Labour Disputes
Texto da decisão
REF. FPSD-19516
Decision of the
Dispute Resolution Chamber
passed on 4 September 2025
regarding an employment-related dispute concerning the player
Luciano Guaycochea
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Dana MOHAMED AL-NOAIMI (Qatar), Member
Stijn BOEYKENS (Belgium), Member
CLAIMANT:
Luciano Guaycochea, Argentina
Represented by Breno Costa Ramos Tannuri
RESPONDENT:
Perak FC, Malaysia
pg. 2
REF. FPSD-19516
I. Facts of the case
1.
On 28 November 2024, the Argentinian player Luciano Guaycochea (hereinafter, the
Claimant) and Perak FC (hereinafter, the Respondent) concluded an employment contract
(hereinafter, the Contract) valid as from 1 December 2024 until 31 May 2026.
2.
Pursuant to Clause a) of Schedule A of the Contract, the Respondent undertook to pay the
Claimant (hereinafter, jointly referred to as the Parties) a monthly remuneration of
USD 15,000 net.
3.
In addition, the Parties agreed as follows under Clause c) of Schedule A of the Contract:
“The Club acknowledges the Player’s outstanding signing fee of USD 16,000 (equivalent to
RM 71,256.00) and the outstanding goal/assist bonus of RM 5,500.00 for the 2023 season.
The total amount of RM 76,756.00 will be paid to the player by 30th November 2024”.
4.
Furthermore, in accordance with Clause d) of Schedule A of the Contract:
“The Club will reschedule the outstanding salary total of RM 315,853.75, which will be paid
in six (6) equal instalments starting from January 2025 and ending in June 2025”.
5.
Pursuant to Clause d) ii) of Schedule A of the Contract, the Respondent undertook to pay
the Claimant the aforementioned amount as follows:
o MYR 52,642.29 in January 2025;
o MYR 52,642.29 in February 2025;
o MYR 52,642.29 in March 2025;
o MYR 52,642.29 in April 2025;
o MYR 52,642.29 in May 2025;
o MYR 52,642.29 in June 2025;
6.
Lastly, according to Clause d) of Schedule B of the Contract, the Respondent also undertook
to provide the Claimant with, inter alia, the following bonuses and additional fringe
benefits:
o “Goal bonus”: MYR 1,000;
o “Assist bonus”: MYR 1,000;
o “Winning bonus per game”: MYR 1,000;
o “Accommodation”: MYR 2,250;
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REF. FPSD-19516
o “Transportation”: MYR 2,250; and
o “Flight ticket: “3 one-way ticket 2024/25 & 3 return ticket 2025/26”.
II. Proceedings before FIFA
7.
On 5 June 2025, the Claimant filed the claim at hand before FIFA. A summary of the
Claimant’s position is detailed below.
a. Claim of the Claimant
8.
In his claim, the Claimant argued that the Respondent failed to comply with several of its
financial obligations under the Contract, and contended that the following amounts and
concepts remain outstanding:
a) Outstanding monthly salaries
o USD 5,122.69 net as the balance for December 2024, arguing that the Respondent
only remitted MYR 44,075.45 for December 2024, which is roughly USD 9,877.31
according to the applicable exchange rate on 30 December 2024 of MYR 1,000 = USD
0.2241;
o USD 15,000 net for February 2025;
o USD 15,000 net for March 2025;
o USD 15,000 net for April 2025; and
o USD 15,000 net for May 2025;
b) Performance related bonuses
o MYR 1,000 net for the goal scored against Penag FC on 12 January 2025;
o MYR 3,000 net for the goal scored, the assist provided and winning the match against
Kelantan FC on 26 January 2025;
o MYR 2,000 net for the goal scored and winning the match against Kuala Lumpur City
on 6 April 2025; and
o MYR 1,000 net for winning the match against Sabah FC on 6 April 2025.
c) Benefits in kind
o MYR 4,500 net as accommodation and transportation allowances for January 2025;
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REF. FPSD-19516
o MYR 4,500 net as accommodation and transportation allowances for February 2025;
o MYR 4,500 net as accommodation and transportation allowances for March 2025;
and
o MYR 4,500 net as accommodation and transportation allowances for April 2025.
d) Rescheduled payments under Clause d) ii) of Schedule A of the Contract
o MYR 52,642.29 net due in March 2025;
o MYR 52,642.29 net due in April 2025;
o MYR 52,642.29 net due in May 2025; and
o MYR 52,642.29 net due in June 2025.
9.
Furthermore, the Claimant also argued that the Respondent failed to provide him with
flight tickets to travel back to Argentina, thereby having to incur in their cost in the amount
of MYR 17,615.
10. Based on the above, the Claimant requested the following relief:
“[T]he Player hereby submits the following requests for relief to the attention of the FIFA
DRC:
FIRST – To accept and uphold the present Claim;
SECOND – To order the Club to pay to the Player the total amount of USD 5,122.69 (five
thousand one hundred twenty-two US dollars and sixty-nine cents) net as outstanding
balance of the salary payable for the month of December 2024, plus default interest at the
rate of 5% (five percent) per annum as from 1 January 2025 until the date of effective
payment;
THIRD – To order the Club to pay to the Player the total amount of USD 15,000 (fifteen
thousand US dollars) net as outstanding salary for the month of January 2025, plus default
interest at the rate of 5% (five percent) per annum as from 1 February 2025 until the date
of effective payment;
FOURTH – To order the Club to pay to the Player the total amount of USD 15,000 (fifteen
thousand US dollars) net as outstanding salary for the month of February 2025, plus default
interest at the rate of 5% (five percent) per annum as from 1 March 2025 until the date of
effective payment;
FIFTH – To order the Club to pay to the Player the total amount of USD 15,000 (fifteen
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REF. FPSD-19516
thousand US dollars) net as outstanding salary for the month of March 2025, plus default
interest at the rate of 5% (five percent) per annum as from 1 April 2025 until the date of
effective payment;
SIXTH – To order the Club to pay to the Player the total amount of USD 15,000 (fifteen
thousand US dollars) net, as outstanding salary for the month of April 2025, plus default
interest at the rate of 5% (five percent) per annum as from 1 May 2025 until the date of
effective payment;
SEVENTH – To order the Club to pay to the Player the total amount of MYR 7,000 (seven
thousand Malaysian ringgit) net as outstanding performance-related bonuses, plus default
interest at the rate of 5% (five percent) per annum as from 1 May 2025 until the date of
effective payment;
EIGHTH – To order the Club to pay to the Player the total amount of MYR 4,500 (four
thousand five hundred Malaysian ringgit) net as outstanding Allowances for the month of
January 2025, plus default interest at the rate of 5% (five percent) per annum as from 1
February 2025;
NINTH – To order the Club to pay to the Player the total amount of MYR 4,500 (four thousand
five hundred Malaysian ringgit) net as outstanding Allowances for the month of February
2025, plus default interest at the rate of 5% (five percent) per annum as from 1 March 2025;
TENTH – To order the Club to pay to the Player the total amount of MYR 4,500 (four thousand
five hundred Malaysian ringgit) net as outstanding Allowances for the month of March 2025,
plus default interest at the rate of 5% (five percent) per annum as from 1 April 2025;
ELEVENTH – To order the Club to pay to the Player the total amount of MYR 4,500 (four
thousand five hundred Malaysian ringgit) net as outstanding Allowances for the month of
April 2025, plus default interest at the rate of 5% (five percent) per annum as from 1 May
2025;
TWELFTH – To order the Club to pay to the Player the total amount of MYR 42,774.08 (fortytwo thousand seven hundred seventy-four Malaysian ringgit and eight cents) net as
outstanding balance of the Rescheduled Payment payable for the month of March 2025,
plus default interest at the rate of 5%(five percent) per annum as from 1 April 2025;
THIRTEENTH– To order the Club to pay to the Player the total amount of MYR 52,642.29 (fiftytwo thousand six hundred forty-two Malaysian ringgit and twenty-nine cents) net as
outstanding Rescheduled Payment for the month of April 2025, plus default interest at the
rate of 5% (five percent) per annum as from 1 May 2025;
FOURTEENTH – To order the Club to pay to the Player the total amount of MYR 52,642.29
(fifty-two thousand six hundred forty-two Malaysian ringgit and twenty-nine cents) net as
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REF. FPSD-19516
outstanding Rescheduled Payment for the month of May 2025, plus default interest at the
rate of 5% (five percent) per annum as from 1 June 2025;
FIFTEENTH – To order the Club to pay to the Player the total amount of MYR 52,642.29 (fiftytwo thousand six hundred forty-two Malaysian ringgit and twenty-nine cents) net as
outstanding Rescheduled Payment for the month of June 2025, plus default interest at the
rate of 5%(five percent) per annum as from 1 July 2025;
SIXTEENTH – To order the Club to reimburse the Player the total amount of MYR 17,615.00
(seventeen thousand six hundred fifteen Malaysian ringgit) net as flight tickets-related costs.
SEVENTEENTH – To open the proceedings regarding the present dispute and notify the Club
immediately (cf. Art. 21, para. 1 of the FIFA Procedural Rules);
EIGHTEENTH – To confirm that the ongoing proceedings are free of costs”.
b. Reply of the Respondent
11. Despite being invited to do so, the Respondent failed to reply to the claim.
c. Information received from the Malaysian Football Association
12. On 19 June 2025, within the context of another proceeding conducted against the
Respondent before FIFA, and upon request from the FIFA general secretariat, the Football
Association of Malaysia (FAM) provided the following information:
“Kindly be informed that Perak Football Club is not affiliated with the Football Association
of Malaysia and is no longer participating in any competitions organized under us. The
club’s last participation was in the 2024/2025, and it has since decided to close and not
continue in the 2025/2026 season”.
13. On 3 July 2025, the FAM further clarified the following:
“We would like to confirm that the 2024/2025 domestic football season officially ended on
26 April 2025, in line with the competition calendar issued by the Malaysian Football League
(MFL).
The final fixture of the season was the Piala Malaysian Cup Final, which took place on the
stated date and marked the conclusion of all competitive matches under the MFL calendar
for the 2024/2025 season”.
pg. 7
REF. FPSD-19516
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. First of all, the Dispute Resolution Chamber (hereinafter, the Chamber or the DRC) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that
the present matter was presented to FIFA on 5 June 2025 and submitted for decision on 4
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.
15. In continuation, the Chamber referred to art. 2 par. 1 and art. 24 par. 1 lit. a) 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 (July 2025
edition), it is competent to hear employment-related disputes between a club and a player
of an international dimension, unless the parties to the employment contract have
explicitly and exclusively opt in writing for such disputes to be decided by a national dispute
resolution chamber (NDRC), or a national dispute resolution body operating under an
equivalent name, that has been officially recognized by FIFA.
16. Furthermore, the members of the Chamber underscored that, according to art. 9 par. 1 of
the Procedural Rules:
“Subject to the relevant FIFA regulations, only the following natural or legal persons may be
a party before a chamber: (…) b) clubs affiliated to a member association”.
17. Based on the aforementioned provision, the Chamber concluded that the Football Tribunal
— and by extension, the DRC — lacks jurisdiction to adjudicate disputes involving clubs
that are not or are no longer, affiliated to a member association, or that do not participate
in competitions organized under the auspices of a member association.
18. In light of the above, and considering that the FAM confirmed the Respondent’s
disaffiliation as of 26 April 2025 even before the present claim being lodged on 5 June 2025,
— which is also consistent with the information retrieved from TMS — the Chamber
determined that the Respondent no longer met the criteria to be a party before the Football
Tribunal. Accordingly, the Chamber unanimously concluded that the Football Tribunal does
not have jurisdiction to hear the claim brought by the Claimant.
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REF. FPSD-19516
b. Costs
19. 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.
20. 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.
21. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the Parties.
pg. 9
REF. FPSD-19516
IV. Decision of the Dispute Resolution Chamber
1.
The Football Tribunal does not have jurisdiction to hear the claim of the Claimant, Luciano
Guaycochea.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 10
REF. FPSD-19516
NOTE RELATED TO THE APPEAL PROCEDURE
According to art. 50 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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