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Parliamentary Group

DRAFT LAW NO. 364 /X

ESTABLISHES THE LABOUR AND SOCIAL REGIME

OF THE PROFESSIONALS OF THE ARTS

OF THE SHOW AND THE AUDIOVISUAL

Exhibition of reasons

When you watch a show, it is imaging that the professionals who

allowed have all the recognition and professional valorisation. Hardly if

imagines that behind ever more elaborate productions-in a sector in

growing expansion and emergence of new professions and activities-meet

situations that end precariousness and social and labour deregulation.

The truth is that insecurity marks the lives of a good part of the professionals of the

performing arts, whether it deals with actors, dancers, musicians or technical staff and

of the audiovisual sector.

Intermittency, coupled with the deregulation of the sector, has led to the celebration of

work contracts that are customarily limited to the time I meted out the preparation and

the concretization of the respective productions. Inherent in the lack of regulation, it finds-

if a high precariousness, where the false green receipts for service provision are

generalized, thus assists in the lack of social responsibility of the employer.

This framework of insecurity and precariousness makes it urgent for a regime to guarantee the

arts and performing workers social and labour rights appropriate to their

activities. A framework that recognizes fundamental rights and, at the same time,

respect and integrate the characteristics of discontinuity and intermitteness of these

professional activities

Recognizing and valuing the work of these professionals implies the notion of a time

activity specific, which does not only boil down to the period devoted to the tests and

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to the spectacles, which varies between a few days to months, but also ends periods

dedicated to the training, the search for new work, the gestation of new projects, the

experimentation, the research.

De France comes the example of support for intermittent professionals from the area of

spectacle with a regime that is, possibly, the most regulated and what the largest

number of benefits offers in the European space.

In that country, arts professionals must work a minimum number of 507

hours of work in a period of 11 months of work to be able to benefit from a

financial support that can extend up to one year. This support is calculated in function

of the income earned over that period and composed of 60% of the usual salary

and for 40% of an intermittance allowance.

This type of financial support originated, between 1993 and 2003, an addition of

intermittent professionals in the French cultural sector, which went from 50 thousand to a hundred

a thousand, mostly young creators and interpreters of small companies, who act,

essentially, in the new areas of the show, such as the new circus or street theatre,

but also in the theatre, in dance and in cinema.

In France, more than 30 years of professional status allowed to create a fabric

autonomous cultural very strong. The structures were able to develop, intermittent

gained a relative stability that allowed them to devote time to research and to the

development of projects. The quality of the offer has increased and diversified.

In Spain there is also legislation providing for support for professionals

intermittent. From the negotiation that took place in 2002, between the Federation of

Actors of the Spanish state, the government and entrepreneurs in the sector, has been consecrated a

quotization system that maintains the specificity of artists in the Security regime

Social. This social quotization represents double the normal discount of the remaining

workers. For each day of work discounts the equivalent of two, over the course of a

year. This situation allows, the following year, if an actor works for half a year,

benefits from three months of intermittance allowance.

In the United Kingdom, legislation in that area is not uniform, and may vary by

the territory, with the British government having expressed an intention to change the regime of the

professionals in the arts and the spectacle, task for which they consulted the unions and the

representative professional associations of the class.

In Portugal it is key to the emergence of legislation that defines a regime

that safeguard the social and labour rights of these workers. That is, incidentally, the

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claim from the platform of the organisations of the show professionals and the

audivisual, which calls for the creation of a labour and social regime appropriate to the needs

of the intermittent workers.

It is therefore urgent to create legislation that defines a regime that safeguards the

nature of the arts of the spectacle and the audiovisual as to the contract of work and the

their subordinate intermittent working relationship, the prediction of the hourly load, the regime

of mandatory and compensatory rest.

On the other hand, there are professional activities whose risks inherent in each production

vary depending on the creativity of the author and the approval of the entrepreneur / producer, by the

that employees hired for the execution of these works must be entitled to a

insurance of accidents at work provided by the company.

Determinant is to establish the right to Social Security of employees per account

of an outrain, by way of the compulsory establishment of a contract of employment that regule

the labour relations. The overwhelming majority of young Portuguese players paid for

green receipt does not carry out discounts or discounts for the minimum grade for safety

social because the system provides for monthly payments for occupations in which there is no

monthly earnings. In that measure, most do not have financial means to

ensure this commitment to the state.

The Left Block with the present Diploma:

-Establishes a labour and social regime of the professionals of the performing arts and

of the audiovisual, by defining rules of contracting, professional qualification, regime of

social security and protection in unemployment.

-Define the "professionals of the performing arts and audio-visual arts" as all

those who are due to the exercise of an activity connected to the performing arts and

of the audiovisual and of which it depends on its subsistence, as well as the "trainees", as

being the individuals who work in an early career state, for a period

deemed to be of learning and preparation for a future professional insertion.

-Establishes the presumption that they are " professionals of the performing arts and the

audiovisual " all holders of higher course diploma, or professional course

habilitative for the exercise of profession within the field of performing arts, provided that

have frequented internship or have exercised profession or professional practice in the

scope of the performing arts and audiovisual media, for time longer than two years

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consecutive or intercalated, unless the respective sector of activity, through

collective bargaining, define a lower period of time.

-Creates the mandatory reduction in writing of the contract of employment, second

model to be defined by the Ministry of Labor, whether the same concluded without a term or the

term right or uncertain, the latter being intended for those who exercise the work

professional with temporary, discontinuous and intermittent character.

-Establishes the presumption of the existence of a contract of employment whenever the

worker is entered in the organizational structure and finds itself in situation of

economic dependence in the face of the promoter entity of the show or event.

-Determines the duration of the contract of employment at the right or uncertain term with whom

carries out professional work whose nature is temporary, discontinuing and intermittent,

which will be able to last for all the time required for completion of the activity, task, or

project the implementation of which justifies the conclusion, or by the agreed deadline, which may be

renewed up to the maximum two-year limit, fining which will be converted into contract

of work without a term.

-Foresees that the successive celebration of fixed-term employment contracts with

workers who exercise professional activity of a temporary nature, discontinuous and

intermittent, is allowed, saved if it is intended for the satisfaction of the same needs

permanent employer, which determines the automatic conversion of the relationship

legal in contract without a term.

-Establishes that any production of a professional nature must include a

minimum percentage of professionals not less than 80%, safeguarded the situations

in which the nature of the production does not allow the application of these rules to the

artistic productions, to this way guarantee the quality of the show or the product

audiovisual.

-Determines the rules of acquisition of the qualification of " professional of the arts of the

spectacle and audiovisual ", through enrolment in the Ministry of Labour, with the

presentation of supporting documents of professional or contract habilitation

of work or other means.

-Predicts the obligation of the employer, in the event of a cessation of the contract, to pass the

worker document where you consume the time during which you have been at your service, the

functions that it has performed and the total of the earned remunerations.

-Establishes the organization of the working time mandating that the period

maximum normal working average is 40 hours weekly, without prejudice to the

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establishment of more favourable regimes for workers, through instruments

of collective labour regulations, as well as obliges, which between two periods of

daily work, there is a rest duration of not less than twelve hours.

-It defines that professionals and trainees who earn remuneration, are

covered compulsorily by the social security scheme of employees by

account of outrain, regardless of their labour link, benefiting from the right to

allocation of social benefits, guaranteed as rights.

-Establishes as criteria for the determination of the amount of benefits

substitutes for labour income, the level of income and the period of

contribution.

-Possibilites access to benefits, such as unemployment benefit, to the

workers in temporary, discontinuous and intermittent laboration, the time limit of

contract is less than 6 months or for uncertain time.

-Establishes that through own legislation will be determined access to the right

anticipated to old-age and disability pensions, taking into account the artistic professions

particularly sizzle and fast wear.

-Envisage a special vocational redevelopment scheme aimed at professionals

of the performing arts and audiovisual media, which have exercised their profession by a

period of not less than fifteen years, through recognition, at the end of career, of the

equivalence to graduation in the Arts of the Spectacle and Audiovisual. Such equivalence

allows you to teach in the basic and secondary education, under conditions to be defined in Portaria,

as well as in higher education, provided that it supplemented with pedagogical training

appropriate to the respective degree of education to be obtained through the frequency of courses

suitable and recognized.

-Establishes a regime of counter-ordinances for violation of the standards relating

to the contract of employment, its celebration, duration and succession, as well as to the rules of

hiring of professionals, compulsory from the employer to issue statement of

work on the cessation of contract and compulsory enrollment in the general security regime

social.

-Provides for the implementation of the provisions of the general legislation and supplementary legislation of the

accidents at work and occupational diseases, as well as consider that the remitment of the

pension due in these occurrences, constitutes, in all cases, a faculty of the

worker.

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Thus, in the applicable Constitutional and Regimental terms, the Parliamentary Group of the

Left Block presents the following draft law:

Chapter I

General provisions

Article 1.

Subject

The present diploma establishes the labour and social arrangements of the Professionals of the Arts

Spectacle and Audiovisual, by defining rules of hiring, qualification

professional, social security regime and protection in unemployment having at

consideration of the own specificity of the professions covered.

Article 2.

Material scope

The scheme defined in this diploma shall apply to the artistic and technical professions of the

performing arts and audiovisual media that constitute working modalities

organized, in time and in space, in accordance with the elaboration and artistic production and the

public representation of the spectacles.

Article 3.

Personal scope

1-The present diploma applies to professionals and trainees of the performing arts

and of the audiovisual.

2-Considerate professionals of the performing arts and audiovisual arts the artists,

interpreters or performers, who are due to the exercise of an activity connected to the

performing arts and audiovisual media and from which to depend on their livelihood.

3-Considerate trainees, for the purposes of this diploma, the individuals who

work in an early state of the career of the performing arts and audiovisual media, by

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a considered period of learning and preparation for a future insertion

professional in the performing arts and audiovisual media.

Article 4.

Presumptions

For the purpose of application of the specific schemes provided for in this diploma,

are presumed professionals of the performing arts and audiovisual media, namely:

a) Higher course diploma holders or habilitative professional course

for the exercise of profession within the scope of the performing arts that are

officially recognized or certified in the terms applicable to the respective

degrees of education or training, as long as they have been attending internship;

(b) Who has exercised profession or exercised professional practice within the framework of

performing arts and audiovisual media, for time longer than two years

consecutive or intercalated, unless the respective sector of activity, through

of collective bargaining define a lower period of time.

Chapter II

Contractual arrangements

Article 5.

Contract of work

1-The contract of work of the professionals of the performing arts and audiovisual media

can be celebrated without a term, the right or uncertain term, being mandatory for its reduction

in writing, regardless of the nature of the agreed labour link, and the indication of the

grounds for the right or uncertain term of the contract.

2-The right or uncertain term employment contract is applicable to those who exercise the work

professional with temporary, discontinuous and intermittent character.

3-The contract of employment referred to in the preceding paragraphs obeys the model to be published

at Portaria issued by the Ministry of Labour, being filled in triplicate,

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targeting one of the copies to the worker, another to the employing entity and another

to the Ministry of Labour .

4-Presume the existence of a contract of employment whenever the worker is

inserted into the organisational structure and find itself in a situation of economic dependence

face to the promoter entity of the show or event.

5-In the case of pretertition of the formalities referred to in numbers 1 and 3, the contract

automatically converts to non-term contract.

Article 6.

Duration of the contract of employment

The contract of employment concluded for the right or uncertain term, with whom it exercises the work

professional whose nature is temporary, discontinuous and intermittent, lasts for the whole

time required for completion of the activity, task, or project whose implementation

justifies the conclusion or by the agreed deadline, which may be renewed up to the limit

maximum two years, fined which will be converted into an unterminated contract of work.

Article 7.

Successive contracts

The successive celebration of fixed-term employment contracts with workers who exercise

professional activity of a temporary, discontinuous and intermittent nature is permitted,

save if it is intended for the exercise of the same functions or to the satisfaction of the same

permanent needs of the employer, which determines the automatic conversion of the

legal relationship in non-stop contract, counting for the seniority of the worker

all the time elapsed from the beginning of the first contract of employment.

Article 8.

Rules of hiring

1- The number of professionals hired for any production of nature

professional cannot be less than 80% of the total number of employees of each

of the occupations involved.

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2-The promoter entities of spectacle and audiovisual content of nature

professional must send to the Ministry of Labour a relationship of all the

workers involved in each production, gathering copy of the respective contracts

of work.

3-Exceptionally, in accordance with the nature of the project and upon application to the

Ministry of Labor, may be authorized to carry out productions in which

intervene non-professionals.

Article 9.

Qualification of professional

The qualification of professional of the performing arts and audiovisual arts acquires

by enrolment with the Ministry of Labour, with the presentation of

supporting documents of the professional or contract habilitation or employment contract

other means that prove the exercise of paid professional activity,

by the period defined in point (b) of Article 4.

Article 10.

Termination of the contract

Ceasing the employment contract, the employing entity must pass the worker

document where it consents the time during which it has been to its service, the functions that

played and the total of the compensation earned.

Article 11.

Organization of working time

1-The maximum normal working period is 40 hours weekly, without prejudice

of the establishment of more labor-friendly regimes, through

instruments of collective labour regulation.

2-A The organisation of the work shall necessarily respect between two periods of work

journal, a rest duration of not less than twelve hours.

3-For the comedic of the working time shall count, compulsorily, the duration of the

rehearsals, preparation of events and rest intervals.

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Chapter III

Social protection regime

Article 12.

General regime

The professionals of the performing arts and audio-visual and the trainees who earn

remuneration are covered compulsorily by the social security scheme of the

workers on the account of outrain, provided for in the legislation in force, with the adaptations

contained in this diploma, regardless of their labour link.

Article 13.

Compulsory registration

1-It is mandatory to enroll the professionals of the performing arts and audiovisual media and

of the respective employing entities in the general social security regime.

2-The employing entities are responsible for the enrolment of the workers to their

service in the general scheme of the social security of employees on account of outrain.

3-Workers must report to the respective services of social security the

start of your professional activity or linking it to a new entity

employing.

Article 14.

Contributions

1-Employers and employing entities are required to contribute

monthly for the financing of the general social security scheme of the

workers on an outrain account.

2-Monthly contributions are determined by the incidence of the percentages fixed

on remunerations in accordance with the general scheme applicable to employees by

account of outrain.

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3-The monthly contributions of workers must be discounted on the amount

of their respective remunerations and delivered to the respective services of social security

by the employing entity in conjunction with its own contribution.

Article 15.

Conditions for the allocation of benefits

The allocation of the benefits of the general scheme of the employees on account of outrain, to the

professionals in the performing arts and audiovisual media, depends, as a rule, on the course

of a minimum guarantee period of contributions or equivalent situation provided for in the

present diploma.

Article 16.

Allocation of benefits

1-All professionals in the performing arts and audio-visual arts, independently

of your labour link, are entitled to the allocation of social benefits, guaranteed as

rights, in the eventualities of, inter alia:

a) disease;

b) maternity, paternity and adoption;

c) professional risks;

d) unemployment;

e) invalidity;

f) old age;

g) death;

h) family charges

i) poverty, dysfunction, marginalization and social exclusion;

j) absence and insufficiency of economic resources of individuals and aggregates

family members to meet their minimum needs and for promotion of their

progressive social and professional insertion;

l) other situations provided for in the law.

2-In the area of this Law, it is considered that the de facto union produces the effects of the

marriage.

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Article 17.

Determination of the amounts of benefits

1-Constitute fundamental criterion for the determination of the amount of benefits

substitutes for labour income, the level of income and the period of

contribution.

2-Through own legislation will be determined the access of the arts professionals

of the spectacle and the audiovisual to the early right to old-age and old-age pensions

disability, taking into account particularly painful and unworn artistic professions

fast.

Article 18.

Unemployment allowance

1-The warranty deadlines for the allocation of unemployment subsidence to professionals

of the performing arts and audiovisual media are of:

a) 450 days of work by an account of others, with the corresponding record of

remunerations, in a period of 24 months immediately prior to the date of

unemployment;

b) 120 days of work by an account of you, with the corresponding record of

remunerations, in a period of 12 months immediately prior to the date of

unemployment.

2-The period of grant of the unemployment subsidence is:

a) 12 months for beneficiaries under the age of 30 years;

b) 18 months for the beneficiaries aged 30 years and above

to 40 years;

c) 24 months for beneficiaries aged 40 years and above

to 45 years;

d) 30 months for the beneficiaries aged 45 years and above.

3-The periods of concession provided for in the preceding paragraph shall take into account the

beneficiaries hired in temporary, discontinuous and intermittent laboration, whose

term of the contract is less than 6 months or for uncertain time, applying the

conditions laid down in paragraph (b) of paragraph 1 .

4-The periods of the granting of unemployment benefits, to the beneficiaries that date

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of the application shall be aged 45 years and above, are increased from 2 months

by each group of 5 years with record of remuneration, in the last 20 calendar years that

forego that of unemployment.

5-The period of granting the social unemployment benefit, when awarded

subsequently to the unemployment allowance, has a corresponding duration to

half of the periods set out in paragraph 2 of this Article, taking into account the age of the

beneficiary to the date on which he ceased the granting of the unemployment allowance.

Chapter IV

Accidents at work and occupational diseases

Article 19.

Regime

Applies to professionals covered by this diploma as provided for in the general legislation and

supplementary legislation for accidents at work and occupational diseases.

Article 20.

Remand of the pension

The remitment of the pension due by accident of work or occupational disease constitutes,

in all cases, a faculty of the worker.

Chapter V

Counter-ordering

Article 21.

Provisions applicable

The provisions of the regime of counter-ordinations in the framework of social security schemes

applies to the situations provided for in this diploma.

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Article 22.

Counter-ordinations in particular

1-A violation of the provisions of paragraphs 1 and 3 of Article 5, in Article 6 and Article 7,

constitutes counter-ordinance punished with upstream fine situated between the € 2000 and the

€ 6000.

2-A violation of the provisions of paragraphs 1 and 2 of Article 8, in Article 10 and in the figures

1 and 2 of Article 13, constitutes counterordinance punished with upstream coyme situated

between the € 1000 and the € 3000.

Chapter VI

Final provisions

Article 23º

Special vocational reconversion scheme

1-To the professionals of the performing arts and audiovisual arts whose professions are

recognized as being of fast wear and who have exercised their profession by

a period of not less than fifteen years is recognized, at the end of your career,

equivalence to graduation in the performing arts and audiovisual media.

2-A equivalence to graduation in the performing arts and audiovisual arts allows

teach in elementary and junior high school, under conditions to be defined in Portaria, as well as

in higher education, provided that it supplemented with appropriate pedagogical training to the

degree of respective education to be obtained through the frequency of appropriate courses and

recognized.

3-The provisions of the Normative Dispatch n. 79/83 of March 14, apply to the

workers covered by this diploma.

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Article 24.

Abrogation standard

The Decree-Law No. 328/93 of September 25, as amended, is hereby repealed.

given by the Decree-Law No. 240/96 of December 14 with regard to the situations

covered by this diploma, except those of which result in a comprehensive treatment

more favorable for the worker.

Article 25.

Entry into force

This Law shall come into force with the publication of the State Budget subsequent to the

your approval.

The Deputies and Deputies of the Left Bloc