Labour Disputes
Texto da decisão
REF. FPSD-17770
Decision of the
Dispute Resolution Chamber
passed on 3 July 2025
regarding an employment-related dispute concerning the player
Mikita Tarbiakou
BY:
Frans DE WEGER (The Netherlands), Chairperson
Michele COLUCCI (Italy), Member
Jorge GUTIÉRREZ (Costa Rica), Member
CLAIMANT:
Mikita Tarbiakou, Belarus
Represented by Evgenii Efremov
RESPONDENT:
Baku Sportinq FK, Azerbaijan
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REF. FPSD-17770
I. Facts of the case
1.
On 30 August 2024, the Belarussian player, Mikita Tarbiakou (hereinafter: the Player or the
Claimant), and the Azerbaijani club, Baku Sportinq FK (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
1 September 2024 until 31 May 2025.
2.
In accordance with art. 6.1. of the Contract, the Respondent undertook to pay to the
Claimant inter alia “a monthly fee after taxes in the amount of 1000 manat (AZN)”.
3.
Art. 6.2 of the Contract provided, quoted verbatim:
“6.2. Payments under this Agreement shall be made via bank transfer to the
Player’s bank account specified in this Agreement by 10 of each subsequent
month.”
4.
Art. 6.4. of the Contract provided, quoted verbatim:
“6.4. Failure by the Club to pay the Player’s 2 (two) months’ fee (or amount
equivalent to 2 (two) months’ fee) shall be considered a valid reason for the
Player’s unilateral termination of the Agreement. In this case, the Player must
determine a minimum period of 15(fifteen) days for the Club to fulfil its
obligations under the Agreement. If the Club fails to fulfil its obligations after
this period, the Player may terminate the Agreement.“
5.
Art. 10 of the Contract provided, quoted verbatim:
“10.1. This Agreement is governed by the Regulations of FIFA and AFFA on Status
and Transfer of Players.
10.2. The Parties try to settle the disputes through negotiations If the dispute is
not resolved through negotiations within 30 (thirty) calendar days, the dispute
shall be referred to the [Player Status and Transfer Committee by AFFA / FIFA
Football Tribunal].”
6.
On 7 November 2024, the Claimant received a notification from the immigration authorities
of Azerbaijan mentioning that he was being sanctioned for not having the appropriate
authorizations to stay and work in Azerbaijan. He received a fine of AZN 350 and was asked
to depart the country.
7.
On the same day, i.e. 7 November 2024, the Player left Azerbaijan.
8.
On 18 November 2024, the Claimant sent a notice of default to the Respondent and
demanded that the Club pay him AZN 9,000 as compensation for breach of contract, as
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REF. FPSD-17770
well as AZN 350 as reimbursement of the immigration fine, plus 5% interest p.a. setting a
time limit expiring on 3 December 2025 in order to remedy the default.
9.
On 20 February 2025, the Player signed an employment contract with the Belarussian club
FK Lida, valid as from 20 February 2025 until 19 February 2026, with a monthly salary of
BYN 1,500.
II. Proceedings before FIFA
10. On 13 January 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Claimant
11. The Claimant submitted that, after signing the Contract with the Respondent, he appeared
in several training sessions.
12. However, he mentioned that the Respondent failed to obtain the required visa and work
authorizations for him to work in Azerbaijan.
13. In addition, he raised that the Club did not register him to participate in ”the championship.”
14. In that sense, the Player affirmed that the Player terminated the Contract without just
cause and should be held liable to pay him compensation “[d]ue to the Club’s refusal to
accept the Player’s services despite that a valid Contract was signed by the Parties”.
15. The Player also asserted that the Respondent did not provide him with insurance as
required per art. 8 of the Contract, and that the Club did not pay him the salaries due from
the date of signature until 7 November 2024.
16. The Player claimed AZN 9,000, which corresponds to the salaries overdue and the residual
value of the Contract at the time of its termination.
17. The Player‘s requests for relief were the following, quoted verbatim:
“1. FIFA DRC shall accept the claim of the Claimant.
2. FIFA DRC shall order the Respondent to pay to the Claimant Manat (AZN) 9,000 net as
Compensation, plus 5% interest p.a. as from 01 September 2024 until the date of effective
payment.
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3. FIFA DRC shall order the Respondent to pay to the immigration penalty accrued to the
Claimant equal of Manat (AZN) 350, including penalties that will be accrued at the time of
payment.
4. FIFA DRC shall impose sportive sanctions on the Respondent.”
b. Position of the Respondent
18. Despite being invited to do so, the Respondent failed to reply to the claim within the time
limit granted by the FIFA general secretariat.
c. Unsolicited correspondence from the Respondent
19. On 17 March 2025, after the closure of the submission phase, the Club submitted
unsolicited correspondence in reply to the Player’s claim.
20. On the same date, the FIFA general secretariat acknowledged receipt of the above
correspondence and informed that it was received after the deadline had already expired.
The FIFA general secretariat informed that such comments would be disregarded.
21. On 2 and 4 April 2025, the Club submitted further unsolicited correspondence.
22. On 3 April 2025, the FIFA general secretariat confirmed that the supplementary comments
would be disregarded.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
23. 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 13 January 2025 and submitted for decision
on 3 July 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.
24. 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) (January
2025 edition), the DRC is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Belarussian player
and an Azerbaijani club.
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REF. FPSD-17770
25. 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
26. 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
27. 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
28. The Chamber noted that the Respondent did not timely respond to the claim. Therefore,
the Chamber underlined that its decision must be made on the basis of the documentation
on file, that is, the argumentation and evidence filed by the Claimant in line with art. 14 par.
1 and 21, par. 1 of the Procedural Rules.
29. The Chamber noted that the Claimant submitted that the Respondent did not adopt any
proactive steps to allow him to provide his services, including (i) providing him with a work
permit; (ii) hiring insurance; (iii) paying him remuneration; (iv) registering him to participate
in the national competitions.
30. The Chamber also took into account the Claimant’s position that the Respondent
terminated the Contract without just cause by failing to arrange the necessary work visa,
thereby placing the Claimant in an irregular situation which led to the intervention of the
Azerbaijani immigration authorities. As a result, the Claimant was issued a fine and ordered
to leave the country on 7 November 2024. The Claimant further submitted that he did not
receive the salaries for September, October, and November 2024 from the Respondent.
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REF. FPSD-17770
31. In this context, the Chamber acknowledged that its task was to establish when the Contract
was terminated and by whom, before assessing the consequences thereof.
32. However, the majority of the DRC noted that no evidence of correspondence between the
parties on that subject matter was submitted in support of the claim.
33. Furthermore, the majority of the DRC noted that there was no evidence on file establishing
that the Respondent had been made aware of the Claimant’s departure and/or that the
Claimant requested further action from the Respondent’s side to remedy the situation.
34. In fact, the Chamber took note that the only evidence submitted by the Claimant is his
default notice to the Respondent dated 18 November 2024, which mentions that it is the
Respondent who terminated the Contract by failing to obtain the appropriate work visa for
him.
35. Consequently, in the absence of a notice of termination of the Contract and a reply to the
claim from the Respondent, the majority of the Chamber considered that it is the Claimant
who terminated the employment relationship after leaving Azerbaijan and requesting
compensation from the Respondent in its default notice dated 18 November 2024.
36. The majority of the DRC found that the presence of a request for compensation in the
Claimant’s default notice was a determining element indicating that the Claimant
considered the Contract to be terminated and had communicated this view to the
Respondent.
37. Having established by majority that the Claimant terminated the Contract on 18 November
2024, the DRC proceeded to assess the validity of this termination.
38. In this context, the majority of the DRC recalled the wording of art. 14 RSTP which states,
quoted verbatim:
“1. A contract may be terminated by either party without consequences of any kind
(either payment of compensation or imposition of sporting sanctions) where there is
just cause. In general, just cause shall exist in any circumstance in which a party
can no longer reasonably and in good faith be expected to continue a
contractual relationship.
2. Any abusive conduct of a party aiming at forcing the counterparty to terminate or
change the terms of the contract shall entitle the counterparty (a player or a club) to
terminate the contract with just cause.’’ (emphasis added)
39. In that sense, the majority of the DRC noted that the Claimant did not provide evidence of
any communication or proactive measure with or towards the Respondent regarding the
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REF. FPSD-17770
obtention of the appropriate work authorization from the beginning of the Contract on 30
August 2024 until its termination on 18 November 2024.
40. The majority of DRC also considered that the Claimant failed to prove his allegations
regarding his non-registration and further administrative procedures. In fact, the majority
of DRC found that there no was evidence on file corroborating that the Respondent had
ever asked for information or action concerning any of those issues before terminating the
Contract.
41. In the absence of any notice of default prior to termination, or evidence of communication
from the Claimant to the Respondent to follow-up on the work visa process, the majority
of the DRC found that, by terminating the Contract immediately on 18 November 2024, the
Player did not follow the principle of ultima ratio. In other words, the majority of the
Chamber considered that the Claimant did not discharge his burden of proof under art. 13
par. 5 of the Procedural Rules and did not demonstrate that he could “no longer reasonably
and in good faith be expected to continue a contractual relationship” or that the Club had
engaged in any abusive conduct towards him that could justify an abrupt termination.
42. In that sense, and although the DRC considered that the Respondent was in breach of its
contractual obligations, the majority of the DRC considered that the termination by the
Claimant was without just cause.
ii. Consequences
43. Notwithstanding the above, the DRC noted that the Claimant also claimed that he did not
receive any payment of remuneration from the beginning of the Contract, on 30 August
2024 until the date of termination on 18 November 2024.
44. In line with the long-standing jurisprudence of the Football Tribunal, the DRC considered
that the Club bore the burden of proving that it had in fact complied with the financial terms
of the Contract. As the Club failed to reply to the claim, the DRC found that the Claimant
was entitled to the salaries of September 2024, October 2024 and November 2024 (prorated), by virtue of the principle of pacta sunt servanda.
45. The Chamber noted that the Claimant also requested the reimbursement of the
immigration fine in the amount of AZN 350.
46. However, the Chamber noted that the Claimant had not provided evidence of payment of
that amount, and that the fine had been imposed on him and but that it was payable upon
return to the territory of Azerbaijan.
47. Consequently, the Chamber considered that the Claimant had not discharged his burden
of proof under art. 13 par. 5 of the Procedural Rules and decided not to award this amount.
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48. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Claimant, are equivalent to 2 full monthly
salaries and 18 days under the Contract, amounting to AZN 2,600.
49. 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 the termination, i.e. AZN
2,600 (i.e. AZN 1,000 times 2 months plus AZN 1,000 pro-rated over 18 days).
50. In addition, taking into consideration the Claimant’s request for relief 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 the outstanding amounts.
51. The DRC decided to award interest on the overdue salaries for September and October
2024 starting from the eleventh day of the following month, in accordance with Article 6.2
of the Contract. As for the pro-rated salary of November 2024, interest was awarded from
18 November 2024, the date on which the Contract was terminated
iii. Compliance with monetary decisions
52. 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.
53. 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.
54. 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.
55. 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.
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56. 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
57. 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.
58. 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.
59. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-17770
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Mikita Tarbiakou, is partially accepted.
2.
The Respondent, Baku Sportinq FK, must pay to the Claimant the following amount(s):
- AZN 2,600 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of AZN 1,000 as from 11 October 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of AZN 1,000 as from 11 November 2024 until the date
of effective payment; and
- 5% interest p.a. over the amount of AZN 600 as from 18 November 2024 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.
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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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
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