French courts reclassify esports player agreements as employment contracts, offering legal protections and financial guarantees despite foreign jurisdictions or lack of approval.
Court reclassifies esports contract as employment
On 18 June 2025, the Court of Appeal of Metz ruled that a "player agreement" between a French professional esports player and a Danish organization was actually an employment contract. This decision clarified that the nature of the relationship between players and organizations is determined by the actual working conditions, not just the name of the agreement.Legal framework for esports employment
Article 102 of the 2016 Digital Republic law created a specific fixed-term employment contract for professional competitive video game players. This contract must be written and include certain mandatory elements. Only organizations with special approval from the digital minister can use this contract, but the absence of such approval does not prevent the existence of an employment relationship.Subordination and employment criteria
French courts assess employment relationships based on three elements: work performance, salary, and a subordination link. This link is defined by the employer’s authority to give orders, control execution, and impose sanctions. Courts emphasize that the factual conditions of the work, not the parties' expressed intentions, determine the existence of an employment contract.French court rules against Danish jurisdiction
A French player signed a "player agreement" with a Danish company in 2021, receiving a monthly salary of 4,000 euros. The contract specified Danish jurisdiction and excluded Danish labor law. The company terminated the agreement in 2022, citing the end of a French league project. The player claimed an employment contract and sought severance pay, but the Forbach labor court initially dismissed his claim due to jurisdiction.French court recognizes employment despite Danish terms
The Metz Court of Appeal found that the player performed his services under the authority of the Danish company, which had the power to give orders, control execution, and impose sanctions. The court rejected the Danish jurisdiction clause, citing French labor law, and ruled the French labor court had jurisdiction. The player was awarded damages and severance pay, totaling over 81,000 euros.AGS guarantees salary claims in liquidation
A player signed a fixed-term employment contract with an esports company in 2020. After the company entered judicial liquidation, the player claimed his unpaid salary and termination indemnity should be guaranteed by the AGS. The Lyon labor court recognized the employment contract and ordered the AGS to guarantee the claims, totaling over 18,000 euros.AGS guarantee upheld despite other activities
Unedic, the AGS manager, challenged the employment relationship by citing the player’s other activities, such as being a TV presenter and social media influencer. The court rejected these arguments, noting the player’s primary role was as a professional esports player and that his other activities were compatible with full-time employment.Key takeaways for players and organizations
These rulings show that the actual working conditions, not the contract’s title or the organization’s nationality, determine employment status. Players benefit from legal protections like salary guarantees and termination indemnity. Organizations should ensure their contracts reflect the reality of the working relationship to avoid reclassification.
