Stephano contract situation - Page 112

On September 20 2011 08:39 MyRevenge wrote:

I'll make it simpler :

- If coL engage legal pursuit, they won't have any compensation, or a ridiculous one.
- Stephano maybe behaved like a kid, but he's just 18 years old, does it deserve 3 000 posts about it?
- Both Stephano & coL should have told Millenium about this contract. Even though he had no legal contract, Stephano was still engaged with Millenium.
- Millenium's reaction is unfair too, maybe even illegal.

Eventually, no one of them make benefits from this situation. That's why I just said they were all wrong and should better fix this in private. Got it?

On September 20 2011 08:47 AIOL! wrote:

Ban plz -_-

On September 20 2011 08:46 French fries wrote:
France 1-0 USA

On September 20 2011 08:50 SoKHo wrote:
Feels like so many people just made an account today to post on this thread O_O I hate drama + I don't want to take sides.

On September 20 2011 08:47 Piotr wrote:
I wrote a first post on this subject sooner but let’s do it again. (I’m French sorry for my poor English, have read TL forum for years but I have never something interesting to say so this is my first day).

First of all I would like to say that if Stephano signed a legal contract in US, the French jurisdiction will certainly understand that and claimed that it is perfectly legal (unless it is against international treaties but it's obviously not). In fact when you are hired by a foreign company, you have to choose with your employer which country do you choose for the law. If you don't, the law is the one where you do your job. If you move a lot for your job, the law is where your company is. The determination of the law court is totally dependent of the choice made for the applicable law. Stephano can ask to bring the case behind a French one. This is the Convention of Rome for European countries and it is used for other countries as well. Labor law in France is not mainly governed by laws but it's governed by case law and collective bargaining. The law just gives the main lines (no work under 18, no harassment etc). That's why in order to understand a case, you have to know many other cases.

The convention of Rome is a convention between European countries but all the cases between France and a foreign country that I know are stated in regard of the convention of Rome. The convention of Rome is obviously not applied but, because France’s labor law is not law, the bases are used. Labor law in France is mainly governed by case law and collective bargaining. The law just gives the main lines (no work under 18, no harassment etc). Obviously if the foreign country breaks another convention (human rights, whatever...), convention of Rome is not used.

Stephano has apparently signed a contract with col on docusign. For those who think it’s just an informal thing, e-signing is integrated to the law of all the European countries and the United States by the ESIGN and by a European Directive from 1999. Because of the professionalism of docusign and col, I think that the contract must be totally legal and it will be accepted by a French court.
Someone says that in French law you have to sign a CDI in French. That’s right but Stephano has certainly not signed for a CDI. The fact is that we don’t know what Stephano has signed. Maybe it is an international contract. The French law doesn’t know international contract but the European does. I’m convinced, it depends on many facts that we don’t have, that French court will accept this contract.

In France we also have something that is called loyalty (maybe not always in history but in labor law we do :p ) : if you sign a second contract while you have already one employer, your first employer can say "oh, that's not fair, he just has signed whit X which is a direct concurrent", and can ask for compensation. It is obvious that it the case here. A particularly clause in the contract is not required for that. So, if Millenium wants to sign a contract with Stephano, the contract between col/stephano has to be cancelled.

Thus, this is another thing that is said: if Stephano has not signed anything with millenium, he just has to quit his job with CoL and to sign with Millenium. That's not that easy. We have to know the contract of Stephano to state on this because CoL can totally say in front of a court that Stephano quitted his job because Millenium was here (and it's obvious). Millenium’s debauch is totally legal but it can be stated by a court that it is an unfair competition and that there is a prejudice for col (economic, moral...). It is not unusual: on one hand in France the employee has always a preferential treatment but on the other hand you can see that as a conflict between two companies Millenium and col. On top of that esport and sport in general are really accustomed to this kind of things. Regarding the fact that the labor law is mainly governed by case law, it’s difficult to state.

My opinion is that Millenium doesn't look really professional in this case. For example they promise a CDI and say that Stephano will stay 12 months, that doesn't have any sense at all in France because CDI means permanent contract so you don’t have to talk about a period when you sign it, it can be used in front of a court by Stephano if for example Millenium decide to fire him after 12 months. (I don’t think so :p ) Also I think that coL will not go to court because it’s expensive, it’s a pity because a case law would be a good thing for esport. And Stephano looks very influenced, I wonder what his parents are doing right now if the contract of col was so gainful…

On September 20 2011 08:49 French fries wrote:



Pas cool mec T__T
Si on peux plus faire d'humour

On September 20 2011 08:46 French fries wrote:
France 1-0 USA

On September 20 2011 08:39 MyRevenge wrote:

I'll make it simpler :

- If coL engage legal pursuit, they won't have any compensation, or a ridiculous one.
- Stephano maybe behaved like a kid, but he's just 18 years old, does it deserve 3 000 posts about it?
- Both Stephano & coL should have told Millenium about this contract. Even though he had no legal contract, Stephano was still engaged with Millenium.
- Millenium's reaction is unfair too, maybe even illegal.

Eventually, no one of them make benefits from this situation. That's why I just said they were all wrong and should better fix this in private. Got it?

On September 20 2011 08:54 Falcor wrote:
since when is 18 "a kid"

On September 20 2011 08:49 French fries wrote:



Pas cool mec T__T
Si on peux plus faire d'humour

On September 20 2011 08:55 chrisgreg wrote:
complexity won't be making that mistake again, we will all learn from this i think

On September 20 2011 08:55 chrisgreg wrote:
complexity won't be making that mistake again, we will all learn from this i think