ESTELLE IVANOVA LATEST NEW LAW JOURNAL ARTICLE

Dr Estelle Ivanova, the Head of our French Law Practice, has published a new article in the New Law Journal (www.newlawjournal.co.uk) on ethics bonus clauses in footballers’ employment contracts.

A recent case in France, which involved the French national team professional footballer, Kylian Mbappé, who currently plays for Real Madrid FC, has drawn attention, once again, from a legal point of view, to the use and enforceability of these clauses.

In France, ethics bonus clauses are a well-established contractual practice in elite sport generally, including football.

Designed to align sporting excellence with behavioural standards, they raise complex questions under national labour law and sports regulations. These standards may relate to public statements, social media posts, adherence to club values, or broader expectations of exemplary behaviour as befits highly visible sports persons.

On 16 December 2025, the Paris Labour Court ordered Paris Saint-Germain FC, his former club, to pay €60.9 million (around Sw. Frs. 55.4 million) to Mbappé, following his departure from the club in 2024, in respect of unpaid salary and bonus components on the expiration of the player’s fixed-term contract, whilst, at the same time, dismissing the club’s counterclaims.

From a legal point of view, ethics bonus clauses do not constitute an autonomous category under French law. Their legal treatment depends upon their structure and mode of application.

When drafted as elements of remuneration and the contractual conditions for payment are fulfilled, they may be treated as salary components. However, when their application overlaps with disciplinary processes or introduces discretionary or punitive effects, legal enforceability issues may arise.

For further information, email Dr Estelle Ivanova at ivanova@valloni.ch.