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http://www.frenchlaw.com/employment_law.htm says this about hiring in France. Can't see anything about having a month to change your mind, but it seems all contracts have to be in french. Can coL have fucked up on this maybe?
Hiring
It is necessary in France to provide a written contract of employment to all staff of whatever grade or level.
In the event that there is no written agreement, then a contract of employment is nevertheless held to exist and the employee will systematically benefit from the maximum protection provided for by the law.
The contract of employment must be in French, even where both employer and employee use the same language which is not French.
There is no restriction on providing a translation or a bilingual version of the agreement to the employee, but the French version will always prevail before the Courts and vis-à-vis the French Employment Inspection Authorities.
Contracts of employment are virtually always for an indefinite term and specific agreements for short limited term employment are tightly regulated, for example it is possible to offer a limited term agreement to a person replacing another employee on maternity leave, or for instance to employees taken on for a particular seasonal sales period.
However, limited term agreements may not be renewed more than once otherwise they will be held to become indefinite term agreements.
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That is just really making a mockery of e-sports, a legally binding contract is exactly that, its not a handshake deal, stephano knew what he was signing, if the contract isnt honoured id really want to know the consequences.
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On September 20 2011 05:03 meRz wrote:Show nested quote +On September 20 2011 05:01 Macpo wrote:
Apparently, French law allows any worker to retract from a contract within 30 days.
To give my 2 pence opinion, why couldn't someone change his mind? Every one does. and here it does not have any serious consequences. There isn't much at stake, no big deal, no money loss... just promises and business honour (i.e. nothing). Of course, Col are disappointed, but no one is dead.
How does this not have serious consequenses? Like coL states this would create a precedent that players can just come and go as they want. Do you seriously see that working well?
There is absolutely no risk whatsoever that players can just come and go as they want... 1. players can actually already come and go as they want, because if they don't want to play, no one can force them, all they can do is stop paying them; 2. it's just that they are getting paid, so they prefer not to go "as they want" and stay where they are paid. 3. I can promise you stephano will do it once, not twice, because it's a very annoying situation for him.
Now if you can't understand that someone may change his mind...
But I have remarked, there is always some kind of hysteria when someone is doing things not as expected... People start promising the entire world will collapse and then nothing happens, because this is the smallest event ever (the bigger one being Stephano beats MMA )
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On September 20 2011 04:58 qwertzi wrote:after reading this, i have to say i am 100% on coL's side! it appears that it is millenium's behavior that is questionable, as their statement makes obvious that they do not honor and respect legally binding contracts and that it was millenium who pressured Stephano rather than coL: "After a long discussion, Stephano understood his mistake and decided to stay with Millenium for the next 12 months"
So after reading one side you are on that side?
And by French Law a contract is not final for 1 month, so in that time frame each side can go back.
I'm not on one side or on another, but so far law seems to be in Stephano and Mill side.
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this is SO BAD for stephano, mainly for 2 reasons:
a) mill manager states they won't be sending him to international tournaments, he most likely won't even go to Korea = losing so much potential.
b) his reputation after this will just be terrible. Top teams will be afraid to sign him because well, apparently if you're french you can break any international contracts without a problem.
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On September 20 2011 05:09 TBO wrote:Show nested quote +On September 20 2011 05:07 Eduro wrote:Hopefully the contract had a choice of law clause... From wikipedia...
A choice of law clause or proper law clause is a term of a contract in which the parties specify that any dispute arising under the contract shall be determined in accordance with the law of a particular jurisdiction.
that clause itself can be void in certain circumstances though 
Well I believe (IANAL) that another country could choose not to recognize the clause, but I am not at all sure about that.
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> signs a contract
> doesn't follow through
..............................
> French scene
There was a french scene?
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On September 20 2011 05:04 Koorb wrote:
BTW, Millenium's manager is saying on stream right now that he doesn't intend to send Stephano in international event more than he used to, and will focus on the french scene.
Oh please, the french scene is exactly what player should avoid. Millenium's manager really fails to see all what's wrong in that scene. A shame.
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LLewellys knows what he's doing, he's been managing armateam in WC3 and was pretty successful with them.
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France266 Posts
On September 20 2011 05:14 zhurai wrote:
> signs a contract
> doesn't follow through
..............................
> French scene
There was a french scene?
Have at least some respect, even if you're disapointed.
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So talking with a member of Millenium staff, he said this, unofficially...
"The contract violates French law" by not having sufficient information regarding termination/withdrawal, among other things, and that this nullifies it's value when involving a French citizen in France.
It isn't that US laws don't apply, it is that this contract DIRECTLY contradicts a French precedent.
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On September 20 2011 05:14 zhurai wrote:
> signs a contract
> doesn't follow through
..............................
> French scene
There was a french scene?
tbh, I thought the French scene was Stephano lol
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What this shows me is that Stephano is just a kid, he obviously didn't seriously consider the legal and non legal ramifications of his actions and as a result flopped on his decision.
I too at 18 did lots of flopping on big decisions (nothing as legally binding), so I can sympathize with his situation, however I also realize that its youthful irresponsibility that caused this whole situation whether or not his fans or the coL haters want to admit it. I can't imagine what it would be like to be young and have big amounts of money thrown at you to play a game you enjoy, but its also his responsibility to carefully decide his course of action and to follow contracts he signed.
I think that what coL should take from this is that they really need to be thorough when dealing with players from other countries at explaining their contracts and what it means. They absolutely have a right to either pursue Mill to buy out his contract or have Stephano play for them, however I personally think seeking Mill to buy the contract out is the more diplomatic approach.
Stephano definitely needs to grow up. Flopping on HUGE decisions like this makes him seem childish and it at least partially rubs off onto the scene. Staying true to your word (in most ordinary circumstances) is one of the most important aspects of being an adult and he definitely has not stayed true to his word to at least one party here.
Mill definitely needs to learn about contract law at least, and idk it seems like they pressured him into staying
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Even if it turns out the contract was poorly enforceable, it's still incredibly dickish to sign it only to renege so quickly for seemingly no reason at all. It's not like complexity was signing up stephano to work in a forced labor camp or anything.
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Stephano has always left a bad taste in my mouth anyways, i mean hes a great player, but between him never gg'ing (it seems like its his litte way of rebelling, sigh 18 year olds) and just the way he was acting at homestory cup (cocky attitude)
I was really happy he joined complexity though, he has alot of potential and should he commit to esports he could be one of the greats. Its just sad to see him go down this road, its like you cant enter a contract then wake up the next morning and go "oops". Considering their was a bidding war for him i can imagine his salary for either team to be quite large (dunno about huk large, but probably above 50k)
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On September 20 2011 05:12 Koorb wrote:Lwl states again that there is a signed contract between Stephano and coL, but that the contract wasn't complying with french labor law, that millenium staff showed the loopholes of the contract to stephano, and that stephano therefore decided to cancel his agreement.
how garbage is that,
this isnt about labor laws in France.
this is about esports. and respect. and growing our few talented international players to compete with Koreans.
does nobody else feel like this guy has no right running a professional gaming org?
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hahaha its been so long since iv seen a good eDrama
Stephano needs to man the fuck up and tell the community what happened and his decisions. would really clear a lot of this up.
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It'd be interesting to read the actual contract. As have been already said, in France/EU there's a cooling-off period after signing a contract. I wouldn't be suprised if coL didn't do their homework before forming the contract (probably standard term? "You now play computer games for compLexity Gaming", etc.) and were unaware of this.
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I think the Complexity contract would be better for Stephano, even if Milenium is offering more money... If they don't plan to send him to many more tournaments he'll be making less money anyways. He has tremendous talent and while I understand they want to increase the French progaming scene, that's not exactly going to happen very fast if at all.
Seems like a waste of talent staying on Milenium. His choice though, unless it turns out he cant break the contract under French law, then it's not his choice.
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France266 Posts
Live Report:
Mille's manager states that Stephano didn't get a raise from Millenium after the incident.
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EPT
