Labour Disputes
Texto da decisão
REF. FPSD-20776
Decision of the
Dispute Resolution Chamber
passed on 20 November 2025
regarding an employment-related dispute concerning the player Papa
Alioune Ndiaye
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Dana MOHAMED AL-NOAIMI (Qatar), Member
Peter LUKASEK (Slovakia), Member
CLAIMANT:
Papa Alioune Ndiaye, Senegal
Represented by Yakub Kizilkaya
RESPONDENT:
PENDİKSPOR FUTBOL A.Ş., Türkiye
Represented by Ercan Sevdimbaş
pg. 2
REF. FPSD-20776
I. Facts of the case
1.
On 5 February 2024, the Senegalese player, Papa Alioune Ndiaye (hereinafter: the Player or
the Claimant), and the Turkish club, Pendikspor Futbol A.S. (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
5 February 2024 until 30 June 2024.
2.
According to clause 3 of the Contract, the Player was entitled to the following net amounts:
“For 2023/2024 football season:
Monthly salaries: 350,000 Euro NET total will be paid in five equal instalments as follows:
- 70,000,- Euro NET no later than on 15.03.2024
- 70,000,- Euro NET no later than on 15.04.2024
- 70,000,- Euro NET no later than on 15.05.2024
- 70,000,- Euro NET no later than on 15.06.2024
- 70,000,- Euro NET no later than on 15.07.2024.”
3.
On 21 May 2024, the parties signed a protocol (hereinafter: the Agreement) and agreed on
the following:
“The parties have agreed that the Player has a salary receivable of 310.000-EURO arising from
The Professional Player Contract registered with the TFF. Of the said salary, 155.000-EURO
will be paid to the Player on 01.07.2024 and 155.000-EURO will be paid to the Player on
10.08.2024 by the Club via bank. Thus, the Player accepts, declares and undertakes that the
maturities of the salary receivables arising from the contract between the parties have been
changed and transferred to this Protocol. Thus, the parties agree that the Player has no right
of claim regarding the salary terms determined in the Professional Player Contract which is
registered by the TFF. However, after the salary payments are paid to the Player on the due
dates agreed in this protocol, the Player accepts, declares and undertakes that the Player has
no further receivables from the Club and that the Player releases the Club in the broadest
sense.”
II. Proceedings before FIFA
4.
On 10 September 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
5.
The Player lodged the present claim with FIFA for overdue payables arising from the
Contract.
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REF. FPSD-20776
6.
The Player alleged that the Club has not paid any of the salaries agreed upon in the
Contract and requested the following relief:
“Order that the Respondent has to pay the overdue and unpaid amount of 350,000 Euros NET
with its interest 5% per year from the due date of each payment (which are given below) until
the effective payment date:
Amount:
70,000 Euros NET
70,000 Euros NET
70,000 Euros NET
70,000 Euros NET
70,000 Euros NET
Due Date:
15th March 2024
15th April 2024
15th May 2024
15th June 2024
15th July 2024.”
b. Reply of the Respondent
7.
In its reply, the Club provided a copy of the Agreement and alleged that the Player was only
entitled to EUR 310,000 and not EUR 350,000 as claimed.
8.
In this regard, the Club requested that the DRC reject any claim for the excess amount.
c. Final Comments of the Claimant
9.
In view of the Agreement provided by the Club, the Player reduced the requested amount
to the amount agreed upon in the Agreement, i.e. EUR 310,000 net. In particular, the Player
requested the following amounts plus 5% interest:
-
EUR 155,000 net due on 1 July 2024 ;
-
EUR 155,000 net due on 10 August 2024.
pg. 4
REF. FPSD-20776
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
10. 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 10 September 2025 and submitted for
decision on 20 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.
11. 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 Senegalese player and a Turkish club.
12. 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
13. 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
14. 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-20776
i. Main legal discussion and considerations
15. The Chamber then proceeded to examine the substance of the matter and noted that the
parties were in disagreement regarding the amount still outstanding under their
employment relationship.
16. The Chamber noted that the Player initially claimed the amount of EUR 350,000 net based
on the Contract. However, the Club contested this figure, asserting that pursuant to the
Agreement, the amount due was limited to EUR 310,000.
17. In view of the Club’s position, the Chamber observed that the Player agreed and modified
his request for relief, claiming EUR 310,000 arising from the Agreement.
18. In light of the foregoing and in accordance with the principle of pacta sunt servanda, the
Chamber decided to award the Player the amount of EUR 310,000 net arising from the
Agreement.
19. In addition, the Chamber held that the Agreement was a continuation of the Contract and
consequently decided to award the amount on a net basis, as established in the Contract
and requested by the Player.
20. Finally, taking into consideration the Claimant’s request as well as the constant practice of
the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
at the rate of 5% p.a. on the outstanding amounts as follows:
-
5% interest p.a. over the amount of EUR 155,000 as from 2 July 2024;
5% interest p.a. over the amount of EUR 155,000 as from 11 August 2024.
ii. Compliance with monetary decisions
21. 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.
22. 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.
23. 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
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REF. FPSD-20776
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.
24. 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.
25. 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
26. 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.
27. 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.
28. 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-20776
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Papa Alioune Ndiaye, is partially accepted.
2.
The Respondent, PENDİKSPOR FUTBOL A.Ş., must pay to the Claimant the following
amount:
- EUR 310,000 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 155,000 as from 2 July 2024;
- 5% interest p.a. over the amount of EUR 155,000 as from 11 August 2024.
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.
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-20776
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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