Austria▶
Contact within Gewerkschaft younion_die Daseinsgewerkschaft (younion):
Address:
Maria Theresien Strasse 11,
A-1090 Vienna,
Austria
General telephone number: 00431/31316-0
Website: www.younion.at
General email address: manuela.schickelgruber(at)younion.at
Contact person for the Dance Passport:
Sabine Herold
00431/31316-83841
sabine.herold(at)younion.at
(speaks German and English)
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– Yes. There are different collective agreements for performers/dancers at theatres and opera houses in Vienna and in the federal countries of Austria. These collective agreements were negotiated between the younion (HG VIII/Sektion Bühnenangehörige) and the responsible employer associations. Every year there are negotiations between younion and the employer associations concerning increase of the minimum wages.
> Collective agreement for dancers at the “Wiener Staatsoper” and “Volksoper Wien”. This is the so called “Ballettkollektivvertrag Bundestheater”.
> Collective agreement for performers (dancers are included) at the theatres / opera houses in the federal countries. This is the so called “Kollektivvertrag des künstlerischen Personals der Bundesländertheater” (Bühne Baden, Landestheater Linz, Oper Graz (Bühnen Graz), Salzburger Landestheater, Tiroler Landestheater Innsbruck, Landestheater Niederösterreich).
> Collective agreement for the performers at the “Vereinigten Bühnen Wien” (Musical/Opera: Raimundtheater, Ronacher, Theater an der Wien).
– These collective agreements are not available in English. They are only available in German.
– Collective agreements are valid for all dancers / performers (not only for younion – members), who work in the mentioned theatres with an employment contract (“Bühnenarbeitsvertrag”). There are also regulations for guests.
– There are many theatres and productions with no collective agreement (like festivals in summer, smaller theatre-groups, independent companies etc.). In this sector the so called Austrian “Theaterarbeitsgesetz” includes regulations regarding working conditions.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
– Yes, in the mentioned collective agreements. In the field with no collective agreement the minimum payment is not regulated by law, it is to negotiate between employer/producer and the performer.
– The “Theaterarbeitsgesetz” determines that all performers (also dancers) have to be granted an employment contract. But in reality you find also “Werkverträge” as self employed performer.
– In the field of theatres with collective agreements the employer is obliged to hand out the collective agreement to the performers. We as younion also inform about minimum rates in the collective agreements.
3. Do I qualify for social security?
– The regulations regarding question 3 to 16 performers find either in the collective agreements and or in the “Theaterarbeitsgesetz”. The “Theaterarbeitsgesetz” is the basis and the collective agreements improve this law. The “holiday pay” (13. and 14. salary is only regulated in collective agreements). Beside there are many “Betriebsvereinbarungen” concering working time, “accommodation etc.
– All other productions (with no collective agreement) are covered by the “Theaterarbeitsgesetz”.
Belgium▶
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
3. Is there a maximum of hour I could be required to work during rehearsal period / performance period?
4. What are the rules / practices regarding breaks?
5. Is there a standard provision in dancers’ contracts regarding holiday pay?
6. Should my travelling expenses be paid by my employer? What do the travelling expenses include?
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer’s control?
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
11. What are the standard contractual provisions in case of accidents, illness and injury?
12. Can I expect to be insured whilst performing in the country and must my contract mention this?
13. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
14. What should I keep in mind in order to avoid double taxation?
15. If something inappropriate happen. What should I do?
16. Do I qualify for social security?
Denmark▶
Contact within Danish Actors' Association (DSF):
Address:
Tagensvej 85, 3. sal,
2200 København N.,
Danmark
General telephone number: +45 3324 2200
Website: http://skuespillerforbundet.dk/
General email address: dsf(at)skuespillerforbundet.dk
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– Some fields of theatre, film, commercial, and television productions are covering dancers in Denmark by collective agreements. The collective agreements apply to all dancers and not only members of the Danish Actors’ Association. The collective agreements are not translated into other languages than Danish.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
– Gross salary are high in Denmark in comparison with other countries. Most salaries for in Denmark in the public and private sector are fixed by collective agreements.
– If the work is not covered by collective agreements the salary is negotiated individually and there are no minimum rates.
– Links to the collective agreements: http://skuespillerforbundet.dk/raadgivning/loen-ogansaettelse/overenskomster-og-kontrakter/.
3. Is there a maximum number of hours I could be required to work during rehearsal period / performance period?
-Denmark has no general law on working hours. The working time is determined in the employment contract, which may be part of a collective agreement. Typically the working time in Denmark is set to 37 hours per week.
– However, by law there are three rules on working time; “the 11-hour rule”, “the rule regarding one weekly day and night time off”, and “the 48-hour rule”.
– “The 11-hour rule” can be found in the Danish Working Environment Act. The rule stipulates that the employee is entitled to 11 hours of coherent rest within a period of 24 hours.
– The Danish Working Environment Act further states that the employee is entitled to a weekly day off.
– “The 48-hour rule” states that during a period of four months the average working time per week cannot exceed 48 hours. Thus, the weekly working time may be higher in some weeks if the employee is compensated with shorter working time in other weeks. This rule is originally from EU’s directive on working time.
4. What are the rules / practices regarding breaks?
– If you are covered by an collective agreement, it will state which rights you have concerning breaks. If you are not covered by an collective agreement, you are entitled to a break if your working time exceeds six hours.
5. Is there a standard provision in dancers’ contracts regarding holiday pay?
– All employees in Denmark are covered by the Danish Holidays Act. The rules do not apply to private contractors (e.g. if you are self employed). The Danish Holidays Act determines that you are entitled to five weeks of paid holiday each holiday year. The holiday is calculated as five days per week, which totals 25 days per year.
– You are entitled to paid holiday if you have earned the right.
– If you are covered by a collective agreement separate rules can apply to you.
6. Should my travelling expenses (travel to the country of employment and travel within the country of employment) be paid by my employer? What do the travelling expenses include?
– Your Danish employer is not obligated to pay your travel expenses to Denmark, but it can be individually agreed.
– If you are covered by collective agreement your job-related travel expenses will be covered.
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
– Your Danish employer is not committed to provide accommodation during your stay in Denmark, but it can be individually agreed.
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
– The contracts covered by collective agreement can not be terminated. If, in spite of this, the employer breaks the contract, you may be entitled to compensation.
– If the contracts are not covered by collective agreement separate conditions of termination can be agreed.
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer’s control?
– The employer can terminate the contract without paying compensation because of “force majeure”. If it is not force majeure you can be entitled to be compensated for your loss of income.
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
– There are no general rules regarding costumes and shoes. The normal practice is that the dancers are responsible for cleaning etc. of their “basic costume”.
11. What are the standard contractual provisions in case of accidents, illness and injury?
– Sickness is “lawful absence”. In other words, it is legal to be absent from work when you are sick.
– If you are covered by a collective agreement you are entitled to full pay during your sickness. If your work is not covered by a collective agreement make sure to get the right to payment during sickness in your contract.
– If you are absent from work because of sickness you must as soon as possible on your first sick day notify your employer or your workplace. If you fail to do so your employer can dismiss you without warning due to unlawful absence. It is your responsibility to prove that the notification has been given. Therefore, it may be a good idea to use e.g. your email.
12. Can I expect to be insured whilst performing in the country and must my contract mention this?
– All employees are covered by the employers insurance and it is not necessarily mentioned in the contract.
– Be aware that if you are not an employee but e.g. self employed you are not covered by the employers insurance.
13. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
– There can be contractual conditions regarding recordings and promotions. If the work is covered by a collective agreement the terms are stated in the agreement.
14. What should I keep in mind in order to avoid double taxation?
– All labor income is taxable in Denmark so if you also are taxable in another country you will risk double taxation. The rules about taxation are complicated. Please find more information here: https://europa.eu/youreurope/citizens/work/taxes/income-taxes-abroad/denmark/index_en.htm
15. If something inappropriate happen (e.g. sexual harassment), what should I do?
– Contact the Danish Actors’ Association who will help you. You can also contact the Danish Working Environment Authority or the anonymous hotline phone counselling for film and stage art: +4523697911
16. Do I qualify for social security?
– That depends on how long you have been working in Denmark. Social security in terms of unemployment benefits is based on insurance. Find out more here: https://www.min-a-kasse.dk/what-is-an-akasse
Finland▶
Contact within Suomen tanssi- ja sirkustaiteilijat (STST):
Address:
Hietaniemenkatu 2, 4th floor
00100 Helsinki
Website: www.teme.fi
Contact for the Dance Passport:
Sami Hiltunen
040-675 2150 (mon-to thu 12-15)
sami.hiltunen(at)teme.fi
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– We have a collective agreement for choreographers, dancers and circus artists. All theatres have to used it. It is not translated.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
– Yes: https://www.teme.fi/fi/tyoelama-ja-toimeentulo/palkat/teatteriala/
3. Is there a maximum number of hours I could be required to work during rehearsal period / performance period?
– Maximum working hours daily are 7,5 h. After that it is consider overtime and you should be paid extra.
4. Is there a standard provision in dancers’ contracts regarding holiday pay?
– Yes, 12% of the salary.
5. Should my travelling expenses (travel to the country of employment or travel within the country of employment) be paid by my employer? What do the travelling expenses include?
– Yes, if employer send you to gig or work to other place.
6. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
– You shouldn’t expect that, but it’s possible to negotiate expenses.
7. What are the standard contractual provisions if the employer cancels the production before the opening night?
– It depends of the case, of the contract and of the collecitve agreement. It depends if you are working as a choreographer or dancer. And also how much time before the opening night the production is cancelled.
8. What are the standard contractual provisions in case of accidents, illness and injury?
– Employers are expected to take insurance for accident and injuries for workers. If you get ill,the employer needs to pay the salary for nine days.
9. Can I expect to be insured whilst performing in the country and must my contract mention this?
– See previous question.
10. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
– Yes. The Collective agreement includes the rules.
11. What should I keep in mind in order to avoid double taxation?
– Please, contact to tax-office. https://www.vero.fi/en/individuals/
12. If something inappropriate happen (e.g. sexual harassment), what should I do?
– You should contact the superviser.
13. Do I qualify for social security?
– See: https://www.kela.fi/web/en/social-assistance-who-can-get
France▶
Contact within Syndicat Français des Artistes-Interprètes (SFA):
Address:
1, rue Janssen
75019 Paris
France
General telephone number: +33 (0)1 53 25 09 09
Website: www.sfa-cgt.fr
General email address: contact(at)sfa-cgt.fr
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– Dancers are covered by several collective bargaining agreements:
1. The ” convention collective nationale des entreprises artistiques et culturelles ” (regarding the publicly funded live performance sector)
2. The ” convention collective nationale des entreprises du secteur privé du spectacle vivant ” (regarding the private live performance sector)
3. The ” convention collective des parcs de loisir ” (regarding theme parks)
4. The ” convention collective nationale des artistes interprètes pour les émissions de télévision ” (regarding TV productions)
5. The ” convention collective nationale de l’édition phonographique ” (regarding music clips)
6. The ” convention collective de la production cinématographique ” (regarding film production
– These agreements apply to all performers, not just members of the union.
– They only exist in French.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
– Yes, there are minimum rates of pay for dancers in France, stipulated by the collective bargaining agreements. They are negotiated yearly and you can find them on the site of the SFA (https://sfa-cgt.fr/conditions-demploi/salaires)
3. Is there a maximum number of hours I could be required to work during rehearsal period / performance period?
– On this question as well as question 4 we are quoting the convention collective des entreprises artistiques et culturelles (subsidized companies and theatres) The rules are quite close in the private sector since these occurrences correspond to the usual practices.
– For short term contracts, during the rehearsal period the maximum number of working hours is 7 including the daily dancer class (1 hour ) and 9 in the last days preceding the 1st performance. During the performance period the working time cannot exceed 5 hours.
– For dancers in a permanently employed ballet company, during rehearsal period, the maximum number of working hours is 10. During performance it is 12.
4. What are the rules / practices regarding breaks?
– A break is compulsory in rehearsals after a maximum of 2 hours.
– Regarding lunch, a 60 minutes break must occur between 12 noon and 2 pm that can be reduced to 45 minutes if the dancers agree.
– Before a performance, there must be a 90 minute break.
5. Is there a standard provision in dancers’ contracts regarding holiday pay?
– For dancers employed under short term contracts, the employer must pay a percentage of salary to the “Congés spectacles” agency. Once a year the dancer receives, upon his or her demand to this agency, 10% of his or her total accumulated gross salary (the year runs from April 1st to March 30th).
– Permanently employed dancers, like all employees in France, receive at least 5 weeks paid vacation.
6. Should my travel expenses (travel to the country of employment and travel within the country of employment) be paid by my employer? What do the travelling expenses include?
– Travel expenses are covered by the employer to join the company and to leave at the beginning and at the end of the contract, as well as for tours organised by the employer. In case of tours exceeding one month, the employer must provide a trip home for each employee living in France every month, and every 3 months for employees living This last possibility exist in the national collective agreement for subsidized enterprises only.
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
– For publicly funded theatres, the per diem is negotiated annually, and you can find it here: https://sfa-cgt.fr/sites/default/files/eac_juillet_2017.pdf. In 2017, the per diem is set at 102.60€ dispatched as follows: 18.40€ /meal, 65.80€ /hotel room with breakfast. If not included, it’s 6.40€ for breakfast.
– In the private sector the per diem is set at 92€ dispatched as follows: 16€ for each meals / Hotel rooms with breakfast 60€ 8. What are the standard contractual provisions if the employer cancels the production before the opening night?
– If the production is cancelled at any time, the rest of the contract is due to the artist.
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer’s control?
– Same as above unless it is caused by “acts of God” (force majeure). These cases are usually determined in the courts. Some examples: war, earthquakes, revolution…(for instance a general strike is not recognised as being unpredictable)
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
– This is of the responsibility of the employer.
11. What are the standard contractual provisions in case of accidents, illness and injury?
– The dancer, as an employee, is covered through the general social security system, as well as through a supplementary insurance (prévoyance) provided by the employer.
12. Can I expect to be insured whilst performing in the country and must my contract mention this?
– Yes, and it must be mentioned in the contract.
13. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
– Minimal legal standards apply. The dancer should call the union for more specific information.
14. What should I keep in mind in order to avoid double taxation?
– Make sure everything is clear with your employer and in your contract concerning withholding provisions, and seek information in your country of fiscal residence before signing or leaving.
15. If something inappropriate happens (e.g. sexual harassment), what should I do?
– The best is to call the union. In any case, refer to the union delegate or the personnel representative if there are any. If necessary, do not hesitate to file a complaint with the police.
16. Do I qualify for social security?
– As an employee, which dancers in France are presumed to be, social security coverage is immediate upon beginning work. This covers health insurance and retirement provisions. Doctors and medicine are covered immediately. Sick pay requires several months to kick in. EU nationals can transfer the retirement credits earned, to their country of residence. Unemployment insurance can also be transferred under certain conditions.
Germany▶
Contact within GDBA, VdO,Verdi:
Genossenschaft Deutscher Bühnen-Angehöriger (GDBA)
Address:
Heinrichstr. 23-25,
22769 Hamburg
General telephone number: +49 (0) 40 4328244-0
Website: www.buehnengenossenschaft.de
General email address: gdba(at)buehnengenossenschaft.de
Contact for the Dance Passport:
Konstanze Roubal
+49 (0) 40 4328244-0
mitgliederbuero(at)buehnengenossenschaft.de
(speaks German & English)
VdO
Address:
Kolumbastrasse 5,
D-50667 Koeln
General telephone number: +49 (0)221 272 689 40
Website: www.vdoper.de
General email address: koenemann(at)vdoper.de
Contact person for the Dance Passport:
Tobias Koenemann, koenemann(at)vdoper.de
(speaks German & English)
ver.di - Vereinte Dienstleistungsgewerkschaft
Address:
Paula-Thiede-Ufer 10,
10179 Berlin
General telephone number: +49 30 6956 - 0
Website: https://www.verdi.de/
General email address: info(at)verdi.de
Contact person for the Dance Passport:
Valentin Döring
+49 30 6956 - 2327
darstellende-kunst(at)verdi.de
(speaks German, English & French)
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– Yes. It is called NV Buehne (Normalvertrag Buehne) and it is negotiated between GDBA and VdO on the union side and Deutscher Buehnenverein on the employers side. In general it is valid for members of said unions in full-time employment contracts and guest contracts in national companies and public theatres.
– There are collective company agreements between the union ver.di and the revue company “Friedrichstadt-Palast” as well as all commercial musical companies run by “Stage Entertainment”.
– A company collective agreement for the Staatsballett Berlin (Berlin State Ballet) is signed by GDBA, VdO and ver.di.- NV Buehne is valid at all theatres that are member of the Deutscher Buehnenverein (German state + public theatres and some private theatres) and has one general part and four separate sections including solo dancers and group dancers (corps de ballet).
– There are also regulations for guest contracts.
– An English translation is being worked on.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
– Yes, a minimum wage per hour is generally stipulated by state law.
– Monthly respectively per performance / rehearsal day minimum payment is granted by the collective agreements mentioned above.
3. Is there a maximum number of hours I could be required to work during rehearsal period / performance period?
– There is a legal maximum of 8 hours (in exceptional cases and subject to compensation on another day 10 hours) a day by law and a maximum of 7 hours for group dancers at public theatres.
– For further information on additional regulations regarding rehearsal times contact one of the responsible unions.
4. What are the rules / practices regarding breaks?
– There is the legal obligation to give a break of at least 30 min. after a maximum working time of 6 hours; in addition the collective agreement NV Buehne requires “adequate breaks” plus a 4 to 5 hours break before a performance.
– For further information on additional regulations regarding breaks contact one of the responsible unions.
5. Is there a standard provision in dancers’ contracts regarding holiday pay?
– Yes, basically it is the pro-rata average pay received in the working time during the year.
6. Should my travelling expenses (travel to the country of employment and travel within the country of employment) be paid by my employer? What do the travelling expenses include?
– There is no binding regulation but in public theatres it is usual that the necessary travel expenses are refunded within the limits set by taxation laws. However, it should be individually negotiated.
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
– Depends on individual negotiations.
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
– Subject to individual agreements, the general legal provisions do not deal sufficiently with that situation.
9. What are the standard contractual provisions in case of accidents, illness and injury?
– In NV Buehne there is a favorable regulation of continued payment in case of illness for up to 6 months. In case of accidents and injuries during work there is an automatic insurance to which all employers have to contribute for all their employees.
10. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
– There are stipulations in the collective agreements.
– For further information on additional regulations contact one of the responsible unions.
11. What should I keep in mind in order to avoid double taxation?
– That depends on the contractual relations between Germany and your home country.
12. If something inappropriate happen. What should I do?
– Besides the support by the unions there are employees’ reprasentations (Betriebsrat/Personalrat). In addition there is the trust-center against sexual harassment and violence called Themis which was set up as a joint body of trade unions, employers’ organizations, broadcasters and other cultural and media institutions and has started work. Staff in the theater, film and television industry, who experienced sexual harassment and violence in connection with their professional activities get the opportunity to entrust themselves to a lawyer and a psychologist through this offer. Strict confidentiality and, on request, anonymity will be guaranteed: https://themis-vertrauensstelle.de/
– And among other institutions exists the govermental institution called “Antidiskriminierungsstelle des Bundes”: http://www.antidiskriminierungsstelle.de/
13. Do I qualify for social security?
– The binding social security including health insurance applies as soon as you are an employee and does not have to be mentioned separately.
– By law a performer that is “bound by instructions” (for example instructions concerning: time, place, working schedule) is an employee. The biggest threat to this status is bogus self-employment.
– Freelance means in our definition that you are not working under a long-term employment contract. As a freelancer you possibly switch between short-term employment contracts and being self-employed.
– Considering this dancers in Germany are generally engaged:
· under full-time employment contracts (usually ballet-dancers in a company or musical-dancers in a commercial show) · as freelancers under short-term employment contracts (usually ballet-dancers as guest performers in a company or musical-dancers in a musical-production in a public-theatre)
· as independent/self-employed workers (usually in the off-scene)
· as partner of a GbR (civil law association, also usually in the off-scene); this construction is often illegal!
– Self-employed artists with the purpose of earning a living are able to pay into the Kuenstlersozialkasse (Artists’ Social Welfare Fund) in order to be insured in the fields of health-care, long-term-care and old-age-pension. The artists need to pay only approximately half of the cost of their contributions for health care and pension. Not insured is unemployment.
– In case of unemployment the unemployment benefit I in Germany is also known as the unemployment insurance. The insurance is administered by the federal employment agency and funded by employee and employer contributions. All employees with a regular employment contract contribute to the system. Unemployed workers that fulfill the legal requirements are entitled to:
· Unemployment benefit
· Help in finding work
· Further education
Hungary▶
Contact within Színházi Dolgozók Szakszervezete (SDS):
Address:
1033 Budapest
Vörösvári út 101.
Hungary
General telephone number: +36 342 9944, +36 321 1120/ 206,207
Website: www.komedias.hu
General email address: raksi(at)komedias.hu
Contact for the Dance Passport:
Katalin Ráksi
+36 20 376 9296
raksi(at)komedias.hu
raksikatalinat)gmail.com
(speaks Hungarian and English)
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– In general we don’t have a collective agreement specified on dancers. The situation depends on the given theatre. Some of them employing dancers do use their own collective agreements. All of their staff is covered by these agreements. Some provisions cover the dancers, others may apply to the choir or actors or the technicians as well if they have an employee status. These agreements are only available in Hungarian.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
-The rates are subject to change based on the different projects; it is always negotiated in the individual contract in each case.
3. Is there a maximum number of hours I could be required to work during rehearsal period / performance period?
-Maximum hours are set in the collective agreement during rehearsal period and performance period as well. If there is no collective agreement between the parties these provisions are stated in the Operating Rules.
4. What are the rules / practices regarding breaks?
-The rules / practices regarding breaks are set in the collective agreement for rehearsal period and performance period. If there is no collective agreement between the parties these provisions are stated in the Operating Rules.
5. Is there a standard provision in dancers’ contracts regarding holiday pay?
-Yes, these provisions are also included in the dancers’ contracts.
6. Should my travelling expenses (travel to the country of employment and travel within the country of employment) be paid by my employer? What do the travelling expenses include?
– The situation depends on the contract the partied had signed. They can agree on different situations e.g. being covered for travel expenses or accommodation etc.
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
-Usually not. It can be part of the contract on exeptional basis.
– Reasonable accommodation standard depends on the actual city of the performance (Budapest is the most expensive place). If it is agreed in the contract that the costs are deducted from the pay
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
– These provisions are included in the individual or collective agreements. The employer may have to pay compensation for the dancers. It depends on the different practices of the employers / theatres. I have no further information about the details.
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer’s control?
– These provisions are included in the individual or collective agreements. The employer may have to pay compensation for the dancers. It depends on the different practices of the employers / theatres. I have no further information about the details.
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
– It is not the responsibility of dancers. There are provisions and staff available to take care of cleaning costumes and shoes.
11. What are the standard contractual provisions in case of accidents, illness and injury?
– In Hungary the theatres cover the insurance of the dancers. The provisions are included in the contracts.
12. Can I expect to be insured whilst performing in the country and must my contract mention this?
– Yes. It is a general practice or they can negotiate on the extra circumstances.
13. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
– These conditions are included in the contract. Artists are entitled to have extra pay based on the broadcasting or distribution fees. They have a clause in the contracts to use short footage of the show for promotional reasons. Sometimes the full-dress rehearsal is public and a very short section (max 3 minutes) of it can be recorded without payment for the dancers.
14. What should I keep in mind in order to avoid double taxation?
– It depends on the special taxation agreement between the home and the host country. Depending on these mutual agreements the dancers may not have to pay tax only at home. Before taking up the job you need to find out about these conditions and rules.
15. If something inappropriate happen (e.g. sexual harassment), what should I do?
– In case on unforeseen happenings, you should get in touch with the local union.
16. Do I qualify for social security?
– It depends on the status of the employment. If the dancer is an employee, he or she is covered by the social security. It he or she is a freelancer of self-employed, he must take care of the social security issues.
Iceland▶
Contact within Icelandic Actors Association (FIL):
Address:
Lindargata 6,
104Reykjavíik
Iceland
General telephone number: 00 354 5526040
Website: www.fil.is
General email address: fil(at)fil.is
Latvia▶
Contact within LKDAF (Latvian Trade Union Federation for People Engaged in Cultural Activities):
Address:
Mazā Krūmu iela 3 - 23
Riga; LV-1069
Latvia
General telephone number: +371 29463620
Website: www.lkdaf.lv
General email address: lkdaf(at)apollo.lv
Contact person for the Dance Passport:
Aldis Misēvičs
Tmob.: +371 29463620
lkdaf(at)apollo.lv
aldis.misevics(at)inbox.lv
(speaks German, English and Russian)
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
- Yes. It applies only to the members of the union. It is not translated into any other language.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
- There is a minimum rate in the country, not specific for the dancers.
3. Is there a maximum number of hours I could be required to work during rehearsal period / performance period?
- 40 hours work week (with Mondays off)
4. What are the rules / practices regarding breaks?
- After 45 minutes of work - 15 minutes break, after 60 minutes of work - 20 minutes break.
5. Is there a standard provision in dancers' contracts regarding holiday pay?
-There is a paid 45 working days break every calendar year.
6. Should my travelling expenses (travel to the country of employment and travel within the country of employment) be paid by my employer? What do the travelling expenses include?
- No, it will not be paid by the employer.
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
- No, we do not.
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
- Not applicable to our company, have never encountered.
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer's control?
- Not applicable to our company's situation.
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
- The theatre provides the dancers with costumes and shoes and it also take care of the cleaning.
11. What are the standard contractual provisions in case of accidents, illness and injury?
- All the dancers are insured both against accidents as well as overall health insurance.
12. Can I expect to be insured whilst performing in the country and must my contract mention this?
- Yes
13. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
- Yes
14. What should I keep in mind in order to avoid double taxation?
-It depends on the international contracts between the respective countries.
15. If something inappropriate happen (e.g. sexual harassment), what should I do?
- Address the issue with the Police.
16. Do I qualify for social security?
- The social tax is being paid and the dancer qualifies to receive the pension after at least 18 years of work at the company.
Netherlands▶
Contact within Kunstenbond:
Address:
Oostenburgervoorstraat 152
Amsterdam
Netherlands
General telephone number: +31 (0)20 2108050
Website: www.kunstenbond.nl
General email address: info(at)kunstenbond.nl
Contact for the Dance Passport:
Pepijn ten Kate
+31 (0)6 43444290
pepijntenkate(at)kunstenbond.nl
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
There is a collective agreement DRAMA AND DANCE 2016-2019 (CAO THEATER EN DANS (in Dutch) negotiated by the Kunstenbond with the NAPK, the Dutch Employers Organisation in Theatre and Dance. This agreement is binding to all member of the employers organisation NAPK. The agreement is afterwards made compulsory by ministerial decree for all producers that mainly produce dance productions, except National Opera en Ballet.
There is a English version available (only the Dutch text is legally binding).
There is a separate collective agreement negotiated by the Kunstenbond at the National Opera and Ballet, the CAO NATIONAL OPERA AND BALLET 2016-2018.
!! In the labour agreement of all DANCERS at The National Opera and Ballet should be an incorporation of the collective agreement DRAMA AND DANCE. The collective agreement DRAMA AND DANCE therefor so far has the only by a union (Kunstenbond) negotiated collective provisions for dancers in the Netherlands.
!! The National Opera and Ballet does have its own salary system which is different form Drama and Dance. !! The National Opera and Ballet does have Intern Regulations that were negotiated between a commission of the Works Council and the Ballet management.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
Under the CAO THEATER EN DANS (2019) a dancers salary is at least
Minimum Maximum
€ 2.106,= € 3,681,=
Parties are free to negotiate a higher rate than the maximum in the collective agreement. -All salary rates mentioned are without mandatory 8% holiday pay once a year.
Minimum monthly rates for dancers at NATIONALE OPERA AND BALLET (2019) is
Minimum Maximum
Corps de Ballet € 2.129,= € 3.257,=
Coryphée € 2.565,= € 3.605,=
Grand Sujet € 3.088,= € 3.967,=
Solist € 3.516,= € 4.505,=
First Solist € 4.053,= € 5.149,=
All salary rates without mandatory 8% holiday pay once a year.
There is a general minimum wage in the Netherlands for every employee that is 22 years of age or older. It is € 1.594,20 a month gross (€ 367,90 a week or € 73,58 a day).
The wage per hour depends on the definition of a fulltime working week at the company that you are working.
When the fulltime basis is 36 hours, the wage per hour is € 10,22. When fulltime is 38 hours, it is € 9,69. And when fulltime is 40 hours, it is € 9,20. All gross.
All salary rates mentioned are without mandatory 8% holiday pay once a year.
3. Is there a maximum of hour I could be required to work during rehearsal period / performance period?
Under the collective agreement DRAMA AND DANCE (2016-2019):
Most Dance Company have their own special guidelines with working hours for dancer. Ask your colleagues or the management.
If there aren't guideline at your dance company, the most basic rules, are (lthough not exactly suitable for dancers):
During rehearsal/performance periods an employee is entitled to an unbroken rest period of at least 11 hours in each continuous period of 24 hours. Calculated from the end of a shift or -if it occurs outside the company location - from the time of arrival back at the company location.
Between the end of the afternoon activities and the start of the evening activities, dancers are entitled to a rest period of at least 2 hours.
If the working hours are longer than 5.5 hours, there will be one break of at least half an hour or two breaks of 15 minutes.
If the working hours are longer than 10 hours, there will be one break of at least 45 minutes or three breaks of 15 minutes.
This adds up in a rest periode between minimum 2,50 hours (2 hours and 30 min.) and maximum of 3 hours (2 hours and 2 times 30 min.), depending on how many hours you have to work before and after the 2 hours rest between the afternoon and evening activities.
Which results is a maximum working day between 10 and 10,5 hours.
In the case of a dress rehearsal, the rest period may be shortened to no less than 8 hours, with the agreement of the employee participation body and no more than twice per season.
4. What are the rules / practices regarding breaks?
If the working hours are longer than 5.5 hours, there will be one break of at least half an hour or two breaks of 15 minutes.
If the working hours are longer than 10 hours, there will be one break of at least 45 minutes or three breaks of 15 minutes.
This adds up in a rest period between minimum 2,50 hours (2 hours and 30 min.) and maximum of 3 hours (2 hours and 2 times 30 min.), depending on how many hours you have to work before and after the 2 hours rest between the afternoon and evening activities.
5. Is there a standard provision in dancers' contracts regarding holiday pay?
Under art. 15 of the Dutch Law on Minimum Wages (Wet Minimumloon en minimumvakantietoeslag) all employees in the Netherlands are entitled to receive at least 8% holiday pay.
6. Should my travelling expenses be paid by my employer? What do the travelling expenses include?
Yes the employer has to reimburse travel costs including accommodation costs if work is done outside the place of employment. Below is the general arrangement that has been agreed upon in the collective labour agreement
Allowances for activities outside the company location
- If activities take place outside the company location, whether in the Netherlands or abroad, a contribution towards accommodation expenses is given, in accordance with the appendix Accommodation Expenses included in this collective agreement. Travelling expenses are paid by the employer. The employer can specify the means of transportation.
- If the employee chooses not to make use of the specified means of transportation, he pays the travelling expenses himself. If the employee does not make use of the specified means of transportation by necessity, or with permission from the employer, his travelling expenses will be reimbursed on the basis of the specified means of transportation.Accommodation expenses
General
These regulations cover an allowance for accommodation expenses paid by performing artists and performance-related staff in carrying out activities requested by the employer outside the company location, either in the Netherlands or abroad.
The amounts below are paid out as a fixed allowance, unless agreed with the employee participation body that the allowance is to be paid - up to the maximum of the amounts below - on the basis of declaration or that certain allowances are to be compensated in kind (in whole or in part). The amounts are indexed annually on 1 March by the average percentage of the Consumer Price Index (hotels, cafés, restaurants) of the CBS ('Jaarmutatie CPI afgeleid') from January to December of the previous year, up to the maximum of the exemptions specified in the 'Handboek Loonheffingen' published by the tax authorities.
Explanation accommodation expenses for the Netherlands and Dutch-speaking Belgium
Breakfast allowance: This allowance is only paid in the case of an overnight stay, whereby breakfast is not included in the accommodation bill paid by the employer or provided by the employer.
Incidental expenses: This allowance is paid in the case of all activities carried out outside the company location.
Lunch allowance: This allowance is paid on leaving the company location before 12.00.
Dinner allowance: This allowance is paid on leaving the company location before 17.00 and returning to the company location after 19.30 or spending the night elsewhere.
Explanation accommodation expenses for abroad
The amounts are paid out on a daily basis during travelling and staying abroad, unless the allowances are included in the accommodation arranged and paid for by the employer or provided by the performance location, or in other situations where it has been agreed with the employee participation body to pay certain allowances in kind (in whole or in part).
Schedule of amounts of allowances of accommodation expenses
Accommodation expenses: Amounts in euros, allowances Netherlands and Dutch-speaking Belgium
Dutch-speaking Belgium Abroad
Breakfast € 7,76 € 9, 93
Incidental expenses € 4,31 € 5,52
Lunch € 12,57 € 16,09
Diner € 20,85 € 26,69
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
Yes, see above. What is a reasonable accommodation standard? The collective labour agreement gives no advice on this, but leaves it up to the employer to arrange this together with the works council. The overnight stays are not deducted from the remuneration. Below is an example of one of the companies that regularly perform abroad.
Travel expenses are reimbursed on the basis of public transport 2nd class. In the case of air travel, this is economy class.
The costs of accommodation (excluding meals and consumptions) are fully reimbursed on the basis of a three-star accommodation.
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
There are no standard contractual provisions if the employer cancels the production before the opening night. Most employers will consider this as an employer's risk. However, with one-off productions it may be different, especially for employees with a temporary contract and freelancers. Employers often try to contractually extend the risks of not going to these groups.
So, this question is particularly important for freelancers and employees with a temporary employment contract.The employee with a permanent contract runs less risk.
With regard to employees with a temporary employment contract, the employer is obliged to pay the employee until the end of the employment contract (ruling in appeal in lawsuit by Kunstenbond against producer Sky).
Freelancers will have to make agreements about this in their contracts or general terms and conditions, even though clients will want to place as many risks as possible with the freelancer.
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer's control?
Employment is terminated:
1. during or at the expiration of the trial period at the request of the employer or the employee;
2. on the date agreed by the employer and employee by mutual agreement;
3. legally on the expiry date of a contract of employment for a definite period. (NB: from 1 January 2015the employer is obliged to announce this and confirm it in writing at least one month in advance)
4. by termination by the employer or the employee (there are provisions that the employer has to take into account)
5. on the date on which the employee reaches the legal retirement age (AOW);
6. on the death of the employee;
7. in the case of instant dismissal for urgent reasons affecting the employer or employee in accordancewith the statutory provisions;
8. if dissolved in court at the request of employer or employee on the basis of the statutory provisions.
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
There are no nationally established rules / practices for the use, delivery and cleaning of costumes and shoes. Such rules are made separately by each employer, whether or not in consultation with the works council.
11. What are the standard contractual provisions in case of accidents, illness and injury?
Legal liability
1. For his legal liability, the employer takes out suitable insurance for damage caused or incurred by theemployee as a result of performing his job.
2. The employer is obliged to pay for damage incurred by the employee as a result of performing his job,unless it was caused by wilful act or deliberate negligence on the part of the employee.
Besides the legal obligations in Article 7:629 of the Civil Code, the "Regeling beleidsregelsbeoordelingskader Poortwachter" is also applicable to both employee and employer.
An employee who is incapacitated for work as a result of illness, pregnancy or childbirth, and to whomthe exclusion and suspension clauses in Article 7:629 of the Civil Code are not applicable, is entitled tocontinued payment of wages in accordance with the following phasing:
· 100% in weeks 1-26
· 90% in weeks 27-52
· 80% in weeks 53-78
· 70% in weeks 79-104
In addition to the provisions of sections 1 and 2 of this Article, an employee who is incapacitated for workas a result of illness, pregnancy or childbirth and who meets one of the conditions below is entitled to 100% continued payment of wages for a maximum of 104 weeks - calculated from the first day of illness.
This concerns an employee who:
· is fully and permanently incapacitated for work and is entitled to IVA benefit; or
· is working in his own job or in another suitable job, for at least 40% of the contract of employment aspart of a reintegration process, whether or not on an occupational therapy basis; or
· is training or retraining, or has started in a suitable job with his own or another employer as part of are integration process.
If, in connection with his partial incapacity for work, an employee is carrying out another job, whether or not for the same employer, on the grounds of which he earns income from work or activities, this income
12. Can I expect to be insured whilst performing in the country and must my contract mention this?
See above, the employer is legally obliged to take out insurance for this. In addition, the employer is obliged to continue paying the wages for 2 years (at least 170%). Within these two years, the employer must try to reintegrate the employee. It is possible that even after these two years, financial obligations remain with the employer if the employee does not recover sufficiently. Otherwise this is for freelancers, for them it applies that they work for their own account and risk.
13. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
Cooperation on publicity and audiovisual recordings
- Cooperation on publicity - The employee will cooperate on publicity for the organisation and its productions for no extra fee. The term publicity is understood in the broadest sense of the word, within the limits of reasonableness.
- Cooperation on audiovisual recording - Employees who are employed by the employer as performing artists will cooperate, in compliance withthe following provisions, on making audiovisual recordings of their artistic performances on allaudiovisual media (digital and otherwise), including video, television, radio, film, CD, CD-ROM, DVD andinternet.
- Permission for use of the recordings - The employees referred to in the previous paragraph give the employer their permission:
a) for internal use of the recordings referred to in paragraph 2, e.g. for rehearsal, archive anddocumentation purposes; this also includes recordings solely intended for the personal appraisal ofprogrammers and impresarios (of theatre, festivals and television);
b) for external (public) distribution and presentation of the recordings referred to in paragraph 2 via all distribution channels (digital and otherwise), including television, radio, film, CD, CD-ROM, DVD and internet. - Entitlement to fees and exceptions:
a) The employer will pay employees cooperating on recordings for external distribution and presentation as referred to in paragraph 3b a reasonable fee on the basis of the Related Rights Act, barring the exceptions referred to in paragraph 4b.
b) The following situations form exceptions to the entitlement to fees:
- distribution and presentation of recordings of part of an artistic production, with a maximum duration of five minutes, whereby this part does not form a whole in its own right;
- distribution and presentation of recordings made during benefit events, where all the proceeds go to the intended goal or charity of the event;
- distribution and presentation of recordings for purposes of publicity and/or education. Purposes of education are when the recording is used solely as teaching material in schools. - Fees - The fees below are determined in agreement with the employee participation body:
a) an advance payment - As an indication, the fee shall amount to no less than € 100 gross per employee.and/or:
b) a subsequent payment - This payment will only be made in cases that involve substantial net profits after deduction of the expenses incurred by the employer.
c) payments other than those in 5a or 5b, e.g. in the form of a one-off lump sum.
14. What should I keep in mind in order to avoid double taxation?
Under an employment agreement, the Dutch employer will withhold tax from the salary. The Dutch income also needs to be reported in the residence country of the dancer, on which also tax will be calculated. But under the bilateral tax treaty with the Netherlands, the dancer will be entitled to tax relief in the residence country, either a tax exemption or a tax credit. Important for the dancer is to keep the salary specifications from the Dutch employer to proof the Dutch income and tax in the residence country.
When the employment contract only covered a part of the calendar year, the dancer can file a Dutch income tax return and obtain a tax refund. This is not obligatory but optional. When the tax credit method applied in the residence country, it may be not profitable to obtain a tax refund in the Netherlands, because that will lead to a lower tax credit in the residence country. When still the (old) tax exemption applies, a Dutch tax refund is always profitable.
With an employment contract, the dancer will be covered by Dutch social security.
Short-term agreements for dance work may lead to self-employed work in the Netherlands. If so, then the Dutch dance company does not have to withhold Dutch tax if the dancer comes from a country with which the Netherlands has a bilateral tax treaty (=95 countries). The fee will be paid gross and the dancer has to pay normal tax in his residence country without the risk of double taxation.
As self-employed, the dancer will not be covered by Dutch social security.
When the Dutch dance company performs with the foreign dancer also in other countries, it may happen that withholding tax has to be paid in those countries. The dance company can deduct an equivalent part of this foreign tax from the salary or fee of the foreign dancer, but he or she can claim a tax exemption or tax credit in the residence country to avoid double taxation. Also here is is important for the dancer to have documentation about the foreign income and tax.
For the foreign performances, the social security situation will remain the same as described above. As A1 declaration may be needed to proof the social security status and avoid double security contributions.
15. If something inappropriate happen. What should I do?
As a result of the many issues that were made public by the #Metoo disclosures, social partners of a large number of interest groups have joined forces. To this end, the parties have launched an independent reporting point for unwanted behavior in the cultural sector. Mores.online is the accessible, independent and central place where anyone working in the performing arts, film and television industry can go to his or her story and bring wrongs to court. This reporting point complements the existing regulations and protocols that the individual organizations already have in the performing arts, film and television sector.
Thirty parties from these sectors have joined forces and created the overarching and confidential reporting center. They have established common rules of conduct and appointed two independent confidential advisors. This joint initiative aims to create a safe working environment. And aims to combat undesirable behavior and handle reports well.
https://mores.online/en/who-is-it-for/
https://mores.online/en/how-it-woks/
16. Do I qualify for social security?
As an employee, everyone is in principle eligible for social security. The length and height depend on personal circumstances such as length of employment, employment history, salary level etc. Self employed do not qualify for social benefits for employees and fall back on general legislation such as social assistance (minimum living provision if one can't acquire their own income) and AOW (state pension)
Norway▶
Contact within Norske Dansekunstnere (NoDa):
Address:
Welhavens gate 1,
0166 Oslo
General telephone number: +47 21 02 71 80
Website: www.noda.no
General email address: noda(at)noda.no
Contact person for the Dance Passport:
Kathrine Hønningstad
+47 21 02 71 80
kathrine(at)noda.no
(speaks English)
Kristine Øren
+47 21 02 71 80
forbundsleder(at)norskedansekunstnere.no
(speaks French and English)
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
- NoDa has collective agreements for dancers and choreographers in the theatre field. They apply to all. Norwegian language. An older version of the agreement for dancers at the company Carte Blanche is available in English.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
- NoDa has indicative rates for dancers, choreographers and dance teachers, you will find them here.
3. Is there a maximum number of hours I could be required to work during rehearsal period / performance period?
- It depends on where you work. The state financed theatres have specifics about workhours, but in the "independent field" there are different practices. The law says up to ten hours, but with some limitations. Regular working hours in Norway are 37,5 hours pr week.
4. What are the rules / practices regarding breaks?
- Practice on breaks is 30 - 40 minutes lunch break plus necessary breaks according to the kind of work you do.
5. Is there a standard provision in dancers' contracts regarding holiday pay?
- The standard in Norway for employers are 10,2 to 12 % holiday pay.
6. Should my travelling expenses (travel to the country of employment and travel within the country of employment) be paid by my employer? What do the travelling expenses include?
- There is no agreement that says that the employer is committed to cover the employees travel costs to or within the country. That would be up for negotiation between the parts. However, on tour the employer pays all travel costs including accommodation and food
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
- If you work for a theatre for one production, the main practice is that the theatre pays for accommodation, but this is not included in the collective agreement, so it is up for negotiation. In the "independent field", with the smaller companies/projects, the company will stretch out to help according to their financing to get you settled.
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
- This is a difficult issue in Norway. Most productions for dancers are short time contracts, and the practices varies according to the circumstances for the cancellation. The law says you are entitled to a month's pay if you have a work contract.
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer's control?
- The law says two weeks pay if you are employed, but also in this matter, we see a variety of practices.
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
- Usually this is done by the employer. However sometimes you may have to clean/wash your own costumes when working in the independent field.
11. What are the standard contractual provisions in case of accidents, illness and injury?
- Please call NoDa for this question.
12. Can I expect to be insured whilst performing in the country and must my contract mention this?
- This depends on the contract, if it is a work contract the employer is committed to sign an insurance for "injuries at work", and yes, the contract should mention this. If you are "self-employed", you have the responsibility to get your own insurance.
13. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
- Yes, this is regulated in our collective agreements. At the moment NoDa does not have agreements for audio visual productions.
14. If something inappropriate happen (e.g. sexual harassment), what should I do?
- You should contact NoDa.
15. Do I qualify for social security?
- It depends on a lot of things, call NoDa if you are going to work in Norway for a longer period.
Romania▶
Contact within FAIR-MEDIASIND, Federation for Culture and Mass-Media:
Address:
Bucharest,
Bld. Mihail Kogalniceanu nr 70-72,
Sector 5.
General telephone number: +40722351621
General email address: fair@faircultura.rofairmediasind(at)gmail.com
Contact person for the Dance Passport:
Leonard Paduret
+40722351621
fair@faircultura.ro
(Speaks Romanian, English & French)
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– Yes, in social rights. They apply to all. They are not translated.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
– No
3. Is there a maximum of hour I could be required to work during rehearsal period / performance period?
– Only in collective agreements and in generally applicable legislation.
4. What are the rules / practices regarding breaks?
– All the rules are in collective agreements and in generally applicable legislation.
5. Is there a standard provision in dancers’ contracts regarding holiday pay?
– No
6. Should my travelling expenses be paid by my employer? What do the travelling expenses include?
– No
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
– No
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
– It depends on each individual contract. We can provide advice before signing the contract.
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer’s control?
– In general law. FAIR-MEDIASIND can provide advices in such situations.
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
– These conditions can be found in collective agreements to the level of cultural institutions, if this contract exist. Also, these specifications may exist at the level of the regulations in the institutions.
11. What are the standard contractual provisions in case of accidents, illness and injury?
– General provisions
12. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
– The labour contract may contain this specifications.
13. What should I keep in mind in order to avoid double taxation?
– You should contact FAIR-MEDIASIND
14. If something inappropriate happen. What should I do?
– You should contact FAIR-MEDIASIND
15. Do I qualify for social security?
– It depends of the contract.
Spain▶
Contact within ConARTE:
Address:
Lope de Rueda 3
28019 Madrid
(Confederation headquarters)
Marqués de Vistahermosa 9,
28019 Madrid
(APDCM Madrid Dancers Union)
General telephone number:+34 915695195
Website: www.danzat.org
General email address: danza(at)porladanza.com
Contact for the Dance Passport:
César Casares
+34 619076066
casares.mail(at)gmail.com
(speaks Spanish, English and French)
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– Yes, there are two general collective agreement applicable to any dancer working in Spain, and others specific collective agreements for production companies legally established in Barcelona and Madrid (Theatre or Musicals). Institutions like the Royal Theater have specific collective agreement. National Collective Agreements are applicable to all dance workers belonging the union or not. Working legally in Spain entails having a contract, social security and work permit. Collective agreements are not translated. Contact the Union for clarification of any questions regarding contracts.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
– In Spanish government bulletin (BOE) or in the associations webs, you will find the rates, updated yearly.
– Please contact the Union to access updated information, and specific situations mentioned above
3. Is there a maximum number of hours I could be required to work during rehearsal period / performance period?
– Yes, there are many provisions and exceptions, depending on the Collective agreement applicable. Please contact the Union.
4. What are the rules / practices regarding breaks?
– Yes, it should be 12 hours between the end of a working period and the next one, a day and a half of rest each week, after 5 ½ working days, and breaks during the working time. In case of doubt, contact the Union.
5. Is there a standard provision in dancers’ contracts regarding holiday pay?
– It´s all included in the daily payment agreed in the collective agreement. According to the Status of Employees Act in Spain you must have 30 days per annual working contraction, or proportional time. In case of doubt, contact the Union.
6. Should my travelling expenses (travel to the country of employment and travels within the country of employment) be paid by my employer? What do the travelling expenses include?
– In the case of touring companies the collective agreement establishes that the employer pays for the travel to the country of employment and local travels. For other situations, it must be individually agreed who pays the travel from artist’s house to the place of performance or repetition. In case of doubt, contact the Union.
– In the case of touring companies the collective agreements establishes the amount of money for local travels, for meals and accommodation if managed by the artists. A ceiling fee is establish depending on the category of contract.
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
– Only when the contract entails touring performances, the collective agreement establishes that the employer pays for the accommodation; in other cases it has to be negotiated individually. In case of doubt, contact the Union.
– Three stars hotel or similar in daily touring performance, being in each city just a few days. When artists stay in a city for longer it could be a flat or apartment. In case of doubt, contact the Union.
– In the case of touring companies the employer has to pay for the accommodation. It must not be deducted from pay. In case of doubt, contact the Union.
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
– Yes there is a provision in Artists Contractual Act (art. 10 RD 1435/1985, “inejecución total o parcial de la prestación artística”) that rules complete or partial remuneration fixed in the contract as compensation. In this case, contact the Union.
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer’s control?
– There is a general exception in case of war, natural catastrophes, inclement weather and “force majeure”, for all the other situations, contact the Union.
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
– The artist must take a normal care of the costumes, the provision and cleaning is an obligation of the employer. If the artist uses hi/her own costumes and shoes, there is an additional payment ruled by collective agreement. In this case, contact the Union.
11. What are the standard contractual provisions in case of accidents, illness and injury?
– Yes, It´s in the general security social law, so it does not depends of collective agreements.
– If there is an accident during the representation or travelling to/from the show, the employer must pay 75% of salary (there is an specific system for artists to calculate payments in a situation of sick leave). In this case, contact the Union.
12. Can I expect to be insured whilst performing in the country and must my contract mention this?
– Yes, and the employer must provide an official copy of the contract endorsed by the labor authority to the employee. If the employee is working in Spain for the first time, the employer must manage a social security number for the artist with the national Social Security System, this id number will be the same if he/she comes back to Spain. If official paper is not provided by the labor authority, contact the Union.
13. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
– Yes, both national agreements mentioned above establish conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution. If you don’t see anything about this payment, contact the Union.
14. What should I keep in mind in order to avoid double taxation?
– The situation is very different between EU artists and others, so the very first step is verifying if there is an specific bilateral agreement about double taxation between Spain and the artist’s country of residence. In general, if the artist lives in Spain more than 180 days in the year, he/she must pay taxes in Spain, but the bilateral agreements could establish something different. To clarify this situations contact the Union.
15. If something inappropriate happen (e.g. sexual harassment), what should I do?
– You must contact the lawyers of the artists’ associations that will help you.
16. Do I qualify for social security?
– Yes, as every worker. If you have any doubt, contact the Union.
Sweden▶
Contact within Scen & Film:
Address:
P.O. Box 12710,
SE-112 94 Stockholm,
Sweden
General telephone number: +46 8 441 13 00
Website: www.scenochfilm.se
General email address: info(at)scenochfilm.se
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– Yes. There are collective agreements in the fields of publicly-financed theatre institutions, private (commercial) theatre, independent dance companies, film and TV production. They apply to all employees, regardless of union membership. These agreements are not available in other languages at the moment.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
-There is no statutory minimum wage in Sweden. Minimum rates are established in collective agreements. Different agreements may have different minimum wages. You can find this information our website: https://teaterforbundet.se/kollektivavtal/ (only in Swedish) or contact us.
3. Is there a maximum number of hours I could be required to work during rehearsal period / performance period?
– Yes. The Swedish Working Hours Act has rules about how much one may work per day, per week and per year. The Working Hours Act can be contracted away through collective agreements. The collective agreement can then either replace the Act or certain parts of it. In general, regular working time may not exceed 40 hours per week. There are exceptions to this rule.
4. What are the rules / practices regarding breaks?
– In the Swedish Work Environment Act there are general demands which apply regarding the environment at work. Another important act, the Working Hours Act, describes how much you may work per day and to which extent you have the right to breaks and recesses at work. The right to breaks can also be regulated in a collective agreement.
5. Is there a standard provision in dancers’ contracts regarding holiday pay?
– The right to holiday leave is regulated by the Annual Leave Act and collective agreements regarding general terms of employment. The Annual Leave Act decrees that all employees are entitled to at least five weeks’ (25 days’) holiday per year. The law entitles you to four weeks’ continuous holiday during the period June to August. Beyond this, your employer has the final say on holidays. The right to holiday leave and the right to holiday pay are not directly linked. You are only entitled to paid holiday in proportion to the period of time you have worked for your employer. If you leave your employment and have accumulated paid holiday leave, you will receive holiday compensation.
6. Should my travelling expenses (travel to the country of employment and travel within the country of employment) be paid by my employer? What do the travelling expenses include?
– For business travels or tours, travel expenses and accommodation are covered by the employer. According to most collective agreements, a subsistence allowance is paid in connection with overnight stays away from the posting location. In addition, travel time compensation during and outside normal working hours is paid. Collective agreements do not always contain rules regarding the employers’ obligation to cover travels to the country of employment. However, this is something you could negotiate.
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
– The right to accommodation is usually not regulated in the collective agreement. This is something you could negotiate. Free accommodation provided by the employer is a taxable benefit for the employee. If you must pay for the accommodation, the cost should not be directly deducted from your pay.
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
– A contact may not be terminated without cause. Some collective agreements contain rules regarding the right to compensation. Usually, the employer must still pay all or some of the agreed salary.
9. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
– Some collective agreements contain clauses that explicitly state that the employer must provide the employer with costumes and shoes. This is common practice. Cleaning and washing of shoes and costumes should also be the responsibility of the employer.
10. What are the standard contractual provisions in case of accidents, illness and injury?
– All persons living and working in Sweden are insured. Sweden has a statutory social insurance scheme. 90 percent of all employees in Sweden are also covered by collectively agreed insurance policies. The insurances that apply at your workplace depend on the collective agreement area you fall under. If your employer has a collective agreement, you will automatically be covered by the collectively agreed insurance by virtue of your employment. This will be the case regardless of whether you are a member of a trade union. In general, the collectively agreed insurance policies provide compensation financial support in the event of incapacity for work due to sickness, work injury, shortage of work, death and parental leave. You should always ask the employer if they have a collective agreement or an insurance policy. Even employers without a collective agreement can take out insurance policies. Read more here: https://www.afaforsakring.se/andra-sprak/engelska/
– AFA Insurance is an organisation owned by Sweden’s labour market parties that insure employees within the private sector, municipalities and county councils. You can also contact us at the Swedish Union for Performing Arts and Film.
11. Can I expect to be insured whilst performing in the country and must my contract mention this?
– Insurance cover can be viewed as a pyramid, with basic protection at the bottom in the form of the statutory protection that applies to everyone. This statutory basic protection is topped up by supplementary insurance provided under collective agreements and any private schemes. Employers who have entered into collective agreements with trade unions are required, as a rule, to take out insurance for their employees under current collective agreements. Always ask the employer if they are bound by a collective agreement and what kind of insurance they have taken out. This information could be included in your contract.
12. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
– In general, an employer must negotiate this with the performer. A few collective agreements contain rules regarding the right to record, simulcast, broadcast and distribute. We encourage our members to contact us if the employer wishes to record the performance for other purposes than promotion.
13. If something inappropriate happen (e.g. sexual harassment), what should I do?
– Employers are required to take active measures to prevent discrimination. Sexual harassment is a form of discrimination, according to the Swedish Discrimination Act. If you are subject to sexual harassment at work, talk to a manager. If you are a member of the union, you can contact a union representative. You can also make a complaint about discrimination to DO (the Equality Ombudsman).
14. Do I qualify for social security?
– You should contact the National Agency for Social Insurance with any questions regarding social security. You can find more information here: https://www.forsakringskassan.se/privatpers/flytta-till-arbeta-studera-eller-nyanland-i-sverige/
Switzerland▶
Contact within SzeneSchweiz - Swiss Performing Arts Association:
Address:
Kasernenstrasse 15,
8004 Zürich
General telephone number: +41 (0)44 380 77 77
Website: www.szeneschweiz.ch
General email address: info(at)szeneschweiz.ch
Contact person for the Dance Passport:
Salva Leutenegger
salva.leutenegger(at)szeneschweiz.ch
Tel: +41 (0)44 380 77 79
(speaks German, English, French, Italian)
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– Yes, for guests and employees of the theatres with a contractual relationship to SzeneSchweiz: szeneschweiz.ch/wp-content/uploads/2021/05/GAV-Englisch-Solo-SzeneCH.pdf
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
– Yes, for guests and employees of the theatres with a contractual relationship to SzeneSchweiz: szeneschweiz.ch/wp-content/uploads/2022/04/Mindestgagen-22-23-SBV_SZCH-Logos.pdf
– For detailed information please contact the SzeneSchweiz.
3. Is there a maximum number of hours I could be required to work during rehearsal period / performance period?
– In general the maximum number is seven hours per day for the guests and employees of the contractual theatres. This can vary from employer to employer.
– For detailed information please contact SzeneSchweiz.
4. What are the rules / practices regarding breaks?
– Before an evening performance or an evening rehearsal a resting period of at least four hours should be granted.
5. Is there a standard provision in dancers’ contracts regarding holiday pay?
– Yes, in short-term contracts the holiday pay of 8.33% of the wage has to be mentioned.
6. Should my travelling expenses (travel to the country of employment and travel within the country of employment) be paid by my employer? What do the travelling expenses include?
– Compensation of accruing expenses or of an allowance covering presumed expense shall be agreed on in advance in writing.
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
– The dancer is responsible for finding and paying accommodation.
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
– Depending on the case and the individual contract, a default fee is possible.
– For detailed information please contact SzeneSchweiz.
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer’s control?
– For important reasons contracts can be terminated without notice.
– For detailed information please contact SzeneSchweiz.
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
– In general employers provide the dancer with the clothing and equipment required for the performance.
11. What are the standard contractual provisions in case of accidents, illness and injury?
– The dancer himself is responsible for the coverage of medical expenses. The employer is responsible for accident insurance during rehearsals and performances. For accidents during the free time, the dancer is only insured if he works at least 8 hours per week. For short-term contracts of less than three months no wage is due during the illness or the period of injury absence.
12. Can I expect to be insured whilst performing in the country and must my contract mention this?
– The employer is responsible for accident insurance during rehearsals and performances. For accidents during the free time, the dancer is only insured if he works at least 8 hours per week. This must not be mentioned in the contract, however SzeneSchweiz recommends it.
13. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
– Yes, the contractual conditions apply to guests and employees of the theatres with a contractual relationship to SzeneSchweiz. The copyright law URG applies to freelancers.
– For detailed information please contact SzeneSchweiz.
14. What should I keep in mind in order to avoid double taxation?
– For dancers on a short-term contract, withholding tax will be deducted in the country of artistic performance. It’s up to the dancer to declare the employment relationship as already taxed in Switzerland.
15. If something inappropriate happen (e.g. sexual harassment), what should I do?
– For help please contact SzeneSchweiz. For further information, please also see our website: https://en.szeneschweiz.ch/services/inappropriate-behaviour-bullying-and-sexual-harassment-in-the-workplace/
16. Do I qualify for social security?
– For detailed information please contact SzeneSchweiz.
Turkey▶
Contact within Actors' Union of Turkey:
Address: Halaskargazi Cad. Bared
apt. No:167. Kat:4, No.4.
Sisli/Istanbul
General telephone number: +90 212 2314546
Website: www.oyuncularsendikasi.org
General email address: info(at)oyuncularsendikasi.org
Contact person for the Dance Passport:
Sercan Gidisoglu (Secretary General)
+90532 2617360. Sercan.gidisoglu(at)oyuncularsendikasi.org
(English, French, Spanish)
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– Unfortunately there are no collective agreements applied to dancers in Turkey. Moreover, there are unfortunately no collective agreements for live performance or audio-visual sector either.
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
– There are no minimum rates for dancers. Only in state ballet and state theatre and municipality funded theatres there is a fix wage applied to dancers. In state theatre and ballet, it is mostly by each show night and rehearsal day. In the municipality theatre of Istanbul, it is a fix monthly wage which can go a bit higher depending on the monthly number of the show. The exact fees can be provided if asked to the Union.
– Regarding the private sector, the fee depends a lot on the project and the group in question. Most of the time it happens that dancers are not paid or paid only very limited money for each performance night for artistic works. For commercial works, dancers are always paid but it again depends a lot on the nature of the show.
– As there are no collective agreements or legal minimums, free market rules apply wildly and it is not possible to easily find information about the fees. Most convenient way would be asking to us (the Union) which could use its dancers network to get an idea about approximate prices.
3. Is there a maximum number of hours I could be required to work during rehearsal period / performance period?
– The Turkish Labour Law fixes it as 8 hours per day maximum.
4. What are the rules / practices regarding breaks?
– There are no fixed rules unfortunately. It depends most of the time on the group, the director or choreographer.
5. Is there a standard provision in dancers’ contracts regarding holiday pay?
– No.
6. Should my travelling expenses (travel to the country of employment and travel within the country of employment), be paid by my employer? What do the travelling expenses include?
– We do not have enough knowledge on this question.
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
– In general employer would not be willing to provide accommodation. Istanbul is an expensive city but it has a lot of areas where you can find cheaper accommodation. However, as the city is huge cheaper accommodation could be too far away (as if living in another city). You have to negotiate your pay taking into account accommodation fees as well which could go from 150-200 euros up to 1000 euros a month.
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
– There are none.
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer’s control?
– We do not have enough knowledge on this question.
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
– In state companies and public-funded companies and relatively bigger private companies, they are taken care of by crew members. Only in independent smaller and poor companies could ask the dancer to take care of them personally. However, this kind of companies would not be able to pay the dancer a proper fee either.
11. What are the standard contractual provisions in case of accidents, illness and injury?
– We do not have enough knowledge on this question. But they seem to be quite weak and not necessarily protecting the performer.
12. Can I expect to be insured whilst performing in the country and must my contract mention this?
– Your contract could not mention it. You must be sure that your contract does mention it because otherwise it will entirely depend on the free will of the employer to help the dancer in case of injury while performance. Normally, in front of the law the dancer will be right but she/he has to go to the court against his/her employer. And this could take quite a long time.
13. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
– No. Most of the time not.
14. What should I keep in mind in order to avoid double taxation?
– We do not have enough knowledge on this question. But the Union could find legal advice for this in case.
15. If something inappropriate happen (e.g. sexual harassment), what should I do?
– Union has a special department on these issues and could provide guidance and active assistance.
16. Do I qualify for social security?
– Not by the state. Only private insurance is possible for foreigners, therefore it is even more important to negotiate the insurance from the beginning before signing the contract and have special clauses in the contract, if the dancer wants to work in Turkey.
United Kingdom▶
Contact within Equity:
Address:
Guild house
Upper St Martin's Lane
London
WC2H9EG
General telephone number: +44 20 7379 6000
Website: www.equity.org.uk
General email address: info(at)equity.org.uk
Contact person for the Dance Passport:
Steffan Blayney
+44 20 7670 0234 / +44 7514 313 613
sblayney(at)equity.org.uk
(Speaks English)
FAQ
1. Are there collective agreements covering dancers in the country? In which fields? Do they apply to all or only to members of the union? Are these collective agreements translated into other languages?
– YES
– TV, FILM, THEATRE, VARIETY
– Apply to all working on the agreement
– NO
2. Are there minimum rates of pay for dancers in the country? Where can I find this information?
– The minimum rate of pay for dancers varies between Equity agreements. The minimum Equity rate is £408 a week on the Ballet agreement.
3. Is there a maximum number of hours I could be required to work during rehearsal / performance period?
– The maximum number of hours a dancer can work during the rehearsal/performance period varies on an Equity agreement. It is no more than 42 hours (33 hours on the Ballet agreement).
4. What are the rules / practices regarding breaks?
– Equity agreements generally state that the dancer should have one 15 minute break after every continuous 3 hours worked and least a 1 hour lunch break every 5 hours.
5. Is there a standard provision in dancers’ contracts regarding holiday pay?
– Holiday pay is a statutory requirement in the United Kingdom.
– If paid holiday is not given in the contract, it is 12.07% of the workers fee paid on top of wages.
– Holiday pay cannot be ‘rolled up’ (included) in the weekly wage
6. Should my travelling expenses (travel to the country of employment and travel within the country of employment) be paid by my employer? What do the travelling expenses include?
– Equity would expect the employer to reimburse travel expenses or to organise the travel arrangements for the performer.
7. Should I expect my employer to provide me accommodation during my stay in the country? What is a reasonable accommodation standard? Is this commonly deducted from pay?
– If the place of rehearsals/performance is fixed then you will be supplied with a relocation allowance. If the performance is touring you will either be supplied with a touring allowance (which you are expected to pay for your own accommodation out of) or you will be provided with accommodation and will receive a subsistence allowance.
8. What are the standard contractual provisions if the employer cancels the production before the opening night?
– There should be a clause in the contract stating the length of notice the employer is able to give the performer before the contract’s termination. If they want to terminate the contract effective immediately then they are required to pay you in lieu of notice.
9. What are the standard contractual provisions if my contract has to be terminated for reasons beyond the employer’s control?
– As above
10. What are the rules / practices regarding the use, provision and cleaning of costumes and shoes?
– The manager shall supply costumes and wigs and that these are clean, dry and in good repair.
11. What are the standard contractual provisions in case of accidents, illness and injury?
– Performers are paid a proportion of their weekly fee in the event of illness provided they supply a valid doctors’ note. The rate of pay the performers receive, and the length of time they are entitled to receive it for, varies between agreements.
12. Can I expect to be insured whilst performing in the country and must my contract mention this?
– Equity members, or members of participating EuroFIA Unions, are covered through Equity’s third party insurance provider ‘First act’. This covers the performer for accidental bodily injury insurance and public liability insurance.
13. Are there contractual conditions regarding recording of performances and use for promotion; simulcasting; broadcasting or distribution?
– Will be specified in the contract. If a live performance is recorded for broadcast/promotion or distribution, without prior agreement, and extra fee would have to be negotiated.
14. What should I keep in mind in order to avoid double taxation?
– The general rule is that you will be liable to pay UK tax on earnings from performance in the UK. This is because withholding tax is applied to the income of foreign entertainers at the UK basic income tax rate currently 20%)
– However, whether you need to pay or not depends on the level of your earnings. If the payments from an engager do not exceed the UK personal allowance in a tax year (currently £11,850) then the engager does not need to make deductions.
– Dancers coming to the UK are strongly advised to contact the HMRC (Her Majesty’s Revenue and Customs) Foreign Entertainers Unit (FEU) on (00 44) 03000 547 395 as soon as possible to get advice. You should complete an FEU 8 form which can be found at the following link: FEU 8 form
– This form enables HMRC to contact your engager(s) to ensure that they are applying the withholding regime correctly. Otherwise engagers may deduct 20% tax when they do not need to resulting in you needing to make a claim to offset tax in your home country or seek a refund here by filing a tax return in the UK.
– Note that if you have more than one engagement in the UK it may be that the total of these together is more than £11,850. It is therefore important to submit an FEU 8 for each engagement if possible as this may avoid you having to file a tax return here.
– The FEU 8 form also enables you to list expenses relating to the job which may then be deductible from any withholding tax owing or take you below the withholding tax threshold.
– In general you are advised to use the FEU for advice on any tax issues which arise while you are here in the UK but if you are an Equity member you can phone our Helpline which is open on Mondays and Thursdays on 020-7670 0223. Alternatively, if you are going to work here frequently, you should seek advice from an accountant familiar with the entertainment industry. If you are an Equity member we can send you a list of these.
– National Insurance – normally you should not be subject to UK national insurance if you are here on short-term engagements but to avoid any doubt you should obtain either an A1 certificate from your home tax authorities (if you are an EEA or Swiss national) or a Certificate of Coverage if you are from a non-EEA country. You should aim to do this as soon as possible and in any event before your contract starts.
– If you cannot get an A1 Certificate or Certificate of Coverage then you should normally be exempt from UK national insurance for 52 weeks in any case if you are an EEA or Swiss national or if your country has a reciprocal social security agreement with the UK.
– For advice on national insurance liability as a foreign national you can phone HMRC’s national insurance helpline on 0300 200 3500 stating your query is about “non-resident status” or if you are an Equity member you can phone our Helpline which is open on Mondays and Thursdays on 020 7670 0223.
15. If something inappropriate happen (e.g. sexual harassment), what should I do?
– Contact Equity on 020 7379 6000, or get in touch with the relevant regional/national official: https://www.equity.org.uk/contact/. If the matter is urgent or you are in danger call the police on 999.
16. Do I qualify for social security?
– Eligibility to benefits in the UK are governed by an extremely complex set of rules and this is particularly true of those coming to work here from abroad.
– Many benefits are means-tested which means they are assessed on your household income whilst others depend on your national insurance contributions (contributory benefits). The following notes therefore offer only generic advice but as a general rule foreign nationals here on short-term contracts will have access to benefits only in limited circumstances.
– Means-tested benefits – in general people coming from abroad will not be able to access means-tested benefits (those based on your income) in the UK if they are ‘subject to immigration control’. This means those who are not EEA nationals and require leave to enter or remain in the UK or have leave but it is given subject to you not having any recourse to public funds. In addition, even if you are an EEA national there are two additional residence tests – the right to reside test and the habitual residence test. However, EEA nationals who are self-employed are not subject to either of these tests and it may be possible to establish entitlement provided that our benefits authorities agree that your self-employment in the UK is ‘genuine and effective’.
– Contributory benefits – those claiming contribution-based benefits are not subject to these tests but eligibility will depend on payment of Class 2 national insurance for the self-employed which in turn involves being registered with our tax authorities as self-employed and having paid sufficient contributions e.g. two tax years for some benefits. So unless you have been here for some time and registered with HMRC you will not have built up entitlement to these benefits.
– Any dancer from abroad present in the UK who is seeking to claim benefits is strongly advised to seek advice either from an advice agency e.g. Citizens Advice Bureau (CAB) (see https://www.citizensadvice.org.uk ) or, if you are a member of Equity, we can advise further on our Helpline which is open on Mondays and Thursdays (0207-670 0223).