Labour Disputes
Texto da decisão
REF. FPSD-19719
Decision of the
Dispute Resolution Chamber
passed on 13 October 2025
regarding an employment-related dispute concerning the player
Ousmane N’Dong
BY:
Stijn BOEYKENS (Belgium)
CLAIMANT:
Gualaceo SC, Ecuador
Represented by Christian Fernando Morales Arcos
RESPONDENT:
Ousmane N’Dong, Senegal
pg. 2
REF. FPSD-19719
I. Facts of the case
1.
On 6 January 2023, the Ecuadorian club Gualaceo SC (hereinafter, the Club or the Claimant)
and the Senegalese player Ousmane N’Dong (hereinafter, the Player or the Respondent)
concluded an employment contract (hereinafter, the Contract), valid as from 8 February
2024 until the Club’s last participation in the 2024 Campeonato Ecuatoriano de Fútbol.
2.
Pursuant to Clause 12 of the Contract:
“Gualaceo SC, estipula para la cláusula de rescisión de este contrato el valor de 500.000,00
con 00/100 dólares (Quinientos mil dólares de Norte América)”.
Freely translated into English:
“Gualaceo SC stipulates for the buy-out clause of this contract the value of 500,000.00 with
00/100 dollars (five hundred thousand North American dollars)”.
3.
On 10 January 2024, the Parties signed an addendum to the Contract, extending its
duration until the Club’s last participation in the 2025 Campeonato Ecuatoriano de Fútbol.
The Parties also reduced the buy-out clause initially agreed to USD 400,000.
4.
In early July 2024, the Iranian club Golgohar Sirjan Football Club sent an “Invitation Letter”
to the Player, expressing its interest in acquiring his services.
5.
On 29 July 2024, the Player signed an employment contract with Golgohar Sirjan Football
Club.
6.
On 30 July 2024, the Parties concluded the so-called “Acta de finiquito con acuerdo de pago
por rescisión” (freely translated into English: “Termination agreement with termination
payment agreement”; hereinafter, the Termination Agreement), in accordance with which:
“SEGUNDA: FINIQUITO
2.1. En vista de que EL JUGADOR ha mantenido conversaciones en las cuales solicitó dar por
terminada la relación que lo une con EL CLUB, la dirigencia de este, ha decidido tomar en
consideración la petición formulada, tomando en cuenta que existe una cláusula de
rescisión acordada dentro del contrato, la misma que asciende a USD 400,000.00
(Cuatrocientos mil dólares de los Estados Unidos de América) conforme al adendum suscito
por las partes el 10 de enero de 2024.
2.2. Pese a ello, las partes han acordado reformar dicho monto establecido en la cláusula
de rescisión del adendum del 10 de enero del 2024 y establecer de mutuo acuerdo que por
la rescisión del contrato se abonará únicamente la suma de USD 100,000.00 (Cien mil
dólares de los Estados Unidos de América).
pg. 3
REF. FPSD-19719
2.3. En virtud de que EL JUGADOR es quien ha solicitado la rescisión de su contrato de
trabajo, es este quien se compromete a pagar la suma pactada en el párrafo que antecede,
en la forma y fecha que se estipule en cláusulas posteriores”.
Freely translated into English:
“SECOND: TERMINATION
2.1. In view of the fact that THE PLAYER has requested the termination of his relationship
with THE CLUB, the club's management has decided to take this request into consideration.
This is in accordance with the buy-out clause in the contract, which amounts to USD
400,000.00 (four hundred thousand United States dollars), as set out in the addendum
signed by both parties on 10 January 2024.
2.2. Notwithstanding the above, the parties have agreed to amend the amount established
in the buy-out clause of the 10 January 2024 addendum and mutually agree that only USD
100,000.00 (one hundred thousand United States dollars) will be paid for termination of the
contract.
2.3. As THE PLAYER requested the termination of his employment contract, he agrees to pay
the sum agreed in the preceding paragraph in the manner and on the date stipulated in
subsequent clauses”.
7.
Furthermore, Clause 4 of the Termination Agreement stipulates the following:
“CUARTA: ACUERDO DE PAGO
(…)
4.2. En vista que EL JUGADOR es quien solicitó y abonará el monto correspondiente al valor
establecido para ejecutar la rescisión de su contrato de trabajo, éste ha solicitado
flexibilidad en el abono y que el monto sea pagado en al menos 2 cuotas de igual valor,
siendo esto cada cuota de USD 50,000.00 (Cincuenta mil dólares de los Estados Unidos de
América).
4.3. Ante lo cual, EL CLUB ha aceptado la propuesta de pago de EL JUGADOR, acordándose
que el pago se hará de la siguiente forma:
a) Una primera cuota de USD 50,000.00 (Cincuenta mil dólares de los Estados Unidos de
América) que será pagada por EL JUGADOR a favor de EL CLUB a la fecha máxima del 15
de agosto de 2024.
b) Una segunda y última cuota de USD 50,000.00 (Cincuenta mil dólares de los Estados
Unidos de América) que será pagada por EL JUGADOR a favor de EL CLUB a la fecha
pg. 4
REF. FPSD-19719
máxima del 15 de agosto de 2025”.
Freely translated into English:
“FOURTH: PAYMENT AGREEMENT
(…)
4.2. As THE PLAYER requested the termination of his employment contract and will pay the
corresponding amount, he has requested that the payment be made in at least two equal
instalments of USD 50,000.00 (fifty thousand United States dollars).
4.3. In view of this, THE CLUB has accepted THE PLAYER’'s payment proposal, agreeing that
the payment will be made as follows:
a) A first instalment of USD 50,000.00 (fifty thousand United States dollars), to be paid by
THE PLAYER to THE CLUB by 15 August 2024 at the latest.
b) A second and final instalment of USD 50,000.00 (fifty thousand United States dollars), to
be paid by THE PLAYER to THE CLUB by 15 August 2025 at the latest”.
8.
On 19 August 2024, the Club sent an email to the Player and Golgohar Sirjan Football Club
requesting payment of USD 50,000, in accordance with the Termination Agreement.
9.
On an unspecified date, the Club and Golgohar Sirjan Football Club exchanged several
WhatsApp messages regarding the payment of the amounts stipulated in the Termination
Agreement.
10. On 10 March 2025, the Club sent another email to the Player, requesting the payment
under the Termination Agreement.
11. Also on 10 March 2025, the Player replied as follows:
“Hola Hermano hay problema tu sabes no se quién se equivocó y escribió el nombre de Irán
en la factura y ahora acusan a los presidentes de lavado de dinero por esto bloquearon el
dinero y los llamarán el tribunal el dinero seguro que no volverá a mi estará solo a la cuenta
del club ahora deben ayudar al tipo a librarse de la acusación”.
Freely translated into English:
“Hello, brother, there's a problem. You know, I don't know who made the mistake and wrote
Iran's name on the invoice, and now they're accusing the presidents of money laundering.
Because of this, they've frozen the money and will summon them to court. The money will
pg. 5
REF. FPSD-19719
definitely not be returned to me; it will only go to the club's account. Now you must help the
guy get rid of the charges”.
II. Proceedings before FIFA
12. On 26 June 2025, the Club filed the claim at hand before FIFA. A summary of the Parties’
respective positions is detailed below.
a. Claim of the Claimant
13. In its claim, the Club asserted that, despite the Player’s financial obligations under the
Termination Agreement, only USD 33,000 was paid on 13 November 2024. The Club noted
that this payment was made by Mr Tekin Adakan, who, according to the Club, works for
Golgohar Sirjan Football Club. Consequently, the Club claimed to be entitled to USD 17,000
under the first instalment of the Termination Agreement.
14. Based on the above, the Club requested the following relief:
“En este sentido, en aplicación del literal D del Art. 18 del Reglamento de Procedimiento del
Tribunal del Fútbol de la FIFA, señalo como petición concreta de reparación y cuantía el
pago total a mi favor de los siguientes montos:
Total: USD 17,000 + intereses
Conforme lo expuesto hasta aquí, solicito se declare con lugar la demanda y se ordene al
jugador demandado mediante decisión de la CRD que pague la suma de USD 17,000.00
(Diecisiete mil dólares de los Estados Unidos de América) más los intereses acumulados
hasta el efectivo pago”.
Freely translated into English:
“In this regard, and pursuant to Article 18(D) of the Procedural Rules Governing the Football
Tribunal, I hereby request the following amounts as specific redress and compensation:
Total: USD 17,000 + interest.
In accordance with the foregoing, I request that the claim be upheld and that the respondent
player be ordered by the DRC to pay the sum of USD 17,000.00 (seventeen thousand United
States dollars), plus interest accrued until actual payment”.
pg. 6
REF. FPSD-19719
b. Reply of the Respondent
15. Despite being invited to do so, the Player failed to reply to the claim.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
16. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter, the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 26 June 2025 and submitted for
decision on 13 October 2025. Taking into account the wording of arts. 31 and 34 of the
January 2025 edition of the Procedural Rules Governing the Football Tribunal (hereinafter,
the Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to
the matter at hand.
17. Furthermore, the Single Judge 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), he is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between an Ecuadorian club and a
Senegalese player.
18. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he 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
19. The Single Judge 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 Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he 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
20. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
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REF. FPSD-19719
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
i. Main legal discussion and considerations
21. The Single Judge then moved to the substance of the matter, and took note that it
concerned a claim filed by a club against a player for outstanding financial obligations.
Specifically, the Single Judge observed that the amounts claimed by the Club arise from the
Termination Agreement concluded between the Parties on 30 July 2024, pursuant to which
the Player, following his request to terminate the Contract, undertook to pay the Club a
total of USD 100,000 as a buy-out clause — split in two instalments of USD 50,000 on 15
August 2024 and 15 August 2025.
22. The Single Judge noted that, according to the Club, the Parties had originally agreed to a
buy-out clause of USD 500,000, which was subsequently reduced to USD 400,000 through
an addendum. Following the Player’s request to be released from the Contract, the Parties
signed the Termination Agreement, mutually agreeing to a final buy-out amount of
USD 100,000. This amount was to be paid in two equal instalments of USD 50,000. The Club
asserted that, to date, the Player had only paid USD 33,000, and therefore claimed that
USD 17,000 remained outstanding from the first instalment.
23. In this context, the Single Judge acknowledged that his task was to determine, based on
the evidence presented by the Parties, whether the claimed amounts had in fact remained
unpaid by the Player and, if so, whether the latter had a valid justification for not having
complied with his financial obligations.
24. In this regard, the Single Judge emphasised that, in accordance with the principle of burden
of proof enshrined in art. 13 par. 5 of the Regulations, it was incumbent upon the Player to
demonstrate that he had complied with the financial terms of the Termination Agreement
entered into between the Parties.
25. Nonetheless, the Single Judge noted that, despite being invited to do so, the Player failed
to reply to the claim. Consequently, the Single Judge determined that the decision will be
made based on the arguments and evidence on file (cf. art. 21 par. 1 of the Procedural
Rules).
26. In view of the above, considering that no evidence of compliance with the aforementioned
financial terms or valid justification was provided by the Player, and based on the legal
principle of pacta sunt servanda, the Single Judge concluded that the Player is liable to pay
the Club USD 17,000 as the remaining part of the first instalment under the Termination
Agreement.
pg. 8
REF. FPSD-19719
27. In addition, taking into account the Club’s request as well as the constant practice of the
Football Tribunal in this regard, the Single Judge decided to award the Club interest at the
rate of 5% per annum on the aforementioned amount as from 15 August 2024 until the
date of effective payment.
ii. Compliance with monetary decisions
28. Finally, taking into account the applicable Regulations, the Single Judge 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.
29. In this regard, the Single Judge highlighted that, against players, the consequence of the
failure to pay the relevant amounts in due time shall consist of a restriction on playing in
official matches up until the due amounts are paid. The overall maximum duration of the
restriction shall be of up to six months.
30. Therefore, bearing in mind the above, the Single Judge decided that the Player must pay
the full amount due (including all applicable interest) to the Club within 45 days of
notification of the decision, failing which, at the request of the creditor, a restriction on
playing in official matches for the maximum duration of six months shall become
immediately effective on the Player in accordance with art. 24 par. 2, 4, and 7 of the
Regulations.
31. The Player shall make full payment (including all applicable interest) to the bank account
provided by the Club in the Bank Account Registration Form, which is attached to the
present decision.
32. The Single Judge 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
33. The Single Judge 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 Single Judge decided that no procedural costs were to be
imposed on the Parties.
34. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
pg. 9
REF. FPSD-19719
35. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the Parties.
pg. 10
REF. FPSD-19719
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Gualaceo SC, is accepted.
2.
The Respondent, Ousmane N’Dong, must pay to the Claimant the following amount(s):
o USD 17,000 as outstanding amount plus 5% interest per annum as from 16 August
2024 until the date of effective payment.
3.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
4.
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 imposed with a restriction on playing in official matches up
until the due amounts are paid. The overall maximum duration of the restriction shall
be of up to six months on playing in official matches.
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 six months.
5.
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.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 11
REF. FPSD-19719
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. 12