FIFPRO and French player union UNFP welcome the decision rendered by the labour court of Angouleme in favour of Samantha Johnson against her previous employer ASJ Soyaux, where it ruled the French club did not respect all legal formalities with the player and that they terminated the employment relationship without cause.
ASJ Soyaux and Johnson, an American player previously with Chicago Red Stars, Utah Royals and Melbourne City among others, entered a fixed-term employment contract on 1 July 2021 for a duration of one season, along with a side letter granting various bonuses to the player. On 20 September 2021, the parties signed a mutual termination agreement.
With the support of FIFPRO and UNFP, Johnson took up the matter with French labour courts. The contract was requalified by the labour court as a permanent contract, given the club did not respect all legal formalities. The club had the legal obligation to provide a copy of the fixed-term agreement to the employee within two days following her hiring, yet they did so only 15 days later, which triggered the contract to be considered as permanent. One additional month of salary was therefore granted as compensation to the player.
Moreover, such requalification also impacted the mutual termination agreement, since the applicable legal regime relied upon by the club was erroneous, and as such, the court decided that the club terminated the employment relationship without cause.
The court found that the club’s intention to pay the player through a side agreement constituted undeclared work, as the goal was to avoid having to declare to the tax authorities all social and fiscal charges in connection with the player’s employment. With undeclared work being a serious violation, the player was thus entitled to additional compensation.
The court also found that the club executed the employment contract in a disloyal manner. It had a good faith obligation towards a foreign player to timely support her in initiating all administrative formalities to welcome her in France. The same held true with the club’s late submission of the contract to the French Football Federation, which caused the player to miss several matches. The club also fielded the player without submitting her to all mandatory medical checks.
FIFPRO Legal Director Roy Vermeer said: "This decision is important, first because Ms. Johnson eventually obtained justice after going through a complicated experience with her employer, but also because it reminds football clubs that labour law does apply to their employment relationship with players."
Johnson said: "I arrived in France in 2021 with the highest hopes of playing in a league that is historic. Unfortunately, it didn’t end in the way I anticipated. I hope my case serves as an example that clubs are not exempt from adhering to labour laws, while also highlighting to other footballers the importance of player unions, especially when it comes to legal advice and representation."