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Romania | Self-​employed workers victims of anti-​union law

FAIR-Mediasind logoHow far will Romania go with its anti-​union pol­i­cy? The ques­tion is asked as the Romanian Parliament has just adopt­ed, on November 16, 2023, a law reserv­ing for asso­ci­a­tions (not unions) the right to con­clude col­lec­tive agree­ments for self-​employed workers.

Until 2022, the law did not allow inde­pen­dent work­ers to be rep­re­sent­ed col­lec­tive­ly to defend their pro­fes­sion­al inter­ests. Faced with pres­sure exert­ed in par­tic­u­lar by the European Commission, the Romanian gov­ern­ment was forced to reverse this clear vio­la­tion of the right to free­dom of association.

This same gov­ern­ment then rushed to issue an order spec­i­fy­ing the nature of the organ­i­sa­tions engaged in social dia­logue on behalf of the self-​employed. […]
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EU | Towards a directive on the working conditions of artists

EU Parliament logoOn November 21, 2023, the European Parliament adopt­ed by a com­fort­able major­i­ty of 433 votes to 100 and 99 absten­tions, the leg­isla­tive ini­tia­tive report for an EU frame­work for the social and pro­fes­sion­al sit­u­a­tion of artists and work­ers in the cul­tur­al and cre­ative sec­tors pre­sent­ed by MEPs Antonius Manders (EPP, Netherlands) and Domènec Ruiz Devesa (S&D, Spain).

In the past, the European Parliament has often lament­ed the pre­car­i­ous social con­di­tions of European artists and the lack of ade­quate social pro­tec­tion, par­tic­u­lar­ly for pro­fes­sion­als with high mobil­i­ty. For the first time in its his­to­ry, it has just asked the European Commission to cre­ate a bind­ing leg­isla­tive frame­work in order to improve the work­ing con­di­tions of artists and oth­er pro­fes­sion­als in the cul­tur­al and cre­ative sec­tors. […]
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EU | Status and working conditions

Report on the status and working conditions and artists in EUThe Open Method of Coordination (OMC) is a prac­ti­cal and struc­tured way to bring togeth­er rep­re­sen­ta­tives from EU Member States to encour­age the exchange of good prac­tices regard­ing the design of poli­cies and fund­ing schemes. The method fos­ters a com­mon under­stand­ing of issues and helps to build con­sen­sus on solu­tions and their implementation.

Through the OMC, experts who have been appoint­ed by Member States meet 5 to 6 times over 18 months to pro­duce pol­i­cy rec­om­men­da­tions, man­u­als and toolk­its shared through­out Europe. The Commission is respon­si­ble for organ­is­ing the OMC, host­ing most of its meet­ings, and sup­port­ing the work of the OMC groups with pol­i­cy updates, and input, such as stud­ies. […]
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A New European Vision For Touring

New vision for touring - Logos of signatoriesAs Spain took over the Presidency of the Council a few weeks ago, with enabling cross-​border mobil­i­ty for artists addressed as part of its pro­gramme, pan-​European organ­i­sa­tions IAO, IMPALA, FIM, EMEE, Live DMA, Liveurope and EMMA rep­re­sent­ing alto­geth­er musi­cians and oth­er artists, inde­pen­dent labels, man­agers, music venues, clubs, fes­ti­vals as well as export offices join forces to call on EU Member States to launch a dia­logue with the sec­tor around the top­ic of mobil­i­ty as a vital com­po­nent of com­pet­i­tive­ness with­in the sec­tor. This ini­tia­tive address­es a gap cur­rent­ly not con­sid­ered by the EU and fol­lows the rec­om­men­da­tions by recent reports to fur­ther devel­op dis­cus­sions between the European insti­tu­tions as well as music and cul­tur­al organ­i­sa­tions (see for ref­er­ence the “One Voice for European Music” ini­tia­tive launched by the National Centre for Music in France). […]
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EU | Union representation for freelances

FIM delegation at Madrid conferenceOn the 8 and 9 June 2023 the final con­fer­ence was held in Madrid for the European project (car­ried out by FIM, FIA, UNI-​MEI and EFJ) relat­ing to union organ­i­sa­tion and col­lec­tive bar­gain­ing for free­lances in the per­form­ing arts and media sec­tors. Hosted by Spanish cen­tral trades union bod­ies CC.OO. and UGT, the con­fer­ence was pre­ced­ed on 7 June by the final meet­ing of a legal work­ing group, bring­ing togeth­er, around the four fed­er­a­tions, uni­ver­si­ty aca­d­e­mics, researchers and lawyers spe­cial­is­ing in labour law and com­pe­ti­tion law.

The project is based on three pillars:

1. Union organ­i­sa­tion. Training activ­i­ties were pro­vid­ed by spe­cial­ists Becky Wright and Tara O’Dowd, in col­lab­o­ra­tion with mem­ber unions of the four fed­er­a­tions. […]
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EU | Commission’s initiative to strengthen social dialogue

EU Commission logo

On 25 January 2023, the European Commission pre­sent­ed an ini­tia­tive aimed at strength­en­ing and pro­mot­ing social dia­logue at nation­al and European levels.

Recognizing that social part­ners are major play­ers in social change and cri­sis man­age­ment, the Commission is propos­ing a Recommendation of the Council to devel­op nation­al social dia­logue in Member States and a Communication aimed at pro­mot­ing the involve­ment of social part­ners at European lev­el.

FIM favourably wel­comes this ini­tia­tive. The European Commission intends to fos­ter the con­clu­sion of col­lec­tive agree­ments with European reach, in par­tic­u­lar by pro­vid­ing admin­is­tra­tive and legal sup­port. In addi­tion, it pro­pos­es the appoint­ment of a social dia­logue coor­di­na­tor in each DG to strength­en the role of social part­ners in shap­ing com­mu­ni­ty poli­cies. […]
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EU | Resolution of the European Parliament in favour of artists

EU Parliament logo

As we announced in our arti­cle of 6 October 2021, the European Parliament adopt­ed a res­o­lu­tion on the sit­u­a­tion of artists and cul­tur­al recov­ery in the EU on 20 October 2021.

Adopted by a large major­i­ty (543 votes for, 50 against, 107 absten­tions), the text comes out in favour of con­crete and struc­tur­ing mea­sures to enhance the sit­u­a­tion of artists –per­form­ers in par­tic­u­lar– in all Member States.

It boosts our posi­tion on key issues such as the right to col­lec­tive bar­gain­ing for free­lance musi­cians work­ing on a self-​employed basis (European Commission ini­tia­tive: Collective bar­gain­ing for self-​employed) or access to tru­ly effec­tive and pro­por­tion­ate remu­ner­a­tions for online use of record­ed per­for­mances (trans­po­si­tion of Directive 2019/​790).

EU | The Semedo Report tackles the precariousness of artists

EU Parliament logo

Aware of the dev­as­tat­ing effects of the Covid-​19 pan­dem­ic on artists, the European Parliament has ini­ti­at­ed a process of reflec­tion to iden­ti­fy the means of ensur­ing that they have the best pos­si­ble work­ing con­di­tions, with­out ques­tion­ing the com­pe­ten­cy of Member States where labour leg­is­la­tion and cul­tur­al pol­i­cy are concerned.

A study com­mis­sioned by the Parliament and pub­lished in March 2021 served as a bench­mark for a draft report entrust­ed to the Luxembourg Member of Parliament Monica Semedo. Approved by the CULT Committee on 27 September 2021, the report will be vot­ed on by the Parliament in October. Underlining the pre­car­i­ous­ness of pro­fes­sion­al artists – which the health cri­sis has simul­ta­ne­ous­ly brought to light and exac­er­bat­ed –, it calls on cre­at­ing a European sta­tus of the artist and urges action on numer­ous fronts, in par­tic­u­lar:
Mobility with­in the EU: visas and work per­mits, tax­a­tion, con­sol­i­dat­ing rights to social secu­ri­ty, retire­ment pen­sions and unem­ploy­ment ben­e­fits, recog­ni­tion of diplo­mas, mak­ing avail­able infor­ma­tion con­cern­ing artists’ mobil­i­ty. […]
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