Labour Disputes
Texto da decisão
REF. FPSD-17813
Decision of the
Dispute Resolution Chamber
passed on 20 May 2025
regarding an employment-related dispute concerning the player
Shahab Zaheditabar
BY:
Alejandro ATILIO TARABORELLI (Argentina & Italy)
CLAIMANT:
Shahab Zaheditabar, Iran
Represented by Gregory Michael Griffin
RESPONDENT:
FC Zorya Lugansk, Ukraine
pg. 2
REF. FPSD-17813
I. Facts of the case
1.
On 4 February 2021, the Irani player Shahab Zaheditabar (hereinafter, the Player or the
Claimant) and the Ukrainian club FC Zorya Lugansk (hereinafter, the Club or the Respondent)
concluded an employment contract (hereinafter, the Contract) valid as from 8 February
2021 until 31 December 2024.
2.
Pursuant to Clause 5.1 of the Contract, the Club undertook to pay the Player (hereinafter,
jointly referred to as the Parties) a monthly remuneration of UAH 13,000.
3.
In accordance with Clauses 1 and 5 of Annexe Nº 2 of the Contract:
“1. For the execution of his duties during the period of the contract, taking into account the
official salary specified in point 5.1 of the contract, to the Football player [sic] is paid a total
amount of 15000 (fifteen thousand) USD dollars per month net.
(…)
5. Total amount is paid in national currency of Ukraine at an official rate of NBU on the date
of payment”.
4.
In addition, pursuant to Clause 2 of Annex Nº2 of the Contract, the Player was also entitled
to a sign-on fee of USD 100,000 upon his registration with the Club.
5.
In March 2022 the Player suspended the Contract based on Annexe 7 of the Regulations
on the Status and Transfer of Players (March 2022 edition).
6.
On 11 June 2022, the Club sent a letter to the Player requesting him to join the Club in
Poland by 29 or 30 June 2022. In its letter, the Club informed the Player that “All issues
related to the fulfillment of contractual obligations between [the Club] and you, if you have any,
will be resolved upon your arrival at [the Club] location at the above address”.
7.
On 22 February 2023, the Player put the Club in default, requesting the payment of two
monthly salaries and USD 50,000 as sign-on fee. The Player granted the Club a deadline of
14 days to fulfil its contractual obligations.
8.
On 10 March 2023, the Club replied to the Player as follows:
“[The Club] is the club which owns your contract till December, 31st 2024 and on July, 1st
2023 you will come back to the club.
pg. 3
REF. FPSD-17813
To resolve financial issues you should either come to the club to receive payment, or come
to Ukraine to update your bank card, which is temporarily expired due to your absence from
Ukraine and the expiration of your residence permit. [The Club] cannot transfer money to
cards in bank of countries other than Ukraine due to wartime laws”.
9.
On 18 September 2024, the Player again put the Club in default, requesting the payment
of USD 80,000 and UAH 38,000 per the following amounts and concepts. The Player granted
the Club a deadline of 15 days to fulfil its contractual obligations.
o USD 50,000 as sign-on fee, due on 8 February 2021;
o USD 15,000 and UAH 13,000 as January 2021 salary;
o USD 15,000 and UAH 13,000 as February 2021 salary;
o UAH 6,000 as accommodation allowance for January 2021; and
o UAH 6,000 as accommodation allowance for February 2021.
10. On 25 September 2024, the Club replied to the Player’s default notice rejecting his
entitlement to any of the amounts claimed. In particular, the Club stressed the following:
o The Player’s total remuneration amounted to USD 15,000 per month, “and not
15,000 US dollars plus 13,000 hryvnias, and paid in national currency of Ukraine”.
o The Parties agreed that the Club would reimburse the rental costs rather than
providing the Player with a certain amount of money on a monthly basis as house
allowance.
o The Contract entered into force in February 2021 and, therefore, no
remuneration is due for January 2021.
o The payments for February 2021 were made in full.
o Without prejudice to the foregoing, the Player’s request of payment is timebarred.
11. On 4 October and 23 December 2024, the Player sent two new emails to the Club
reiterating his previous demands.
pg. 4
REF. FPSD-17813
II. Proceedings before FIFA
12. On 16 January 2025, the Player filed the claim at hand before FIFA. A summary of the
Parties’ respective positions is detailed below.
a. Claim of the Claimant
13. The Player argued that the Club undertook to pay him a monthly remuneration of USD
15,000 net and UAH 13,000, as well a sign-on fee of USD 100,000.
14. In this regard, the Player claimed that the following amounts and concepts remain unpaid
by the Club upon expiration of the Contract:
o USD 50,000 as sign-on fee, which was due on 8 February 2021;
o USD 15,000 and UAH 13,000 as monthly remuneration for January 2022; and
o USD 15,000 and UAH 13,000 as monthly remuneration for February 2022.
15. The Player contended that, in its communication dated 25 September 2024, the Club
acknowledged being in default for USD 30,000 yet denied owing the Player UAH 26,000.
16. The Player requested the following relief:
“By filing of this Petition in the FIFA Players’ Status Committee, the Claimant claims:
1. Payment of the unpaid contract amount of USD 80,000 Net.
2. Payment of the unpaid contract amount of UAH 26,000 Net.
3. Interest to be calculated on the damages awarded at the maximum allowable interest
per annum under Swiss law; and
4. An order that the Respondent pay the Claimant’s costs of these proceedings in
accordance with rule 18 of the Procedural Rules, up to the maximum amount of CHF
25,000.00 referred to in the Procedural Rules”.
b. Reply of the Respondent
17. In its reply, the Club argued that, given the particularities of Ukrainian labour law, the
payment terms agreed with the Player were reflected in the Contract as (i) an official salary
in Ukraine Hryvnia under Clause 5.1, and (ii) as the total amount agreed between the
Parties in US Dollar under Annex 2.
pg. 5
REF. FPSD-17813
18. In this regard, the Club contended that the total salary payable to the Player amounted to
USD 15,000 per month, and not USD 15,000 plus UAH 13,000.
19. Furthermore, the Club asserted that, in accordance with Ukrainian labour law, wages are
paid no later than seven days after the end of the period for which the payment is made.
According to the Club, the Player’s salaries were payable on the 7th day for the previous
month and, considering that the Player was registered with the Club on 8 February 2021,
the sign-on fee was payable by 10 March 2021.
20. The Club submitted that (i) “the Claim is time-barred on the basis it was submitted outside the
two-year limitation period and is therefore inadmissible” and (ii) “any payments that could be
made in favour of the Player must be made exclusively in the national currency of Ukraine and
in a manner permitted by the laws of Ukraine”.
21. The Club requested the following relief:
“In the circumstances, the Respondent respectfully requests that the FIFA Football Tribunal
orders that: the Claim is inadmissible and no Salaries and Bonus is due to the Claimant
from the Respondent”.
c. Replica of the Claimant
22. In his replica, the Player reiterated that, on 25 September 2024, the Club admitted that it
owed him USD 30,000, but denied that it owed UAH 26,000 for January and February 2022.
23. The Player argued that his claim “is clearly within the two year limitation time period”,
therefore considering it to be admissible.
d. Duplica of the Respondent
24. In its duplica, the Club insisted in its previous arguments and reiterated its request for
relief.
pg. 6
REF. FPSD-17813
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
25. 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 16 January 2025 and submitted for
decision on 20 May 2025. Taking into account the wording of art. 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.
26. 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 January
2025 edition of the Regulations on the Status and Transfer of Players (hereinafter, the
Regulations), he is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Iranian player and
an Ukrainian club.
b. Admissibility of the claim
27. At this point, the Single Judge referred to art. 23 par. 3 of the Regulations, which stipulates
that the decision-making bodies of FIFA shall not hear any dispute if more than two years
have elapsed since the facts leading to the dispute arose. According to this provision,
application of the aforementioned time limit shall be examined ex officio in each individual
case.
28. In this context, the Single Judge recalled that the present claim was lodged in front of FIFA
on 16 January 2025. Therefore, in line with art. 23 par. 3 of the Regulations, any amounts
fallen due before 16 January 2023 are affected by the statute of limitations.
29. The Single Judge noted that, in the present case, the Player requested the payment of
certain amounts that had fallen due prior to said date. In particular, the Player requested
the payment of part of the sign-on fee which, according to him, was due on 8 February
2021, as well as the January and February 2022 salaries. According to the Player, the Club
had partially acknowledged the debt in its communication dated 25 September 2024.
30. Nonetheless, the Single Judge noted that, in its correspondence dated 25 September 2024,
the Club denied owing the Player any of the amounts claimed. As a result, the Single Judge
decided that the Player’s argument regarding the alleged acknowledgement of debt could
not be upheld.
pg. 7
REF. FPSD-17813
31. Consequently, the Single Judge established that the Player’s claim is inadmissible, as it is
affected by the statute of limitations.
c. Costs
32. 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.
33. 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.
pg. 8
REF. FPSD-17813
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Shahab Zaheditabar, is inadmissible.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 9
REF. FPSD-17813
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. 10