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PORTUGUESE COMMUNIST PARTY
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Draft Law No 247 /XI/1ª
Defines the applicable socio-professional regime
to workers in the performing arts and audiovisual media
Exhibition of reasons
The situation of labour and social disprotection of the workers of the arts
spectacle was the subject of a legislative procedure in the X Legislature triggered by the
Parliamentary group of the CFP and which culminated in the passage of Law No. 4/2008, 7 of
February, solely with the favorable votes of the ER.
For that process contributed the CFP with the Draft Law No 324 /X, whose
proposals were fully rejected by the absolute majority of which PS then
disposed in the Assembly of the Republic.
As the CFP then cautioned, the law passed on nothing solved the problems
felt by the workers of the performing arts, having even created difficulties
previously unexisting.
Subsequently, in the face of the lack of regulation of the matter concerning the
social protection of these workers, the PCP presented the Draft Law No 650 /X which
defined a protection regime appropriate to the specificities of its activities
professionals, particularly the intermittance that characterizes them.
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Considering that the situation is today in everything identical to the one that lived a year ago,
the CFP presents two new legislative initiatives, one aimed at defining the partner regime-
professional applicable to employees of the performing arts and audiovisual media, another
establishing the social protection regime of these workers.
The present legislative initiative aims at precisely the definition of the legal regime
applicable to employees of the performing arts with respect to access, certification
and professional qualification and labour relations.
The CFP retains the consideration that the essential issue is the consecration of the
contract of employment as a rule of contracting in the arts sector of the
spectacle, whenever there are subordinate working relationships or relations of
professional exercise that, by its integration into an organizational structure, if
characterize the economic dependence of the provider of the work on the face of the entity
employing.
It is established that any production of a professional nature should include a
minimum percentage of contract professionals not less than 70%, safeguarded the
situations in which the nature of the production does not allow the application of that rule to be
artistic professions.
Monitoring of compliance with the contracting rules requires the creation of a registration
from professionals of the performing arts to the Ministry of Labour, to where the
promoter entities of individual shows and content must send copy of the
labor contracts of the workers that integrate. Such compulsion will implicate the
need for the written reduction of the contracts of employment concluded, without prejudice to the
presumption of the existence of contract of employment, regardless of the form, to
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defence of the worker, whenever this is inserted in the organisational structure and if
find in a situation of economic dependence in the face of the employer.
The existence of a professional reconversion process is further envisaged, the
develop whenever the worker sees himself unable to develop his or her
professional activity as a result of the wear imposed by the same.
In these situations, particularly evident in the case of the dancers, the answer does not
may be the expiry of the employment contracts and the consequent unemployment, as if
establishes in Article 19 of Law No 4/2008.
For the CFP, the solution to be defined should be a solution that, on the one hand, guarantees the
maintenance of the job posting and the rights of the worker and on the other, allow the
taking advantage of your professional experience for the benefit of the same organisation but
in another functional framework.
Out of the present Draft Law stay many subjects certainly important
for the workers of the performing arts and audiovisual media, specifically in
tax matter or in specific subjects of some subsectors, the consideration of which shall
however it is realized in the seat of budget debate.
Noted the failure of Law No. 4/2008, the central objective of this bill is
to address the aspects of the socio-professional status of workers in the arts of the
spectacle and audiovisual that penalizes them in relation to the remaining workers by
inexistence or unsuitability of specific legislation that takes into account intermittency
and the precariousness of its activities.
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In these terms, under the applicable legal and regimental provisions, the
Undersigned deputies of the CFP Parliamentary Group present the following
Draft Law:
Article 1.
Subject
This Law sets out the legal regime applicable to workers of the arts of the
spectacle and audiovisual with regard to:
a) access, certification and professional qualification;
b) labour relations;
c) professional conversion.
Article 2.
Definition
For the purposes of this Law shall be understood by:
a) Spectacle-the whole public presentation of artistic manifestations intended
to the fruition by the public of activities connected to the creation, execution and interpretation,
that involves one or several artistic areas and the performance of "live" interpreters
in technically prepared physical spaces for the specificity of each
production;
(b) Audiovisual-all the communication product expressed with the joint use
of visual and sound components that involves one or several artistic areas
linked to the creation, execution and interpretation and which is intended for fruition by the
public through the Cinema, Video, Television, Radio or Multimedia.
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c) Professions of a strictly artistic nature-professions linked to creation,
execution and interpretation of works;
d) Professions of a technical-artistic nature-professions connected to the materials,
equipment and productive processes;
e) Professions of mediation-professions related to the organisation, management and the
sale of goods and services, with the valorisation, dissemination and classification of the works
and of the artists, as well as with the pedagogy of the arts and cultural animation and
urban.
Article 3.
Material scope
1-The regime defined in this Law shall apply to the artistic, technical-artistic professions and
of mediation of the performing arts and audiovisual media which constitute modalities of
organized subordinate work, in time and in space, according to programming
artistic, production and public presentation of the spectacles.
2-The provisions of the preceding paragraph shall not exclude from the scope of this Law the
professions that, although they are characterised by independent working regimes, if
find inserted, in the concrete case, in professional exercise relationships which, by their
integration into an organizational structure, if they are characterised by economic dependence
of the provider of the work in the face of the employing entity.
Article 4.
Personal scope
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1-A This Law shall apply to the professionals and trainees of the performing arts and the
audiovisual.
2-For the purposes of this Law, the individuals who are deemed to be professional shall be considered
dedicate your time, exclusive or predominantly, to the exercise of an activity
linked to the performing arts and audiovisual media, or from which to depend on their livelihood.
3-A This Law shall apply to employees of the performing arts and audiovisual media
who find themselves in individual employment contract arrangements, without prejudice to the scheme
more favourable arising from special law or instrument of collective regulation which
be applicable to them.
Article 5.
Access to professions
They consider themselves professionals of the performing arts and audio-visual arts for the purpose of the
application of the specific scheme provided for in this Law:
a) Higher course or professional course certificate holders
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.
b) Citizens who have exercised profession within the field of performing arts and
of the audiovisual in an exclusive or predominant manner, or of which it has depended on
their livelihood, for more than a year;
c) Citizens who have exercised profession in the field of performing arts and
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of the audiovisual for a minimum period of 240 days in the last year;
Article 6.
Trainees
For the purposes of this Law, interns shall be deemed to be the citizens who exercise
profession within the field of performing arts without complying with the requirements provided for in the
previous article.
Article 7.
Rules of hiring
1-The number of professionals hired for any production of nature
professional cannot be less than 70% of the total number of employees of each
of the occupations involved.
2-The scheme established in the preceding paragraph may not be applied to the professions
artistic when the nature of the production thus requires it.
3-The promoter entities of spectacle and audiovisual content of nature
professional must send to the Ministry of Labour and Solidarity a relationship of the
workers involved in each production, gathering copy of the respective contracts of
work, and, where appropriate, the rationale for the use of the faculty provided for in paragraph 2.
Article 8.
Registration
1-A proof of the quality of worker of the performing arts and audiovisual media
takes place upon enrolment in own existing registration at the Ministry of Labour and
Solidarity.
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2-A registration in the register is mandatory for all professionals in the performing arts
and of the audiovisual and confers a professional title issued by the Ministry of Labour and
Solidarity.
3-Registration takes place upon presentation of diploma, contract of employment or
another means of proof of the exercise of profession within the performing arts and the
audiovisual.
Article 9.
Contract of work
It is presumed that the parties have entered into a contract of employment whenever the worker
be inserted into the organisational structure and find itself in a situation of dependence
economic vis-à-vis the promoter entity of the show.
Article 10.
Duration and organization of working time
The employment contracts concluded within the framework of the performing arts and audiovisual media
may provide for specific regimens of duration and organisation of working time, having
into account the specific nature of the production in question, provided that in the period of duration
of the contract is respected the maximum average length limit of the weekly work of 40
hours.
Article 11.
Retribution
1-It is considered retribution all that what the worker is entitled to as
counterpart to your work.
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2-In the consideration of the work includes the base consideration and all the benefits made,
directly or indirectly, in cash or in kind.
3-Presume-if it constitutes retribution all and any provision of the employer
to the worker.
Article 12.
Professional conversion
1-Where the employee is not able to continue to carry out his or her professional activity
by reason related to the resulting wear and wear resulting from the profession is promoted a
process of professional reconversion.
2-Of the professional conversion may not result in diminishing rights for the
worker.
3-The process of vocational reconversion is defined in a conversion plan, the
establish by agreement between the employer and the employee, represented or not
by the respective union, containing the terms of the conversion, specifically:
a) the confirmation of the impossibility of performance of the professional activity which
vine being performed for reason arising from the wear of the own that of the
same results;
b) the option, duly substantiated, in relation to the profession for performance
of which the worker is to be reconverted;
c) the needs of vocational, academic or other training identified
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as indispensable to conversion;
d) the definition of the timetable for the realization of the various steps of the plan of
conversion.
4-The charges arising from the professional reconversion are borne by the entity
employer.
Article 13.
Subsidiary law
The cases missing in this diploma apply in supplement, the standards of the
general legislation that regulates labour relations.
Article 14.
Abrogation standard
It is repealed the Act No 4/2008 of February 7.
Article 15º
Entry into force
This Law shall come into force 30 days after its publication.
Assembly of the Republic, April 29, 2010
The Deputies,
JOÃO OLIVEIRA; BERNARDINO SOARES