Labour Disputes
Texto da decisão
REF. FPSD-20420
Decision of the
Dispute Resolution Chamber
passed on 5 February 2026
regarding an employment-related dispute concerning the player
Ivan Saponjic
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Jorge GUTIÉRREZ (Costa Rica), Member
Stella MARIS JUNCOS (Argentina), Member
CLAIMANT:
Ivan Saponjic, Serbia
Represented by Nenad Curkovic
RESPONDENT:
SK Slovan Bratislava, Slovakia
pg. 2
REF. FPSD-20420
I. Facts of the case
1.
On 21 January 2022, the Serbian player Ivan Saponjic (hereinafter: the Player or the
Claimant) and the Slovakian club, SK Slovan Bratislava (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid from 25
January 2022 until 31 December 2024.
2.
Art. IV of the Contract provides, quoted verbatim:
“Article IV
Salary
1.The Parties have agreed the basic salary of the Player for the exercise of sport activities in
Annex 1, which is an integral part of this Contract. The Player shall legally be entitled to other
elements of the salary exclusively if the Parties have agreed so. expressly for specific cases in
Annex 1, or if the legal title therefor arises from internal Club rules.
2.The Salary of the Player shall be due by the 20th day of the month following the end of the
month in which the Player exercised sport activities for the Club under this Contract and shall
be credited to the account of the Player, which the Player shall notify to the Club within 14
days from signing this Contract
3.During sickness, incapability to work, accident or injury of the Player, the Player shall be
entitled to receive the salary, save for cases when the Player violated his obligations under
this Contract and SFA, FIFA, UEFA and WADA regulations. The rights of the Club are in no way
limited thereby.
4.Regarding all the net amounts specified under this Contract: The Club shall be liable for the
calculation of the net amounts which the Player is entitled to receive. The Club is the only
responsible and therefore undertakes the binding commitment for making the gross up
calculation from the net amounts and paying the taxes on behalf of the Player in connection
with the net payments agreed under this Contract. In the event that the Player received any
claim from the Slovak tax authorities in connection with the net payments specified in this
contract, the Club shall become liable for such claims and shall hold and maintain the Player
unharmed.”
3.
Art. XI par. 6 of the Contract provided, quoted verbatim:
“6. The Player is entitled to unilaterally withdraw from this Agreement exclusively in the
following cases:
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REF. FPSD-20420
a. If the Club repeatedly violates material provisions of this Contract and the Player
notified the Club on this within 30 days from finding out the repeated material
violation of a contractual obligation,
b. If the Club is two months late with paying the basic monthly salary to the Player, and the
Club fails to fulfil his obligation even after the expiry of 15 days after the delivery of a
written notice from the player regarding the late payments. In this case, the player shall be
entitled to termination with just cause of this contract and shall be entitled as well to
receive the salaries pending from the early termination date until the term of the contract;
this means, 31" December 2024 or 31st May 2026 if applicable.”
4.
Art. 1 of the Annex to the Contract provided, quoted verbatim:
“The Club, and the Player herewith agree with following remuneration conditions:
1.Basic monthly salary of the Player with effect from 25.01.2022 to 31.12.2024, is: 34.419
EUR gross.
> If the player will take the participation in minimum 70% championship matches in the
spring part of the season 2021/2022, the basic monthly salary in next season 2022/2023
will be increased to the amount EUR 35.753,- gross , whereby the participation in the
championship match for the purpose of this agreement is meaning the participation in
championship match for minimum 45 minutes.
> If the player will take the participation in minimum 60% championship matches in the
season 2022/2023 , the basic monthly salary in next season 2023/2024 will be increased
to the amount EUR 37.086,- gross , whereby the participation in the championship match
for the purpose of this agreement is meaning the participation in championship match
for minimum 45 minutes.
> If the player will take the participation in minimum 60% championship matches in the
season 2023/2024 , the basic monthly salary in next season 2024/2025 will be increased
to the amount EUR 38.419,- gross . whereby the participation in the championship match
for the purpose of this agreement is meaning the participation in championship match
for minimum 45 minutes.”
5.
The Annex to the Contract provided, quoted verbatim:
“Signing bonus:
EUR 66.666,- gross for the signing of this contract. This payment will be provided in three
payments.
First payment in amount of EUR 33.333,- will be payed until 31.07.2022, second payment
in amount of EUR 13.333,- will be payed until 31.09.2022 and third payment in amount of
EUR 20.000,- will be payed until 31.12.2022.”
pg. 4
REF. FPSD-20420
6.
The Annex to the Contract provided, in fine, quoted verbatim:
“The Club is obligated during the validity period of this agreement to pay the Player in addition
to the salary contribution EUR 1,000 - gross/monthly to compensate the Player’s
accommodation fees. Provision regulating payment due of the salary shall be applies
accordingly.”
7.
On 25 October 2024, the Player sent a default notice to the Club stating that it had failed
to pay him his salaries of July 2023, August 2023, July 2024, August 2024 and September
2024, as well as the EUR 1,000 monthly accommodation fee for the same months. The
Player granted the Club 15 days to remedy its default.
8.
On 12 November 2024, the Player sent a termination notice to the Club.
II. Proceedings before FIFA
9.
On 19 August 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
10. The Player alleged that the Club failed to pay him his monthly salary and his monthly
accommodation allowance for the months of July 2023, August 2023, July 2024, August
2024, and September 2024 amounting to EUR 177,095 (EUR 34,418 times 5 months and
EUR 1,000 times 5 months, respectively) + (EUR 1,000 x 5 months).
11. The Player also affirmed that the Club did not register him for the season 2023-2024, and
that he was allegedly approached by a Slovakian lawyer which presented himself as
representing the Club to sign a settlement agreement to terminate prematurely his
Contract.
12. The Player submitted that he had just cause to terminate as he had more than two months
of salary outstanding and that he sent the Club a notice of default in which he granted it
15 days to remedy its default.
13. The Player therefore made the following request for relief, quoted verbatim:
“Taking the aforementioned into account, the player Ivan Saponjic hereby respectfully
requests the Football Tribunal to rule as follows:
As a consequence of all of the above, the Player is requesting the FIFA DRC to determine
that he terminated the employment relationship with the Club with just cause on 12th
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REF. FPSD-20420
November 2024 - and to order the Club to pay the Player the following amounts:
Overdue payables, plus 5% interest p.a. as from the relevant payment dates until the date
of effective payment, specified as follows:
EUR 34.419,00 (outstanding salaries for the month of July 2023); plus 5% interest p.a. from
20
August 2023 until the date of effective payment;
EUR 34.419,00 (outstanding salaries for the month of August 2023); plus 5% interest p.a.
from 20 September 2023 until the date of effective payment;
EUR 34.419,00 (outstanding salaries for the month of July 2024); plus 5% interest p.a. from
20
August 2024 until the date of effective payment;
EUR 34.419,00 (outstanding salaries for the month of August 2024); plus 5% interest p.a.
from 20 September 2024 until the date of effective payment;
EUR 34.419,00 (outstanding salaries for the month of September 2024); plus 5% interest
p.a. from 20 October 2024 until the date of effective payment;
EUR 1.000,00 (outstanding accommodation fee for the month of July 2023); plus 5%
interest p.a. from 20 August 2023 until the date of effective payment;
EUR 1.000,00 (outstanding accommodation fee for the month of August 2023); plus 5%
interest p.a. from 20 September 2023 until the date of effective payment;
EUR 1.000,00 (outstanding accommodation fee for the month of July 2024); plus 5%
interest p.a. from 20 August 2024 until the date of effective payment;
EUR 1.000,00 (outstanding accommodation fee for the month of August 2024); plus 5%
interest p.a. from 20 September 2024 until the date of effective payment;
EUR 1.000,00 (outstanding accommodation fee for the month of September 2024); plus
5% interest p.a. from 20 October 2024 until the date of effective payment
EUR 106,257 as the amount due as compensation for breach of contract + 5% interest as
from 12th November 2024 until the date of effective payment”.
b. Position of the Respondent
14. Despite being provided the opportunity to do so, the Club has not answered the claim.
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REF. FPSD-20420
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. 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 19 August 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.
16. 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 DRC is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Serbian player
and a Slovakian club.
17. 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
18. 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
19. 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.
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REF. FPSD-20420
i. Main legal discussion and considerations
20. The foregoing having been established, the Chamber moved to the substance of the matter
and took note that the Player alleged that he had just cause to terminate his Contract,
based on the alleged non-payment of certain financial obligations by the Respondent as
per the Contract, in accordance with art. 14bis of the Regulations.
21. Since the Club has failed to validly answer to this claim, the decision will be based upon the
documentation on file, that is, the argumentation and evidence filed by the Claimant in line
with art. 14 par. 1 and 21, par. 1 of the Procedural Rules.
22. In this context, the Chamber acknowledged that its 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.
23. The Chamber 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 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 obligation(s).
24. The Chamber noted that the Claimant claims not having received his remuneration
corresponding to July and August 2023 as well as July, August and September 2024,
amounting to EUR 177,095. Furthermore, the Chamber noted that the Claimant has
provided written evidence of having put the Respondent in default on 25 October 2024, i.e.
at least 15 days before unilaterally terminating the contract on 12 November 2024.
25. The Chamber 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, in absence of an answer the Club
26. Thus, the Chamber concluded that the Claimant had just cause to unilaterally terminate
the contract, based on art. 14bis of the Regulations.
ii. Consequences
27. 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.
28. 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 five monthly
salaries under the contract, amounting to EUR 177,095 (i.e. 5 times EUR 35,419).
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REF. FPSD-20420
29. 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. EUR
177,095.
30. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, and art. IV par. 2 of the Contract, which provide that
the salaries were due on the 20th day of the following month, the Chamber decided to
award the Claimant interest at the rate of 5% p.a. on the outstanding amounts as follows:
- 5% interest p.a. over the amount of 35,419 as from 21 August 2023 until the date
of effective payment;
- 5% interest p.a. over the amount of 35,419 as from 21 September 2023 until the
date of effective payment;
- 5% interest p.a. over the amount of 35,419 as from 21 August 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of 35,419 as from 21 September 2024 until the
date of effective payment; and
- 5% interest p.a. over the amount of 35,419 as from 21 October 2024 until the date
of effective payment.
31. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by the Respondent 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.
32. 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 them 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.
33. 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).
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REF. FPSD-20420
Bearing in mind the foregoing as well as the claim of the Claimant, the Chamber proceeded
with the calculation of the monies payable to the Claimant 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 EUR 106,257 (i.e., 3 months x EUR 34,419 for the monthly
salaries and 3 months x EUR 1,000 for the allocation allowance) serves as the basis for the
determination of the amount of compensation for breach of contract.
34. In continuation, the Chamber verified as to whether the Claimant 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.
35. In this respect, the Chamber noted that the Player remained unemployed since the
unilateral termination of the contract.
36. The Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to which, in case
the Player did not sign any new contract following the termination of his previous contract,
as a general rule, the compensation shall be equal to the residual value of the contract that
was prematurely terminated.
37. In this respect, the Chamber decided to award the Player compensation for breach of
contract in the amount of EUR 106,257 (i.e., 3 months x EUR 34,419 for the monthly salaries
plus 3 months x EUR 1,000 for the accommodation allowance), as the residual value of the
contract.
38. Lastly, taking into consideration the Player’s request as well as the constant practice of the
Chamber in this regard, the latter decided to award the Player interest on said
compensation at the rate of 5% p.a. as of 12 November 2024 until the date of effective
payment.
iii. Compliance with monetary decisions
39. 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.
40. 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
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REF. FPSD-20420
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.
41. Therefore, bearing in mind the above, the DRC 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
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.
42. 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.
43. 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
44. 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.
45. 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.
46. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-20420
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Ivan Saponjic, is partially accepted.
2.
The Respondent, SK Slovan Bratislava, must pay to the Claimant the following amounts:
- EUR 177,095 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount EUR 35,419 of as from 21 August 2023 until the date of
effective payment;
- 5% interest p.a. over the amount EUR 35,419 of as from 21 September 2023 until the
date of effective payment;
- 5% interest p.a. over the amount EUR 35,419 of as from 21 August 2024 until the date of
effective payment;
- 5% interest p.a. over the amount EUR 35,419 of as from 21 September 2024 until the
date of effective payment; and
- 5% interest p.a. over the amount EUR 35,419 of as from 21 October 2024 until the date
of effective payment.
- EUR 106,257 as compensation for breach of contract plus 5% interest p.a. as from 12
November 2024 until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
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.
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REF. FPSD-20420
6.
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.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-20420
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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