Labour Disputes
Texto da decisão
REF. FPSD-22437
Decision of the
Dispute Resolution Chamber
passed on 12 March 2026
regarding an employment-related dispute concerning the player Visar Bekaj
COMPOSITION:
Martín AULETTA (Argentina), Deputy Chairperson
Sihon GAUCI (Malta), Member
Iñigo RIESTRA (Mexico), Member
CLAIMANT:
Visar Bekaj, Kosovo
Represented by Armend Kelmendi
RESPONDENT:
Atakas Hatayspor, Türkiye
pg. 2
REF. FPSD-22437
I. Facts of the case
1.
On 12 July 2023, the player from Kosovo Visar Bekaj (hereinafter: the Claimant or the Player)
and the Turkish club Atakas Hatayspor (hereinafter: the Respondent or the Club) concluded
an employment contract (hereinafter: the Contract) valid as from its date of signature until
30 June 2026.
2.
In accordance with the Contract, the Respondent undertook to pay the Claimant as follows,
quoted verbatim:
“[…] 1. FOR THE 2023/2024 SEASON;
A. In total, a net warranty fee of 150,000.00 EUR (One Hundred Fifty Thousand Euros) will be
paid to the Player.
As Advance Payment 30,000.00 EUR will be paid at the signature date of this contract.
As Balance fee the player will be paid net 120,000.00 EUR in the following terms:
31.08.2023
30.09.2023
31.10.2023
30.11.2023
31.12.2023
31.01.2024
29.02.2024
31.03.2024
30.04.2024
31.05.2024
12,000.00 EUR
12,000.00 EUR
12,000.00 EUR
12,000.00 EUR
12,000.00 EUR
12,000.00 EUR
12,000.00 EUR
12,000.00 EUR
12,000.00 EUR
12,000.00 EUR
B. There will not be an additional per match payment to the player.
C. CONTINGENT PAYMENTS
a. In the 2023/2024 season, if the player plays in 25 matches of official league competition (in
the first 11), a total of 25,000.00 EUR (Twenty Five Thousand Euros) will be paid. Matches in
which the player is sent off from the game due to red card and matches not completed are not
included in the match calculation under this article.
b. In the 2023/2024 season, if the club finishes first in the top category league, the player will be
entitled to get a bonus of net 50,000.00 EUR (Fifty Thohusand Euros).
pg. 3
REF. FPSD-22437
c. In the 2023/2024 season, if the club qualifies to the group stage of UEFA Europa League at the
end of the season the player will be entitled to get a bonus of net 30,000.00 EUR (Thirty Thousand
Euros).
d. In the 2023/2024 season, if the club qualifies to the group stage of UEFA Europe Conference
League at the end of the season the player will be entitled to get a bonus of net 20,000.00 EUR
(Twenty Thousand Euros).
e. In the 2023/2024 season, if the club wins the Ziraat Turkish Cup, the player will be entitled to
get a bonus of net 20,000.00 EUR (Twenty Thousand Euros).
f. All payments subject to these conditions will be paid to Player by the Club, within 60 days
following the last official league match of the relevant season, provided that this agreement is
in force on the date of success and the relevant success. In the event of early termination and/or
termination of this Agreement for any reason, the Player shall not claim any receivables
regarding the successes that will occur after the termination date.
2. FOR THE 2024/2025 SEASON;
If the player plays in 25 matches of official league competition (in the first 11) in the 2023/2024
season, his total guaranteed fee for the following year will be increased by 25% to net 187,500.00
EUR. If this condition is not fulfilled, the total guaranteed fee for the 2024/2025 season will be
net 165,000.00 EUR, an increase of 10%. The amount of the guaranteed fee to be paid to the
Player will be determined depending on the realisation of the above condition.
a. If a total guarantee of net is 187,500.00 EUR, 187,500.00 EUR will be paid monthly on the last
day of each month for 10 months.
b. If a total guarantee of net is 165,000.00 EUR, 165,000.00 EUR will be paid monthly on the last
day of each month for 10 months.
B. There will not be an additional per match payment to the player.
C. CONTINGENT PAYMENTS
a. In the 2024/2025 season, if the player plays in 25 matches of official league competition (in
the first 11), a total of 25,000.00 EUR (Twenty Five Thousand Euros) will be paid. Matches in
which the player is sent off from the game due to red card and matches not completed are not
included in the match calculation under this article.
b. In the 2024/2025 season, if the club finishes first in the top category league, the player will be
entitled to get a bonus of net 50,000.00 EUR (Fifty Thohusand Euros).
pg. 4
REF. FPSD-22437
c. In the 2024/2025 season, if the club qualifies to the group stage of UEFA Europa League at the
end of the season the player will be entitled to get a bonus of net 30,000.00 EUR (Thirty Thousand
Euros).
d. In the 2024/2025 season, if the club qualifies to the group stage of UEFA Europe Conference
League at the end of the season the player will be entitled to get a bonus of net 20,000.00 EUR
(Twenty Thousand Euros).
e. In the 2024/2025 season, if the club wins the Ziraat Turkish Cup, the player will be entitled to
get a bonus of net 20,000.00 EUR (Twenty Thousand Euros).
f. All payments subject to these conditions will be paid to Player by the Club, within 60 days
following the last official league match of the relevant season, provided that this agreement is
in force on the date of success and the relevant success. In the event of early termination and/or
termination of this Agreement for any reason, the Player shall not claim any receivables
regarding the successes that will occur after the termination date.
3. FOR THE 2025/2026 SEASON;
The guaranteed fee to be paid to the player in the 2025/2026 season will be the guarantee fee
paid in the 2024/2025 season increased by 10%. This amount will be paid monthly on the last
day of each month for 10 months.
A. There will not be an additional per match payment to the player.
B. CONTINGENT PAYMENTS
a. In the 2025/2026 season, if the player plays in 25 matches of official league competition (in
the first 11), a total of net 25,000.00 EUR (Twenty Five Thousand Euros) will be paid. Matches in
which the player is sent off from the game due to red card and matches not completed are
notincluded in the match calculation under this article. b. In the 2025/2026 season, if the club
finishes first in the top category, the player will be entitled to get a bonus of net 50,000.00 EUR
(Fifty Thohusand Euros).
c. In the 2025/2026 season, if the club qualifies to the group stage of UEFA Europa League at the
end of the season the player will be entitled to get a bonus of net 30,000.00 EUR (Thirty Thousand
Euros).
d. In the 2025/2026 season, if the club qualifies to the group stage of UEFA Europe Conference
League at the end of the season the player will be entitled to get a bonus of net 20,000.00 EUR
(Twenty Thousand Euros).
e. In the 2025/2026 season, if the club wins the Ziraat Turkish Cup, the player will be entitled to
get a bonus of net 20,000.00 EUR (Twenty Thousand Euros).
pg. 5
REF. FPSD-22437
f. All payments subject to these conditions will be paid to Player by the Club, within 60 days
following the last official league match of the relevant season, provided that this agreement is
in force on the date of success and the relevant success. In the event of early termination and/or
termination of this Agreement for any reason, the Player shall not claim any receivables
regarding the successes that will occur after the termination date.
FRINGE BENEFITS (Valid for the whole contractual period)
The following fringe benefits will be provided to the player;
A. The Club will pay to the Player net 8,000.00 EUR per year as house. All utility expenses
(electricity, telephone, water etc.) will be paid by the Player.
B. The Club will provide the Player with a car for the duration of his contract. Other costs such
as traffic fines, fuel, etc. shall be paid by the Player.
1. Amounts determined under this Agreement are only net amounts and the Club is liable to pay
withholding taxes regarding these amounts. […]”
3.
On 3 October 2025, the Claimant put the Respondent in default and requested payment
within 15 days of EUR 53,750 net as outstanding amounts under the Contract, i.e., EUR
8,000 net as housing allowance, EUR 8,250 net as the monthly salary for May 2025, EUR
18,750 net as the monthly salary for August 2025 and EUR 18,750 net as the monthly salary
for September 2025.
4.
On 28 November 2025, the Claimant unilaterally terminated the Contract.
5.
On 26 January 2026, the Player signed an employment contract with the Albanian club
Tirana (hereinafter: Tirana) valid as from its date of signature until 31 May 2027.
Accordingly, the Player is entitled to the following remuneration, quoted verbatim:
“[…] 7.1 The Player shall be paid monthly by EUR 1,000.00 (one thousand) net.
7. 1. 1. The signing fee in the total amount of EUR 160,000.00 (one hundred and sixty thousand)
net in the following instalments: EUR 55,000.00 net shall be paid by the Club to the Player upon
signing the Contract, and the remaining amount of EUR 118,000.00 net of the total shall be paid
in 10 (ten) equal monthly instalments, no later than the 5th of each month, starting from August
2026 until May 2027 (inclusive).
The Parties agree that the signing fee and the respective installments are an integral part of the
Player's contractual remuneration and do not depend on the sporting activity, the number of
matches or minutes played, and are not conditioned by technical or organizational decisions of
the Club.
7.1.2 The Player will benefit from a EUR 300 net rental bonus paid monthly with the salary
throughout the entire period of this contract. […]”
pg. 6
REF. FPSD-22437
II. Proceedings before FIFA
6.
On 23 December 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
7.
In its claim, the Player argued that he terminated the Contract with just cause due to
outstanding remuneration.
8.
In this respect, the Player argued that on 28 November 2025, i.e., the date of termination
of his employment relationship with the Club, his outstanding remuneration under the
Contract amounted to EUR 44,300 net corresponding to EUR 8,000 as housing allowance,
EUR 18,150 net as the monthly salary for September 2025 and EUR 18,150 net as the
monthly salary for October 2025.
9.
The Claimant’s requests for relief were the following:
“1. Declare that the Claimant terminated the Contract with just cause.
2. Order the Respondent to pay outstanding remuneration of EUR 44,300 net.
3. Order the Respondent to pay compensation for breach of contract in the amount of EUR
127,050 net.
4. Order interest at 5% per annum on all outstanding amounts.
5. Order the Respondent to contribute EUR 5,000 toward the Claimant's legal and representation
costs.
6. Order the Respondent to bear the procedural costs of the present proceedings, and to
contribute to the Claimant's legal fees in the amount of EUR 5,000, or such other amount as the
deciding body deems appropriate; and,
7. Grant any further relief deemed just and equitable.”
b. Reply of the Respondent
10. In its reply, the Respondent argued that the Player is only entitled to EUR 3,309.58 as the
pro rata housing allowance and that his compensation for the breach of the Contract must
be mitigated.
pg. 7
REF. FPSD-22437
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
11. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or the 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 23 December 2025 and submitted for decision
on 12 March 2026. Taking into account the wording of arts. 32 and 35 of the January 2026
edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural
Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at
hand.
12. 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
an player from Kosovo and a club from Türkiye.
13. 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
14. 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
15. 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.
pg. 8
REF. FPSD-22437
i. Main legal discussion and considerations
16. The Chamber then moved to the substance of the matter, and took note that, according to
the Claimant, he terminated the Contract with just cause due to outstanding remuneration.
17. In addition, the Chamber took note that, according to the Respondent, the Claimant is only
entitled to EUR 3,309.58 as the pro rata housing allowance and that his compensation for
the breach of the Contract must be mitigated.
18. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled.
19. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails to pay a player at least two monthly salaries
on their due dates, the player will be deemed to have a just cause to terminate his contract,
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to fully comply with its financial obligation(s).
20. In the present matter, the Chamber pointed out that, according to the default notice sent
by the Player to the Cub on 3 October 2025, his outstanding remuneration under the
Contract included his full monthly salaries for August and September 2025. Furthermore,
the Chamber recalled that the Claimant terminated the Contract on 28 November 2025,
i.e., at least 15 days after having put the Respondent in default.
21. In continuation, the Chamber noted that, in the case at hand, the Respondent bore the
burden of proving that it indeed complied with the financial terms of the Contract
concluded with the Claimant. Nonetheless, the Chamber underlined that the Respondent
failed to provide any evidence to prove the payment of the amounts claimed as
outstanding by the Claimant.
22. Thus, the Chamber concluded that the Claimant had a just cause to unilaterally terminate
the Contract, based on art. 14bis of the Regulations.
ii. Consequences
23. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
24. The Chamber observed that the Player’s outstanding remuneration under the Contract at
the time of its termination, coupled with the specific requests for relief of the Player, is
equivalent to the monthly salaries for September and October 2025.
pg. 9
REF. FPSD-22437
25. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant the amounts
which were outstanding under the Contract at the moment of its termination, i.e., EUR
36,300 net.
26. In addition, 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 his outstanding remuneration as follows:
•
Over the amount of EUR 18,150 net as from 1 October 2025 until the date of
effective payment; and
•
Over the amount of EUR 18,150 net as from 1 November 2025 until the date of
effective payment.
27. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by the Respondent in the case at stake. In doing so, the Chamber
firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the amount
of compensation shall be calculated, in particular and unless otherwise provided for in the
contract at the basis of the dispute, taking into account the damage suffered, according to
the “positive interest” principle, having regard for the individual facts and circumstances of
each case, and with due consideration for the law of the country concerned.
28. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
29. As a consequence, the Chamber determined that the amount of compensation payable by
the Club to the Player had to be assessed in application of the other parameters set out in
art. 17, par. 1 of the Regulations. In this respect, the Chamber recalled that, as a general
rule, the compensation to be paid to a player by a club shall be equal to the residual value
of the contract that was prematurely terminated, unless this player signed a new contract
following the termination of his previous contract (cf., art. 17 par. 1 lit. i) of the Regulations).
30. Bearing in mind the foregoing as well as the claim of the Claimant, the Chamber proceeded
with the calculation of the monies payable to the Claimant under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of EUR 135,050 net serves as the basis for the determination
of the amount of compensation for breach of contract, broken down as follows:
•
EUR 127,050 net as the monthly salaries from December 2025 to June 2026; and
pg. 10
REF. FPSD-22437
•
EUR 8,000 net as housing allowance for the season 2025/2026.
31. For the sake of completeness of its previous conclusion, the Chamber considered that, in
the absence of a due date in the Contract for the payment of the housing allowance, it
should be included in the compensation awarded to the Player for the breach of the
Contract, as a specific amount was contractually due per month and such allowance
formed part of the Claimant’s remuneration package, irrespective of whether he was in
Türkiye or not. In addition, the Chamber considered that, based on the Player’s requests
for relief and the legal principle ne ultra petita, the monthly salary for November 2025
should not be included in the compensation for the breach of the Contract.
32. In continuation, the Chamber verified as to whether the Claimant had signed an
employment contract with another club during the relevant period of time, by means of
which he would have been enabled to reduce his loss of income. According to the constant
practice of the DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration
under a new employment contract shall be taken into account in the calculation of the
amount of compensation for breach of contract in connection with the general obligation
to mitigate his damages.
33. In this respect, the Chamber noted that the Player found employment with Tirana, which
allowed him to mitigate his damages in the amount of EUR 61,751.61 net, i.e., the pro rata
monthly salary for January 2026, the monthly salaries from February to June 2026, the first
instalment of the sign on fee and the monthly housing allowances from 26 January 2026 to
30 June 2026.
34. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the termination
of the Contract took place due to said reason, i.e., overdue payables by the Respondent
and therefore decided that the Claimant shall receive additional compensation.
35. In this respect, the DRC decided to award the amount of additional compensation of EUR
54,450 net, i.e., three times the monthly remuneration of the Player under the Contract.
36. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Respondent must pay the amount of
EUR 127,748.39 net to the Claimant (i.e., EUR 135,050 net minus EUR 61,751.61 net plus
EUR 54,450 net), which was to be considered a reasonable and justified amount of
compensation for breach of contract in the present matter.
37. Lastly, 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
pg. 11
REF. FPSD-22437
on said compensation at the rate of 5% p.a. as from 28 November 2025 until the date of
effective payment.
iii. Compliance with monetary decisions
38. 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.
39. 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.
40. Notwithstanding the above, the Chamber wished to remark that in accordance with art. 24
par. 3 of the Regulations, the aforementioned consequences may be excluded where the
pertinent FIFA deciding body has already imposed on the same party a sporting sanction
on the basis of article 12bis, 17 or 18quater of the Regulations.
41. In this respect, the Chamber recalled that by means of a decision of the Football Tribunal
passed on 5 March 2026 and notified on 12 March 2026, a transfer ban has been imposed
on the Respondent pursuant to art. 17 par. 4 of the Regulations, namely in the case FPSD22205.
42. Accordingly, the Chamber established that, in casu, art. 24 par. 2 of the Regulations shall
not apply, insofar as in case the Respondent fails to comply with the decision at hand, the
application of a further ban from registering any new players on top of the one already
being served by the Respondent would be moot and against the spirit of the Regulations,
in particularly the enforcement mechanism established under art. 24 of the Regulations.
43. In view of the above, the Chamber decided that if the aforementioned sum plus interest is
not paid within 30 days of notification of this decision, the present matter shall be
submitted, upon request of the Claimant, to the FIFA Disciplinary Committee for its
consideration and formal decision.
44. 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.
pg. 12
REF. FPSD-22437
d. Costs
45. 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.
46. 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.
47. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 13
REF. FPSD-22437
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Visar Bekaj, is partially accepted.
2.
The Respondent, Atakas Hatayspor, must pay to the Claimant the following amounts:
- EUR 36,300 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 18,150 as from 1 October 2025 until the date
of effective payment; and
- 5% interest p.a. over the amount of EUR 18,150 as from 1 November 2025 until the
date of effective payment.
- EUR 127,748.39 net as compensation for breach of contract plus 5% interest p.a. as
from 28 November 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.
If full payment (including all applicable interest) is not made within 30 days of notification
of this decision, the present matter shall be submitted, upon request of the Claimant, to
the FIFA Disciplinary Committee.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 14
REF. FPSD-22437
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. 15