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Ireland | Right to collective bargaining restored for freelancers

Oireachtas logo

The Irish Parliament restores the right of free­lance work­ers to col­lec­tive bar­gain­ing in an amend­ment to the Competition Act (on 31 May 2017)

On the evening of 31 May, the Irish Parliament adopt­ed the Labour Party pro­posed Competition Amendment Bill 2016, which aims to intro­duce exemp­tions from com­pe­ti­tion law for cer­tain self-​employed workers.

Since a com­pe­ti­tion rul­ing was hand­ed down thir­teen years ago, agree­ments nego­ti­at­ed with artists unions on min­i­mum tar­iffs have been con­sid­ered as breach­es of com­pe­ti­tion law.

To avoid the com­pe­ti­tion law a union has to prove either that its mem­bers are false inde­pen­dent work­ers (in a sub­or­di­nate rela­tion­ship, oblig­ed to fol­low instruc­tions, do not share the same busi­ness risks as their con­trac­tors etc.) […]
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EU | Consultation on a European pillar of social rights

EAEA logo

FIM, FIA and UNI-​MEI have sub­mit­ted a joint reply to the European Commission’s con­sul­ta­tion on the European Pillar of Social Rights (the con­sul­ta­tion end­ed on 31 December 2016).

This con­tri­bu­tion (in English), which includes ele­ments of reply draft­ed by ETUC, also address­es in detail aspects that are spe­cif­ic to our sec­tor, bas­ing itself in par­tic­u­lar on work car­ried out with­in the scope of the European project on atyp­i­cal work­ers which was con­clud­ed in September 2016.

Africa | Union reshaping underway in Zimbabwe?

FIM workshop Zimbabwe

With the TUMAI union, FIM organ­ised a union train­ing work­shop in Harare (Zimbabwe) from 21 to 24 September 2016, with the sup­port of Union To Union. Two local musi­cians’ unions took part: TUMAI (recent­ly a FIM mem­ber once more) and ZIMU (cre­at­ed in 2014).

Unfortunately, TUMAI has had to come to terms with the sud­den demise of its General Secretary, George Emmanuel, who was active­ly engaged in prepar­ing this meeting.

The work­shop focused on union organ­i­sa­tion and action. The cur­rent back­drop is par­tic­u­lar­ly dif­fi­cult:
• artists are not backed by pub­lic author­i­ties
• relat­ed rights in copy­right are not enshrined in law
• levies due by broad­cast­ers are not paid or are paid at a ridicu­lous­ly low rate
• the lev­el of pira­cy is such that the country’s largest record com­pa­ny, Gramma, can­not sell off its CDs even at the price of US$1 since pirates are flood­ing the mar­ket with com­pi­la­tions at 50 cents! […]
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Europe | Atypical work in the arts, entertainment and media sector

Atypical work

On 8 and 9 September 2016, the final con­fer­ence took place in Brussels of the joint FIM, FIA, UNI-​MEI and EFJ project focus­ing on the future of work and atyp­i­cal work­ing in the arts, enter­tain­ment and media sec­tor. It was held in the European Parliament and the premis­es of the European Economic and Social Committee.

Besides rep­re­sen­ta­tives from the four organ­is­ing fed­er­a­tions, the con­fer­ence wel­comed European and nation­al par­lia­men­tar­i­ans, rep­re­sen­ta­tives of the European Commission, the International Labour Office (ILO) and the European Trade Unions Confederation (ETUC), as well as jurists, spe­cialised in social law.

Detailed pro­gramme and list of speakers

Following on four the­mat­ic work­shops, the con­fer­ence was an oppor­tu­ni­ty for pre­sen­ta­tions and opin­ions of both legal and polit­i­cal nature from numer­ous speak­ers. […]
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India | Risk prevention in Bollywood

Stage on fire in Mumbai

On 27 – 29 June 2016, FIM, FIA and UNI-​MEI organ­ised a work­shop main­ly ded­i­cat­ed to risk pre­ven­tion in the movie indus­try in Bollywood, with­in the scope of their joint project backed by Union to Union.

Participants (tech­ni­cians, actors and musi­cians), from the Federation of cin­e­ma employ­ees in west­ern India (FWICE) and the Musicians’ Federation of India (MFI), described the envi­ron­ment as tense. On the one hand, acci­dents on film sets are occur­ring one after the oth­er at an alarm­ing rate. On the oth­er hand, dis­cus­sions between union organ­i­sa­tions and pro­duc­ers to update the Memorandum of Understanding in lieu of a col­lec­tive agree­ment have been blocked for sev­er­al months, thus pre­vent­ing the con­clu­sion of a deal on risk pre­ven­tion. […]
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France | The employer of Belarusian musicians sentenced for not respecting the applicable collective agreement

Lac des cygnes | Minsk Bolchoi

In the spring of 2014, the FranceConcert com­pa­ny organ­ised a six-​week tour in France for a pro­duc­tion of Swan Lake by the Orchestra and Bolshoi Opera Ballet of Minsk.

During the tour, musi­cians received their usu­al wages (€350 a month on aver­age) as well as a cash allowance of €40 a day. They were sub­ject to par­tic­u­lar­ly dif­fi­cult work­ing con­di­tions, per­form­ing up to 13 days con­sec­u­tive­ly with­out a sin­gle day of rest. At the same time, FranceConcert sold up to 5,000 places per con­cert at around €50 per unit.

With the help of the French musi­cians’ union (SNAM-​CGT), the musi­cians went to court. A deci­sion in sum­ma­ry pro­ceed­ings gave them an adjust­ment of salary on the basis of the col­lec­tive agree­ment, on aver­age €1,300 for each musi­cian. […]
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France | The profession of performer undermined by the government

Assemblée Nationale

Indignation among pro­fes­sion­al per­form­ing artists after the adop­tion at sec­ond read­ing of the “Creation” bill pre­sent­ed by the French gov­ern­ment which makes pro­vi­sion for all com­pa­nies in the enter­tain­ment busi­ness, whether sub­sidised or not, to be able to resort to using unpaid artists.

Under the guise of fos­ter­ing ama­teur prac­tices, the French gov­ern­ment is organ­is­ing the legal­i­sa­tion of negat­ing the trade of per­former, by sug­gest­ing that the work of a musi­cian or actor does not need to be remunerated.

This is a his­toric regres­sion, in a coun­try which has a rep­u­ta­tion for treat­ing its artists worthi­ly. It is also a severe step back­wards with regard to arti­cle III.3 of the Recommendation con­cern­ing the Status of the Artist, adopt­ed unan­i­mous­ly in 1980 by Member States of Unesco (includ­ing France) and which stip­u­lates that “Member States […] take all nec­es­sary steps to stim­u­late artis­tic cre­ativ­i­ty and the flow­er­ing of tal­ent, in par­tic­u­lar by adopt­ing mea­sures to secure greater free­dom for artists, with­out which they can­not ful­fil their mis­sion, and to improve their sta­tus by acknowl­edg­ing their right to enjoy the fruits of their work.” […]
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Cameroon | The complaint lodged by FIM and SYCAMU at ILO has made the government give way

SYCAMU

Via order of 12 February 2016, the Cameroon gov­ern­ment raised the sus­pen­sion order on SYCAMU. This order was the sub­ject of the com­plaint lodged joint­ly by SYCAMU and FIM to the ILO Committee on Freedom of Association.

The deci­sion inter­vened very quick­ly after the gov­ern­ment received noti­fi­ca­tion from ILO of the com­plaint against it, a com­plaint it judged suf­fi­cient­ly severe and rel­e­vant not to go any fur­ther down the road.

The deci­sion of the Cameroon gov­ern­ment is a relief for FIM and SYCAMU, which can now resume its activ­i­ties serv­ing the country’s music artists.

It is also a demon­stra­tion that our deter­mi­na­tion and action as an inter­na­tion­al fed­er­a­tion are essen­tial for pro­tect­ing the rights of the work­ers we represent.