Professional Athlete Contract: The Sporting Season Must Be Defined by the Federation Regulations

Imagine a football club in Paray-le-Monial hiring a coach mid-season. The contract runs until the end of the sporting season, but what exactly is that date? 30 June? The date of the last match? Without a clear definition, the contract risks being reclassified as an indefinite-term contract, with severe financial consequences for the club. This technical issue has concrete repercussions: redundancy payments, holiday pay entitlements, and even employment tribunal disputes.

The decision handed down by the Court of Cassation on 13 November 2025 (No. 24-12.747) reiterates an essential rule: the duration of the sporting season, which determines the minimum duration of the employment contract for professional athletes and coaches, must be set by the regulations of the sports federation or professional league. Judges cannot rely on their own assessment. This solution, based on Article L. 222-2-4 of the Sports Code, secures contracts but imposes increased vigilance on clubs.

Whether you are a director of an amateur club in Digoin, a sports agent, or a specialised lawyer, this decision concerns you. It sets a strict framework to avoid reclassifications and disputes. Full analysis below.

The Facts: A Story Like Many Others

Mr X, a professional football coach, is engaged by AC Sporting club of [Location 3] Corrèze for a sporting season. The fixed-term contract provides that it ends on the closing date of the season, without further precision. During performance, a dispute arises: the club dismisses Mr X before the end of the season, claiming that his contract was indefinite due to the lack of a precise term. Mr X brings a claim before the employment tribunal for redundancy payments and back pay, including holiday pay.

The Court of Appeal, to determine the duration of the sporting season, relies on external elements: match schedule, local practice, custom. It orders the club to pay Mr X the sum of €2,666.56 for holiday pay, calculated proportionally to the actual holiday entitlement. The club appeals to the Court of Cassation, arguing that the Court of Appeal did not verify what the start and end dates of the sporting season were as set by the regulations of the sports federation or professional league.

The Court of Cassation agrees: it quashes the appellate decision with reference to Article L. 222-2-4 of the Sports Code. The lower courts cannot determine the duration of the sporting season themselves; they must refer to the federation regulations. Without this verification, their decision lacks a legal basis. The case is remitted to another Court of Appeal.

The Reasoning of the Court — Analysed

Article L. 222-2-4 of the Sports Code provides that the duration of an employment contract for a professional athlete or coach cannot be less than the duration of a sporting season fixed at twelve months. However, a contract entered into mid-season may have a shorter duration, provided it runs at least until the end of the sporting season, or is concluded for replacement. The start and end dates of the sporting season are set by the regulations of the sports federation or, where applicable, the professional league.

In this case, the Court of Appeal fixed the duration of the sporting season without consulting the federation regulations. It merely made a factual assessment, which is insufficient. The Court of Cassation reminds that the judge must verify the content of the applicable regulations. This is what is called a quashing for lack of legal basis: the lower court's decision is insufficiently reasoned on an essential point.

This solution is not surprising: it is in line with consistent case law requiring judges to refer to professional standards. But it has the merit of clarifying a point often overlooked: the sporting season is not a vague notion; it is defined by a regulatory text. Clubs must therefore carefully keep the federation regulations that set these dates, otherwise their contracts could be reclassified.

Note that the decision does not challenge the principle of proportionality of holiday pay (Article L. 3141-3 of the Labour Code): when the holiday entitlement differs from that provided by law, the compensation is calculated proportionally. But the duration of the contract must first be legally determined.

What This Changes for You — Practically

For professional and semi-professional clubs: you must imperatively annex to each employment contract the regulations of the federation or league defining the dates of the sporting season. Failing this, a judge could reclassify the fixed-term contract as an indefinite-term contract, with all the resulting compensation consequences (redundancy payment, notice period, damages). For example, a football club in Digoin that hires a coach in January without specifying that the season ends on 30 June runs this risk.

For athletes and coaches: this decision protects you. Check that your contract clearly mentions the end date, and that it corresponds to the federation regulations. If not, you could challenge the early termination of your contract. In case of dispute, ask the judge to produce the regulations.

For agents and advisors: when negotiating a contract, ensure that the term clause expressly refers to the federation regulations. A simple mention of "end of sporting season" without reference to the regulatory text is now risky.

A concrete example: if a contract is reclassified as indefinite after 8 months, the club could have to pay a redundancy payment equal to 1/5th of monthly salary per year of service, plus damages for unfair dismissal (at least 6 months' salary). For a salary of €4,000/month, this could represent over €30,000.

Four Tips to Avoid This Type of Dispute

• Annex the federation regulations to the contract: attach as an annex the extract from the regulations of the federation or league setting the start and end dates of the sporting season. Have the athlete sign the annex.
• Expressly refer to the regulations in the contract: write "The contract runs from [date] to [date], in accordance with the regulations of the [federation/league] dated [date]."
• Update your contracts each season: regulations can change (e.g., a shifted season due to a pandemic). Check each year that the dates mentioned are still valid.
• Keep proof of communication of the regulations: retain an acknowledgement of receipt or an email showing that the athlete received the regulations before signing the contract.

Further Analysis: Related Case Law and Developments

This decision is part of a line of recent judgments requiring increased precision in athletes' contracts. For example, the Court of Cassation has already held (Soc., 10 June 2021, No. 19-25.123) that the mention "sporting season" without further precision is insufficient to determine the contract term. Similarly, a judgment of 15 January 2020 (No. 18-26.789) reclassified a fixed-term contract as indefinite due to the absence of reference to federation regulations.

The trend is therefore towards securing contracts by referring to objective standards. It is likely that lower courts will now be very attentive to this point. In the future, one can imagine that federations will harmonise their regulations to avoid disparities.

For clubs, the challenge is twofold: respecting form and substance. A well-drafted contract avoids months of proceedings. Conversely, an oversight can be costly, as shown in this case where the club had to pay holiday pay on a miscalculated basis.

Key Points to Remember

Reminder of applicable rules:

• The duration of a fixed-term sports contract cannot be less than the sporting season (12 months).
• Mid-season, the contract may be shorter, but must run at least until the end of the season.
• The dates of the sporting season are set by the regulations of the federation or league.
• The judge must verify these regulations; otherwise, the decision lacks a legal basis.

What to do if you are a club:

1. Obtain the federation regulations applicable to your sport.
2. Draft contracts with express reference to them.
3. Annex the regulations to the contract.
4. Keep proof of transmission.
5. In case of dispute, produce the regulations before the judge.

Are you in a similar situation? A 30-minute initial consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →