Labour Disputes
Texto da decisão
REF. FPSD-19336
Decision of the
Dispute Resolution Chamber
passed on 8 August 2025
regarding an employment-related dispute concerning the player
Louye Dramane Traore
COMPOSITION:
Martín AULETTA (Argentina), Deputy Chairperson
Peter LUKASEK (Slovakia), Member
Oleg ZADUBROVSKIY (Russia), Member
CLAIMANT:
Louye Dramane Traore, Burkina Faso
Represented by Deep Ray
RESPONDENT:
AL-Furat Sport Club, Iraq
Represented by Ammar Asfour
pg. 2
REF. FPSD-19336
I. Facts of the case
1.
On 19 September 2024, the player from Burkina Faso Louye Dramane Traore (hereinafter:
the Claimant or the Player) and the club from Iraq Al-Furat Sport Club (hereinafter: the Club
or the Respondent) concluded an employment contract (hereinafter: the Contract) valid as
from 1 October 2024 until 30 May 2025.
2.
According to the Contract, the Respondent undertook to pay the Claimant a monthly salary
of USD 500.
3.
On 20 April 2025, the Claimant and the Respondent concluded a document to terminate
their employment relationship (hereinafter: the Termination Agreement).
4.
The Termination Agreement read as follows:
“[…] I acknowledge, with full legal capacity, without temptation or coercion, and of my own free
will, which is not tainted by a defect of will,
That my contract with the club has completely ended and I no longer have any claims or rights,
and all my material and moral rights have been fulfilled by the club, and I hereby declare that I
have no financial or other dues left against the club
I also acknowledge that I have received all my financial dues due to the club according to the
contract concluded between us and mentioned above, and therefore my relationship with the
club of the other party to the contract ends, and the club no longer owes me any rights that can
be claimed before any judicial or arbitration authority in Iraq and outside Iraq in the future […]”
5.
On 7 May 2025, the Claimant sent the following correspondence to the Respondent:
“Dear Sir,
1. We represent Mr. Traore Louye Dramane, a professional football player of Burkinabe
nationality having passport number A3357852 (Player), in relation to an employment agreement
with Al-Furat Sports Club(Club), signed for the period from October 1, 2024, to April 20, 2025,
when a Mutual Termination Agreement (MTA) was signed. The Power of Attorney has been
attached to the letter.
2. Under the terms of the employment agreement, the Player was entitled to a monthly salary
of USD 500.
3. It has come to our attention that the Club has failed to make any salary payments to the
Player from the start of the contract on October 1, 2024, until the termination date of April 20,
2025. This period covers 6 full months (October 2024 to March 2025) and 20 days of April 2025,
totalling USD 3,333.40.
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REF. FPSD-19336
4. Despite repeated claims, including the Player’s assertion of non-payment, the Club has not
fulfilled its financial obligations, constituting a breach under Article 12bis of the FIFA Regulations
on the Status and Transfer of Players (RSTP).
5. Pursuant to Article 12bis, we hereby formally notify your Club to remedy this breach by paying
the overdue amount of USD 3,333.40 to the Player within 10 days from the date of this letter,
i.e., by May 17, 2025 to the following bank account: […]
6. Failure to comply with this notice will compel us to escalate the matter to the relevant FIFA
bodies, including the FIFA Dispute Resolution Chamber, to seek full redress, including interest,
penalties, and any applicable sanctions, without further notice.
7. We urge you to address this matter promptly to avoid further legal proceedings. Please
confirm receipt of this letter and your intention to comply by responding to this letter.
8. Please be advised that this notice is not, and is not intended to be, a complete statement of
the facts or law as they may pertain to this matter, and/or does not cause Our Client’s rights or
remedies, legal or equitable, all of which are specifically reserved, to be diminished under any
law. […]”
6.
On 8 May 2025, the Respondent answered the Claimant’s correspondence, noting that he
has received all his financial dues and that he signed and stamped the Termination
Agreement.
7.
On 12 May 2025, the Claimant sent the following correspondence to the Respondent:
“Dear Sir,
We write to you in furtherance of our previous Notice of Default dated 7 May 2025 (Notice of
Default) and on behalf of our client, Mr. Traore Louye Dramane (Our Client), address you as
under:
1. Our Client categorically denies having received the overdue amount of USD 3,333.40 from the
Club as claimed in the Notice of Default. The Club is hereby put to strict proof of such alleged
payments. Mere reference to a clause in a mutual termination agreement (MTA) is insufficient to
discharge the Club's financial obligations.
2. Furthermore, kindly note that in accordance with the long-standing jurisprudence of FIFA, a
player cannot legally waive outstanding dues, even when executing a mutual termination
agreement with his employer club. Any such clause attempting to waive unpaid entitlements is
therefore void and unenforceable and shall not bar Our Client’s right to claim amounts duly
owed.
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REF. FPSD-19336
3. Therefore, we reiterate that the Club remains liable to remit the overdue amount of USD
3,333.40 to Our Client on or before 17 May 2025 to the bank details mentioned in the Notice of
Default.
4. We trust that the Club will treat this matter with the urgency it requires and fulfil its
contractual obligations at the earliest possible to avoid any further complications or need for
legal action.
5. Failure to comply with this notice will compel us to escalate the matter to the relevant FIFA
bodies, including the FIFA Dispute Resolution Chamber, to seek full redress, including interest,
penalties, and any applicable sanctions, without further notice.
6. Please be advised that this notice is not, and is not intended to be, a complete statement of
facts or law as they may pertain to this matter and/or does not cause Our Client’s rights or
remedies, legal or equitable, all of which are specifically reserved, to be diminished under any
law. […]”
II. Proceedings before FIFA
8.
On 22 May 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
9.
In his claim, the Claimant argued that the Club had defaulted in paying him for the entire
duration of the Contract, i.e. from 1 October 2024 to 20 April 2025, amounting to USD
3,333.33. In this regard, the Claimant stated that the Respondent terminated the Contract
without just cause and coerced him in signing the Termination Agreement in order to avoid
liabilities incurred by unilaterally terminating the Contract without just cause.
10. In addition, the Claimant argued that he cannot legally waive outstanding remuneration as
part of the Termination Agreement as work already perform must be remunerated.
11. The Claimant’s requests for relief were the following:
“i. To rule that the Clearance is void to the extent that it waives the financial obligations of the
Club towards the Player in consideration of the services already performed by the Player.
ii. To rule that the Club is obligated to pay the Player, a total of USD. 3,333.33 as the
remuneration in accordance with the Contract as overdue payments along with default interest
at the rate of 5% per annum applicable as follows:
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REF. FPSD-19336
a. USD. 500 plus interest of 5% p.a. applicable from 1 November 2024 as the Salary for the
month of October 2024;
b. USD. 500 plus interest of 5% p.a. applicable from 1 December 2024 as the Salary for the
month of November 2024;
c. USD. 500 plus interest of 5% p.a. applicable from 1 January 2025 as the Salary for the month
of December 2024;
d. USD. 500 plus interest of 5% p.a. applicable from 1 February 2025 as the Salary for the month
of January 2025;
e. USD. 500 plus interest of 5% p.a. applicable from 1 March 2025 as the Salary for the month
of February 2025;
f. USD. 500 plus interest of 5% p.a. applicable from 1 April 2025 as the Salary for the month of
March 2025;
g. USD. 333.33 plus interest of 5% p.a. applicable from 20 April 2025 as the Salary for 20 days
of April 2025;
iii. To rule that the Club is obligated to pay the Player USD 666.67 as compensation for breach
of the Contract by terminating without just cause along with default interest at the rate of 5%
per annum applicable from 20 April 2025.
iv. Pass any other order that the Honourable FIFA DRC deem fit.”
b. Position of the Respondent
12. Despite being invited to do so, the Respondent failed to reply to the claim.
c. Unsolicited correspondence from the Respondent
13. On 24 July 2025, i.e. after the closure of the submission phase on 13 June 2025, the
Respondent submitted unsolicited correspondence, which has been disregarded in
accordance with art. 23 par. 1 of the Procedural Rules Governing the Football Tribunal
(hereinafter: the Procedural Rules).
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REF. FPSD-19336
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. 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 22 May 2025 and submitted for decision on 8
August 2025. Taking into account the wording of art. 31 and 34 of the January 2025 edition
of the Procedural Rules, the aforementioned edition of the Procedural Rules is applicable
to the matter at hand.
15. 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 player from Burkina Faso and
a club from Iraq.
16. 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
17. 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
18. 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.
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REF. FPSD-19336
i. Main legal discussion and considerations
19. The Chamber then moved to the substance of the matter, and took note of the fact that,
according to the Claimant, the Respondent terminated the Contract without just cause and
coerced him in signing the Termination Agreement in order to avoid liabilities incurred by
unilaterally terminating the employment relationship without just cause.
20. In addition, the Chamber noted that the Club did not respond to the claim, entailing that
its decision must be made on the basis of the documentation on file, that is, the
argumentation and evidence filed by the Claimant in line with art. 14 par. 1 and 21, par. 1
of the Procedural Rules.
21. In this context, the Chamber acknowledged that its task was to determine if the Claimant
and the Respondent validly concluded the Termination Agreement, and to decide on the
consequences arising thereof.
22. The Chamber first pointed out that the Claimant did not dispute signing the Termination
Agreement, but argued that he was forced to do so. In this regard, the Chamber stated that
any claim of duress needs to be proven, and the signed Termination Agreement is binding
upon the parties unless there is convincing evidence to the contrary.
23. With the above principle in mind and considering the lack of evidence filed by the Claimant
to support his allegation of duress, the Chamber determined that he did not meet his
burden of proof in line with art. 13, par. 5 of the Procedural Rules, hence his argumentation
in this regard should be set aside. In this respect, the Chamber referred to its
jurisprudence, according to which a party signing a document of legal significance,
generally, does so on its own responsibility and is so liable to bear the legal consequences
of it.
24. Considering the foregoing, the Chamber concluded that the Termination Agreement is
valid regarding the mutual termination of the Contract, that there was therefore no
unilateral termination of the employment relationship, and that consequently the Claimant
is not entitled to compensation.
25. Notwithstanding the above, the Chamber observed that, according to the Claimant, he is
entitled to outstanding remuneration under the Contract for the period from 1 October
2024 until 20 April 2025. In this regard, the majority of the Chamber acknowledged that its
task was to determine, based on the evidence presented by the parties, whether the
claimed amounts had in fact remained unpaid by the Respondent and, if so, whether the
latter had a valid justification for not having complied with its financial obligations.
26. The majority of the Chamber then noted that, in the case at hand, the Respondent bore
the burden of proving that it indeed complied with the financial terms of the Contract
concluded between the parties. Nonetheless, the majority of the Chamber observed that,
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REF. FPSD-19336
regardless of the wording of the Termination Agreement, the Respondent failed to timely
reply to the claim and therefore did not provide any evidence to prove the payment of the
amounts claimed as outstanding by the Claimant. In addition, the majority of the Chamber
noted that no reasonable justification was presented by the Respondent for not having
complied with the terms of the Contract.
27. In continuation, the majority of the Chamber pointed out that the outstanding
remuneration at the time of termination of the Contract on 20 April 2025, coupled with the
specific requests for relief of the Player, are equivalent to USD 3,333.33, i.e. the monthly
salaries from October 2024 until March 2024 and 20 working days in April 2025.
28. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the majority of the Chamber decided that the Respondent is liable to pay to the Claimant
USD 3,333.33 as the outstanding amount under the Contract at the moment of its
termination.
29. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the majority of the Chamber decided to award the
Claimant interest at the rate of 5% p.a. on the outstanding amount of USD 3,333.33 as
follows:
-
On the amount of USD 500, as from 1 November 2024 until the date of
effective payment;
-
On the amount of USD 500, as from 1 December 2024 until the date of
effective payment;
-
On the amount of USD 500, as from 1 January 2025 until the date of effective
payment;
-
On the amount of USD 500, as from 1 February 2025 until the date of effective
payment;
-
On the amount of USD 500, as from 1 March 2025 until the date of effective
payment;
-
On the amount of USD 500, as from 1 April 2025 until the date of effective
payment; and
-
On the amount of USD 333.33, as from 20 April 2025 until the date of effective
payment.
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REF. FPSD-19336
ii. Art. 12bis of the Regulations
30. The majority of the Chamber then referred to art.12bis par. 2 of the Regulations, which
stipulates that any club found to have delayed a due payment for more than 30 days
without a prima facie contractual basis may be sanctioned, in accordance with art. 12bis
par. 4 of the Regulations.
31. To this end, the majority of the Chamber confirmed that the Claimant put the Respondent
in default of payment of the amounts sought, which had fallen due for more than 30 days,
and granted the Respondent with at least 10 days to cure such breach of contract.
32. Accordingly, the majority of the Chamber also confirmed that the Respondent had delayed
a due payment without a prima facie contractual basis. It followed that the criteria
enshrined in art. 12bis of the Regulations were met in the case at hand.
33. The majority of the Chamber further established that, by virtue of art. 12bis par. 4 of the
Regulations the Chamber has competence to impose sanctions on the club. On account of
the above, the Chamber decided to impose a warning on the Respondent in accordance
with art. 12bis par. 4 lit. a) of the Regulations.
34. The majority of the Chamber also highlighted that a repeated offence will be considered as
an aggravating circumstance and lead to a more severe penalty, in accordance with art.
12bis par. 6 of the Regulations.
iii. Compliance with monetary decisions
35. 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.
36. 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.
37. 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.
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38. 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.
39. 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
40. 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.
41. 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.
42. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-19336
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Louye Dramane Traore, is partially accepted.
2.
The Respondent, AL-Furat Sport Club, must pay to the Claimant the following amount:
- USD 3,333.33 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of USD 500 as from 1 November 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 500 as from 1 December 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 500 as from 1 January 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 500 as from 1 February 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 500 as from 1 March 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 500 as from 1 April 2025 until the date of
effective payment; and
- 5% interest p.a. over the amount of USD 333.33 as from 20 April 2025 until the date of
effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A warning is imposed on the Respondent.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
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.
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REF. FPSD-19336
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.
7.
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-19336
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
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