The Bill for a Digital Republic, adopted by the Senate on May 3, 2016, provides in particular for the definition of professional video game player (eSports) and qualifies the contract binding him to his team as an employment contract.
What is a professional player?
According to article 42 bis A of the Bill adopted by the Senate, the "salaried professional competitive video game player is defined as any person whose paid activity the exercise of a competitive video game activity in a relationship of legal subordination with an association or a companyapproved by the minister responsible for digital, specified by regulation".
This project also defines the notion of video game competition. Thus, article 42 specifies that a new article L.321-8 of the Internal Security Code will indicate that the "video game competition confronts, from a video game, at least two players or teams of players for a score or a victory".
What contract between the player and his team?
Article 42 bis A 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".
Depending on the project, the contract uniting the eSportsman with the association or company is a fixed-term employment contract (III of article 42 bis A:
"In order to ensure the protection of professional competitive video game players and to guarantee the fairness of competitions, any contract by which an association or a company benefiting from the authorization provided for in I of this article ensures, in return for remuneration, the competition for one of these employees is a fixed-term employment contract".
Several provisions are planned for the establishment of these contracts:
- The duration of a contract "cannot be less than 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";
- A contract during the season "may have a duration of less than twelve months", under certain conditions specified by Decree:
- As long as it runs at least until the end of the season;
- If it is concluded to ensure the replacement of a professional player "in the absence of the professional player or suspension of his contract".
The start and end dates of the seasons will be specified by regulation.
Paragraph V of Article 42 up to A specifies for his part 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 "later than within two business days of hiring".
The Bill goes on to specify that the "pure and simple unilateral termination clauses"Contract"are null and void".
Finally, it is indicated that the CDD will be reclassified as an indefinite contract if it disregards the "substantive and formal rules"provided above.
