DRC Overdue Payables
Texto da decisão
REF. FPSD-18869
Decision of the
Dispute Resolution Chamber
passed on 20 May 2025
regarding an employment-related dispute concerning the player Ivan
Khomukha
BY:
Alejandro ATILIO TARABORELLI (Argentina & Italy)
CLAIMANT:
Ivan Khomukha, Russia
Represented by Danila Smolski
RESPONDENT:
Turan, Kazakhstan
pg. 2
REF. FPSD-18869
I. Facts of the case
1.
On an unspecified date, the Russian player, Ivan Khomukha (hereinafter: the Player or the
Claimant), and the Kazakhstani club, Turan (hereinafter: the Club or the Respondent) entered
into an employment contract (hereinafter: the Contract) valid as from 26 July 2024 until 22
November 2024.
2.
According to clause 3 of the Contract, the Player was entitled to a monthly net salary of KTZ
2,000,000 paid “no later than the second decade of the following month”.
3.
According to clause 5.2 of the Contract, the Player was entitled to “paid annual leave of 28
calendar days.” Specifically, clause 5.2 read as follows:
“The Employer provides the Employee with basic paid annual leave of 28 (twenty- eight)
calendar days. By agreement between the Parties, paid annual leave may be divided into
parts. In this case, one of the parts of paid labor leave must be at least two calendar weeks
of the duration of the leave provided for in this paragraph.”
4.
5.
On 26 March 2025, the Claimant sent a default notice to the Club requesting the following
amounts:
•
KZT 2,000,000 for the salary of November 2024 plus 5% interest as from the due
date until the date of effective payment;
•
KZT 1,806,451 corresponding to the “amount paid annual leave” plus 5% interest as
from the due date until the date of effective payment.
The Claimant gave a deadline of 10 days for the Club to comply with their default.
II. Proceedings before FIFA
6.
On 7 April 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.
The Player lodged the present claim against the Club for overdue salaries.
8.
In particular, the Player requested the following amounts:
•
KZT 2,000,000 for the salary of November 2024 plus 5% interest as from the due date
until the date of effective payment;
pg. 3
REF. FPSD-18869
•
9.
KZT 1,806,451 corresponding to the “amount paid annual leave” plus 5% interest as
from the due date until the date of effective payment.
The Player did not provide any further explanation or calculations regarding the amount
requested as “paid annual leave.” However, he alleged that this amount arose from clause
5.2 of the Contract.
b. Reply of the Respondent
10. In its reply, the Club acknowledged “the outstanding salary and annual leave compensation
owed” to the Player.
11. However, the Club disputed the calculations made by the Player, stating that the total
outstanding amount was KZT 2,483,156 gross. In particular, the Club provided the following
breakdown:
•
KZT 1,718,061 for 18 days worked in November 2024;
•
Compensation for 8 unused annual leave days of KZT 481,931.
12. Therefore, according to the Club, the total outstanding amount was KZT 2,001,225 net.
13. The Club further explained that the Contract expired on 22 November 2024, and therefore,
the Player could not receive the full monthly salary. The Club explained that under
Kazakhstani law, salaries were calculated based on working days and not calendar days.
14. Regarding the compensation for unused annual leave, the Club explained that according
to clause 5.2 of the Contract, 28 calendar days of annual leave corresponded to an entire
calendar year. However, the Club alleged that since the Player worked from 26 July 2024
until 22 November 2024, he was entitled to pro rata vacation days, that corresponded to
10 calendar days.
15. In this regard, the Club provided the calculation of the amount to be paid to the Player as
compensation for the unused leave (quote verbatim):
“According to Article 96 (2) of the Labor Code of Kazakhstan, compensation is calculated
based on the employee’s average earnings, in accordance with the Unified Rules approved by
order No. 908 of the Ministry of Health dated 30.11.2015. These rules are supplemented by
methodological Recommendations, which clarify their application. The calculation follows
these steps:
Determining the average daily earnings:
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REF. FPSD-18869
•
Total earnings over 12 months / Total working days over 12 months.
Calculating the leave compensation:
•
Average daily earnings x Number of working days of unused leave.
According to Clause 6 of the Methodological Recommendations, unused leave days are
counted from the first working day following the termination date, including only working
days based on the employee’s work schedule.
The Player’s leave compensation upon termination was calculated as follows (detailed in
Appendix No. 2 to this letter):
The Player worked 101 days, with total earnings of 9 549 319 KZT for this period.
The average daily earnings: 9 659 319 KZT / 101 days= 95 636,82 KZT
Leave compensation: 95 636,82 KZT x 8 working days= 765 095 KZT (gross). This amount is
reflected in the November 2024 payroll statement.
As a result, we add the salary for November 1 718 061 (gross) + vacation compensation 1765
095 (gross)= 2 483 156 KZT (gross). This amount is indicated in the payslip for November 2024
payroll statement.
As a result, we add the salary for November 1 718 061 (gross) + vacation compensation 1765
095 (gross)= 2 483 156 KZT (gross). This amount is indicated in the payslip for November 2024.
Foreign workers from the EAEU countries (Russia, Belarus, Kyrgyzstan, Armenia) in
Kazakhstan are subject to individual income tax (IIT), mandatory pension contributions (OPI)
and contributions to compulsory social health insurance (CCSHI).
On the right side of the payroll sheet table for November 2024, under item “2. Withheld” taxes
are indicated (IIT 10%, OPI 10%, CCSHI 3%).
This, after deducting all taxes, the Player received 2 001 225 KZT (net) for November salary
and annual leave compensation.”
16. Finally, the Club provided the payslips of July to November 2022.
pg. 5
REF. FPSD-18869
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
17. 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 7 April 2025 and submitted for
decision on 20 May 2025. Taking into account the wording of art. 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.
18. 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) (January
2025 edition), the Single Judge is competent to deal with the matter at stake, which
concerns an employment-related dispute with an international dimension between a
Russian player and a Kazakhstani club.
19. 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 January 2025 edition of the Regulations is applicable to the matter at
hand as to the substance.
b. Burden of proof
20. 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
21. 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 will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
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REF. FPSD-18869
i. Main legal discussion and considerations
22. The Single Judge then moved to the substance of the matter, and took note of the fact that,
although the Club acknowledged that part of the amount requested remained outstanding,
the parties strongly disputed the exact amount that was owed to the Player.
23. In this context, the Single Judge acknowledged that his task was to determine which
amount remained outstanding.
24. The Single Judge noted that the Player requested the monthly salary of KZT 2,000,000 for
the salary of November 2024 and KZT 1,806,453 for the “paid annual leave.” The Club
acknowledged that the salary of November 2024 and the annual leave remained
outstanding but disputed the exact amounts requested.
25. Regarding the salary of KZT 2,000,000, the Single Judge observed that the Club disputed
the amount alleging that the Contract expired on 22 November and therefore, in
accordance with the national law, the Player shall receive the salary pro rata. Furthermore,
the Single Judged noted that the Club argued that the Player shall be paid based on working
days and not calendar days, therefore the salary shall be calculated based on 18 and not
22 days.
26. In addition, based on the payslips provided by the Club, the Single Judge considered that
for the months of August, September and October 2024, even though the days worked
appearing for each month were 26, 25 and 27 (i.e. not the full month), the Player was
receiving his full salary, i.e. KZT 2,000,000.
27. Furthermore, the Single Judged underlined that based on clause 3 of the Contract, the
Player was entitled to a KZT 2,000,000 net as a monthly salary. However, the Single Judge
observed that the Contract did not mention that the salary shall be paid pro rata based on
the days worked as argued by the Club.
28. Therefore, the Single Judge decided that the salary of November 2024 shall be calculated
pro rata on 22 days (i.e. calendar days and not worked days), which resulted to KZT
1,466,652 net (KZT 2,000,000/30 days x 22).
29. Having established the above, the Single Judge moved to the calculation of the amount
owed for the unused annual leave and recalled that clause 5.2 of the Contract provided as
follows:
“The Employer provides the Employee with basic paid annual leave of 28 (twenty- eight)
calendar days. By agreement between the Parties, paid annual leave may be divided into
parts. In this case, one of the parts of paid labor leave must be at least two calendar weeks
of the duration of the leave provided for in this paragraph.”
pg. 7
REF. FPSD-18869
30. In this regard, the Single Judge observed that the Player did not provide any calculation
justifying the amount requested for the unused annual leave.
31. In addition, the Single Judge took note of the fact that the Club disputed the amount
requested as compensation for the annual leave and provided a detailed breakdown of the
amount claimed to be the correct one.
32. Furthermore, the Single Judge noted that the Club contended that the annual leave of 28
days applied to a full calendar year. Therefore, according to the Club, for a player with a 4month contract, the annual leave shall be calculated on a pro rata basis, amounting to 10
days.
33. In view of the above, the Single Judge considered that as the Player did not provide a
calculation and an explanation on the amount requested, the amount shall be awarded
based on the calculations made by the Club.
34. Consequently, the Single Judge decided that the amount corresponding to the annual leave
was KZT 765,095.
35. In addition, the Single Judge noted that the amount requested for the unused leave by the
Player was net. However, the Contract does not specify whether the amount to be paid was
net or gross and therefore, the Single Judge decided not to award the amount
corresponding to the unused annual leave as net.
36. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Club is liable to pay to the Player the amounts which were
outstanding under the contract at the moment of the termination, i.e. KTZ 1,466,652 net
and KTZ 765,095.
37. Finally, taking into consideration the Player’s request as well as the constant practice of the
Football Tribunal in this regard, the Single Judge decided to award the Player interest at the
rate of 5% p.a. on the outstanding amounts as from 23 November 2024 until the date of
effective payment.
ii. Art. 12bis of the Regulations
38. 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.
39. To this end, the Single Judge 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.
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REF. FPSD-18869
40. Accordingly, the Single Judge 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.
41. The Single Judge further established that, by virtue of art. 12bis par. 4 of the Regulations
the Single Judge has competence to impose sanctions on the club. On account of the above,
and bearing in mind that this is the third offense by the Respondent within the last two
years, the Single Judge decided to impose a fine of USD 500 on the Respondent in
accordance with art. 12bis par. 4 lit. c) of the Regulations.
42. The Single Judge 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
43. 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 his 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.
44. 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.
45. Therefore, bearing in mind the above, the Single Judge 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.
46. 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.
47. 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.
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REF. FPSD-18869
d. Costs
48. 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.
49. 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.
50. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 10
REF. FPSD-18869
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Ivan Khomukha, is partially accepted.
2.
The Respondent, Turan, must pay to the Claimant the following amounts:
- KTZ 1,466,652 net as outstanding remuneration plus 5% interest p.a. as from 23
November 2024 until the date of effective payment;
- KTZ 765,095 as outstanding remuneration plus 5% interest p.a. as from 23 November
2024 until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A fine in the amount of USD 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-18869:
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.
pg. 11
REF. FPSD-18869
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 12
REF. FPSD-18869
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. 13