Labour Disputes
Texto da decisão
REF. FPSD-19466
Decision of the
Dispute Resolution Chamber
passed on 5 February 2026
regarding an employment-related dispute concerning the player
Konrad Hubert Michalak
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Jorge GUTIÉRREZ (Costa Rica), Member
Stella MARIS JUNCOS (Argentina), Member
CLAIMANT:
Konrad Hubert Michalak, Poland
Represented by Marcin Ungier
RESPONDENT:
Ohod, Saudi Arabia
Represented by Juan de Dios Crespo Pérez
pg. 2
REF. FPSD-19466
I. Facts of the case
1.
On 12 September 2023, the Polish player, Konrad Hubert Michalak (hereinafter: the Player
or the Claimant) and the Saudi club, Ohod (hereinafter: the Club or the Respondent) entered
into an employment contract (hereinafter: the Contract) valid until 30 June 2026.
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 exchange charges):
Payment type
Currency
Amount
Monthly Salary from 12
Sixty-Three Thousand Three
September 2023 until 30
United States Dollars Hundred Thirty-Three United
September 2023
States Dollars [63,333 $]
Monthly Salary from 01
October 2023 until 30 June
United States Dollars
One Hundred Thousand United
2026
States Dollars [100,000 $]
The Club shall pay to the Player monthly salaries, for the period from 12 September 2023
till 30 June 2026, with a total of [three million three hundred sixty-three thousand three
hundred thirty-three United States Dollars (3,363,333 $)]. The fixed monthly
remuneration will be paid monthly, by the 15th day of the following month.
5.2. Fixed 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
Advanced
Payment for the
first contractual
year.
Advanced
Payment for the
second
contractual year
Currency
Amount
Six Hundred Thousand
United States Dollars United States Dollars
Payment deadline
01 December 2023
(600,000 $)
Six Hundred Thousand
United States Dollars United States Dollars
01 December 2024
(600,000 $)
pg. 3
REF. FPSD-19466
Advanced
Six Hundred Thousand
Payment for the
third
United States Dollars United States Dollars
01 December 2025
(600,000 $)
contractual
year.
5.3 Conditional financial payments
The Club shall, upon satisfaction by the Player of the condition(s) specified in this section,
pay the following remuneration to the Player (net of any taxes, bank fees and foreign
exchange charges) within 30 days of the satisfaction by the Player of the respective
condition:
Payment type
Currency
Amount
Bonus
United States Dollars
25,000 USD
Promotion
Bonus
United States Dollars
50,000 USD
Payment deadline
In the event the Club
wins the Saudi Super
Cup during the validity
of this Contract.
In the event of the
Promotion of the Club
to Roshin League "the
Saudi Pro League"
during the validity of
this Contract.
[…]
5.5 Non-monetary benefits/Benefits in Kind
1. The Club shall also provide the following non-monetary benefits/benefits in kind to the
Player during the validity of the contract:
2. In relation to the accommodation, the Club shall provide accommodation to the Player
at the choice of the Club within the home city of the Club. The Player shall be responsible
for consumer spending related to housing, such as electricity, internet and water bills.
3.In relation to the transportation, the Club shall provide the Player with a sedan car of
its choice, fully insured. The Player will be responsible for fuel expenses, running costs,
traffic violations, and any damage to the vehicle not covered by insurance. The Player
must have a valid Driving License from the Club’s home country in order to be eligible for
this transportation.
pg. 4
REF. FPSD-19466
4.In relation to the flight tickets, the Player shall be provided with Four (4) round flight
tickets in business class (Al-Madinah al-Munawwarah - Istanbul - Al- Madinah alMunawwarah) per year. In order for the Player to be entitled to flight tickets. He must
notify the Club in sufficient time, not less than two weeks from the date of the travel date,
provided that there is an official holiday during the travel period and/or ticket
entitlement. The Player is not entitled to claim the value of the tickets if He does not use
all or some of these tickets. In addition, the Player shall not carry over the balance of
tickets to next contractual year. The Parties agreed that the air tickets are only issued to
the Player and/or his family members (i.e. spouse and children), provided that the
specified number is not exceeded.
5.All the relevant taxes, only in the home country of the Club, stem from the amounts
mentioned in the contract at stake shall be paid by the Club in addition to the monies
written herein’. The amounts shall be NET.”
3.
Art. 12 of the Contract provided, quoted verbatim:
“1.In the case of the Club unlawfully failing to pay the Player at least two (2) monthly
salaries on their due dates, the Player will be deemed to have a just cause to terminate
this Contract, provided that the Player has put the Club in default in writing and has
granted a deadline of at least fifteen (15) days for the Club to fully comply with its
financial obligation(s).
2. If either Party terminates the Contract with just cause, the compensation for
breach of contract is payable in accordance with Art. 17 of the FIFA Regulations.
3. The Club shall not terminate the contract due to the Player sustaining an injury
during play or training.
4. The validity of the Contract may not be made subject to a successful medical
examination and/or the grant of a work permit.
5. The Club shall not suspend, interrupt or delay the Player’s remuneration due to the
Player sustaining an injury during play or training. The Contract may not be
terminated by either party during the sporting season in any circumstances, with the
exception of cases where: (a) there is just cause; and/or (b) the Parties have agreed to
terminate the Contract before the date of its expiry by mutual consent.
6. The Player shall not, under any circumstances, waive salaries for work already
performed, unless it is of greater benefit to the player.
7. The Club shall notify the Committee in writing of any termination of this Contract
without delay and within three (3) working days at the latest. The Club shall also notify
the League Organiser wherever so required under the relevant League Organiser
regulations.”
4.
On 11 September 2024, the Player, the Club and the Egyptian club, Zamalek signed a
tripartite loan agreement (hereinafter: the Loan Agreement) valid from 11 September 2024
until 15 July 2025.
pg. 5
REF. FPSD-19466
5.
On 11 September 2024, the Player and the Club signed a settlement agreement
(hereinafter: the Settlement Agreement) to suspend the application of the Contract, for the
Player to go on loan with the Egyptian club, Zamalek.
6.
Arts. 1 to 12 of the Settlement Agreement read as follows, quoted verbatim:
“It is agreed as follows between the Parties,
1.During the loan period the Employment Contract shall be suspended until the end
of the loan period is finished on 15.07.2025, as stated in the three-party loan
agreement (Ohod Saudi Club, El Zamalek Sporting Club and the Player) concluded on
11.09.2024 (hereinafter: the “Loan Agreement").
2.The Player acknowledges that as of the date of signing the Loan Agreement, the
amounts remaining and owed to him under the Employment Contract for the
duration of the Loan Agreement amount to USD 235,000.00 net (within the meaning
stipulated in the Employment Contract). In addition, the Club undertakes to pay the
player the amount of USD 350.000 net (within the meaning stipulated in the
Employment Contract) during the loan period. For the avoidance of doubt the Parties
agree that all taxes and any additional fees (bank fees and foreign exchange charges)
will be borne by the Club.
3.The Player undertakes that after signing the Loan Agreement, the original
Employment Contract (Player and Ohod Saudi Club) will be suspended, and the
borrowing club (El Zamalek Sporting Club) will be responsible for paying the Player's
entitlements according to the employment contract signed with the borrowing club,
subject to the provisions indicated in this Settlement Agreement.
4.The Player acknowledges that he is responsible for negotiating with El Zamalek
Sporting Club regarding the details of his employment contract with the borrowing
club, which extends throughout the loan period.
5.Except for the amounts mentioned in this Settlement Agreement Ohod Saudi Club
will not be responsible for paying any amounts (salaries or advances) to the Player
during his loan period.
6.The Second Party acknowledges, under this Settlement Agreement, that from
September 11, 2024, until July 15, 2025, the only entitlement due to the Player is the
amount specified in this Settlement Agreement for the salaries of the Player from the
Club which means the amount of USD 585,000.00 net (within the meaning of the
Employment Contract) He further acknowledges that he shall have no future right to
claim any financial or moral obligations (except the ones indicated in this document)
from the First Party under any circumstances in connection with the Employment
Contract in reference to the loan period.
pg. 6
REF. FPSD-19466
7.In context with the Player Employment Contract, the Player shall receive the salaries
in the amount of USD 585,000 00 net (within the meaning of the Employment
Contract) to his bank account indicated in the Employment Contract, and in case the
Player wanted to change his bank information he shall inform the First Party formally
through his official email address.
8.The amount of USD 585,000.00 net should be paid by the First Party in 3
installments as follows:
- USD 195,000.00 net on 28 02-2025
- USD 195,000.00 net on 30-04-2025
- USD 195,000.00 net on 30-06-2025
9.In accordance with the will of the Parties, the Parties consider the day of payment
to be the day on which the amount is credited to the Player’s bank account.
10.Failure to pay any of the instalments within the time limit specified in point 8 above
will result in the immediate payment of the entire remaining amount, together with
default interest calculated from the due date.
11.The Parties agree that if the Club fails to pay any of the instalments within 7 days
from the deadline of each installment specified in point 8 above, the Player will be
entitled to unilaterally terminate the Agreement, which will constitute a just cause
within the meaning of FIFA Regulations on the Status and Transfer of Players, provided
that the Player 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.
12.This Settlement Agreement shall be governed and construed and interpreted in
accordance with the FIFA Regulations and any claim or dispute arising out of or in
connection with this Settlement Agreement shall be subject to the exclusive
jurisdiction of the FIFA Dispute Resolution Chamber (DRC) in which case FIFA
Regulations shall apply.”
7.
On 9 February 2025, the Player unilaterally terminated the loan with Zamalek.
8.
On 14 February 2025, the Player returned to the Club.
9.
On 19 March 2025, the Player, via his legal representative, sent a notice of default to the
Club stating that the Club failed to pay him USD 828,527.88 net as follows and granted the
Club 7 days to proceed with payment:
- USD 235,000 net corresponding to his salaries for the months of July, August
and September 2024;
pg. 7
REF. FPSD-19466
- USD 174,583.33 net as an amount due under the settlement agreement as the
pro-rated amount of USD 350,000 net that the Club undertook to pay to the
Player while he was on loan to Zamalek. The Player only claimed the pro-rated
value of the amount as the loan was prematurely terminated, and mentioned it
was equivalent to the salary of 20 days of September 2024, the full months of
October, November, December 2024, and January 2024, as well as 9 days of
February 2025;
- USD 53,571.42 net as the pro-rated salary of the Player since his return to the
Club on 14 February 2025 which he said was due on 15 March 2025; and
- USD 365,373.13 net as the pro-rated amount due at art. 5.2 of the Contract as
the Player allegedly terminated his employment with Zamalek and had
reintegrated the Club on 14 February 2025.
10. On 8 April 2025, the Player sent a second notice of default repeating the same request for
payment, and once again granted the Club 7 days to proceed with payment.
11. On 23 April 2025, the Player sent a final demand for payment to the Club requesting the
payment of USD 928,527.88 net and granted the Club 15 days to proceed with payment.
The Player claimed the following amounts:
- USD 235,000 net corresponding to his salaries for the months of July, August
and September 2024;
- USD 174,583.33 net as an amount due under the Settlement Agreement as the
pro-rated amount of USD 350,000 net that the Club undertook to pay to the
Player while he was on loan to Zamalek. The Player only claimed the pro-rated
value of the amount as the loan was prematurely terminated, and mentioned it
was equivalent to the salary of 20 days of September 2024, the full months of
October, November, December 2024 and January 2024 as well as 9 days of
February 2025;
- USD 153,571.42 net as the pro-rated salary of the Player since his return to the
Club on 14 February 2025, which he said was due on 15 March 2025, as well as
his remuneration for March 2025, which he said was due on 15 April 2025.
- USD 365,373.13 net as the pro-rated amount due at art. 5.2 of the Contract as
the Player allegedly terminated his employment with Zamalek and had
reintegrated into the Club on 14 February 2025.
12. On 12 May 2025, the Player sent a notice of termination to the Club.
pg. 8
REF. FPSD-19466
13. On 4 August 2025, the Player signed a contract with the Greek club Panetolikos FC, valid
from 4 August 2025 until 30 June 2026 for a total value of EUR 151,000.
14. As per the information in the TMS, the 2024/25 season in Saudi Arabia ran from 10 August
2024 until 30 June 2025, which covered 324 days.
II. Proceedings before FIFA
15. On 30 June 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Player
16. The Player submitted that he was loaned to Zamalek due to the financial difficulties of the
Club.
17. The Player alleged the Club failed to pay him the following amounts totalling USD
1,064,011.75 net:
- USD 100,000 net for July 2024;
- USD 100,000 net for August 2024;
- USD 35,000 net for the salary of 10 days of September 2024;
- USD 174,583.33 net for the pro-rated salary due by the Club under the Settlement
Agreement for the period that the Player was on loan to Zamalek, i.e. 20 days of
September 2024, October 2024, November 2024, December 2024, January 2025 and
9 days of February 2025;
- USD 53,571.42 net for the pro-rated salaries of February 2025;
- USD 100,000 net for the salary March 2025;
- USD 365,373.13 net as the pro-rated amount under art. 5.2 of the Contract for the
time spent by the Player at the Club;
- USD 100,000 net for April 2025; and
- USD 35,483.87 net for the pro-rated salary of May 2025 until 12 May 2025.
pg. 9
REF. FPSD-19466
18. The Player affirmed that he had just cause to terminate his Contract as the Club owed him
USD 928,527.88 net at the time of termination, that he sent the Club three notices of
default, and the last one included a 15-day delay and thus met the procedural
requirements to terminate his Contract.
19. Ultimately, the Player requested compensation of USD 1,964,516.13, which he submitted
as the residual value of the Contract.
20. The Player therefore made the following request for relief, quoted verbatim:
a.“to order the Club to pay to the Player the total amount of USD 3.489.721,91 (in
words: three million four hundred eighty-nine thousand seven hundred twenty-one
dollars 91/100) net, increased by applicable taxes and fees in accordance with the
law, plus interest, which includes:
i.USD 1.064.011,75 net as outstanding remuneration plus 5% interest p.a. as follows:
1.over the amount of USD 100.000,00 net, as from March 1st, 2025, until the date of
effective payment,
2.over the amount of USD 100.000,00 net, as from March 1st, 2025 until the date of
effective payment,
3.over the amount USD 35.000,00 net, as from March 1st, 2025 until the date of
effective payment,
4.over the amount USD 53.571,42 net, as from March 16th, 2025, until the date of
effective payment,
5.over the amount USD 100.000,00 net, as from April 16th, 2025, until the date of
effective payment,
6.over the amount USD 100.000,00 net, as from May 13th, 2025, until the date of
effective payment,
7.over the amount USD 35.483,87 net, as from May 13th, 2025, until the date of
effective payment,
8.over the amount USD 365.373,13 net, as from February 15th, 2025, until the date
of effective payment,
9.over the amount of USD 174.583,33 net, as from March 1st, 2025, until the date of
effective payment,
ii.USD 1.964.516,13 net as compensation for the Contract termination with just cause
equal to the residual value of the Contract plus 5% interest p.a as from May 13th,
2025 until the date of effective payment,
iii.USD 461.194,03 net if the Player will sign a new football contract by the time of the
DRC decision as Additional Compensation for the termination of the Contract by the
Player with just cause for outstanding salaries plus 5% interest p.a as from DRC’s
decision in reference to this Claim until the date of effective payment.
b.impose sporting sanctions on the Respondent in accordance with Article 17 sec. 4
pg. 10
REF. FPSD-19466
of the Regulations;
c.order the Respondent to provide the Player with the relevant certificate attesting the
payment of taxes to the competent authorities in reference to the amounts of
outstanding salaries indicated in section a. point i-iii. above, awarded in the DRC’s
decision, once their payment has been made;
order the Respondent to fully cover costs of this proceeding (if any arise).”
b. Reply of the Club
21. On 7 July 2025, the Club submitted its reply.
22. In its reply, the Club stated that the loan was for Player development and not strictly linked
to financial difficulties that it acknowledged having.
23. The Club did not dispute owing amounts to the Player; however, it stated that the Player’s
salary for February 2025 should be USD 50,000 net instead of the claimed USD 53,571.42
net as the calculation should be (15 divided by 30 times USD 100,000 net).
24. The Club also disputed the amount owed for the payment of art. 5.2 of the Contract stating
that it owed the Player USD 144,657.43 net instead of the USD 354,483.87 claimed as the
calculation should be for the days spent at the Club between 14 February 2025 and 12 May
2025, (i.e., 88 days times ((88 divided by 365) times USD 600,000 net).
25. The Club also stated that the salary of May 2025 was not part of any previous request for
payment and, therefore, should be disregarded.
26. In addition, the Club stated that the residual value of the Contract was USD 1,960,000 net
instead of the claimed USD 1,964,516,13.
27. The Club concluded its submission by making the following request for relief, quoted
verbatim:
“In light of the above, the Respondent respectfully submits that the Claimant’s
termination of the Employment Contract was without just cause. The Club acted in
good faith under externally driven financial constraints, which were clearly
communicated to the Player. If termination is admitted (quod non), the claims for
outstanding amounts are overstated, and partly do not meet the formal requirements
of Article 14bis RSTP. The Claimant also failed to mitigate his damages, and his
requests for additional compensation and sporting sanctions are without merit.
For the reason above, Ohod Saudi Club respectfully requests FIFA DRC to:
pg. 11
REF. FPSD-19466
a) Reject the Claimant’s request in its entirety;
b) Alternatively, take into account the Club’s good faith conduct and the circumstances
outlined above, and:
- Correct all miscalculations in the Claimant’s overstated remuneration claims;
- Reject the salary claim for May 2025 as set out in the Statement of Claim;
- Limit any compensation awarded to the residual value of the Employment Contract;
and
- Adjust any compensation downward to reflect the Claimant’s failure to mitigate
damages.
c) Reject the Claimant’s request for sporting sanctions against the Club; and
d) Order the Claimant to bear the costs of the present proceedings”
c. Replica of the Player
28. On 15 July 2025, the Player was invited to submit its Replica, which he submitted on 22 July
2025.
29. The Player stated that it had more than two monthly salaries outstanding and that it
granted the Club a 15-day deadline to comply with its financial obligations. In this sense,
the Player argued that it met the formal requirements and thus had just cause to terminate
his Contract.
30. The Player raised that the Club acknowledged delays in its payments but failed to provide
any valid justification. The Player emphasized that financial difficulties cannot excuse nonpayment, citing CAS jurisprudence confirming that administrative or financial problems do
not absolve a club from its contractual obligations.
31. The Player submitted that his legal representatives had been in contact with the Club since
December 2023 and repeatedly requested payment. Despite these efforts, the Club did not
make any official settlement offers, nor did it present a payment plan or respond
adequately to demands.
32. The Player argued that the Club’s reliance on “informal dialogue” was unfounded, as no
concrete proposals were ever communicated. The Player denied receiving any official plan
for payment and noted that the Club’s promises to pay were never fulfilled.
33. The Player highlighted that the Club failed to pay any salary after his return from loan on
14 February 2025 and breached the Settlement Agreement concluded on
11 September 2024. The Player stressed that the last payment received was on
29 August 2024, leaving him without income for several months. The Player alleged that
the Club failed to provide him with a car and a home upon his return.
pg. 12
REF. FPSD-19466
34. The Player contended that the Club acted in bad faith by not paying him the outstanding
amounts, not registering him due to FIFA-imposed registration bans, and thereby harming
his market value. The Player stated that these circumstances forced him to terminate the
Contract and file the present claim.
35. The Player asserted that he acted in good faith throughout the relationship, agreeing to a
loan to Zamalek and accepting a pay cut of USD 400,000 to assist the Club. He also
attempted to secure a loan to a Korean club to maintain playing time and income, but that
the Club obstructed this opportunity.
36. The Player disputed the Club’s claim that he was a substitute, providing evidence that he
was a starter in 27 out of 28 league matches in the 2023/24 season and had scored eight
goals and two assists. He also started all three matches in the 2024/25 season before the
loan.
37. The Player explained that after termination on 12 May 2025, he immediately began efforts
to find new employment, engaging two agents and contacting clubs in Europe and the USA.
He argued that delays in securing a new contract were due to his inactivity caused by
registration bans and not to a lack of effort.
38. The Player challenged the Club’s salary calculations, insisting that February 2025 should be
prorated for 28 days and that fixed payments should include July to September 2024. He
also claimed salary for May 2025, citing jurisprudence from the Football Tribunal that
remuneration for services rendered before termination is considered outstanding.
39. The Player concluded by restating its request for relief.
d. Duplica of the Club
40. On 31 July 2025, the Club was invited to submit a Duplica, which it did on 17 August 2025,
following an extension.
41. The Club explained that on 12 September 2023, it entered into the Contract with the Player,
valid until 30 June 2026, providing for a monthly salary of USD 100,000 and advance
payments. In September 2024, the Player voluntarily agreed to a loan to Zamalek SC for
development purposes, which was formalized through a Loan Agreement and a Settlement
Agreement acknowledging outstanding amounts and additional payments for the loan
period.
42. The Club stated that the Player terminated the loan early on 9 February 2025 and returned
to the Club, then unilaterally terminated the Contract on 12 May 2025 without engaging in
negotiations, despite the Club’s proposals to restructure payments in light of external
financial constraints.
pg. 13
REF. FPSD-19466
43. The Club argued that the Player misrepresented the facts surrounding his return and failed
to notify the Club of his arrival, contrary to his contractual obligations. It emphasized that
WhatsApp messages contradict the Player’s narrative and demonstrate inconsistencies in
his account of the events.
44. The Club contended that the Player acted without good faith and that his termination did
not meet the formal requirements to be considered to have been done with just cause. It
referred to CAS jurisprudence and Swiss law principles under arts. 337 and 2 of the Swiss
Code of Obligations (SCO), which require parties to act reasonably and in good faith and
exclude protection for actions manifestly lacking good faith.
45. The Club further submitted that the Player’s allegations regarding plane tickets are
unfounded, as the Contract required formal notice at least twenty days in advance, which
the Player failed to provide. It maintained that any breach alleged by the Player was not
sufficiently serious to justify unilateral termination.
46. In light of the above, the Club restated its request for relief.
pg. 14
REF. FPSD-19466
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
47. 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 3 June 2025 and submitted for decision on
5 February 2026. Taking into account the wording of arts. 32 and 35 of the January 2026
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.
48. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (July 2025
edition), the Dispute Resolution Chamber is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international dimension between
a Polish player and a Saudi club.
49. 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
50. 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
51. 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. 15
REF. FPSD-19466
i. Main legal discussion and considerations
52. The Chamber then moved to the substance of the matter and took note of the fact that it
concerned a breach of contract.
53. The Club has admitted that the salaries were outstanding, however, disputed the
calculation of the outstanding salary of February 2025, of the advance of payment of
art. 5.2. and of the partial salary of May 2025. However, the Club disputed whether the
Player had just cause to terminate his Contract and his entitlement to compensation.
54. In this context, the Chamber acknowledged that its task was to determine which contract
applied as well as to quantify the amount that remains outstanding, and then whether the
Player had just cause to terminate his Contract and assess the consequences thereof.
55. As per their actions and their respective submissions, the Chamber determined that the
parties were initially conducting themselves as per the terms of the Contract, until 12
September 2024, when the Settlement Agreement was signed.
56. The Chamber observed that, following that event, both parties acted upon the terms of the
Settlement Agreement from 12 September 2024 until 14 February 2025. On that date, the
parties mutually agreed to revert to the terms of the original Contract and to discontinue
the Settlement Agreement, as the Player returned from Zamalek to the Club after
terminating his loan.
57. The Chamber also noted that the Club did not dispute the Player’s entitlement to the prorated amount due under the Settlement Agreement, nor to the outstanding remuneration
that had accrued prior to the Settlement Agreement, and that was included in it (i.e.
USD 235,000 net corresponding to the salaries of July, August and September 2024). The
Club also did not dispute the Player’s entitlement to the salaries under the Contract after
its resuming on 14 February 2025, nor his entitlement to the advance payment under art.
5.2 of the Contract. In this regard, the Chamber observed that the Club only challenged the
calculation without negating the Player’s entitlement.
58. Consequently, the Chamber decided that it had to quantify the outstanding amounts that
were disputed, namely, (i) the outstanding pro-rated salary of February 2025; (ii) the
amount due under art. 5.2. of the Contract; and (iii) the partial salary of May 2025.
i.
Salary of February 2025
59. Concerning the outstanding pro-rated salary of February 2025, the Chamber started by
recalling to art. 5.1 of the Contract, according to which the Player was entitled to a monthly
salary of USD 100,000 net for the months between 1 October 2023 and 30 June 2026.
pg. 16
REF. FPSD-19466
60. In this regard, the Chamber observed that it was undisputed that the Player returned to
the Club on 14 February 2025, and that he worked 15 days between 14 and 28 February
2025.
61. In that regard, the Chamber considered that the Player was entitled to a pro-rated salary
of USD 53,571.42 net for February 2025.
ii. Advance payment due under art. 5.2. of the Contract
62. The Chamber took notice that the Player claimed the Club owed him an amount of
USD 365,373.13 net under art. 5.2. of the Contract as an advance payment, whereas the
Club stated that this amount should be reduced to USD 144,657,43 net as the Player only
spent 88 days at the Club in 2025, between 14 February 2025 and 12 May 2025.
63. The Chamber recalled that art. 5.2 of the Contract did not provide further specification and,
therefore, found that the only reasonable interpretation was that the Player was entitled
to an advance payment for each of the three seasons he was to spend at the Club, namely
the 2023/24, 2024/25, and 2025/26 seasons. The Chamber considered this interpretation
consistent with the contractual timeline, as calculating the entitlement based on years from
the date of signature would prevent the Player from completing a third year, given that the
contract was set to expire on 30 June 2026, while the third year from the date of signature
would only conclude on 11 September 2026.
64. In that sense, as per the information available in TMS, the 2024/25 season in Saudi Arabia
ran from 10 August 2024 until 30 June 2025, which covered 324 days.
65. As the Player was absent from the Club between 12 September 2024 and 13 February 2025,
he was absent for 155 days during the 2024/2025 season, but as per art. 10 par. 4 of the
Regulations, his Contract resumed on 14 February 2025.
66. In this regard and in consideration of arts. 5 and 6 of the Settlement Agreement, the
Chamber decided to subtract the value of those 155 days from the value of the advance
fee for the 2024/2025 season, which left USD 312,962.96 net as the payable advance fee
(calculated as follows: USD 600,000 minus ((USD 600,000 net divided by 324 days of the
2024/2025 season) times 155 days of absence)). For the sake of completeness, the
Chamber considered that this amount was due from the day following his return to the
Club, as it is an advance payment that was initially due before the termination.
pg. 17
REF. FPSD-19466
67. In conclusion, considering the above, the Chamber established that, at the time of the
termination of the Contract, USD 976,117.71 net were owed to the Player, which were
composed of:
- USD 312,962.96 net as the outstanding fee under art. 5.2. of the Contract;
- USD 100,000 net as the outstanding remuneration of July 2024;
- USD 100,000 net as the outstanding remuneration of August 2024;
- USD 35,000 net as the outstanding remuneration of September 2024;
- USD 174,583.33 net as the outstanding remuneration accrued while the Player was
on loan;
- USD 53,571.42 net as the outstanding pro-rated remuneration of February 2025;
- USD 100,000 net as the outstanding remuneration of March 2025; and
- USD 100,000 net as the outstanding remuneration of April 2025.
68. As to the alleged termination with just cause, the Chamber noted that on 23 April 2025, the
Player sent the Club a notice of default granting it 15 days to proceed with payment. As
mentioned above, at the time of termination, the Player had more than 2 monthly salaries
outstanding as the salaries of July 2024, August 2024, partially September 2024, partially
February 2025, and March 2025 had not been paid under the Contract. In addition to the
pro-rated salary that the Club was required to pay while the Player was on loan under the
Settlement Agreement. Therefore, the Chamber concluded that the Player had just cause
to terminate the Contract under art. 14bis of the Regulations and the Club shall be held
liable for the consequences deriving therefrom.
ii.
Consequences
69. Having stated the above, the Chamber turned its attention to the question of the
consequences of such an unjustified breach of contract committed by the Club.
70. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, amounted to USD 976,117.71 net.
71. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Club is liable to pay to the Player the amounts which were
outstanding under the contract at the moment of the termination, i.e., USD 976,117.71 net.
pg. 18
REF. FPSD-19466
72. In addition, taking into consideration the Player’s request as well as the constant practice
of the Football Tribunal in this regard, the Chamber decided to award the Player interest
at the rate of 5% p.a. on the outstanding amounts calculated as follows:
-
For the USD 312,962.96 net corresponding to the outstanding fee under art. 5.2 of
the Contract, interest shall accrue from 15 February 2025 until the date of effective
payment;
-
For the USD 100,000 net corresponding to the outstanding remuneration of July
2024, interest shall accrue from 1 March 2025 until the date of effective payment;
-
For the USD 100,000 net corresponding to the outstanding remuneration of August
2024, interest shall accrue from 1 March 2025 until the date of effective payment;
-
For the USD 35,000 net corresponding to the outstanding remuneration of
September 2024, interest shall accrue from 1 March 2025 until the date of effective
payment;
-
For the USD 174,583.33 net corresponding to the outstanding remuneration accrued
while the Player was on loan, interest shall accrue from 1 March 2025 until the date
of effective payment;
-
For the USD 53,571.42 net corresponding to the outstanding pro-rated remuneration
of February 2025; interest shall accrue from 16 March 2025 until the date of effective
payment;
-
For the USD 100,000 net corresponding to the outstanding remuneration of March
2025, interest shall accrue from 16 April 2025 until the date of effective payment; and
-
For the USD 100,000 net corresponding to the outstanding remuneration of April
2025, interest shall accrue from 12 May 2025 until the date of effective payment.
73. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by the Club 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.
74. In application of the relevant provision, the Chamber held that it first of all had to clarify
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
pg. 19
REF. FPSD-19466
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
75. 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 a player by a club shall be equal to the residual value
of the contract that was prematurely terminated, unless this player signed a new contract
following the termination of his previous contract (cf., art. 17 par. 1 lit. i) of the Regulations.
76. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded
with the calculation of the monies payable to the Player under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of USD 2,000,000 net (i.e., USD 100,000 net times 14 months of
salary corresponding to May, June, July, August, September, October, November,
December 2025 and January, February, March, April, May and June 2026, plus USD 600,000
net corresponding to the payment under art. 5.2. of the Contract) serves as the basis for
the determination of the amount of compensation for breach of contract.
77. In continuation, the Chamber verified whether the Player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
Chamber 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 general obligation to mitigate
his damages.
78. Indeed, the Player found employment with the Greek club Panetolikos FC. In accordance
with the pertinent employment contract, the Player was entitled to EUR 151,000 (which is
equivalent to USD 175,990.68). Therefore, the Chamber concluded that the Player
mitigated his damages in the total amount of USD 175,990.68.
79. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the contract
termination took place due to said reason i.e., overdue payables by the Club, and therefore
decided that the Player shall receive additional compensation.
80. In this respect, the Chamber decided to award the amount of additional compensation of
USD 175,990.68, i.e., less than three times the monthly remuneration of the Player, since
the total compensation cannot exceed the residual value of the Contract.
pg. 20
REF. FPSD-19466
81. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Club must pay the amount of USD
2,000,000 to the Player (i.e., USD 2,000,000 minus USD 175,990.68 plus USD 175,990.68),
which was to be considered a reasonable and justified amount of compensation for breach
of contract in the present matter.
82. Lastly, taking into consideration the Player’s specific request for relief as well as the
constant practice of the Football Tribunal in this regard, the Chamber decided to award the
Player interest on said compensation at the rate of 5% p.a. that should accrue as follows:
-
For the amount of USD 1,824,009.32, interest should be calculated as of 12 May 2025
until the date of effective payment; and
-
For the amount of USD 175,990.68, interest should be calculated as of 5 February
2026 until the date of effective payment.
iii. Sporting sanctions
83. In continuation, the Chamber focused on the further consequences of the breach of
contract in question and, in this respect, it addressed the question of sporting sanctions
against the Club in accordance with art. 17 par. 4 of the Regulations. The cited provision
stipulates that, in addition to the obligation to pay compensation, sporting sanctions shall
be imposed on any club found to be in breach of contract during the protected period.
84. In this respect, the Chamber referred to item 7 of the “Definitions” section of the
Regulations, which stipulates inter alia that the protected period shall last “for three entire
seasons or three years, whichever comes first, following the entry into force of a contract, where
such contract is concluded prior to the 28th birthday of the professional, or two entire seasons
or two years, whichever comes first, following the entry into force of a contract, where such
contract is concluded after the 28th birthday of the professional”.
85. In the present matter, the Chamber took note that the Player was born on 19 September
1997 and that the Contract was concluded on 12 September 2023, at which time he was 25
years old. Furthermore, the Chamber noted that the Player terminated the Contract with
just cause on 12 May 2025; thus, the breach of contract occurred within the protected
period.
86. Furthermore, the Chamber noted that the Club had already been held liable for breaching
other players’ contracts without just cause on several recent occasions; in particular, in
cases FPSD-18793, FPSD-15213, and FPSD-14043.
87. In the Chamber’s view, the Club’s status as a repeat offender warranted the imposition of
additional consequences to uphold the principle of contractual stability enshrined in the
Regulations.
pg. 21
REF. FPSD-19466
88. Consequently, the Chamber decided that, by virtue of art. 17 par. 4 of the Regulations, the
Club shall be sanctioned with a ban from registering any new players, either nationally or
internationally, for two entire and consecutive registration periods.
iv. Compliance with monetary decisions
89. 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.
90. 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.
91. In this regard, the DRC highlighted that, against clubs, the consequences 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.
92. Notwithstanding the above, the DRC wished to remark that in accordance with art. 24 par.
3 of the Regulations, the aforementioned consequences may be excluded where the
pertinent FIFA deciding body has already imposed on the same party a sporting sanction
on the basis of article 12bis, 17 or 18quater of the Regulations.
93. In this respect, considering that art. 17 par. 4 of the Regulations applies in the matter, the
Chamber established that art. 24 par. 2 of the Regulations shall not apply, insofar as in case
the Respondent fails to comply with the decision at hand, the application of a further ban
from registering any new players on top of the one already being served by the Respondent
would be moot and against the spirit of the Regulations, in particularly the enforcement
mechanism established under art. 24 of the Regulations.
94. In view of the above, the DRC decided that, if the aforementioned sum plus interest is not
paid within 30 days of notification of this decision, the present matter shall be submitted,
upon request of the Claimant, to the FIFA Disciplinary Committee for its consideration and
formal decision.
pg. 22
REF. FPSD-19466
95. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, a copy of which
is available in the present file on the FIFA Legal Portal.
d. Costs
96. 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.
97. 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.
98. Lastly, the Chamber concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 23
REF. FPSD-19466
IV.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Konrad Hubert Michalak, is partially accepted.
2.
The Respondent, Ohod, must pay to the Claimant the following amounts:
- USD 976,117.71 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount USD 312,962.96 net of as from 15 February 2025 until
the date of effective payment;
- 5% interest p.a. over the amount USD 100,000 net of as from 1 March 2025 until the date
of effective payment;
- 5% interest p.a. over the amount USD 100,000 net of as from 1 March 2025 until the date
of effective payment;
- 5% interest p.a. over the amount USD 35,000 net of as from 1 March 2025 until the date
of effective payment;
- 5% interest p.a. over the amount USD 174,583.33 net of as from 1 March 2025 until the
date of effective payment;
- 5% interest p.a. over the amount USD 53,571.42 net of as from 16 March 2025 until the
date of effective payment;
- 5% interest p.a. over the amount USD 100,000 net of as from 16 April 2025 until the date
of effective payment; and
- 5% interest p.a. over the amount USD 100,000 net of as from 12 May 2025 until the date
of effective payment.
- USD 1,824,009.32 as compensation for breach of contract plus 5% interest p.a. as from
12 May 2025 until the date of effective payment.
- USD 175,990.68 as compensation for breach of contract plus 5% interest p.a. as from
5 February 2026 until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
The Respondent shall be banned from registering any new players, either nationally
or internationally, for the next two entire and consecutive registration periods
following the notification of the present decision.
pg. 24
REF. FPSD-19466
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
If the aforementioned sum plus interest is not paid within 30 days of notification of this
decision, the present matter shall be submitted, upon request, to the FIFA Disciplinary
Committee for its consideration and formal decision.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 25
REF. FPSD-19466
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. 26