Collecting Athletes' Unpaid Wages: Competent Court, Arbitration Objections, Time Limits and Proof

One of the most common problems for professional athletes is that the club does not pay wages on time. This article summarises the competent court, the effect of federation arbitration clauses, limitation and proof rules for collecting an athlete's wage claims. It is general information, does not replace an assessment of your case and predicts no result.

1. Legal nature of the athlete's contract

Article 4 of the Labour Law No. 4857 provides that the Law does not apply to athletes (Art. 4/g). The Court of Cassation has described the relationship between athlete and club as a contractual relationship governed by the Code of Obligations (for example 13th Civil Chamber, 2012/13242, 2012/21525; 2014/34228, 2014/35860). An athlete's wage claim is therefore assessed under the Code of Obligations provisions on service contracts and the contract itself. Under Code of Obligations Art. 406, absent a custom or contract provision, wages are paid at the end of each month.

2. Competent court

Older decisions, particularly in football, considered the Turkish Football Federation Dispute Resolution Committee competent for contractual disputes between clubs and footballers (13th Civil Chamber, 2012/5662, 2012/11588). The Labour Courts Law No. 7036, in force since 25 October 2017, gives labour courts jurisdiction over disputes between employers and workers subject to the Labour Law or the Code of Obligations provisions on service contracts (Art. 5/1-a). In current practice, there are decisions hearing athletes' wage claims in labour courts. In a decision of 7 June 2023 (2023/4495, 2023/8758), the 9th Civil Chamber of the Court of Cassation upheld a regional court decision in a professional volleyball player's wage claim against a club, holding that the case was filed after Law No. 7036, that labour courts are competent and that provision for a legal or arbitration board in federation regulations does not remove the court's jurisdiction.

Practice may differ depending on the sport and federation regulations. Article 59 of the Constitution permits mandatory arbitration for federation decisions on the management and discipline of sports activities; a contractual wage claim has been treated as outside that scope. Which route to follow must be decided on the contract terms and current case law.

Note: The 3rd Civil Chamber of the Court of Cassation, referring to the reasoning of the amendment to Article 59 of the Constitution, has stated that receivable disputes between clubs and athletes or coaches are not subject to mandatory arbitration and are heard by the ordinary courts under the general rules (2020/8129, 2021/4674). See our separate article on the scope of applications to the TFF Arbitration Board.

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3. Proof of payment

In that case, the first-instance court found that the club had not proved by bank records or an equivalent written document that the contractual wage had been paid, and therefore accepted the claim. Athletes should keep the contract, payment schedule, bank transactions and correspondence with the club.

4. Gross or net wage, interest

• Whether the wage is gross or net is determined by the contract. In that case, the standard contract stated wages as gross, so the claim was calculated gross.
• Where payment dates are clearly set in the contract, default has been accepted as occurring on those dates, and interest may run from them.

5. Limitation

Under Code of Obligations Art. 147/1, claims arising from periodic performances such as wages are subject to a five-year limitation period. Other periods may arise depending on the contract and facts, so each item must be calculated separately.

6. Termination for unpaid wages

An athlete may consider terminating the contract for unpaid wages. In a decision of the 3rd Civil Chamber (2024/905, 2025/1277), a case was heard in which a footballer unilaterally terminated the contract over wages unpaid despite a warning and sought a declaration that the termination was justified and the wages he lost. Because termination can have serious consequences, it should not be done without carefully preparing the warning, time limit and documents.

7. Practical tips

• Keep the athlete contract, annexes and payment schedule.
• Collect bank records showing when and how much was paid.
• Make your payment demand in writing in a way that proves the date (such as a notary warning).
• Check the federation regulations for dispute resolution provisions and time limits.
• Seek legal advice before limits run.

To have your file assessed with its documents, you can create an appointment or reach us via the contact page. See also our article on club fines and wage deductions.

This article is for general information only, contains no promise of results and is not legal advice. The decisions mentioned are examples only.