Here’s how the law in South Africa looks at it.

1. Getting a Salary Depends on Being an Employee

In South African work laws, you only have a right to a salary if you are considered an “employee.” This is explained in two main laws:

• The Labour Relations Act (LRA)
• The Basic Conditions of Employment Act (BCEA)

If a professional gamer isn’t an employee, the law doesn’t say they have to get a salary.

2. When a Pro Gamer Can Get a Salary

A gamer can get a salary if their relationship with the esports team or group meets the legal rules for being an employee. It doesn’t matter what the contract is called.

Here are some signs that someone is an employee (from Section 200A LRA):

• The group tells them when to train, when to play in matches, how to act, or when they need to be available.
• The gamer relies on the group for their money.
• The gamer is a big part of the group (they use the group’s name, have to show up at events, and can’t work for others).
• The gamer has to do the work themselves.
• The group provides the gaming gear, places to play, or other things needed.
• The gamer works certain hours or follows directions.

If these things are true, the gamer is legally an employee. Then:

✔ The group must pay them (salary or wages)
✔ Laws like the BCEA apply (meaning they get leave, notice before being fired, rules about working hours, etc.)
✔ Minimum wage laws might also apply, depending on the situation.

Calling the agreement a “player agreement” or “independent contractor agreement” doesn’t change what’s really happening.

3. When a Pro Gamer Does Not Get a Salary

A gamer does not get a salary if they are truly an independent contractor. This means they are more like their own boss. For example:

• They work for themselves.
• They send bills to the group for their services.
• They can play for or work with other teams.
• They decide their own training times.
• They take their own business risks.
• They get paid per event, a share of prize money, a cut of sponsorship money, or a fee for showing up.

In this situation:

✖ They don’t get protection from the BCEA.
✖ The law doesn’t say they must get a salary.
✔ How they get paid is only decided by their contract.

4. Big Difference: Salary vs. Prize Money

• Prize money is not a salary.
• Sharing money from sponsors is not a salary.
• Fees for showing up at events are not a salary.

Only money paid as part of an employer-employee relationship counts as a salary under work laws.

5. What It All Means

Professional gamers in South Africa only get a salary if:

• They are legally seen as employees under the LRA and BCEA.

They do not get a salary if:

• They are independent contractors or competitors who earn money from prizes or other business deals.

If a group wrongly calls an employee an independent contractor, there can be serious problems:

• Fights at the CCMA (a labor court).
• Having to pay back wages.
• Fines from PAYE and SARS (tax authorities).