In a judgment of March 18 2013, the labor tribunal of Lyon canceled a wage deduction decided by a professional football club against one of these players. For judges, this deduction is a penalty prohibited by the Labour Code. The Cabinet Bertrand is the player of the Council in this matter.
Suspension pronounced by the Federation (4 matches) and deductions from salary by the club employing the professional Ligue 1 football player
A professional football player, under contract with a Ligue 1 Club, is sanctioned by the French Football Federation with a suspension of 4 firm matches on the grounds of unsportsmanlike behavior during a meeting with the reserve team.
Following this suspension, the Club, "in accordance with the requirements of the French football charter and the club's internal regulations", decided to deduct from the Player's salary"the gross sum of € 64.000 corresponding to the 16th / 30th relating to the suspension", and in addition"the gross amount of € 36.000 on challenge bonuses"Remaining due.
Part of these sums, up to € 48.000, will subsequently be returned to the Player.
At the end of his contract with the Club, the Player applies to the labor tribunal in order to have the financial penalty declared illegal and requests the restitution of the 52.000 € remaining due.
For Player "the prohibition of pecuniary sanctions is of a public order nature which it is impossible to counteract, even by a provision of the employment contract".
For its part, the Club considers that this deduction, provided for by the Professional Football Charter, which has the value of a collective agreement, is lawful.
The text of the Charter has since been amended. Indeed, article 614, specifying the list of possible sanctions, no longer provides for deduction from wages:
"ARTICLE 614 SANCTIONS
(...) 6. Confirmation of sanctions taken by the FFF, the LFP or other official bodies:
a) Warning or suspended suspension: Warning letter;
b) Suspension without suspension: warning letter and possibility, depending on the nature of the fault committed, of a disciplinary layoff of four days per official game of suspension, with a maximum of 15 days per month".
For information, old article 607 read as follows:
"AARTICLE 607 SANCTIONS
(...) 12. Confirmation of sanctions taken by the FFF, the LFP or other official bodies:
a) warning or suspended suspension: warning letter.
b) suspension without suspension: warning letter and possibility, depending on the nature of the fault committed, of a salary reduction which can be set at 4 / 30th of the fixed monthly salary per official game of suspension, with a maximum of 50% of the fixed monthly salary".
Payroll deduction = illegal and prohibited financial penalty
The Labor Court therefore sought the legal nature of wage deduction: should it be analyzed, yes or no, as a financial penalty?
According to the Departing Judge, the Club's decision is based on Article 607 of the Charter (in its wording at the time of the facts) which defines a scale of sanctions. According to him, this article 607 "establish a disciplinary code".
The judge deduced that the "san action based on the application of this contractual provision therefore necessarily amounts to a disciplinary sanction.".
However, article L.1331-2 of the Labor Code prohibits pecuniary sanctions. The Club's decision is therefore illegal.
As a result, the Labor Council decides to cancel the sanction and condemns the Club having paid € 52.000 to the player as a salary reminder (as well as the payment of legal interest).
