Labour Disputes
Texto da decisão
REF. FPSD-21696
Decision of the
Dispute Resolution Chamber
passed on 28 January 2026
regarding an employment-related dispute concerning the player
Oussema Bouguerra
BY:
Michele COLUCCI (Italy)
CLAIMANT:
Oussema Bouguerra, Tunisia
Represented by Fahmi Belhadj Mohamed
RESPONDENT:
Al Batin, Saudi Arabia
pg. 2
REF. FPSD-21696
I. Facts of the case
1.
On 29 January 2025, the Tunisian player, Oussema Bouguerra (hereinafter: the Player or the
Claimant) and the Saudi club, Al Batin (hereinafter: the Club or the Respondent) entered into
an employment agreement (hereinafter: the Contract) valid from 1 February 2025 until 30
June 2025, as per art. 4.1 of the Contract.
2.
Art. 5 of the Contract provided, quoted verbatim:
“Article 5. Remuneration
5.1 Fixed monthly remuneration
The Club shall pay the following fixed monthly remuneration to the Player (net of any taxes, bank
fees and foreign exchange charges):
Payment type
Currency
Amount
Monthly Salary
US Dollars
27000
The Club shall pay to the Player each monthly salary payment by the last day of each month for
a total of [TOTAL NUMBER OF MONTHS AS PER ART 4.1].
5.2 Fixed financial payments (Contract Advance Payment)
The Club shall pay the following fixed financial payments to the Player (net of any taxes, bank
fees and foreign exchange charges):
Payment type
Currency
Amount
Payment deadline (DD.MM.YYYY)
Contract signing bonus
US
Dollars
20000
Upon signing the contract
“
3.
On 12 October 2025, the Player, via his legal representative, wrote an email to the Club
requesting the payment of his late salaries of March, April, May and June 2025, as well as
the balance of the signing bonus for a total of USD 115,000 broken down as follows:
“-USD 7,000 as the outstanding balance of the signing bonus.
-USD 27,000 as salary for March 2025.
-USD 27,000 as salary for April 2025.
-USD 27,000 as salary for May 2025.
-USD 27,000 as salary for June 2025.”
4.
The Player granted the Club 48 hours to proceed with payment.
pg. 3
REF. FPSD-21696
II. Proceedings before FIFA
5.
On 2 November 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
6.
The Player claimed that the Club failed to pay him his monthly remuneration of March,
April, May and June 2025, as well as the balance of the signing bonus for a total of USD
115,000.
7.
The Player therefore made the following request for relief, quoted verbatim:
“In light of the above and in accordance with the FIFA Regulations on the Status and Transfer of
Players, the Player respectfully requests the FIFA Dispute Resolution Chamber (DRC) to:
1. Declare and rule that the FIFA DRC is competent to hear the present dispute between
Mr. Oussema Bouguerra and Al-Batin Club;
2. Declare and rule that the player’s claim is well-founded and order the following:
That Al-Batin Club be condemned to paythe player USD 115,000, representing
outstanding payments, plus annual interest of 5% as follows:
-USD 7,000 –balance of signing bonus, with 5% interest as from 1 February 2025
-USD 27,000 –March 2025 salary, with 5% interest as from 1 April 2025
-USD 27,000 –April 2025 salary, with 5% interest as from 1 May 2025
-USD 27,000 –June 2025 salary, with 5% interest as from 1 July 2025
3. Apply disciplinary sanctions provided for in Article 24bis RSTP in case of non-payment
within the prescribed deadline, notably a ban on registering new players, both at
national and international level.”
8.
After a request for clarification, the Player confirmed that the amount of USD 115,000
included:
“a) Remaining Signing-on Bonus
- Seven thousand dollars 7,000 USD — outstanding balance of the 20,000 USD signingon bonus, contractually due on 29/01/2025. The club paid only 13,000 USD.
pg. 4
REF. FPSD-21696
b) Outstanding Monthly Salaries (27,000 USD each): Salaries are contractually payable no later
than the last day of each month:
- Twenty-seven thousand dollars (27,000 USD) – March 2025 salary, due no later than
31/03/2025
- Twenty-seven thousand dollars (27,000 USD) – April 2025 salary, due no later than
30/04/2025
- Twenty-seven thousand dollars (27,000 USD) – May 2025 salary, due no later than
31/05/2025
- Twenty-seven thousand dollars (27,000 USD) – June 2025 salary, due no later than
30/06/2025.”
b. Position of the Club
9.
In its reply, the Club acknowledged that it owed the Player outstanding remuneration, but
challenged the Player’s calculation, saying that the total value of the Contract was
USD 128,000 of which the Club affirmed having paid only USD 40,000, leaving USD 88,000
as outstanding instead of the 115,000 claimed. As the Club mentioned that the sign-on fee
was a substitute to the monthly salary.
10. The Club stated that its non-payment was due to a force majeure situation, due to financial
difficulties out of its control.
11. The Club therefore made the following request for relief, quoted verbatim:
“REQUESTS FOR RELIEF
We kindly ask the FIFA DRC to:
1. To confirm and rule that the Player is entitled to the amount of 88,000$ only; and
2. To reject the Player’s request to apply a 5% interest rate per annum as a result of the evident
force majeure.”
pg. 5
REF. FPSD-21696
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
12. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 2 November 2025 and submitted
for decision on 28 January 2026. Taking into account the wording of arts. 31 and 34 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.
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 Dispute Resolution Chamber is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international dimension between
a Tunisian player and a Saudi club.
14. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he 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
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 he 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
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 he was going to refer only to the facts, arguments and documentary
evidence, which he considered pertinent for assessing the matter at hand.
pg. 6
REF. FPSD-21696
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
the parties dispute the amount of outstanding remuneration under the Contract.
18. The Club recognized having outstanding remuneration towards the Player, but contended
it was limited to USD 88,000 instead of the USD 115,000 claimed by the Player.
19. In this context, the Single Judge acknowledged that his task was to determine the amount
owed by the Club.
20. As per art. 4.1. of the Contract, the term was from 1 February 2025 until 30 June 2025, thus,
equivalent to 5 full months.
21. As per art. 5 of the Contract, the Player was entitled to a monthly salary of USD 27,000 and
to a sign-on fee of USD 20,000. As per the terms of the Contract, there was no provision
that supported the position of the Club to the effect that the signing bonus was a substitute
for a monthly remuneration. Following this position would mean that the Player would
have agreed to be paid less for the first month (February 2025) of the Contract, contrary to
the stipulations of the Contract.
22. In any event, and notwithstanding the absence of any contractual clause stating that the
signing bonus was a substitute for the first monthly salary, in case of ambiguity, the Single
Judge recalled the principle of contra proferentem, which provides that contracts should be
interpreted against their drafter.
23. In that sense, the Single Judge considered that the total value of the Contract was
USD 155,000 (USD 27,000 x 5 months) + (USD 20,000), contrary to the submission of the
Club.
24. As per the longstanding jurisprudence of the Football Tribunal, once a player claims that
salaries have not been paid, the burden of proof shifts onto the club to demonstrate that
the salaries were paid. In the present situation, despite alleging having paid one monthly
salary, the Single Judge noted that the Club did not provide any evidence to this effect, thus
not meeting its burden of proof under art. 13 par. 5 of the Procedural Rules.
25. Also, the Single Judge noted that, as per the longstanding jurisprudence of the Football
Tribunal, financial difficulties do not exempt clubs from complying with their financial
obligations. In that sense, the Single Judge awarded the Player the full amount claimed.
26. As for the interest, since the Player failed to include the salary of May 2025 in his initial
request for relief, and he only included it in his amended request, but without requesting
interest, the Single Judge decided not to award interest on this salary instalment as per the
principle of ne ultra petita.
pg. 7
REF. FPSD-21696
27. Regarding the rest of the amount claimed, the Single Judge decided to award the Player the
full amount claimed, and the requested interest at a rate of 5% p.a. from the following day
of the due date, as per the longstanding practice of the Football Tribunal coupled with the
specific request for relief of the Player as follows:
- USD 88,000 as outstanding remuneration + 5% interest p.a. as follows:
- 5% interest p.a. over the amount of USD 7,000 as from 1 February 2025;
- 5% interest p.a. over the amount of USD 27,000 as from 1 April 2025;
- 5% interest p.a. over the amount of USD 27,000 as from 1 May 2025; and
- 5% interest p.a. over the amount of USD 27,000 as from 1 July 2025.
- USD 27,000 as outstanding remuneration.
ii. Art. 12bis of the Regulations
28. The Single Judge 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.
29. To this end, the Single Judge confirmed that the Player put the Club in default of payment
of the amounts sought, which had fallen due for more than 30 days, but the Single Judge
also noted that the Player failed to grant the Club with at least 10 days to cure such breach
of contract, i.e., the Player only granted the Club 48 hours to comply with its obligations,
and therefore the Single Judge decided not to impose sanctions.
iii. Compliance with monetary decisions
30. 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.
31. 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.
32. 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
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.
pg. 8
REF. FPSD-21696
33. 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.
34. 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
35. 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.
36. 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.
37. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 9
REF. FPSD-21696
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Player, Oussema Bouguerra, is accepted.
2.
The Club, Al Batin, must pay to the Player the following amount(s):
- USD 27,000 as outstanding remuneration;
- USD 88,000 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount USD 7,000 of as from 1 February 2025 until the date of
effective payment;
- 5% interest p.a. over the amount USD 27,000 of as from 1 April 2025 until the date of
effective payment;
- 5% interest p.a. over the amount USD 27,000 of as from 1 May 2025 until the date of
effective payment; and
- 5% interest p.a. over the amount USD 27,000 of as from 1 July 2025 until the date of
effective payment.
3.
Any further claims of the Player 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 Player 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
pg. 10
REF. FPSD-21696
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
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396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 11