Download file_sys_Publications_Bijlage_Engels_31

Survey
yes no Was this document useful for you?
   Thank you for your participation!

* Your assessment is very important for improving the work of artificial intelligence, which forms the content of this project

Document related concepts

Theatre of the Oppressed wikipedia , lookup

Actor wikipedia , lookup

English Renaissance theatre wikipedia , lookup

Transcript
Pearle*Performing Arts
Employers Associations
League Europe
SURVEY ON THE SITUATION OF SOCIAL DIALOGUE
IN THE LIVE PERFORMANCE SECTOR
IN THE NEW EU MEMBER STATES AND IN THE EU
ACCESSION AND CANDIATE COUNTRIES
by Richard Poláček, Consultant - European Affairs, Paris, France
With the financial support of the European Commission
Conclusions of the Study
2
Part I. The organisation of employers in the live performance sector
3
Part II. The organisation of workers in the live performance sector
7
Part III. The situation of bi-lateral social dialogue
9
Profile per country
Bulgaria
11
Cyprus
13
Czech Republic
15
Estonia
17
Hungary
19
Latvia
21
Lithuania
23
Malta
25
Poland
27
Romania
29
Slovakia
31
Slovenia
33
Turkey
35
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
1
Conclusions of the Study
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
2
Part I. The organisation of employers in the live performance sector
1. The situation in the public live performance sector
As regards the public live performance sector, in none of the countries that have joined the EU
on 1st May 2004 and in none of the EU accession and candidate countries there is an organisation
that regroups all managers/directors of all public live performance establishments.
In some countries employers’ organisations or associations have been set up with different legal
status, varying form informal associations to organisations which have legally a more
‘constraining’ nature. The situation is quite different in the Central and Eastern European
Countries and in the countries of Southern Europe.
a.) The situation in the countries of Central and Eastern Europe:
No organisation or association regrouping directors/managers of live performance
establishment, even in an informal way, has been set up in Latvia
Some countries have informal associations regrouping directors/managers of public live
performance establishments. This is the case of most of the organisations set up in Poland (e.g.
the Conference of Directors of Polish Philharmonics, Symphony and Chamber Orchestras or the
Conference of Opera Directors or the Theatre Managers’ Association), in Romania (as regards
Municipal theatres in Bucharest) and in Slovakia (Association of Slovak Professional Orchestra
Directors). Those associations and organisations have mainly the objective of exchanging
information amongst their members.
In Slovenia (Collegium of Orchestra and Theatre Directors) and in Lithuania some “bodies”
regrouping theatre directors have been set up in order to fulfil an advisory role at the Ministry of
Culture when decisions are taken that have an impact on the live performance sector.
In some few countries organisations or associations regrouping the directors/managers of
public live performance establishments have been set up in a more formal way in order to
represent the interests of directors/managers. This is mainly the case in the Czech Republic
(Association of Directors of Symphony Orchestras in the Czech Republic; Association of
Professional Theatres in the Czech Republic) in Hungary (Association of Hungarian
Orchestras; Association of Hungarian Theatre Managers) and also to some extent in Poland
(Union of Polish Theatres) and Bulgaria (Organisation of Bulgarian Theatre Directors). In
Poland and Bulgaria however the associations set up do not seem to be active or representative
for the sector.
In none of the above-mentioned countries the employers’ associations/organisations are officially
recognised as social partner in the field of live performance and they are not entitled to conclude
collective agreements at sectorial level.
Estonia is currently the only country where an organisation of theatre directors/managers has
been set up (Union of Estonian Theatre Managers) which has concluded collective agreements
with trade unions at sectorial level. However, surprisingly, it is itself registered as a trade union
and is not recognised officially at national level as an employers’ organisation and as a ‘social
partner’.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
3
b.) The situation in Cyprus, Malta and Turkey:
No organisation regrouping the directors/managers of public live performance establishments has
been set up in those three countries. The reasons are different for each country:
In Malta the size of the live performance sector is decisive for the non-existence of any
directors/managers organisation. Despite the fact that the number of venues is quite high, the
majority of live performance artists do not work on a full-time basis as professionals. Only the
National Orchestra employs permanently a bigger number of live performance artists.
In Cyprus the small size of the country is also partly responsible for the fact that no employers’
organisation has been set up. However, the main reason is that all public theatres and venues that
host theatre representations are governed under a Semi-State organisation, called the Cyprus
Theatre Organisation, THOC which is very closely linked to the public authorities. The same is
valid for the Cyprus Orchestra which has no independent structure at all and is directly under the
authority of the Ministry for Education.
In Turkey all live performance establishments are directly linked to the public authorities and
the directors and managers public employees appointed by public authorities. The public live
performance establishments are not set up as independent structures.
2. The situation in the private live performance sector
In the majority of the Central and Eastern European countries, there is no significant
infrastructure of private live performance establishments that employ live performance artists on
a permanent basis. There are many project-based theatre companies who employ people for the
limited time of a project.
In Cyprus, Turkey, Bulgaria however, many musicians and dancers are employed in the tourist
sector and play in hotels and restaurants. Only in Cyprus (in the North and in the South) hotel
and restaurant owners are organised in Employers’ Organisations. Those who are active in the
South part of Cyprus are partly affiliated to UNICE. In Bulgaria there is not enough information
available so far as regards the organisation of hotel and restaurant owners. However the tourism
sector is developing very fast in Bulgaria and the number of musicians and dancers will grow in
the future. In Turkey hotel and restaurant owners seem to be completely unorganised.
 As a conclusion, none of the employers’ organisations in the live performance sector has
been set up particularly with the aim to enter into social dialogue negotiations with trade
unions. They are all excluded from bi-lateral social dialogue at national level and some of
them even from tri-partite social dialogue at national level. None of them is officially
recognised by the official authorities as a ‘social partner’ in the field of live performance.
Most of the associations/organisations have been set up with the purpose to create a network
for the exchange of information between directors/managers. Some of them intend more
precisely to defend the interests of directors/managers towards the public authorities
(Ministry of Culture, Municipality or regional or local authorities). In the latter case the
members try to define common position mainly on financing, but also more generally about
“cultural policy” at national, regional or local level. An important feature of these
associations/organisations is that very often directors/managers are members on a personal
basis and it is not the theatre/orchestra as a legal person that is a permanent member.
However, it has to be reminded that a lot of employers’ organisations that have been set up in
the former EU-15 have also members on an individual basis.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
4
In general the situation of hotel and restaurant owners is different from the situation in the
public live performance sector. Only in Cyprus employers are well organised.
3. The reasons behind the low degree of organisation of employers in the live performance
sector.
a.) The main reasons indicated by the directors/managers
In general directors/managers indicate the following reasons when asked why there is no
association/organisation of directors/managers or why the degree of organisation among directors
is so low:
-
-
-
-
-
There is sometimes a strong feeling of competition amongst directors when asking the
public authorities for subventions.
Directors/managers are quiet often afraid of the public authority which owns or/and
finances the establishment. They often fear that setting up an organisation of
directors/managers may be perceived negatively by the responsible public authority. Very
often this is linked with a personal fear for their career or/and a not to receive financing if
they are considered to be ‘trouble-makers’.
Directors/managers very often consider themselves as ‘employees’ of the public
authorities and do not understand that they are ‘employers’ when they sign employment
contract with live performance artists or technicians contracts on behalf of the public
authority they represent.
Directors/managers very often also do not consider an employers’ organisation as a
‘priority’ in order to solve urgent problems of the sector but prefer waiting for the
adoption of a ‘law on culture’ which is believed to change ‘everything’. However, this
law sometimes is finally not adopted at all.
Directors/managers very often have the feeling that they have not enough in common
with other directors/managers because:
o their establishments are financed by different public authorities (e.g. by the State or
the Municipality),
o the live performance establishment they are in charge of has a different status from
other live performance establishments (e.g. a national theatre has a different status
according to the national law in a country than a theatre in the province or a
Municipality theatre)
o the live performance establishments pursue different activities (e.g. opera
performances or drama theatre performances) which determine a different quantity
and a different type of professionals employed in each live performance
establishment.
For all those reasons, directors/managers point out that the employment policy and dayto-day management of each live performance establishment is different and thus the
objectives they pursue as directors/managers vary ‘considerably’ between live
performance establishments.
Finally, directors/managers also prevent deliberately the setting up of a
directors’/managers’ association as they do not wish to take responsibilities as
‘employers’ towards trade unions or because such an organisation might ultimately be an
obstacle for their personal career.
In all countries, not surprisingly, the degree of organisation depends very much on the
enthusiasm of individual directors/managers who believe that the setting up of employers’
organisations might not only be beneficial for the live performance establishment they are in
charge of or for social dialogue in general but also for the defence of the whole cultural sector.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
5
b.) The ‘legal’ situation as regards the setting up of employers’ organisations
In none of the countries that have been studied there is a serious legal problem for setting up an
employers’ organisation. According to the national law of these countries the legal status of the
public live performance establishments enables perfectly directors/mangers to create an
employers’ organisation that represents the interests of the establishments via their
managers/directors (e.g. in collective bargaining). Nothing in the national legislations can in
principle hinder the directors/managers of those establishments to create such employers’
organisations. The only exceptions are Cyprus and Turkey where the public live performance
establishments do not have an independent structure but are semi-governmental or Semi-State
organisations.
However, very often the question is more political: directors/managers clearly will only feel
‘free’ to set up employers’ organisations if they feel clearly that the public authorities agree with
the creation of such organisations and also to some extent if they are officially recognised as
autonomous ‘social partner’. This is closely linked to the willingness of public authorities to give
more autonomy to the managers/directors in the management of live performance establishments.
4. Conclusion and possible strategies
There is a clear need to inform managers/directors and public authorities that there is no legal
obstacle for creating employers’ organisations in the live performance sector.
In general, the Ministries of Culture and of Social Affairs are very badly informed about the
sectorial social dialogue in the live performance sector at European level. In a lot of countries
Ministries openly admit that setting up employers’ organisations or social dialogue structures in
the live performance sector is not a priority. However, in most of the countries of Central and
Eastern Europe Ministries also declare they will not oppose directors/managers who are willing
to set up an employers’ organisation. Ministries are in general less precise whether they might
recognise such an employers’ organisation as a ‘social partner’ who will be entitled to be part of
a bi-lateral sectorial social dialogue at national level.
The establishment of partnerships between well-functioning employers’ organisations form the
former EU-15 and directors/managers’ associations/organisations of the new EU Member States
and accession and candidate countries might be useful. These partnerships could provide
technical help to the directors’/managers’ associations in the 13 countries on how to set up an
employers’ organisation and how to be recognised as such by the public authorities.
There is also a need to clarify legal uncertainties that public authorities still might have as
regards the setting up of employers’ organisation and their full recognition as social partners in
the public live performance sector. At national level a co-operation between Ministries of Culture
and Ministries of Social affairs might be encouraged in order to help directors/managers to set up
employers’ organisations and take responsibilities as ‘social partner’. This co-operation might
also be encouraged by the European Commission while promoting sectorial social dialogue
structures at European level.
As regards the private sector, and mainly the tourism sector in Turkey and Bulgaria, the example
of Greece might help to define a strategy for setting up employer’s organisations in those
countries.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
6
Part II. The organisation of workers in the live performance sector
Workers in the live performance establishments are organised in different ways. The organisation
varies from simple informal associations, to associations who defend larger cultural objectives to
trade unions. The picture is very colourful and reflects the high degree of organisation in the field
of culture in the 13 countries. For the purpose of this study only trade unions will be examined.
1. Categories of trade unions in the live performance sector
The status and structure of trade unions is very different from one country to another; however,
the 13 countries may be divided in the following categories:
a.) Countries where there are no trade unions active in the field of live performance or
where there are only “general trade unions” which also represent live performance
workers
This is mainly the case of Malta. Due to size of the live performance sector in this country there
is no specialised trade union for live performance artists. The members of the National Orchestra
are affiliated to the General Workers’ Union (GWU) which has affiliated members from all
sectors. In Poland, the trade union Solidarno which has members in different sectors has also
members who are employed in live performance establishments. In Northern Cyprus no
registered trade union for live performances workers exists so far.
b.) Countries where “establishment trade unions” have been set up which are not affiliated
to any trade union federation or confederation
These trade unions exist only in one single establishment and often only for one category of
workers (e.g. only for musicians). They are very often not affiliated to any trade union federation
or confederation.
This is mainly the case of Lithuania (e.g. the State Symphony Orchestra has a Musicians’ Union
composed exclusively by musicians of the State Symphony Orchestra) and Latvia (e.g.
Musicians’ trade union of the National Symphony Orchestra) and Estonia (e.g. Musicians’ trade
union of the National Symphony Orchestra).
c.) Countries where “specialised nationwide trade unions” have been set up at national level
for one particular professional category of live performance workers
Such “nationwide trade unions” have been set up for actors in the following countries: the Czech
Republic, Estonia, Hungary, Poland, Slovakia and Cyprus.
For musicians such trade unions have been set up in the Czech Republic, Hungary (together
with Dancers), Poland, Slovakia, Cyprus and Turkey.
For singers such trade unions exist in the Czech Republic.
A technicians’ union and a theatre workers’ union have been set up in Estonia. A variety
artists’ union exists in Hungary and a plastician artists’ union e.g. in Poland.
Sometimes these “nationwide” trade unions are part of a federation. This is for example the case
of trade unions in Hungary, Cyprus and the Czech Republic.
In other countries these trade unions are completely independent. This is the case for example of
the musicians’ union in Slovakia (UNIA), the actors’ union in Slovakia (HOS) and the
musicians’ union in Poland (FORUM).
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
7
d.) Countries where trade unions exist for all people who are employed in the field of
culture, but who are not a trade union federations
This is the case of Slovenia. GLOSA is a trade union for people who work in the field of culture.
GLOSA has members who are musicians, dancers, actors, technicians and people working in the
administration of live performance establishments. GLOSA is itself part of a national federation
of trade unions.
e.) Countries where “specialised trade union federations” have been set up regrouping
professional categories who are organised in “establishment trade unions”
These “specialised trade union federations of establishment trade unions” exist for example in
Bulgaria where the Union of Bulgarian Musicians and Dancers is a registered federation of
establishments’ trade unions of live performance establishments who employ professional
musicians and dancers. In Romania the Federation of Artists and Performers Trade Unions
(F.A.I.R.) regroups establishment trade unions of orchestra musicians, ballet dancers and choir
singers. The Federation of trade unions in the live performance establishments (USIS) regroups
actors’ and technicians’ trade unions of various drama theatres.
These “specialised trade union federations” are themselves members of national trade union
confederations.
f.) Countries where “general trade union federations for people employed in the field of
culture” have been set up
Members of these “general trade union federations” are trade unions in live performance
establishments and also from other cultural institutions (e.g. museums or libraries). Those
“establishment trade unions” very often mix different professional categories. This is the case in
Latvia (LKDAF who e.g. has members that are trade unions in the Latvian National Opera or in
other live performance establishments regrouping different categories of workers), in Lithuania
(the Federation of Trade Unions of Cultural Institutions regroups e.g. the trade union of the
National Opera which regroups amongst others technicians, dancers, musicians and singers), in
Poland (e.g. the Federation of Trade Unions of Culture and Arts Workers [FZZPKS]), in
Slovakia (e.g. SozKASO; however the part of live performance workers for this federation
remains extremely low) and in Turkey (Kültür-Sanat-SEN which is however not active in the
live performance sector). These “general trade union federations” are part of a national
confederation.
2. Main difficulties trade unions face in the live performance sector
a.) Decreasing membership
No general conclusion can be drawn as regards the most “efficient” type of organisation of trade
unions (e.g. ‘establishment trade union”, “nationwide specialised trade union” or “general trade
union federation”). In some countries and for some trade unions memberships are clearly
decreasing. In those countries where there is no active trade union (e.g. in Turkey for actors) it
seems particular difficult to set up trade unions. The reasons for these difficulties and for the
decline in membership are multiple: beyond the general reluctance in former communist
countries to adhere to any organised structures, the “new generation” of art and entertainment
workers is particularly doubtful about trade unions and does not believe that they may influence
their profession or working environment in a positive way. This problem of “trust” exists in
nearly all countries. However, not surprising, the ambition and personality of the persons who are
in leading positions in some of the trade unions is determining for the success and a more or less
high membership of those trade unions.
In addition, some trade unions have less and less members who are actively working as
professionals in live performance establishments. Very often those workers who are
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
8
professionally the most successful ones are not active trade unionists. This leads sometimes to
situations where trade unions are represented by persons who are disconnected from the
problems live performance workers meet in day-to-day employment practice.
b.) The increasing number of ‘self-employed workers’.
In general the number of ‘self-employed’ workers is increasing in all of the 13 countries. Very
often it’s the employment market and sometimes the employers who push these persons to adopt
this status in order to be less costly and thus more “attractive” workers. Despite the fact that their
employment relationship is in reality closer to that of an “employee” they are sometimes not
allowed to create a trade union which is in clear breach with the fundamental principle of the
ILO, the right of association. This is mainly the case in Slovakia as regards actors.
This paradoxical situation reminds also that the question of the status of live performance artists
in Europe still needs to be clarified. In this respect the recent position of the Commission which
is questioning the status of live performance workers in France and their compatibility as regards
the rules on free movement of services and the freedom of establishment seems particularly
worrying.
c.) Severe financial problems
Most of the trade unions in the Central and Eastern European countries face sever financial
problems. Very often trade unionists work on a voluntary basis and are not paid for the work they
do in trade unions. Several trade unions do not have any “long-term” perspective as they do not
know how to finance basic lobby, defence or representative actions. The situation is particularly
worrying in Slovakia (UNIA; HOS) and in Poland (FORUM; ZASP). In Romania (FAIR, USIS)
and Bulgaria the only financial means trade unions have are the very low contributions of their
very badly paid members.
Part III. The situation of bi-lateral social dialogue
1. Sectorial bi-lateral social dialogue at national level
In none of the 13 countries there is an established system of bi-lateral social dialogue for the
whole live performance sector at national level. In no country a nationwide collective agreement
has been signed which would be applicable for all live performance establishments. Estonia is the
only country where a sectorial collective agreement has been negotiated and signed by trade
unions and an organisation which regroups theatre managers. Unfortunately, as already
mentioned, this theatre managers’ organisation is registered as a trade union.
The reasons for the absence of sectorial bi-lateral social dialogue are the following:
-
-
In some countries there is simply no employers’ organisation at all (e.g. in Latvia,
Lithuania; in Poland and Bulgaria there are not active).
The existing managers’/directors’ organisations do not have the official status as a
registered employers’ organisation and are thus not admitted to any bi-lateral social
dialogue at national level (e.g. in Hungary, Czech Republic, Slovenia, Romania). They are
sometimes not even allowed to participate in tri-partite social dialogue structures.
In the private live performance sector, the employers are often simply unwilling to
negotiate (e.g. this has been the case until recently in Cyprus).
In some countries trade unions are not recognised as the representative trade union at
national level, despite the fact that they are in reality the only representative trade union for
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
9
a given professional category of live performance workers (this is the case e.g. of UNIA
and HOS in Slovakia which are not even invited to take part in the so-called tri-partite
social dialogue at national level).
2. Bi-lateral social dialogue at establishment level
In general, social dialogue at establishment level does not always take place. In some live
performance establishments there is a big resistance of directors/managers to have social
dialogue with the establishment’s trade union(s). This is e.g. the case in some orchestras and
theatres in Slovakia and also in some establishments in Lithuania (e.g. until State Symphony
Orchestra) and in some orchestras and theatres in Romania. Sometimes there is also no social
dialogue at establishment level as workers do not manage to organise themselves properly.
GENERAL CONCLUSIONS
In order to have an efficient bi-lateral sectorial social dialogue it seems crucial to encourage
directors/managers to create representative employers’ organisations at national level and to help
them concretely with technical aspects through the setting-up of partnerships with existing
employers’ organisations in the former EU-15.
The public authorities in the 13 countries need to be informed more properly about the necessary
legal steps that have to be taken in order to build up employer’s organisations and recognise them
officially as social partners in the live performance sector. It has to be made clear that this is
necessary in order to make directors/managers participate in the structures of European social
dialogue.
There is an urgent need to develop concrete strategies to help trade unions in Central and Eastern
Europe financially in order to allow them to function properly.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
10
BULGARIA
The Structure of the Live Performance Sector
In Bulgaria there are 42 professional Orchestras (including 14 Symphony Orchestras, 24 wind
orchestras and 4 Jazz Orchestras), 3 Operas, 4 Operettas, 17 Folklore Ensembles, 8 Ballets, 8
Choirs, 41 State theatres (including 24 drama-puppet theatres, 11 puppet theatres) and 8
Municipal theatres (including 2 puppet theatres).
The exact total number of persons employed in the live performance sector is not known. There
are approx. 1500 persons employed as technicians and actors in State and Municipal theatres
and approx. 1500 persons employed in public live performance establishments like
orchestras, operas, etc. as professional musicians and dancers. The general tendency goes
towards a reduction of permanent staff in all public live performance establishments.
Nearly all live performance establishments are public owned, either by the State or by a local
authority; they are nearly all entirely public subsidised.
No information is available so far as regards musicians and dancers employed in restaurants.
Employers’ Organisations
The Organisation of Bulgarian Theatre Directors has been founded in 1997 and regroups 40-50
drama theatre directors and puppet theatre directors. The directors are personnel members of the
organisation. The objective of this organisation is to represent the interests of theatre
directors/managers towards the Ministry of Culture. The organisation is not carrying out any
social dialogue discussions with trade unions at national level. The Organisation of Bulgarian
Theatre Directors has become less active during the last years.
There is no organisation regrouping the directors/managers of the public live performance
establishments which would defend the interests of theatre directors/managers as employers
in the live performance sector.
An important fact is also that directors/managers in the different live performance establishments
very often have the feeling that they have not enough in common with other directors/managers,
either because their establishments are financed differently (e.g. by the State or the Municipality),
because of their different status (e.g. national theatre and theatre in province) or because they
pursue different activities (e.g. opera performances or drama theatre performances) and that for
these reasons they employ either persons with different profiles or a different quantity of
employees.
Workers’ Organisations
- The Union of Bulgarian Musicians and Dancers (UBMD) is a registered federation of
establishments’ trade unions of live performance establishments who employ professional
musicians and dancers. UBDM has approx. 2500-3000 members. UBMD is a member of the
Confederation of Independent Trade Unions of Bulgaria which is affiliated to the European
Trade Union Confederation (ETUC).
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
11
-
The Union of Bulgarian Actors (UBA) has approx. 1100 members who are mainly actors,
theatre technicians, variety and circus artists and people working in the administrations of live
performance establishments.
Some live performance establishments’ trade unions (e.g. at the National Opera) are affiliated
to PODKREPA, the Bulgarian Confederation of Labour which is member of ETUC (European
Trade Union Confederation).
Information regarding Social Dialogue
Labour Law provisions applying specifically to the live performance sector:
Some specific labour law provisions in the field of maternity leave and safety and health at
workplace apply specifically to the live performance sector. Otherwise the normal labour law
provisions apply.
Sectorial social dialogue at national level:
Trade unions and Trade union federations in the live performance sector are fully independent
from the government and free from its interference when carrying out social dialogue.
No system of bi-lateral collective bargaining exists at national level in Bulgaria.
Directors/managers of public live performance establishments are not fully independent from the
government. In addition they cannot conduct bi-lateral discussions with trade unions at national
level as there is no representative employers’ organisation.
Tri-partite social dialogue structures exist, however, only POKREPA and UBMD (on behalf of
the Confederation of Independent Trade unions of Bulgaria) are authorised to take part in those tripartite structures. UBA is currently excluded from this tri-partite social dialogue structure as it is
neither member of POKREPA, nor of the Confederation of Independent Trade Unions of Bulgaria.
There is no national collective agreement applicable for the whole live performance sector.
However, collective agreements have been concluded between UBMD and the Ministry of
Culture. They have brought concrete results for the professional categories represented by
UBMD: increase of salary, the transfer of certain professional categories into a different labour
category which enables workers to retire earlier. These results are binding on all employers of the
sector who employ the professionals represented by UBMD. They apply to all employees which
are part of the professional categories UBMD represents, regardless of their membership in UBMD.
In addition, UBMD has concluded a collective agreement with the Association of Municipalities
for all those musicians and dancers employed in live performance establishments owned by
municipalities.
Social dialogue at establishment level:
In nearly all live performance establishments social dialogue takes place between the
establishment’s trade union and the direction/management of the establishment. Collective
agreements have been concluded in almost all establishments.
In general, live performance establishments’ directors/managers have the feeling not to be free in
the collective bargaining with trade unions, even at establishment level. Especially the negotiation
of salaries remains very difficult as the exact amount of salary is determined by the Ministry of
Culture or the local authority.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
12
CYPRUS
The Structure of the Live Performance Sector
The Cyprus Theatre Organisation, THOC, is one of the main employers in the public institutionalised live
performance sector in Republic of Cyprus. THOC is a semi-governmental body which administers the four
stages of the State theatre and is responsible for the allocation of State funds to independent theatres in
Cyprus. THOC employs approx. 60-100 persons, depending on the performances produced. All permanent
employees are public servants. Amongst the permanent employees there are 23 actors which have annual
renewable contracts with THOC. There are less than 10 independent professional theatres which are mainly
financed by public subventions. The total umber of professional actors performing in the live performance
sector in the Republic of Cyprus amounts up to 220. There are also more than 50 non-professional theatre
groups in the Republic of Cyprus. The Cyprus State Orchestra is attached to the Ministry of Education
and employs approx. 39 musicians.
There are also over 250 hotels and probably around 450 clubs and restaurants (all private owned). Nearly
all hotels organise a ‘Cyprus night’ or ‘Greek night’ (or both), and employ Greek Cypriot folklore dancers
and musicians for a 30-40 minute programme. Since 2003 hotels and restaurants in the Southern part of the
island employ increasingly Turkish Cypriot musicians. The total number of Greek Cypriot musicians and
singers who perform in restaurants, clubs and hotels in the Republic of Cyprus amounts up to 400 persons.
However, not all of them perform at a professional level. There are more than 20 folklore dance groups
whose dancers perform nearly all on a part-time basis and as amateurs. The exact total number of these
dancers is unknown. There are also approximately 12 small dance groups and more than 80 dancers and
choreographers active in the field of modern/contemporary dance. They are all ‘self-employed persons’
and work mainly on a part-time basis.
In the Northern part of Cyprus, there are 2 theatre stages for drama theatre and several open-air venues
which are all public owned and public financed. Approx. 20 Turkish Cypriot professional actors work on
a full-time basis in the Northern part of Cyprus The hotel and restaurant owners employ musicians mainly
during the tourist season. There are more than 150 Turkish Cypriot musicians performing classic and
folklore/traditional music. They do not all perform full-time as professional musicians.
Employers’ Organisations
There is no organisation in the Republic of Cyprus which regroups the employers in the live
performance sector.
As regards the public live performance sector, this is mainly due to the particular status of THOC and the
Cyprus State Orchestra which are very closely linked to the government: THOC is administered by a
nine-member Board of Directors directly appointed by the Council of Ministers for a period of three years.
The Director of THOC is then appointed by the Board and approved by the Council of Ministers. The
Cyprus State Orchestra has no separate legal status. The Director of the State Orchestra is the Permanent
Secretary at the Ministry of Education.
The hotel, club and restaurant owners are organised in two employers’ organisations, PA.SI.XE which
regroups mainly hotel owners and STEK which regroups hotels, restaurant and club owners. STEK is
member of the Employers & Industrialists Federation Cyprus which is affiliated to UNICE (Union of
Industrial and Employers’ Confederations of Europe).
In the Northern part of Cyprus, the hotel owners are affiliated to the Turkish Cypriot Hotel Association.
Workers’ Organisations
The PanCyprian Musicians' Union regroups approximately 200 Greek Cypriot musicians and singers who
perform Greek Music as well as international Pop music. It is a registered trade union which has been
founded in mid-2003. The musicians of the Cyprus State Orchestra are not affiliated to this union. They
have set up an employees’ representative body to defend their interests toward the direction of the State
Orchestra.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
13
M.Ü.D.E.R. is the Turkish Cypriot Music Writers’ Association. It regroups around 150 Turkish Cypriot
songwriters and musicians of folklore/traditional music. The association does not have the status of a
registered trade union. The association defends authors’ and performers’ rights of their members.
M.Ü.D.E.R. intends to set up a trade union for Turkish Cypriot songwriters and musicians.
The Cyprus Actors’ Union in the Republic of Cyprus has approximately 200-210 members. It is a registered
trade union and is affiliated to S.E.K., the Cyprus Workers’ Confederation which is member of ETUC.
No association or trade union regroups Turkish Cypriot Actors so far. So far they are only organised in an
informal way. Turkish Cypriot actors participate actively in bi-communal theatre projects with Greek
Cypriot actors on stages in the Southern part of Cyprus.
In the Republic of Cyprus, folklore/traditional dancers are not organised at all, mainly because they are
mostly amateurs. Dancers performing modern/contemporary dance are mainly organised in associations
which defend contemporary/modern dance in general but do not intend to defend the rights of dancers as a
trade union. All dancers performing contemporary/modern dance are ‘self-employed persons’.
Technicians and persons working permanently in the administration of THOC are mainly affiliated to the
Union of Semi-governmental and Local Authorities of Cyprus Employees. This trade union is part of
P.E.O., the Pan-Cyprian Federation of Labour. Some employees are also affiliated to S.E.K.
Information regarding Social Dialogue
Labour Law provisions applying specifically to the live performance sector:
There are no labour law provisions in the Republic of Cyprus that relate particularly to the live performance
sector. The general law is applicable.
Sectorial social dialogue at national level:
There is no system of bi-lateral social dialogue at national level and no nation-wide collective
agreement applicable to the whole live performance sector has been negotiated so far. While all
trade unions are fully independent from the government and free from its interference in carrying out
bilateral discussions, the particular status of THOC and the Cyprus State Orchestra does not enable the
management of these organisations to conduct an independent bi-lateral social dialogue. In addition,
the control THOC has in determining the subventions of independent theatres has an effect on the way
social dialogue is conducted in independent theatre.
Employers’ organizations regrouping hotel, club and restaurant owners are independent from the
government and free from its interference to carry out bilateral discussions with trade unions. A
“gentlemen's agreement” has been concluded in 1982 between hoteliers and musicians representatives under
the arbitration of the Ministry of Labour. However, since 1992/1993 the hoteliers gradually offended this
agreement. The PanCyprian Musicians’ Union is currently trying to negotiate a collective agreement
through social dialogue with the employers who are quite unwilling to enter into social dialogue. The
Ministry of Labour is encouraging both parties to carry out these negotiations.
There is no social dialogue existing as regards dancers active in the field of contemporary/modern dance or
in the field of folklore dance.
Social dialogue at establishment level:
The Cyprus Actors’ Union is negotiating collective agreements with THOC every two years. These
collective agreements concern the 23 actors who work permanently for THOC and some 40-50 actors who
work occasionally under 3-6 months-contracts with THOC. Another collective agreement is signed with
each of the independent theatres. The collective agreements apply only to those professional actors who are
members of the Cyprus Actors’ Union. There is no social dialogue existing at the Cyprus State Orchestra.
The direction and the representatives of the musicians have only an irregular dialogue.
In the Northern part of Cyprus there is no system of collective bargaining in the performing arts sector.
No collective agreement has been signed between musicians and song writers and hotel and restaurant
owners. The public employers in the Northern part of Cyprus are not independent from the government.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
14
CZECH REPUBLIC
The Structure of the Live Performance Sector
In the Czech Republic there are approx. 200 live performance establishments, including 70 drama
and puppet theatres, 8 opera houses, 10 ballet companies and 15 symphonic orchestras.
About 2 % of the live performance establishments are public owned. 25% of all live performance
establishments are at least partially public subsidised.
The total number of persons employed in the live performance sector amounts to approx. 8700
persons, with 7450 persons being active in the theatre sector (including 3400 artists) and 1250
persons being active in the music sector (including 1000 artists).
Employers’ Organisations
There are several organisations regrouping directors/managers of live performance establishments:
-
APT is the Association of Professional Theatres of the Czech Republic. It regroups the
directors of 32 Czech professional theatres.
-
The Association of Directors-Managers of Symphonic Orchestras of the Czech Republic. It
regroups the directors of 15 Symphony orchestras and 2 Choirs.
These organisations have not been set up particularly with the aim to enter into social dialogue
negotiations with trade unions.
Workers’ Organisations
Several registered trade unions represent the interest of persons employed in the live performance
sector:
-
The Actors’ Association represents approximately 665 actors.
-
UNIE is the Trade Union of Orchestra Musicians has approx. 1000 members.
-
The Union of Professional Singers of the Czech Republic has approx. 230 members.
-
OAD is the Trade Union of theatre employees represents all theatre employees. The exact
number of the persons this union represents is unknown.
All these trade unions are members of CMK OS, the Czech Moravian Confederation of Trade
Unions which is affiliated to the European Trade Union Confederation (ETUC).
There are several associations which are not trade unions, but professional associations. Amongst
others there are:
- The Dance Association of the Czech Republic
- The Association of Professional Marionette Players
- The Organisation of Czech Theatre Scenarists, Architects and Technicians
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
15
Information regarding Social Dialogue
Labour Law provisions applying specifically to the live performance sector:
There are no specific labour law provisions in the Czech Republic which would relate particularly
to the performing arts sector. The general labour law is applicable.
Sectorial social dialogue at national level:
Trade unions and employers’ organisations are fully independent from the government.
However, there is no system of bi-lateral social dialogue at national level and no nation-wide
collective agreement applicable to the whole live performance sector has been negotiated so
far.
A general national collective agreement has been concluded which is applicable to all
employees who are public employed persons.
There is a well functioning system of tri-partite social dialogue between the above-mentioned
trade unions, employers’ organisations and the government.
Social dialogue at establishment level:
Social dialogue is well developed at establishment level and is held between directors-managers
of live performance establishments and trade union representatives within each establishment.
The establishment collective agreements that have been concluded are only binding on those
employers who have signed them. They apply to all employees of the establishment where such an
agreement has been signed, regardless of their membership in a trade union.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
16
ESTONIA
The Structure of the Live Performance Sector
In Estonia there are 8 State drama theatres, one National Opera, 2 Municipal theatres, 9 private
owned theatres and 6 State- or Municipality-owned orchestras, including one Symphony Orchestra.
Amongst the approx. 2200 persons employed in the live performance sector in Estonia, there are
approx. 300 musicians, 400 actors and 600 technicians. The total number of musicians in
Estonia amounts to approx. 800 persons.
Nearly 70% of the live performance establishments are public owned and receive public subsidies
that cover approx. 50% of their costs. In general approx. 85 % of all live performance
establishments are public subsidised.
Employers’ Organisations
In the music live performance sector there is no organisation which regroups the
managers/directors of the 6 State- and Municipal-owned orchestras. The most important
employers in this field are the National Symphony Orchestra which employs approx. 100
musicians and the National Opera which employs approx. 90 musicians.
The Association of Estonian Theatre Managers has 37 members who represent 12 theatres in
Estonia. The theatre directors/managers attend the organisation on a personal basis, which means
that a newly appointed manager of a theatre is not automatically considered as member. The
Association of Estonian Theatre Managers is affiliated to the Estonian Theatre Union and is a
registered trade union; however, it is independent in its decisions and activities.
Workers’ Organisations
The Estonian Theatre Union is a registered trade union which functions like a federation. It
also supports creative activities pursued in theatres, distributes theatres rewards and runs seminars
and festivals. It has 1750 members and regroups the following registered trade unions:
-
Estonian Actors’ Association has 438 members. 400 of them are currently employed in the
live performance establishments.
The Estonian Stage Directors’ Union has approx. 75 members.
The Estonian Professional Ballet Association has approx 150 members.
The Estonian Theatre Technicians’ Association has approx. 200members.
The Association of Estonian Set-designers has approx. 57 members.
In addition the following associations are members of the Estonian Theatre Union but are not
registered trade unions:
- The Estonian Theatre Musician Association which has approx. 170 members.
- The Association of Estonian Theatre Vocal Soloists which has approx. 15 members.
The Estonian Theatre Union is affiliated to the Federation of Education and Cultural Workers.
There is no trade union in Estonia which regroups all musicians playing in orchestras. The
main reason is that musicians so far did not feel the need to have a musicians’ trade union in a
small country like Estonia. In addition, some musicians employed with other live performance
artists at the National Opera and at the Tartu theatre are affiliated to the Estonian Theatre Union.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
17
At the National Symphony Orchestra there is a trade union which represents 65-70% of the
employed musicians. This trade union is affiliated not to the Estonian Theatre Union.
Information regarding Social Dialogue
A special law for live performance institutions has been adopted in 1997 and has been amended in
2002. Amongst others, this law gives live performance establishments the possibility to adopt the
status of a “foundation” which is linked to an increased budgetary independence. The law also
fixes a list of ‘creative workers’ with whom employers can conclude fixed-term contracts.
Labour Law provisions applying specifically to the live performance sector:
There are no specific labour law provisions in Estonia which would relate particularly to the
performing arts sector. The general labour law is applicable.
Sectorial social dialogue at national level:
There is no official system of bi-lateral social dialogue at national level for the whole live
performance sector. No nation-wide collective agreement applicable to the whole live
performance sector has been concluded so far.
However, the Association of Estonian Theatre Managers has concluded national collective
agreements with the Estonian Actors’ Association (concluded in 1993/1994), the Estonian Stage
Directors’ Union and the Association of Estonian Set-designers. These collective agreements
apply only in those establishments whose directors/managers are members of the Association
of Estonian Theatre Managers. The collective agreements have been concluded free from
interference from the government. The Estonian Theatre Union is currently preparing a general
collective agreement that shall cover all theatre workers in Estonia and is to be concluded with the
Association of Estonian Theatre Managers.
The Association of Estonian Theatre Managers is a registered trade union and thus not
recognised as a representative employers’ organisation which is entitled to negotiate collective
agreements binding on all drama theatre managers. In addition, the Association of Estonian
Theatre Managers, like the management of the National Symphony Orchestra are not officially
invited by the government in tri-partite social dialogue meetings.
There is no national collective agreement concluded that concerns musicians employed in the
public live performance sector.
Social dialogue at establishment level:
Several live performance establishments have concluded a collective agreement at establishment
level. The National Opera and the Tartu theatre as “multidisciplinary” stages (i.e. having
performances of different genres like opera, ballet, musical theatre and drama theatre) are not
affiliated to the Association of Estonian Theatre Managers and the national collective agreements
negotiated between this organisation and the Estonian Theatre Union does not apply to them. In
drama theatres where the national collective agreements apply, no establishment collective
agreements have been signed so far, mainly because workers do not see any necessity to sign an
additional collective agreement.
Another establishment collective agreement has been concluded at the National Symphony
Orchestra’s management and the establishment’s musicians’ trade union in 1994/1995. It is
regularly renegotiated and adapted.
The establishment collective agreements that have been concluded are only binding on those
employers who have signed them. They apply to all employees of the establishment where such an
agreement has been signed, regardless of their membership in a trade union.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
18
HUNGARY
The Structure of the Live Performance Sector
In Hungary, there are 35 theatres with a permanent theatrical company, 15 professional symphonic
orchestras, 21 dance ensembles (including ballet, folk and modern dance ensembles).
In total approx. 10.000 persons are employed in the live performance sector in Hungary.
In total there are approx. 10.000 musicians (3500 of them work in public live performance
establishments) and approx. 1200 actors in Hungary.
Almost all live performance establishments are public owned and nearly all are public subsidised.
Employers’ Organisations
There is no organisation that regroups all employers of the live performance sector.
The following organisations are professional organisations that defend the interests of live
performance establishments like drama theatres or symphony orchestras towards the government
and local authorities. Initially their particular aim is not to enter into social dialogue negotiations
with trade unions.
- The Hungarian Theatre Society, Department of Directors regroups the theatre directors of the
public drama theatres and some independent theatres.
-The Association of Hungarian Symphonic Orchestras, Department of Directors regroups the
symphony orchestra directors of 13 Hungarian Symphony orchestras.
-The Association of Hungarian Dancers regroups dance companies and dancers from classic
ballet, modern dance and folk dance.
Workers’ Organisations
The Association of Art Unions (MSZSZ) has several member unions that are connected to the
live performance sector:
-
The Hungarian Dancers’ and Musicians Union regroups approx.10.000 members who are
musicians and dancers but also music teachers.
-
The Theatre Workers’ Union regroups actors and other theatre employees and has approx.
2000 members, from which approx. 900 are performers.
-
The Variety Artists’ Union regroups circus and variety artists.
These trade unions are registered trade unions and recognised as such under the statutory rules of
Hungary. MSZSZ is affiliated to the Forum for the Cooperation of Trade Unions (SZEF) which
pools together trade unions active in the civil services sectors like schools, hospitals and state
subsidised culture institutions. SZEF is member of ETUC (European Trade Union
Confederation).
In the various live performance establishments, the different professional trade unions have their
representatives
who
negotiate
collective
agreements
with
the
establishment’s
direction/management.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
19
There are other associations and societies which represent the interests of live performance artists
and professionals but these associations are not registered trade-unions:
- IRKA Association, Social and Cultural Association for Literary Authors,
- The Hungarian Writers’ Association has a playwrights’ and screenwriters’ section,
- MASZK National Association of Actors.
Information regarding Social Dialogue
Labour Law provisions applying specifically to the live performance sector:
Except in the following fields, there is no specific labour legislation which would be specifically
applicable to the live performance sector:
- Working time: for some artistic activities the number of so-called “services” is regulated (e.g.
artists in symphony orchestras). Other provisions regulate in a more flexible way the actual
presence of the performer employee at his/her workplace.
- Health and safety at workplace: some specific provisions on pension systems permit performers
to retire earlier e.g. dancers, singers, wind musicians, circus and variety artist and in some cases
actors.
A Decree from the Ministry of Culture regulates the requirements of safety rules regarding
workplaces like theatres and concert halls.
Sectorial social dialogue at national level:
Trade unisons and employers’ organisations are completely independent from the government and
free from its interference when carrying out social dialogue discussions.
At national level there is no official system of bi-lateral social dialogue in live performance
sector. There is also no nation-wide collective agreement that has been negotiated which would
be applicable to the whole live performance sector. The main reason is that live performance
establishments are organised under very different systems (e.g. some are local government owned,
others State owned) which makes it difficult to work out a general collective agreement.
At national level a tri-partite social dialogue takes place between the above-mentioned trade
unions, employers’ organisations and the relevant ministries. An annual agreement is concluded on
issues like minimum wages and the allocation of some state subsidies.
Social dialogue at establishment level:
The trade unions and employers’ organisations are fully independent from the government and its
interference in carrying out bilateral discussions at the level of live performance establishments.
There is a well developed practice of bilateral social dialogue and collective agreements have
been concluded in nearly all drama theatres and symphony orchestras.
Collective agreements are concluded between the establishment’s employees’ representatives or
trade unions which are affiliated to one of the professional unions of MSZSZ and the
direction/management of the live performance establishment.
The establishment collective agreements that have been concluded are only binding on those
employers who have signed them. They apply to all employees of the establishment where such an
agreement has been signed, regardless of their membership in a trade union.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
20
LATVIA
The Structure of the Live Performance Sector
In Latvia there are approx. 13 drama theatres, one Opera-house, 9 professional Orchestras
(including 2 Symphony Orchestras), 4 professional choirs. There are also 6-10 private independent
theatre companies and 2-3 dance companies with semi-professional dancers that work on a projectbasis.
Most of the live performance establishments are public owned (either State- or Municipalityowned). They are not fully public subsidised.
In total, approx. 200 actors and more than 600 musicians and singers are employed in the
public live performance establishments. The overall number of actors in Latvia amounts to
approx. 220 persons.
The profession of light designer/light technician and sound technician is not a recognised
profession in Latvia.
In total there are probably more than 1500 persons employed in the public live performance
sector in Latvia.
Employers’ Organisations
In Latvia there is no organisation which regroups all employers of the live performance sector.
An advisory board of theatre directors is consulted by the Ministry of Culture in matters related to
the live performance sector. However, this is not an employers’ organisation set up with the aim to
represent the interests of directors/managers in collective bargaining with trade unions or towards
the public authorities.
One of the most important employers in the live performance sector is the Latvian National Opera
which employs approx. 600 employees. The “Daile-Theatre” is the biggest drama theatre in
Latvia and employs approx. 230 employees.
Workers’ Organisations
The only registered trade union that represents the interest of persons employed in the live
performance sector is the Latvian Trade Union Federation for People engaged in Cultural
Activities (LKDAF).
The members of this federation are the registered trade unions in the various live performance
establishments. LKDAF regroups actors, musicians, ballet dancers, technicians, circus-artists,
singers and persons employed in the administrations of live performance establishments. In total,
LKDAF has approx. 3500 members in the cultural sector, more than 500 of them are
employed in the live performance sector. Approx. 25-30 % of all public live performance
establishments’ employees are members of LKDAF. LKDAF is member of the Union of
Independent Trade Unions of Latvia which is member of ETUC (The European Trade Union
Confederation).
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
21
There are other associations which represent the interests of live performance artists and
professionals. These associations are not registered trade-unions.
-
The Latvian Theatre Union (LTDS) is a creative association which has the aim to support live
performance art in general but e.g. gives also its opinions for legislative proposals related to
performing arts. It regroups approx. 1200 persons working as actors, technicians or creative
professional in the public drama theatres in Latvia.
-
Latvian Actors’ Association (LAA) regroups mainly actors, but also circus artists, set designers
and musicians who are mostly not employed in public live performance establishments.
Information regarding Social Dialogue
Labour Law provisions applying specifically to the live performance sector:
There is no specific labour legislation which would be particularly applicable to the live
performance sector. The general labour law provisions related to maternity leave, working-time,
health and safety at workplace, training, etc. apply also to the live performance sector.
Currently LKDAF and the Ministry of Culture discuss about a particular procedure for an earlier
retirement age of artistic staff in live performance establishments.
Sectorial social dialogue at national level:
Trade unions are independent from the government, but there is no representative employers’
organisation in Latvia regrouping directors/managers of live performance establishments.
As a result, at national level there is no official bi-lateral social dialogue in live performance
sector.
There is also no nation-wide collective agreement that has been negotiated which would be
applicable to the whole live performance sector.
Social dialogue at establishment level:
There is a well developed practice of bi-lateral social dialogue in the public live performance
establishments. The trade unions of live performance establishments are independent when
carrying out bilateral discussions establishment level.
Directors/managers of public live performance establishment might find it sometimes difficult to
feel themselves completely ‘independent’ from the Ministry of Culture when negotiating collective
agreements. In particular they are not free to negotiate the salaries of their employees due to
budgetary constraints and strict guidelines they have to follow in this field from the Ministry of
Culture.
Several collective agreements have been concluded in public live performance establishments
e.g. at the Latvian National Symphony Orchestra, the Latvian National Opera and the Liepaja
Theatre and at the “Daile theatre”. Negotiations in view of concluding collective agreement are
currently also held at the National Theatre. Collective agreements concern amongst others
additional remuneration, health and safety at workplace and working time.
The establishment collective agreements that have been concluded are only binding on those
employers who have signed them. They apply to all employees of the establishment where such an
agreement has been signed, regardless of their membership in a trade union.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
22
LITHUANIA
The Structure of the Live Performance Sector
In Lithuania there are approx. 30 theatres, 13 of them are State funded theatres (including 8 drama
theatres, 2 Puppet theatres, and 3 Music theatres). There are also 5 State funded concert
organisations (including the Lithuanian National Philharmonic Society, the State Symphony
Orchestra, a Wind Instrument Orchestra, a State Song and Dance Ensemble and a State Chamber
Chorus). In total there are 12 orchestras in Lithuania including the theatre orchestras.
The public live performance establishments employ approx. 2300 persons, 1380 of them are
live performance artists (actors, musicians, dancers, etc.).
Nearly all live performance establishments are public owned (approx. 90%) and public subsidised
(approx. 90%). Some independent live performance establishments have to finance themselves
entirely.
Employers’ Organisations
There is no organisation which regroups all employers of the live performance sector.
The Association of State Theatres brings together the managing directors of the State theatres.
The Association of Independent Theatres brings together the managing directors of independent
theatres who employ live performance artists on a project basis. The objective of this association is
to have a legal structure which enables managing directors to apply for public subventions for live
performance productions.
None of these organisations have been set up particularly with the aim to establish social
dialogue with trade unions and they are not involved in any system of collective bargaining.
There are two major public live performance employers in Lithuania, the National
Philharmonic Society which is the umbrella organisation of 6 different music groups/orchestras
and which employs approximately 380 musicians and the Lithuanian National Opera and Ballet
which employs approximately 600 persons (amongst them musicians, dancers, choir singers and
technical staff).
Workers’ Organisations
-
The Federation of Trade Unions of Cultural Institutions regroups trade unions of public live
performance establishments. However, not all trade unions of public live performance
establishments are members. The Federation of Trade Unions of Cultural Institutions regroups
all categories of workers active in the field of live performance (actors, musicians, dancers,
technicians, persons working in administrations) and has in the whole cultural sector about
1000 members (including people from libraries and museums). The Lithuanian Trade Union
of Opera and Ballet Employees is one of the most important establishments’ trade unions and
a member of the Federation of Trade Unions of Cultural Institutions. About 80% of musicians
employed at the Lithuanian National Philharmonic Society are organised in a trade union
that is affiliated to the Federation of Trade Unions of Cultural Institutions.
-
The Musicians’ Union of Lithuanian State Symphony Orchestra is a registered trade union
and has been founded in 2003. It has approximately 70 members amongst the 100 musicians of
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
23
the State Symphony Orchestra. This trade union is affiliated to a national federation, the Trade
Union of Lithuanian Service Workers.
-
The Actors’ Association has approx. 60-65 members out of a total number of 300 actors in
Lithuania. The members of the Actors’ Association are mainly employed in cinema, TV but
also in drama theatres. The Actors’ Association is a registered trade union.
Several other associations defend the interests of live performance artists:
- A professional association regrouping actors, theatre critics and set designers has been set
up recently with the aim to defend the interests of professional artists working in the live
performance sector. This association is more a creative association and does not intend to
function as a trade union.
Information regarding Social Dialogue
The Ministry of Culture submitted for debates at the Parliament a Law on Theatre and Concert
Institutions which shall regulate amongst others the labour relations between employers and
employees of the performing arts sector as well as major principles of the employment contracts
(temporary contracts, long-term contracts, auditions, competitions, etc.). This law is currently
under discussion in the Parliament and is supposed to be adopted in June this year.
Labour Law provisions applying specifically to the live performance sector:
The general labour law provisions in Lithuania apply also to the performing arts sector. Some
particular labour law provisions concern the live performance sectors, e.g.:
- an extended annual leave time of up to 42 days is applicable to performing artist and some
categories of creative workers (directors, conductors, etc.)
- performing artists who suffer from professional diseases can benefit from a specific rent .
Sectorial social dialogue at national level:
At national level there is no official bi-lateral social dialogue in live performance sector. This
is mainly due to the fact that there is no representative employers’ organisation regrouping the
directors/managers of live performance establishments.
As a consequence, no nation-wide collective agreement has been negotiated which would be
applicable to the whole live performance sector.
Social dialogue at establishment level:
Not in all public live performance establishments collective agreements have been concluded so
far. A collective agreement has been negotiated at the National Philharmonic Society with the
establishments’ trade union regrouping approx. 90% of musicians from all music formations that
are part of the National Philharmonic Society. A collective agreement has also been concluded
between the direction/management of the Lithuanian National Opera and Ballet and the
establishments’ trade unions, the Lithuanian Trade Union of Opera and Ballet Employees.
The Musicians’ Union of Lithuanian State Symphony Orchestra currently negotiates a collective
agreement with the direction of the State Symphony Orchestra.
One important difficulty in the social dialogue at establishment level is that directors/managers are
not entirely free to negotiate the salary of their employees, as the amount of salary is fixed by the
public authorities and form an integral part of the overall budget the establishment receives as
subsidy from the public authorities.
The collective agreements that have been negotiated are only binding on those employers who
have signed them. They apply to all employees of the establishment where such an agreement has
been signed regardless of their membership in a trade union.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
24
MALTA
The Structure of the Live Performance Sector
There are several establishments in Malta (Manoel Theatre, St. James Cavalier Centre,
Mediterranean Conference Centre, 2 Opera houses in Gozo) which are used for live performances
by local and foreign orchestras and theatre companies. None of these establishments has a
permanent theatre, dance or music ensemble.
The total number of persons working permanently and full-time in the live performance sector
remains low (a total of approx. 80-100 persons).
However, a high number of persons play regularly as actors in local theatre companies or as
musicians in hotels and restaurants either during their holidays or during their spare time. The
exact number of these actors and musicians is not known, as most of them work on a part-time
basis in another job in another sector or consider themselves not as professional actors or
musicians. The little size of the island also does not enable all those persons to work on a
permanent and full-time basis as musicians or actors.
Employers’ Organisations
The most significant employer in the live performance sector in Malta is the National Orchestra. It
employs permanently about 41 full-time musicians, a small number of part-time musicians, an
artistic director and 2 administrative staff.
The main venues are in La Valetta (Manoel Theatre, St. James Cavalier Centre and
Mediterranean Conference Centre) and employ all together approx. 50-60 persons on a full-time
basis. These persons are mainly technicians and persons working in the establishments’
administrations.
There is no organisation in Malta which regroups all employers in the live performance
sector.
Workers’ Organisations
The majority of employed persons in Malta are affiliated to the General Workers’ Union (GWU),
the biggest trade union in Malta. The GWU is affiliated to UNI Europa and the European Trade
Union Confederation (ETUC). There is no specific section in the GWU for persons employed in
the live performance sector.
The majority of the persons employed on a full-time basis in the live performance sector are
members of the GWU. The same is valid for the musicians employed at the National Orchestra. In
addition, the GWU has also members employed in Arts and Drama Schools and Music Schools
who are mainly teachers.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
25
As regards the persons working as musicians or actors on a part-time basis, they are not affiliated
as musicians or actors to the GWU. Most of them are already affiliated to the GWU in their
permanent employment position in another sector.
As they perform only on a part-time basis and mostly as ‘self-employed’ persons, they very often
do not wish to organise themselves additionally in trade unions as musicians/actors.
Information regarding Social Dialogue
Labour Law provisions applying specifically to the live performance sector:
There are no labour law provisions in Malta which concern specifically the performing arts sector.
Sectorial social dialogue at national level:
Trade unions and employers’ associations are fully independent from the Government and can
have independent social dialogue discussions.
There is no specific system of collective bargaining for the live performance sector in Malta. In
general, in other sectors, bi-lateral and independent sectorial social dialogue is frequently practised.
However, no such regular bi-lateral social dialogue exists in the live performance sector. The
main reasons are that the live performance sector employs a relatively small number of full-time
professional workers and that there is no employers’ organisation regrouping exclusively
employers of the live performance sector.
Social dialogue at establishment level:
A social dialogue exists at establishment level at the National Orchestra.
The Direction of the National Orchestra has concluded a “Memorandum of Understanding” with
the Professionals and Services Section of the GWU which represents the majority of the musicians
employed of the National Orchestra. This “Memorandum of Understanding” validates the
individual contracts of services concluded between the musicians-employees and the Direction of
the National Orchestra.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
26
POLAND
The Structure of the Live Performance Sector
There are approximately 117 public drama theatres, 28 public opera and ballet ensembles, 39
professional philharmonic and symphonic orchestras, and several private theatres.
The majority of the live performance establishments are Municipality-, District- or State-owned
(approximately 90%). Nearly all live performance establishments are public financed (except 12%).
In public drama theatres there are approximately 2730 employees, in public music theatres (opera,
ballet) there are approximately 2150 employees, in public puppet theatres 451 employees. In total
this means that approximately 5500 persons or more are employed in the live performance
sector in Poland. The professional categories are represented as follows: approximately 2200
actors are employed in public drama and puppet theatres (currently some additional 2500
actors in Poland are unemployed). Some 2200 musicians are employed in symphony orchestras,
opera orchestras, chamber orchestras and radio orchestras. The absolute total number of musicians
in Poland is unknown.
Employers’ Organisations
-
The Association of Polish Opera Directors regroups directors/managers of operas.
The Conference of Directors of Polish Philharmonics, Symphony and Chamber Orchestras,
regroups directors/managers of music institutions.
The Association of Polish Theatre Managers regroups directors of drama theatres.
Their general objective is the exchange of information and the elaboration of some common
proposals on the financing of culture. None of these three organisations have been set up with the
particular aim of representing directors/managers as employers in social dialogue negotiations with
trade unions.
-
The Union Polish Theatres regroups directors/managers of drama theatres. So far it is
impossible to get any reliable information about the exact number of the members and the
name of the theatres affiliated. It seems that only a small part of Polish Theatres is affiliated;
the criteria for membership cannot be defined easily. Its objective is to represent the interests of
drama theatre managers/directors.
The Union of Polish Theatres is affiliated to the Polish Confederation of Private Employers
despite the fact that the majority of its members are public theatres. This Confederation is
member of UNICE, the Union of Industrial and Employers’ Confederation of Europe.
Workers’ Organisations
-
Z.Z.S.T. FORUM, is the Trade Union of Associated Artists and Performers regrouping
authors, musicians, dancers, singers, and other artist and has approximately 200-250 members.
FORUM is not member of any national federation or confederation.
-
ZZAP, Association of Professional Polish Actors, represents approximately 600 actors and
also dancers. ZZAP is not member of any national federation or confederation.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
27
-
Federation of Trade Unions of Culture and Arts Workers. It is a national federation affiliated
to the national confederation OPZZ, All Poland Agreement of Trade Unions. The Federation
of Trade Unions of Culture and Arts Workers has more than 3000 members, however only a
part of them work in the live performance sector.
-
NSZZ Solidarnosc, is the Independent and Self-Governing Trade Union
"Solidarnosc"/Solidarity. It has a special secretary representing actors, musicians, technicians
and administrative staff in live performance establishments. The exact number of their
members employed in the live performance sector is unknown. NSZZ Solidarnosc is
member of the European Trade Union Confederation (ETUC).
Information regarding Social Dialogue
Labour Law provisions applying specifically to the live performance sector:
The general labour law provisions in Poland apply also to the performing arts sector. Some
particular labour law provisions concern the retirement of dancers and musicians.
Sectorial social dialogue at national level:
At national level there is no system of bi-lateral social dialogue in live performance sector.
No nation-wide collective agreement has been negotiated which would be applicable to the
whole live performance sector.
This is mainly due to the fact that there is no representative employers’ organisation in the live
performance sector.
In the system of tri-partite social dialogue the following trade unions are admitted as members of
the tri-partite commission for culture: NSZZ Solidarnosc, OPZZ and FORUM. On the
employers’ side the Confederation of Polish Employers regroups the state-owned establishments
and municipal institutions. The Union of Polish Theatres is member of the Polish Confederation
of Private Employers despite the fact that the majority of its members are public owned theatres.
This situation creates some confusion for trade unions which have the impression to negotiate with
a partner which is affiliated to the “wrong” confederation.
In 1997, at national level a collective agreement has been negotiated for employees of State
Institutions of Culture. However, this agreement has somehow lost a lot of its scope of
application for the live performance sector, as many live performance institutions which have been
at that time State-owned became in the meantime Municipality-owned. The Municipalities as new
owners of these establishments have not all recognised automatically this collective agreement.
Social dialogue at establishment level:
Collective agreements have been concluded in several live performance establishments, however
not in all.
They are binding only on the employer of the establishment who has negotiated those agreements.
They apply to all employees which are employed in such an establishment, regardless of their
membership in a trade union.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
28
ROMANIA
The Structure of the Live Performance Sector
There are approximately 60 live performance institutions in Romania (including 40 theatres most of which are repertory theatres-, opera houses, philharmonic orchestras, theatres, puppet and
marionette theatres, musical theatres, operetta theatres, musical and folk dance ensembles).
These institutions are financed mostly from the local or central budgets and are active on a
performance/theatrical season basis.
About 8000 people are employed in these institutions, of which 50% are artistic personnel, 30%
- technical staff, and 20% - administrative staff. In total approx. 2000 actors are employed in
theatrical performance institutions, and almost as many technical and administrative staff.
There are about 15000 freelance artists: musicians, dancers, classic/pop/folk music directors,
actors, stage directors and set designers.
Employers’ Organisations
There is no organisation regrouping the directors/managers of all public live performance
establishments.
At the end of 2003, the directors of 8-9 Municipal drama theatres of Bucharest have created an
Informal Association of Bucharest Municipal Theatre Directors in order to defend their interests
towards the Bucharest Municipality. The original aim of this association is not to enter into social
dialogue negotiations with trade unions.
Workers’ Organisations
-
The Federation of trade unions in the live performance establishments (USIS) regroups
approximately 25% of the employees of theatrical performance institutions and has 900
members which are mainly actors and technicians and other professionals working back stage
and persons working in theatre administrations.
USIS is affiliated to the National Trade Unions Block (BNS) which is member of ETUC.
-
F.A.I.R. is the Federation of Artists and Performers Trade Unions in Romania. F.A.I.R.
regroups approximately 25 trade unions of public live performance establishments like operas,
music theatres and orchestras. The number of affiliated members amounts up to 2000. They
are mainly orchestra musicians (around 70% of the members), ballet dancers (around 10% of
the members), choir singers (around 15 % of the members) but also technicians (around 5%
of the members). Only one trade union member of F.A.I.R. regroups musicians active in the
field of popular and traditional music which are not employed in public live performance
establishments.
In some live performance establishments in the field of music (orchestras), small establishment
trade unions have been set up which have chosen not to be part of F.A.I.R.
F.A.I.R.’s national structure comprises at least one trade-union representative in Romania’s
most important cities, and four vice-presidents responsible for representing FAIR regionally.
F.A.I.R. is affiliated to the National Trade Unions Block (BNS) which is a member of ETUC.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
29
Information regarding Social Dialogue
Labour Law provisions applying specifically to the live performance sector:
There are no labour law provisions in Romania which would relate particularly to the performing
arts sector. The general law is applicable.
Sectorial social dialogue at national level:
At national level there is no system of bi-lateral social dialogue in the live performance sector.
Nationwide sectorial social dialogue is conducted on the employers’ side by the Ministry of social
affairs and the Ministry of Culture. There is no organisation which regroups the employers in
the live performance sector and which would enable the managers and directors of theatres and
orchestras to conduct an independent social dialogue with trade unions at national level.
A collective agreement was signed in 1999 at national level between F.A.I.R. and USIS and the
Ministry of Culture. Its provisions are completed by those of the Romanian labour and civil
legislation. This collective agreement is applicable to all employees who work in public live
performance establishments. The collective agreement covers aspects such as employment
contracts, working conditions, safety and health at workplace, remuneration, working time. This
agreement generally seems not always to be well respected in practice.
Social dialogue at establishment level:
Social dialogue discussions are also held at establishment level between the management
/direction of the establishment and the establishment’s trade union. However, establishment
collective agreements are not systematically concluded (e.g. about 50% of live performance
establishments in the field of music have not signed such establishment collective agreements). In
those establishments where collective agreements have been concluded, the nationwide collective
agreement negotiated between F.A.I.R., USIS and the Ministry of Culture serves as a basis for the
negotiation of the specific establishment agreements.
One of the main difficulties in the negotiation process at establishment level is that directors are
not entirely free to negotiate the salary of their employees, as the amount of salary is fixed by the
public authorities and form an integral part of the overall subsidies the establishment receives from
the public authorities.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
30
SLOVAKIA
The Structure of the Live Performance Sector
In Slovakia there are more than 38 theatres (amongst them10 State drama theatres and 3 opera
houses and ballet scenes) and 8 professional orchestras.
Nearly all live performance establishments are public owned and public subsidised.
The total number of musicians employed in public live performance orchestras amounts to
approximately 650.
The overall total number of persons employed in the live performance sector is approx. 3500.
Employers’ Organisations
There is no official organisation regrouping directors/managers of live performance
establishments.
The Association of Slovak Professional Orchestra Directors regroups the directors of 8
Symphony orchestras. It is an informal association that has the objective to exchange information
between its members. It has not been set up particularly with the objective to have social dialogue
with trade unions.
Workers’ Organisations
Several registered trade unions represent the interests of persons employed in the live performance
sector:
-
UNIA, is the Union of Professional Musicians. UNIA regroups approximately 600 musicians
employed in public live performance establishments. It is member of KUK, the Confederation
of Art and Culture. KUK is located in Prague, the Czech Republic and functions still as
common confederation for trade unions of the Czech Republic and Slovakia.
-
HOS, is the Slovak Actors’ Association. It regroups approximately 500 members whose
members are mostly self-employed actors. HOS has been refused membership in any national
federation or confederation as most of its members are self-employed persons.
-
SOZKaSO is the Union of Cultural and Social Organisations. It has approximately 3800
members in the whole cultural sectors including museums, libraries, and the live performance
sector. It represents musicians, as well as technicians and persons working in the
administrations of public live performance establishments. The total number of its members
employed in the live performance sector remains tiny and is not exactly known. SOZKaSO
is member of KOZ SR, the Confederation of Trade Unions of the Slovak Republic which is
affiliated to the European Trade Union Confederation (ETUC).
Information regarding Social Dialogue
Labour Law provisions applying specifically to the live performance sector:
There are some labour law provisions on working time which relate particularly to the performing
arts sector. For other aspects of labour law, the general law is applicable.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
31
Sectorial social dialogue at national level:
There is no official bi-lateral social dialogue at national level in the live performance sector in
Slovakia. One reason for this is that there is no organisation regrouping directors/managers of
live performance establishments who would negotiate as employer with trade unions at national
level.
As a consequence, no nation-wide collective agreement has been negotiated which would be
applicable to the whole live performance sector.
The current system of tri-partite collective bargaining concerns exclusively persons employed
in the live performance sector as permanent employees. The social dialogue negotiations at
national level take place exclusively between KOZ as a confederation and the government as
the main employer of public live performance establishments.
UNIA is not invited to participate in the system of tri-partite collective bargaining, despite
the fact that they represent an extremely high number of live performance musicians.
The very high number of self-employed persons in the live performance sector, especially
amongst actors, is also excluded from this system, as they are not considered to be ‘employees’,
despite the fact that in the majority of cases these ‘self-employed persons’ they work in an
employment relationship characterised by subordination which is more similar to that of
‘employees’ under the labour law.
As regards live performance workers employed in public live performance establishments, a
new labour legislation in 2002 introduced sectorial bargaining in the civil and public service
sectors. In October 2003, trade unions and employers' representatives in the public services signed
a collective agreement for 2004 (the first such agreement, covering 2003, was signed in 2002).
However, the Association of Towns and Municipalities of Slovakia (ZMOS) did not sign this
agreement, and local and municipal employers are thus not obliged to follow the agreement’s
provisions.
Social dialogue at establishment level:
At establishment level (e.g. in State theatres or orchestras) numerous collective agreements
have been signed between UNIA and theatre/orchestra directors/managers. They are only
binding on the directors/managers who have signed such agreements.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
32
SLOVENIA
The Structure of the Live Performance Sector
There are approximately 14 professional theatres in Slovenia, including 4 symphony orchestras, 12
drama theatres and 2 opera houses that include each a classical ballet ensemble and an orchestra.
All significant live performance establishments are public owned (by the State or a Municipality)
and are entirely public financed.
There are approx. 1200 persons employed in the public live performance establishments and
approx. 450 free-lance performing artists are registered at the public authorities.
Employers’ Organisations
There is no official organisation regrouping directors/managers of live performance
establishments. The Ministry of Culture represents officially all employers in the live performance
sector.
The Collegium of Theatre Directors is an informal organisation whose members are directors of
opera houses, theatres and orchestras. This organisation does not negotiate any collective
agreements with trade unions.
Workers’ Organisations
GLOSA is the Trade Union of Culture of Slovenia. Its members are employed in public cultural
institutions like libraries, museums, galleries and live performance establishments. It has 2800
members in the whole cultural sector. Approx. 80% of all persons employed in the public live
performance establishments are members of GLOSA.
GLOSA is affiliated to the ZSSS, the Association of Free Trade Unions of Slovenia which is a
member of ETUC.
SVIZ/ESTUS is the Education, Science and Culture Trade Union of Slovenia. It has approx.
35000 members, mainly in the field of Education and Science. Since 2003 it has also members in
the field of Culture, however mainly in libraries and museums. SVIZ has approx. 100 members
who are employed in the public live performance sector.
ZDUS is the Union of Dramatic Artists of Slovenia. It is a professional association of actors and
not a trade union. ZDUS is a member of the Chamber of Culture of Slovenia.
Information regarding Social Dialogue
Labour Law provisions applying specifically to the live performance sector:
There are some specific legislative provisions which relate particularly to labour matters and the
live performance sector:
-
The Exercising of the Public Interest in Culture Act (ZUJIK) of 2002 foresees the possibility
for self-employed professionals in the field of culture to request the right to the payment from
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
33
-
the State budget of contributions for compulsory pension and disability insurance and for
compulsory health insurance if the income position of the claimant does not allow normal
conditions for work.
As regards working time, artists are entitled in principle to have 50% of their working time
reserved for personal preparation for the work.
As regards professional training, artists can ask their employer for a special leave of max. 30
days/year for personal training.
Sectorial social dialogue at national level:
There is no official bi-lateral social dialogue at national level in the live performance sector.
Trade unions are fully independent from the government. However, no organisation representing
managers and directors of the live performance establishments is entrusted with carrying out social
dialogue with trade unions at national level. Officially the Ministry of Culture represents all
employers of public live performance establishments.
At national level collective agreements have been concluded in the public services sector. These
agreements apply also to the cultural sector.
In addition, in 1996 a specific collective agreement in the field of culture has been concluded at
national level between trade unions and the government. This agreement concerns general working
conditions in the cultural sector, including the public live performance sector. This collective
agreement is currently under revision.
The social dialogue at national level involves 3 different parties: GLOSA trade union and SVIZ
trade union and the government have each one 6 members in the ‘two-partite’ commission for
culture.
Social dialogue at establishment level:
Establishment collective agreements are regularly concluded in individual public live performance
establishments. Members of GLOSA (and in three establishments also of ZVIS) who are employed
in the establishments and act as employees’ representatives negotiate the collective agreement
directly with the direction/management of the establishment.
The collective agreements that have been negotiated are only binding on those employers who
have signed them. They apply to all employees of the establishment where such an agreement has
been signed regardless of their membership in a trade union.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
34
TURKEY
The Structure of the Live Performance Sector
In Turkey there are 32 theatre stages in 12 regions that are all under the umbrella of the Turkish
State Theatres system and approx. 100 independent drama theatre companies, 10 main Opera and
Ballet stages in 5 regions that are under the direction of the Opera Director General and some 30
independent groups and 5 Symphony orchestras, 3 of them being State- owned, and 2 of them
being Municipality owned.
In Turkey there are in total approx. 3000 actors, approx. 300 light technicians, 150 sound
technicians, 150 set designers and 150 costume designers.
Approx. one third of them (approx. 950-1000) work in State- or Municipal-owned live
performance establishments. The total number of persons employed in the public live
performance establishments is approx. 3000 (actors, singers, musicians, directors, technicians,
light designers, set-designers, costume designers, persons working in the administration, etc.).
Approx. 500 musicians are employed in the public live performance establishments.
All public live performance establishments are public subsidised (mainly by the State).
There are several private orchestras in Turkey; however, musicians who play in those orchestras
are mainly those who are already employed as public employees in Municipal- or State-owned live
performance establishments.
There is also a huge number musicians playing in hotels and restaurants (tourism sector). It is
very difficult to receive any reliable information as to the exact number of those musicians, as
many of them play not entirely as professional musicians. The estimated total number of musicians
is 10 000.
Employers’ Organisations
There is no organisation regrouping the public employers in the live performance sector in
Turkey. The directors/managers are directly appointed by to the public authorities.
The main employer in the public live performance sector remains the State.
In the private sector, Hotel and Restaurant owners seem not to be organised in any structure.
Workers’ Organisations
There are several organsiations in the field of live performance:
-
TOBAV is the Turkish State Theatre, Opera and ballet Members Foundation. It is an
independent foundation whose aim is to develop arts and the communication between members
working for the same institutional structure. Amongst others, it regularly organises festivals. It
regroups approx. 1200 persons working as actors, opera singers, ballet dancers, technicians and
administrators.
-
TOMEB is the Association of Professional Theatre Actors’ of Turkey. It was created at the
initiative of TOBAV and has the objective to protect the intellectual property rights actors.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
35
TOMEB has currently approx. 300 members who are live performance actors. It may become a
trade union in the future.
-
CASOD is the Association of Cinema and Theatre Actors and has approx. 100 members
amongst film, TV and live performance actors. Currently CASOD is no activity relating to the
defence of actors’ social or intellectual property rights.
None of these associations is a trade union.
Kültür-Sanat-Sen is the Trade Union of Culture and Arts. It regroups persons who work as
employees in public cultural institutions, like libraries, museums. It has very few members
employed in live performance establishments and its activities do not concentrate on the
sector of live performance. Kültür-Sanat-Sen is part of KESK, the Public Employees’ Trade
Union Federation which is affiliated to the European Trade Union Confederation (ETUC).
Kültür-Sanat-Sen is not allowed to sign any collective agreements as regards the salary of public
employees.
As regards musicians employed in restaurants and hotels, it seems to be very difficulty to
organise them in trade union. One reason may be the big size of the tourism sector and also the
fact that musicians often are not always professional musicians or perform only on a part-time
basis or occasionally.
2 organisations represent musicians active in the private live performance sector:
- Muzik Sen, which is the Union and Music Stage Artists. It is a registered trade union of
musicians performing in general in the field of popular and traditional music. Muzik Sen has
approx. 10.000 members.
- POP-SAV, which is an association set up by artists who perform popular music and has approx;
1000 members.
Information regarding Social Dialogue
Labour Law provisions applying specifically to the live performance sector:
The general labour law provisions in Turkey are also applicable the live performance sector.
Sectorial social dialogue at national level and at establishment level:
There is no official system of bi-lateral social dialogue in live performance sector.
The existing trade unions do not seem to be fully free from the government’s interference; KültürSanat-Sen for example has not the right to negotiate the salaries of public live performance
employees.
No collective agreement has been signed in the public or in the private live performance
sector, neither at national level, nor at establishment level.
Survey on the situation of Social Dialogue in the Live Performance Sector in the new EU Member States and in
the EU Accession and Candidate Countries
36