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Partido Popular Party CDS-PP Parliamentary Group Assembly of the Republic-Palace of Saint Benedict-1249-068 Lisboa-Phone: 21 391 9233-Fax: 21 391 7456 Email: firstname.lastname@example.org DRAFT resolution 48/X Recommends to the Government the creation of a Labour, Fiscal Regime and Special Social protection for workers performing arts the performing arts always have been a fundamental pillar of culture and of cultural activity in Portugal. Currently, the importance of these activities for all recognized and, fortunately, this sector has been expanding, benefitting from increasing visibility. This development is due mainly to the huge effort of all workers who, often facing great difficulties and huge obstacles, dedicate themselves heart and soul to the performing arts, thus providing an invaluable contribution to the strengthening and growth of the culture area in Portugal. So, naturally, the expansion of the performing arts sector itself was accompanied by a large increase in professionals working in areas as diverse as music, theater or dance, among others. Are professionals who are dedicated to an activity that requires a lot of each one of them, and that in most cases have just as compensation the feeling of personal achievement for artistic creation. Professions relating to the performing arts are very diverse, but they all have a very characteristic trait: your own specificity. Therefore, it becomes increasingly urgent profile of these professions, and promote your appropriate legal framework, with a view to a proper and fair social and labour protection regime. In the field of performing arts, we are in most cases before professions with very particular characteristics, namely: irregular working hours, often with on weekends, holidays or at night (on the basis of performances);
2 2 alternating periods of activity with periods of low activity or relative inactivity; Frequent recourse to versatility; in some cases, rapid wear and short duration of the profession itself (as, for example, the case of the dancers and some circus performers); Permanent employment mobility (multiple employers and limited duration of the contractual links). There is an urgent need, therefore, to find solutions for this sector and special regimes, whether in the labour field itself, whether in the field of social security, or tax matters. Given the specificities of timetables, the permanent job mobility, the frequent use of versatility, and the temporary nature of most of these activities, we can only conclude that the General rules of the labour code are insufficient to ensure adequate protection to these professionals. The absence of specific rules is maximising the use of instruments completely unsuited to situations concerned. A good example of this, is the increasingly frequent use of service contracts, to the detriment of employment contracts. In the case of social security, the existence of professions of rapid wear and short-lived justifies, for sure, the existence of special schemes of dégagement, as well as systems for accidents at work and occupational diseases. We are dealing with careers that end much earlier than usual, and the impact of an accident at work can be much greater, and the tables of disabilities do not match the specificities inherent to these professions. In the latter case, it should be noted that there is already a specific regime of compensation for damage arising from accidents at work of professional sports practitioners, which may be a good starting point for the creation of a system similar to the professionals in the performing arts. Finally, in the tax field, alternating periods of activity with periods of relative inactivity, as well as the short durability of professional life, should also be properly framed. However, for the establishment of these specific arrangements is essential to the creation of a system to recognize the possession of basic skills and certain conditions to ensure fairness in access to these special schemes.
3 3 the Parliament decides, pursuant to paragraph 5 of article 166 of the Constitution of the Portuguese Republic, to recommend to the Government that: 1 – until the end of the parliamentary term, create special regimes needed to promote a labour framework, fiscal and social protection, which allow a more fair and equitable treatment workers of the performing arts. 2-to this end, promote a study to make the diagnosis concerning the legal status of workers in the performing arts, in particular in the fields of Social Security, labour law, accidents at work and occupational diseases, professional training and the fiscal framework of these activities. 3 – Discuss this diagnosis with all representatives of the sector, so that their contributions and suggestions can be included in the conclusions of the diagnosis.
Lisbon, 24 June 2005 Members of the CDS-PP,
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