By Jean Baptiste Guillot, Partner and Virginie Molho, Counsel
Implementation of article 1 of law n ° 2020-734 of June 17, 2020 relating to various provisions related to the health crisis, other urgent measures as well as the withdrawal of the United Kingdom from the European Union , the prescription n ° 2020-777 of June 24, 2020 specifies the modalities for adapting the duration of contracts for salaried professional athletes and coaches for the end of the 2019/2020 season.
In the context of the Covid-19 epidemic, the competent French sports federations and professional leagues have decided to suspend or stop professional and amateur sports competitions. As a result, the end of some sports competitions in the 2019/2020 sports season has been postponed..
Regarding the regime applicable to employment contracts for salaried professional athletes and coaches, it should be remembered that, in application of Article L. 222-2-3 of the Sports Code, the employment contract by which a sports association or a company is ensures, in return for remuneration, the assistance of one of these employees is a fixed-term employment contract and Article L. 222-2-4 of the said Code sets the minimum duration of this employment contract at twelve months, i.e. the duration of a sporting season.
The ordinance of June 24, 2020 makes it possible to derogate from the minimum duration of these employment contracts set by the Sports Code.
Article 1 of the said ordinance thus provides that the extension of the fixed-term employment contract of the sportsman or salaried professional trainer may be for a maximum of six months, from the end of season date initially provided for by the sports federation or, where applicable, the professional league.
This maximum duration is proportionate to the objective pursued because it allows athletes and coaches on the one hand, and employers on the other hand, to participate in the competitions ending for the 2019/2020 sports season under the conditions initially planned, without this preventing these athletes and coaches from making themselves available for the effective start of the 2020/2021 season.
The parties concerned by this system will have to sign amendments to their employment contracts.
Jean-Baptiste Guillot
Partner
Jean-Baptiste Guillot handles mergers and acquisitions, strategic partnerships, commercial law, company law and contract law matters, with a particular focus on international transactions for Canadian, British and French companies.
Virginie molho
Counsel
Virginie has acquired a solid expertise in sports law allowing her to support players in the sports industry in all types of legal issues in commercial law, company law, association law and social law applied to sport.
