Homologation - Sportsman's employment contract

In order to ensure the balance of the competitions and the fairness between the participants, the sports authorities have introduced the procedure of homologation of the employment contracts of professional sportsmen.

According to Professor Karaquillo (Labour Law Review 2010 p. 14) "the homologation procedure makes it possible to verify that the conclusion of employment contracts is in accordance with the federal rules on transfers and qualifications, the rules relating to the administration and financial management of employer clubs".

As the Professional Football League indicates, the role of the committees in charge of "is to control the conformity of contracts submitted to them with regard to the provisions of the labor code, the applicable collective agreement, and the sporting and financial regulations of the discipline. It is therefore a matter of having a third party approve the terms of an employment contract concluded between an employer, the club, and an employee, the player".

The homologation was established by the world of football before being taken up by other team sports then was enshrined by the National Collective Convention of Sport and the various sectoral agreements. The National collective agreement for sport (CCNS) provides in article 12.4:

"When a contract homologation is imposed, it can only have an effect on the contract to the extent that a sectoral agreement so provides.

In this case, it will be for this sectoral agreement to specify the guarantees relating to the organization of the homologation procedure, in particular the information of the parties on its progress, as well as the legal and financial consequences of a failure to approval".

Approval can therefore only have an effect on the athlete's employment contract if this is provided for by a sectoral agreement.

As a reminder, 5 sports have a sectoral agreement:

• football (1 2 League and League) Football Charter Professional;
• basketball (ProA and ProB): Collective Agreement of Professional Basketball Branch;
• Rugby (Top14 and ProD2): Collective Agreement Rugby Professional;
• rugby (Federal 1): Status of Player and Coach of Federal 1;
• handball (Division 1): Collective agreement "1st division men's handball";
• cycling: Collective Agreement of Professional Cyclists (does not however provide for the approval of contracts for professional cyclists).

Thus, in football, the homologation as provided for by the Statute of the Federal Player (article 5) or the Statute of the Federal Player (article 3) cannot, in principle, have consequences on the employment contract, these statutes. being simple administrative regulations adopted by the French Football Federation and not constituting, within the meaning of the CCNS, sectoral agreements.

Regarding Volleyball, homologation is provided for in article 15 of the Regulations of the National Volleyball League. However, again in the absence of a sectoral agreement, this approval is a simple registration of the contract and therefore has no consequences on the contract:

"Any employment contract for a professional player must be submitted for approval to the LNV.

In accordance with article 12.4 of the CCNS, the absence of a sectoral agreement is an obstacle to this compulsory certification having an effect on the employment contract. Consequently, the contract signed between the parties takes effect independently of any homologation.

This approval is therefore intended to provide the LNV with full information on the player's conditions of engagement, and in particular in order to allow the club to comply with its obligations towards the LNV with regard to the restrictive measures which it could take. 'object from the DNACG".

The first effect of the homologation of the employment contract of a player, or of a coach, is that it takes the competence of the sports bodies (Federation or League) in the relations between the player and his club, in particular in the event of conflict (for example non-payment of salary or bonus, prior conciliation procedure, etc.).

However, what is the legal nature of the act of homologation and can it be contested?

There is little case law on this point.

However, according to recent case law (TA Montreuil, November 8, 2011, n ° 0905750, Helan), the administrative judge affirmed that the homologation of an athlete's employment contract was an administrative act, thus authorizing the challenge of the homologation decision before the administrative judge.

For the sports authorities, the absence of homologation of the contract has the effect of its nullity. Thus, according to the Professional Football Charter (article 256):

"Any contract, or contract amendment, not subject to approval or having been the subject of a refusal of approval by the legal commission is null and of no effect.".

Certain case law decisions have applied this principle (CA Paris, 21 ° ch. sect. B, October 5, 2006, n ° 05/01880, Yakin c / PSG).

Nevertheless, the case law of the social chamber of the Court of Cassation has considerably reduced the scope of the lack of homologation in the salary relations between a worker (player / coach) and an employer (club).

Also, the courts give effect to the contract, even unapproved, when the lack of approval is attributable directly or indirectly to the employer club (such as for example, the lack of communication of the contract to the League. See in this sense, Cass. Soc., May 13, 2003, RJES 2003, n ° 68, obs. F. Lagarde ; consistently held since 1996).

The same applies in the event of the start of performance of the contract (see Cass. Soc., July 1, 2007, Nijean c / Besançon BCD et CA Dijon, September 9, 2010, Nijean c / Besançon BCD).

"nullity of the clause in the employment contract of a basketball player which provides that the contract is only valid in the event of medical fitness and approval of the contract. In this case, the contract had started to be implemented. It was therefore not possible to terminate it for lack of approval or fitness noted by the club doctor after the start of performance of the contract.".