AN ACCOMPANYING DAILY SPORTING CAREER MATTERS
Employment contract: from its negotiation, through its execution, until its termination, Cabinet Bertrand supports its sports clients (athletes, players and coaches) in all stages of the contractual relationship.
Sportsman in a collective or individual discipline, professional or amateur, the Labor law applied to sport will be omnipresent and will interfere in almost all contractual relations between an athlete, a club, a sports event organizer, or even sometimes, a federation.
LEITMOTIV
The Labor Code and its protective provisions apply to athletes
Cabinet Bertrand, lawyers for many players and coaches (especially in football) since 1973
Cabinet Bertrand supports its sports clients (athletes, players and coaches) in all stages of the contractual relationship linked to the employment contract (customary fixed-term contract or CDI), transfer, or participation in a sporting event
Formation of the sportsman's contract
- Discussion;
- Negotiation;
- Writing.
Follow-up during contractual execution
- Amendment, renewal;
- Information and advice on social and fiscal rights;
- Assistance in the event of execution difficulties or non-compliance with the contract by the club: non-payment of salaries or bonuses, modification of functions, exclusion, disciplinary sanction;
- Assistance before the sports player's status committees and Dispute Resolution Chamber of the Leagues and Federations, professional and amateur,
- For players, coaches or clubs, professionals or amateurs;
- In all sports, and in particular football, futsal, basketball, rugby, handball, swimming, horse racing, tennis, boxing, ...;
- Assistance in the event of difficulties linked to an accident or illness resulting in invalidity or incapacity for work;
- ...
Assistance in the event of abusive termination of the athlete's contract by the employing club
- Negotiation and drafting of transaction protocols,
- Advice, assistance and representation in contentious proceedings:
- before the courts (Labor Court, Social Security Court, Court of Appeal, Court of Cassation, European Court of the European Union, Council of Europe),
- before administrative courts, for civil servants (Administrative Tribunal, Administrative Court of Appeal, Council of State),
- before sports Committees and Chambers (Professional Leagues and National and International Federations Committees, French National Olympic and the Court of Arbitration for Sport - CAS, etc.).
Finally, a good knowledge of the case-law issued specifically in the field of sports defense is essential.
Since 1973, Cabinet Bertrand defends athletes and is at the origin of an abundant case law in favor of sportsmen, in particular for football players and coaches, professional or amateur.
A specific fixed-term employment contract
- For sports associations and sports companies
- For salaried professional athletes
- For salaried professional coaches
- Minimum duration of a sports season (12 months), unless otherwise provided for by a branch agreement or failing that, a federal regulation
- Maximum duration 5 years,
- Strict formal rules, the non-respect of which will lead to the requalification in CDI
A contract inserted in the Sports Code
"In order to ensure the protection of professional athletes and coaches and to guarantee the fairness of competitions, any contract by which a sports association or a company mentioned in Articles L. 122-2 and L. 122-12 insures itself, in return for remuneration , the assistance of one of these employees is a fixed-term employment contract."
Article L.222-2-3 of the Sports Code
