Labour Disputes
Texto da decisão
REF. FPSD-21530
Decision of the
Dispute Resolution Chamber
passed on 28 November 2025
regarding an employment-related dispute concerning the player Rafael
Sabino Dos Santos
BY:
Stella MARIS JUNCOS, Argentina
CLAIMANT:
Rafael Sabino Dos Santos, Brazil
RESPONDENT:
Kyzylzhar, Kazakhstan
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REF. FPSD-21530
I. Facts of the case
1.
On 16 January 2024, the Brazilian player Rafael Sabino Dos Santos (hereinafter: the Player
or the Claimant) and the Kazakh club Kyzylzhar (hereinafter: the Club or the Respondent)
entered into an employment contract (hereinafter: the Employment Contract) valid from the
date of signature until 15 November 2024.
2.
Clause 3 of the Employment Contract provided the following, quoted verbatim:
“3. REMUNERATION
3.1. Monthly remuneration of the [Player] under this Employment Contract from «16»
January 2024 shall be 2 760 000 (two million seven hundred sixty thousand) tenge (net),
which do not include taxes and any other mandatory payments to budget of the Republic
of Kazakhstan.
3.2. Monthly remuneration of the [Player] under this Employment Contract from «01»
January 2025 and till the expiry of this Employment Contract shall be 4 600 000 (four
million six hundred thousand) tenge (net), which do not include taxes and any other
mandatory payments to budget of the Republic of Kazakhstan.
3.2. (sic) All taxes and other mandatory payments to budget of the Republic of
Kazakhstan payable from amount of remuneration under the present Employment
Contract of the [Player] in the Republic of Kazakhstan and in accordance with laws of the
Republic of Kazakhstan shall be paid by the [Club], taxes, and other payments to the
budget outside the territory of the Republic of Kazakhstan shall be paid by the Employee
independently.
3.3. The procedure, terms and amount of bonus payments and other material incentives
to the [Player] for individual achievements is determined by the Internal Regulation of
the [Club].
3.4. Payment of downtime due to the fault of the [Club] shall be 100% (one hundred
percent) of the basic salary of the [Player] and shall be paid within the time stipulated by
laws of the Republic of Kazakhstan.
3.5. Payment of downtime for reasons beyond the control of the [Club] and the [Player]
shall be 50% (filly percent) of the basic salary of the [Player] and paid within the time
periods stipulated by laws of the Republic of Kazakhstan.
3.6. In the event the [Club]’s football team passes to a higher or lower football Ieague, the
Parties may, by mutual agreement, revise the work conditions stipulated by this
Employment Contract, subject to the requirements of the labor law of the Republic of
Kazakhstan. At the same time, a review of work conditions shall not apply in cases where
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REF. FPSD-21530
the footballer plays for the second team of the [Club] for the purposes of recovering from
an injury and regaining his sporting fitness, subject to absence of his direct fault.
3.7. The basic monthly salary and personal allowance are paid at least once a month by
money transfer in the national currency of the Republic of Kazakhstan to the bank
account of the [Player], not Jater than the 25th day following the settlement month.”
3.
On the same date, 16 January 2024, the parties signed a “Collateral Agreement”
(hereinafter: the Collateral Agreement), whereby they agreed upon additional payments by
the Club to the Player, such as the following:
“1. The [Club] assigns a one-time personal bonus to the [Player] for signing an
employment contract in the amount of 10,000,000 (ten million) tenge, with / without
deduction (underline as appropriate) with payment of the first part in amount 5,000,000
(five million) until May 01, 2024, and with the payment of the second part in amount of
5,000,000 (five million) tenge until April 1, 2025.”
II. Proceedings before FIFA
4.
On 15 July 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Player
5.
The Player argued that the Club failed to pay him a bonus under the Collateral Agreement
in the total amount of KZT 10,000,000 net. He requested to be awarded this amount in
addition to 15.25% interest p.a., in accordance with the Kazakh Labour Code.
6.
The Player submitted the following relief, quoted verbatim:
“In view of all the above factual and legal arguments, the Claimant, Mr Rafael Sabino Dos
Santos hereby respectfully requests the FIFA FOOTBALL TRIBUNAL and its DISPUTE
RESOLUTION CHAMBER to:
a.
accept the Statement of Claim of the Claimant, Mr Rafael Sabino Dos Santos, in full.
b.
condemn the Respondent, FC Kyzylzhar, to pay the Claimant, Mr Rafael Sabino Dos
Santos, the following amounts:
-
KZT 10 000 000 (four million five hundred thousand) tenge (net) as bonus (a one-time
personal bonus)
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REF. FPSD-21530
c.
condemn the Respondent, FC Kyzylzhar, to pay the Claimant, Mr Rafael Sabino Dos
Santos, a penalty (interest) at the rate of 15,25% p. a. from each due amount.”
b. Position of the Club
7.
On 8 November 2025, the Club replied to the Player’s claim.
8.
The Club explained that a change in its presidency on 26 March 2024 caused administrative
disruptions. It added that the Collateral Agreement was never registered either in the FIFA
Transfer Matching System (TMS) or the with the Kazakh football authorities (PFLK/KFF).
9.
The Club argued that the Collateral Agreement was not employment-related and therefore
should not be protected within the scope of contractual stability. As such, it stressed that
the Player should not be entitled to the signing bonus because this amount did not
constitute salaries.
10. The Club requested that the FIFA Dispute Resolution Chamber (DRC) deny the Player’s claim
“in full”.
11. Together with its reply, the Club submitted a copy of the Contract and excerpts of the
Kazakh Labour Code.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
12. First of all, the Single Judge of the DRC (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 23 October 2025 and submitted for decision on 28
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.
13. 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), the DRC is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Brazilian player
and a Kazakh club.
14. 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
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REF. FPSD-21530
the Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
15. 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 TMS.
c. Merits of the dispute
16. 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.
i. Main legal discussion and considerations
17. The Single Judge then moved to the substance of the matter and took note of the fact that
it concerned a claim for overdue payables brought by player against a club.
18. The Single Judge noted that the Player asserted that the Employment Contract and the
Collateral Agreement were duly signed by both parties and submitted as evidence. The
Club, however, denied the validity of the Collateral Agreement, claiming it was not
registered with the Kazakh football authorities, and was absent from FIFA’s Connect and
TMS systems, which in its view confirmed that it had no legal force.
19. Regarding the payment obligation, the Single Judge noted that the Player asserted
entitlement to the signing bonus, which the Club disputed on the grounds that this amount
was not classified as “salary” and therefore did not benefit from the protections of
contractual stability.
20. In this context, the Single Judge recognised that her task was to establish whether the
Player was entitled to the amounts sought.
21. Accordingly, the Single Judge first noted that the Player produced signed versions of all
relevant agreements, which appeared consistent and coherent. Contrary to what the Club
attempted to portray, the Single Judge found that the Club’s internal reorganization and
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REF. FPSD-21530
related administrative difficulties could not be held against the Player. Indeed, the Single
Judge pointed out that it was the Club’s responsibility to exercise due diligence and
maintain proper records of the documents it executed. Likewise, the absence of
registration cannot be held against the Player, particularly as this largely falls within the
Club’s sphere of control.
22. In the existence of the signed contracts, the Single Judge determined that it was incumbent
upon the Club to dispute the Player’s entitlement with substantive counterevidence or to
demonstrate that it had fully discharged its payment obligations. However, the Single Judge
concluded that the Club failed to do so.
23. Furthermore, the Single Judge emphasized that the Club’s argument regarding the nature
of the payment – whether salary or signing bonus – was unfounded, as it did not negate
the underlying payment obligation.
24. In light of the foregoing, the Single Judge ordered that the Club’s defense be dismissed. As
such, the Single Judge established that the Player is entitled to the amount claimed, namely
KZT 10,000,000 net.
25. Regarding interest, the Single Judge determined that the Collateral Agreement did not
reference national law or specify an interest calculation method. Accordingly, the Single
Judge awarded the Player default interest at a rate of 5% per annum, calculated from the
respective due dates, as follows:
•
KZT 5,000,000 net plus 5% interest p.a. as from 2 May 2024; and
•
KZT 5,000,000 net plus 5% interest p.a. as from 2 April 2025.
ii. Compliance with monetary decisions
26. 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.
27. 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.
28. Therefore, bearing in mind the above, the Single Judge decided that the Club must pay the
full amount due (including all applicable interest) to the Player within 45 days of notification
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REF. FPSD-21530
of the decision, failing which, at the request of the Player, 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 Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
29. The Club shall make full payment (including all applicable interest) to the bank account
provided by the Player in the Bank Account Registration Form, which is attached to the
present decision.
30. The Single Judge recalled that the above-mentioned ban will be lifted immediately and prior
to its complete serving upon payment of the due amounts, in accordance with art. 24 par.
8 of the Regulations.
d. Costs
31. 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.
32. 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.
33. Lastly, the Single Judge concluded her deliberations by rejecting any other requests for
relief made by any of the parties.
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REF. FPSD-21530
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Rafael Sabino Dos Santos, is partially accepted.
2.
The Respondent, Kyzylzhar, must pay to the Claimant the following amount(s):
- KZT 5,000,000 net as outstanding remuneration plus 5% interest p.a. as from 2 May
2024 until the date of effective payment; and
- KZT 5,000,000 net as outstanding remuneration plus 5% interest p.a. as from 2 April
2025 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.
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-21530
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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