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Ethics on the payroll?

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The growing use of ethics bonus clauses in footballers’ employment contracts demands sophisticated drafting to avoid costly litigation, writes Dr Estelle Ivanova
  • Ethics bonus clauses are lawful in principle under French law, but only where they are drafted as objective, clearly defined remuneration components rather than disguised financial penalties.

Recent litigation involving the French national team professional footballer Kylian Mbappé, who currently plays for Real Madrid FC, has drawn renewed public attention to the use of so-called ethics bonus clauses in professional footballers’ employment contracts.

Designed to align sporting excellence with behavioural standards, these clauses raise complex questions under national labour law and sports regulations. Typically structured as a form of variable remuneration, ethics bonus clauses condition part of the player’s remuneration on complying with predefined standards of conduct, both on and off the field of play. These standards may relate to public statements, social media posts, adherence to club values, or broader expectations of exemplary behaviour as befits highly visible sports persons.

Contractual undertakings

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