Publication of the first decree of the law aimed at democratizing sport in France!

Publication of the first decree of the law aimed at democratizing sport in France of March 2, 2022!

The new law introduced in its article 47 the possibility of extending the maximum duration of the first employment contract from three to five years concluded between the athlete and the association or the sports society on which the training center in which he was trained depends. This article has therefore modified article L.211-5 of the Sports Code in its paragraph 3 which is now worded as follows:

« Access to training provided by a center mentioned in article L. 211-4 of this code is subject to the conclusion of an agreement between the beneficiary of the training or his legal representative and the sports association or society.

The agreement determines the duration, level and terms of the training.

It provides that at the end of the training, if he intends to practice the sporting discipline in which he was trained on a professional basis, the beneficiary of the training may be obliged to conclude, with the association or the company to which the center belongs, an employment contract defined in Articles L. 222-2 to L. 222-2-9 of this code, the duration of which may not exceed three years. By way of derogation, when a collective disciplinary agreement so provides, this maximum duration may be extended to five years, under the conditions provided for by decree.

If the sports association or society does not offer him a work contract, it is required to provide the person concerned with assistance with school or professional integration, under the conditions provided for by the agreement.

The stipulations of the agreement are determined for each sports discipline under conditions defined by decree in Council of State, in accordance with standard stipulations."

Decree No. 2022-673 of April 26, 2022 published in the Official Journal of April 27, 2022 aims to specify the stipulations that the collective disciplinary agreement must contain so that the maximum duration of the first employment contract can be extended from three to five years.

It should be remembered that Article L. 211-5 of the Sports Code determines the obligations incumbent on training bodies and young athletes in the context of their training.

Its first two paragraphs provide for the mandatory signature of an agreement between the young player and the organization, which determines the duration, level and terms of the training.

The third paragraph provides that at the end of the training, if he intends to practice the sporting discipline in which he was trained on a professional basis, the beneficiary of the training may be obliged to conclude, with the association or the company to which the training center belongs, a professional sportsman's employment contract, the duration of which may not exceed three years. From now on, the first professional contract offered by a training club may by derogation go from three to five years maximum, if an agreement between the social partners of the discipline provides for it.

In its article 1^er, the decree of 26 April 2022 “ relating to the conditions under which the duration of the first employment contract mentioned in Article L. 211-5 of the Sports Code may be extended from three years to five years “thus came to clarify that the collective disciplinary agreement in question must include stipulations specifying the minimum age and the maximum age of the athlete as well as the minimum remuneration proposed to the latter:

Thus, in section 2 of chapter 1 of title 1 of book II of the Sports Code (regulatory part), a paragraph 3 is inserted as follows:

• « Paragraph 3 "Derogation from the maximum duration of three years of the employment contract concluded at the end of the training
• « Art. D.211-100-1. – The maximum duration of the first employment contract mentioned in Article L. 211-5 may be greater than three years and increased to five years when the collective disciplinary agreement so provides and includes stipulations specifying:
• “1° The minimum age and the maximum age of the athlete;
• “2° The minimum remuneration offered to the athlete. »