Extract
[...] However, the scope of this measure is limited, as it appears to focus primarily on clauses favorable to the employer, leaving aside other forms of termination clauses, such as those conditioning termination on an objective event. While the choice of a specific fixed-term contract for professional athletes and coaches seems justified, the law raises concerns due to its ambiguities and concessions in favor of clubs and competition organizers. The haste in adopting the law instead of a more thoughtful and comprehensive approach is also criticized. [...]
[...] The written contract, similar to the common FTC, requires three copies. The contract must be in French, but a translation is possible for foreign athletes. It must include various details such as the identity of the parties, the date of hire, the duration, the position, the remuneration, the pension funds, etc. Unlike common law, the specific reason is not necessary, advantageous for clubs. The law does not mention the trial period but excludes the transmission of the contract within two working days. [...]
[...] She granted the status of employee to a rugbyman who exercised, in parallel to his sporting activity, a full-time profession, highlighting in particular that the latter was required, under penalty of sanctions, to follow the internal rules of the club, to participate in sporting activities, to follow instructions during training and to respect the club's regulations, even if the sums paid were qualified as allowances ». A note that this new employment contract also applies to coaches. A fixed-term contract The new article L. [...]
[...] The homologation of contracts by sports authorities is introduced, with consequences defined by collective agreements in the event of non-homologation." The sanctions for non-compliance with contractual conditions include requalification as an indefinite-term contract, with penal sanctions for legal persons, similar to those of common FTCs. The possibility of requesting requalification seems inconsistent, as the CDI is excluded from professional sports for these employees. Questions remain about the consequences of non-homologation. Execution of the Specific FTC Article L. 1242-14 of the Labour Code, which guarantees equal treatment between FTC and CDI employees, applies to professional athletes and coaches. However, the actual implications of this provision for FTC players are uncertain, given the majority of the "administrative" staff are on CDI. [...]
[...] 1242-1 and L. 1242-2-3° of the Labour Code, favouring the frequent use of fixed-term contracts of use for sports associations bound by employment contracts with athletes and sports coaches. However, this approach was gradually abandoned from 2008. Following new case law reclassifying the fixed-term contracts of use of professional players or coaches as contracts of indefinite duration, the legislator intervened to secure the use of fixed-term contracts in professional sport by creating a specific employment contract for employed professional athletes and coaches. [...]
