Labour Disputes
Texto da decisão
REF. FPSD-20601
Decision of the
Dispute Resolution Chamber
passed on 6 November 2025
regarding an employment-related dispute concerning
the player Ivan Mamut
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Johan VAN GAALEN (South Africa), Member
Calum BEATTIE (Scotland), Member
CLAIMANT:
Ivan Mamut, Croatia
Represented by Hrvoje Raic
RESPONDENT:
Terengganu FC, Malaysia
pg. 2
REF. FPSD-20601
I. Facts of the case
1.
On 14 November 2022, the Croatian player Ivan Mamut (hereinafter: the Player or the
Claimant) and the Malaysian club Terengganu FC (hereinafter: the Club or the Respondent)
signed a document entitled “Letter of offer to play for Terengganu Football Club (TFC) in
the Malaysia League 2023” (hereinafter: the Offer), which contained, inter alia, the following
terms and conditions (quoted verbatim):
“This is to confirm that our Club TFC is pleased to offer you, Mr. Ivan Mamut (Player), a
professional Contract with us based on the following terms and conditions:Contract Tenure: Season 2023: 01st Jan. 2023 – 31st Dis 2023 (12 Months)
Contract Value: RM 995,000.00
Monthly Salary: RM 83,000.00
Income (USD 15,000.00/ RM 67,500.00 - SALARY)
(USD 3,439.07 / RM 15,475.83 - INCOME TAX)
Income-tax: Will be paid by player (Club will assist to do a monthly tax Deductions
schedule base on gross monthly salary and will Be fixed by LHDN)
Signing fees: Not more than a month salary (RM 67,500.00)
Accommodation: An apartment / house with monthly rental maximum RM 2,000.00 a
month.
Transport: A standard national car to be provided / allowance RM 1,000.00 monthly
Flight tickets: A return Economy class flight tickets (once) will be provided for player,
spouse and kids. Flight ticket must be used by the player. The club will not responsible to
pay any compensation to the player.
Bonuses: This will be solely at the discretion of the Team Management.
(…)”
2.
On 1 January 2023, the parties entered into an employment contract (hereinafter: the First
Contract) valid as from 1 January 2023 until 31 December 2023.
3.
According to the First Contract, the Player was entitled to a monthly salary of MYR 26,616
gross and MYR 22,500 net to be paid no later than the 7 th day of the following month.
Moreover, the parties agreed upon the following additional payments (quoted verbatim):
pg. 3
REF. FPSD-20601
“d) i) Other benefits as agreed upon between the Club and the Player:
Return ( Economy Class ) flight ticket ( Spouse ). If the player do not use the flight ticket,
player cannot claim cash from the club.
ii) House / accommodation ( Worth RM 2,000.00 monthly ). Player have to find personally
a house and club will pay monthly to the player.
iii) Car ( Worth RM 1,000.00 monthly ). A national car provide by the club. Any service by
the player and damage due to player negligence borne by the player,
iv) Equipment allowance (fitness) : RM 10,000.00nett x 12 month, monthly payment.
v) Medical allowance (player/familly) : RM10,000.00 nett x 12 month by monthly
payment.
vi) Transport allowance (international/domestic) : RM10,000.00nettx 12 month by
monthly payment.
vii) Utilities allowance (telephone/internet/television/others) : RM5,000.00nett x 12
month by monthly payment.
x) Performance
allowance
(excellent/moderate/full
RM10,000.00nett 12 month by monthly payment.
match
play/others)
:
xi) For the clause d (iv, v, vi, vii and x) if both party (club and player) want to terminate
this contract, must include this allowances and the amount compensation depend on
mutual agreement termination with both party.
xii) Club have right hold and using the last month salary to settle any financial obligation
case with the another party / third party.”
4.
On 3 January 2023, the parties concluded a document entitled “Declaration Form”
(hereinafter: the First Signing Fee Agreement), by means of which the Club undertook to pay
the Player a signing fee of MYR 67,500 before the end of the First Contract.
5.
On 17 December 2023, the Club paid the Player MYR 55,100 as “claims”.
6.
On 21 December 2023, the Club paid the Player MYR 20,000 as “signing fee”.
7.
On 31 December 2023, the parties concluded another employment contract (hereinafter:
the Second Contract), valid as from 1 January 2024 to 30 April 2025.
pg. 4
REF. FPSD-20601
8.
In the Second Contract, the parties established that the Player was entitled to a monthly
salary of MYR 54,900 gross and MYR 45,100 net, to be paid no later than the 7 th day of the
following month. Additionally, the parties agreed upon the following additional benefits
(quoted verbatim):
“d. i) Other benefits as agreed upon between the Club and the Player:1 return ( Economy Class ) flight ticket (Father and Mother) and 2 return tickets for player.
If do not use the flight ticket, player cannot claim cash from the club.
ii) House / accommodation ( Worth RM 2,000.00 monthly ). Player have to find personally
a house and club will pay monthly to the player.
iii) Car ( Worth RM 1,000.00 monthly ). A national car provide by the club. Any service by
the player and damage due to player negligence borne by the player.
iv) Equipment allowance (fitness) : RM10,000.00 nett monthy.
v) Medical allowance (player/familly) : RM10,000.00 nett monthly,
vi) Transport allowance (international/domestic) : RM10,000.00 nett monthly,
vii) Utilities allowance (telephone/internet/televlslon/others) : monthly.
x) Performance allowance (excellent/moderate/full match play/others) : RM10,000.00
nett monthly.
d. Income tax will pay through the club”
9.
On 15 December 2023, the parties concluded a document entitled “Declaration Form”
(hereinafter: the Second Signing Fee Agreement), by means of which the Club undertook to
pay the Player a signing fee of MYR 50,000 no later than 1 February 2024.
10. On 16 April 2024, the Club approved that the Player travel to Zagreb (Croatia) for medical
treatment from 15 April to 15 May 2024. The Club stated that the travel and medical costs
for treatment in Zagreb would be borne by the Player.
11. On 16 June 2024, the Club stated that the treatment was extended until 31 May 2024 and
decided to continue the treatment starting on 1 June 2024.
12. On 22 July 2024, the parties concluded a document entitled “Mutual Agreement”
(hereinafter: the First Mutual Agreement), by means of which the parties agreed upon the
following:
pg. 5
REF. FPSD-20601
“Regarding meeting with you on 22th July 2024 at the TFC Office. Club and you mutual
agreed as that decision and benefit between two parties as below
1. Permission: Club agrees to allow the player to return to Croatia to undergo surgery for
a left Achilles tendon tear. Report back to the Club on 30th December 2024
2. Surgery and Recovery: Traveling and all medical cost for surgery, treatment and
recovery by your own expenses.
3. Others: Provide a separately document for mutual both parties.”
13. On 9 August 2024, the parties concluded a document entitled “Mutual Agreement Club and
Player” (hereinafter: the Second Mutual Agreement), which established:
“1. The parties had signed Professional Player's Contract dated 31st December 2023
(hereinafter referred to as "the Principal Agreement"), and
2. The parties herewith agree to amend maturity dates of following monthly salaries
from the Principal Agreement:
•
•
•
•
•
50 % of August 2024 salary,
50 % of September 2024 salary,
50 % of October 2024 salary,
50 % of November 2024 salary,
50 % of December 2024 salary, as set forth below.”
14. Clause 3 of the Second Mutual Agreement stipulated:
“3.1 [Club] herewith confirms that it agreed to allow the Player to return to Croatia to
undergo surgery for a left Achilles tendon tear and confirms that the Player has to report
back and return to Club on 31st December 2024.
2. The Club shall pay to the Player 50 % of August 2024 salary, 50 % of September 2024
salary, 50 % of October 2024 salary, 50 % of November 2024 salary, 50 % of December
2024 salary, as set forth and within the deadlines prescribed in the Principal Agreement,
while the balance of the said monthly salaries shall be paid as follows:
•
•
•
•
•
remaining 50 % of August 2024 salary, on 1 January 2025, and
remaining 50 % of September 2024 salary, on 1 February 2025, and
remaining 50 % of October 2024 salary, on 1 March 2025
remaining 50 % of November 2024 salary, on 1 April 2025
remaining 50 % of December 2024 salary, on 1 May 2025.
3. All travelling and medical cost for treatment shall be fully born by the Player.
pg. 6
REF. FPSD-20601
4. Apart from the above, all other clauses in the Principal Agreement shall remain
unchanged, in full force and binding to the parties.
5. In case of dispute arising from this agreement FIFA Regulations shall apply and FIFA
Football Tribunal shall be competent to hear the case.”
15. On 18 March 2025, the Player placed the Club in default and requested payment of MYR
698,530, of which MYR 75,130 corresponded to the First Signing Fee Agreement and an
allowance stipulated in the First Contract, and MYR 623,400 corresponded to the Second
Signing Fee Agreement and outstanding remuneration included in the Second Contract.
The Player granted the Club 10 days to pay the amounts.
16. On 2 April 2025, an individual named Ahmad Zul Karami Bin Salleh informed the Club that
the rent from November 2024 to April 2025 corresponding to Ivan Mamut (i.e., the Player)
was outstanding, amounting to a total of MYR 15,000.
17. On 16 April 2025, the Club paid Ahmad Zul Karami Bin Salleh MYR 4,600 as “House rent
Ivan Mamut”.
18. On 3 May 2025, the Club replied to the Player’s letter, stating that the only remaining
amount for 2023 was a balance of MYR 30. Regarding 2024, the Club argued that it owed
the Player MYR 374,100, and for 2025, MYR 241,850. In this respect, the Club stated that
the outstanding remuneration amounted to MYR 615,980, but there was an outstanding
accommodation claim from the apartment owner amounting to MYR 15,000, and the Club
had already paid to the owner MYR 4,600. Therefore, the Club alleged that it would only
pay the Player MYR 596,380 and proposed a payment schedule of eight instalments.
19. On 12 May 2025, the Player replied to the Club’s letter, stating that his previous calculation
was accurate. In addition, the Player argued that the salaries and allowances for March and
April 2025 were also overdue, and that the debt at that time amounted to MYR 874,730
net. Hence, the Player requested payment of the aforementioned amount within 10 days.
20. On 15 May 2025, the Club referred to its previous correspondence and maintained that the
calculations stipulated therein should prevail. Nonetheless, the Club acknowledged that
the salaries and allowances for March and April 2025 were also due.
21. On 2 June 2025, the Club sent a new communication to the Player and proposed a meeting
to resolve the matter amicably.
22. On 21 June 2025, the Player refused to engage in any kind of negotiations and again
requested payment of MYR 874,730 within 10 days.
pg. 7
REF. FPSD-20601
23. On 25 June 2025, the Club replied to the Player’s letter and acknowledged a debt of MYR
771,630. Nevertheless, the Club argued that: (i) as of May 2024, the Club had provided the
Player with a car for his use, and therefore transportation allowances from that date were
not permitted; (ii) in April 2024, the Player travelled to Zagreb for treatment and
rehabilitation, and in August 2024 he again returned to Croatia to undergo surgery, which
is why he was not entitled to a housing allowance for the said period, as he was not residing
in the country; and (iii) the Club paid MYR 4,600 to the house owner, as the Player had an
outstanding payment.
II. Proceedings before FIFA
24. On 29 August 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Claimant
25. The Player argued that the parties concluded several documents under which the Club
undertook to comply with various obligations. According to the Player, the Club failed to
pay the following amounts in accordance with the First Contract, the First Signing Fee
Agreement, the Second Contract, and the Second Signing Fee Agreement (quoted
verbatim):
“• a sign on fee of net RM 67,500.00, which matured on 31/12/2023,
• and the balance of the December 2023 allowances of net RM 7,630.00, which matured
on 1/1/2024, and
• a sign on fee of net RM 50,000.00, which matured on 1/2/2024, and
• the balance of the February 2024 allowances of net RM 3,000.00, which matured on
1/3/2024, and
• the balance of the March 2024 allowances of net RM 3,000.00, which matured on
1/4/2024, and
• the balance of the April 2024 allowance of net RM 1,000.00, which matured on
1/5/2024, and
• the balance of the May 2024 allowances of net RM 21,000.00, which matured on
1/6/2024, and
• the balance of the May 2024 salary of net RM 22,550.00, which matured on 7/6/2024,
and
• the balance of the June 2024 allowances of net RM 21,000.00, which matured on
1/7/2024, and
• July 2024 allowances of net RM 43,000.00, which matured on 1/8/2024, and
• August 2024 allowances of net RM 43,000.00, which matured on 1/9/2024, and
• the balance of the August 2024 salary of net RM 22,550.00, which matured 1/1/2025,
and
• September 2024 allowances of net RM 43,000.00, which matured on 1/10/2024, and
pg. 8
REF. FPSD-20601
• the balance of the September 2024 salary of net RM 22,550.00, which matured on
7/10/2024, and
• the balance of the September 2024 salary of net RM 22,550.00, which matured on
1/2/2025, and
• October 2024 allowances of net RM 43,000.00, which matured on 1/11/2024,
and
• November 2024 allowances of net RM 43,000.00, which matured on 1/12/2024,
and
• December 2024 allowances of net RM 43,000.00, which matured on 1/1/2025, and
• January 2025 allowances of net RM 43,000.00, which matured on 1/2/2025, and
• January 2025 salary of net RM 45,100.00, which matured on 7/2/2025,
and
• February 2025 allowances of net RM 43,000.00, which matured on 1/3/2025,
and
• February 2025 salary of net RM 45,100.00, which matured on 7/3/2025,
and
• March 2025 allowances of net RM 43,000.00, which matured on 1/4/2025,
and
• March 2025 salary of net RM 45,100.00, which matured on 7/4/2025, and
• April 2025 allowances of net RM 43,000.00, which matured on 1/5/2025, and
• April 2025 salary of net RM 45,100.00, which matured on 7/5/2025,
together with all relevant taxes, state contributions and surcharges on top of all above
specified net amounts.”
26. The Claimant’s requests for relief were the following (quoted verbatim):
“20. In view of the foregoing and given that the Respondent still has not paid the
requested amounts to the Claimant, the honorable chamber is respectfully requested:
I. to condemn the Respondent to pay in favor of the Claimant overdue payables of net
RM 874,730.00 (eight hundred seventy-four thousand seven hundred thirty ringgit),
which matured as follows:
•
•
•
•
•
•
•
•
•
•
net RM 67,500.00, on 31/12/2023, and
net RM 7,630.00, on 1/1/2024, and
net RM 50,000.00, on 1/2/2024, and
net RM 3,000.00, on 1/3/2024, and
net RM 3,000.00, on 1/4/2024, and
net RM 1,000.00, on 1/5/2024, and
net RM 21,000.00, on 1/6/2024, and
net RM 22,550.00, on 7/6/2024, and
net RM 21,000.00, on 1/7/2024, and
net RM 43,000.00, on 1/8/2024, and
pg. 9
REF. FPSD-20601
•
•
•
•
•
•
•
•
•
•
•
•
•
•
net RM 43,000.00, on 1/9/2024, and
net RM 43,000.00, on 1/10/2024, and
net RM 22,550.00, on 7/10/2024, and
net RM 43,000.00, on 1/11/2024, and
net RM 43,000.00, on 1/12/2024, and
net RM 65,550.00, on 1/1/2025, and
net RM 65,550.00, on 1/2/2025, and
net RM 45,100.00, on 7/2/2025, and
net RM 43,000.00, on 1/3/2025, and
net RM 45,100.00, on 7/3/2025, and
net RM 43,000.00, on 1/4/2025, and
net RM 45,100.00, on 7/4/2025, and
net RM 43,000.00, on 1/5/2025, and
net RM 45,100.00, on 7/5/2025,
within 45 days as from the date of notification of the decision in the matter of the
reference to the Respondent; and
I. to condemn the Respondent to pay all relevant taxes, state contributions and
surcharges, on top of the above-mentioned net amounts, within 45 days as from the date
of notification of the decision in the matter of the reference to the Respondent;
or alternatively
to condemn the Respondent to provide the Claimant with the corresponding tax
certificates concerning the payment of all the above specified net amounts alongside all
the net amounts already paid to the Claimant during the term of the Employment
contract, within 45 days as from the date of notification of the decision in the matter of
the reference to the Respondent; and
III. to condemn the Respondent to pay in favor of the Claimant default interest of 5% per
year on the aforementioned amount starting from the respective date of maturity until
the effective date of the payment, within 45 days as from the date of notification of the
decision in the matter of the reference to the Respondent; and
IV. to impose sporting sanctions against the Respondent, all in the light of article 12bis,
of the FIFA RSTP.”
b. Reply of the Respondent
27. In its reply, the Club acknowledged a debt towards the Player in the amount of MYR
771,630, and provided the following breakdown (quoted verbatim):
“RM 30 for 2023
pg. 10
REF. FPSD-20601
a. Sign on fee of RM50,000.00
b. Balance of February 2024 allowances amounted to RM 3,000.00
c. Balance of March 2024 allowannces amounted to RM3,000.00
d. Balance of April 2024 allowances amounted to RM 1,000.00
e. Balance of May 2024 salary amounted to RM 22,550.00
f. Balance of August 2024 salary amounted to RM 22,550.00
g. Balance of September 2024 salary amounted to RM 22,550.00
h. Balance of September 2024 salary amounted to RM 22,550.00
i. January 2025 salary amounted to RM 45,100.00
j. February 2025 salary amounted RM45,100.00
k. March 2025 salary amounted RM45,100.00
l. April 2025 salary amounted RM45.100.00”
“a. Balance of May 2024 allowance amounted to RM20.000.00
b. Balance of June 2024 allowance amounted to RM20.000.00
c. Balance of July 2024 allowance amounted to RM40.000.00
d. Balance of August 2024 allowance amounted to RM40,000.00
e. September 2024 allowance amounted to RM40,000.00
f. October 2024 allowance amounted to RM40,000.00
g. November 2024 allowance amounted to RM40,000.00
h. December 2024 allowance amounted to RM40.000.00
i. January 2025 allowance amounted to RM42.000.00
j. February 2025 allowance amounted to RM42.000.00
k. March 2025 allowance amounted to RM40.000.00
l. April 2025 allowance amounted to RM40,000.00”
28. The Club argued that it had paid MYR 75,100 for the amounts the Player claimed as
outstanding for 2023, leaving only MYR 30 as unpaid. Additionally, the Club stated that: (i)
as of May 2024, it had provided the Player with a car for his use, and therefore
transportation allowances from that date were not permitted; (ii) in April 2024, the Player
travelled to Zagreb for treatment and rehabilitation, and in August 2024 he again returned
to Croatia to undergo surgery, which is why he was not entitled to a housing allowance for
the said period, as he was not residing in the country; and (iii) the Club paid MYR 4,600 to
the house owner, as the Player had an outstanding payment.
29. Therefore, the Club asserted that its debt towards the Player should be capped at MYR
771,630.
c. Replica of the Claimant
30. In his replica, the Player emphasised that the Club acknowledged a debt of MYR 771,630
but failed to pay any amount to him.
pg. 11
REF. FPSD-20601
31. Regarding the Club’s allegations, the Player first argued that the Club’s position that he was
not entitled to housing allowances during the period he travelled to Croatia for
rehabilitation was groundless, as he was entitled to housing allowances throughout the
entire term of the employment relationship.
32. The Player also rejected the Club’s statement that only MYR 30 was owed under the First
Employment Contract and the First Signing Fee Agreement. In this regard, the Player
argued that the proof of payments submitted by the Club did not relate to his claims but
rather to outstanding amounts owed by the Club prior to the relevant period - i.e., before
the first maturity date mentioned in his requests for relief. The Player pointed out that the
signing fee under the First Signing Fee Agreement fell due on 31 December 2023, meaning
that payments made on 17 and 21 December 2023 were not relevant to this matter.
33. The Player contended that the payment confirmation provided by the Club dated 21
December 2023 allegedly referenced the signing fee. However, the Player submitted his
bank statement, which contained no reference to the signing fee. The Player also pointed
out that the payment invoked by the Club was made significantly earlier than the due date.
34. Therefore, the Player insisted that the Club pay MYR 874,730 and reiterated all his requests
for relief as stated in the claim.
d. Duplica of the Respondent
35. Despite having been invited to do so, the Respondent failed to provide its final comments.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
36. 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 29 August 2025 and submitted for decision
on 6 November 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.
37. 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 Croatian player and a Malaysian club.
pg. 12
REF. FPSD-20601
38. 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
39. 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
40. 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.
i. Main legal discussion and considerations
41. The Chamber then moved to the substance of the matter, noting that it concerned a claim
brought by a player against a club for outstanding remuneration under different contracts.
42. The Chamber recalled that, according to the Player, the Club failed to pay him MYR 874,730.
Additionally, the Chamber noted that, although the Club acknowledged a debt of MYR
771,630, it argued that the remaining amounts should not be awarded, as: (i) the claims for
2023 were almost fully paid; (ii) the Player was not entitled to several transportation and
accommodation allowances; and (iii) the Club made a payment regarding the Player’s
accommodation which should be credited against its debt.
43. In this context, the Chamber concluded that the Player is, at minimum, entitled to MYR
771,630, and acknowledged that its task was to determine whether the Player is entitled to
the additional amounts disputed by the Club. Therefore, the Chamber moved on to analyse
each argument raised by the Club in turn.
pg. 13
REF. FPSD-20601
a) Amounts paid in 2023
44. The Chamber initially observed that the Player claimed a signing fee of MYR 67,500 and the
balance of December 2023 allowances amounting to MYR 7,630 net, alleging that these
amounts should have been paid in 2023. In this sense, the Chamber noted that the Club
argued that these amounts were already paid on 17 and 21 December 2023, leaving only a
balance of MYR 30.
45. At this point, the Chamber recalled that the Club submitted two proofs of payment: one of
MYR 55,100 dated 17 December 2023, with the reference “claims”, and another of MYR
20,000 dated 21 December 2023, with the reference “signing fee”. However, according to
the Player, neither payment relates to his claims, as: (i) they were made before the due
dates; and (ii) his bank statements contain no reference to the signing fee, which suggests
the description was not genuine.
46. While the Player did not dispute receipt of both payments and confirmed them via bank
statements, the Chamber stressed that it could not establish the purpose of the MYR
55,100 payment dated 17 December 2023, as it only referenced “claims”. Therefore, the
Chamber considered that the Club failed to prove that this payment was made for the
signing fee or December 2023 allowances.
47. However, the Chamber noted that the proof of payment dated 21 December 2023 did
include the reference “signing fee”. Although the Player’s bank statement does not display
this reference, the Chamber highlighted that it also does not contain any reference at all.
Thus, the Chamber determined that this evidence submitted by the Player does not
demonstrate that the payment was made for a reason other than the signing fee, nor did
the Player provide an alternative explanation for the payment.
48. Given that the Club provided a proof of payment with the “signing fee” reference and the
Player confirmed the receipt, the Chamber was of the opinion that the burden of proof
shifted to the Player to demonstrate that the payment was ultimately for another purpose.
In the Chamber’s view, the Player has not met this burden by merely providing a bank
statement without any reference.
49. Similarly, the Chamber wished to emphasise that the fact the payment was made prior to
the due date does not invalidate its relevance to the signing fee. According to the Chamber,
the due date sets the latest permissible date for payment but does not preclude early
payment. Furthermore, the Chamber noted that there was no indication that the parties
agreed to a different signing fee than the one stipulated on 3 January 2023, which was to
be paid by the end of the First Contract.
50. Additionally, the Chamber found that the fact that the second payment included the
reference “signing fee” supports the argument that the MYR 55,100 payment was not for
the signing fee, as otherwise the Club would have included the same reference.
pg. 14
REF. FPSD-20601
51. Therefore, the Chamber concluded that the Club sufficiently discharged its burden of proof
to establish that it paid MYR 20,000 towards the signing fee on 21 December 2023.
52. While the Chamber considered that the MYR 20,000 paid by the Club shall be taken into
account, the MYR 55,100 shall not. Therefore, the Chamber concluded that the Club owed
the Player MYR 47,500 for the signing fee and MYR 7,630 in allowances. Since the First
Signing Fee Agreement did not specify that the fee was net, the Chamber stressed that it
could not award the amount as net.
b) Transportation allowances
53. In continuation, the Chamber recalled that the Club stated that, as of May 2024, the Player
was provided with a car for his use and, therefore, transportation allowances from that
date were no longer payable.
54. In this respect, the Chamber recalled that the relevant clause of the Second Contract
provided the following:
“iii. Car ( Worth RM 1,000.00 monthly ). A national car provide by the club. Any service by
the player and damage due to player negligence borne by the player”
55. Although the Chamber remarked that the clause is not entirely clear, the Chamber
interpreted that the Player was entitled either to MYR 1,000 per month or to a “national
car” provided by the Club. The Chamber found that this interpretation aligns with the Club’s
argument that, since the Player was allegedly provided with a car in May 2024, he was no
longer entitled to the allowance - implying he was entitled to it beforehand.
56. Notwithstanding the above, the Chamber underscored that it was still the Club’s burden to
prove, pursuant to art. 13 par. 5 of the Procedural Rules, that the Player was provided with
a car and thus not entitled to the monthly allowance. However, the Club only referred to
the relevant clause and failed to provide supporting evidence, such as an agreement or a
signed statement from the Player acknowledging receipt of the car.
57. Therefore, the Chamber considered that the Player shall be awarded MYR 1,000 per month
as requested. Given that the Second Contract did not specify that this amount was net, the
Chamber again decided to make no reference to “net” in its award.
c) Accommodation allowances
58. The Chamber then noted that the Club alleged that the Player is not entitled to several
accommodation allowances, as he underwent medical treatment in Zagreb (Croatia) for
several months and was therefore not in the country.
pg. 15
REF. FPSD-20601
59. At this point, the Chamber recalled that the relevant clause in the Second Contract provided
the following:
“ii. House / accommodation ( Worth RM 2,000.00 monthly ). Player have to find personally
a house and club will pay monthly to the player.”
60. In this regard, the Chamber interpreted that the Club was obliged to pay the Player MYR
2,000, and the Player was then responsible for paying his rent. However, the Chamber did
not find any provision stating that, if the Player had to undergo treatment abroad, the Club
would be exempt from paying this allowance.
61. The Chamber wished to highlight that the parties concluded the First Mutual Agreement
and the Second Mutual Agreement, and at no point did they establish that, during that
period, the Club would not pay the accommodation allowance. The Chamber also noted
that the parties explicitly stated that the Player would cover the transportation and medical
costs. Therefore, the Chamber found that they could have included a provision regarding
accommodation if that had been their intention. In the absence of any such provision, the
Chamber interpreted that the parties chose not to amend the terms of the Second
Contract, which was confirmed in the Second Mutual Agreement, stating that: “Apart from
the above, all other clauses in the Principal Agreement shall remain unchanged, in full force and
binding to the parties”.
62. Moreover, the Chamber considered unreasonable that the Player would cancel his
accommodation for a temporary trip to Croatia while still under contract with the Club.
According to the Chamber, this was further confirmed by the fact that, in the Second
Mutual Agreement, the parties agreed that the Player would return on 31 December 2024.
Furthermore, the Club acknowledged that rent for the period from November 2024 to April
2025 was due.
63. Therefore, the Chamber found it evident that the Player maintained his accommodation,
and the accommodation allowance should have been paid by the Club.
64. Consequently, the Chamber considered that the Player shall be awarded MYR 2,000 per
month as requested, regardless of his absence from the country.
d) Rent deduction
65. Finally, the Chamber recalled that the Club argued it received a claim from the Player’s
landlord regarding unpaid rent and subsequently made a payment of MYR 4,600. In this
regard, the Chamber observed that the Club provided a letter referencing the Player, as
well as proof of payment, which indicates that the Club paid this amount to the alleged
landlord, specifying that the payment was for the Player’s rent.
pg. 16
REF. FPSD-20601
66. In this instance, again, the Player did not dispute the facts but maintained his claims
regarding the accommodation allowances. However, the Chamber considered that this
time the Club has provided sufficient evidence, and it was incumbent upon the Player to
challenge it. The Player did not dispute that the individual was his landlord, nor did he
contest the alleged rent debt (which aligns with the Club’s non-payment) or the Club’s
payment.
67. The Chamber further recalled that, according to the Second Contract, the Club was obliged
to pay the Player, and the Player was responsible for paying his rent. Given that this
evidence was undisputed, the Chamber decided to consider that the Club paid this amount
on behalf of the Player. As such, the Chamber considered that this payment should be
deducted from the oldest outstanding allowance debts, which corresponds to December
2023.
e) Conclusion
68. Based on the above analysis, the Chamber decided that only the deductions of MYR 20,000
corresponding to the signing fee and MYR 4,600 corresponding to the rent shall be
enforced. The Chamber determined that the amount of MYR 20,000 should be deducted
from the MYR 67,500 requested by the Player as a signing fee, and the amount of MYR
4,600 should be deducted from the MYR 7,630 requested for December 2023, i.e., the
oldest debts for allowances. However, the Chamber stressed that the Club must pay
interest on the amount of MYR 4,600 from the due date until the date of payment of the
rent.
69. Furthermore, the Chamber decided that: (i) the Club must pay interest at a rate of 5% per
annum on each outstanding amount, as from the day following each due date until the day
of effective payment; and (ii) “net” shall be referenced in the decision exclusively where
specified in the relevant contract.
70. Lastly, the Chamber recalled that the Player requested that the Club be ordered to pay all
the relevant taxes or to provide him with the corresponding tax certificates related to the
payment of all obligations. However, the Chamber considered that there is no contractual
basis for such requests and, therefore, decided to reject that part of the claim.
ii. Art. 12bis of the Regulations
71. The Chamber then referred to art.12bis par. 2 of the Regulations, which stipulates that any
club found to have delayed a due payment for more than 30 days without a prima facie
contractual basis may be sanctioned, in accordance with art. 12bis par. 4 of the Regulations.
72. To this end, the Chamber confirmed that the Claimant put the Respondent in default of
payment of the amounts sought, which had fallen due for more than 30 days, and granted
the Respondent with at least 10 days to cure such breach of contract.
pg. 17
REF. FPSD-20601
73. Accordingly, the Chamber also confirmed that the Respondent had delayed a due payment
without a prima facie contractual basis. It followed that the criteria enshrined in art. 12bis
of the Regulations were met in the case at hand.
74. The Chamber further established that, by virtue of art. 12bis par. 4 of the Regulations the
Chamber has competence to impose sanctions on the club. On account of the above, and
bearing in mind that this is the eighth offense by the Respondent within the last two years,
the Chamber decided to impose a fine of USD 52,500 on the Respondent in accordance
with art. 12bis par. 4 lit. c) of the Regulations.
75. The Chamber also highlighted that a repeated offence will be considered as an aggravating
circumstance and lead to more severe penalty, in accordance with art. 12bis par. 6 of the
Regulations.
iii. Compliance with monetary decisions
76. 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.
77. 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.
78. 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.
79. 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.
80. 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. 18
REF. FPSD-20601
d. Costs
81. 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.
82. 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.
83. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 19
REF. FPSD-20601
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Ivan Mamut, is partially accepted.
2.
The Respondent, Terengganu FC, must pay to the Claimant the following amounts:
- 5% interest p.a. over the amount of MYR 4,600 as from 1 January 2024 until 16 April 2025;
- MYR 720,630 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of MYR 3,030 net as from 1 January 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 3,000 net as from 1 March 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 3,000 net as from 1 April 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 1,000 net as from 1 May 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 20,000 net as from 1 June 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 22,550 net as from 8 June 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 20,000 net as from 1 July 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 40,000 net as from 1 August 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 40,000 net as from 1 September 2024 until
the date of effective payment;
- 5% interest p.a. over the amount of MYR 40,000 net as from 1 October 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 22,550 net as from 8 October 2024 until the
date of effective payment;
pg. 20
REF. FPSD-20601
- 5% interest p.a. over the amount of MYR 40,000 net as from 1 November 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 40,000 net as from 1 December 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 40,000 net as from 1 January 2025 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 22,550 net as from 2 January 2025 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 40,000 net as from 1 February 2025 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 22,550 net as from 2 February 2025 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 45,100 net as from 8 February 2025 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 40,000 net as from 1 March 2025 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 45,100 net as from 8 March 2025 until the
date of effective payment;
- 5% interest p.a. over the amount of MYR 40,000 net as from 1 April 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 45,100 net as from 8 April 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 40,000 net as from 1 May 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 45,100 net as from 8 May 2025 until the date
of effective payment;
- MYR 129,500 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of MYR 47,500 as from 1 January 2024 until the date
of effective payment;
pg. 21
REF. FPSD-20601
- 5% interest p.a. over the amount of MYR 50,000 as from 2 February 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 1,000 as from 1 June 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of MYR 1,000 as from 1 July 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of MYR 3,000 as from 1 August 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of MYR 3,000 as from 1 September 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 3,000 as from 1 October 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 3,000 as from 1 November 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 3,000 as from 1 December 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 3,000 as from 1 January 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of MYR 3,000 as from 1 February 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of MYR 3,000 as from 1 March 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of MYR 3,000 as from 1 April 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of MYR 3,000 as from 1 May 2025 until the date of
effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A fine in the amount of USD 52,500 is imposed on the Respondent, which must be paid
to FIFA within 30 days of notification of this decision. Such fine must be paid to the
following bank account with a clear reference to the case FPSD-20601:
pg. 22
REF. FPSD-20601
UBS Zurich
Account number 230-366677.61N (FIFA Players’ Status)
Clearing number 230
IBAN: CH12 0023 0230 3666 7761 N
SWIFT: UBSWCHZH80A
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 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 in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 23
REF. FPSD-20601
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. 24