The final adoption by the Senate of the Law for a Digital Republic, on September 28, 2016, validates the status and the implementation of the Fixed-Term Contract (CDD) between the professional esports player and his team. Some modifications have appeared since our last article.
What is a professional esports player?
What contract between the video game player and his team?
Article 102 specifies that the Labor Code is applicable to salaried professional competitive video game players, with the exception of certain provisions "relating to fixed-term employment contracts".
From now on, the contract between the player and the association or company is a work contract of limited duration (Article III 102)
"Any contract by which an association or a company benefiting from the approval provided for in I of this article secures, for remuneration, the assistance of a player mentioned at the same I is a fixed-term employment contract. ".
Several provisions are planned for the establishment of these contracts:
- La longer term, contract "cannot be lower for the duration of a competitive video game season of twelve months"And"cannot be more than five years". This maximum duration"does not exclude the renewal of the contract or the conclusion of a new contract with the same employer";
- Concluded a contract "during the video game competition season may have a duration of less than twelve months", under certain conditions specified by Decree:
- Since he short at least until the end of the season ;
- If it is concluded for ensure the replacement of a player professional "in the absence of the professional player or suspension of his employment contract".
The start and end dates of video game seasons will be specified by regulation.
Paragraph V of article 102 specifies that this CDD must be established "in writing in at least three copies".
It must also include:
- The identity and address of the parties;
- The date of hire and the duration for which it is concluded;
- The designation of the job held and the activities in which the employee participates;
- The amount of remuneration and its various components, including bonuses and salary accessories if any;
- The names and addresses of the supplementary retirement and provident funds and of the body providing supplementary health cover;
- The title of the applicable collective agreements or agreements.
The contract must be transmitted by the employer to the player "no later than two working days after hiring".
The Law goes on to specify that the "pure and simple unilateral termination clauses"Contract"are null and void".
It is indicated that the CDD will be reclassified as a CDI if it disregards the "substantive and formal rules"provided above.
The fact of ignoring these rules is also "punished by a fine of € 3. In the event of a repeat offense, the penalty is increased to six months' imprisonment and a € 750 fine.".
Finally, the Law specifies that throughout the execution of the CDD, the employer (the association or the company benefiting from the approval) "offers the salaried professional player preparation and training conditions equivalent to those of other salaried professional players of the association or the company".
