Collection of Footballers’ Outstanding Payments in Turkey: What Can an Unpaid Player Do?

In Turkey, the collection of footballers’ outstanding payments means recovering unpaid wages (salaries), signing fees, match fees, bonuses and similar receivables arising from a professional player’s contract through legal remedies when the club fails to pay them on time. Under Turkish law, the contract between a player and a club is a service contract governed by the Turkish Code of Obligations and is assessed together with the Turkish Football Federation’s (TFF) Regulation on the Status and Transfers of Professional Football Players. The rights of an unpaid player are therefore determined both by general Turkish law and by football-specific federation rules.

This article explains the legal nature of the professional football player contract in Turkey, the payment items that make up a footballer’s receivable, when these become due and the applicable limitation periods, the unpaid player’s right to terminate the contract with just cause, and the collection routes such as the TFF Dispute Resolution Committee, the labour court, execution proceedings and the transfer ban.

Who Is a Professional Football Player in Turkey?

Under Turkish law and football legislation, the distinction between professional and amateur football players is determined based on the player’s income status and the nature of the contract concluded with the club. According to Article 3 of the Turkish Football Federation’s (TFF) Regulation on the Status and Transfers of Professional Football Players, a professional football player is a person who has signed a written contract with a club within the framework of Contract Law and receives a payment exceeding the expenses incurred for football activities under this contract. This definition identifies the player’s professional status based on income and clearly establishes that the essential criterion for acquiring professional status is financial gain.

In contrast, under Turkish football rules, players who engage in football without earning any income or whose earnings fall below their expenses are considered amateur football players under Article 4 of the Regulation. Articles 5 and 6 of the Regulation govern the transition from amateur to professional status and the reversion from professional to amateur status. Furthermore, unless the league rules provide otherwise, professional teams are not permitted to field amateur players in official league and cup matches in Turkey. This underscores that the professional contract is a legally binding document that also has legal consequences in terms of licensing and registration procedures; accordingly, disputes involving the collection of football players’ outstanding payments often arise from the contractual nature of this financial entitlement.

What Is a Professional Football Player Contract in Turkey?

Under Turkish law and football regulations, a professional football player contract is a fixed-term agreement drawn up on the TFF’s standard form under which the player undertakes to perform football activities under the club’s authority in return for remuneration. The legal nature of professional football player contracts is a debated issue in academic literature and judicial decisions; however, these contracts are generally not considered commercial contracts, but rather evaluated within the framework of “obligations” or “contracts of service.”

1. What Is the Legal Nature of a Professional Football Player Contract in Turkey?

Under Turkish law, a professional football player contract is treated not as an employment contract subject to the Labour Code but as a contract governed by the service contract provisions of the Turkish Code of Obligations. This conclusion is reached from the common ground of different views:

• Service Contract View: Some legal opinions classify professional football player contracts as reciprocal agreements that impose obligations on both parties, essentially qualifying them as a type of service contract. This view has been echoed in decisions of the Turkish Court of Cassation, where the contract between a football player and a club has been accepted as a service contract regulated by the Turkish Code of Obligations.
• European Approach: In European jurisprudence, particularly in the Bosman ruling, a professional footballer who enters into a contract of employment with a club in another Member State in order to pursue gainful employment was held to be a worker entitled to rely on the rules on the free movement of workers.
• Exclusion from the Labour Code: Under Article 4/1-g of the Turkish Labour Code No. 4857, professional athletes are excluded from Turkish labour law provisions. Therefore, the relationship between players and clubs is primarily governed by the provisions on service contracts under the Turkish Code of Obligations.

Both approaches identify the fundamental elements of the player-club contract as performance of work, remuneration and subordination. Considering these elements, it is appropriate to conclude that professional football player contracts carry the characteristics of service contracts and should be evaluated within that legal framework. This legal understanding is based on the principle that football players continuously perform services for the club in a dependent manner in return for remuneration, and the collection of players’ financial claims in Turkey should also be evaluated in this context.

2. What Are the Scope and Characteristics of the Contract in Turkey?

Under Turkish law and football regulations, a professional football player contract is a consensual and fixed-term agreement concluded between a player and a club, under which the player agrees to carry out football activities under the club’s authority in return for payment. These contracts are not only based on the mutual will of the parties but are also shaped by federation regulations, club internal rules and international football standards. The contract establishes reciprocal obligations between the club and the player:

• The Player’s Obligations: The player is obliged to participate in training sessions designated by the club, take part in matches, act in accordance with sporting and ethical standards and comply with internal club rules. The player also assumes personal responsibilities such as maintaining good health and preserving performance.
• The Club’s Obligations: In return, the club must pay the player’s wages on time, make social security contributions, and provide medical and infrastructural support.
• The Player’s Rights: The player’s rights under the contract include the right to receive payment (salary, bonuses, match fees, etc.), annual leave, benefit from social security rights and participate in union activities where applicable.

In this respect, professional football player contracts in Turkey resemble classical service relationships and impose both financial and moral obligations on the parties. Issues concerning the collection of footballers’ receivables typically emerge when clubs fail to fulfil these financial obligations, highlighting the contractual nature of such entitlements and the legal remedies available to players in enforcing their rights.

3. What Are the Mandatory Elements of the Contract in Turkey?

Although the TFF Regulations do not list the mandatory elements of a professional football player contract in Turkey in a single article, the standard contract published by the TFF and the applicable legislation establish minimum requirements. These elements are essential for both the validity of the contract in Turkey and its registration with the federation. The mandatory elements of a professional football player contract in Turkey include:

• The player’s personal details, address, and, if applicable, the information of the player’s agent and legal representative, as well as the name of the previous club,
• The legal name, address and representative (name, surname and title) of the club,
• The duration of the contract (not exceeding 3 years for players under 18 and 5 years for others; the end date must in any case be 30 June),
• The salary to be paid (not less than the monthly minimum wage) and every type of remuneration and fringe benefit,
• The signatures of both parties.

In addition to these, the parties may include supplementary clauses, provided they do not contradict mandatory provisions. These often cover benefits such as bonuses, match fees, housing and vehicle allocation, as well as data protection clauses in Turkish practice. Issues such as residence and work permits for foreign players may also be addressed in the contract under the scope of foreign nationals law.

The club must submit the contract to the TFF for registration; a player whose contract is not registered cannot participate in official matches in Turkey. The Regulation also requires every type of payment to the player to be stated expressly in a single contract and prohibits side agreements or protocols providing for additional payments that are not submitted to the TFF. Payments that do not appear in the registered contract therefore create a separate risk for the player when proving and collecting the claim.

Professional football player contracts constitute a specialised field of regulation under both Turkish sports law and general contract law. Since they are based on a dependent working relationship in exchange for remuneration, it is legally accurate to categorise them as service contracts. However, the unique nature of sports, the binding authority of federation regulations and international standards impart a hybrid legal character to these contracts.

For the contract to be performed in Turkey, compliance with the procedural and formal requirements set by the TFF is mandatory in addition to the parties’ mutual consent. In this respect, professional football player contracts differ from conventional employment agreements and represent a multi-dimensional legal structure.

What Is the Legal Nature of Footballers’ Receivables in Turkey?

Under Turkish law, a footballer’s receivable is a contractual money claim for wages and other earnings that a professional player demands from the club on the basis of the professional football player contract, which qualifies as a service contract. The wages and other earnings demanded by footballers from clubs in return for their services constitute a combination of legal rights and obligations and hold a significant place in the management of footballers’ professional careers. The legal nature of footballers’ receivables can be examined under the following headings:

• Nature of Service Contract: The Professional Footballer Contract between the footballer and the club is, in essence, a service contract under the Turkish Code of Obligations rather than an employment contract in Turkey governed by the Labour Code. According to this contract, while the footballer commits to providing the designated services for the club, the club also commits to making payments in return.
• Debt Relationship: Footballer debts express the right to claim collection of football players’ outstanding payments against clubs. While the footballer provides services using the facilities provided by the club, the club fulfils its part by making payments in return, and this creates a debt relationship between the parties.
• Wage Debts: The basic debts owed to footballers are the wages they are entitled to under the contract. Monthly wages, guaranteed wages, match fees and other regular payments are included in the footballer’s earnings as stipulated by the contract and are considered mutually owed payments within the framework of the service relationship.
• No Labour Code Compensation: Since football players are not covered by the Turkish Labour Code, they are not entitled to compensations such as notice payment, severance pay, dismissal compensation or reinstatement lawsuit claims. A player whose contract is unjustly terminated therefore cannot rely on the Labour Code protections for wrongful termination; the claims are determined under the Code of Obligations and the TFF regulations.
• Claims of Rights: Football player debts represent the contractual claims of rights based on the terms of the contract. Footballers demand their compensation by fulfilling the conditions stipulated in the contract, and this forms the legal process of seeking rights.
• Release and Termination: In some cases, footballers might be compelled by the club to sign a “release” when they want to terminate their contracts. This signifies their agreement to relinquish the collection of players’ financial claims in exchange for contract termination.

What Are the Types of Football Players’ Receivables in Turkey?

In Turkey, the scope of professional football player debts is determined by the Professional Footballer Contracts signed between footballers and clubs. These contracts regulate all payments and earnings that footballers are entitled to in exchange for their services in the clubs, and football player debts can vary based on their performance, club success and contract terms. The answer to the question of how footballers get paid in Turkey lies in these payment items.

Footballer debts in Turkey can generally be categorised under the following headings:

1. Monthly Wages: Professional footballers receive regular monthly wages as defined in their contracts. This represents the basic salary that the footballer receives regularly in exchange for their services at the club and, under the Regulation, it cannot be less than the monthly minimum wage. Since Article 398 of the Turkish Code of Obligations defines overtime as work beyond the normal working hours set by the relevant laws, and the Labour Code that sets those hours does not apply to footballers, football players are, as a rule, not entitled to claim overtime pay in Turkey. Factors such as the footballer’s skills, experience, market value and the club’s financial situation influence wage determination.
2. Guaranteed Wage: The concept of a “guaranteed wage” present in some contracts refers to the minimum wage the footballer will receive. Even if the club faces financial difficulties, the guaranteed wage secures the footballer’s minimum income.
3. Signing Fee (Advance): When footballers sign a contract with a new club, the signing fee is a type of payment they become entitled to from the moment they sign. This represents a predetermined amount of money that the footballer receives upon joining the club or renewing the contract.
4. Match Fee: Match fees are payments footballers receive for participating in official matches. These fees are paid each time the footballer plays in a match and are a performance-based footballer receivable.
5. Bonuses: Payments made based on achievements. Payments can be awarded for victories in the league or international tournaments, championships or reaching a certain number of goals.
6. Image Rights and Other Fringe Payments: Image rights fees agreed in return for the club’s use of the player’s name and image, as well as fringe benefits such as housing and a car, are also part of the footballer’s receivables. Since the Regulation requires every payment to the player, whatever its name, to be shown in the registered contract, payments based on a separate image rights protocol may be disputed at the collection stage.
7. Sponsorship and Commercial Earnings: Some footballers can earn income through sponsorship agreements or commercial activities outside of the club. Such agreements vary based on the footballer’s popularity and recognition; however, these earnings are claimed from the counterparty to the agreement, not from the club.
8. Transfer Fees: When footballers transfer from one club to another, they might receive a transfer fee from the old or new club. This fee can vary based on the footballer’s transfer value, contract duration and agreements with the other club.

The collection of footballers’ receivables involves addressing financial obligations arising from the contractual relationship between footballers and club management, as governed by both the signed agreements and relevant football regulations. The scope of these debts can vary significantly depending on factors such as the player’s age, career level, market value and on-field performance. Under Turkish law, each payment item arises from a different event and therefore becomes claimable on a different date. The table below summarises the basis and the time of accrual of the items listed above:

When Do Footballers’ Outstanding Payments Become Due in Turkey and How Are They Claimed?

Under Turkish law, a footballer’s receivable becomes due on the payment date agreed in the contract; if no payment date is set, it can be demanded as soon as it arises and the club falls into default upon the player’s notice. Debts arising from professional football player contracts become due under specific conditions, granting the player the right to demand the collection of footballers’ outstanding payments. The determination of when these payments become due and how they can be claimed is shaped by the relevant provisions of the Turkish Code of Obligations and applicable principles.

1. What Are the Conditions for the Due Date (Collectibility) in Turkey?

Under the Turkish Code of Obligations, for a footballer’s receivable to become due and for the club to fall into default, either a specified payment date or a notice is required. Under Article 90 of the Turkish Code of Obligations, if no time of performance has been agreed, the debt becomes due when it arises; under Article 117 of the Turkish Code of Obligations No. 6098, where the payment date has been agreed, the club falls into default automatically once that date passes. If no specific date is set, a notice must be sent by the creditor for the club to fall into default. This notice informs the debtor that the debt is being claimed and must be paid.

2. How Is the Due Date Determined for Each Payment Item in Turkey?

In Turkey, professional footballers’ earnings are gathered under various categories, and the collectibility of each receivables category can vary. For instance, payment dates for monthly wages, guaranteed wages and signing fees are often specified in contracts, and collectibility occurs automatically on these dates. However, if the payment date of performance-based payments such as match fees and bonuses has not been predetermined, a notice may need to be sent to the club to place it in default for the collection of receivables of footballers in Turkey.

3. How Does the Debt Collection Process for Footballers’ Outstanding Payments Work in Turkey?

After the conditions for collectibility are fulfilled, the process for the collection of players’ financial claims begins in Turkey. When a due but unpaid obligation arises, the creditor sends a formal notice to the debtor club to initiate the collection of players’ financial claims in Turkey. This notice serves as a reminder of the club’s legal obligation to fulfil the payment, and if the club still fails to make the payment, legal proceedings are initiated to enforce the claim.

Under Turkish law, a notarised notice is not a statutory precondition for extrajudicial execution proceedings; however, it is a mandatory step for the start of default and interest on debts without a payment date, for the TFF’s overdue-payment sanctions and for just-cause termination. For this reason, sending a notarised notice is recommended as the first step in the recovery of footballers’ outstanding payments in Turkey.

4. How Should a Formal Notice (Letter for Outstanding Payment) Be Sent to a Club in Turkey?

In Turkey, a formal notice for a footballer’s outstanding payment is a written demand served on the club through a notary public, stating each unpaid item, its amount, its due date and the deadline given for payment. For termination due to unpaid wages, the TFF Regulation requires a copy of the notice to be sent to the TFF for information as well. A defective notice may jeopardise both the overdue-payment sanctions and the right to terminate with just cause. A letter for outstanding payment sent to a Turkish club should contain the following elements:

• Details of the Parties: The player’s identity details and the club’s legal name and the address stated in the contract.
• Unpaid Items and Amounts: The amount and due date of each unpaid monthly wage, guaranteed wage, signing fee, match fee and bonus should be listed separately.
• Deadline for Payment: If termination is intended, the minimum 30-day period under the Regulation should be granted; if only overdue-payment sanctions are sought, a period of at least 10 days should be granted.
• Legal Consequences: The notice should state that, if payment is not made in time, the contract will be terminated with just cause, enforcement and court proceedings will be initiated and default interest will be claimed.
• Bank Account: The bank account into which payment is to be made should be specified.

5. What Is the Relationship Between Club Fines and the Player’s Receivables in Turkey?

In Turkey, clubs might in some cases impose fines on footballers, which can be deducted from the footballers’ receivables. However, footballers can request the cancellation of fines with valid reasons, and in this case legal action might need to be taken. The relationship between fines and footballers’ receivables should be approached with consideration of legal processes and avenues for appeal, requiring the assistance of a specialised sports law attorney in Turkey.

6. What Is the Limitation Period for Footballers’ Receivables in Turkey?

Under Article 147(1) of the Turkish Code of Obligations, a footballer’s periodic wage claims, such as monthly salaries, are subject to a five-year limitation period. Under Article 149 of the Code, the limitation period starts to run separately for each payment item from the date on which it became due. By contrast, the TFF Arbitration Board has held that a signing fee (advance) payable in a lump sum on a date fixed in the contract, without any condition, is not a periodic payment and is therefore subject to the general ten-year limitation period under Article 146; each payment item should therefore be assessed according to how it is paid.

In conclusion, the recovery of footballers’ outstanding payments and the process of immediate collectibility are governed by the relevant provisions of the Turkish Code of Obligations. Taking timely steps such as sending formal notices and seeking legal counsel is essential to protect footballers’ rights and ensure the effective recovery of their outstanding payments in Turkey; the support of a sports law attorney is of great importance for the proper management of professional footballers’ receivables and for legal certainty.

What Are the Ways to Collect a Footballer’s Outstanding Payments in Turkey?

In Turkey, the main routes for collecting a footballer’s outstanding payments are a notarised notice, a claim before the TFF Dispute Resolution Committee, a debt claim lawsuit before the labour court, extrajudicial execution proceedings, a transfer ban request before the TFF and, where necessary, termination of the contract with just cause; foreign players may also apply to FIFA. Since the Turkish Constitutional Court removed the Committee’s exclusive jurisdiction, a player whose contract does not accept the Committee’s jurisdiction can go to the labour court after mandatory mediation, or directly to the execution office in Turkey. An unpaid player may also give the club 30 days to pay by notarised notice and, if payment is not made, terminate the contract with just cause within 7 days after that period expires.

Which route fits depends on the jurisdiction clause in the contract, whether the player is a foreign national and whether the claim is supported by documents. The table below summarises the remedies available for the recovery of footballers’ outstanding payments in Turkey and when each is used; each route is discussed separately in the following sections:

Can an Unpaid Footballer Terminate the Contract with Just Cause in Turkey?

Under the TFF Regulation, an unpaid professional footballer in Turkey sends a notarised notice to the club, with a copy to the TFF, demanding payment within 30 days; if the club does not pay within that period, the player may terminate the contract with just cause within 7 days after the period expires. This procedure is set out in Article 28 of the Regulation on the Status and Transfers of Professional Football Players. The periods in the Regulation cannot be changed to the player’s detriment and may only be shortened in the player’s favour with the club’s written consent.

1. Notice and Termination Periods for Just Cause in Turkey

In Turkey, the TFF Regulation links the player’s right of just-cause termination to different periods depending on the type of obligation breached by the club:

• Unpaid Wages: The player demands payment of the wages within 30 days by notarised notice; if payment is not made, the player exercises the right of termination within 7 days after the period expires.
• Failure to Register with Social Security (SGK): The player demands registration with the Social Security Institution within 60 days by notarised notice; if registration is not made, the player may terminate within 7 days after the period expires. Under-reporting of insurable earnings, however, does not give a right of termination on this basis.
• Breach of Other Obligations: If the club breaches its other contractual obligations, the player demands that the breach be remedied within an appropriate period of at least 30 days and may terminate within 7 days after that period expires.
• Start of the Periods: The TFF notifies the club of the notice sent to it within 7 days at the latest; the periods run from whichever of the notarised notice and the TFF notification was served on the club first.

2. How Is Notice of Termination Given in Turkey?

A player wishing to exercise the right of termination in Turkey must make the termination statement by serving a notification through a notary public and must send a copy to the TFF for information. Upon receiving the copy, the TFF records the termination and informs the parties. If the 7-day termination period is missed, the player cannot terminate on the basis of that notice and must send a new one.

3. What Are the Consequences of Just-Cause Termination in Turkey?

In Turkey, under the TFF Regulation, no sporting sanction is imposed on a player who terminates the contract with just cause because the club failed to pay wages, and the player may claim both accrued receivables and damages resulting from the termination. Under the Regulation, sporting sanctions apply only where the player terminates the contract without just cause within the protected period. Article 437 of the Turkish Code of Obligations applies to the player’s compensation claim: where the just cause results from one party’s failure to comply with the contract, that party must fully compensate the damage it caused, taking into account all rights arising from the service relationship.

How Are Footballers’ Receivables Resolved Through the TFF Dispute Resolution Committee (DRC) in Turkey?

The TFF Dispute Resolution Committee (DRC) is the federation’s internal body in Turkey that decides contractual payment disputes between players and clubs, provided that the parties have accepted its jurisdiction in the contract. The football world has developed various mechanisms over the years to resolve disputes arising between footballers and clubs. In Turkey, one of the fundamental mechanisms for resolving such disputes, like the collection of unpaid wages of footballers, is the Dispute Resolution Committee operating under the Turkish Football Federation (TFF).

1. What Are the Conditions for Applying to the Dispute Resolution Committee in Turkey?

For disputes arising from contracts between footballers and clubs to be resolved within the DRC in Turkey, certain conditions must be met. Apart from training compensation and sporting sanction disputes, the Regulation leaves the parties free to accept or reject the Committee’s jurisdiction; it is therefore necessary to have a contract or a written agreement between the parties that recognises the authority of the DRC. Additionally, the application must be made in the form of a proper petition with the necessary attachments.

2. How Does the Resolution Process of the Dispute Resolution Committee Work in Turkey?

To apply for the collection of footballers’ receivables in Turkey, a petition and the necessary attachments that meet the mandatory conditions set by the DRC are submitted. Following the application, the statement of claim is served on the opposing party by the TFF, primarily by e-mail to the address in the TFF records. Under the DRC Regulation, the Committee examines cases as a rule on the file and decides itself whether a hearing will be held. The resolution process through the DRC yields results faster than general court proceedings. An appeal against a DRC decision may be lodged with the Arbitration Board within 7 days of service; decisions not appealed and Arbitration Board decisions on appeal become final. However, DRC decisions about the enforcement of footballers’ financial claims in Turkey cannot be subjected to execution proceedings based on a court judgment.

However, in the Turkish Court of Cassation, 12th Civil Chamber, Case No. 2011/14761, Decision No. 2011/17701, dated 04.10.2011, final DRC decisions were treated as documents issued by competent authorities within their powers and in due form under Article 68 of the Execution and Bankruptcy Law, and the removal of the objection in extrajudicial execution proceedings based on such a decision was upheld. The Chamber reached this result under the legislation in force when the DRC had exclusive jurisdiction over football disputes; how this approach applies after the Constitutional Court’s 2018 annulment, in disputes where the DRC’s jurisdiction is accepted by contract, should be assessed separately.

3. How Are Dispute Resolution Committee Decisions Enforced in Turkey?

To enforce DRC decisions regarding the collection of footballers’ receivables in Turkey, an application can be made to the TFF. Upon the creditor’s written request, the TFF imposes administrative sanctions on a club that fails to pay a debt established by a final decision of a federation body and records that debt as an obstacle to the registration of new players. This process is crucial for the effective implementation of DRC decisions and achieving a resolution for the parties.

The resolution of footballers’ receivables within the DRC aims to provide a quick and effective resolution to disputes between footballers and clubs. The DRC operates on the basis of application details and legal regulations. Footballers and clubs can use this mechanism effectively to protect their rights and reach a fair resolution for the collection of unpaid wages of footballers in Turkey.

4. How Did the Jurisdiction of the Dispute Resolution Committee Change in Turkey?

With the change in the DRC’s jurisdiction due to a decision by the Turkish Constitutional Court on 18 January 2018, which annulled paragraph 2 of Article 5 of Law No. 5894 on the Establishment and Duties of the Turkish Football Federation, the exclusive jurisdiction of the DRC was abolished. The DRC’s jurisdiction now depends on the mutual acceptance of the parties. Following this change, the obligation to resolve disputes arising from the collection of football players’ debts before the DRC no longer exists.

5. Can Sanctions Be Requested from the DRC for Overdue Payments in Turkey?

Under the TFF Regulation, a player may apply in writing to the DRC in Turkey and request sanctions against a club that delays payment by more than 30 days without a contractual just cause. For this purpose, the player must have sent the club a notarised written notice and granted it at least ten days to pay. This application does not replace a lawsuit or enforcement proceedings for the collection of the debt; it is a disciplinary mechanism that pushes the club to pay.

6. Comparison of the DRC and the General Courts in Turkey

In Turkey, the choice between the DRC and the general courts depends on the jurisdiction clause in the contract and on how the decision will be enforced. The table below compares the two routes by their main differences:

Can Footballers Sue for Outstanding Payments in the General Courts in Turkey?

Footballers can sue for outstanding payments in the general courts in Turkey; since the DRC’s exclusive jurisdiction has been removed, a player whose contract does not accept the DRC’s jurisdiction may file a debt claim before the competent court. Football activities are shaped around the contracts signed between players and clubs, and the receivables arising from these contracts represent the players’ economic rights. The collection of football players’ outstanding payments in Turkey through general courts has become an important legal mechanism.

Following the change in the authority of the Dispute Resolution Committee (DRC), footballers and clubs in Turkey can now bring disputes related to footballers’ receivables before general courts, beyond the jurisdiction of the DRC. However, certain types of disputes, such as sporting sanctions and training compensation, remain exceptions and continue to fall within the jurisdiction of the DRC.

1. Which Court Has Jurisdiction over Footballers’ Receivables in Turkey?

In Turkey, the court of jurisdiction for footballers’ receivables in cases filed on or after 25 October 2017, when Labour Courts Law No. 7036 entered into force, is the labour court, whether the club is an association or a company. Contracts between footballers and clubs are considered service contracts and footballers are excluded from the scope of the Labour Law No. 4857; however, Article 5 of Law No. 7036 extended the jurisdiction of the labour courts to disputes between employers and workers bound by service contracts under the Turkish Code of Obligations. Therefore, what determines the court of jurisdiction for footballers’ receivables in Turkey is the service-contract nature of the agreement, not the legal status of the club.

In the Turkish Court of Cassation, 3rd Civil Chamber, Case No. 2020/7165, Decision No. 2020/5239, dated 01.10.2020, concerning an action for annulment of objection over the wage claim of a professional athlete bound to his club by a service contract, it was held that under Articles 5/1-a and 38 of Law No. 7036 the labour court has jurisdiction over cases filed after 25 October 2017. The Chamber stressed that the preliminary objection based on the federation arbitration clause in the contract must also be assessed by the competent labour court, and reversed in the interest of the law the civil court’s decision dismissing the case on procedural grounds.

Cases filed before Law No. 7036 were heard by the general courts, as a rule by the Civil Court of First Instance. The fact that the football club operates as a company does not change this result. Since the footballer is not a merchant, the dispute does not concern the commercial enterprises of both parties under Article 4 of the Turkish Commercial Code, so it is not a commercial case and is not heard by the Commercial Court of First Instance.

2. Is Mediation Mandatory for a Footballer’s Debt Claim in Turkey?

Since a footballer’s payment claim is heard by the labour court in Turkey, applying to a mediator before filing the lawsuit is a precondition under Article 3 of Labour Courts Law No. 7036. The same rule applies to actions for annulment of objection, negative declaratory actions and restitution actions concerning the same claim. If it emerges that the lawsuit was filed without applying to a mediator, the case is dismissed on procedural grounds for lack of a cause of action requirement without any further step.

Where a footballer’s claim is filed before the civil court and sent to the labour court by a decision of lack of jurisdiction, the timing of mediation becomes decisive under Turkish law. In such a case, the Court of Cassation, 9th Civil Chamber, Case No. 2024/747, Decision No. 2024/4200, dated 05.03.2024 accepted by majority that the mediation requirement was met where mediation was completed before the file was registered with the labour court; nevertheless, applying to mediation before filing the lawsuit avoids the risk of losing rights.

3. How Does the Process of Filing a Lawsuit in General Courts for Footballers’ Unpaid Wages Work in Turkey?

The party wishing to file a lawsuit in general courts for the collection of footballers’ unpaid wages in Turkey prepares a lawsuit petition. This petition provides detailed information about the subject of the dispute, the parties’ claims and the legal grounds. The lawsuit petition is submitted to the competent court, initiating the legal process.

4. How Do Execution Proceedings and the TFF Application Work After a Judgment in Turkey?

In Turkey, decisions obtained from the competent courts on footballers’ financial claims empower the creditor to initiate enforcement proceedings against the debtor club on the basis of the judgment. Alongside this process, the enforcement of the judgment allows for the collection of football players’ outstanding payments, including salaries. Furthermore, for debts established by a final court judgment and for parties failing to comply with DRC decisions, an application can be made to the TFF, which may impose administrative sanctions.

In conclusion, the collection of football players’ outstanding payments in Turkey can now be addressed in general courts due to the change in the DRC’s jurisdiction. Footballers and clubs can exercise their right to file lawsuits in general courts to effectively defend their rights and claims related to footballers’ financial claims, and this process facilitates the equitable resolution of footballers’ financial claims in Turkey.

How Does the Execution Process for the Collection of Footballers’ Receivables Work in Turkey?

In Turkey, a footballer’s receivable can be subjected to extrajudicial execution proceedings on the basis of the professional football player contract without waiting for a court judgment; if the club does not object, the proceedings become final and the club’s assets can be seized. One crucial aspect within the legal dimension of football activities is the enforcement of footballers’ receivables through execution proceedings. Execution proceedings can be initiated to collect outstanding payments arising from footballer contracts and to apply seizures for the collection of footballers’ receivables in Turkey.

1. On What Basis Are Extrajudicial Execution Proceedings Initiated in Turkey?

In the Turkish legal system, execution proceedings can be initiated extrajudicially by the creditor against the debtor. However, for this process to proceed smoothly, there needs to be a basis for the debt. The basis of a footballer’s receivable lies in the contracts signed between the footballer and the club. These contracts define the rights and obligations of the footballer and specify the payments the club is obligated to make to the footballer.

2. How Do Extrajudicial Execution Proceedings Start and How Can the Club Object in Turkey?

When the due date of the debt arrives, the creditor can initiate extrajudicial execution proceedings in Turkey. For recovery of footballers’ outstanding payments without a specified due date, sending a notice to the debtor club before the proceedings works in the player’s favour as regards default and interest. In extrajudicial execution proceedings, a payment order is served on the debtor club, which may object within seven days of service. If the club does not object to the payment order, the proceedings become final.

However, clubs typically object to execution proceedings, and the objection suspends the proceedings. With the suspension of the proceedings, seizure cannot be applied for the collection of football players’ outstanding payments in Turkey.

3. What Is a Lawsuit for the Annulment of Objection in Turkey and Can Execution Denial Compensation Be Claimed?

To continue proceedings suspended by the club’s objection, the footballer may file a lawsuit for the annulment of objection before the labour court in Turkey, after mandatory mediation, within one year of service of the objection. Regardless of the reasons for the objection to execution proceedings, the creditor needs to provide documentary evidence to continue the proceedings. If the proceedings are based on a deed containing an acknowledgement of debt whose signature is admitted or certified by a notary, or on a document issued by competent authorities in due form, the creditor may also request removal of the objection from the execution court under Article 68 of the Turkish Execution and Bankruptcy Law within six months of service of the objection.

If the Turkish court rules that the club’s objection was unjustified, it orders the club, upon the creditor’s request, to pay execution denial compensation of not less than 20% of the amount awarded. Bad faith is required not for the debtor but for compensation against a creditor whose proceedings are found unjustified and in bad faith. If the court annuls the objection in the lawsuit for the annulment of objection, the execution proceedings continue from where they stopped.

4. What Seizure Procedures Follow Final Execution Proceedings in Turkey?

In Turkey, if no objection is raised to execution proceedings or if the objection is lifted or annulled by the court, the execution proceedings become final. Following this stage, an application is made to the execution office for the collection of footballers’ receivables, and seizure procedures can begin for the collection of debts. This process involves seizing the assets of the debtor club with the aim of collecting the debt.

In summary, extrajudicial execution proceedings for collecting footballers’ receivables in Turkey can be initiated based on the foundation of the debt. If an objection is raised to the execution proceedings, a lawsuit for the annulment of objection can be filed with the submission of supporting documents. This process offers an effective way to collect debts within the legal dimension of football activities, and footballers and clubs can use extrajudicial execution proceedings to protect their rights and collect their debts.

What Football-Specific Seizure Methods Are Used for Collecting Footballers’ Outstanding Payments in Turkey?

In Turkey, once the proceedings for a footballer’s receivable become final, the club’s trademark rights, sponsorship receivables, match revenues and transfer fee receivables can be seized through football-specific seizure methods. The collection of footballers’ receivables in Turkey related to football activities encompasses a diverse and unique realm of legal processes and practices. After the finalisation of execution proceedings, the execution of seizures takes place, considering the distinctive conditions and structure of the football domain.

The recovery of footballers’ outstanding payments can occur through different methods depending on the type of execution. However, once the execution process becomes final, meaning that the debtor’s objection is lifted or annulled by the court, seizure procedures come into play for the collection of footballers’ receivables in Turkey. During this stage, the contracts and documents forming the basis of the debt are used as the foundation.

Football’s unique structure and operation also influence seizure processes. Football-specific seizure methods most commonly employed for the collection of players’ financial claims in Turkey include:

• Seizure of Intellectual and Industrial Property Rights: Intellectual and industrial property rights owned by football clubs are also among the assets subject to seizure during collection processes. One method used in the collection of receivables is for creditors to request the Turkish Patent and Trademark Office to place a lien on the club’s trademark rights.
• Sponsor Companies and Seizure Notices: Sending seizure notices to sponsor companies to reach the club’s receivables arising from sponsorship agreements is another frequently employed practice. In this way, creditors can seize the amounts that sponsor companies are to pay to the club.
• Revenue Seizure and Transfer Fees: One of the primary sources of income in football activities is match revenues. Creditors can initiate revenue seizures by sending letters to Passolig or the club’s affiliated enterprises. Furthermore, to reach the transfer fee receivable for players sold by the debtor club, seizure letters can also be sent to the club that acquired the player.

The recovery of footballers’ outstanding payments in Turkey arising from football activities takes into account the unique characteristics of the football world’s structure and operations. For this reason, obtaining legal assistance will help prevent a potential loss of rights by ensuring that seizable assets are correctly identified.

How Is a Transfer Ban Imposed Due to Unpaid Footballer Claims in Turkey?

In Turkey, a transfer ban for unpaid footballer claims means that, upon the creditor’s written request, a club that fails to pay a debt established by a final TFF body decision, Arbitration Board decision, final court judgment or FIFA/CAS decision cannot register its newly transferred players with the TFF. Football activities entail unique legal and administrative processes for debt collection. The purpose of a transfer ban is to restrict the debtor club’s transfer activities to ensure the collection of the debt.

1. What Are the Conditions for a Transfer Ban in Turkey?

In Turkey, if a footballer’s wages are not paid, the creditor footballer can apply to the Turkish Football Federation (TFF) in writing, together with the final decision establishing the debt, to request sanctions against the club. The most effective administrative sanction imposed by the TFF is known as a transfer ban:

• Final Decision: A transfer ban applies only to debts contained in decisions of the TFF First Instance Legal Board or Board of Directors not appealed in time, Arbitration Board decisions, final decisions of the competent judicial authority where the DRC’s jurisdiction was not accepted, and FIFA, UEFA or CAS decisions.
• Written Request: A transfer ban is not imposed automatically; the creditor must make a written request to the TFF.
• Effect: The transfer ban prevents clubs from registering the contracts of transferred players with the TFF; the club cannot register new transfers unless it proves that the debt has been paid or that the creditor consents.

2. Can a Player Who Has Started Execution Proceedings Request a Transfer Ban in Turkey?

For the TFF to impose a transfer ban, the creditor footballer must not be pursuing the same debt through execution proceedings in Turkey. If the debtor club notifies the TFF in writing, with official documents, that the creditor has initiated execution proceedings for the same debt, that debt does not lead to a transfer ban unless the proceedings are withdrawn. However, if the club does not inform the TFF of the execution proceedings, the TFF does not investigate this on its own.

3. How Long Does a Transfer Ban Last and What Other Sanctions Apply in Turkey?

In Turkey, a transfer ban based on a final decision lasts until the club pays the debt or the creditor consents to registration. A transfer ban imposed by the DRC for overdue payments lasts one or two registration periods depending on repetition of the breach. Additionally, the TFF can impose different administrative sanctions such as warnings, reprimands and fines on clubs regarding debt collection; these measures aim to encourage clubs to make payments and protect footballers’ rights.

4. Can Points Be Deducted from a Club for Not Paying Players’ Salaries in Turkey?

In Turkey, the TFF Regulation on the Status and Transfers of Professional Football Players and the FIFA Regulations on the Status and Transfer of Players provide not for point deductions but for warnings, reprimands, fines and bans on registering new players as sanctions for unpaid player claims. A club that fails to pay despite a payment decision of the FIFA Football Tribunal faces, upon the creditor’s request, a ban on registering new players nationally and internationally until the amount is paid, for up to three entire registration periods. Before the TFF, the debt in a final decision blocks the club’s new registrations until it is paid or the creditor consents.

5. Can a Player Waive Claims by Agreement with the Club in Turkey?

In some cases, footballers in Turkey may be coerced into waiving their claims by reaching mutual agreements with the club. Although renouncing claims through agreements is presented as one of the resolution methods, it is important for both footballers and clubs to be cautious about the legal validity and consequences of such agreements. The world of football involves legal and administrative processes shaped by its unique structure and regulations, and the transfer ban stands out as an effective sanction method for ensuring the collection of football players’ outstanding payments in Turkey.

What Is Pressure to Sign Waivers for Footballers’ Outstanding Payments in Turkey?

In Turkey, pressure to sign a waiver means that a club makes a player who wants to terminate the contract sign a document stating that he partially or fully renounces his overdue receivables. When it comes to football players’ receivables, at times footballers can be faced with a challenging decision to resolve issues with their club. At this point, footballers may be forced to sign waivers containing provisions they do not agree with.

Following the removal, by the Constitutional Court decision, of the exclusive jurisdiction of the TFF first-instance legal boards, including the Turkish Football Federation Dispute Resolution Committee (DRC), disputes about footballers’ receivables in Turkey can now be taken to general courts. This development has made it possible for footballers to reclaim debts they had waived through releases in Turkey.

Based on the results of lawsuits filed in general courts and the decisions of the Court of Cassation, footballers who were forced to waive their debts through forced releases can now have the opportunity to reclaim their past debts by nullifying these releases. The debt collection process for footballers’ receivables in Turkey can sometimes require tough legal decisions, and these lawsuits offer a significant opportunity for past debts to be reclaimed.

What Is a Release Agreement Terminating a Player’s Contract in Turkey and When Is It Valid?

Under Turkish law, a release concerning a footballer’s receivables from the club is absolutely null and void if it does not meet the conditions of Article 420 of the Turkish Code of Obligations. The termination of the relationship between professional football players and their clubs often occurs through mutual agreements, and one of the methods used during this termination process is the “release agreement.”

1. What Is the Difference Between Mutual Termination and a Release Agreement in Turkey?

Article 26 of the Regulation on the Status and Transfers of Professional Football Players governs the mutual termination of the contract between the footballer and the club in Turkey. For a mutual termination to be entered in the TFF records, the termination agreement must be submitted digitally to the TFF together with the notarised signature circular showing the persons authorised to represent the club. However, this registration step does not make the release provisions added to the termination agreement valid under the law of obligations.

Since the professional football player’s contract constitutes a service relationship, the provisions regarding service contracts in the Turkish Code of Obligations (Law No. 6098) are applied for dispute resolution. Release provisions showing that the footballer waives claims are therefore subject to the Code’s conditions on release agreements, independently of submission to the TFF.

2. What Are the Validity Conditions of a Release Under Article 420 of the Turkish Code of Obligations?

For the release agreement that terminates the professional football player’s contract to be valid, it must comply with the conditions set out in paragraph 2 of Article 420 of the Turkish Code of Obligations. Under that paragraph, a release agreement concerning the worker’s claims against the employer must be in writing, at least one month must have passed from the termination of the contract as of the date of the release, the type and amount of the released claim must be stated explicitly, and payment must be made without any shortfall in relation to the amount due and through a bank; release agreements or releases that do not contain these elements are absolutely null and void under Turkish law. These conditions can be summarised as follows:

• Written Form: The release must be in writing.
• One-Month Period: At least one month must have passed since the contract’s termination date as of the date of the release.
• Type and Amount of the Claim: The type and amount of the released claim must be explicitly stated in the release agreement.
• Full Payment Through a Bank: Payment must be made in full and through a bank transaction.
• Consequence of Underpayment: Under paragraph 3 of Article 420, release agreements or payment documents containing a release statement that do not show payment of the right in its actual amount have the effect of a receipt limited to the amount they contain; even then, payment through a bank is mandatory.

If these conditions are not met, the release agreement will be considered absolutely null and void under Turkish law. Therefore, the release agreement that terminates the relationship between the footballer and the club should be drafted in accordance with the above-mentioned conditions; otherwise, a release statement in which the footballer waives past claims will not be legally valid.

The Court of Cassation, 13th Civil Chamber, Case No. 2015/39675, Decision No. 2016/9346, dated 04.04.2016 is a typical example of how these conditions apply to professional football player contracts in Turkey. In that case, the release was drawn up on the same day the contract was ended by mutual agreement; the Chamber found that the termination date and the release date were the same, that the amount of the released claim was not stated explicitly and that payment had not been made through a bank, held the release invalid and reversed the judgment dismissing the player’s claim.

In conclusion, release agreements that terminate professional football player contracts in Turkey must be drafted and executed in compliance with specific legal conditions. By adhering to the requirements of Article 420 of the Turkish Code of Obligations, both footballers and clubs can establish a solid legal foundation for the process of waiving claims by signing a valid release agreement.

How Can Monetary Fines Imposed on Professional Football Players Be Cancelled in Turkey?

In Turkey, a monetary fine imposed by a club on a professional player lacks a legal basis and can be cancelled if it is not based on internal regulations registered with the TFF and served on the player, or on a contract provision, and if the fine decision was not notified through a notary in time. Within the scope of professional football contracts, clubs may exercise disciplinary authority and impose various sanctions in response to players’ violations of contractual and sporting obligations. In this context, disciplinary breaches recognised in Turkish football such as poor performance, unexcused absences from training, actions that disrupt team discipline, as well as insulting or physically assaulting club staff or teammates, are considered unethical behaviours that may be subject to monetary fines.

The amount and type of monetary penalties imposed by football clubs on professional players are not regulated in detail under general legislation or the regulations of the Turkish Football Federation (TFF). For such fines to be legally valid, certain legal conditions and grounds must be met.

1. Under What Conditions Is a Fine Imposed on a Footballer Valid in Turkey?

To avoid the cancellation of monetary fines imposed on football players in Turkey and to validate such fines, clubs should rely on the following elements:

• Internal Regulations Complying with the Regulation: Internal regulations or disciplinary regulations prepared by the clubs in accordance with Articles 24(c) and 24(d) of the Regulation on the Status and Transfers of Professional Football Players,
• Contract Provisions: Provisions included in the Professional Football Player Contracts signed between clubs and football players.

In order for internal regulations and disciplinary regulations drafted for the following season to become effective in Turkey, they must be sent to the TFF at least one week before the start of the season. Additionally, these internal regulations must be delivered to football players through a notary or against signature.

The club must also notify the fine decision, together with its reasons, amount and a notarised copy of the decision, to the player and to the TFF through a notary within 15 days of the decision at the latest. Failure to fulfil these formalities will undermine the legal basis under Turkish law of the monetary fines imposed by the clubs.

2. How Can a Player Challenge a Fine in Turkey?

In Turkish legal practice, clubs document the disciplinary regulations submitted to the TFF and deliver them to football players through specific notification documents. Especially for foreign football players, translated versions of disciplinary regulations are presented for notification.

To ensure the cancellation of monetary fines imposed on them, football players often lodge objections after the termination of the contract and raise issues regarding the validity or legal basis of these monetary fines. Such situations can lead to litigation in Turkish general courts, or the Dispute Resolution Committee and the TFF Arbitration Board can be applied to in order to initiate legal processes.

In conclusion, for the legal basis of monetary fines imposed on professional football players in Turkey to be established, compliance with internal regulations and contract provisions is crucial. In this framework, protecting football players’ rights and following a process based on legal foundations are essential.

Can Foreign Footballers in Turkey Take Their Claims to FIFA?

A foreign footballer playing for a club in Turkey can bring a wage dispute with an international dimension before the Dispute Resolution Chamber of the FIFA Football Tribunal under the FIFA Regulations on the Status and Transfer of Players. Under Article 22 of the FIFA Regulations, FIFA has jurisdiction over employment-related disputes between a club and a player with an international dimension; the parties may instead send such disputes to a national dispute resolution chamber recognised by FIFA only by an exclusive written clause in the contract or in a collective bargaining agreement. The player’s right to apply to a civil court is also reserved.

The jurisdiction clause in the foreign player’s contract therefore plays a decisive role in determining which body to apply to. Since a professional football player contract drawn up in a foreign language must be submitted to the TFF with a sworn Turkish translation certified by a notary, notices, applications and lawsuits in Turkey proceed on Turkish documents, and foreign players usually work with an English-speaking lawyer in Turkey for these steps.

• Overdue Payables: FIFA rules allow sanctions against a club that delays payment by more than 30 days, provided that the creditor has given written notice and granted at least 10 days to pay.
• Just-Cause Termination: If the club fails to pay at least two monthly salaries on their due dates, the player may terminate the contract with just cause after granting at least 15 days by written notice.
• Enforcement of the Decision: A club that fails to pay within 45 days despite a payment decision of the FIFA Football Tribunal faces, once the decision is final and upon the creditor’s request, a registration ban until the amount is paid, for up to three entire registration periods; debts contained in final FIFA and CAS decisions are also recorded with the TFF as registration-blocking debts.

What Steps Should an Unpaid Footballer Take in Turkey?

An unpaid footballer in Turkey should first identify the jurisdiction clause and the unpaid items in the contract, then send a notarised notice to the club and follow the steps of a DRC claim, lawsuit, execution proceedings or just-cause termination depending on the chosen route. The order of the steps matters, especially so that notice and termination periods are not missed. The table below summarises the sequence to follow:

Why Is It Important to Get Support from a Sports Lawyer in Turkey When Collecting a Footballer’s Outstanding Payments?

In Turkey, collecting a footballer’s outstanding payments depends on short deadlines that lead to a loss of rights if missed, on the combined application of federation regulations and general Turkish law, and on choosing the right collection route; for this reason, handling the process with a sports lawyer in Turkey from the outset is of great importance for protecting the player’s rights. Each step an unpaid footballer takes determines the conditions of the next one. Miscalculating the period given in the notarised notice can jeopardise just-cause termination, while misreading the jurisdiction clause in the contract can call into question the competence of the authority applied to.

In Turkish legal practice, footballers most often lose rights at the following points:

• Missed deadlines: If the right of just-cause termination is not exercised within 7 days after the period given in the notice expires, the player has to send a new notice. The 7-day period for objecting to the payment order and the 1-year period for the lawsuit for the annulment of objection must be followed with the same care.
• Choosing the wrong authority: If the contract does not accept the Dispute Resolution Committee’s jurisdiction, the lawsuit is filed before the labour court after mediation. A lawsuit filed without applying to a mediator is dismissed on procedural grounds for lack of a cause of action requirement.
• Release and termination documents: A release signed at the club’s request is absolutely null and void under Article 420 of the Turkish Code of Obligations if it does not meet the written form, one-month period and type-and-amount requirements. Reviewing these documents before signing prevents the loss of receivables.
• Payments not included in the registered contract: Payments based on side protocols outside the registered contract carry risk in terms of proving the claim and requesting sanctions before the TFF.
• Disputes with an international dimension: Since a foreign footballer’s claim can also be brought before the FIFA Football Tribunal, Turkish law and FIFA regulations must be assessed together.

C&B Law Firm provides legal support to professional footballers in disputes with clubs in Turkey at every stage, from preparing the notarised notice to Dispute Resolution Committee and labour court proceedings, and from execution proceedings to the transfer ban application before the TFF. The collection route to be followed is determined together with the player at the outset, based on the content of the contract and the nature of the claim.