Employment Law and EURO 2024: The Lamine Yamal case.

With just a few hours remaining until the exhilarating EURO 2024 final kick-off, all eyes around the globe are fixated on the impending showdown, eagerly anticipating the clash of football giants in what promises to be an unforgettable match. Amidst this electrifying atmosphere, we seize the opportunity to explore an issue arising right at the intersection between pop-culture/sports and legal science/employment law.

This issue is none other than the impact German Employment Law on the participation of Spain's rising star, Lamine Yamal, a 17-year-old rising star who has not only earned acclaim as the youngest participant in the Euro events but also etched his name as the tournament's youngest-ever goal scorer, scoring a magnificent goal in the semifinal against France.

Specifically, per media reports, Yamal's strategic substitutions by Spain’s national team coach during crucial moments in Spain's matches against Croatia, Italy, and Albania were not dictated by tactics or the player’s performance but by specific Germany's employment law provisions, which impose strict limits on the working hours of minors, prohibiting work beyond 8pm with minimal exceptions extended to athletes which can work up to 11pm. Additionally, reports say, Yamal's potential participation in the event’s final (commencing at 9 pm) may causes a breach of German statutes, as the 11 pm deadline for footballers includes not just the match but also post-match duties such as showering and media interviews.

Seizing this captivating opportunity, we're excited to delve into the issue at hand by addressing the most frequently asked question we encounter within Cypriot jurisdiction in similar situations: How can employment law provisions impose restrictions on young talent when these restrictions seem to be not in their benefit?

Shedding light on this matter we underline the following:

Employment law is a field of law fundamentally connected with social justice, as its acknowledged aim is to improve the legal position of the economically weaker party in the employment relationship—the employee. Central to this aim is the principle that rights arising under statute for employees (usually refer to as Employment Rights) are of a mandatory nature, in the sense that employees cannot contract out of them or waive them, as, if this was possible, the negotiating power of the stronger party—the employer—would dominate during the execution of the employment contract, thereby undermining the purpose of employment law completely.

In this context, the Cypriot Constitution [1] empowers the local legislator to grant employees mandatory statutory employment rights aimed at enhancing their legal position when executing a contract of employment and providing them with a protective legal framework under which fair and decent living and working conditions are ensured. This empowerment is further strengthened by European Union law, which establishes a legal framework through legislative acts of EU bodies, ensuring consistent protection and rights for employees throughout member states.

A clear example of such a legislative act is the Young People at Work Directive [2], enacted by the European Council in 1994 with the aim of creating a protective framework for young workers throughout the EU. This directive led to the harmonization of Cypriot legislation in 2001 with the introduction of the Protection of Young Persons at Work Law [3], a law that establishes specific regulations regarding working hours and increased obligations in relation to young workers, i.e., persons between the ages of 15-18. This includes regulations on working time in general and night work restrictions, prohibiting work from 11 pm to 7 am.

Is is highlight that under this law, individuals below the age of 15 are classified as minors and are prohibited from engaging in employment, except when the work involves activities related to culture, art, sports, or advertising. Prior to commencing such work, a permit from the Department of Labour must be obtained.

Conclusion

It is clear from the above that employment law provisions are indispensable for ensuring dignified working and living conditions for employees, something that in most cases would not be possible without their obligatory nature. Therefore, even if these laws may sometimes seem to conflict with the interests of employees, as seen in the case of Lamine Yamal, the overarching protective approach of employment law must be taken into consideration before deeming any regulation as detrimental to the employee’s interests and rights. This does not mean however that provisions should ignore the potential interests of young talents in sports and artistic fields; rather, they should aim at balancing protection with opportunities for growth and development to accommodate and enhance the talents of the new generation. By doing so, we can ensure that young talents are safeguarded while also being given the freedom to flourish in their respective fields.

[1] Article 26 (Paragraph 1, Section B).

[2] Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work.

[3] Law no. 48(I)/2001.

Author's Short Bio

Nicos Panayiotou is a highly experienced legal professional recognized as an Employment Law expert. He currently serves as the deputy head of the George Z. Georgiou & Associates LLC Employment Law team and has previously acted as a lawyer for the Cypriot Ministry of Labour & Social Insurance. Beyond his legal career, he has achieved notable professional milestones, including distinguished service as an Employment Law lecturer at a prestigious Cypriot university and authorship of an award-winning book on employment law. He is also heavily involved in the progression of Employment Law on both local and European stages, serving as an educator of Cypriot legal and HR professionals and other stakeholders, a member of the Board of Directors of the European Lawyers Association, and the President of the Cyprus Bar Association Employment Law Committee.