Labour Disputes
Texto da decisão
REF. FPSD-18380
Decision of the
Dispute Resolution Chamber
passed on 26 August 2025
regarding an employment-related dispute concerning the player Renat
Dadashov
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Stijn BOEYKENS (Belgium), Member
André DOS SANTOS MEGALE (Brazil), Member
CLAIMANT:
Renat Dadashov, Azerbaijan
Represented by Sergio Araujo
RESPONDENT:
MKE Ankaragucu SK, Türkiye
pg. 2
REF. FPSD-18380
I. Facts of the case
1.
On 8 August 2024, the Azerbaijani player Renat Dadashov (hereinafter: the Player or the
Claimant) and the Turkish club MKE Ankaragucu SK (hereinafter: the Club or the Respondent)
entered into an employment contract (hereinafter: the Contract) valid as from the
aforementioned date until 30 June 2026.
2.
According to Clause 3 of the Contract, the Player was entitled to receive the following for
the 2024/2025 season (quoted verbatim):
“Additional Monthly Salaries
The Club undertakes to pay a total of 360,000 Euros (Three Hundred Sixty Thousand Euros) net
to the Player for the 2024/2025 football season for the following terms:
36.000 Euros net on 30.09.2024
36.000 Euros net on 31.10.2024
36.000 Euros net on 30.11.2024
36.000 Euros net on 31.12.2024
36.000 Euros net on 31.01.2025
36.000 Euros net on 28.02.2025
36.000 Euros net on 31.03.2025
36.000 Euros net on 30.04.2025
36.000 Euros net on 31.05.2025
36.000 Euros net on 30.06.2025
[…]
Bonuses
If the Player meets the success bonus conditions stated below, the related success bonus will be
paid to the Player within 30 days following the date of its achievement:
- For each series of 5 (five) goals scored by the Player in official League games in the 2024/2025
football season, the Club accepts to pay 5.000 (Five Thousand) Euros net as a success bonus.
- If the Player plays 25 (Twenty-five) official league games in the 2024/2025 football season in
the starting 11 team, the Club accepts to pay 15.000 (Fifteen Thousand) Euros net as a success
bonus.
- If the Club will promote to the TFF Super League at the end of the 2024/2025 football season,
the club accept to pay 30.000 (Thirty Thousand) Euros net as a success bonus.”
3.
For the 2025/2026 season, the parties agreed on different compensation structures in
Clause 3, depending on whether the Club participated in the TFF 1. League or the TFF Super
League. If the Club played in the TFF 1. League during said season, the Player would be
entitled to the following (quoted verbatim):
“Sign-on -fee Bonus Payment
pg. 3
REF. FPSD-18380
The Club undertakes to pay the Player the amount of 150.000 Euros (One Hundred Fifty
Thousand Euros) net, as a signing-on-fee-bonus, on 31.08.2025.
Additional Monthly Salaries
The Club undertakes to pay a total of 360,000 Euros (Three Hundred Sixty Thousand Euros) net
to the Player for the 2024/2025 football season for the following terms:
36.000 Euros net on 30.09.2025
36.000 Euros net on 31.10.2025
36.000 Euros net on 30.11.2025
36.000 Euros net on 31.12.2025
36.000 Euros net on 31.01.2026
36.000 Euros net on 28.02.2026
36.000 Euros net on 31.03.2026
36.000 Euros net on 30.04.2026
36.000 Euros net on 31.05.2026
36.000 Euros net on 30.06.2026
Bonuses
If the Player meets the success bonus conditions stated below, the related success bonus will be
paid to the Player within 30 days following the date of its achievement:
- For each series of 5 (five) goals scored by the Player in official League games in the 2024/2025
football season, the Club accepts to pay 5.000 (Five Thousand) Euros net as a success bonus.
- If the Player plays 25 (Twenty-five) official league games in the 2024/2025 football season in
the starting 11 team, the Club accepts to pay 15.000 (Fifteen Thousand) Euros net as a success
bonus.
- If the Club will promote to the TFF Super League at the end of the 2024/2025 football season,
the club accept to pay 30.000 (Thirty Thousand) Euros net as a success bonus.”
4.
Pursuant to Clause 3.1 and 3.3 of the Contract, the parties agreed that all amounts in the
Contract were net of taxes and the Club was obliged to pay every fiscal obligation and social
security contribution, if any existed, on behalf of the Player, as well as any obligation
against third parties in the present and future, in addition to paying the Player every
amount that he will be asked to pay as tax, social security contributions and others,
whenever they are due, with regard to the Contract.
5.
Furthermore, the parties agreed in Clause 3 on the following terms in case of termination
(quoted verbatim):
“10. If the player terminates the contract unjustly (without just cause) in any way or if the club
terminates the contract with just cause, the club has the right to demand compensation up to
the total amount of the contract.
11. If the Club terminates the employment contract before its term without just cause or the
Player terminates the employment contract with just cause, the Club is obliged to pay to the
Player, as penalty clause, all instalments that the Player would be entitled if the employment
pg. 4
REF. FPSD-18380
contract terminates on its term (30.06.2026), without any possibility of future mitigation or
deduction from any salaries, bonus or other amounts that the Player may be entitled to receive
as a result of entering into a new employment contract with a third club to exercise his
professional activity as a football player, until 30.06.2’026, which is expressly agreed by the
parties as fair and proportional.”
6.
On 3 February 2025, the Player sent the Club a notice entitled “Prior notice of Intention to
Unilaterally Terminate the Employment Contract with Just Cause.” It consisted of a default
notice to the Club, requesting payment of the pending salaries for November 2024,
December 2024, and January 2025 (for a total of EUR 108,000 net) within 15 days or the
Player would terminate the Contract.
7.
On 19 February 2025, the Player terminated the Contract via a notification sent by email to
the Club, citing just cause.
8.
Upon request of the FIFA general secretariat, the Player indicated that he was employed
with the Polish club Radomiak S.A. from 23 February 2025 until 30 June 2025. Under such
contract, the Player was entitled to a monthly basic remuneration of EUR 17,250 net plus
VAT (if due), beginning on the day of the Player’s registration with the new club.
II. Proceedings before FIFA
9.
On 26 February 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Claimant
10. The Player lodged a claim with FIFA for outstanding remuneration and compensation for
breach of contract.
11. Concerning the outstanding remuneration, the Player alleged that he was owed a total of
EUR 130,800 net, as follows:
•
•
•
•
EUR 36,000 net for the salary of November 2024, due on 30 November 2024;
EUR 36,000 net for the salary of December 2024, due on 31 December 2024;
EUR 36,000 net for the salary of January 2025, due on 31 January 2025;
EUR 22,800 net for the salary of 19 days in February 2025.
12. Concerning the compensation for breach of contract, the Player submitted that he was
entitled to the compensation foreseen in Clause 3.11 of the Contract, which equalled the
residual value of the Contract, without mitigation. The Player further submitted that this
amount corresponded to all salaries and signing fees through 30 June 2026, depending on
pg. 5
REF. FPSD-18380
whether the Club would be participating in the TFF 1. League (EUR 798,000 net) or the TFF
Super League (EUR 925,000 net) in the 2025/2026 season.
13. The Player further requested interest of 5% p.a., which he calculated as having accrued up
until 26 February 2025 as follows:
•
•
EUR 1,395.62 in case the Club participates in the TFF 1. League in the
2025/2026 season
EUR 1,500.41 in case the Club participates in the TFF Super League in the
2025/2026 season
14. He therefore requested additional interest as of 27 February 2025 until the date of effective
payment.
15. The Player’s request for relief was, therefore, as follows:
“I. This Claim must be upheld, by proven, declaring that the Respondent was found to be in
breach of the employment contract, namely for non-payment of the salaries of November
and December of 2024and Januaryof 2025, declaring as well that the breach was of such
seriousness that the Claimant had a just cause to unilaterally terminate the contractual
relationship with the Respondent;
II. This Claim must be upheld, by proven, declaring that the employment contract
termination by the Claimant with just cause, was lawful, once the Respondent was and still
is in breach of that employment contract, namely for non-payment of the salaries of
November and December of 2024 and Januaryof 2025;
III. The “MKE ANKARAGÜCÜ GENÇLIK VE SPOR KULÜBÜ DERNEĞI” be ordered
condemned to pay to the Claimant, RENAT OLEQOVİÇ DADASHOV, the total sum of:
and
a) Eur.: 798.976,44 (SEVEN HUNDRED AND NINETY-EIGHT THOUSAND, NINE HUNDRED
AND SEVENTY-SIX EUROS AND FORTYU-FOUR CENTS) net, in case that the Respondent ́s
First Football Team will be playing in the TFF 1. League, in the season 2025 / 2026; or
b) Eur.: 926.476,44 (NINE HUNDRED AND THWENTY-SIX THOUSAND, FOUR HUNDRED
AND SEVENTY-SIX EUROS AND FORTY-FOUR CENTS) net, in case that the
Respondent ́s First Football Team will be playing in the TFF Super League, in the season
2025 / 2026;
all plus interests due for the delay of the agreed payment calculated from 27.02.2025
until full and effective payment.
all plus interests over the relevant outstanding instalments, bonuses, as well as
the relevant compensation, calculated from 27.02.2025 until full and effective
pg. 6
REF. FPSD-18380
payment, all without any possibility of future mitigation or deduction from any
salaries, bonus or other amounts that the Claimant would be entitled to receive as a
result of entering into a new employment contract with a third club to exercise his
professional activity as football player, until 30 June 2026.”
b. Position of the Respondent
16. In its reply, the Club rejected the claim, alleging that it had made payments to the Player
before the Contract’s termination.
17. The Club further rejected the notion that the Player could claim compensation on the
assumption that the Club would compete in the TFF Super League the following season
when, as of the date of filing its reply, it was “crystal clear” that the Club had “no chance” to
be promoted.
18. The Club further submitted that, under art. 337b of the Swiss Code of Obligations, a
mandatory provision, a penalty clause cannot be “validly decided between the parties for
compensation because of a termination with just cause. Therefore, the club should be liable to
compensate only for the player’s damage” based on art. 17 of the FIFA Regulations on the
Status and Transfer of Players. As such, the Player’s compensation shall be mitigated by his
new contract with Radomiak.
pg. 7
REF. FPSD-18380
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
19. 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 26 February 2025 and submitted for decision
on 26 August 2025. Taking into account the wording of art. 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.
20. 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
an Azerbaijani player and a Turkish club.
21. 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
22. 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
23. 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. 8
REF. FPSD-18380
i. Main legal discussion and considerations
24. The Chamber then moved to the substance of the matter, and took note of the fact that
this case concerned a claim for outstanding remuneration and compensation for breach
of contract, whereby the Player submits having terminated his Contract for just cause
under art. 14bis of the Regulations.
25. In this context, the Chamber acknowledged that its task was to determine whether the
termination occurred with just cause and, in the affirmative, the consequences deriving
therefrom.
26. Based on the evidence on file – and particularly noting the lack of a substantive reply from
the Club in this respect – the Chamber concluded that the Player satisfied all formal
requirements for terminating his Contract for just cause under art. 14bis of the
Regulations, as it was evident that there were more than two outstanding salaries and the
Player established that he had provided a time limit of at least 15 days for the Club to
remedy such breach.
27. Therefore, the Chamber held that the Player terminated the Contract with just cause and
the Club shall be liable for the consequences deriving therefrom.
ii. Consequences
28. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Club.
29. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, was equivalent to 4 salaries under
the Contract, amounting to EUR 144,000 net.
30. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant the amounts
which were outstanding under the Contract at the moment of the termination, i.e., EUR
144,000.
31. 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 from 27 February 2025 until the date
of effective payment.
32. 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
pg. 9
REF. FPSD-18380
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.
33. 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.
34. In this regard, the Chamber established that the parties introduced such a compensation
clause in Clause 3.10 and 3.11 of the Contract:
“10. If the player terminates the contract unjustly (without just cause) in any way or if the
club terminates the contract with just cause, the club has the right to demand compensation
up to the total amount of the contract.
11. If the Club terminates the employment contract before its term without just cause or the
Player terminates the employment contract with just cause, the Club is obliged to pay to the
Player, as penalty clause, all instalments that the Player would be entitled if the employment
contract terminates on its term (30.06.2026), without any possibility of future mitigation or
deduction from any salaries, bonus or other amounts that the Player may be entitled to receive
as a result of entering into a new employment contract with a third club to exercise his
professional activity as a football player, until 30.06.2’026, which is expressly agreed by the
parties as fair and proportional.”
35. After due consideration of the foregoing clause, the Chamber ultimately found that such a
clause was both reciprocal and proportionate, in line with the Football Tribunal’s
established jurisprudence in this respect. In particular, the Chamber recalled the Tribunal’s
established practice of finding that a clause which awards the residual value of the
employment contract shall generally be considered as proportionate.
36. Furthermore, the DRC reasoned that, regardless of the nomen iuris employed in the
Contract, the content and nature of the above-cited provisions made it clear that the
parties intended to establish the precise consequences of a termination with and without
just cause by either party, in the sense of art. 17 par. 1 of the Regulations.
37. As a consequence, the members of the Chamber determined that the amount of
compensation payable by the Club to the Player shall be assessed in application of the
compensation clause contained in the Contract.
38. To this effect, the DRC noted that neither the Player nor the Club provided any concrete
allegations or evidence as to the applicable salary level for calculating the residual value of
the Contract within the scope of the compensation clause at issue. Rather, the Club simply
pg. 10
REF. FPSD-18380
alleged that, at the time the claim’s filing, the Club had no chance of participating in the TFF
Super League in the 2025/2026 season.
39. Thus, without further information in the file to this end, and in view of (i) the Player’s
alternative requests for relief, (ii) the Club’s statement essentially denying its participation
in the TFF Super League in the 2025/2026 season, and (iii) the fact that the Contract clearly
and unequivocally stated that the Player had a guaranteed contract (or, alternatively, was
guaranteed compensation) until 30 June 2026, the DRC considered it proper to calculate
the value of the compensation clause (i.e., the residual value of the Contract) using the
salary level specified for the Club’s participation in the TFF 1. League during the 2025/2026
season.
40. As such, the Chamber determined that the residual value to take into account shall be EUR
654,000 net (i.e., EUR 36,000 times 14 months plus EUR 150,000 net signing fee).
41. 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
EUR 654,000 net to the Claimant, which was to be considered a reasonable and justified
amount of compensation for breach of contract in the present matter.
42. 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
on said compensation at the rate of 5% p.a. as of 27 February 2025 until the date of
effective payment.
43. Lastly, and also taking into consideration the Claimant’s particular request for interest
accrued up until 26 February 2025 as described in his claim and, more generally, the
Claimant’s request for relief, the Chamber also deemed it appropriate to award such
interest in the amount of EUR 976.44.
iii. Compliance with monetary decisions
44. 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.
45. 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.
pg. 11
REF. FPSD-18380
46. 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.
47. 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.
48. 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.
d. Costs
49. 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.
50. 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.
51. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 12
REF. FPSD-18380
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Renat Dadashov, is accepted.
2.
The Respondent, MKE Ankaragucu SK, must pay to the Claimant the following amount(s):
- EUR 144,000 net as outstanding remuneration plus 5% interest p.a. as from 27 February
2025 until the date of effective payment;
- EUR 654,000 net as compensation for breach of contract plus 5% interest p.a. as from
27 February 2025 until the date of effective payment;
- EUR 976.44 net as interest.
3.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
4.
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.
5.
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.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 13
REF. FPSD-18380
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. 14