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.

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:

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

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.

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

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.

5. Practical conclusion

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

They are not entitled to a salary if:

Misclassification carries serious risk:

CCMA disputes
Back-pay claims
PAYE and SARS penalties