• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Limitation of esport player contracts? *Update*

2. August 2019
in Labour law, Law and Esport
Reading Time: 3 mins read
0 0
A A
0
termination 1538203 1280

Player contracts

Content Hide
1. Player contracts
2. Temporary time possible?
3. Employee or freeelancer?
4. *Update*
5. Conclusion
5.1. Author: Marian Härtel

On the subject of player contracts, I have already written a lot here on the blog, starting with the absolutely necessary content in this article to the question of what is the difference between employee and freelancer(see here).

However, an important topic for permanent employees as well as for freelancers is always the question of whether players can be tied up and if so for how long. Due to the fact that the vast majority of player contracts will generally have to be classified as GTC, numerous clauses are inadmissible and there are tough rules on how long contracts can run (see this article).

Temporary time possible?

Now, however, I often also get the upside-down question, namely whether player contracts can be limited in time. The reason for this is that as a professional organisation you want to limit your risk if the player is not successful or wants to hire players only when a season is running on a particular title and then always agree on new time limits. Wants.

However, such chain time limits are only possible under very narrow limits. If then, according to the Part-time and Temporary Contracts Act, there must be a special reason.

For professional football players, the Federal Labour Court ruled at the beginning of 2018 that such a time limit is also possible beyond two years, since one of the characteristics of the work performance is so in accordance with Paragraph 14 para. 1 sentence 2 No. 4 TzBfG. But does this also apply to esports? Well, although there is much to suggest that the structures are at least comparable, the biggest problem is the DOSB’s lack of recognition of esport as a sport. However, no court decisions have yet been taken on this matter.

Significantly more problems, up to and less being possible to implement, are likely to be very short time limits of a few months and then the permanent extension of the fixed-term contract, because operators’ companies risk that employment tribunals will at some point not have the time limit this may well lead to a player being unable to be terminated (even if, for example, he no longer performs well), which is particularly the case if you already have so many employees that, according to Section 23 of the KSchG, the Dismissal Protection Act applies, which is why employers would have to take into account things such as social selection and much more. This is the case when you usually employ more than 10 people. A number that is quickly reached by coaches, coaches, players and other employees in professional teams.

Employee or freeelancer?

One should be well advised on the questions of the preparation of player contracts and, of course, also on the question of whether one uses employment contracts or freelancer contracts. There is no direction or wrong here, but the advantages and disadvantages of both variants and the contracts must be adapted to the business concept and things such as the sponsorship contracts. Things such as taxes and social security contributions should also be taken into account (see this article).

*Update*

A brief update on whether the lack of sports recognition by the DOSB is relevant to the legal question is permitted. Thanks to Nepomuk emergency workers from the University of Augsburg and the Research Centre for Esport Law for the advice.

Of course, the difference between esport and sport is actually irrelevant to the interpretation of the norm. However, the actual design of the activity is relevant, e.g. how long an activity can normally be carried out, how organized the structure is and other aspects. However, as a lawyer, I am constantly dealing with courts and I therefore also know how these can be influenced by media and first impressions – even if this should not be the case.

The judgment of the Federal Labour Court considers the professional framework conditions of organised sport. But these are only marginally trained in esport. The reason for this is also the handling of precarious employment relationships, sometimes unprofessional handling of things such as taxes and social security and other aspects.

If a judge then learns during “Google” that esport is not recognized and finds similar critical statements about professional structures, there is a good chance that judges will be influenced.

Incidentally, the problem of this uncertainty is also the fact that the Federal Constitutional Court ruled last year that the interpretation of the law of the Federal Labour Court is wrong and that the legislature for the protection of employees is chain-time and to secure permanent regular employment relationships. In its decision, the constitutional guardians made it clear in principle that the legislature was entitled to prohibit the multiple fixed-term contracts of employment contracts with the same employer at the latest after the expiry of the two-year fixed-term period, since: employees are inferior to employers. The federal government wanted to make changes, but has not yet submitted any legislative proposals.

Conclusion

Overall, it should be noted that the issue of fixed-term contracts can be very complicated in detail and may well pose an economic risk to companies. It should therefore not be tackled on its own!

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BeratungBlogBusinessContractEmploymentEntscheidungenEsportEsportsFreelancerGoogleJudgmentLawSicherheitSponsorTestVerträge

Weitere spannende Blogposts

A comprehensive guide to the imprint requirement for streamers

A comprehensive guide to the imprint requirement for streamers
5. November 2018

In recent weeks, I have received numerous inquiries regarding the imprint requirement for Twitch streamers and YouTubers. Therefore, I decided...

Read moreDetails

Professionalize your own work as a freelancer?

Professionalize your own work as a freelancer?
7. November 2022

There are more and more freelancers in Germany, and as the general Corona hysteria continues to promote remote working, more...

Read moreDetails

Investing quietly: Typical and atypical silent partnerships for startups

Investing quietly: Typical and atypical silent partnerships for startups
14. March 2023

Notice: Before you get into the differences between typical and atypical silent partnerships, I would like to point out that...

Read moreDetails

Withholding tax and Google Ads

HOT/Important: Google Ads tax liability trap
7. November 2022

On Saturday I reported in detail on the issue of withholding tax on Google Ads / Adwords. Although I was...

Read moreDetails

De-Minimis funding successful; still participate now

De-Minimis funding successful; still participate now
7. November 2022

The de minimis funding for the games industry has been a resounding success, with 380 applications already received by the...

Read moreDetails

“Donations” on YouTube or other websites

“Donations” on YouTube or other websites
18. April 2019

The error of what exactly "donations" are Time and again we have to be told that there are major errors...

Read moreDetails

Comment on the ESBD personnel

Comment on the ESBD personnel
7. November 2022

This post is explicitly a comment on the current news that the previous president of Esportbund Germany, Hans Jagnow, Vice...

Read moreDetails

Geoblocking: EU Commission imposes fine on game providers

Valve + 5 game publishers and violation of geoblocking/antitrust law
21. January 2021

For my original post, see here. Background The European Commission has fined Valve, the owner of the online PC gaming...

Read moreDetails

Data protection impact assessment: What is it?

Data protection impact assessment: What is it?
29. November 2019

With the introduction of the GDPR last year, there were numerous innovations and renaming of methods or renames. One of...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

8315f1ef298eb54dfeed2f5e55c8b9da 1

First test episode of the ITMediaLaw Podcast

26. August 2024

First test episodeDear readers, I am delighted to present the first test run of our brand new IT Media Law...

Read moreDetails
4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024
d5e1e6cad87cb839a9e23af79034bd94

AI in the legal system: Towards a digital future of justice

16. October 2024
Looking to the future: How technology is changing the law

Looking to the future: How technology is changing the law

18. February 2025
AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

24. September 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung