SPORTS EMPLOYMENT CONTRACTS IN FRANCE
Sports employment contracts are of increasing importance because of the sums involved, not least in the case of those of professional football players, which often raise complex legal and financial issues.
For the majority of the major European Football Leagues, the 2025 Winter Football Transfer Window closed on 3 February 2025 and, in France, over €1 billion (around Sw. Frs. 938 million) changed hands for players sold.
For example, in French Ligue 1, Maxence Caqueret was sold by Lyon FC to Como FC for a reported sum of €15 million (around Sw. Frs. 14 million).
The French Sports Code, and other Laws, govern these contracts, which include clauses on transfers, termination and non-competition.
As regards termination clauses, these often include provisions covering the release of players form their contracts and the amount to be paid in such cases, which, depending upon the level of the player concerned can involve eye-watering amounts. To avoid such sums, players are often transferred on loan on certain terms and conditions.
Non-competition clauses are intended to prevent players from transferring to a rival club after termination of their contracts. Such clauses are problematic from a legal enforceability point of view, in that they prevent players from practising their sport, which is regarded by the International Olympic Committee as a human right, and, therefore, earning their livelihoods. In practice, a negotiated financial compromise often comes into play.
In French law, for these clauses to be valid, they must meet strict criteria: they should protect the legitimate interests of the club; be limited in both time and geographical scope; specify the activities concerned; and provide financial compensation to the player. Additionally, the clauses must be proportionate, ensuring that the restrictions imposed are not excessive relative to the interests they aim to protect. If any of these conditions are not fulfilled, the clauses are considered unenforceable, ensuring that the balance between protecting clubs‘ interests and players‘ rights to work is maintained.
As regards the duration of professional football players’ contracts, they are usually for a period of three years, with a right to extend them to five years. They can also be open-ended ones.
The rules of the national, regional and international football governing bodies also affect the terms and conditions of football players’ contracts, not least regulations on the status of players and transfers, including ones on the payment of training and education compensation by the transferee club to the transferor club and the enforcement of these payments.
In France, sports employment contracts are also subject to the French Labour Code, as outlined in Article L222-2-1 of the French Sports Code. This Article specifies that, whilst the Labour Code applies to professional athletes and coaches, certain provisions related to fixed-term contracts are excluded. Beyond these specific exclusions, the general rules of labour law govern the formation, execution, and termination of contracts, unless specific provisions in the Sports Code apply. The interplay between statutory law and collectively negotiated agreements also plays a crucial role. The professional football sector has been a pioneer in this area, with the adoption of the Professional Football Charter on 1 June 1973. Although not formally classified as a collective agreement, the Charter carries the same legal weight, as confirmed by the French Supreme Court (Cass. soc., 1 February 2000, n°97-44.100). This illustrates the complex interweaving of the legal instruments in French sports law.
As mentioned, football players’ contracts of employment often raise complex legal and financial issues and require, therefore, professional advice and assistance, which we provide to players and clubs, including the settlement of any corresponding disputes by mediation, arbitration or through the courts.
For further information, please contact either Dr Estelle Ivanova, the Head of our French Desk, or Dr Lucien Valloni by email at ‘ivanova@valloni.ch’ and ‘valloni@valloni.ch’ respectively.