Labor&Immigration
Frequently Asked Questions (FAQs): U.S. & Indonesia Esports Immigration Law
Welcome to the world of esports and its ever-evolving legal landscape! This FAQ aims to equip aspiring and established esports players, teams, and organizations with information on navigating immigration processes related to international esports competition and careers.
This collaborative effort is brought to you by K-CASE Lawyer, Indonesia’s first law firm dedicated entirely to esports law. We combine our expertise with that of U.S.-based esports law practitioner Justin M. Jacobson, Esq. of Law Office of Justin M. Jacobson, Esq., to provide a brief overview of immigration considerations for both Indonesian and international esports participants.
Whether you’re a seasoned player eyeing global competition or an organization seeking to recruit talent from abroad, this FAQ aims to answer your pressing questions about esports immigration. Let’s dive in and explore the legal hurdles and pathways to pursuing your esports dreams!
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General FAQs
Q: What are the key differences between immigration processes for traditional sports and esports?
Currently, in the Indonesia and the U.S., both traditional sports and esports competitors apply for and are subject to the same visa criteria and apply for similar classifications. The chief difference is the type of evidence submitted by each talent as traditional sports infrastructure aligns more consistently with national immigration regulations while the esports industry is unique which each title, league, and tournament having their own specific structure and formalities.
Q: How can esports players and organizations ensure they comply with immigration regulations for international events?
Esports players and organizations can ascertain the immigration regulations for the particular country that the event is held and ensure that they obtain the proper work authorizations for any foreign professional gamers attempting to compete in an event including any work permits or visas
Q: What are the potential consequences of failing to obtain the proper visa for an esports competition?
While each country has different consequences, some countries may deny an individual entry without the appropriate visa or work authorization and others may not permit the talent to compete or to potentially receive any prize money they earned. Some other consequences might be more severe such as the individual being deported or denied future re-entry into the country if an individual enters a nation without proper authorization.
Q: Where can I find additional resources and official information on esports immigration procedures?
Each country has its own specific visa and immigration requirements which are generally available at the nation’s immigration or other governmental agency or department responsible for these types of matters. It is also recommended to contact a legal professional to assist you with the process.
Q: What can an esports lawyer do to help with the esports immigration process?
An esports lawyer can assist in advising on the immigration process including providing analysis on the costs, evidence, and the appropriate visa to apply for in addition to preparing and filing the necessary visa or work permit application. An esports attorney might also consult and respond to any responses, denials, or “Requests for Evidence” (RFEs) that may be issued by the adjudicating agency.
Country-Specific FAQs
Indonesia
Q: What types of visas are available for foreign esports players competing in Indonesia?
Indonesia offers a ‘sport visa’ category, which is a single-entry visit visa suited for foreign esports players competing in the country. This visa allows a 60-day stay that can be extended. Foreign esports players and their official team members now only need to provide a recommendation from a sports organization to obtain the sport visa. The simplified requirements have done away with previously mandated documentation such as work experience letters and good conduct certificates from home country police authorities. This visa is available to esports athletes as esports is considered a competitive sport in Indonesia.
Q: What documentation is required for Indonesian esports visa applications?
Typical documentation includes:
– Proof of involvement with an esports team/organization such as contracts, endorsement letters, etc.
– Details on the specific esports event or tournament in Indonesia that the applicant will be participating in.
– Travel itinerary, financial guarantees, and other supporting documents may also be required.
Q: Can esports athletes leverage their professional careers to obtain permanent residency in Indonesia?
Yes, foreign esports athletes can potentially obtain Indonesian citizenship, which would grant them permanent residency, if they meet certain criteria outlined in Regulation of the Minister of Youth and Sports No. 10 of 2023. The key criteria for foreign esports athletes include:
– Being between 18 and 30 years old.
– Having Indonesian family ties.
– Demonstrating exceptional achievements in esports at the international level in their countries of origin.
– Contributing to national sports development or fulfilling national interest-related considerations in Indonesia.
If the criteria are met and the recommendation is granted by the Minister of Law and Human Rights, foreign esports athletes can obtain Indonesian citizenship, which would provide them with permanent residency status in the country.
Q: Can esports players with tourist visas participate in Indonesian esports tournaments?
Like most countries, Indonesian law generally prohibits working or competing on tourist visas. However, the same prohibition does not apply for “sports activities with a non-commercial nature”. For professional or paid tournaments, esports players would need the proper sports visa to participate legally.
U.S.
Q: Which visa options are best suited for professional esports players competing in the U.S.?
While the U.S. has various visa classifications that may be applicable to an individual, the two most commonly applied for visas are the O-1 and P-1A U.S. visas.
Q: What are the eligibility criteria for obtaining a U.S. esports visa (e.g., skill level, minimum salary)?
Each visa classification possesses its own unique requirements and criteria. For instance, the O-1 visas require evidence that the applicant possesses an “extraordinary” ability in a particular field which is rare in the esports space. Conversely, the standard for a P-1A is for an individual that is “internationally recognized” as having skill “substantially above the average participant.” Accordingly, while not an exhaustive list some potential evidence that might be submitted for a P-1A esports visa include copies of any written contracts or other employment terms, event itinerary, letters of reference from notable industry professionals and media, information on prior competitive results and awards as well as relevant press and media on the player’s achievements.
Q: How can esports organizations in the U.S. sponsor foreign players for visas?
Esports organizations can sponsor a foreign player’s visas as the foreign players need a U.S.-based employer that they are coming to work for in order to obtain a visas so an organization or an event organizer might sponsor the player and pay for the required work authorization.
Q: What are the tax implications for esports players entering the U.S. on a temporary visa?
While not financial or tax advice, any individual earning income in a foreign country is responsible for paying appropriate taxes on this amount which differs based on each country.
Q: Can esports athletes obtain a green card (permanent residency) in the U.S. based on exceptional achievements?
While each esports athlete’s situation is different, an individual can and has the ability to obtain a “EB-1A” or a “green card” permitting them to achieve permanent residency within the U.S. if they can fulfill the requirements for the visa.
We hope this FAQ has provided valuable insights into the complexities of esports immigration law. Remember, immigration regulations can be intricate and subject to change. For specific guidance on your unique situation, it’s always recommended to consult with a qualified esports law professional specializing in the relevant region as all the information is attorney advertising and is for educational purposes and use only and is not intended as legal advice.
© 2024 Justin Jacobson Law, P.C. and K-CASE Lawyer
Authors
Labor&Immigration
Rouen Court Rules Again: Esports Player Can Be Hired on a Fixed-Term Contract
On June 13, 2024, the Rouen Court of Appeal issued a landmark ruling that an esports player can be employed under a fixed-term contract (CDD) for temporary activity increase, even if the club does not possess the “esport” accreditation. This decision has profound implications for the esports industry and the employment rights of professional gamers.
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Facts and Proceedings
On 13 June 2024, the Rouen Court of Appeal rendered a pivotal decision regarding the employment status and rights of esports players, particularly concerning the enforceability of fixed-term contracts (CDD) in the absence of specific club accreditation. This case involved Mr. [O] [X], known professionally as Skite, a top-ranked Fortnite player, and SP Global Productions, a company that promoted online video game activities.
Mr. [X] had signed a one-year fixed-term contract with SP Global Productions, commencing on 17 September 2020. However, on 19 August 2021, the Evreux Commercial Court ordered the liquidation of SP Global Productions, appointing SCP Mandateam as the liquidator. Subsequently, on 1 September 2021, the liquidator prematurely terminated Mr. [X]’s contract, citing the company’s financial insolvency.
In the initial ruling on 6 September 2022, the Evreux Labor Court found in favor of Mr. [X], affirming that SP Global Productions had failed to meet its salary obligations and that the early termination of the contract was unjustified. The court awarded Mr. [X] unpaid wages, an early termination indemnity, and an end-of-contract indemnity. Furthermore, the liquidator was instructed to provide corrected wage statements and other necessary employment documents.
The AGS (Association for the Management of Employee Claims), which had taken over the responsibility for the unpaid wages, appealed the decision. The AGS contended that Mr. [X] was an independent contractor and not an employee, and that his fixed-term contract should be reclassified as a permanent contract (CDI) due to the lack of specific esports accreditation for SP Global Productions.
The Court of Appeal upheld the initial ruling, emphasizing several key points. It confirmed Mr. [X]’s status as an employee, citing the existence of a signed CDD and the AGS’s failure to prove the contract’s fictitious nature. The court noted that the CDD met all formal requirements and was justified by a temporary increase in activity, thus negating the need for reclassification as a CDI. Importantly, the court ruled that the absence of esports-specific accreditation did not invalidate the CDD or affect its enforceability against the AGS, which remained obligated to guarantee the amounts due by the employer to the employee.
The court confirmed Mr. [X]’s entitlement to unpaid wages amounting to EUR 32,532.85 , an early termination indemnity of EUR 3,603.56 , and an end-of-contract indemnity of EUR 7,337.415 (specified as gross). Additionally, the liquidator was reaffirmed to provide the corrected wage statements and other employment documents as previously ordered.
Legal Analysis and Future Perspectives
The recent ruling by the Rouen Court of Appeal has significant legal implications for the esports industry, particularly regarding the employment of players under a CDD without the necessity of specific club accreditation. This decision brings to light several crucial aspects of labor law as it applies to the esports sector.
Legitimacy of Fixed-Term Contracts
One of the primary outcomes of this ruling is the affirmation that esports players can be legitimately employed under fixed-term contracts, regardless of whether the esports club has specific accreditation. This aspect of the decision is particularly important because it provides legal certainty to players and clubs operating in a relatively new and rapidly growing industry. The court’s decision ensures that players are afforded the same rights and protections under labor law as athletes in traditional sports. This includes the right to claim unpaid wages and other entitlements, which is a significant step towards standardizing employment practices in esports.
Burden of Proof on Employment Contract Validity
The court placed a considerable emphasis on the burden of proof resting with entities like AGS to demonstrate the fictitious nature of employment contracts. This aspect of the ruling underscores the necessity for esports organizations to maintain thorough and accurate documentation of their contractual agreements. Proper documentation is therefore critical for defending the legitimacy of these contracts in legal disputes. This requirement aligns with broader labor law principles that seek to protect workers from exploitative practices and ensure that employment relationships are genuine and not merely a facade to circumvent legal obligations.
Implications for Esports Organizations
For esports organizations, this ruling serves as a stern reminder of the importance of compliance with labor laws. It highlights the need for these organizations to establish robust contractual frameworks and maintain comprehensive records to substantiate the authenticity of their employment relationships. Failure to do so could result in legal challenges and potential liabilities.
Conclusion
The Rouen Court of Appeal’s decision is a landmark in esports law, validating the use of fixed-term contracts without the need for club accreditation and reinforcing the protection of players’ employment rights. This ruling is expected to have a lasting impact on the esports industry, influencing future contractual practices and elevating legal standards. As the esports sector continues to evolve, this decision will likely serve as a foundational precedent, guiding the development of fair and legally sound employment practices. Esports organizations must now prioritize compliance with labor laws to safeguard their operations and protect the rights of their players, ensuring the sustainable growth of the industry.
Case No. RG 22/03196 – Portalis No. DBV2-V-B7G-JF5R
Appellant:
- AGS CGEA (Location 7), represented by Guillaume des Acres de l’Aigle, SCP Boniface Dakin & Associates, Rouen Bar.
Respondents:
- Mr. [O] [X], represented by Frédéric Caulier, SELARL Caulier Vallet, Rouen Bar.
- SCP Mandateam, liquidator of SP Global Productions.
Via Victoire Avocats
Author
Labor&Immigration
Employment Status of Esports Players in Argentina: A Legal Analysis
In recent years, the global surge in esports popularity has been mirrored in Argentina, leading to a fast-growing industry with unique legal challenges
Table of Contents
Introduction
The evolving landscape of esports in Argentina raises critical questions about the employment status of esports players. Should the relationships between esports players and their teams or clubs be classified under employment law, thus affording players the protections typical of employees? Or should these relationships be treated as contractual arrangements between independent contractors? This analysis delves into these questions, drawing on specific articles from the Argentine Labor Contract Law (Ley de Contrato de Trabajo, LCT) and other relevant legal norms to provide a comprehensive examination of the legal framework governing these relationships.
Legal Classification of Player-Team Relationships (Employment Status of the Esports Player)
The classification of player-team relationships and the employment status is crucial in determining the applicability of employment rights and obligations. It affects the protections available to players and the liabilities and responsibilities of esports organizations. This section explores the key elements that characterize these relationships, using Argentine labor laws as a reference.
Voluntariness
Article 22 of the LCT states:
“Article 22 – Employment relationship.
There shall be an employment relationship when a person performs acts, executes works or renders services in favor of another, under the dependence of the latter voluntarily and against payment of a remuneration, whatever the act that gives rise to it.”
Players in esports often voluntarily choose which teams they join. However, this freedom does not necessarily distinguish an employee from an independent contractor, as both can enter agreements voluntarily. The critical factor is the ability of players to terminate their contracts and switch teams, which can be constrained by non-compete clauses and other contractual stipulations typically found in employment scenarios (Infoleg) (Mondaq).
Remuneration
The remuneration model in esports is complex. While teams generate revenue from various sources such as sponsorships, broadcasting rights, and tournament winnings, players are often salaried as required by the definition of a salary by Article 103 of the LCT:
“Article 103. Definition.
For the purposes of this law, remuneration means the consideration to be received by the worker as a consequence of the employment contract. Said remuneration may not be less than the minimum living wage. The employer owes the worker the remuneration, even if the latter does not render services, by the mere circumstance of having placed his labor force at the disposal of the former.”
According to Article 103 of the LCT, remuneration must be regular and uninterrupted, and should not depend solely on the direct outcomes of specific competitions. This structure is akin to traditional employment, where salaries and benefits are provided as compensation, irrespective of the individual’s day-to-day productivity.
Personal Performance
Esports heavily relies on the personal skill and performance of its players, aligning with Article 21 of the LCT, which discusses the personal nature of work services. The high level of personal skill required and the specific selection of players based on these skills suggest an employment relationship rather than a contractual agreement with a service provider (Argentina.gob.ar) (Mondaq).
Dependency
Dependency is one of the strongest indicators of an employment relationship:
Juridical Dependency: Teams exercise significant control over players’ schedules, training, and strategies, reflecting an employer-employee relationship as defined under Article 23 of the LCT, which emphasizes subordination as a defining characteristic of employment.
Economic Dependency: Players’ primary source of income typically comes from their teams. This dependence is governed by Article 90 of the LCT, indicating an employment relationship where remuneration should be fixed and periodical, not fluctuating based on independent contract terms (Infoleg) (Argentina.gob.ar).
Applicability of Conventional Labor Laws to the Employment Status of an Esports Player
Working Hours and Rest Periods
Esports players often face demanding schedules, including irregular hours and international travel, complicating the application of standard labor laws like Law N°11.544. This law, along with Article 197 of the LCT, regulates overtime and mandatory rest periods but does not account for the unconventional work patterns in esports. Adapting these provisions to fit the esports context, possibly through a special regime within the labor law, is crucial for protecting players while acknowledging the unique nature of their profession (Argentina.gob.ar) (Mondaq).
Contractual Considerations
The use of fixed-term contracts in esports is common and must comply with Articles 90-95 of the LCT, which govern temporary employment. These contracts should be structured to ensure they do not circumvent employment protections, providing stability for players and clarity regarding renewal and termination conditions (Infoleg) (Argentina.gob.ar).
Specific Legal Frameworks and Protections
Given the unique elements of esports, existing regulations such as Law N°20.160 and CCT 430/75, which govern traditional athletes’ relationships, could serve as models. These laws address issues like image rights and the transfer and loan of athletes, pertinent to esports. However, the dynamic and digital nature of esports, characterized by frequent international competitions and online streaming, calls for tailored regulations addressing these specific aspects (Mondaq) (Mondaq).
Employment Status of Minors
The involvement of minors in esports is significant, and the legal framework surrounding their employment is particularly stringent. Articles 187 of the LCT and Law N°26.390 adjust the conditions under which minors can be employed, focusing on protecting them from exploitation. These provisions must be rigorously applied within the esports industry to ensure young players are not only legally employed but also provided with appropriate working conditions that do not hinder their development or education (Infoleg) (Argentina.gob.ar).
Discrimination and Harassment
The esports environment is not immune to issues of discrimination and harassment. Ensuring compliance with Law N°23.592 against discriminatory acts and fulfilling obligations under international conventions like CEDAW (ratified through Law N°23.179) is essential. Esports organizations must develop and enforce policies that actively combat harassment and discrimination, creating a safe and inclusive environment for all participants (Argentina.gob.ar) (Mondaq).
Unionization of Esports Players
The potential for unionization in esports represents a significant shift towards recognizing players as employees with collective bargaining rights, as supported by Law N°23.551. However, the diverse and international nature of teams, coupled with the industry’s rapid evolution, presents unique challenges to traditional union models. Adapting these to the esports context is necessary to provide effective representation and support for players (Mondaq) (Mondaq).
Conclusion
The relationship between esports players and organizations in Argentina necessitates careful legal classification to ensure the proper application of labor laws and protections. The evidence suggests that many esports players could be classified as employees, affording them significant legal protections. As the industry continues to evolve, so must the legal frameworks that govern it, potentially through the development of regulations specifically tailored to the unique characteristics of esports. This evolving legal landscape requires ongoing analysis and adaptation to adequately address the emerging challenges and ensure a fair, equitable, and legally compliant esports environment in Argentina (Infoleg) (Argentina.gob.ar) (Mondaq) (Mondaq).
Image source: Angela Reyes on Unsplash
Author
Labor&Immigration
Dubai Introduces Long-Term ‘Dubai Gaming Visa’ to Propel Esports Sector Growth
Dubai has introduced the ‘Dubai Gaming Visa,’ a strategic long-term initiative aimed at supporting talented individuals, creators, and pioneers in the e-gaming sector. This groundbreaking move seeks to foster skill development and provide numerous investment opportunities, enabling innovators to transform their ideas into successful projects.
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This initiative is a key component of the Dubai Program for Gaming 2033, launched by His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of the Executive Council of Dubai, last November. The program aims to position Dubai among the top 10 cities in the global gaming industry, significantly boosting the sector’s contribution to Dubai’s digital economy and increasing the GDP by approximately USD 1 billion by 2033.
Supporting Talent and Innovation in E-Gaming
Hala Badri, Director General of Dubai Culture and Arts Authority (Dubai Culture), emphasized the potential impact of the Dubai Gaming Visa on the cultural and creative industries, stating,
“The Dubai Gaming Visa embodies the vision and aspirations of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, and contributes to enhancing the emirate’s appeal as a premier destination for entrepreneurs, investors, game developers, designers, and programmers. It also attracts individuals with innovative ideas and both established and emerging companies specialising in the development and production of content, gaming applications, and artificial intelligence. This helps achieve Dubai’s cultural vision of being a global centre for culture, an incubator for creativity, and a thriving hub for talent.”
Enhancing Dubai’s Cultural and Creative Ecosystem
Badri further affirmed that the long-term visa highlights the uniqueness of Dubai’s ecosystem and the richness of its cultural and artistic scene, along with its cultural and social diversity. She added,
“Dubai continues its efforts to attract thinkers, intellectuals, and highly skilled individuals to provide opportunities and broaden their horizons by supporting and harnessing their efforts in comprehensive development and advancing the creative economy, which Dubai aspires to be a global hub of by 2026. At Dubai Culture, we are also keen on creating a sustainable creative climate that empowers talent, in line with our sectoral priorities.”
Job Creation and Industry Growth by 2033
With aspirations to create 30,000 new jobs in the esports sector by 2033, Dubai demonstrates substantial support for the industry. The emirate has leveraged its capabilities and framework to attract leading professionals and extends its support to hosting various initiatives, events, and exhibitions dedicated to the sector’s rapid growth and expansion.
Applying for the Dubai Gaming Visa
The Dubai Gaming Visa is part of the multi-year cultural visa categories granted by Dubai Culture and GDRFA-Dubai to writers, thinkers, authors, artists, intellectuals, and those with creative skills across six key sectors: cultural and natural heritage, performing arts and festivals, visual arts, books and press, audio-visual and interactive media, and design and creative services. This initiative is designed to encourage these talented individuals to enrich Dubai’s cultural and creative landscape and support Dubai’s strategic goals to establish itself as a leading destination for living, entertainment, and employment.
Applications for the Dubai Gaming Visa can be submitted via the Dubai Culture website or through https://dubaigaming.gov.ae/. Required documents include educational qualifications, proof of community contributions, job roles, copies of passports, residence permits, EIDs, cultural biographies and CVs, and contact details. Applicants must also provide information about their addresses, places of residence, occupations, and workplaces.
Author
Frequently Asked Questions (FAQs): U.S. & Indonesia Esports Immigration Law
Rouen Court Rules Again: Esports Player Can Be Hired on a Fixed-Term Contract
Loot Box Mechanics in the Legal and Islamic Perspective
Yearly Wrap Up & 5 Trending Esports Legal Topics For 2024
Russia’s Controversial Esports Law: Bypassing Game Publishers in Licensing Agreements
