Labor law

Blog tagged as Labor law

Football: payroll deductions assimilated to pecuniary penalties prohibited
According to the judgment of the Lyon Labor Council, a deduction from wages decided by a professional football club against one of these players is a financial penalty prohibited by the Labor Code. Cabinet Bertrand is the player's counsel in this matter.
The system of flat-rate bases [sports association]
The flat-rate base system allows sports associations to calculate social security contributions on a flat-rate basis rather than on the actual remuneration of the employee. However, it was called into question by the Social Security Financing Law for 2015.
Football, Case Lassana Diarra: Fifa regulations contrary to the principle of free movement of workers
On January 19, 2017, the Commercial Court of Hainaut, in the context of the dispute between the player Lassana Diarra and FIFA and the Belgian Football Federation, declared article 17.2 of the Regulation of Status and Transfer of Players.
A player can refuse to play for the national team?
Joël Matip is at the heart of a legal imbroglio. The Cameroonian player from Liverpool has in fact refused to join the Cameroon national team to compete in the African Cup of Nations. Does he have the right? Can he play for his club during CAN? Attempt to answer.
New provisions for sports trainers and sports agents
The Ordinance of 22 December 2016 on the recognition of professional qualifications of regulated professions amended certain provisions of the Sports Code concerning the professions of sports educator and sports agent exercised by nationals of the European Union.
eSports: the fixed-term contract adopted for competitors of video games
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.
eSports: any contract between the player and his team?
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.
Professional athlete: the early termination clause of a fixed-term contract is prohibited
The Supreme Court has just recalled, in a ruling dated February 4 2015 (c Gunn / Poitiers Basket 86, 13-26.172 No), the prohibition of termination clauses in the contracts of fixed-term work of professional sportsmen.
Football: the injury is not a case of just cause to terminate the contract of a player
A judgment of the Court of Arbitration for Sport of December 3, 2014 makes it possible to reconsider the notion of "just cause" allowing one of the two parties (the player or the club) to terminate the employment contract binding them in advance.
At the fiscal level, the referee is not a sport
A judgment of the Administrative Court of Nantes (n ° 14NT01716, June 11, 2015) reminds us that in terms of taxation, an arbitrator cannot be considered as an athlete.
Remuneration of athletes
During an international competition (Football World Cup, European Basketball Championship ...), athletes are no longer under the subordination of their respective club. So who pays these players when they wear their country's colors at national selections?
Proposed new Act notably to preserve the ethics of sport
A bill aimed at preserving the ethics of sport, strengthening the regulation and transparency of professional sport and improving the competitiveness of clubs has just been tabled in the Senate on September 12, 2016 (report of April 19, 2016 by the Great Professional Sport Conference)
Soon a legal status for eSports in France
As part of the Bill for a Digital Republic, Messrs Durain (senator Saône-et-Loire) and Salles (deputy Alpes Maritimes) submitted on March 24, 2016 a progress report on their mission on the competitive practice of video games (eSport) to the Secretary of State for Digital.
Challenge the decisions of CAS in the national courts?
German justice refuses to apply judgments of the Court of Arbitration for Sport (CAS) and therefore, by extension, decisions of International Federations, on the grounds that these were contrary to European Union law (SV Wilhelmshaven v / FIFA & DFB before the Bremen Court of Appeal 31.12.2014)
AFP, 20.01.2015
Maître Jean-Jacques Bertrand represented Hatem Ben Arfa before the Legal Commission of the Professional Football League on January 20, 2015
beIN Sports, 27.04.2014
Intervention of Mr. Jean-Jacques Bertrand in the program Le Club Sunday of April 27 2014, regarding the situation of Hatem Ben Arfa in Newcastle
Homologation - Sportsman's employment contract
The world of sport is very focused on transfers. However, before being able to set foot on the field, players must see their new employment contract pass through the hands of sports bodies in order to be approved. What does homologation consist of? Its effects? ...
The Agreement Securing Professional (CSP)
The Strasbourg and Grenoble football clubs have resorted to redundancies. This is an opportunity to review the procedure for the professional security contract, created by Law No. 2011-893 of July 28, 2011, which is aimed at employees whose redundancy is envisaged.
Lockout
In France, the lock-out is in principle an irregular action because it is considered as a unilateral suspension of employment contracts and therefore a contractual fault on the part of the employer. In France, the lockout is in principle an irregular action ...
Out of CDD in case of physical unfitness
The legislator has authorized a new case of early termination of the Fixed-Term Contract: the physical incapacity of the employee noted by the occupational physician (law 2011-525 of May 17, 2011 applicable since May 19)