Activities of Martina MICHELS related to 2023/2051(INL)
Shadow reports (1)
REPORT with recommendations to the Commission on an EU framework for the social and professional situation of artists and workers in the cultural and creative sectors
Amendments (42)
Amendment 29 #
Motion for a resolution
Citation 28
Citation 28
– having regard to relevant Union legal acts in the area of social policy, such as Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services1 , Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems2 , Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time3 , and, Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union4 , and Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union 4a, _________________ 1 OJ L 18, 21.1.1997, p. 1. 2 OJ L 166, 30.4.2004, p. 1. 3 OJ L 299, 18.11.2003, p. 9. 4 OJ L 186, 11.7.2019, p. 105. 4a OJ L 275, 25.10.2022, p. 33
Amendment 37 #
Motion for a resolution
Citation 30
Citation 30
– having regard to relevant Union legal acts in the field of equal treatment, such as Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 concerning equal treatment for men and women in employment and occupation6 , which includes social security schemes, and Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC7 , , and Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms 7a, _________________ 6 OJ L 204, 26.7.2006, p. 23. 7 OJ L 180, 15.7.2010, p. 1. 7a OJ L 132, 17.5.2023, p. 21.
Amendment 76 #
Motion for a resolution
Recital C
Recital C
C. whereas more than double the number of CCS professionals is self- employed than in the general population (32 % compared to 14 %); whereas artists and cultural workers often suffer precarious employment relationships that deviate from traditional working arrangements, being more likely to be subject to part-time work, fixed-term work and temporary-agency work, and to combine employment and self- employment within the CCS and in other sectors such as services or education;
Amendment 81 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas the CCS also comprise micro, small and medium-sized organisations;
Amendment 83 #
Motion for a resolution
Recital D
Recital D
D. whereas these atypical working arrangements, often interrupted by significant periods of non-remuneratedunrecognized working time spent on artistic research or rehearsing, severely limit the effective access of CCS professionals to social protection and their access to relevant entin combination with irregular incomes, lead to discontinuous contribution periods and irregular payments that severely limit the CCS professionals contributory capacity and effective access to social protection and to relevant entitlements, including with regard to access to unemployment benefit regimes as well as old-age pensions and benefit levels during retirements ; whereas, even when coverage is available on a voluntary basis, self- employed CCS professionals have a low coverage rate;
Amendment 105 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas there are still many challenges in the CCS regarding gender equality; whereas gender stereotypes are apparent throughout these sectors and, due to the lack of gender equality, men have more and easier access to power, are more prevalent in decision-making and creative leadership positions, are in charge of commercially relevant cultural institutions and projects, and productions led by men receive more private and public funding; whereas the gender pay, pension and care gaps are also present in the CCS and access to the labour market in the CCS continues to exist on unequal terms for women; whereas creative outputs produced by women are less valued, there are fewer women in leadership positions and fewer older women are employed;
Amendment 109 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas there is a clear horizontal and vertical gendered segregation of the workforce in the CCS and having children is detrimental to women’s careers who often drop out of the job market and experience difficulties in re- entering the CCS, all of which are key factors in the gender pay and pension gap; whereas women face even more difficulties to achieve work-life balance due to the particularities of these sectors such as unconventional and irregular working hours, the need to travel for work, intense networking as well as the lack of a child-friendly infrastructure;
Amendment 123 #
Motion for a resolution
Recital J
Recital J
J. whereas mobility is an important element of professional artistic activity and career development and contributes to increasing income and reducing precariousness; whereas artists frequently move between Member States; whereas artistic mobility entails specific challenges, in particular in relation to social protection and taxation, which require specific measures; whereas most of the current funding instruments supporting mobility are not sufficiently adapted to the specific features of the sectors, such as seasonality and bureaucratic obstacles regarding mutual recognition of artistic education among Member States;
Amendment 134 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. Whereas the CCS is in need for more - EU, public and private - funding, especially after the COVID19 pandemic and the increased energy costs;
Amendment 140 #
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. Whereas the CCS working conditions need to be improved drastically;
Amendment 144 #
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. Whereas artists and cultural and creative workers from vulnerable groups such as women, young people, people with disabilities, representatives of LGBTQIIA+ and people with vulnerable socio-economic background, have lesser access to artistic and cultural careers and are hit the hardest by the consequences of the pandemic and any crisis;
Amendment 170 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that experts have identified the lack of a definition of CCS professionals and of a specific employment staturecognition of the specificities of their working conditions17 as one of the main factors leading to the weak social protection coverage of CCS professionals; calls on the Member States to adapt their national labour and social security regulatory frameworks to the specific working conditions in the sector with the aim of providing universal access to comprehensive, adequate, and sustainable social protection systems to all workers in the sector, including self- employed workers; asks the Commission to facilitate the recognition at Union level of the specific situation of CCS professionals, with the aim of ensuring, on the one hand, the unhindered application of the conditions attached to their status, for those who have such a status under national law, and of attaining convergence and of improving, on the other hand, the situation for those who are not covered by such a status, while promoting transnational work in Europe; _________________ 17 https://eenca.com/eenca/assets/File/EENC A%20publications/Study%20on%20the%2 0status%20and%20working%20conditions %20of%20artists%20and%20creative%20 professionals%20-%20Final%20report.pdf
Amendment 177 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the Member States that have not yet introduced a specific status for artists and other CCS professionals to do so, expanding its subjective scope of application to all workers and professionals carrying out the different functions, roles and capacities needed for the realisation of cultural and creative expressions and work, while taking into consideration the different rules applying to self-employed and employed workers; calls on those Member States which have an ‘artist status’ in place to monitor its adequacy and review it where necessary;
Amendment 181 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to ensure that the recognition as artist or CCS worker facilitates coverage under existing social protection schemes for both self- employed and workers; calls in particular for including protection against life risks such as unemployment for workers and the termination of activity for self- employed, and for leaving insurance benefits or comparable assets for old-age provision untouched in the case of necessary social transfer payments; highlights that the recognition as artist should also include support for micro- enterprises in the event of impending insolvency;
Amendment 183 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Condemns Member States that consider artist degrees as equivalent to secondary education ones;
Amendment 185 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned about the sustainability of the livelihood of CCS professionals in a number of Member States; believes that reinforced action at Union level is needed in that regard, in particular with regard to self-employed CCS professionals; calls therefore on the Commission to put forward a proposal for a Council Recommendation on access to adequate social protection in the cultural and creative sectors; believes that the recommendation should take into consideration the different employment statuses of workers and self-employed and should include specific recommendations on access to pension and maternity and equivalent benefits during unemployment or inactivity, on shortening the minimum contribution periods for access to unemployment benefits and on reducing the minimum contributions to social security schemes for low income self- employed workers;
Amendment 202 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to promote the recognition of, compensation for, and prevention of relevant occupational diseases related to the specific activities in the cultural and creative sectors;
Amendment 205 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines the difficulties associated with the increasing use of short-term contracts and self-employment in the cultural and creative sector; calls on the Commission to propose a Directive on fixed-term work in the cultural and creative sector, establishing a framework to prevent abuse arising from the use of successive fixed-term employment contracts or relationships, including a presumption of a dependent employment relationship for performing artists and technicians;
Amendment 237 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that the rise of the platform economy is having significant repercussions on the CCS, impacting artists and professionals as well as traditional intermediaries; calls for a strong directive on improving working conditions in platform work, particularly regarding the legal employment presumption and the transparency in algorithmic management;
Amendment 257 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights the need for transparency on the part of online platforms so that they provide to Collective Management Organizations at least the minimum of information they need in order to effectively ensure authors’ fair remuneration;
Amendment 260 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Commission and the Member States to apply best practices in order to ensure fair and proportionate remuneration to authors and performers; considers it necessary for progress in copyright contract law between authors and collecting societies and rights exploiters to be identified and checked across Europe in order to prevent a lack of transparency and buy-out clauses;
Amendment 284 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States and social partners to commit to the prevention of undeclared work and the eradication of bogus self-employment practices in the cultural and creative sectors, including by strengthening the action of labour enforcement authorities; calls on the Member States to ensure strong labour inspection systems to fight workers mis- classification as self-employed and to advance a safe and healthy working environment, including effectively addressing violence and harassment at work;
Amendment 290 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that in 2021, general government expenditure across the EU on cultural services amounted to €71.2 billion or 1.0 % of all general government expenditure1a; calls on the Member States to strongly enforce the social clause in public procurement to reinforce sustainable tendering criteria to promote the best use of public spending, quality employment and social inclusion and to require economic operators and subcontractors to fully respect fair working and employment conditions and the obligations resulting from the relevant collective bargaining agreements, adopting also a gender-responsive public procurement framework; _________________ 1a https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Government_e xpenditure_on_cultural,_broadcasting_an d_publishing_services&oldid=593681
Amendment 309 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that sustainable public funding is fundamental to ensuring a healthy cultural and creative ecosystem; asks the Member States to set a minimum spending target of 23 % of government public expenditure in the cultural and creative sectors, which still generates up to 4% of the GDP;
Amendment 311 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on Member States and the Commission for the promotion of collective bargaining with transparent and open public consultation procedures and regrets that contractual freedom often leaves cultural creators in a weak and isolated position when negotiating their contracts with producers;
Amendment 337 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned by the increasingly limited space devoted to artistic education and sports in national curricula in primary and secondary education; notes with concern that financial barriers often hinder access to higher education in the arts for young people coming from a disadvantaged background; calls on Member States to ensure equitable access to artistic education, in particular higher education; calls on Member States to provide free and tailored education to artists and cultural and creative workers;
Amendment 373 #
Motion for a resolution
Subheading 8
Subheading 8
Amendment 374 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the EU and the Member States to collect and analyse data to obtain reliable and comparable data on the gender gaps in the CCS per sector and sub-sector as already envisaged in the Council resolution on the EU Work Plan for Culture 2023–2026, to promote research and studies to improve gender equality policies in the CSS, particularly regarding access, representation, participation and working conditions, and to include the CCS in the mandate of EIGE; calls on the EU and the Member States to mainstream gender in the cultural policies, including gender budgeting, in the Creative Europe programme and other funding instruments relevant for the CCS such as the Cultural and Creative Sector Guarantee Facility; regrets the lack of ambition in the inclusion of the gender perspective in the EU Work Plan for Culture and therefore asks for a gender- based approach throughout the implementation and monitoring of the Plan;
Amendment 377 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that the cultural and creative sectors show a, due to the often precarious working conditions, unbalanced power structures and very high dependence rate from clients and, show above average exposure to intimidation and discrimination; recalls that many cases of sexual violence and harassment have come to light in recent years and that the MeToo movement began to spread precisely in these sectors;
Amendment 381 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on Member States and the Commission to establish a code of conduct or some kind of artistic procedures’ certifications in order to safeguard, at European-level, Occupational Safety and Health against sexual and any other harassment, violence, bullying or any other forms of abuse, in the CCS and regarding cultural production and performance;
Amendment 382 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Insists that best practices for preventing sexual assaults in the workplace, such as awareness officers or teams on film sets, should be exchanged across Europe and that regulations should be applied in a binding manner;
Amendment 383 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to redouble their efforts to eradicate harassment in the world of work, including sexual harassment, particularly in the cultural and creative sectors and to ensure a safe and healthy work place; welcomes, in that regard, the Commission proposal for a directive on combating violence against women and domestic violenceunderlines that social partners can play an important role and calls on Member States to take measures to promote collective bargaining on the workplace, practices and measures on preventing and addressing instances of violence and harassment in the world of work; welcomes, in that regard, the Commission proposal for a directive on combating violence against women and domestic violence; calls for the introduction of the offences concerning sexual harassment in the world of work as well as for more ambitious measures to address it such as guidelines on procedures for tackling violence and sexual harassment or short- term flexible working arrangements for the victims of gender-based violence , and looks forward to its swift adoption;
Amendment 388 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Highlights that ILO’s Violence and Harassment Convention, 2019 (No 190) and Recommendation (No 206) are the first international labour standards to provide a common framework to prevent, remedy and eliminate violence and harassment in the world of work; calls on the Member States that have not yet ratified the Convention, to do so without delay; also calls for the swift adoption of the Council decision authorising ratification of ILO’s Violence and Harassment Convention regarding those provisions that touch upon EU competences;
Amendment 393 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on the Member States to introduce reductions to be applied to employers' contributions to social security systems when hiring victims of gender- based violence and harassment with open- ended contracts or when converting their fixed-term contracts into open-ended ones;
Amendment 396 #
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Welcomes the adoption of the directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms and calls for a swift and ambitious transposition and implementation; calls also on Member States to go beyond the minimum standards of the work-life balance directive to seriously tackle the gender care gap; encourages Member States to introduce binding measures to oblige companies, in cooperation with their workers’ representatives, to adopt gender action plans;
Amendment 404 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Insists that criminalizing artistic and cultural creation is not acceptable; notes that strong advertising pressure is also retaining artistic freedom;
Amendment 423 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Make sure that AI will not take away jobs from the CCS sector;
Amendment 446 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Requests that the Commission submit a proposal for a Council Recommendation on access to adequate social protection in the cultural and creative sectors for workers and self- employed on the basis of Article 292 TFEU, in conjunction with Article 153 TFEU;
Amendment 448 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. At least 2% of the general EU budget and Next Generation EU programs need to be given to the CCS sector for post-pandemic recovery and for managing the energy crisis;
Amendment 449 #
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Suggests that the Commission examine the introduction of a fair work seal, since collective agreements in the various professional groups and types of employment in the CCS are not sufficient to ensure decent work; With a seal on cultural products, such as concerts, computer games, theater performances, books, etc., consumers have a powerful choice to demand good payment for artistic activity and thereby also register for the acceptance of artistic creation in all available forms; Such a seal can be a real European measure to improve an EU framework for artistic work, which at the same time leads to improvements in the Member States;
Amendment 451 #
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Requests the Commission to submit a proposal for a directive on fixed- term work in the cultural and creative sector on the basis of Article 153(2)(b) TFEU in conjunction with Article 153(1)(b) TFEU;
Amendment 484 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 5 a (new)
Annex I – Recommendation 3 – paragraph 2 – indent 5 a (new)
- - making visible the transparency of compliance with social and creativity- recognizing standards in employment contracts and copyright contract law, for example through the introduction of a Europe-wide fair work seal on all cultural products;