Labor&Immigration
Working Hours of Underage eSports Players – in Germany
Legal Classification and Age Restrictions
The employment of underage eSports players, especially those aged between 15 and 18, introduces both practical and legal challenges. According to para. 2 of the Youth Employment Protection Act (JArbSchG), these players are legally viewed as juveniles, which restricts their maximum allowable working hours in comparison to adults. Children below the age of 15, as defined by Sec. 2 para. 1 JArbSchG, are generally prohibited from being employed as eSports players, as outlined in Sec. 5 para. 1 JArbSchG. However, exceptions to this rule are detailed in Sec. 5 JArbSchG.
Work Duration and Training Sessions
Contrary to children, juvenile eSports players are permitted to work up to 8 hours daily and 40 hours weekly, as stated in Sec. 8 para. 1 JArbSchG. It’s essential to highlight that due to public relations tasks, weekend tournaments, and daily training within a professional eSports organization, the actual working hours often surpass these limits. Additionally, a player’s training duration is also considered as working hours. Thus, hiring a minor in eSports, a frequent occurrence, risks the young player’s full participation in team activities. eSports organizations are advised to modify their competition and training schedules in line with the constraints of para. 8 JArbSchG.
Weekend and Public Holiday Challenges
Another significant challenge is the employment of underage eSports players during weekends and public holidays. Since eSports events typically occur on weekends to captivate a broader audience, the general rule against employing minors on weekends, as mentioned in Sec. 16 para. 1 and Sec. 17 para. 1 JArbSchG, becomes an obstacle. This rule extends to public holidays as well, as indicated in Sec. 18 para. 1 JArbSchG. If one interprets eSports as a sport under the Youth Employment Protection Act, then the exceptions in Sec. 16 no. 9 and Sec. 17 no. 2 JArbSchG might be applicable. Even though eSports hasn’t achieved universal recognition as a sport, particularly in tax considerations, it seems plausible to apply the logic of Sec. 16 no. 9 JArbSchG (exception for sports-related jobs) to eSports, given its parallels with conventional sports.
Post-8 PM Employment and Legal Implications
Regarding employment post 8 PM, there exists no exception. In general terms, a minor can only be employed from 6 AM to 8 PM, as per Sec. 14 para. 1 JArbSchG. No provision in Sec. 14 para. 7 JArbSchG suggests that eSports could be deemed as “another performance.” This interpretation is supported by the exceptions listed in Sec. 16 no. 9 and Sec. 17 no. 2 JArbSchG, which exclusively mention sports-related exceptions for weekend employment but not for working hours post 8 PM. The manner in which the eSports sector will adapt to the JArbSchG provisions and whether the legislative body will recognize the need for modifications in these areas remains uncertain. Both eSports players and entities should prioritize adherence to the Youth Employment Protection Act. Non-compliance can lead to fines of up to EUR 15,000 (Sec. 58 para. 4 JArbSchG) or even incarceration or monetary penalties if they jeopardize a child or juvenile’s health (Sec. 58 para. 5 and 6 JArbSchG).
Future Legal Considerations
At present, there’s no legal precedent concerning youth employment protection in eSports. However, given its resemblance to traditional sports, it’s probable that the principles of Sec. 16 no. 9 JArbSchG will be applied to eSports in upcoming legal judgments. In all scenarios, upholding youth protection is crucial, not just to evade penalties but also to foster the societal acceptance and credibility of eSports.
