Labour Disputes
Texto da decisão
REF. FPSD-18724
Decision of the
Dispute Resolution Chamber
passed on 27 June 2025
regarding an employment-related dispute concerning
the player Francisco Da Silva Santos Junior
COMPOSITION:
Martín AULETTA (Argentina), Deputy Chairperson
Alejandro Atilio TARABORELLI (Argentina & Italy), Member
Gonzalo DE MEDINILLA (Spain), Member
CLAIMANT:
Francisco Da Silva Santos Junior, Portugal
Represented by Pedro Macieirinha
RESPONDENT:
AFC Botosani, Romania
pg. 2
REF. FPSD-18724
I. Facts of the case
1.
On 6 August 2024, the Portuguese player, Francisco Da Silva Santos Junior (hereinafter: the
Player or the Claimant), and the Romanian club, AFC Botosani (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
the date of signature until 30 June 2025.
2.
Clause 4 of the Contract stipulated, inter alia, the following:
“Article 4:
Remuneration
i. The Club undertakes to pay the player, in exchange for his professional services,
performed for the benefit of the club between 06.08.2024 and 30.06.2025, a total net
remuneration of 75.870 euro, respectively, the amount of 7.000 Euro/month, which will
be paid until the 15th of the following month.
(…)
iv. The Club undertakes to calculate, withhold and pay to the relevant government
authorities the taxes and contributions payable in respect of the net income earned by
the player, at the minimum mandatory level stipulated by the applicable law.
v. If the legislation regarding the fees and taxes due for independent activities will
undergo changes, the net amounts owed to the Player will not be changed.
(…)“
3.
Clause 12 of the Contract established the following:
“Article 12:
Termination of the contract
This contract is automatically terminated at the end of the period for which it is
concluded. This contract may be terminated before its date of expiry, by mutual
agreement of the parties. In case of occurrence of a force majeure, this contract shall be
terminated in accordance with the provisions of applicable law.
The player or the club may unilaterally terminate the contract only subject to the
conditions and with the consequences stipulated by the Regulations on the Status and
Transfer of Players of FIFA/FRF (as applicable).
pg. 3
REF. FPSD-18724
If the Player or Club unilaterally terminates the contract with just cause, the other party
shall be sanctioned in accordance with the provisions of the RSTP of FIFA/FRF in force (as
applicable). Similarly, if the Player or Club unilaterally terminates the contract without
just cause, the terminating party shall be sanctioned in accordance with the provisions
of the RSTP of FIFA/FRF in force (as applicable).”
4.
On 6 February 2025, the Player put the Club in default and requested payment of EUR
21,000 net plus interest, of which EUR 7,000 net corresponded to the salary for October
2024, EUR 7,000 net corresponded to the salary for November 2024, and EUR 7,000 net
corresponded to the salary for December 2024. The Player granted the Club 15 days to
comply with the payment.
5.
On 24 February 2025, the Player sent a new letter to the Club, stating that it had failed to
comply with the payments requested in his previous letter. Additionally, the Player alleged
that, in the meantime, the salary for January 2025 had also fallen due and that the Club
had failed to pay it. In this context, the Player informed the Club that he terminated the
Contract, citing art. 14bis of the Regulations on the Status and Transfer of Players
(hereinafter: the Regulations). The Player requested payment of EUR 28,000 net as
outstanding remuneration plus 5% interest p.a. as from each due date, and EUR 35,000 net
as compensation for breach of contract plus 5% interest p.a. as from the due date, within
10 days.
6.
The Player informed that he remained unemployed since the termination.
II. Proceedings before FIFA
7.
On 24 March 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
8.
In his claim, the Player mentioned that, on 6 August 2024, the parties concluded the
Contract, by means of which he was entitled to a monthly salary of EUR 7,000 net, which
would be paid no later than the 15th day of the following month. Nonetheless, the Player
argued that the Club failed to pay his salaries for October, November and December 2024,
totalling EUR 21,000 net.
9.
In this context, the Player stated that he sent a notice of default on 6 January 2025,
requesting payment of the owed salaries. However, he argued that the Club failed to
respond or pay the amounts. Furthermore, the Player mentioned that in the meantime,
the salary for January 2025 became due, and the debt amounted to EUR 28,000 net.
pg. 4
REF. FPSD-18724
10. Based on the above, the Player alleged that he terminated the Contract with just cause, in
accordance with art. 14bis of the Regulations. The Player asserted that he is entitled to EUR
28,000 net as outstanding remuneration and to EUR 35,000 net as compensation.
11. The Claimant’s requests for relief were the following:
“The Claim shall be accepted.
The Dispute Resolution Chamber shall declare that the Claimant has terminated the
employment contract with the Respondent with just cause pursuant to the article 14bis
of the FIFA RSTP.
The Dispute Resolution Chamber shall declare that FIFA has jurisdiction to settle the
present dispute.
The Dispute Resolution Chamber shall condemn the Respondent to pay the Claimant as
outstanding remuneration:
i. the monthly salary for October 2024 in the net amount of 7.000 € net, overdue on 15
November 2024;
ii. the monthly salary for November 2024 in the net amount of 7.000 € net, overdue on
15 December 2024;
iii. the monthly salary for December 2024 in the net amount of 7.000 € net, overdue on
15 January 2025;
iv. the monthly salary for January 2025 in the net amount of 7.000 € net, overdue on 15
February 2025
Sub-Total = 28.000€ net plus 5% interest since the overdue dates until effective payment.
The Dispute Resolution Chamber shall condemn the Respondent to pay the Claimant as
compensation:
• the monthly salary of February 2025 in the net amount of 7.000 € net
• the monthly salary of March 2025 in the net amount of 7.000 € net
• the monthly salary of April 2025 in the net amount of 7.000 € net
• the monthly salary of May 2025 in the net amount of 7.000 € net
• the monthly salary of June 2025 in the net amount of 7.000 € net
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REF. FPSD-18724
Sub-Total = 35.000€ net plus 5% interest from the due date until effective payment.
TOTAL AMOUNT DUE = 63.000€ net plus 5% interest from the due date until effective
payment.
All according to the employment contract signed by the parties, the FIFA Statutes and
regulations, as well the specificity of sport, and the Swiss Law under penalty of imposition
of disciplinary measures to the Respondent if the above obligation is not observed.”
b. Reply of the Respondent
12. In its reply, the Club argued that the Player did not have just cause to terminate the
Contract. In this regard, the Club first mentioned that, while it was obliged to pay the
Player’s remuneration, he was obliged to participate in all the Club’s official activities. In this
context, the Club sustained that until 23 December 2024, the Player played a total of 11
matches officially scheduled for Liga 1 and Romanian Cup. However, the Club stated that,
after the winter holidays, the Player refused to continue his activities and on 6 February
2025 he sent his notice of default.
13. Notwithstanding the above, the Club argued that it paid the following amounts to the
Player:
- RON 34,829 on 18 December 2024, as salary for October 2024;
- RON 76,730 on 19 December 2024, as salary for November 2024; and
- RON 34,860 on 6 March 2025 as salary for December 2024.
14. As evidence, the Club provided three alleged proofs of payments in Romanian and
unaccompanied by any translation. Based on this evidence, the Club contended that all the
salaries up to December 2024 were already paid. Consequently, the Club argued that it
never aimed at forcing the Player to terminate the Contract and that he did not have just
cause based on art. 14bis of the Regulations.
15. Regarding the outstanding remuneration claimed by the Player, i.e., EUR 28,000 from
October 2024 to January 2025, the Club insisted that it already paid the salaries for October,
November and December 2024. In connection with the salary for January 2025, the Club
acknowledged that it did not pay it but stated that it is entitled to allege the exception of
non adimpleti contractus, as it was the Player who failed to perform activities for the Club
during that month.
16. Regarding compensation, the Club alleged that the Player is not entitled to any amount,
even if it were to be considered that he had just cause. In this regard, the Club mentioned
that the application of the principle of mitigation of damages leads to the conclusion that
he is not entitled to any compensation. Subsidiarily, the Club stated that, in due
pg. 6
REF. FPSD-18724
consideration of the overall circumstances, merely a symbolic compensation shall be
awarded to the Player, without interest or with interest applying as from 30 April 2024 (sic).
17. The Respondent’s requests for relief were the following:
“As to the facts and the legal arguments as per the present submission, the Respondent
requests the FIFA Football Tribunal:
1.To fully reject the Claimant's Claim related to amounts due for the period October December 2024 (already paid by the club) and also for January 2025 (activity not
provided to the club);
2.To fully reject the Claimant's request related to the compensation due for the period
February - June 2025.
IN THE ALTERNATIVE
1.To partially accept the Claimant's Claim in so far as to award the Claimant with a
compensation of symbolic nature only.
2.Therefore, to find that no sporting sanctions shall be imposed on the Respondent.”
c. Replica of the Claimant
18. In his rejoinder, the Player remarked that the Club alleged that he refused to provide his
services but failed to provide any evidence to support these allegations. Thus, the Player
requested that these allegations be disregarded. Conversely, the Player argued that he was
sidelined by the Club since mid-December 2024 and provided evidence in this respect.
Additionally, the Player indicated that he was not even called up to the training camp held
in Türkiye for the friendly match against Ludogorets on 7 January 2025.
19. Then, the Player argued that the Club acknowledged a debt of two monthly salaries, even
if the payment for the salary of October 2024 was considered. Nonetheless, the Player
stated that he did not receive any payment.
20. In this respect, the Player mentioned that the documents provided by the Club cannot be
considered as valid proof of payment, as the exhibit 2 submitted by the Club is no more
than a request for a transfer and exhibit 3 is a photo from a record accountability book.
The Player pointed out that the Club failed to provide any evidence of SWIFT transfers.
Nonetheless, he mentioned that, even if the mentioned payments by the Club occurred,
he still would have had just cause, as on 24 February 2025 the Club owed him the salary
for December 2024 and January 2025.
pg. 7
REF. FPSD-18724
21. Furthermore, the Player highlighted that all the evidence provided by the Respondent shall
be rejected, as it was not provided in an official FIFA language.
22. Based on the above, the Player insisted that the Club had failed to pay him three salaries
at the time he sent the notice of default and four salaries at the time he terminated the
Contract. Therefore, the Player made the same requests for relief.
d. Duplica of the Respondent
23. Despite having been invited to do so, the Respondent failed to provide its final comments.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
24. 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 24 March 2025 and submitted for decision on
27 June 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.
25. 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 (January 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 Portuguese player and a Romanian club.
26. 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 January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
27. 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).
pg. 8
REF. FPSD-18724
c. Merits of the dispute
28. 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.
i. Main legal discussion and considerations
29. The Chamber then moved to the substance of the matter, noting that it concerned a claim
of a player against a club for outstanding remuneration and compensation for breach of
contract.
30. The Chamber recalled that, according to the Player, he terminated the Contract with just
cause, as the Club failed to pay him more than two monthly salaries. Therefore, he argued
that he is entitled to four outstanding salaries and compensation.
31. The Chamber noted that, conversely, the Club stated that it had paid all the salaries to the
Player and, therefore, he did not have just cause to terminate the Contract.
32. In this context, the Chamber acknowledged that its task was to determine whether the
Player had just cause to terminate the Contract and, if so, the ensuing consequences.
33. Having stated the above, the Chamber first noted that, according to the Contract, the Player
was entitled to a monthly salary of EUR 7,000 net, which was to be paid on the 15 th day of
the following month.
34. In this regard, the Chamber observed that the Player argued that, at the time of sending
the notice of default, i.e., 6 February 2025, the Club owed him the salaries for October,
November and December 2024.
35. The Chamber recalled that, conversely, the Club argued that it paid the salary for October
2024 on 18 December 2024 and the salary for November 2024 on 19 December 2024.
Additionally, the Club stated that the salary for December 2024 was paid on 6 March 2025.
36. However, the Chamber highlighted that the Player denied having received any of these
payments and contended that (i) the evidence was not translated into an official FIFA
language, (ii) exhibit 2 submitted by the Club was a transfer request and exhibit 3 was a
photo from a accountability book and (iii) in any event, even if these payments were to be
pg. 9
REF. FPSD-18724
considered, at the time he terminated the Contract the Club owed him the salaries for
December 2024 and January 2025.
37. In this sense, the Chamber underscored that, in fact, the Club provided three alleged proofs
of payments as evidence, which are in Romanian. At this point, the Chamber referred to
art. 13 par. 1 and 3 of the Procedural Rules, which establish:
“1. Any submission to FIFA shall be made in English, Spanish, or French. Any submission
to FIFA not made in one of the aforementioned languages will be disregarded.
(…)
3. Any type of evidence may be produced. A chamber has ultimate discretion as to the
weight it gives to evidence. All the evidence upon which a party intends to rely must be
filed in the original language and, if applicable, translated into English, Spanish or
French.”
38. Considering that the evidence provided by the Club was not in English, Spanish or French,
and was not translated into any of these languages, the Chamber determined that it shall
be disregarded. The Chamber underscored that, after the Player challenged the evidence
for not being translated, the Club failed to provide its final comments, in which it could
have provided a translated copy for the evidence to be considered.
39. Based on the above, the Chamber determined that the Club failed to comply with its
burden of proof, in accordance with art. 13 par. 5 of the Procedural Rules and, therefore,
did not provide any evidence of having paid the salaries claimed by the Player.
40. Consequently, the Chamber concluded that, at the time of sending the notice of default,
the Club owed the Player the salaries for October, November and December 2024, totalling
EUR 21,000 net.
41. Having stated the above, the Chamber then recalled that the Player put the Club in default
on 6 February 2025 and requested payment of three salaries. The Chamber highlighted
that this was undisputed by the Club. Additionally, on 24 February 2025, i.e., 18 days after
sending the notice, the Player terminated the Contract, citing just cause.
42. In light of the above, the Chamber determined that the Player had just cause to terminate
the Contract based on art. 14bis of the Regulations, as (i) the Club failed to pay him more
than two monthly salaries, (ii) he sent a notice of default granting 15 days and (iii) the Club
failed to fully remedy its breach within the delay period.
pg. 10
REF. FPSD-18724
ii. Consequences
43. 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.
44. Taking into account that the Club failed to provide evidence of having paid the salaries for
October, November and December 2024, the Chamber decided that the Player is entitled
to the three salaries at EUR 7,000 net each, with interest as from the day after each due
date, i.e., the 16th day of each subsequent month.
45. Furthermore, the Chamber underlined that the salary for January 2025 fell due on 15
February 2025 and, therefore, must also be awarded as outstanding remuneration with
interest as from 16 February 2025. In addition, considering that the termination was on 24
February 2025, and based on the standard practice of the Football Tribunal, the Chamber
decided to award the salary for February 2025 as outstanding remuneration, with interest
as from the date of the termination.
46. Therefore, the Chamber decided to award the Player EUR 35,000 net as outstanding
remuneration, with interest as set out above.
47. 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.
48. 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 Contract.
49. As a consequence, the members of 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 the Player by the Club shall
be equal to the residual value of the contract that was prematurely terminated, unless the
player signed a new contract following the termination of his previous contract (cf. art. 17
par. 1 lit. i) of the Regulations).
50. 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
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REF. FPSD-18724
from the date of its unilateral termination until its end date. The Chamber recalled that the
Contract was terminated on 24 February 2025, and it would have been valid until 30 June
2025. Additionally, the Chamber recalled that the salary for February 2025 was considered
as outstanding remuneration.
51. Consequently, the Chamber concluded that the amount of EUR 28,000 net (i.e., EUR 7,000
net times four) serves as the basis for the determination of the amount of compensation
for breach of contract.
52. 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 player’s general
obligation to mitigate his damages.
53. In this respect, the Chamber noted that the Player informed that he has remained
unemployed since the termination of the Contract and, therefore, did not mitigate his
damages. Since no mitigation applied, the Chamber also confirmed that no additional
compensation was due.
54. 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 28,000 net to the Claimant, which was to be considered a reasonable and justified
amount of compensation for breach of contract in the present matter.
55. 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
on said compensation at the rate of 5% p.a. as of 24 February 2025 until the date of effective
payment.
iii. Compliance with monetary decisions
56. 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.
57. 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
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REF. FPSD-18724
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
58. 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
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.
59. 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.
60. 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
61. 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.
62. 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.
63. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 13
REF. FPSD-18724
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Francisco Da Silva Santos Junior, is partially accepted.
2.
The Respondent, AFC Botosani, must pay to the Claimant the following amounts:
- EUR 35,000 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 7,000 net as from 16 November 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 7,000 net as from 16 December 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 7,000 net as from 16 January 2025 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 7,000 net as from 16 February 2025 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 7,000 net as from 24 February 2025 until the
date of effective payment;
- EUR 28,000 net as compensation for breach of contract plus 5% interest p.a. as from
24 February 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.
pg. 14
REF. FPSD-18724
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-18724
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. 16