Labour Disputes
Texto da decisão
REF. FPSD-19408
Decision of the
Dispute Resolution Chamber
passed on 25 September 2025
regarding an employment-related dispute concerning the player
Guy Carel Mbenza Kamboleke
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Khadija TIMERA (Senegal), Member
Dana MOHAMED AL-NOAIMI (Qatar), Member
CLAIMANT:
Guy Carel Mbenza Kamboleke, Congo
Represented by Elite Law SA
RESPONDENT:
Al Tai, Saudi Arabia
pg. 2
REF. FPSD-19408
I. Facts of the case
1.
On 10 July 2022, the Congolese player Guy Carel Mbenza Kambolek (hereinafter: the
Claimant or the Player) and the Saudi Arabian club Al Tai (hereinafter: the Respondent or the
Club) concluded an employment contract (hereinafter: the Contract) valid as from its date
of signature until 30 June 2024.
2.
In accordance with the Contract, the Respondent undertook to pay the Claimant a monthly
salary of USD 65,217 net.
3.
In addition, the Contract stipulated that the Respondent undertook to pay the Claimant the
following amounts (quoted verbatim):
4.
Payment type
Currency
Advanced
450,000
payment for the
first year
Amount
USD
Advanced
450,000
payment for the
second year
USD
Payment deadline (DD.MM.YYYY)
The player is paid as follows:
1-First payment of $250,000, two
hundred and fifty thousand US dollars, to
be paid once the contract had been
signed.
2-Second payment of $100,000, one
hundred thousand US dollars, to be paid
after 1 month receiving the first payment.
2-third payment of $100,000, one
hundred thousand US dollars, to be paid
2 month after receiving the first payment.
The player is paid as follows:
1-First payment of $250,000, two
hundred and fifty thousand US dollars, to
be paid on the first of August 2023.
2-Second payment of $100,000, one
hundred thousand US dollars, to be paid
on the first of September 2023.
2-third payment of $100,000, one
hundred thousand US dollars, to be paid
2 on the first of October 2023.
Furthermore, article 5.6 of the Contract stipulated the following:
“The Player shall be entitled to paid annual leave of [MINIMUM 28 CALENDAR DAYS]. In all
circumstances, the Player shall have the right to paid leave of a minimum length of 28 calendar
days pert 2-month period, with a guarantee that at least two weeks of paid leave may be taken
uninterrupted after the first part of the season and at least two weeks after the last official match
pg. 3
REF. FPSD-19408
of the season. Where the duration of this Contract is less than 12 months, the periods of paid
leave referred to above shall apply on a pro rata basis.
Annual vacation dates shall be as agreed by the Parties in advance. As a general rule, the Player
shall only take annual leave where no official matches are to be played by the Club. Where the
Parties, acting reasonably, fail to reach an agreement in respect of the annual vacation dates,
the Club shall fix the Player's annual vacation dates according to the needs of the sporting
activity of the Club, taking into account, to the extent possible, the interests of the Player. […]”
5.
On 25 July 2023, the parties concluded an agreement to terminate the Contract
(hereinafter: the Termination Agreement) as well as a financial declaration (hereinafter: the
Financial Declaration).
6.
The Termination Agreement read as follows (quoted verbatim):
“[…] On Tuesday 25/07/2023, it was agreed between the player/ Guy Mbenza Kambolke,
Nationality Congolese, Passport Number: OA0399342, and the Saudi Al Tai Club, a member of
the Saudi Football Association, represented by the chief executive officer, Mr. Badr Ayed Alswaidi,
according to what follows:
1. Terminate the contract concluded between the two parties on 10/07/2022.
2. The player received (100,000) one hundred thousand USD as agreed to terminate the contract.
[…]”
7.
The Financial Declaration stipulated the following:
“[…] I am Guy Carel Mbenza Kambolke, Passport No: OA0399342, Professional player football
in Al Tai Saudi Club.
According to the signed contract on 10/07/2022.
I acknowledge that I have received all my financial dues from Al Tai Club until 25/07/2023, and
I have no financial requirement left. […]”
8.
On 16 May 2025, the Claimant put the Respondent in default as follows:
“[…] According to clause 5 of the Contract, your Club expressly agreed to pay the Player for the
season 2022/2023 a total remuneration USD 1,200,000 net, divided as follows: (i) twelve (12)
monthly salaries of USD 65,217 net each, as per clause 5.1 of the Contract, and (ii) an advanced
payment of USD 450,000 net, as per clause 5.2 of the Contract.
pg. 4
REF. FPSD-19408
According to clause 5.2 of the Contract, it was agreed that the advanced payment would be paid
by your Club as follow:
a. USD 250,000 net to be paid once the Contract is signed;
b. USD 100,000 net to be paid after 1 month receiving the first payment; and
c. USD 100,000 net to be paid after 2 months after receiving the first payment.
While the Player seems to have received the first payment of USD 250,000 net, he has informed
to us that he never received the 2 subsequent payments of USD 100,000 net each, so your Club
has a current overdue towards the Player of USD 200,000 net.
In light of the above, we put your Club on notice to pay the current overdue to the Player equal
to USD 200,000 net within the following seven (7) days upon receipt of this letter by email […]”
9.
On 18 May 2025, the Respondent answered the Claimant’s default notice by attaching to
its email the Termination Agreement and the Financial Declaration.
II. Proceedings before FIFA
10. On 28 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
11. In his claim, the Claimant argued that he did not renounce to his rights under the Contract
by signing the Termination Agreement and the Financial Declaration.
12. In particular, the Claimant stated that, on 25 July 2023, his outstanding remuneration
corresponded to the following amounts:
•
USD 54,347 net as the pro-rata monthly salary for July 2023;
•
USD 200,000 net as the last two instalments of the advance payment for the season
2022/2023;
•
USD 37,500 net as the pro-rata amount of the advance payment for the season
2023/2024; and
•
USD 65,572.36 net as unused paid holidays.
13. In this regard, the Claimant stated that he can no longer access his bank account in Saudi
Arabia to confirm the payment date of the first instalment of the advance payment for the
season 2022/2023.
pg. 5
REF. FPSD-19408
14. In addition, the Claimant argued that he was pressured by the Club to sign the Termination
Agreement and the Financial Declaration without being given a period of reflection, and
that he cannot validly waive remuneration for his work already performed.
15. Having stated the above, the Claimant’s requests for relief were the following:
“I. The claim filed by Mr Guy Carel Mbenza Kamboleke before the FIFA DRC against Al-Tai Saudi
Club is upheld.
II. Al-Tai Saudi Club is condemned to pay Mr Guy Carel Mbenza Kamboleke USD 357,419.36 net
as outstanding salaries, according to the following calculations:
a. USD 200,000 net, plus 5% p.a. interests as from 1 July 2023 until the date of full and effective
payment;
b. USD 54,347 net, plus 5% p.a. interests as from 25 July 2023 until the date of full and effective
payment;
c. USD 37,500 net, plus 5% p.a. interests as from 25 July 2023 until the date of full and effective
payment; and
d. USD 65,572.36 net, plus 5% p.a. interests as from 25 July 2023 until the date of full and
effective payment.
III. Al-Tai Saudi Club shall bear any and all the possible costs of this procedure.”
b. Position of the Respondent
16. In its reply, the Respondent submitted a proof of payment dated 25 July 2023, in the
amount of SAR 375,000 in favour of the Claimant, as stipulated in the Termination
Agreement.
c. Reaction of the Claimant to the alleged proof of payment
17. The Claimant did not provide any comments regarding the alleged proof of payment
submitted by the Respondent.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
18. 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
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REF. FPSD-19408
the present matter was presented to FIFA on 28 May 2025 and submitted for decision on
25 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.
19. 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 Congolese player and a Saudi
Arabian club.
20. In continuation, the Chamber stated that, although the admissibility of the Player’s claim is
not disputed by the Club, the following facts must be recalled:
•
The Contract was valid from 10 July 2022 until its date of termination on 25 July 2023.
•
Based on the information on the Transfer Matching System (hereinafter: TMS), the
season 2022/2023 in Saudi Arabia started on 25 August 2022 and ended 30 May
2023.
•
Based on the information on TMS, the season 2023/2024 in Saudi Arabia started on
11 August 2023 and ended 30 June 2024.
•
According to the Contract, the Respondent undertook to pay the Claimant a monthly
salary of USD 65,217 net, as well as an advance payment of USD 450,000 for the
season 2022/2023, payable in three instalments as follows:
i.
ii.
iii.
•
USD 250,000 once the Contract has been signed, i.e. 10 July 2022.
USD 100,000 one month after receiving the first instalment.
USD 100,000 two months after receiving the first instalment.
The Claimant stated that he can no longer access his bank account in Saudi Arabia
to confirm the payment date of the first instalment of the advance payment for the
season 2022/2023.
21. Taking into account the foregoing and the Player’s claim, the Chamber understood that,
according to the Player, on 25 July 2023, i.e. the date of termination of the Contract, he was
entitled to the following amounts:
•
USD 54,347 net as the pro-rata monthly salary for July 2023;
pg. 7
REF. FPSD-19408
•
USD 200,000 net as the last two instalments of the advance payment for the season
2022/2023;
•
USD 37,500 net as the pro-rata amount of the advance payment for the season
2023/2024; and
•
USD 65,572.36 net as unused paid holidays.
22. In the absence of any evidence on file regarding the payment date of the first instalment
of the advance payment for the season 2022/2023, the Chamber stated that that the Player
failed to demonstrate that it was paid at a later date than according to the Contract, i.e. 10
July 2022. Accordingly, the Chamber concluded that the second and third instalments of
the advance payment for the season 2022/2023 were respectively due on 10 August 2022
and 10 September 2022.
23. At this point, the Chamber referred to art. 23 par. 3 of the Regulations, which stipulates
that the decision-making bodies of FIFA shall not hear any dispute if more than two years
have elapsed since the facts leading to the dispute arose. In this respect, the Chamber
emphasized that the application of this time limit shall be examined ex officio in each
individual case.
24. With the above in mind, the Chamber recalled that the present claim was lodged in front
of FIFA on 28 May 2025. Therefore, in line with art. 23 par. 3 of the Regulations, the
Chamber stated that any amounts fallen due before 28 May 2023 are affected by the
statute of limitations.
25. In this context, the Chamber decided that the Claimant’s request is partly inadmissible, i.e.
regarding the second and third instalments of the advance payment for the season
2022/2023, as it is time-barred in line with art. 23 par. 3 of the Regulations.
26. 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
27. 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 TMS.
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REF. FPSD-19408
c. Merits of the dispute
28. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
i. Main legal discussion and considerations
29. The Chamber then moved to the substance of the matter, and took note that, according to
the Claimant, the Respondent failed to fulfil certain financial obligations under the
Contract, namely USD 357,419.36, which he waived as part of the Termination Agreement
and the Financial Declaration.
30. In addition, the Chamber took note that, according to the Respondent, the Claimant’s claim
should be dismissed in view of the Termination Agreement, the Financial Declaration and
the proof of payment dated 25 July 2023, in the amount of SAR 375,000 in favour of the
Claimant.
31. In this context, the Chamber acknowledged that its task was to determine if the parties
validly concluded the Termination Agreement and the Financial Declaration, and to decide
on the consequences arising thereof.
32. The Chamber first pointed out that the Claimant did not dispute signing the Termination
Agreement and the Financial Declaration, or having received the corresponding payment
of SAR 375,000, equivalent to USD 100,000, but argued to have been pressured into signing
those documents. In this regard, the Chamber stated that any claim of duress needs to be
proven, and the signed Termination Agreement and Financial Declaration are binding upon
the parties unless there is convincing evidence to the contrary.
33. 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.
34. In accordance with the foregoing considerations, the Chamber concluded that it was not
possible to establish that the Termination Agreement was concluded under duress and,
therefore, it is valid regarding the mutual termination of the Contract between the parties.
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REF. FPSD-19408
35. Notwithstanding the above, the Chamber wished to recall that the mere signing of a
contract is not sufficient to ensure the enforceability of its contents. In particular, the wellestablished jurisprudence of the Football Tribunal and the Court of Arbitration for Sports
(CAS) on waivers provides that (i) in general terms, an employee (e.g., a player or a coach)
cannot waive remuneration for work already performed; and (ii) in order to assess whether
a transaction is permissible, the court / deciding-making body is required to conduct a
balancing of interests by considering whether the reciprocal claims waived by each party
are of comparable value. Put differently, whether there is an appropriate equivalence
between the parties’ reciprocal concessions.
36. In accordance with the foregoing, the Chamber held that, in principle, the Player’s salaries
from 10 July 2022 until 25 July 2023 cannot be waived as part of the Termination Agreement
and the Financial Declaration. In this case, the Chamber was not convinced that there was
an appropriate equivalence between the parties’ reciprocal concessions and, therefore, the
Player could not waive remuneration for work already performed.
37. In continuation, the Chamber pointed out 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 Chamber observed that, regardless of
the wording of the Financial Declaration, the Respondent failed to provide any evidence to
prove the payment of the amounts claimed as outstanding under the Contract by the
Claimant. Furthermore, the Chamber underlined that no reasonable justification was
presented by the Respondent for not having complied with the terms of the Contract.
38. 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 its termination on 25 July 2023. In this respect, the
Chamber stated that the Player’s outstanding remuneration at the time of termination of
the Contract, coupled with his specific requests for relief and the finding on the
admissibility of the claim, is equivalent to the pro-rata monthly salary for July 2023.
39. Consequently, the Chamber decided to award the Claimant USD 52,594.35 net, as the prorata monthly salary for July 2023 (i.e. USD 65,217 / 31 x 25 working days in July 2023).
40. 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 amount as from 25 July 2023 until the date of
effective payment.
41. Lastly, the Chamber decided to reject the Player’s request for the pro-rata amount of the
advance payment for the season 2023/2024, as its first instalment was due on 1 August
2023, i.e. after the date of termination of the Contract.
pg. 10
REF. FPSD-19408
42. With respect to the Player’s request for annual paid leave, the Chamber held that article
5.6 of the Contract did not entitle him to any additional remuneration beyond the value of
the Contract, and that, in any event, such leave must have been taken during the term of
the employment relationship. Thus, in the absence of any evidence substantiating the
Player’s claim, the Chamber decided to reject this request as well.
ii. Compliance with monetary decisions
43. 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.
44. 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.
45. 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.
46. 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.
47. 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
48. 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. 11
REF. FPSD-19408
49. 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.
50. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 12
REF. FPSD-19408
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Guy Carel Mbenza Kamboleke, is partially accepted.
2.
The Respondent, Al Tai, must pay to the Claimant the following amount:
- USD 52,594.35 net as outstanding remuneration plus 5% interest p.a. as from 25 July
2023 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. 13
REF. FPSD-19408
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:
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396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 14