Labour Disputes
Texto da decisão
REF. FPSD-19753
Decision of the
Dispute Resolution Chamber
passed on 10 October 2025
regarding an employment-related dispute concerning the player Enca Fati
BY:
Dana MOHAMED AL-NOAIMI (Qatar)
CLAIMANT:
Enca Fati, Portugal
Represented by Goncalo De Castro
RESPONDENT:
Al Ain FC, Saudi Arabia
pg. 2
REF. FPSD-19753
I. Facts of the case
1.
On 28 July 2024, the Portuguese player, Enca Fati (hereinafter: the Player or the Claimant),
and the Saudi club, Al Ain FC (hereinafter: the Club or the Respondent) entered into an
employment contract (hereinafter: the Contract) valid as from 1 August 2024 until 30 June
2025.
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 01/08/2024
TO 30/06/2025
6818 $
Total contract number
75000 $ USA DOLLAR
The Club shall pay to the Player each monthly salary-payment by the last day of each month for
a total of [TOTALNUMBER OF MONTHS AS PER ART. 4.1.]”
3.
Art. 12 of the Contract provided, quoted verbatim:
“Article 12. Termination
1. In the case of the Club unlawfully failing to pay the Player at least two monthly salaries on
their due dates, the Player will be deemed to have a just cause to terminate this Contract,
provided that he 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(s).
2. If either Party terminates the Contract with just cause, following amount will have to be paid:
(Two months’ salary). If there is no agreement on the amount, compensation for breach of
contract is payable in accordance with Art. 17 of the FIFA Regulations.”
4.
On 3 June 2025, the Player, through his legal representative, sent a notice of default to the
Club via email, requesting the payment of USD 34,090 net for the outstanding
remuneration for the months of January, February, March, April and May 2025, and
requesting interest at a rate of 5%. The Player granted the Club a 15-day time-limit to
remedy its default by paying the requested amount and stating that he might terminate
the Contract in case the requested amounts were not paid.
pg. 3
REF. FPSD-19753
5.
On 19 June 2025, the Player, through his legal representative, sent a termination notice to
the Club via email, effectively terminating the Contract. The termination letter stated that
he did not receive the amounts requested in his notice of default within the prescribed
time limit and repeated his request for payment to the Club.
II. Proceedings before FIFA
6.
On 30 June 2025, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Claimant
7.
The Player submitted that the Club failed to pay him his salaries for the months of January,
February, March, April and May 2025 for a total value outstanding of USD 34,090 net (5
months x USD 6,818 net).
8.
The Player affirmed having sent a notice of default to the Club, on 3 June 2025 stating that
he was owed 5 monthly salaries and granting the Club 15 days to remedy its default.
9.
The Player claimed that the Club did not answer his notice of default, nor proceeded to the
payment of the requested amounts within the prescribed time limit.
10. In that sense, the Player stated having terminated his Contract with just cause, on 19 June
2025.
11. The Player’s requests for relief, were the following, quoted verbatim:
“III-REQUEST FOR RELIEF:
The claim shall be accepted.
The Dispute Resolution Chamber shall:
a) Condemn the Respondent Club to pay to the Claimant the overdue amount of USD $34.090,00
net, corresponding to the:
-USD $ 6.818,00 net for January ́s monthly salary, due on 31 January 2025;
-USD $ 6.818,00 net for February ́s monthly salary, due on 28 February 2025;
-USD $ 6.818,00 net for March ś monthly salary, due on 31 March 2025;
-USD $ 6.818,00 net for April ́s monthly salary, due on 30 April 2025;
-USD $ 6.818,00 net for May ́s monthly salary, due on 31 May 2025;
pg. 4
REF. FPSD-19753
b) Condemn the Respondent Club to pay to the Claimant the following amount as compensation:
-USD $ 6.818,00 net, pursuant article 17 of FIFA Ś Regulations on the Status and Transfer of
Players.
c) In the global amount of USD $ 40.908,00 net;
d) Plus interest at 5% rate since the overdue dates until effective payment”
b. Position of the Respondent
12. On 16 July 2025 the FIFA general secretariat notified the claim to the Club, granting it a
deadline until 5 August 2025 to provide its position on the claim.
13. The Club did not file a reply to the present claim.
14. On 5 August 2025, the Club requested a 15-day extension to answer the present claim.
15. On the same day, the FIFA general secretariat acknowledged receipt of the Club's
correspondence and granted it an extension of the deadline until 15 August 2025.
16. The Club failed to provide any further correspondence
pg. 5
REF. FPSD-19753
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
17. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether she was competent to deal with the case at hand. In this respect, she
took note that the present matter was presented to FIFA on 30 June 2025 and submitted
for decision on 10 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.
18. 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), she is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between a Portuguese player and a Saudi
club.
19. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, she 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
20. 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 she 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
21. 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
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 she will refer only to the facts, arguments and documentary evidence,
which she considered pertinent for assessing the matter at hand.
pg. 6
REF. FPSD-19753
i. Main legal discussion and considerations
22. The Single Judge then moved to the substance of the matter and took note of the fact that
the Player alleged that the Club failed to pay him his remuneration for the months of
January to May 2025 and therefore claimed that he terminated the Contract with just cause
in accordance with art. 14bis of the Regulations.
23. In this context, the Single Judge acknowledged that her task was to determine, based on
the evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled, and assess the consequences thereof.
24. First and foremost, the Single Judge noted that, since the Club did not file an answer to the
present claim, her decision would be based upon the documentation on file, that is, the
argumentation and evidence filed by the Player in line with art. 14 par. 1 and 21, par. 1 of
the Procedural Rules.
25. The Single Judge then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, 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.
26. The Single Judge noted that the Player claimed not having received his remuneration
corresponding to salaries of January, February, March, April and May 2025. Furthermore,
the Single Judge noted that the Claimant has provided written evidence of having put the
Respondent in default on 3 June 2025, i.e. at least 15 days before unilaterally terminating
the Contract on 19 June 2025.
27. The Single Judge also noted that in the case at hand the Respondent bore the burden of
proving that it indeed complied with the financial terms of the Contract concluded between
the parties. Nonetheless, as the Respondent did not reply to the present claim, it did not
discharge its burden of proof of demonstrating that these amounts were paid.
28. Thus, the Single Judge concluded that the Claimant had just cause to unilaterally terminate
the Contract, based on art. 14bis of the Regulations.
ii. Consequences
29. Having established the above, the Single Judge moved on to the analysis of the
consequences of the breach of contract committed by the Club.
pg. 7
REF. FPSD-19753
30. The Single Judge observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, is equivalent to 5 monthly salaries
under the Contract (January, February, March, April and May 2025), amounting to
USD 34,090 net.
31. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge 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 34,090 net (i.e. 5 times USD 6,818 net).
32. In addition, taking into consideration the wording of art. 5.1. of the Contract, the Claimant’s
request, for relief, as well as the constant practice of the Football Tribunal in this regard,
the Single Judge decided to award the Claimant interest at the rate of 5% p.a. over the
outstanding salaries of January 2025, February 2025, March 2025, April 2025, and May 2025
as from the first day of the following month until the date of effective payment.
33. As for the monthly salary of June 2025, amounting to USD 6,818 net, the Single Judge noted
that the termination occurred after the fifteenth day of the month of June 2025. In that
sense in following the constant practice of the Football Tribunal in this regard, she decided
to award this monthly salary as outstanding remuneration, instead of compensation, and
awarded the Claimant interest on this amount at the rate of 5% p.a. as of 19 June 2025 until
the date of effective payment.
34. As the Contract was set to terminate naturally on 30 June 2025, the Single Judge did not
award compensation.
iii. Compliance with monetary decisions
35. 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.
36. In this regard, the Single Judge 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.
37. Therefore, bearing in mind the above, the Single Judge decided that the Respondent must
pay the full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
pg. 8
REF. FPSD-19753
registering any new players, either nationally or internationally, for the maximum duration
of three entire and consecutive registration periods shall become immediately effective on
the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
38. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is attached
to the present decision.
39. The DRC recalled that the above-mentioned ban will be lifted immediately and prior to its
complete serving upon payment of the due amounts, in accordance with art. 24 par. 8 of
the Regulations.
d. Costs
40. 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.
41. 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-19753
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Enca Fati, is accepted.
2.
The Respondent, Al Ain FC, must pay to the Claimant the following amount(s):
- USD 40,908 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of USD 6,818 net as from 1 February 2025 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 6,818 net as from 1 March 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 6,818 net as from 1 April 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 6,818 net as from 1 May 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 6,818 net as from 1 June 2025 until the date
of effective payment; and
- 5% interest p.a. over the amount of USD 6,818 net as from 19 June 2025 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 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.
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.
pg. 10
REF. FPSD-19753
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 11
REF. FPSD-19753
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