Is a professional gamer in South Africa entitled to a salary?

A former South African Protea team competing in IESF's championship in South Korea.

Only if a professional gamer in South Africa is legally classified as an employee is a professional gamer in South Africa entitled to a salary. Professional gamers in South Africa are not automatically entitled to a salary merely because they are “professional gamers”.

Here is the precise legal position under South African law.

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1. Salary entitlement depends on employment status

Under South African labour law, a right to a salary arises only if a person is an “employee” as defined in the:

• Labour Relations Act (LRA)

• Basic Conditions of Employment Act (BCEA)

If a professional gamer is not an employee, there is no statutory right to a salary.

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2. When a professional gamer is entitled to a salary

A gamer is entitled to a salary if the relationship with the esports organisation/team meets the legal tests for employment, regardless of what the contract is called.

Key indicators of employee status include (Section 200A LRA):

• The organisation controls training schedules, match participation, conduct, or availability

• The gamer is economically dependent on the organisation

• The gamer is integrated into the organisation (branding, mandatory appearances, exclusivity)

• The gamer must personally render services

• The organisation supplies equipment, facilities, or infrastructure

• The gamer works set hours or under direction

If these factors are present, the gamer is legally an employee, and then:

✔ The organisation must pay remuneration (salary/wages)
✔ The BCEA applies (leave, notice, working hours, etc.)
✔ Minimum wage laws may apply, depending on circumstances

Calling the contract a “player agreement” or “independent contractor agreement” does not override reality.

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3. When a professional gamer is not entitled to a salary

A gamer is not entitled to a salary if they are genuinely an independent contractor, for example:

• They operate as a self-employed individual

• They invoice the organisation for services

• They can compete for or work with other teams

• They control their own training time

• They bear their own business risk

• Payment is per event, prize share, sponsorship split, or appearance fee

In this case:

✖ No BCEA protection
✖ No statutory salary requirement
✔ Payment is governed only by the contract

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4. Important distinction: salary vs prize money

• Prize money is not a salary

• Sponsorship revenue sharing is not a salary

• Appearance fees are not a salary

Only remuneration paid in an employment relationship qualifies as a salary under labour law.

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5. Practical conclusion

Professional gamers in South Africa are entitled to a salary only if:

• They are legally employees under the LRA/BCEA

They are not entitled to a salary if:

• They are independent contractors or competitors earning prize-based or commercial income

Misclassification carries serious risk:

• CCMA disputes

• Back-pay claims

• PAYE and SARS penalties

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Athlete's rights:

• Is a professional gamer in South Africa entitled to a salary?

Janine wows GEES.

Five time Olympian, Charmaine Crooks seen together with Dr. Janine Brandt of South Africa.

International Esports Federation's Global Esports Executive Summit (GEES) was without a doubt the pinnacle of all esprts summits held.

While it is true that all the speakers present were extremely knowledgeable and erudite, none stood out quite so much as Dr. Janine Brandt.

Janine's presentation, "Esports: Mutually beneficial or equally detrimental" was well received by the entire audience. Associate Professor of St. John's University, was heard to enthuse that her presentation had, in fact, laid out the entire syllabus for study. There is no doubt that much of her presentation will be copied and used in future summits and conferences around the world.

Janine then participated in the panel discussion, "How esports can support physical and mental well being", and again demonstrated her vast insight and knowledge on the subject.

Also read: 

• “ESPORTS SUSTAINABILITY” – Speakers for GEES 2019

• Dr. Janine Brandt is off to Busan to address GEES.

• ANNUAL CONFERENCE TO CONNECT WITH ESPORTS

• Busan Metropolitan Government to cooperate actively in developing esports

• GEES 2019 to be held in Busan, Korea, 29 to 31 August 2019

• IESF announces DOTA 2 as First Game Title for 11th Esports World Championship

• 2019 Esports World Championship: December 11 to 15, 2019

• Excitement abounds as GEES draws nearer.

• Dr. Janine Brandt steps forward to promote gender equality in gaming.

Colin Webster to be interviewed by Lester Kiewet on CapeTalk 567AM.

Colin Webster shall be interviewed apropos the growth of esports.

Lester Kiewit is a writer for the Mail & Guardian by day and presenter by night. Rather than looking back at the news of the day, Lester explores new subjects and new perspectives.

Through his shows, Lester will tackle any issue but will also look at the humour in the news cycle pointing out some of the bizarre statements and stories that make headlines.

With the recent news of the Fortnite championships being won by a 16 year old, Lester will be delving into the evolving era of esports, and will thus interview Mind Sports South Africa's General secretary, Coin Webster.

The interview will take place at 21H30 tonight, on Wednesday, 31 July 2019. Listeners can tune in on radio, or listen to the live stream on  http://www.capetalk.co.za/.

IESF International Referee Workshop to start on 12 December 2018

International Esports Federation (IESF) shall be commencing its international referee workshop in Busan, South Korea, on 12 December 2018. 

Such Referee Workshop is sponsored by Busan Metropolitan City and Busan IT Industry Promotion Agency (BIPA). The continued support of both the Busan Metropolitan City and BIPA is ensuring the long-term sustainability of Esports as a fully accredited sporting code. 

The International Referee Workshop shall investigate ways to improve and develop the existing Referee Course. IESF sees such Referee Course as an integral part of the continued development of Esports in which greater emphasis is placed on upward development of technical officials as well as the protection of the rights of all esports athletes. 

IESF president, Colin Webster, has expressed his pleasure in seeing that the delegates will provide important insight into the existing course as well as into how such course may be improved upon. 

South Korea is the overall champion of IESF's 9th Esports World Championship Busan

IESF officially ended the 9^th Esports World Championship Busan 2017. 

The finals were played on the 11^th and 12^th of November 2017 where all the title winners for three different game titles, which are League of Legends, Counter-Strike: Global Offensive and Tekken7, were decided. South Korea, the defending champion of 8^th Esports World Championship 2016, became the overall champion for 9^th Esports World Championship once again.

South Korea’s League of Legends team won the title by winning straight two games in the final, and South Korea’s Counter Strike : Global Offensive team finished the tournament in 3^rd place. South Korea’s Tekken7 player, while regrettably finishing in quarter-final, supported Korean national team into first place overall. The total point earned by South Korea was 147 and South Korea once again regain the overall champion. 

Those that lead.

IeSF's 9th Esports World Championships - Busan.

Like any other sport, cyber-athletes sink years into preparing for international competition where they can become noticed on a global scale and compete against their peers.

Thus it is once again time for IeSF's annual World Championships, to which Mind Sports South Africa, South Africa's largest membership based gaming organisation, shall again be sending an official team to represent South Africa. The team to represent South Africa at IeSF's 9th Esports World Championships - Busan is the 18th team that Mind Sports South Africa is sending out to represent South Africa in international competition, and is the 24th Protea Esports Team selected to officially represent South Africa.

South Africa has a proud record at such World Championships as, not only is the team much liked by all at the World Championships, but the team punches way above its weight.

Even with the poor infrastructure in South Africa, the South African team, through its hard work and dedication is currently ranked 14th in the world.

MSSA is now in a position to announce the selection of the team captains for CounterStrike: GO and League of Legends for IeSF's 9th Esports World Championships - Busan. It is only a matter of time before the entire team is announced.

The two selected to lead the CounterStrike: GO and League of Legends Protea eSports teams are:

• CounterStrike: GO - Ryan van Schalkwyk
• League of Legends - Brandon “Brafester” Fester

Ryan van Schalkwyk (Team Captain)

Ryan yan van Schalkwyk 

Ryan yan van Schalkwyk is only 21 and is a software developer.

Along with CounterStrike, Ryan enjoys playing my guitar and making music.

Ryan quickly admits that he enjoys pushing himself hard and bettering himself. The competitive aspect of CounterStrike: GO enthralls Ryan. It is through such hard work and competitive spirit that has allowed Ryan to earn the achievement of being selected as Team Captain, an achievement of which Ryan admits that he has always dreamed.

By pushing himself, Ryan has demonstrated to MSSA that he has the ability to lead the national team.

As Ryan says, " I'm really looking forward to pushing myself and my team as far as we can go at the world championships".

Brandon “Brafester” Fester (Team Captain)

Brandon “Brafester” Fester

Brandon “Brafester” Fester’s history in competitive eSports started four years ago where he captained a team of friends, with the goal to be the best. His determination and passion helped his teammates, and opponents, grow as players and people, but his leadership is what ultimately pushed him to the top.

He is currently captain of the Goon Squad (VexxedPhoenix), the current DGC champions and strongest team in the country for League of Legends - for the second year in a row. He too promotes growth and development in his communities and organisation.

He is currently working on improving his individual skill and preparing his teams for various League of Legends tournaments. On being informed of his selection to the position of Team Captain, Brandon stated, " This has officially become the best and most important day of my life. I can think of nothing more prestigious than representing my country, let alone captaining the side!

Thank you for the strength and support! I too have high hopes for the team and future of South African esports on all fronts. I shall do my best to ensure we can not only meet expectations, but exceed them where possible!" MSSA is proud of its choices, and it is in Ryan van Schalkwyk and Brandon “Brafester” Fester, upon whose broad shoulders, the leadership, inspiration, and skill, that the MSSA put their trust to deliver a great team to participate in IeSF's 9th Esports World Championships - Busan.

The 9th e-Sports World Championship will be held at the Busan Port Authority Convention Center from November 8^th to 12^th, 2017., and until such dates, the two athletes are excited about their 'Road to Korea'.

Are you an eSports coach?

MSSA is looking for a fully-paid-up member who it can nominate to
IeSF as an Instructor for the Online session of Coach curriculum in International e-Sports Academy.

The criteria are as follows:

1. At least 1 year coaching experience in a professional gaming team.

2. Fluent English

3. Be able to visit Korea before 22nd of August for 2~3 days.

The Instructor will record his/her lectures in a studio in Korea for 2~3 days.

All travel expenses will be covered by IeSF, and shall be properly compensated.

Since MSSA shall have to present candidates to IeSF by 7th August, any interested candidates must advise MSSA by 5 August.

IeSF's 7th World Championships trailer

■ Outline of the 7th e-Sports World Championship
1. Period : 2nd ~ 5th Dec. 2015
- Arrival Date : 1st Dec. 2015
- Departure Date : 6th Dec. 2015
2. Venue : NEXON Arena, Seoul
3. Host : International e-Sports Federation / Korea e-Sports Association
4. Sponsor : Ministry of Culture, Sports and Tourism / Longzhu
6. Official Game Titles
- League of Legends (Riot Games)
- Starcraft II (Blizzard Entertainment)
- Hearthstone (Blizzard Entertainment)
7. PAX : 160 players from 28 IeSF member nations