Labour Disputes
Texto da decisão
REF. FPSD-18351
Decision of the
Dispute Resolution Chamber
passed on 10 September 2025
regarding an employment-related dispute concerning the player Maicon
Douglas Teixeira Goulart Alves
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Bruinewoud Alexandra GOMEZ (Uruguay & the Netherlands), Member
Iñigo RIESTRA (Mexico), Member
CLAIMANT:
Maicon Douglas Teixeira Goulart Alves, Brazil
Represented by Breno Costa Ramos Tannuri
RESPONDENT:
Alsafa Club, Saudi Arabia
Represented by Islam Hisham
pg. 2
REF. FPSD-18351
I. Facts of the case
1.
On 14 May 2023, the Brazilian player, Maicon Douglas Teixeira Goulart Alves (hereinafter:
the Player or the Claimant), and the Saudi club, Alsafa Club (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the First Contract) valid as
from 30 June 2023 until 31 May 2024.
2.
On an unspecified date, the parties signed an agreement (hereinafter: the First Agreement)
for the payment of the winning bonuses. In particular, the parties agreed as follows (quoted
verbatim):
N
1
2
3.
MATCH/ DATE
ALBATIN 31/01/2024
HAJER 06/02/2024
TOTAL
VALID AMOUNT DUE
30/12/2024
30/01/2025
On an unspecified date, the parties signed an agreement (hereinafter: the Second
Agreement) for the payment of the amounts below follows (quoted verbatim):
N
1
2
3
4
4.
AMOUNT
5000R
5000R
10000R
MATCH/DATE
ALARABI 20/02/2024
QAISUMAH 29/03/2024
TARAJI 15/04/2024
ALJAHLIN 15/05/2024
TOTAL
AMOUNT
7000R
7000R
3500R
2000R
19500R
Valid amount due
30/8/2024
30/9/2024
30/10/2024
30/11/2024
On an unspecified date, the parties signed a new agreement (hereinafter: the Third
Agreement) and agreed on the following payments follows (quoted verbatim):
“And I also confirm to have agreed with Al Safa Club Management to schedule the
remainder of my contract monetary obligations as stated in the below timetable”.
N
Article / Item
Monetary Value
(SAR)
Due Date
1
Salary of January 2024
46,022.81
30/08/2024
2
Salary of February 2024
44,022.81
30/09/2024
3
Salary of March 2024
46,022.81
30/10/2024
4
Salary of April 2024
46,022.81
30/11/2024
pg. 3
REF. FPSD-18351
5
Salary of May 2024
TOTAL
46,022.81
228,114.05
30/12/2024
5.
On 1 June 2024, the parties signed a second employment agreement (hereinafter: the
Second Contract) valid as from 1 June 2024 until 31 May 2025.
6.
According to art. 5 of the Second Contract, the parties agreed on a monthly salary of USD
9,545.45 net of taxes in Saudi Arabia payable at the last day of each month.
7.
In addition, clause 12 of the Second Contract stated the following:
“If either party terminated the contract with just cause, following amount will have to be paid.
(usd 12,272.75). If there is no agreement on the amount, compensation for breach of contract
is payable in accordance with art 17 of the FIFA Regulations.”
8.
On 3 August 2024, the parties signed an agreement (hereinafter: the Penalty Agreement) and
agreed on the following provisions follows (quoted verbatim):
“The agreement was reached between the two parties as follows:
In the event that the first party is late in paying a salary from the salaries scheduled by AlSafa Club (the first party), all amounts due will become as follows:
In the event of failure to pay any payment, the first party is obligated to pay a fine of 5,000
riyals, five thousand Saudi riyals, to the first party only for each payment.
Both parties agree that the fines and interest are reasonable, and that the Dispute Resolution
Chamber of the FIFA Court of Arbitration for Sport shall have jurisdiction to hear any dispute
relating to the understanding or application of the scheduling”.
9.
On 6 December 2024, the Player sent a default notice to the Club requesting the following
payment and gave the Club a 15-day deadline to comply with its default follows (quoted
verbatim):
“(i) USD 62,727.25 (sixty-two thousand seven hundred twenty-seven US dollars and twentyfive cents) net as outstanding signing-on fee payable under the employment agreement
signed on 1 June 2024 – the “Second Employment Contract” as referred to in the Notice of
Default –, as well as the monthly salaries stipulated therein regarding the last 5 (five)
consecutive months; and
(ii) SAR 81,544.99 (eighty-one thousand five hundred forty-four Saudi Rials and ninety-nine
cents) net concerning part of the third and the entire fourth instalments of the “Debt
Agreement” – as referred to in the Notice of Default likewise.”
pg. 4
REF. FPSD-18351
10. On 17 December 2024, the Player sent a termination letter to the Club invoking his default
notice of 6 December 2024. The Player acknowledged the partial payment of USD 5,313.40
but pointed out that the amount of USD 57,413.85 as well as SAR 81,544.99 remained
outstanding.
11. On 24 December 2024, the Player signed a new employment contract with the Bahraini
club, Sintra Cultural and Sports club (hereinafter: the New Contract) valid as from 1 January
2025 until 31 May 2025.
12. According to art. 4 of the New Contract, the Player was entitled to a monthly salary of USD
6,000 “including housing fees and transportation from 01/01/2025 to the date 31/05/2025 in
the sports season 2024-2025.”
II. Proceedings before FIFA
13. On 24 February 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
14. The Player lodged the claim with FIFA for outstanding salaries and breach of contract.
15. The Player alleged having outstanding payments that arose from different contracts and
agreements. In particular, the Player claimed the following amounts:
First Agreement:
-
SAR 5,000 net as performance bonus for the match played against Al- Batin FC on
31 January 2024, due on 30 December 2024;
-
SAR 5,000 net as performance bonus for the match played against Hajer FC on 6
February 2024, due on 30 January 2025.
Second Agreement:
-
SAR 7,000 net as performance bonus for the match played against Al- Arabi SC on
20 February 2024, due on 30 August 2024;
-
SAR 7,000 net as performance bonus for the match played against Al- Qaisumah FC
on 29 March 2024, due on 30 September 2024;
-
SAR 3,500 net as performance bonus for the match played against Al-Taraji Club on
15 April 2024, due on 30 October 2024;
pg. 5
REF. FPSD-18351
-
SAR 2,000 net as performance bonus for the match played against Al- Jabalain FC on
15 May 2024, due on 30 November 2024.
Third Agreement:
-
SAR 16,022.18 net as part of the third instalment of the Third Agreement, due on 30
October 2024;
-
SAR 46,022.81 net for the fourth instalment of the Third Agreement, due on 30
November 2024;
-
SAR 46,022.81 net for the fifth instalment of the Third Agreement, due on 30
December 2024.
Second Employment Contract:
-
USD 4,232.05 net for the balance of the salary of July 2024 due on 31 July 2024;
-
USD 9,545.45 net as salary of August 2024, due on 31 August 2024;
-
USD 9,545.45 net as salary of September 2024, due on 30 September 2024;
-
USD 9,545.45 net as salary for October 2024, due on 31 October 2024;
-
USD 9,545.45 net salary for November 2024, due on 30 November 2024;
-
USD 7,082.11 net as pro rata salary for the 23 days worked on December 2024, due
on 23 December 2024;
-
USD 15,000 net as sign-on fee, due on 30 September 2024.
Penalty Agreement:
-
SAR 5,000 net as fine for the later payment of the salary of August 2024;
-
SAR 5,000 net as fine for the later payment of the salary of September 2024;
-
SAR 5,000 net as fine for the later payment of the salary of October 2024;
-
SAR 5,000 net as fine for the later payment of the salary of November 2024;
-
SAR 5,000 net as fine for the later payment of the salary of December 2024.
pg. 6
REF. FPSD-18351
16. Regarding the termination of the Contract, the Player alleged having just cause to terminate
his Second Contract as more than 2 monthly salaries remained outstanding and he had
provided the Club with a written notice giving a 15-day deadline.
17. Regarding the clause 12 of the Second Contract, the Player argued that the amount agreed,
“is not only disproportionate vis-a-vis the entire remuneration which the Player would be
otherwise entitled to receive had he not unilaterally terminated the 2nd Employment Contract
with just cause, but also gives the Club the ability to exert an undue control over their
employment relationship and even encourages it to pursue a premature and unilateral
termination thereof itself by stipulating an amount as insignificant as a little more than one
monthly salary”.
18. In view of the above, the Player requested the following relief (quoted verbatim):
“FIRST – To accept and uphold the present Claim;
SECOND – To confirm that the Player terminated the 2nd Employment Contract with just
cause;
THIRD – To order the Club to pay to the Player the total amount of SAR 5,000 (five thousand
Saudi riyals) net as outstanding performance bonuses payable under the 1st Bonuses
Agreement for the match played against Al-Batin FC on 31 January 2024, plus default interest
at the applicable rate of 5% (five percent) annually as from 31 December 2024 until the date
of effective payment;
FOURTH – To order the Club to pay to the Player the total amount of SAR 5,000 (five thousand
Saudi riyals) net as outstanding performance bonuses payable under the 1st Bonuses
Agreement for the match played against Hajer FC on 6 February 2024, plus default interest at
the applicable rate of 5% (five percent) annually as from 31 January 2025 until the date of
effective payment;
FIFTH – To order the Club to pay to the Player the total amount of SAR 7,000 (seven thousand
Saudi riyals) net as outstanding performance bonuses payable under the 2 nd Bonuses
Agreement for the match played against Al-Arabi SC on 20 February 2024, plus default interest
at the applicable rate of 5% (five percent) annually as from 31 August 2024 until the date of
effective payment;
SIXTH – To order the Club to pay to the Player the total amount of SAR 7,000 (seven thousand
Saudi riyals) net as outstanding performance bonuses payable under the 2 nd Bonuses
Agreement for the match played against Al-Qaisumah FC on 29 March 2024, plus default
interest at the applicable rate of 5% (five percent) annually as from 1 October 2024 until the
date of effective payment;
pg. 7
REF. FPSD-18351
SEVENTH – To order the Club to pay to the Player the total amount of SAR 3,500 (three
thousand five hundred Saudi riyals) net as outstanding performance bonuses payable under
the 2 nd Bonuses Agreement for the match played against Al-Taraji Club on 15 April 2024,
plus default interest at the applicable rate of 5% (five percent) annually as from 31 October
2024 until the date of effective payment;
EIGHTH – To order the Club to pay to the Player the total amount of SAR 2,000 (two thousand
Saudi riyals) net as outstanding performance bonuses payable under the 2 nd Bonuses
Agreement for the match played against Al-Jabalain FC on 15 May 2024, plus default interest
at the applicable rate of 5% (five percent) annually as from 1 December 2024 until the date
of effective payment;
NINTH –To order the Club to pay to the Player the total amount of SAR 16,022.18 (sixteen
thousand twenty-two Saudi riyals and eighteen cents) net as the outstanding part of the third
instalment payable under the Debt Agreement, plus default interest at the applicable rate of
5% (five percent) annually as from 31 October 2024 until the date of effective payment;
TENTH – To order the Club to pay to the Player the total amount of SAR 46,022.81 (forty-six
thousand twenty-two Saudi riyals and eighty-one cents) net as the outstanding fourth
instalment payable under the Debt Agreement, plus default interest at the applicable rate of
5% (five percent) annually as from 1 December 2024 until the date of effective payment;
ELEVENTH – To order the Club to pay to the Player the total amount of SAR 46,022.81 (fortysix thousand twenty-two Saudi riyals and eighty-one cents) net as the outstanding fifth
instalment payable under the Debt Agreement, plus default interest at the applicable rate of
5% (five percent) annually as from 31 December 2024 until the date of effective payment;
TWELFTH – To order the Club to pay to the Player the total amount of USD 4,232.05 (four
thousand two hundred thirty-two US dollars and five cents) net as the remaining outstanding
salaries payable under the 2nd Employment Contract for the month of July 2024, plus default
interest at the applicable rate of 5% (five percent) annually as from 1 August 2024 until the
date of effective payment;
THIRTEENTH – To order the Club to pay to the Player the total amount of USD 9,545.45 (nine
thousand five hundred forty-five US dollars forty-five cents) net as outstanding salaries
payable under the 2nd Employment Contract for the month of August 2024, plus default
interest at the applicable rate of 5% (five percent) annually as from 1 September 2024 until
the date of effective payment;
FOURTEENTH – To order the Club to pay to the Player the total amount of USD 9,545.45 (nine
thousand five hundred forty-five US dollars forty-five cents) net as outstanding salaries
payable under the 2nd Employment Contract for the month of September 2024, plus default
interest at the applicable rate of 5% (five percent) annually as from 1 October 2024 until the
date of effective payment;
pg. 8
REF. FPSD-18351
FIFTEENTH –To order the Club to pay to the Player the total amount of USD 9,545.45 (nine
thousand five hundred forty-five US dollars forty-five cents) net as outstanding salaries
payable under the 2nd Employment Contract for the month of October 2024, plus default
interest at the applicable rate of 5% (five percent) annually as from 1 November 2024 until
the date of effective payment;
SIXTEENTH – To order the Club to pay to the Player the total amount of USD 9,545.45 (nine
thousand five hundred forty-five US dollars forty-five cents) net as outstanding salaries
payable under the 2nd Employment Contract for the month of November 2024, plus default
interest at the applicable rate of 5% (five percent) annually as from 1 December 2024 until
the date of effective payment;
SEVENTEENTH – To order the Club to pay to the Player the total amount of USD 7,082.11
(seven thousand eighty-two US dollars and eleven cents) net as the outstanding pro rata
value, equal to 23 (twenty-three) days, of the salaries payable under the 2nd Employment
Contract for the month of December 2024, plus default interest at the applicable rate of 5%
(five percent) annually as from 24 December 2024 until the date of effective payment;
EIGHTEENTH – To order the Club to pay to the Player the total amount of USD 15,000 (fifteen
thousand US dollars) net as the outstanding signing-on fee payable under the 2nd
Employment Contract, plus default interest at the applicable rate of 5% (five percent) annually
as from 1 October 2024 until the date of effective payment;
NINETEENTH – To order the Club to pay to the Player the total amount of USD 5,000 (five
thousand US dollars) net as the outstanding fine set forth in the Penalty Agreement for the
late payment of the salary due under the 2nd Employment Contract regarding the month of
August 2024;
TWENTIETH – To order the Club to pay to the Player the total amount of USD 5,000 (five
thousand US dollars) net as the outstanding fine set forth in the Penalty Agreement for the
late payment of the salary due under the 2nd Employment Contract regarding the month of
September 2024;
TWENTY-FIRST – To order the Club to pay to the Player the total amount of USD 5,000 (five
thousand US dollars) net as the outstanding fine set forth in the Penalty Agreement for the
late payment of the salary due under the 2nd Employment Contract regarding the month of
October 2024;
TWENTY-SECOND – To order the Club to pay to the Player the total amount of USD 5,000 (five
thousand US dollars) net as the outstanding fine set forth in the Penalty Agreement for the
late payment of the salary due under the 2nd Employment Contract regarding the month of
November 2024;
pg. 9
REF. FPSD-18351
TWENTY-THIRD – To order the Club to pay to the Player the total amount of USD 5,000 (five
thousand US dollars) net as the outstanding fine set forth in the Penalty Agreement for the
late payment of the salary due under the 2nd Employment Contract regarding the month of
December 2024;
TWENTY-FOURTH – To order the Club to pay to the Player the total amount of USD 48,826.94
(forty-eight thousand eight hundred twenty-six US dollars ninety-four cents) net as
compensation for the unilateral termination of the 2nd Employment Contract with just cause,
plus default interest at the applicable rate of 5% (five percent) annually as from 24 December
2024 until the date of effective payment;
TWENTY-FIFTH – To open the proceedings regarding the present dispute and notify the Club
immediately (cf. Art. 21, par. 1 of the FIFA Procedural Rules); and
TWENTY-SIXTH – To confirm that the ongoing proceedings are free of costs.”
b. Reply of the Respondent
19. In its reply, the Club acknowledged that the amount requested remain outstanding by
stating the following (quoted verbatim):
“The club emphasizes that the player’s outstanding salaries and sign on fee will be paid in
full shortly. The club is merely awaiting the completion of certain administrative formalities
with the relevant ministry in order to receive the necessary subvention”.
20. Regarding the termination, the Club argued that the Player did not have just cause to
terminate the Contract as the Club did pay partially the Player on 17 December 2024, i.e.
before the expiration of the 15-day deadline.
21. Furthermore, the Club contended that the Player’s immediate signing of the New Contract
following the termination of the Second Contract indicated that the true reason behind the
termination was not the outstanding payments, but rather the opportunity to enter into
the New Contract.
22. However, in case the Chamber determined that there was just cause for the termination,
the Club alleged that the parties had contractually agreed on a compensation in case of a
termination with just cause of the amount of USD 12,272.75, which has to be applied as it
is reciprocal.
23. Moreover, the Club argued that the Penalty Agreement should not be enforced, claiming it
is excessive, grossly disproportionate, and would result in unjust enrichment for the Player.
24. In view of the above, the Club requested the following relief (quoted verbatim):
pg. 10
REF. FPSD-18351
“Firstly: deem the Claim of the Claimant as inadmissible in all cases, as the contract was
terminated without just cause, and additional compensation shall be provided to the player.
Secondly: Should the panel accept that the contract was terminated with just cause, the
compensation shall be determined in accordance with the valid provisions of Article 12. This
would confirm the agreed compensation amount of USD 12,272.75, along with the unpaid
salary of SAR 108,067 and USD 64,495, while considering the mitigating damages of USD
30,000.
Alternatively: only if the Honorable Chamber does not agree with the above request, the Club
would be willing to pay the Claimant the residual value of the contract keeping in mind the
mitigating damages as 30,000 USD.
In any event, order the Claimant to bear the procedural costs of these proceedings.
Reject the claiming of bonuses”
pg. 11
REF. FPSD-18351
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
25. 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 24 February 2025 and submitted for decision
on 10 September 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.
26. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (July 2025
edition), the Dispute Resolution Chamber is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international dimension between
a Brazilian player and a Saudi club.
27. 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
28. 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
29. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
pg. 12
REF. FPSD-18351
i. Main legal discussion and considerations
30. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute whether the Player had just cause to terminate the Second
Contract as well as the proportionality of the penalty established in the Penalty Agreement.
31. In this context, the Chamber acknowledged that its task was to determine whether the
Second Contract was terminated with just cause and the consequences herein. In addition,
the Chamber had to also determine which amounts remained outstanding from the First,
Second and Third Agreement as well as the Second Contract and assess the proportionality
of the agreed penalty.
The termination of the Second Contract:
32. The Chamber reminded that according to art. 14bis of the Regulations, if a club unlawfully
fails to pay a player at least two monthly salaries on their due dates, the player will be
deemed to have a just cause to terminate his contract, provided that he has put the debtor
club in default in writing and has granted a deadline of at least 15 days for the debtor club
to fully comply with its financial obligations.
33. In the case at hand, the Chamber observed that the Player alleged not having received the
salaries corresponding to the months of August to November 2024, the balance of the
salary of July 2024 (i.e., 4,5 monthly salaries) as well as the sign on fee of USD 15,000 and
has provided written evidence of having put the Respondent in default on 6 December
2024, at least 15 days before the unilateral termination of the Second Contract, on 23
December 2024.
34. The Chamber also noted that on 17 December 2024, the Club made a partial payment to
the Player of the amount of USD 5,313.40.
35. However, the Chamber pointed out that in line with art. 14bis of the Regulations, the debtor
has to fully comply with its financial obligations, meaning that a partial payment would still
give the Player just cause to terminate his contract.
36. Consequently, the Chamber determined that the Player had just cause to terminate the
Second Contract in line with art. 14bis of the Regulations.
The outstanding amounts:
37. Having established the above, the Chamber moved to the calculations of the outstanding
amounts that arose from the First, Second and Third Agreement as well as the Second
Contract.
pg. 13
REF. FPSD-18351
38. In this regard, the Chamber noted that the Club did not dispute that the requested
amounts remained outstanding.
39. Therefore, in line with the principle of pacta sunt servanda, the Chamber decided to award
the Player the following amounts:
First Agreement (total: SAR 10,000):
-
SAR 5,000 as performance bonus for the match played against Al- Batin FC on 31
January 2024, due on 30 December 2024;
-
SAR 5,000 as performance bonus for the match played against Hajer FC on 6
February 2024, due on 30 January 2025.
Second Agreement (total: SAR 19,500):
-
SAR 7,000 as performance bonus for the match played against Al- Arabi SC on 20
February 2024, due on 30 August 2024;
-
SAR 7,000 as performance bonus for the match played against Al- Qaisumah FC on
29 March 2024, due on 30 September 2024;
-
SAR 3,500 as performance bonus for the match played against Al-Taraji Club on 15
April 2024, due on 30 October 2024;
-
SAR 2,000 as performance bonus for the match played against Al- Jabalain FC on 15
May 2024, due on 30 November 2024.
Third Agreement (total: SAR 108,067.8):
-
SAR 16,022.18 as balance of the third instalment of the Third Agreement, due on 30
October 2024;
-
SAR 46,022.81 for the fourth instalment of the Third Agreement, due on 30
November 2024;
-
SAR 46,022.81 for the fifth instalment of the Third Agreement, due on 30 December
2024.
Second Employment Contract (total: USD 66,959.75):
-
USD 4,232.05 net of taxes in Saudi Arabia for the balance of the salary of July 2024
due on 31 July 2024;
pg. 14
REF. FPSD-18351
-
USD 9,545.45 net of taxes in Saudi Arabia as salary of August 2024, due on 31
August 2024;
-
USD 9,545.45 net of taxes in Saudi Arabia as salary of September 2024, due on 30
September 2024;
-
USD 9,545.45 net of taxes in Saudi Arabia as salary for October 2024, due on 31
October 2024;
-
USD 9,545.45 net of taxes in Saudi Arabia salary for November 2024, due on 30
November 2024;
-
USD 9,545.45 net of taxes in Saudi Arabia as salary for December 2024, due on 23
December 2024;
-
USD 15,000 net of taxes in Saudi Arabia as sign-on fee, due on 30 September 2024.
The Penalty Agreement
40. Having determined the outstanding amounts, the Chamber turned its attention to the
penalty established in the Penalty Agreement. The Chamber reminded that according to
the Penalty Agreement, the parties agreed that “in the event of failure to pay any payment,
the [Club] is obliged to pay a fine of 5,000 riyals, five thousand Saudi riyals, to the first party
only for each payment.”
41. In view of the above, the Chamber determined that each delayed payment would trigger a
fine of SAR 5,000.
42. In this regard, the Chamber reminded that based on its longstanding jurisprudence, a
penalty clause need to satisfy the proportionality test on a case by-case basis. In addition,
the Chamber considered that the proportionality shall be assessed based on the total
amount that is due and not instalment per instalment.
43. Moreover, the Chamber noted that the Penalty Agreement, does not specify for which
payments the penalty would apply, however, it can be deduced that since all the amounts
agreed upon in the First, Second and Third Agreement should have been paid by the time
the Penalty Agreement was signed, it only applied to the payments arising from the Second
Contract.
44. The Chamber further noted that the Player requested the penalty of SAR 5,000 for the nonpayment of the salaries of August, September, October, November and December 2024
each. The Club did not dispute that the penalty was triggered, but did dispute its
proportionality.
pg. 15
REF. FPSD-18351
45. In this regard, the Chamber observed that the salary of December 2024 had not yet fallen
due by the time the Second Contract was terminated and therefore, the Chamber decided
that the fine was not triggered for the salary of December 2024.
46. Therefore, the total penalty that arose from the Penalty Agreement corresponded to SAR
20,000 (i.e. SAR 5,000 x 4)
47. In view of the above, considering that the total amount due that arose from the Second
Contract was USD 42,413.85 (approx. SAR 159,183) and the penalty was SAR 20,000, such
penalty represented approximately 13% if the total amount due. The Chamber considered
this amount as being reasonable and proportionate.
48. Consequently, the Chamber decided that the amount representing the penalty was
triggered, reasonable and proportionate and the Player should be awarded to SAR 20,000
as penalty that arose from the Penalty Agreement.
ii. Consequences
49. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
50. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the player, are equivalent to 5 salaries under
the Second Contract, as well as the balance of the July 2024 salary and the sign-on fee
amounting to a total of USD 66,959.75 net of taxes in Saudi Arabia.
51. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant the amounts
which were outstanding under the Second Contract at the moment of the termination, i.e.
USD 66,959.75 net of taxes in Saudi Arabia.
52. In addition, and as analysed above in paragraph 39, the Chamber also determined that the
Club shall also pay the Player the following outstanding amounts:
-
SAR 10,000 arising from the First Agreement;
SAR 19,500 arising from the Second Agreement;
SAR 108,067.8 arising from the Third Agreement.
53. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
at the rate of 5% p.a. on the outstanding amounts as follows:
-
5% interest p.a. over the amount of SAR 5,000 as from 31 December 2024 until the
date of effective payment;
pg. 16
REF. FPSD-18351
-
5% interest p.a. over the amount of SAR 5,000 as from 31 January 2025 until the date
of effective payment;
-
5% interest p.a. over the amount of SAR 7,000 as from 31 August 2024 until the date
of effective payment;
-
5% interest p.a. over the amount of SAR 7,000 as from 1 October 2024 until the date
of effective payment;
-
5% interest p.a. over the amount of SAR 3,500 as from 31 October 2024 until the date
of effective payment;
-
5% interest p.a. over the amount of SAR 2,000 as from 1 December 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of SAR 16,022.18 as from 31 October 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of SAR 46,022.81 as from 1 December 2024 until
the date of effective payment;
-
5% interest p.a. over the amount of SAR 46,022.81 as from 31 December 2024 until
the date of effective payment;
-
5% interest p.a. over the amount of USD 4,232.05 as from 1 August 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of USD 9,545.45 as from 1 September 2024 until
the date of effective payment;
-
5% interest p.a. over the amount of USD 9,545.45 as from 1 October 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of USD 9,545.45 as from 1 November 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of USD 9,545.45 as from 1 December 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of USD 9,545.45 as from 24 December 2024 until
the date of effective payment;
-
5% interest p.a. over the amount of USD 15,000 as from 1 October 2024 until the
pg. 17
REF. FPSD-18351
date of effective payment.
54. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by the Respondent in the case at stake. In doing so, the Chamber
firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the amount
of compensation shall be calculated, in particular and unless otherwise provided for in the
contract at the basis of the dispute, taking into account the damage suffered, according to
the “positive interest” principle, having regard for the individual facts and circumstances of
each case, and with due consideration for the law of the country concerned.
55. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that such compensation clause was indeed included in the employment
contract at the basis of the matter at stake and stated the following:
“If either party terminated the contract with just cause, following amount will have to be paid.
(usd 12,272.75). If there is no agreement on the amount, compensation for breach of contract
is payables in accordance with art. 17 of the FIFA Regulations.”
56. In view of the above, the Chamber considered that the compensation clause was (i) not
clear and (ii) the amount agreed upon was not proportionate to the residual value of the
Second Contract.
57. In particular, the Chamber pointed out that clause 12 of the Second Contract was not clear
as, on the other hand, established an amount to be paid as compensation and, on the other
hand, stated that if there is no agreement, the compensation would be calculated based
on the Regulations. Secondly, according to the Chamber, the amount established
corresponded to one fourth of the residual value of the Second Contract (USD 47,725).
58. Consequently, the Chamber decided not to award the amount agreed upon as the clause
lacked clarity and the amount agreed was disproportionate to the residual value of the
Second Contract.
59. Having stablished the above, the members of the Chamber determined that the amount
of compensation payable by the Club to the Player had to be assessed in application of the
other parameters set out in art. 17, par. 1 of the Regulations. In this respect, the Chamber
recalled that, as a general rule, the compensation to be paid to the Player by the Club shall
be equal to the residual value of the contract that was prematurely terminated, unless the
player signed a new contract following the termination of his previous contract (cf. art. 17
par. 1 lit. i)).
pg. 18
REF. FPSD-18351
60. Bearing in mind the foregoing as well as the claim of the Claimant, the Chamber proceeded
with the calculation of the monies payable to the Claimant under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of USD 47,727.25 (i.e. the residual value of the Second Contract)
serves as the basis for the determination of the amount of compensation for breach of
contract.
61. In continuation, the Chamber verified as to whether the Player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new
employment contract shall be taken into account in the calculation of the amount of
compensation for breach of contract in connection with the player’s general obligation to
mitigate his damages.
62. Indeed, the Player found employment with the Bahraini club, Sintra Cultural and Sports
Club valid as from 1 January 2025 until 31 May 2025. In accordance with the pertinent
employment contract, the Player was entitled to a monthly salary of USD 6,000 “including
housing fees and transportation from 01/01/2025 to the date 31/05/2025 in the sports season
2024-2025.”. Therefore, the Chamber concluded that the Claimant mitigated his damages
in the total amount of USD 30,000, that is, USD 6,000 times 5.
63. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the contract
termination took place due to said reason, i.e. overdue payables by the Club, and therefore
decided that the Player shall receive additional compensation.
64. In this respect, the DRC decided to award the amount of additional compensation of USD
28,636.35, i.e. three times the monthly remuneration of the Player.
65. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Respondent must pay the amount of
USD 46,363.6 net of taxes in Saudi Arabia to the Claimant (i.e. USD 47,727.25 minus USD
30,000 plus USD 28,636.35), which was to be considered a reasonable and justified amount
of compensation for breach of contract in the present matter.
66. Lastly, taking into consideration the Player’s request as well as the constant practice of the
Football Tribunal in this regard, the Chamber decided to award the Player interest on said
compensation at the rate of 5% p.a. as of 23 December 2024 until the date of effective
payment.
pg. 19
REF. FPSD-18351
iii. Compliance with monetary decisions
67. 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.
68. 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.
69. Notwithstanding the above, the DRC wished to remark that in accordance with art. 24 par.
3 of the Regulations, the aforementioned consequences may be excluded where the
pertinent FIFA deciding body has already imposed on the same party a sporting sanction
on the basis of article 12bis, 17 or 18quater of the Regulations.
70. In this respect, considering that art. 17 par. 4 of the Regulations applies in the matter, the
Chamber established that art. 24 par. 2 of the Regulations shall not apply, insofar as in case
the Respondent fails to comply with the decision at hand, the application of a further ban
from registering any new players on top of the one already being served by the Respondent
would be moot and against the spirit of the Regulations, in particularly the enforcement
mechanism established under art. 24 of the Regulations.
71. In view of the above, the DRC decided that, if the aforementioned sum plus interest is not
paid within 30 days of notification of this decision, the present matter shall be submitted,
upon request of the Claimant, to the FIFA Disciplinary Committee for its consideration and
formal decision.
72. The Respondent shall make full payment (including all appliable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, a copy of which
is available in the present file on the FIFA Legal Portal.
d. Costs
73. 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.
pg. 20
REF. FPSD-18351
74. 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.
75. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 21
REF. FPSD-18351
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Maicon Douglas Teixeira Goulart Alves, is partially accepted.
2.
The Respondent, Alsafa Club, must pay the Claimant the following amounts:
- SAR 137,567.8 as outstanding remuneration plus 5% interest p.a. as follows:
-
5% interest p.a. over the amount of SAR 5,000 as from 31 December 2024 until the
date of effective payment;
5% interest p.a. over the amount of SAR 5,000 as from 31 January 2025 until the date
of effective payment;
5% interest p.a. over the amount of SAR 7,000 as from 31 August 2024 until the date
of effective payment;
5% interest p.a. over the amount of SAR 7,000 as from 1 October 2024 until the date
of effective payment;
5% interest p.a. over the amount of SAR 3,500 as from 31 October 2024 until the date
of effective payment;
5% interest p.a. over the amount of SAR 2,000 as from 1 December 2024 until the
date of effective payment;
5% interest p.a. over the amount of SAR 16,022.18 as from 31 October 2024 until the
date of effective payment;
5% interest p.a. over the amount of SAR 46,022.81 as from 1 December 2024 until
the date of effective payment;
5% interest p.a. over the amount of SAR 46,022.81 as from 31 December 2024 until
the date of effective payment;
- USD 66,959.75 net of taxes in Saudi Arabia as outstanding remuneration plus 5%
interest p.a. as follows:
-
5% interest p.a. over the amount of USD 4,232.05 as from 1 August 2024 until the
date of effective payment;
5% interest p.a. over the amount of USD 9,545.45 as from 1 September 2024 until
the date of effective payment;
5% interest p.a. over the amount of USD 9,545.45 as from 1 October 2024 until the
date of effective payment;
5% interest p.a. over the amount of USD 9,545.45 as from 1 November 2024 until the
date of effective payment;
5% interest p.a. over the amount of USD 9,545.45 as from 1 December 2024 until the
date of effective payment;
5% interest p.a. over the amount of USD 9,545.45 as from 24 December 2024 until
the date of effective payment;
5% interest p.a. over the amount of USD 15,000 as from 1 October 2024 until the
date of effective payment.
pg. 22
REF. FPSD-18351
- USD 46,363.6 net of taxes in Saudi Arabia as compensation for breach of contract
plus 5% interest p.a. as from 23 December 2024 until the date of effective payment.
- SAR 20,000 as contractual penalty
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.
If the aforementioned sum, plus interest, is not paid within 30 days of notification of this
decision, the case will be referred, upon request of the Claimant, to the FIFA Disciplinary
Committee for review and a formal decision.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 23
REF. FPSD-18351
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. 24