SPORT law for companies :
Understanding corporate sports regulations
benefits, obligations, limits,
we tell you all about sport at work
Why is it that, in France, only one company in five offers its employees physical or sports activity?
It seems urgent to embrace corporate sport and its benefits...
Since 2022, companies have been required to combat sedentary lifestyles, on pain of financial penalties.
The figures speak for themselves: With 80% of workers engaged in sedentary activity, we see 87% of related illnesses (back pain, neck pain, Musculoskeletal Disorders (MSD), weight gain, cardiovascular problems, etc.).
And yet, it has been proven that physical activity in the workplace has an impact on employees' health, increasing their productivity, improving their morale, reducing work-related accidents by 32%...
We therefore act on quality of life at work (QVCT) and well-being.
Tosum up: integrating sport into the workplace helps both to preserve employees' physical and moral health, and to prevent the emergence of psychosocial risks...
It's hardly surprising, then, that the French government has decided to encourage the practice of PSA in the workplace, and will seek to include it in its Quality of Working Life (QWL) policy.
10 compelling reasons to take up sport at work
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Developing sports in the workplace: a public health issue!
In 2019, the Pacte law (Action Plan for the Growth and Transformation of Companies) considers this issue as corporate social responsibility.
Then, in view of the Paris 2024 Olympic and Paralympic Games, the government will draw up a national sport-health strategy 2019-2024.
Objective : to democratize sport for an additional 3 million regular sportsmen and women, by the time of the Olympics.
This bill, named "Sport and Society", has undergone numerous changes, the most recent of which is the law of March 2, 2022 aimed at democratizing sport in France.
Thislaw considers the company as a strategic space to generalize the practice of sport, just like school or university, we find two amendments concerning it:
▪️L the obligation for boards of directors to consider sporting and culturalissues when implementing corporate strategy.
▪️La the possibility for companies to include sport and its issues in the definition of their raison d'être.
Discover the benefits of sport at work
Discover the invaluable benefits that practising sport at work can offer both employees and the company!
Productivity improvement
Studies have shown that employees who engage in regular physical activity are more productive and have better concentration at work. By encouraging sport in the workplace, employers can expect an increase in productivity and overall team performance.
Reducing absenteeism
Sport helps to improve the general health of employees, which can lead to a reduction in the number of sick days. Companies that encourage physical activity often see a reduction in absenteeism and better attendance at work.
Team-building
Corporate sports activities promote teamwork and strengthen bonds between colleagues. By practicing together, employees get to know each other better and work more effectively as a team.
Enhanced brand image
Companies that invest in their employees' well-being are often viewed positively by the public and future job applicants. By promoting corporate sport, employers show that they care about their employees' well-being and health.
Attracting and retaining talent
Offering attractive sports activities can help companies attract new talent and retain existing employees. Benefits linked to well-being and quality of life at work are becoming increasingly important for workers, and corporate sport can be a differentiating factor in recruiting and retaining employees.
Ready to integrate sport into your business and reap all the benefits? Join SPART now and transform your workplace into a dynamic, healthy environment.
Company sports law: legal and regulatory obligations for employers
Employers' legal and regulatory obligations regarding the introduction of company sports are defined mainly in France's Labor Code and Social Security Code. Here is a detailed explanation of these obligations:
1. Ensure the safety and protect the health of workers
Article L. 4121-1 of the French Labor Code stipulates that employers must ensure the safety and protect the physical and mental health of their employees. This also applies to physical and sporting activities offered in the workplace.
Employers must take all necessary measures to prevent occupational hazards and ensure the safety of workers. This includes information, training, prevention and safety measures relating to sports activities in the workplace.
Employers must take all necessary measures to prevent occupational hazards and ensure the safety of workers. This includes information, training, prevention and safety measures relating to sports activities in the workplace.
2. Inform and train employees about occupational hazards
Under Article L. 4141-1 of the French Labor Code, employers are required to inform and train employees on the risks associated with work-related activities, including physical and sports activities.
This obligation also includes information on the measures taken to remedy these risks and ensure the safety of workers during the practice of sports activities in the workplace.
This obligation also includes information on the measures taken to remedy these risks and ensure the safety of workers during the practice of sports activities in the workplace.
3. Comply with obligations in terms of occupational risk prevention and arduous working conditions
Employers must implement preventive measures to prevent occupational hazards, including those associated with the practice of physical and sporting activities in the workplace.
Employers must also take into account obligations relating to the arduous nature of work, and implement measures to prevent or reduce the arduousness of tasks performed by workers during sporting activities.
Employers must also take into account obligations relating to the arduous nature of work, and implement measures to prevent or reduce the arduousness of tasks performed by workers during sporting activities.
4. Liability for workplace accidents
Under article L. 4121-1 of the French Labor Code, employers are responsible for the health and safety of their employees. In the event of a workplace accident occurring during the practice of sports activities on the company premises, the employer may be held liable if there is a failure to provide information, supervision or organization concerning safety and rescue.
The employer may be prosecuted before the social security or criminal courts in the event of fault or failure to comply with safety regulations.
The employer may be prosecuted before the social security or criminal courts in the event of fault or failure to comply with safety regulations.
Employers' legal and regulatory obligations regarding the introduction of sports in the workplace include ensuring safety, protecting health, informing and training workers about occupational hazards, complying with obligations to prevent hazards and hardship in the workplace, and assuming liability in the event of workplace accidents. These obligations are defined by the French Labor Code and Social Security Code.
Sport Act: How can I introduce sport in my company?
We'll call you right back to tell you how 👌
sPORT in the workplace
Who does what?
According to the French Labor Code, when it comes to setting up sports and PSAs in the workplace, it' s the CSE (Comité Social et Économique) that is the main and sole organizer.
"The social and economic committee ensures or supervises the management of physical or sporting activities, and may decide to participate in their financing" (French Labor Code, art. L.2312-80)
It is up to the CSE to ensure their management: creation of a sports hall adapted to the premises, subscription to an outdoor sports hall, sporting activities for employees, etc.
It can also delegate its competence either to an association or to the employer.
Ifthe company has fewer than 50 employees, this competence is shared between the members of the CSE and the employer.
Ifthe company has no CSE, then it's up to the employer to take charge.
Caution: if the employer ignores the competence of the CSE, he risks the offence of obstruction.
"The social and economic committee ensures or supervises the management of physical or sporting activities, and may decide to participate in their financing" (French Labor Code, art. L.2312-80)
It is up to the CSE to ensure their management: creation of a sports hall adapted to the premises, subscription to an outdoor sports hall, sporting activities for employees, etc.
It can also delegate its competence either to an association or to the employer.
Ifthe company has fewer than 50 employees, this competence is shared between the members of the CSE and the employer.
Ifthe company has no CSE, then it's up to the employer to take charge.
Caution: if the employer ignores the competence of the CSE, he risks the offence of obstruction.
Corporate sports: who pays for what?
When the CSE is responsible for PSAs, it is up to the CSE to finance them from its budget dedicated to social and cultural activities.
Sourcesand references:
French Sports Code Article L.121-9
French Labor Code Code travail : art. L.2312-80 et seq.
art. R.2312-35 et seq.
art. L.2312-5 et seq.
art. L.2312-80
Sourcesand references:
French Sports Code Article L.121-9
French Labor Code Code travail : art. L.2312-80 et seq.
art. R.2312-35 et seq.
art. L.2312-5 et seq.
art. L.2312-80
Corporate sports: what tax and social security exemptions are available?
French legislation provides for tax and social security exemptions for companies that set up corporate sports programs. Here are the details of these exemptions, the conditions to be met and the limits to be respected:
Tax exemptions
Companies can benefit from an exemption from social security contributions on expenses related to company sports activities, including gym memberships, group lessons, sports events and the provision of sports equipment.
To qualify for this exemption, sports activities must be offered to all company employees without discrimination. Timetables and conditions for the use of facilities or services must be clearly communicated to all employees.
Expenditure eligible for exemption must be justified and directly linked to the practice of physical or sporting activities within the company.
Tax exemptions apply only to expenditure incurred by the company in setting up and financing sporting activities. Subscriptions or individual registrations are not covered by this exemption.
To qualify for this exemption, sports activities must be offered to all company employees without discrimination. Timetables and conditions for the use of facilities or services must be clearly communicated to all employees.
Expenditure eligible for exemption must be justified and directly linked to the practice of physical or sporting activities within the company.
Tax exemptions apply only to expenditure incurred by the company in setting up and financing sporting activities. Subscriptions or individual registrations are not covered by this exemption.
Social security exemptions
Social exemptions mainly concern employers' social security contributions.
Companies can benefit from a total or partial exemption from employers' social security contributions on expenses related to company sports activities.
This exemption applies to expenses related to setting up sports activities, including registration fees, subscriptions, equipment, and coaching or supervision services.
Companies can benefit from a total or partial exemption from employers' social security contributions on expenses related to company sports activities.
This exemption applies to expenses related to setting up sports activities, including registration fees, subscriptions, equipment, and coaching or supervision services.
Limits to be respected
▪️Les tax and social security exemptions are subject to certain limits on the amount of eligible expenditure.
For example, the amount of funding for physical and sports activities is exempt up to an annual limit of 5% of the monthly value of the Social Security ceiling multiplied by the number of employees in the company.
▪️Si expenditure exceeds this limit, the excess amounts are included in the base for social security contributions and tax.
In addition, sports activities must be offered to all company employees on an equitable, non-discriminatory basis.
For example, the amount of funding for physical and sports activities is exempt up to an annual limit of 5% of the monthly value of the Social Security ceiling multiplied by the number of employees in the company.
▪️Si expenditure exceeds this limit, the excess amounts are included in the base for social security contributions and tax.
In addition, sports activities must be offered to all company employees on an equitable, non-discriminatory basis.
In short, tax and social security exemptions for company sports offer companies the chance to make significant savings on their employee welfare expenditure. However, it is essential to respect the conditions and limits laid down in the legislation in order to benefit fully from these advantages.
The decree of May 31, 2021 specifies that the provision by the employer of sports facilities or the financing of physical and sporting activity services (group lessons, competitions or sporting events) isno longer to be considered as a benefit in kind .
This amendment thus leads to an exemption from social security contributions, but also from CSG and CRDS. (Social Security Code, art. L.136-1-1, III, 4°, f)
Please note: the exemption does not apply to individual subscriptions or registrations...
This amendment thus leads to an exemption from social security contributions, but also from CSG and CRDS. (Social Security Code, art. L.136-1-1, III, 4°, f)
Please note: the exemption does not apply to individual subscriptions or registrations...
Examples ofexemptions:
▪️Financementgroup classes in physical and sports activities
▪️Financement events or competitions of a sporting nature
▪️Mise use of a sports hall owned or rented by the company
▪️Mise use of changing rooms and showers changing rooms and showers
▪️Mise sports equipment
▪️Souscrire group gym membership
▪️Offrir access to a sports app to enable employees to train at their own pace.
Subject tocertain conditions: These exemptions are effective provided that the equipment or services offered are accessible to all employees without discrimination, with clear information concerning times etconditions of use.
Examples ofexemptions:
▪️Financementgroup classes in physical and sports activities
▪️Financement events or competitions of a sporting nature
▪️Mise use of a sports hall owned or rented by the company
▪️Mise use of changing rooms and showers changing rooms and showers
▪️Mise sports equipment
▪️Souscrire group gym membership
▪️Offrir access to a sports app to enable employees to train at their own pace.
Subject tocertain conditions: These exemptions are effective provided that the equipment or services offered are accessible to all employees without discrimination, with clear information concerning times etconditions of use.
Sport in the workplace: what are the limits?
Beware, this exemption may be limited depending on the case!
Withoutlimits: "the provision by the employer of equipment for collective use dedicated to the practice of physical and sporting activities, such as a sports hall belonging to the company or a space managed by it, or the rental of which it pays for, for the purposes of the practice of physical and sporting activity"
With limits: the amount of the financing of physical and sports activities is exempt, up to an annual limit of 5% of the monthly value of the Social Security ceiling (€183 as at January 1, 2023) multiplied by the number of employees in the company.
If the ceiling is exceeded, the sums are then included in the base for social security contributions.
Sourcesand references:
LFSSpour 2021 : art.18 Decree of May 28, 2021
Social Security Code art. L.136-1-1 et D.136-2 art. L.130-1 and R.130-1
French Labor Code Code du travail : art. R.2312-35
Withoutlimits: "the provision by the employer of equipment for collective use dedicated to the practice of physical and sporting activities, such as a sports hall belonging to the company or a space managed by it, or the rental of which it pays for, for the purposes of the practice of physical and sporting activity"
With limits: the amount of the financing of physical and sports activities is exempt, up to an annual limit of 5% of the monthly value of the Social Security ceiling (€183 as at January 1, 2023) multiplied by the number of employees in the company.
If the ceiling is exceeded, the sums are then included in the base for social security contributions.
Sourcesand references:
LFSSpour 2021 : art.18 Decree of May 28, 2021
Social Security Code art. L.136-1-1 et D.136-2 art. L.130-1 and R.130-1
French Labor Code Code du travail : art. R.2312-35
Sport in the workplace: what are the employer's obligations?
In principle, on a voluntary basis, he can participate "in the promotion and development of physical and sporting activities" (Article L. 100-2 of the French Sports Code)
Itmust:
▪️Assurerthe safety of workers and protect their physical and mental health (article L. 4121-1 of the French Labor Code)
▪️Mettreimplement all necessary measures to achieve this (information, training, prevention, safety)
▪️Informer and train employees on the risks of products or manufacturing processes used by the company, but also on the measures taken to remedy them (article L. 4141-1 of the French Labor Code)
▪️Despreventive measures to reduce occupational risks and make work less arduous
Itmust:
▪️Assurerthe safety of workers and protect their physical and mental health (article L. 4121-1 of the French Labor Code)
▪️Mettreimplement all necessary measures to achieve this (information, training, prevention, safety)
▪️Informer and train employees on the risks of products or manufacturing processes used by the company, but also on the measures taken to remedy them (article L. 4141-1 of the French Labor Code)
▪️Despreventive measures to reduce occupational risks and make work less arduous
In the event of an accident: what does the law say?
The liability of the organizer (employer, CSE or company sports association) may be engaged if there is a failure in terms of information, supervision, or organization concerning safety and rescue.
Generally speaking, the employer is responsible for the health and safety of workers in the company: he or she is required to ensure the safety of sports facilities, to set up the information and training actions necessary to protect workers' health.
He or she may therefore be considered liable and prosecuted before the social security courts (in the event of fault) or before the criminal courts (in the event of breaches of safety ruleś or for unintentional injury or manslaughter).
Tip: Check that your insurance policy covers this kind of risk...
The CSE which, in companies with 50 or more employees, "ensures and controls the management of physical and sporting activities", and any sports association set up for this purpose, may also be sued depending on the case.
Caution: while there is an obligation of means, there is no such obligation concerning results.
Despitethe efforts made, the measures taken, accidents can happen...
In these conditions, the liability of the organizers is not concerned.
Please note : an accident occurring in a company gym may be classified as an industrial accident in certain cases...
The gym must meet the following standards:
▪️Avoir a ventilation and sanitation system
▪️Une strategy and equipment for fire prevention
▪️Une adapted sanitary facilities
▪️L accessibility for disabled employees
▪️Une first-aid kit and display of emergency numbers easily accessible and visible
In the event of an accident, we try to answer the following questions to determine responsibility and whether or not an accident occurred in the workplace:
▪️L Did the accident occur during a sports activity on the company premises?
▪️Un Was there a relationship of subordination during the activity?
▪️L Did the accident occur during personal activities unrelated to work?
▪️La Was the employee's participation in the activity voluntary or compulsory?
▪️L Did the sporting activity take place during a break or on company time?
Generally speaking, the employer is responsible for the health and safety of workers in the company: he or she is required to ensure the safety of sports facilities, to set up the information and training actions necessary to protect workers' health.
He or she may therefore be considered liable and prosecuted before the social security courts (in the event of fault) or before the criminal courts (in the event of breaches of safety ruleś or for unintentional injury or manslaughter).
Tip: Check that your insurance policy covers this kind of risk...
The CSE which, in companies with 50 or more employees, "ensures and controls the management of physical and sporting activities", and any sports association set up for this purpose, may also be sued depending on the case.
Caution: while there is an obligation of means, there is no such obligation concerning results.
Despitethe efforts made, the measures taken, accidents can happen...
In these conditions, the liability of the organizers is not concerned.
Please note : an accident occurring in a company gym may be classified as an industrial accident in certain cases...
The gym must meet the following standards:
▪️Avoir a ventilation and sanitation system
▪️Une strategy and equipment for fire prevention
▪️Une adapted sanitary facilities
▪️L accessibility for disabled employees
▪️Une first-aid kit and display of emergency numbers easily accessible and visible
In the event of an accident, we try to answer the following questions to determine responsibility and whether or not an accident occurred in the workplace:
▪️L Did the accident occur during a sports activity on the company premises?
▪️Un Was there a relationship of subordination during the activity?
▪️L Did the accident occur during personal activities unrelated to work?
▪️La Was the employee's participation in the activity voluntary or compulsory?
▪️L Did the sporting activity take place during a break or on company time?
Our tips for preventing accidents during company sports activities
1. Carry out a risk assessment
Before implementing sports activities in the workplace, it is essential to carry out a risk assessment to identify potential hazards and take appropriate preventive measures. Identify the specific risks associated with each proposed sporting activity, such as the risks of injury, falls, or physical overexertion.
2.Staff training
Before taking part in sporting activities, ensure that all participants, including supervisory staff, have received adequate training in safety rules, appropriate techniques and first aid.
Organize regular awareness-raising sessions to remind participants of good safety and accident prevention practices.
3.Adapt activities to skill levels
Adapt sporting activities to participants' skill levels to avoid accidents linked to inappropriate practice or overly high challenges.
Offer options and alternatives to enable everyone to participate at their own pace and according to their abilities.
Before implementing sports activities in the workplace, it is essential to carry out a risk assessment to identify potential hazards and take appropriate preventive measures. Identify the specific risks associated with each proposed sporting activity, such as the risks of injury, falls, or physical overexertion.
2.Staff training
Before taking part in sporting activities, ensure that all participants, including supervisory staff, have received adequate training in safety rules, appropriate techniques and first aid.
Organize regular awareness-raising sessions to remind participants of good safety and accident prevention practices.
3.Adapt activities to skill levels
Adapt sporting activities to participants' skill levels to avoid accidents linked to inappropriate practice or overly high challenges.
Offer options and alternatives to enable everyone to participate at their own pace and according to their abilities.
4. Use appropriate safety equipment
Ensure that all equipment used during sporting activities is in good working order, correctly fitted and suitable for the activity being undertaken.
Encourage participants to wear appropriate protective equipment, such as helmets, knee guards, wrist guards, depending on the type of activity.
5. Adhere to safety rules and continuous awareness
Establish and enforce clear safety rules for all sporting activities, such as zone boundaries, behavior guidelines and warning signs.
Explain to participants the potential risks associated with each activity and the steps to take to avoid them.
Promote a safety culture within the company by encouraging employees to report any problems or incidents related to the practice of company sports.
Hold regular awareness-raising meetings on safety risks and good practices to maintain constant awareness among employees.
6.Intervene quickly in the event of an incident
Put in place an emergency action plan to react quickly in the event of an accident or injury during sports activities.
Ensure that all supervisory staff are trained in first aid and know how to react in an emergency situation.
Ensure that all equipment used during sporting activities is in good working order, correctly fitted and suitable for the activity being undertaken.
Encourage participants to wear appropriate protective equipment, such as helmets, knee guards, wrist guards, depending on the type of activity.
5. Adhere to safety rules and continuous awareness
Establish and enforce clear safety rules for all sporting activities, such as zone boundaries, behavior guidelines and warning signs.
Explain to participants the potential risks associated with each activity and the steps to take to avoid them.
Promote a safety culture within the company by encouraging employees to report any problems or incidents related to the practice of company sports.
Hold regular awareness-raising meetings on safety risks and good practices to maintain constant awareness among employees.
6.Intervene quickly in the event of an incident
Put in place an emergency action plan to react quickly in the event of an accident or injury during sports activities.
Ensure that all supervisory staff are trained in first aid and know how to react in an emergency situation.
By following these tips and implementing effective preventive measures, employers can help to reduce the risk of accidents and ensure employee safety when practicing sports in the workplace, while complying with legal requirements on workplace safety.
Sport at Work Act: The importance of choosing the right insurance to protect your employees and your company
Choosing the right insurance to cover the risks associated with practising sport in the workplace is crucial to ensuring the protection of the company and its employees in the event of accident or injury. Here's our advice to help you do just that:
Assessing the company's specific needs
Before you start comparing insurance offers, identify your company's specific needs in terms of insurance cover for company sports activities. Take into account the type of sports activities on offer, the number of participants, the potential risks associated with each activity and the legal requirements in terms of workplace safety.
Compare offers from different insurers
Carry out a thorough comparison of insurance offers from different insurers, taking into account cover provided, exclusions from coverage, insurance premiums and additional services offered.
Request detailed quotes from several insurers to evaluate the options available and choose the one that best suits your company's needs.
Request detailed quotes from several insurers to evaluate the options available and choose the one that best suits your company's needs.
Check essential warranties
Make sure that the insurance you take out provides essential cover, such as professional indemnity, directors' and officers' liability, legal expenses and personal accident insurance.
Professional indemnity is particularly important for covering damage caused to third parties during company sports activities, while personal accident insurance covers medical expenses and loss of income in the event of accident or injury to employees.
Professional indemnity is particularly important for covering damage caused to third parties during company sports activities, while personal accident insurance covers medical expenses and loss of income in the event of accident or injury to employees.
Examine coverage exclusions
Make sure you understand the coverage exclusions specified in the insurance contract, particularly with regard to specific sporting activities, emergency situations and pre-existing conditions.
Check whether special conditions apply to certain sporting activities or types of injury, and ensure that your company has adequate cover for these risks.
Professional indemnity insurance is particularly important for covering damage caused to third parties during company sports activities, while personal accident insurance covers medical expenses and loss of income in the event of employee accident or injury.
Check whether special conditions apply to certain sporting activities or types of injury, and ensure that your company has adequate cover for these risks.
Professional indemnity insurance is particularly important for covering damage caused to third parties during company sports activities, while personal accident insurance covers medical expenses and loss of income in the event of employee accident or injury.
Consult the documentation provided by insurers
Ask insurers to provide you with detailed documentation on the benefits and conditions of their insurance offers, including general terms and conditions, information leaflets and quote request forms.
Study the documentation provided carefully to ensure you fully understand the terms and conditions of the proposed insurance cover, and ask questions if necessary.
Study the documentation provided carefully to ensure you fully understand the terms and conditions of the proposed insurance cover, and ask questions if necessary.
By following these tips and taking the time to compare the insurance offers available, you can choose an insurance policy tailored to the risks associated with practising sport at work, and ensure that your company and your employees are protected in all circumstances.
Further information:
https://www.gouvernement.fr/actualite/un-guide-pour-developper-le-sport-en-milieu-professionnel
https://cnosf.franceolympique.com/cnosf/fichiers/File/CNOSF_Juridique/Sport_Entreprise/guideentreprise.pdf
https://www.sports.gouv.fr/sport-en-entreprise-84 https://www.urssaf.fr/portail/home/employeur/calculer-les-cotisations/les-elements-a-prendre-en-compte/les-avantages-en-nature/avantages-en-nature-relatifs-a-l.html
https://www.gouvernement.fr/actualite/un-guide-pour-developper-le-sport-en-milieu-professionnel
https://cnosf.franceolympique.com/cnosf/fichiers/File/CNOSF_Juridique/Sport_Entreprise/guideentreprise.pdf
https://www.sports.gouv.fr/sport-en-entreprise-84 https://www.urssaf.fr/portail/home/employeur/calculer-les-cotisations/les-elements-a-prendre-en-compte/les-avantages-en-nature/avantages-en-nature-relatifs-a-l.html
"I think in March I'll walk my kids to school every day I telecommute! 2km assured each time!"
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