- Éric Rocheblave, lawyer specializing in labor law
- Alice Goutner, associate lawyer at Alkemist Avocats.
Unless you live in a cave or in a white zone (therefore without a network), you will not have missed it: there is trouble at the head of the football federation. After several inadmissible road trips condemned by athletes but also the Minister of Sports, its president, Noel Le Graet was asked to “to withdraw” and the general manager, Florence Hardouinhas been “layoff”.
This difference in treatment is in fact explained by their different statutes.
A withdrawal for the president, corporate officer of the association
The French Football Federation is a association. Corporate officers, including the Chairman, are not covered by labor law. The statutes of the association and the various regulations govern the function of these non-salaried governing bodies.
“Withdrawal, however, has no legal definition. One can imagine that Noël Le Graët refused to resign and that the members of the executive committee, with which he was elected, therefore these supports, did not have the courage to push him towards the exit. So he was put on hold. They draw the legal consequences that he can no longer represent the federation, that he no longer has the power to sign, “ explains Alice Goutner, associate lawyer at Alkemist Avocats. So a sleight of hand while waiting for the conclusions of the audit of the Ministry of Sports.
A layoff as a precaution for the director general, an employee of the federation
The extraordinary committee of the FFF has, for its part, decided on a interim layoff of its general manager.
“The general manager is an employee, so her contract falls under labor law. A precautionary layoff is decided when a wrongful act is discovered and the employer initiates a procedure which can lead to a simple warning or go as far as dismissal.explains Éric Rocheblave, a lawyer specializing in labor law.
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