, the Chamber stressed that it was for the Club to
prove that the Player breached the Contract.
58. In this respect, the Chamber noted that the Club submitted several flight tickets issued for
the Player, one of which corresponds to June 2024 and proves that the Player actually flew
from Dhaka (Bangladesh) to São Paulo (Brazil) – a fact not disputed by the Player. Since the
Club issued this ticket, the Chamber concluded that he flew with the Club’s authorisation.
pg. 13
REF. FPSD-17921
59. Additionally, the Chamber observed that this flight ticket was a one-way ticket and not a
roundtrip, meaning that the Club did not purchase a return ticket for the Player. As there
is no evidence of any other flight ticket issued for the Player to return to Bangladesh, the
Chamber interpreted that the Player flew to Brazil in June and never returned to the Club.
60. Moreover, the Chamber remarked that the Club also submitted several emails and
correspondence exchanged with the Player, which further confirm that the Player was in
Brazil and not in Bangladesh.
61. Notwithstanding this correspondence, the Chamber noted that, although on 13 June 2024
the Player informed the Club that his return was conditional on the advance receipt of the
outstanding amounts, he stated on 24 June 2024 that he agreed to return on a date to be
determined by the Club, provided that all outstanding amounts were paid within 48 hours
of his arrival in the country.
62. Furthermore, the Chamber highlighted that on 5 August 2024, the Player notified the Club
that he had not received any contact about his return date and requested that the Club
provide the date and airplane tickets for his return. In addition, the Chamber underscored
that the following day, the Club informed the Player about the political situation in
Bangladesh and requested that he return to the country when informed by the Club, once
the situation had stabilised. On 8 August 2024, the Player again confirmed that he was
waiting for news regarding his flight tickets and return to the Club.
63. Based on the above, while the evidence confirms that the Player never returned to the
Club, the Chamber stressed that it cannot be concluded that he refused to return or
breached the Contract. In the Chamber’s view, the Player was proactive and diligent in
requesting his return date, and the Club clearly informed him that he should return only
when instructed, thereby creating the expectations that the Contract would continue to be
fulfilled.
64. In the absence of any evidence demonstrating that the Club sent a communication
instructing the Player to return, the Chamber could only determine that the Club never
informed him to do so. The Chamber wished to remark that the Club itself provided
evidence showing that the Player agreed to return in June 2024 and requested the Club to
inform him of the return date, and that the Club responded by asking him to wait due to
the political crisis in Bangladesh. Furthermore, there is no evidence that either party
considered the Contract to be terminated. In fact, the Player stated on Facebook in
November 2024 that his contract was coming to an end.
65. Therefore, the Chamber considered that the Player is entitled to the salaries for October
and November 2024 in full, because, although he did not provide services, the Contract
remained in force and the Club’s lack of diligence cannot be held against him. Furthermore,
although the counterclaim had been withdrawn, for the sake of completeness, the
pg. 14
REF. FPSD-17921
Chamber also clarified that it found no basis for any deductions from the Player’s
entitlements.
66. Hence, the Chamber determined that the Player was entitled to the salaries for October
and November 2024, totalling USD 110,000.
67. As the Club did not provide any evidence of having paid this amount to the Player, the
Chamber decided to award the Player the two monthly salaries, with interest as from the
date of the claim, i.e., 23 January 2025, as the Player did not make a specific request.
68. Lastly, although the Player requested the amounts net of taxes, the Chamber noted that
the Contract did not establish that the salaries were paid as net amounts.
ii. Compliance with monetary decisions
69. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24 par.
1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
70. In this regard, the DRC highlighted that, against clubs, the consequence of the failure to
pay the relevant amounts in due time shall consist of a ban from registering any new
players, either nationally or internationally, up until the due amounts are paid. The overall
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
71. Therefore, bearing in mind the above, the DRC decided that the Respondent must pay the
full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
registering any new players, either nationally or internationally, for the maximum duration
of three entire and consecutive registration periods shall become immediately effective on
the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
72. 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.
73. The DRC recalled that the above-mentioned ban will be lifted immediately and prior to its
complete serving upon payment of the due amounts, in accordance with art. 24 par. 8 of
the Regulations.
pg. 15
REF. FPSD-17921
d. Costs
74. 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.
75. 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.
76. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 16
REF. FPSD-17921
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Robson Azevedo Da Silva, is partially accepted.
2.
The Respondent, Basundhara Kings, must pay to the Claimant USD 110,000 as
outstanding remuneration plus 5% interest p.a. as from 23 January 2025 until the date of
effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
6.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 17
REF. FPSD-17921
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. 18