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1 Group BILL No. 364/X establishes the labour and SOCIAL REGIME of the PROFESSIONALS in the PERFORMING ARTS and AUDIOVISUAL explanatory memorandum When watching a show, imagine that the professionals that allowed have all the recognition and professional valuation. It is difficult to imagine that behind increasingly elaborate productions-a growing sector expansion and emergence of new professions and activities-are situations that contain precariousness and social and labour market deregulation. The truth is that the insecurity of life brand a good part of the performing arts professionals, whether they be actors, dancers, musicians or technical staff and of the audiovisual sector. The flashing, coupled with the deregulation of the sector, has led to the conclusion of contracts of employment that usually limited to time the preparation and implementation of their productions. Inherent in the lack of regulation is a high insecurity, where false receipts from the provision of services if favourable trends, thus the lack of social responsibility of the employer. This picture of insecurity and precariousness makes urgent a system ensuring to the workers of the arts and show business, social and labour rights commensurate with their activities. A framework which recognises fundamental rights and, at the same time, respect and integrate the features of discontinuity and own burst of these professional activities recognize and value the work of these professionals implies the notion of a specific time, which is not limited only to the period devoted to essays and 2 shows, that varies from a few days to months, but also closed periods dedicated to training , looking for new jobs, the gestation of new projects, to experiment, to research. From France comes the example of intermittent workers support the show with a regime that is possibly the most regulated and what the greatest number of offers benefits in Europe. In this country, arts professionals must work a minimum number of 507 hours of work over a period of 11 months of work in order to qualify for financial support can extend up to one year. This support is calculated on the basis of income received throughout this period and consist of 60% of the usual salary and 40% flashing allowance. This type of financial assistance between 1993 and 2003 originated, an increase of intermittent French cultural sector professionals from 50000 to 100000, in your most young creators and interpreters of small companies, which Act mainly in new areas, like the new circus and street theater, but also in theatre, dance and film. In France, more than 30 years of professional status made it possible to create a very strong autonomous cultural fabric. The structures might evolve, the intermittent gained a relative stability that allowed them to devote time to research and development projects. The quality of the offer has increased and diversified in Spain there is also legislation that provides support for Flash professionals. From trading that occurred in 2002, between the Federation of actors of the Spanish State, the Government and entrepreneurs in the sector, was consecrated a levy system that keeps the specificity of the Social security scheme for artists. This social levy represents twice the normal discount of the remaining workers. For each day of work the cash equivalent to two over a year. This situation allows the following year, if an actor working for half a year, benefits from a three-month burst allowance. In the United Kingdom, the legislation in this area is not uniform and may vary depending on the territory, the British Government expressed intention to modify the arrangements applicable to the professionals of the arts and show business, task for which consulted with trade unions and professional associations which are representative of the class. In Portugal it is essential to the emergence of legislation that set a regime that safeguards the social and labour rights of these workers. Is this, in fact, claim 3 of the platform of trade show professionals and audiovisual, which requires the creation of a labour and social regime appropriate to the needs of the intermittent workers. It is therefore urgent to create legislation that set a regime that safeguards the nature of Arts and audiovisual performances as to the employment contract and the intermittent working relationship your subject, to forecast the workload, the mandatory rest and compensatory regime. On the other hand, there are professional activities whose risks inherent in every production vary depending on the creativity of the author and the approval of Manager/producer, by workers hired for the execution of these works shall be entitled to a work accident insurance provided by the company. Determinant is to establish the right to Social security of employees, through the mandatory establishment of a contract of employment that regulate labour relations. The overwhelming majority of young Portuguese actors paid to green receipt does not discounts or cash by the minimum step to social security because the system provides for monthly payments to professions where there is no monthly income. To that extent, most do not have financial means to ensure this commitment with the State.
The Left block with this Decree-Law:-establishes a labour and social regime of the professionals in the performing arts and the audiovisual sector, defining rules of employment, professional training, social security and unemployment protection.
-Defines the ' professionals in the performing arts and audiovisual» as all those who dedicate themselves to the exercise of an activity related to the performing arts and audiovisual and which depend on the your livelihood, as well as the ' trainees ' means as individuals who work in early stage of career, by a period of learning and preparation for future employability.
-Establishes the presumption that are ' professionals in the performing arts and audiovisual» all holders of diploma of higher education, or professional course for enabling the exercise of profession in the field of performing arts, provided that they have attended training course or have exercised profession or professional practice in the field of performing arts and the audiovisual sector, for more than two years
4 in a row or interleaved, unless their sector of activity, through collective bargaining, set a lower period of time.
-Creates the obligation of reducing the written employment contract, according to the model set by the Ministry of labour, is the same celebrated without term or the term or uncertain, being the latter intended to who exercises the professional work with temporary, discontinuous and intermittent.
-Establishes a presumption of the existence of a contract of employment where the employee is entered in the organizational structure and is in a situation of economic dependence vis-à-vis to the promoter of the show or event.
-Determines the duration of fixed-term employment contract or uncertain who performs professional work whose nature is temporary, discontinues and intermittent can last for all the time needed for completion of the activity, task, or project which justifies the conclusion, or by the agreed time limit, which may be renewed up to a maximum of two years, after which will be converted to open-ended employment contract.
-Provides for the conclusion of successive fixed-term contracts with workers engaged in professional activity of temporary nature, discontinuous and intermittent, is allowed, unless it is intended to satisfy the same permanent employer needs, what determines the automatic conversion of legal relationship in contract without term.
It states that any production of a professional nature should include a minimum percentage of not less than 80% professionals, safeguarded the situations in which the nature of the production itself does not permit the application of those rules to artistic productions, to thus ensure the quality of the show or of the audiovisual product.
-Determines the rules of acquisition of the qualification of «professional performing arts and audiovisual ', through registration in the Ministry of labour, with the presentation of supporting documents of professional qualification or work contract or other means.
-Provides for the obligation of the employer, in the case of termination of the contract, pass to the employee document stating the time during which you were to your service, the functions performed and the total remuneration received.
-Establishes the Organization of working time by determining the maximum normal average working 40 hours a week, is without prejudice to the establishment of 5 schemes more favourable to employees, through collective labour regulation instruments, as well as requires, that between two periods of daily work, there is a home of duration not less than 12 hours.
-Sets that professionals and trainees who receive remuneration, are covered by the compulsory social security scheme of employees, regardless of your employment, benefiting from the right to the allocation of social benefits, guaranteed as rights.
-Establishes criteria for determining the amount of benefits instead of income, level of income and the contribution period.
-Enables access to benefits, such as unemployment benefits, workers in temporary, discontinuous and intermittent operation, for which the period of contract is less than 6 months or by time uncertain.
-Provides that through legislation will itself determined access to the right ahead of the old-age and invalidity pensions, taking into account the artistic professions particularly painful and rapid wear.
-Provides for a special regime for retraining aimed at professionals in the performing arts and the audiovisual sector, which have been engaged to your profession for a period of not less than fifteen years, through recognition, at the end of career, a degree of equivalence in the performing arts and the Audiovisual sector. Such equivalence allows teaching in school education, under conditions to be set in the lobby, as well as in higher education, since it complemented with appropriate pedagogical training to the level of their education to obtain through the frequency of appropriate courses and recognized.
-Establishes a system of administrative offences for violation of the rules relating to the employment contract, your conclusion, duration and succession, as well as the rules for hiring professionals, compulsory employer issue statement of work on termination of employment and from compulsory social security.
-Provides for the application of the provisions of general legislation and complementary legislation of accidents at work and occupational diseases, as well as considers that the redemption of the pension payable on these occurrences, is, in all cases, a College of the worker.
6 Thus, in Constitutional terms and applicable rules, the Parliamentary Group of the left bloc presents the following draft law: chapter I General provisions Article 1 subject-matter this Decree-Law establishes the labour and social regime of the professionals in the performing arts and the Audiovisual sector, defining rules of employment, professional training, social security and unemployment protection taking into account the specificity of professions covered.
Article 2 material scope the regime defined in this decree-law shall apply to artistic professions and techniques of performing arts and audiovisual constituting organized working modes, in time and space, according to the development and artistic production and the public representation of the shows.
Article 3 personal Scope 1-the present law applies to professionals and interns of the performing arts and the audiovisual sector. 2-the following shall be considered as professionals in the performing arts and the audiovisual performers, involved the exercise of an activity related to the performing arts and audiovisual and which depend on the your livelihood. 3-trainees shall be considered, for the purposes of this law, individuals who work in early stage of career of the performing arts and the audiovisual sector, for learning period 7 1 and preparation for future employability in the performing arts and the audiovisual sector.
Article 4 Presumptions
For the purposes of application of the specific arrangements provided for in this decree-law, assume professional performing arts and the audiovisual sector, in particular: a) the holders of diploma of higher education or professional course for enabling the exercise of profession within the performing arts that are officially recognized or certified in accordance with the procedure applicable to the respective degrees of teaching or training , provided that they have attended training course; (b)) Who have exercised or profession exercised professional practice in the field of performing arts and the audiovisual sector, for more than two consecutive years or interleaved, unless their sector of activity, through collective bargaining set a lower period of time.
Chapter II contractual Arrangements article 5 1 employment contract-the contract of employment of professionals in the performing arts and the audiovisual sector can be concluded without a term, Word or uncertain, being your obligatory reduction to written, regardless of the nature of employment and an indication of the reasons for the right term or uncertain. 2-the term employment contract or uncertain is applicable to whoever exercises the professional work with temporary, discontinuous and intermittent. 3-the employment contract referred to in the preceding paragraphs follows the model published in ministerial order issued by the Ministry of labour, being completed in triplicate, 8 and one of the copies to the employee, the other to the employer and the Ministry of labour. 4-it is presumed the existence of a contract of employment where the employee is entered in the organizational structure and is in a situation of economic dependence vis-à-vis to the promoter of the show or event. 5-in case of infringement of the formalities referred to in paragraphs 1 and 3, the contract converts automatically into contract without term.
Article 6 Duration of the employment contract the contract of employment concluded the right term or uncertain, who performs professional work whose nature is temporary, discontinuous and intermittent, lasts throughout the time required for completion of the activity, task, or project which justifies the conclusion or by the agreed time limit, which may be renewed up to a maximum of two years , after which will be converted to open-ended employment contract.
Article 7 successive Contracts the conclusion of successive fixed-term contracts with workers engaged in professional activity of temporary nature, discontinuous and flashing is allowed, unless it is intended to perform the same functions or to the satisfaction of the same permanent employer needs, what determines the automatic conversion of legal relationship in contract without term, telling the seniority of the employee all the time elapsed since the beginning of the first employment contract.
Article 8 Rules of engagement 1-the number of professional contractors for any production of a professional nature may not be less than 80% of the total number of employees of each of the professions involved.
9 2-the entities promoting shows and professional nature of audiovisual content must submit to the Ministry of labour of all workers involved in each production, copy of their employment contracts. 3-exceptionally, according to the nature of the project and upon request to the Ministry of Work, may be authorised to carry out are conducted through non-professional productions.
Article 9 professional qualification professional qualification of the performing arts and audiovisual acquired through registration with the Ministry of labour, with the presentation of supporting documents of professional qualification or work contract or other means of proving the exercise of a gainful occupation for a period defined in article 4 (b)).
Article 10 termination of employment Ceasing the employment contract, the employer must pass to the employee document stating the time during which you were to your service, the functions performed and the total remuneration received.
Article 11 organisation of working time 1-the maximum average normal working 40 hours a week, is without prejudice to the establishment of more favourable to employees, through collective labour regulation instruments. 2-the Organization of work relation, between two periods of daily work, a home of duration not less than 12 hours. 3-For the calculation of working time will count, the duration of the tests, the preparation of events and the intervals of rest.
Chapter 10 III social protection Regime article 12 General performing arts professionals and audiovisual and trainees who receive remuneration are covered by the compulsory social security scheme of the employees provided for in the legislation in force, with the adjustments contained in this Decree, regardless of your employment.
Article 13 1-compulsory registration is required of professionals in the performing arts and the audiovisual sector and their employers in the general social security scheme. 2-employers are responsible for the registration of workers at your service in the General system of social security of the employees. 3-workers must communicate to respective social security services the beginning of your occupation or your linking to a new employer.
Article 14 1-Contributions employees and employers are required to contribute monthly to the financing of the General system of social security of the employees. 2-The monthly contributions are determined by the incidence of the percentages laid down on the salaries in accordance with the general regime applicable to employees.
11 3-monthly contributions of workers should be discounted on the amount of their remuneration and delivered to respective social security services by the employer in conjunction with your own contribution.
Article 15 Conditions of assignment of benefits the award of benefits under the general scheme of the employees, the professionals in the performing arts and the audiovisual sector, depends on, as a rule, a minimum warranty period of contributions or equivalent situation provided for in this decree-law.
Article 16 Assignment of benefits 1-all professionals in the performing arts and the audiovisual sector, regardless of your employment, you are entitled to the allocation of social benefits, guaranteed as rights, in the eventuality of, inter alia: (a)); b) maternity, paternity and adoption; c) occupational risks; d) unemployment; e) invalidity benefits; f) old age; g) death; h) family expenses i) poverty, social exclusion, marginalization and dysfunction; j) absence and insufficiency of economic resources of individuals and households to meet their minimum needs and to promote progressive social and professional insertion your; l) other situations provided for in the law. 2-in the area of the present law, it is considered that the Union actually produces the effects of marriage.
12 article 17 Determination of the amounts of benefits is 1 key criterion for determining the amount of benefits instead of income, level of income and the contribution period. 2-through its own legislation will be given the access of professionals in the performing arts and audiovisual the right ahead of the old-age and invalidity pensions, taking into account the artistic professions particularly painful and rapid wear. Article 18 1 unemployment allowance-warranty periods for the award of the unemployment subsidy to professionals in the performing arts and the audiovisual sector are: a) 450 days of work on behalf of another person, with the corresponding pay record, over a period of 24 months immediately preceding the date of unemployment; b) 120 days of work on behalf of another person, with the corresponding pay record, over a period of 12 months immediately preceding the date of unemployment. 2-the period during which the unemployment allowance is: 12 months) for beneficiaries aged less than 30 years; b) 18 months for beneficiaries aged 30 years or more but less than 40 years; c) 24 months for persons aged 40 years or over but less than 45 years; d) 30 months for beneficiaries aged 45 years or more. 3-The concession periods provided for in the preceding paragraph shall take into account the beneficiaries engaged in temporary, discontinuous and intermittent operation, for which the period of the contract is less than 6 months or for an uncertain time, applying the conditions laid down in point (b)) of paragraph 1. 4-periods for the granting of unemployment benefits, beneficiaries which at the date of application 13 have age 45 years or more, are plus 2 months for each group of 5 years with registration of remuneration, in the last 20 calendar years preceding unemployment. 5-the period during which the unemployment social allowance, when assigned subsequently to unemployment benefit, has a duration corresponding to half of the periods laid down in paragraph 2 of this article, taking into account the age of the beneficiary at the time stopped the granting of unemployment benefits.
Chapter 4 accidents at work and occupational diseases article 19 scheme applies to the professionals covered by this legislation expected on general legislation and complementary legislation for accidents at work and occupational diseases.
Article 20 Redemption redemption of pension pension due for an accident at work or occupational disease is, in all cases, a College of the worker.
Chapter V administrative offences article 21 provisions applying the provisions of the Contraventions scheme under the social security schemes shall apply to situations referred to in this Decree.
14 article 22 administrative offences in particular 1-violation of paragraphs 1 and 3 of article 5, article 6 and article 7, is a misdemeanour punishable by a fine of between € 2000 and € 6000. 2-violation of paragraphs 1 and 2 of article 8, in article 10 and in paragraphs 1 and 2 of article 13, is a misdemeanour punishable by a fine of between € 1000 and € 3000.
Chapter VI final provisions article 23 special retraining Scheme 1-the professionals of the performing arts and audiovisual whose professions are recognized as being of rapid wear and who have practised your profession for a period of not less than 15 years is recognized at the end of your career, the equivalency degree in the performing arts and the audiovisual sector. 2-the equivalence to the degree in the performing arts and audiovisual allows teaching in school education, under conditions to be set in the lobby, as well as in higher education, since it complemented with appropriate pedagogical training to the level of their education to obtain through the frequency of appropriate courses and recognized. 3-the provisions of Legislative Decree No. 79/83 of 14 March, applies to workers covered by this legislation.
15 article 24 set Standard is revoked Decree-Law No. 328/93, of September 25, as amended by Decree-Law No. 240/96 of 14 December, as regards the situations covered by this regulation, except those of which result a global treatment more favourable to the worker.
Article 25 entry into force this law shall enter into force with the publication of the State budget following your approval.
The Members and members of left-wing Block
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