Labour Disputes
Texto da decisão
REF. FPSD-19613
Decision of the
Dispute Resolution Chamber
passed on 5 March 2026
regarding an employment-related dispute concerning the player Youssef Ben
Souda
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Khadija TIMERA (Senegal), Member
Jorge GUTIÉRREZ (Costa Rica), Member
CLAIMANT/ COUNTER-RESPONDENT:
Youssef Ben Souda, Tunisia
Represented by Hamouda Bouazza
RESPONDENT/ COUNTER-CLAIMANT:
Erbil Sports Club, Iraq
pg. 2
REF. FPSD-19613
I. Facts of the case
1.
On 15 August 2024, the Tunisian player, Youssef Ben Souda (hereinafter: the Player or the
Claimant/ Counter- Respondent) and the Iraqi club. Erbil Sports Club (hereinafter: the Club or
the Respondent/ Counter-Claimant) entered into an employment contract (hereinafter: the
Contract) valid as from 15 August 2024 until 15 July 2025.
2.
According to the Schedule 1 of the Contract, the Contract has a total value of USD 185,000.
In particular, the parties agreed as follows:
“2- Concerning the season 2024/2025, the Player shall receive from the Club the total amounts
as follow:
A- Signing-on fee:
The first party pay (64,750)$ to the second party
B- Monthly salary: The amount (120,250)$ is paid in a monthly salary (10) month of (12,025)$
in (01/10/2024)
3- Other entitlements: professional player
The Club shall provide the Player for each season with housing, and return flights return
tickets in economy class for the route (Tunisia- Iraq- Tunisia). When a player comes to Iraq
and returns to his home country in one time only player.
4- Taxes/ Social contribution
The Player’s income referes to net amounts in the State of Iraq. Any taxes, social costs,
contributions or any other amounts the Player may need to pay in the country of his
residence or any other country are to be borne by the Player and the Club insofar shall
not be obliged to pay any additional amounts to the player as those agree upon in this
Contract.”
3.
On 15 May 2025, the Player sent a default notice to the Club requesting the payment of the
amount of USD 36,075, corresponding to the salaries of October 2024, March and April
2025. The Player gave a 15-day deadline to the Club to comply with its default.
4.
On 2 June 2025, the Player terminated his Contract due to outstanding salaries.
5.
On 1 August 2025, the Player signed a new employment contract with the Bahraini club Riff
Sports Club (hereinafter: Riff) valid as from 1 August 2025 until 31 May 2026.
6.
The total value of the new contract was USD 220,000 payable in monthly instalments of
USD 20,000. On 5 January 2026, the parties decided to mutually terminate the new contract
as from 31 December 2025.
pg. 3
REF. FPSD-19613
II. Proceedings before FIFA
7.
On 16 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
8.
The Player lodged the present claim with FIFA for breach of contract and outstanding
salaries.
9.
In particular, the Player alleged that at the moment of the termination, 4 salaries remained
outstanding and that despite his default notice, the Club did not comply with its financial
obligations. Therefore, the Player alleged that he had just cause to terminate the Contract
based on art. 14bis of the Regulations.
10. In view of the above, the Player requested the following relief, quoted verbatim:
-
« Douze Mille Vingt Cinq Dollars Américains (USD 12 025) : à titre d’arriérés de
rémunération (salaire du mois d’Octobre 2024), majorée d’un intérêt annuel aux taux de
5% à compter du 31 Octobre 2024 jusqu’à la date du complet paiement ;
-
Douze Mille Vingt Cinq Dollars Américains (USD 12 025) : à titre d’arriérés de
rémunération (salaire du mois de Mars 2025), majorée d’un intérêt annuel aux taux de
5% à compter du 31 Mars 2025 jusqu’à la date du complet paiement ;
-
Douze Mille Vingt Cinq Dollars Américains (USD 12 025) : à titre d’arriérés de
rémunération (salaire du mois d’Avril 2025), majorée d’un intérêt annuel aux taux de 5%
à compter du 30 Avril 2025 jusqu’à la date du complet paiement ;
-
Douze Mille Vingt Cinq Dollars Américains (USD 12 025) : à titre d’arriérés de
rémunération (salaire du mois de Mai 2025), majorée d’un intérêt annuel aux taux de 5%
à compter du 31 Mai 2025 jusqu’à la date du complet paiement ;
-
Vingt Quatre Mille Cinquante Dollars Américains (USD 24 050) : à titre de compensation
majorée d’un intérêt annuel aux taux de 5% à compter du 02 Juin 2025 jusqu’à la date du
complet paiement. »
b. Reply and Counterclaim of the Club
11. In its reply, the Club argued that the salary of October 2024 was paid on 5 November 2024
in cash. In addition, it claimed that the salary of March 2025 was paid on 20 May 2025,
within the notice period, whereas the salary of April 2025 remained outstanding.
pg. 4
REF. FPSD-19613
12. However, the Club alleged that since one of the 2 outstanding salaries at the moment of
the default notice was paid, the Player did not have just cause to terminate the Contract as
it did not meet the criteria of having 2 outstanding salaries.
13. In addition, the Club pointed out that in Iraq, all the payments have to be made in cash due
to the bank restrictions in the country.
14. Furthermore, the Club alleged that the Player’s termination was in bad faith. In particular,
the Club argued that:
“After issuing the default notice, the Player:
•
Verbally requested to terminate the contract by mutual consent in May 2025 after negotiating
a transfer with a Bahraini club.
•
Refused to attend training or participate in remaining matches, citing fear of injury that might
impact his potential transfer.
•
Missed a scheduled friendly match during the FIFA international break.
•
While still under contract, the player left Erbil by land without notifying the Club, traveled to
Turkey, and then flew to Tunisia.
•
Four official league matches remained in the Iraqi season at the time of his departure.”
15. The Club also provided screenshots from news outlets that show that the Player signed a
new contract on 3 June 2025, i.e. the day after the termination, entailing that the Player was
already negotiating with another club before terminating the Contract.
16. In view of the above, the Club requested the following relief, quoted verbatim:
“Erbil SC respectfully requests the Dispute Resolution Chamber to:
1. Reject all claims submitted by Mr. Youssef Ben Soudah in their entirety.
2. Establish that the unilateral termination lacked just cause under Article 14 bis RSTP.
3. Order the Player to pay compensation to Erbil SC in the amount of:
-
USD 24,050 (remaining salaries)
USD 10,000 (sporting damages)
Plus 5% annual interest from 2 June 2025 until full payment.
pg. 5
REF. FPSD-19613
4. Decline any sanctions (such as registration bans) against the Club.
5. Hold the Player fully liable for all legal and contractual consequences.”
c. Reply of the Player to the counterclaim
17. Regarding the salary of October 2024, the Player argued that the payment receipt provided
is forged. In particular, the Player argued that the English translation of the original receipt
contains both the fingerprint and the signature showing that the Club added the Player’s
signature and fingerprint. In addition, the Player argued that his fingerprint is not complete
and has been partially cut off.
18. Furthermore, the Player argued that both the signature and the fingerprint differ from the
proof of payment presented by the Club for the month of March 2025.
19. Regarding the salary of March 2025, the Player argued that the payment was made after
the expiration of the deadline, i.e. on 16 June 2025 and not on 20 May 2025 as indicated in
the receipts. According to the Player, that date was added by the Club at a later stage and
does not reflect the real payment date.
20. In view of the above, the Player argued that he had just cause to terminate the Contract as
at the moment of the termination more than two monthly salaries remained outstanding
and he had put the Club in default in writing giving a 15-day deadline.
21. Finally, the Player reiterated his request for relief.
d. Final comments of the Club
22. Despite being requested to do so, the Club did not provide its comments regarding the
forgery allegations.
pg. 6
REF. FPSD-19613
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 16 June 2025 and submitted for decision on
5 March 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.
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
a Tunisian player and an Iraqi 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. 7
REF. FPSD-19613
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
parties strongly dispute whether the Player had just cause to terminate his Contract.
29. In this regard, the Chamber acknowledged that its task was to determine whether the
Player had just cause to terminate the Contract and determine the consequences thereof.
30. In accordance with art. 14bis of the Regulations, 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 obligations.
31. In the case at hand, the Chamber noted that the Player alleged not having received his
remuneration corresponding to 3 monthly salaries for the months of October 2024, March
and April 2025 at the moment of the termination. In addition, the Player provided written
evidence of having put the Club in default on 15 May 2025, i.e. more than 15 days before
unilaterally terminating the Contract on 2 June 2025.
32. In its response, the Club argued that the salary of October 2024 had been paid on
5 November 2025 and that the salary of March was paid before the expiration of the
deadline. Regarding the salary of April 2025, the Club acknowledged that it remained
outstanding.
33. The Chamber will address the forgery allegations regarding the proof of payment for
October’s salary below as the threshold of the two outstanding salaries for the purposes
of art. 14bis of the Regulations has been met, irrespectively of whether that salary was paid
or not.
34. In addition, the Chamber considered it irrelevant for the determination of just cause
whether the salary of March 2025 was paid before or after the expiration of the deadline
as art. 14bis of the Regulations provides for the debtor club to fully comply with its financial
obligations.
35. Hence, as the Club did not settle the salary of April 2025 before the expiration of the 15day deadline, the Player had just cause to terminate his Contract on the basis of art. 14bis
of the Regulations.
36. In view of the above, the Chamber concluded that the Player had just cause to terminate
his Contract in accordance with art. 14bis of the Regulations.
pg. 8
REF. FPSD-19613
37. Having established the above, the Chamber moved to the determination of the outstanding
salaries arising from the parties’ employment relationship and took note that the Player
argued that, to date, the salaries of October, April and May 2025 remained outstanding.
38. In this regard, the Chamber noted that the Club acknowledged that the salary of April 2025
remained outstanding and did not dispute the request for the salary of May 2025, but
merely that at the moment of the default notice it had not yet fallen due.
39. The Club alleged that the salary of October 2024 had been paid in full on 5 November 2024.
However, the Player claimed that the proof of payment submitted was forged. In particular,
the Player claimed the following:
-
The fingerprint is cut off at the end of the line of the table allegedly indicating that
the payment was made;
-
The document differs from the proof of payment submitted by the Club to prove the
payment made in March as the fingerprint and the signature go over the lines of each
table of the document. In addition, the receipt of March 2025 bears the Club’s stamp,
and the fingerprint colour differs from the other document.
40. In this regard, the Chamber observed that despite having been invited to provide its final
comments concerning the Player’s forgery allegations, the Club did not reply to such
request.
41. In light of the Club’s absence of reply, and considering that the document appears irregular,
particularly because the fingerprint is partially cut off, which would not occur had the Player
placed it directly on the document, and further noting that the proof of payment dated
October 2024 differs from that of March 2025, the Chamber concluded that the Club has
not discharged its burden of proving compliance with its financial obligations towards the
Player.
42. Consequently, the Chamber considered that the Club did demonstrate that the salary for
October 2024 was duly paid.
ii. Consequences
43. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
44. 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 3 salaries under
the contract, amounting to USD 36,075.
pg. 9
REF. FPSD-19613
45. As a consequence, and 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 the termination, i.e.
USD 36,075 (i.e. USD 12,025 times 3).
46. 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 amounts as follows:
-
5% interest over the amount of USD 12,025 as from 1 November 2024 until the day
of effective payment;
-
5% interest over the amount of USD 12,025 as from 1 May 2025 until the day of
effective payment;
-
5% interest over the amount of USD 12,025 as from 1 June 2025 until the day of
effective payment.
47. 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.
48. 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 the
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.
49. 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).
50. 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
pg. 10
REF. FPSD-19613
concluded that the amount of USD 24,050 (i.e., the salaries for June and July 2025) serves
as the basis for the determination of the amount of compensation for breach of contract.
51. In continuation, the Chamber verified as to 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
DRC 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.
52. Indeed, the Player found employment with Riff. However, the Chamber noted that the new
contract started after the Contract’s expiration day and therefore no mitigation or
additional compensation applied (cf., art. 17 par. 1 lit. ii) of the Regulations).
iii. Compliance with monetary decisions
53. 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.
54. 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.
55. Therefore, bearing in mind the above, the DRC decided that the Club must pay the full
amount due (including all applicable interest) to the Player within 45 days of notification of
the decision, failing which, at the request of the Player, 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 Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
56. The Club shall make full payment (including all applicable interest) to the bank account
provided by the Player in the Bank Account Registration Form, which is attached to the
present decision.
57. 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.
pg. 11
REF. FPSD-19613
d. Costs
58. 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.
59. 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.
60. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 12
REF. FPSD-19613
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant/ Counter-Respondent, Youssef Ben Souda, is partially accepted.
2.
The Respondent/ Counter-Claimant, Erbil Sports Club, must pay to the Claimant/ CounterRespondent the following amounts:
- USD 36,075 as outstanding remuneration plus 5% interest p.a. as follows:
-
5% interest over the amount of USD 12,025 as from 1 November 2024 until the day
of effective payment;
-
5% interest over the amount of USD 12,025 as from 1 May 2025 until the day of
effective payment;
-
5% interest over the amount of USD 12,025 as from 1 June 2025 until the day of
effective payment.
- USD 24,050 as compensation for breach of contract plus 5% interest p.a. as from 2 June
2025 until the date of effective payment.
3.
Any further claims of the Claimant/ Counter-Respondent are rejected.
4.
The counterclaim of the Respondent/ Counter-Claimant is rejected.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent/ Counter-Claimant 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.
7.
The consequences shall only be enforced at the request of the Claimant/ CounterRespondent in accordance with art. 24 par. 7 and 8 and art. 25 of the Regulations on the
Status and Transfer of Players.
pg. 13
REF. FPSD-19613
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 14
REF. FPSD-19613
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