Laws, guidelines, good intentions. Sometimes it’s difficult to see the forest for the trees. Which is where these 12 agreements come in: they build on the 4 principles of Juist is Juist. They are concrete instruments to facilitate working together correctly. Tailored fully to the arts sector. How to apply these agreements in practice? Click through to the tools!
During a collaboration, all parties involved guarantee an open dialogue and transparency in the preparation, implementation and evaluation of the work process. In doing so, attention is paid to and there is an awareness of the different positions of power.
Payment, and the terms and conditions of collaboration are the subject of a transparent discussion, without calling into question the basic legal and solidarity principles. For all work done a professional context, we make clear who has what responsibility for its implementation, from payment to insurance. We correctly estimate the value of each type of work.
The professional arts sector pays correctly in all contractual relationships. If a contractor is working with an employment contract, via Article 1bis or via a social bureau for artists (SBK), then the applicable CLAs determine his or her minimum gross salary. The minimum fee for a self-employed person is calculated on the basis of the wage cost of a regular employee in a similar position. If the contractor chooses to be represented by an intermediary, that intermediary is responsible for the correct remuneration of the contractor.
Not only the intended result or work process, but also the time invested by the contractor must be the subject of transparent discussions and is an important factor in price negotiations.
In discussions on collaboration, we aim to clarify the commitment to collaborate as quickly as possible. We put that commitment on paper. As soon as the commitment is in place, we make agreements about the remuneration for all work performed, including preparation and completion.
Form of employment06
Together we look for the most suitable form of employment for contractors. Clients take the responsibility to guide them in this and to inform them about the process. We value the work of precarious groups such as newcomers, the long-term unemployed and people with physical and mental disabilities. We take their social position into account.
The provisions of an employment contract correspond to the actual situation. We avoid improper use, for example artificially shortening contracts or misusing task-related remuneration.
Social Bureaus for Artists (SBK)08
We follow the regulations regarding temporary work placement via an agency and working with a social bureau for artists (SBK). The clients ensure that wages are calculated correctly. For this it is recommended that they pass on the gross wages to SBKs, temporary employment agencies and third-party payers, instead of total invoice amounts or budgets. Gross wages lower than CLA wage scales are unacceptable.
Intellectual property rights09
When transferring or granting intellectual property rights, we make clear agreements about their remuneration, and about the scope (specification obligation) and the duration. A copyright royalty does not replace normal remuneration for a performance through wages or performance invoices. In determining the relationship between the remuneration for the performance on the one hand, and the remuneration for the transfer or granting of rights on the other, we take fair business practices into account.
The standard expense deduction scheme for artists and other professionals (KVR)10
The standard expense deduction scheme for artists and other professionals (KVR) is only used for occasional, small-scale artistic work. The KVR is not intended as a method of compensating artists for their work. Only artists in possession of an artist card may make use of a KVR. In this, the legal thresholds are correctly observed.
An internship is only possible within a learning context and is always part of a process that aims to bring the intern into contact with the workplace.
Volunteer contracts are intended for work of a voluntary nature, not for a regular employment relationship.