A study conducted in the framework of the European funded project MOBILIVE by the academic researchers Frederic De Wispelaere & Wouter Schepers (HIVA - KU Leuven), Prof. Yves Jorens & Evert Nerinckx (Ghent University) and Marco Rocca & Leila Duchateau (CNRS - University of Strasbourg).
In order to support the work of social partners in general, and more particularly in sectors characterised by a high degree of cross-border mobility, this report explores the often neglected issue of the social security and employment status of ‘highly mobile workers’.
The report draws the attention to a specific group of (highly) mobile workers in the EU, notably those active in the ‘live performance sector’. This category is broad and multifaceted, including, for example, the dancer on tour for several weeks in different Member States, the actor engaged by a theatre company in one Member State and invited as a guest dramaturg in another Member State, the musician playing in several orchestras and music ensembles in different Member States, rehearsing in yet another Member State.
Thus, identifying the social security and labour legislation which should be applied to this group of (highly) mobile workers can be very challenging. What these challenges exactly are in the field of labour and social security law and what answers are conceivable, is a main subject of the report. In that respect, the following research objectives were put forward:
Labour mobility is one of the fundamental freedoms of the EU. Despite the fact that the term ‘highly mobile worker’ is increasingly used in debates, very little research is available on their socio-economic and legal status. The group of highly mobile persons that MOBILIVE wants to focus on are artists, musicians and where relevant also technicians and touring staff.
Due to the high mobility of artists (and others), identifying which social security legislation and which labour law they are entitled to can be very challenging. In addition, it is often difficult for artists to know their status and what their particular situation implies in different countries. Mobile artists may be, therefore, uncertain about their social rights and obligations. The stay in another country might also be too short for an artist to build up social rights and to be entitled to access the local social security system.
Furthermore, there is a large administrative burden on companies active in the live performance sector due to the application of European legislation. Finally, the revised Posting of Workers Directive might create complicated calculations regarding the remuneration by the employer of the sending state when it concerns very short-term postings.
MOBILIVE aims to explore the social security and employment status of hyper-mobile workers in the live performance sector. The research explored the definition of the concept ‘highly mobile worker’ (in the live performance sector) and makes a detailed analysis of the challenges and solutions with regard the social security and employment status of hyper-mobile workers employed in the live performance sector.
MOBILIVE's main objective is to objectify the challenges and solutions with regard to the social security and employment status of hyper-mobile workers in the live performance sector.
MOBILIVE has 3 main sub-objectives:
KUL-HIVA (project leader), CNRS - University of Strasbourg and University of Ghent (co-researchers), Pearle* (co-partner)
Associate partners: 5 partner countries OKO (BE), APD CR (CZ), FEPS (FR), Performart (PT), Svensk Scenkonst (SW), and also FIM, FIA, UNI-MEI