Labour Disputes
Texto da decisão
REF. FPSD-19400
Decision of the
Dispute Resolution Chamber
passed on 16 October 2025
regarding an employment-related dispute concerning the player
Hamidou Traore
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Calum BEATTIE (Scotland), Member
Johan VAN GAALEN (South Africa), Member
CLAIMANT:
Hamidou Traore, Mali
Represented by Guy San Bartolome Sarrey
RESPONDENT:
Al Arabi, Saudi Arabia
Represented by Islam Hisham
pg. 2
REF. FPSD-19400
I. Facts of the case
1.
On 17 July 2024, the Malian player, Hamidou Traore (hereinafter: the Player or the Claimant),
and the Saudi club, Al Arabi (hereinafter: the Club or the Respondent) entered into an
employment contract (hereinafter: the Contract) valid as from 18 July 2024 until 17 June
2025.
2.
Art. 5 of the Contract provided, quoted verbatim:
“5.1 Fixed monthly remuneration
The Club shall pay the following fixed monthly remuneration to the Player (net of any
taxes, bank fees and foreign
Payment type
Currency
Amount
Monthly Salary
U.S Dollar
28,181$
The Club shall pay to the Player each monthly salary payment by the last day of each
month for a total 28,181 (Twenty-eight thousand one hundred and eighty-one dollars) and
the total salaries 310,000 (Three hundred thousand and ten thousand dollars). Total
months are eleven months. (TOTAL NUMBER OF MONTHS AS PER ART. 4.1
5.2. Conditional financial payments
The Club shall pay the following fixed financial payments to the Player (net of any taxes,
bank fees and foreign exchange charges)
Payment type
Currency
Amount
Payment deadline
(DD.MM.YYYY)
Contract provider
U.S Dollar
70.000 seventy
thousand dollars
30/08/2024
“
3.
Art. 12 par. 1 and par. 2 of the Contract provided, quoted verbatim:
“Article 12. Termination
1. In the case of the Club unlawfully failing to pay the Player at least two monthly salaries
on their due dates, the Player will be deemed to have a just cause to terminate this
Contract, provided that he has put the Club in default in writing and has granted a
deadline of at least 15 days for the Club to fully comply with its financial obligation(s).
pg. 3
REF. FPSD-19400
2. If either Party terminates the Contract with just cause, following amount will have to be
paid:. If there is no agreement on the amount, compensation for breach of contract is
payable in accordance with Art. 17 of the FIFA Regulations.”
4.
On 27 April 2025, the Club sent the Player a “Penalty notification” stating that part of his
monthly salary would be deducted because he had accumulated 4 yellow cards.
5.
On 2 May 2025, the Player through his legal representative, sent a notice of default to the
Club, via email, claiming that the Club failed to pay the monthly salaries of January 2025,
February 2025, March 2025 and April 2025 for a total of USD 112,724 net outstanding, and
granted the Club a 15-day time limit, to proceed with payment. In addition, the Player stated
that he never received a copy of the internal regulations of the Club and claimed that the
Club could not use the penalty as a way to reduce the outstanding remuneration due to
him.
6.
On 22 May 2025, the Player, through his legal representative sent a termination letter via
email to the Club, claiming that he did not receive the payments requested in the notice of
default.
II. Proceedings before FIFA
7.
On 27 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
8.
The Player submitted that the Club failed to pay him his salaries for the months January
2025, February 2025, March 2025 and April 2025 for a total of USD 112,724 net (4 months
x USD 28,181 net), in addition to the pro-rated salary of May 2025 that he valued at USD
19,999.45 net
9.
The Player affirmed having sent a notice of default to the Club, on 2 May 2025 stating that
it had 4 monthly salaries outstanding and granting the Club 15 days to remedy its default.
10. The Player stated that the Club did not answer his notice of default, nor proceeded to the
payment of the requested amounts within the prescribed time limit.
11. In that sense, the Player mentioned having terminated his Contract with just cause, on 22
May 2025.
pg. 4
REF. FPSD-19400
12. The Player also raised that according to the jurisprudence of the DRC namely, fines cannot
be used to offset debts and therefore that the fine imposed by the Club to the Player shall
not be deducted from the claimed amounts.
13. The Player made the following request for relief, quoted verbatim:
”S’ENTENDRE DIRE la plainte recevable et fondée ;
S’ENTENDRE DIRE que Monsieur H. TRAORE a résilié anticipativement le contrat de travail
le liant à AL ARABI et ce, pour juste cause, cette rupture ayant eu lieu le 22 mai 2025 (date
de notification de la rupture unilatérale de contrat notifiée formellement par Monsieur H.
TRAORE à AL ARABI).
S’ENTENDRE CONDAMNER AL ARABI au paiement d’un arriéré de rémunération s’élevant
à 132.723,45 nets dont ventilation comme suit :
28.181. $ nets (salaire du mois de janvier 2025) à augmenter d’un intérêt de 5% l’an depuis
le 31 janvier 2025 jusqu’à la date du paiement effectif
28.181. $ nets (salaire du mois de février 2025) à augmenter d’un intérêt de 5% l’an depuis
le 28 février 2025 jusqu’à la date du paiement effectif
28.181. $ nets (salaire du mois de mars 2025) à augmenter d’un intérêt de 5% l’an depuis
le 31 mars 2025 jusqu’à la date du paiement effectif
28.181. $ nets (salaire du mois d’avril 2025) à augmenter d’un intérêt de 5% l’an depuis le
30 avril 2025 jusqu’à la date du paiement effectif
19.999,45$ nets (salaire du mois de mai 2025 entre le 1er mai et le 22 mai 2025, soit
28.181 $ / 31 (nombre de jours en mai) x 22 (nombre de jours prestés en mai 2025) à
augmenter d’un intérêt de 5% l’an depuis le 22 mai 2025 jusqu’à la date du paiement
effectif
S’ENTENDRE CONDAMNER AL ARABI au paiement d’une indemnité compensatoire de
rupture de contrat comme suit :
A titre principal (hypothèse où Monsieur H. TRAORE ne soit pas sous contrat professionnel
avec un club tiers au moment de la prise de la décision par la FIFA DRC) :
36.632,55 $ nets (valeur résiduelle du contrat entre le 23 mai 2025 et le 17 juin 2025) et
ce, à augmenter d’un intérêt à 5% l’an depuis le dépôt de la présente plainte jusqu’à la
date du paiement effectif.
pg. 5
REF. FPSD-19400
A titre subsidiaire (hypothèse où Monsieur H. TRAORE a conclu un contrat professionnel
avec un club tiers au moment de la prise de décision par la FIFA DRC) :
Valeur résiduelle du contrat de travail (soit 36.632,55 $ nets)
Rémunération à percevoir effectivement d’un club tiers dans le chef de Monsieur H.
TRAORE (application du principe « to mitigate the damage »)
+
Compensation supplémentaire équivalente à 3 mois de salaires consécutifs (soit 3 x
28.181 $ nets = 84.543 $ nets)
Sans pour autant que l’indemnité pour rupture de contrat ne puisse excéder le montant
maximum de 36.632,55 $ nets (application de l’article 17 point 1 ii du FIFA RSTP) et ce, à
augmenter d’un intérêt à 5% l’an depuis le dépôt de la présent plainte jusqu’à la date du
paiement effectif.
S’ENTENDRE REJETER toute prétention plus ample d’AL ARABI.
S’ENTENDRE LAISSER à la souveraine appréciation de la Chambre de Céans concernant
l’application des articles 17.4 OU 24 du FIFA RSTP. “
(freely translated to English)
“DEEM the complaint admissible and well-founded;
DEEM that Mr. H. TRAORE terminated the employment contract binding him to AL ARABI
early for just cause, this termination having taken place on May 22, 2025 (date of
notification of the unilateral termination of contract formally notified by Mr. H. TRAORE
to AL ARABI).
ORDER AL ARABI TO PAY outstanding remuneration amounting to 132,723.45 net, of which
the breakdown is as follows:
$28,181 net (salary for the month of January 2025) to be increased by interest of 5% per
annum from January 31, 2025, until the date of effective payment
$28,181 net (salary for the month of February 2025) to be increased by interest of 5% per
annum from February 28, 2025, until the date of effective payment
pg. 6
REF. FPSD-19400
$28,181 net (salary for the month of March 2025) to be increased by interest of 5% per
annum from March 31, 2025, until the date of the effective payment
$28,181 net (salary for the month of April 2025) to be increased by interest of 5% per
annum from April 30, 2025, until the date of effective payment
$19,999.45 net (salary for the month of May 2025 between May 1 and May 22, 2025, i.e.
$28,181 / 31 (number of days in May) x 22 (number of days worked in May 2025) to be
increased by interest of 5% per annum from May 22, 2025, until the date of the effective
payment
ORDER AL ARABI to pay compensation for breach of contract as follows:
Principally (if Mr. H. TRAORE is not under a professional contract with a third-party club
at the time of the decision taken by FIFA DRC):
$36,632.55 net (residual value of the contract between May 23, 2025, and June 17, 2025)
to be increased by interest at 5% per annum from the filing of this complaint until the date
of effective payment.
In the alternative (hypothesis that Mr. H. TRAORE entered into a professional contract with
a third-party club at the time of the decision taken by FIFA DRC):
Residual value of the employment contract (i.e. $36,632.55 net)
Remuneration to be actually received from a third-party club in the hands of Mr H. TRAORE
(application of the principle "to mitigate the damage")
+
Additional compensation equivalent to 3 consecutive months of salary (i.e. 3 x $28,181 net
= $84,543 net)
However, the indemnity for breach of contract may not exceed the maximum amount of
$36,632.55 net (application of Article 17 point 1 ii of the FIFA RSTP) and this, to be
increased by interest at 5% per year from the filing of the present complaint until the date
of the actual payment.
TO REJECT any further claim of AL ARABI.
TO BE LEFT to the sovereign discretion of this Chamber concerning the application of
Articles 17.4 OR 24 of the FIFA RSTP”.
pg. 7
REF. FPSD-19400
b. Position of the Respondent
14. In its reply, the Club acknowledged not paying the salaries of the Player, despite receiving
the notice of default.
15. The Club stated that it faced financial difficulties which affected his capacity to pay and also
underwent significant organizational changes that affected its operations.
16. The Club submitted that the request for compensation of the Player shall be mitigated by
the value of any subsequent employment contract he may have signed that would be
concurrent to the initial duration of the Contract.
17. The Club affirmed that the request for additional compensation of the Player is unfounded
and would excessively compensate him and requested that it be rejected.
18. The Club also mentioned that no sanctions shall be imposed, as the circumstances of the
case do not warrant it and that the Club is not a repeat offender.
19. The Club also claimed that it cooperated with the Player, FIFA and that it always acted in
good faith.
20. The Club concluded by making the following request for relief, quoted verbatim:
“For all the foregoing reasons, and based on the factual and legal arguments set out
above, and only in the case that no mediation occurs, the Respondent respectfully
requests the Honorable Dispute Resolution Chamber to:
1. Firstly: Take into account the temporary financial hardship, and limits the decision be
strictly to the unpaid salaries, excluding any additional or punitive compensation as
follows:
• USD 132,723-/ “One hundred thirty-two thousand”
2. Secondly: Refrain from imposing any sporting sanction on the Respondent.
3. First Alternative: Only if the Honourable Chamber considers additional compensation
appropriate, limit any such award strictly to the residual contract value and reject any
duplicative claims that exceed the actual damage suffered by the Player as follows:
• USD 132,723-/ “One hundred thirty-two thousand”, being the outstanding payments.
• USD 36,632 -/ “Thirty-six thousand, six hundred thirty-two US dollars.”, being the residual
value of the contract.
pg. 8
REF. FPSD-19400
4. Reject the Claimant’s request for an additional compensation.
5. In any event: Order the Claimant to bear his procedural costs, as the Club has not acted
in bad faith and has participated constructively throughout the proceedings.”
c. Evidence of payment sent by the Respondent
21. On 9 October 2025, the Club informed the FIFA general secretariat that it had proceeded
to a payment of SAR 422,252.93 which they said was equivalent to USD 112,571.
22. On 11 October 2025, the Player acknowledged receiving a payment of USD 112,571 from
the Club.
pg. 9
REF. FPSD-19400
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
23. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or DRC) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that
the present matter was presented to FIFA on 27 May 2025 and submitted for decision on
16 October 2025. Taking into account the wording of arts. 31 and 34 of the January 2025
edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural
Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at
hand.
24. 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 Malian player and a Saudi club.
25. 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
26. 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
27. 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. 10
REF. FPSD-19400
i. Main legal discussion and considerations
28. The Chamber then moved to the substance of the matter and took note of the fact that the
Club has acknowledged owing the Player his salaries for the months of January, February,
March, April 2025 and the prorated salary of May 2025, which amounted to USD 132,723.
29. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, 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 obligation(s).
30. The Chamber noted that the Club has admitted not paying the Player his remuneration
corresponding to 4 months (January, February, March and April 2025).
31. Considering the wording of art. 5.1. of the Contract which stated that the monthly salary
was due “by the last day of each month”, the Chamber deemed that when he sent his default
of notice on 2 May 2025, the Player had 4 monthly salaries outstanding, namely (i) January
2025, due on 31 January 2025, (ii) February 2025 due on 28 February 2025, (iii) March 2025
due on 31 March 2025, and (iv) April 2025 due on 30 April 2025.
32. The Chamber also noted that the Claimant had provided written evidence of having put the
Respondent in default on 2 May 2025, i.e. at least 15 days before unilaterally terminating
the contract on 22 May 2025.
33. Thus, the Chamber concluded that the Claimant had just cause to unilaterally terminate
the contract, based on art. 14bis of the Regulations.
ii. Consequences
34. Having established the above, the Chamber moved on to the analysis of the consequences
of the breach of contract committed by the Club.
35. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, is equivalent to 4 monthly salaries
under the contract (January, February, March and April 2025), amounting to USD 112,724
net (4 times USD 28,181 net).
36. As for the monthly salary of May 2025, amounting to USD 28,181 net, the Chamber noted
that the termination occurred after the fifteenth day of the month of May 2025. In that
sense in following the constant practice of the Football Tribunal, the Chamber decided to
award this monthly salary as outstanding remuneration, instead of compensation.
pg. 11
REF. FPSD-19400
37. Taking into account the payment of USD 112,571 made by the Club on 9 October 2025, and
acknowledged by the Player on 11 October 2025, the Chamber decided to apply this
payment starting from oldest outstanding amount. In that sense, it confirmed that the
salaries of January, February and March 2025 were paid in full, and that USD 153 remained
outstanding on the salary of April 2025, as well as the full salary of May 2025.
38. In addition, taking into consideration the Player’s request for relief 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 the first day of the
following month until the date of effective payment, for monthly salaries, and as from the
date of termination, i.e. 22 May 2025, for the salary of May 2025. The interest was thus
awarded as follows:
- 5% interest p.a. over the amount of USD 153 net as from 1 May 2025 until the date of
effective payment; and
- 5% interest p.a. over the amount of USD 28,181 net as from 22 May 2025 until the date
of effective payment.
39. 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.
40. 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 them in
the event of breach of contract. In this regard, the Chamber noted that art. 12.2 of the
Contract stated, “if there is no agreement on the amount, compensation for breach of contract
is payable in accordance with Art. 17 of the FIFA Regulations”.
41. As a consequence, 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) of the
Regulations).
42. 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
pg. 12
REF. FPSD-19400
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of USD 15,969.23 net (i.e., the prorated salary of the 17 days of
June 2025) serves as the basis for the determination of the amount of compensation for
breach of contract.
43. In continuation, the Chamber verified as to whether the Claimant 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 Football Tribunal 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.
44. As the Player did not sign a new employment contract before the end date of the Contract,
the Chamber determined that he did not mitigate his damages. On account of all the abovementioned considerations and the specificities of the case at hand, the Chamber decided
that the Respondent must pay the amount of USD 15,969.23 net to the Claimant, which
was to be considered a reasonable and justified amount of compensation for breach of
contract in the present matter.
45. 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 Claimant interest on
said compensation at the rate of 5% p.a. as of 22 May 2025 until the date of effective
payment.
d. Costs
46. 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.
47. 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.
48. Lastly, the Chamber concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 13
REF. FPSD-19400
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Hamidou Traore, is partially accepted.
2.
The Respondent, Al Arabi, must pay to the Claimant the following amounts:
- USD 28,334 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of USD 153 net as from 1 May 2025 until the date of
effective payment; and
- 5% interest p.a. over the amount of USD 28,181 net as from 22 May 2025 until the date
of effective payment.
- USD 15,969.23 net as compensation for breach of contract plus 5% interest p.a. as
from 22 May 2025 until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
6.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 14
REF. FPSD-19400
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. 15