Labour Disputes
Texto da decisão
REF. FPSD-14373
Decision of the
Dispute Resolution Chamber
passed on 22 August 2024
regarding an employment-related dispute concerning the player Mohammed
Abdelnaser Mohammed Adam Shalan
BY:
Frans DE WEGER (The Netherlands), Chairperson
Oleg ZADUBROVSKIY (Russia), Member
Khadija TIMERA (Senegal), Member
CLAIMANT:
Mohammed Abdulnaser Mohammed Adam, Yemen & Saudi Arabia
Represented by Marcelo Amoretty Souza
RESPONDENT:
Al Shabab, Saudi Arabia
Represented by Gustavo Koch Pinheiro and Ahmed Al-Shikhy
pg. 2
REF. FPSD-14373
I. Facts of the case
1.
Allegedly, on 9 June 2022, the Yemeni and Saudi player Mohammed Abdulnasser
Mohammed Adam (hereinafter the Claimant or the Player) and the Saudi club Al Shabab
(hereinafter the Respondent or the Club) entered into a Professional Football Player
Employment Contract for “Non-Saudi Players” (hereinafter the Employment Contract) valid
from 15 July 2022 to 14 July 2026.
2.
The Player was mentioned as “Yemeni – Born in Saudi Arabia” in the Employment Contract.
3.
Based on Clause 5.3 of the Employment Contract, the Player was entitled to a bonus “If the
player is selected for the Saudi national team and plays more than five international matches,
with the increase effective from the following season upon achieving the goal”. (emphasis
added)
4.
In line with Clause 5 of the Employment Contract, the Player would have been entitled, inter
alia, to the following remuneration, due at the end of the month:
−
−
−
−
Monthly Salary for the period from 15/07/2022 – 14/07/2023 Saudi Riyal 137,500;
Monthly Salary for the period from 15/07/2023 – 14/07/2024 Saudi Riyal 146,875;
Monthly Salary for the period from 15/07/2024 – 14/07/2025 Saudi Riyal 156,250;
Monthly Salary for the period from 15/07/2025 – 14/07/2026 Saudi Riyal 171,875.
5.
According to the Claimant, on 10 June 2022, he sent the signed contract to the
Respondent's Team Manager, Mr. Mohammed Shata, via email ([email protected]).
6.
The Saudi Football Federation confirmed to the FIFA administration the following: “(…)
please be informed that the player, Mohammed Abdulnaser Mohammed Adam, has not been
registered for our affiliated club, Al Shabab”.
7.
On 10 June 2022, the following post was published on a Twitter account of the Respondent:
“Al-Shabab Club management signed a professional contract with the player Mohamed Abdel
Nasser Adam (25 years old), born in the Kingdom, for a period of four years on a free transfer,
coming from the American club Miami, starting next summer period. In turn, the management
of Al-Shabab Club wished the player success in his next mission with the Sheikh of Clubs”.
8.
As from 3 July 2022, the parties were in contact via WhatsApp regarding travel
arrangements, the official shirt for the Player, etc.
9.
On 15 July 2022, the Claimant signed a "Declaration" stipulating that if the Saudi Football
Federation refused to register the Employment Contract, he would waive his rights to
receive any amounts therefrom.
pg. 3
REF. FPSD-14373
10. As from 21 July 2022 (until 18 May 2023), photos of the Claimant in the training sessions
were published on an Instagram account of the Respondent.
11. On 20 and 29 November 2022, the Claimant appeared as a substitute in friendly matches,
which is supported by posts published on a Twitter account of the Respondent.
12. On 13 December 2022, the parties were in contact via WhatsApp regarding financial
matters. In particular, the Claimant wrote: “Peace be upon you, my brother Majed. What
happened with the advance I requested two weeks ago? I have financial commitments that need
immediate attention (hotel rent, car, and living expenses). Please resolve the matter for me
today; it is urgent because the situation cannot tolerate any delays. Thank you”.
13. In reply thereto, the Respondent: “Peace be upon you. Since that day, Abu Turki handled it and
went to the finance department. I am following up with them now, and I will keep you informed.
The last time you took it in cash, or did they transfer to you?”.
14. On 14 December 2022, the Claimant received a payment of SAR 30,000.
15. On 3 June 2023, the Respondent sent a letter to the Saudi Football Federation requesting
authorization for Claimant to leave the country for his annual vacation.
16. According to the Player, on 11 June 2023, the Team Manager Mr. Mohammed Shata
removed the Claimant from the WhatsApp group of players.
17. Following the same source, on 12 June 2023, the Claimant sent a direct WhatsApp message
to Mr. Shata asking why he was removed, and Mr. Shata directed him to speak with the
Football Director, Mr. Majed Almarzougi.
18. On 13 June 2023, the Football Director Mr. Majed Almarzougi informed Claimant via
WhatsApp that the team's roster was being lined up for the new year and signing decisions
would begin after the new management was formed.
19. On 5 September 2023, the Player signed a contract for “Saudi players” with the Saudi club,
Al Khaleej SC, valid as from 5 September 2023 until 4 June 2024, for a monthly salary of
SAR 80,000 (i.e. SAR 720,000 for the entire contractual period).
20. As from 18 October 2023, the Player holds the Saudi passport.
pg. 4
REF. FPSD-14373
II. Proceedings before FIFA
21. On 12 April 2024, the Claimant filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
a. Position of the Claimant
22. The requests for relief of the Claimant were the following:
“a) declare FIFA is competent to deal with the case at hand, having in mind it has
international dimension, for the reasons above explained;
b) declare that the employment contract between the Claimant and the Respondent is
terminated without just cause by the Respondent, based on article 14 of the FIFA
Regulations on the Status and Transfer of Players, as from 11 June 2023;
c) condemn the Respondent to pay to the Claimant the amount equivalent to SAR
1,482,500 (one million, four hundred and eighty-two thousand and five hundred Saudi
Riyal), plus 5% interest as from each due date until the date of the effective payment;
d) condemn the Respondent to pay to the Claimant a compensation in the amount of SAR
5,837,500 (five million, eight hundred and thirty-seven thousand and five hundred Saudi
Riyal), equivalent to 37 (thirty-seven) months of salary, i.e., as from 11 June 2023
(rescission date) to 14 July 2026;
e) impose on the Respondent the sporting sanctions established in paragraph 4 of article
17 of the FIFA Regulations on the Status and Transfer of Players, having in mind the breach
of the contract during the protected period”.
23. The Claimant underlined that he only had the Yemeni nationality when he signed the
contract, and that he only acquired the Saudi nationality after the event giving rise to the
dispute.
24. The Claimant asserted that despite the Respondent’s failure to sign the contract, the
employment agreement is valid. He provided a series of documents such as the contract
itself, communications and alleged participation in trainings and friendly matches to
demonstrate the existence and terms of the contract. He also noted that he received partial
payments.
25. The Player argued that the contract was unilaterally terminated by the club on 11 June 2023
and, in his breakdown, requested the following amounts:
−
−
SAR 1,482,500, corresponding to 11 monthly salaries (i.e. 137,500*11) minus
SAR 30,000 which were already paid;
SAR 5,837,500 as compensation for breach of contract without just cause,
equivalent to the residual value of the contract.
pg. 5
REF. FPSD-14373
b. Position of the Respondent
26. In its reply, the Respondent argued that there was no valid employment contract with the
Player. The Club claimed that the document presented by the Player lacked essential
elements such as signatures from the Club, a stamp, and a letterhead, which were
necessary under Swiss law and FIFA Regulations to constitute a binding agreement.
27. The Club confirmed that it had an interest in the Player. However, it highlighted that, as in
many other countries, SAFF limits the number of foreign players. Therefore, it was essential
that the Player acquires Saudi nationality as a condition for settling the employment
contract at Al Shabab, to be registered as a Saudi player.
28. The Club explained that the parties therefore established a sort of amateur, gentlemen
agreement where the Club would allow the Player to train and compete in friendly matches
and provide for the Player's basic expenses related to his accommodation and
transportation and nothing more. The Club insisted that any previously paid amount was
made for such expenses, and not as a salary.
29. The Club noted that the Player did not refer to or invoke the alleged contract in any formal
notices to request payment or terminate the contract. It argued that if a contract existed,
it would have been mentioned in such communications. The Club argued that the Player
did not complain about his salaries for almost a year, and only seemed to “remember”
them after a long period. The Club considered that “this is not normal for a professional
player”.
30. The Club explained that the Player was allowed to train and participate in friendly matches
without a formal contract. The Club supported the Player while he worked on obtaining a
Saudi passport, which was a condition for a potential contract. The Club argued that there
was no formal contract due to the Player not meeting this condition.
31. If the DRC found that a contract existed, the Club argued it would only be a preliminary or
pre-contract. The club pointed to Court of Arbitration for Sport (CAS) jurisprudence
indicating that breaches of pre-contracts should result in lower compensation compared
to definitive contracts. In particular, it requested to limit any compensation to one month's
salary based on the principle of positive interest.
pg. 6
REF. FPSD-14373
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
32. 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 12 April 2024 and submitted for decision on
22 August 2024. Taking into account the wording of art. 34 of the March 2023 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.
33. 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 (June 2024 edition), the Dispute
Resolution Chamber is – in principle – competent to deal with the matter at stake, which
concerns an employment-related dispute with an international dimension between a
Yemeni player and a Saudi club.
34. In this context, the Chamber observed that at the time of lodging the claim, the Player
appeared to be in a possession of the Saudi nationality, i.e. the same nationality as the
Respondent, which could potentially affect its competence to deal with the present matter
due to the lack of the international dimension.
35. In this regard, the DRC recalled its long-standing jurisprudence which dictates that in cases
of dual nationality of a player, the internationality of a dispute is determined according to
the nationality under which a player is registered to play football for the relevant club.
36. The Chamber however took note that, in the present case, the Saudi Football Federation
confirmed that the Player was never registered with the Respondent.
37. The DRC then moved to examine the evidence on file concerning the nationality of the
Player. In this regard, the Chamber observed the following:
(i) The Player signed the Employment Contract as a Yemeni national on 9 June 2022.
(ii) At the time of being removed from the WhatsApp of the Respondent on 11 June 2023,
the Player was a Yemeni national.
(iii) The Player acquired the Saudi passport on 18 October 2023 only.
(iv) The Clause 5.3 of the Employment Agreement links the Player’s bonus to the
participation in the Saudi national team.
(v) The Player signed his latest contract with another Saudi club as a Saudi national.
38. The DRC noted that the Player argues that the FIFA Football Tribunal was competent to
deal with the matter as he had the Yemeni nationality when he signed the Employment
Contract and only acquired the Saudi nationality after the event giving rise to the dispute.
pg. 7
REF. FPSD-14373
39. Considering the above and irrespective of the question whether the analysis should be
made at the time of the event giving rise to the dispute or the time of signing the
Employment Contract, the DRC highlighted that at the date of signing of the contract as well
as at the date of the event giving rise to the dispute, the Player only had the Yemeni
nationality.
40. Therefore, the DRC concluded that the dispute has an international dimension and,
consequently, it is competent to deal with the matter at stake.
41. 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. 26 par. 1
and 2 of the Regulations on the Status and Transfer of Players (June 2024 edition) and
considering that the present claim was lodged on 12 April 2024, the February 2024 edition
of said regulations (hereinafter the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
42. 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
43. 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
44. The Chamber then moved to the substance of the matter and took note of the fact that the
this is a claim of a player against a club concerning an alleged breach of contract.
45. The DRC further noted that the crux of the dispute lies firstly in establishing if the
Employment Contract entered into force as it lacks the signature of the Respondent.
pg. 8
REF. FPSD-14373
46. In this regard, the Chamber recalled the argumentation of the Player who argued that he
was with the Club for a period longer than one year, whereas the latter argued that this
was merely based on a “gentlemen agreement”, awaiting the Player’s naturalisation as
Saudi national. The DRC further noted the argumentation of the Club, asserting that under
such circumstances, the Club covered merely the expenses of the Player, and no salaries
were paid out.
47. The Chamber then turned its attention to the evidence provided by the parties and
observed that whereas the Respondent argued that it did not sign the contract, there is
evidence on file proving that the Employment Contract was signed and returned by the
Player to the Club, which remained undisputed by the latter.
48. Furthermore, the DRC equally noted that it remained undisputed between the parties that
the Player was indeed present in the Club for over a year. In addition, the Chamber also
analysed that the Club undisputedly posted many social media messages relating to the
presence of the Player within the Club, whereas one of the social media posts even
informed that the Player signed with the Club. The DRC considered that such actions
embodied the implicit consent of the Respondent to engage the Player.
49. Based on the above, the Chamber concluded that the Player was indeed with the Club and,
consequently, that there was an employment relationship between the parties.
50. After establishing the employment relationship between the parties, the Chamber turned
its attention to the termination of the Employment contract. In this regard, the
argumentation of the Player was that the employment relationship was finally terminated
by the Club on 11 June 2023, by removal of the Player from the Team’s WhatsApp chat.
51. The Chamber also observed that there is no termination notice on file as well as that no
official correspondence from the parties regarding the situation of the Player with the Club
followed. In this respect, the DRC noted that after a short WhatsApp exchange on 12 and
13 June 2023, the Player did not seek to be reinstated with the Club. Consequently, the DRC
came to the conclusion that the Employment Contract was terminated on 11 June 2023.
52. Following the conduct of the behaviour of the parties, specifically that neither of the party
showed the willingness to continue the contractual relationship, the Chamber decided to
grant the Player the outstanding remuneration based on the Employment Contract until
11 June 2023, yet decided not to award any compensation.
ii. Consequences
53. The Chamber observed that the financial obligations deemed as outstanding in the present
case correspond to salaries under the Employment Contract within the period from
15 July 2022 – 11 July 2023 (i.e. SAR 1,500,819.9). Furthermore, the DRC acknowledged that
pg. 9
REF. FPSD-14373
within the proceedings, the Claimant acknowledged having received the amount of
SAR 30,000.
54. 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
claimed as outstanding under the contract, in total SAR 1,470,819.9 (SAR 1,500,819.9 minus
SAR 30,000), as detailed above.
55. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Chamber in this regard, the latter decided to award the Claimant interest as follows:
−
SAR 45,403.23 as outstanding remuneration plus 5% interest p.a. as from 1 August
2022 until the date of effective payment;
−
SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from
1 September 2022 until the date of effective payment;
−
SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from
1 October 2022 until the date of effective payment;
−
SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from
1 November 2022 until the date of effective payment;
−
SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from
1 December 2022 until the date of effective payment;
−
SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from
1 January 2023 until the date of effective payment;
−
SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from
1 February 2023 until the date of effective payment;
−
SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from
1 March 2023 until the date of effective payment;
−
SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from 1 April 2023
until the date of effective payment;
−
SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from 1 May 2023
until the date of effective payment;
−
SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from 1 June 2023
until the date of effective payment;
−
SAR 50,416.67 as outstanding remuneration plus 5% interest p.a. as from
12 June 2023 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
pg. 10
REF. FPSD-14373
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
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. 11
REF. FPSD-14373
IV. Decision of the Dispute Resolution Chamber
1.
The Football Tribunal has jurisdiction to hear the claim of the claimant, Mohammed
Abdulnasser Mohammed Adam.
2.
The claim of the Claimant is partially accepted.
3.
The Respondent, Al Shabab, must pay to the Claimant the following amount(s):
- SAR 45,403.23 as outstanding remuneration plus 5% interest p.a. as from 1 August 2022
until the date of effective payment;
- SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from
1 September 2022 until the date of effective payment;
- SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from 1 October 2022
until the date of effective payment;
- SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from
1 November 2022 until the date of effective payment;
- SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from
1 December 2022 until the date of effective payment;
- SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from 1 January 2023
until the date of effective payment;
- SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from 1 February 2023
until the date of effective payment;
- SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from 1 March 2023
until the date of effective payment;
- SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from 1 April 2023
until the date of effective payment;
- SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from 1 May 2023
until the date of effective payment;
- SAR 137,500 as outstanding remuneration plus 5% interest p.a. as from 1 June 2023
until the date of effective payment;
- SAR 50,416.67 as outstanding remuneration plus 5% interest p.a. as from 12 June 2023
until the date of effective payment.
4.
Any further claims of the Claimant are rejected.
5.
Full payment (including all applicable interest) shall be made to the bank account
indicated in the enclosed Bank Account Registration Form.
pg. 12
REF. FPSD-14373
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 13
REF. FPSD-14373
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 57 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. article 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 14