Foreign artists - the risks one runs in failing to go through the requisite formalities
Friday, 17 September 2004
Limoges TGI (Regional court), 20 September 2002 and 3 May 2002
The notion of voluntary work is the same for French and foreign artists ; it presupposes no form of payment whatsoever.An employer hiring a foreigner is required to ascertain that the latter is in possession of a valid work permit allowing him to be actively employed as a salaried worker; should that not be the case, he is required to go through all the requisite formalities involved in obtaining one.
Furthermore, all labour regulations apply when hiring foreign artists and more particularly require the employer to:
NB> In an initial ruling on 20 September 2002, the Limoges court gave him an 8-month suspended prison sentence and a €5,000 fine. After appealing against this initial sentence, the Limoges court reduced the suspended sentence to 4 months with the €5,000 fine.
The first offence the court noted was concealed work. In this instance, the person in question was criticized for having hired 44 Russian musicians without accomplishing the necessary statutory formalities: single statement of employment, contract of engagement, issuing pay slips, keeping a register of personnel.
The second offence was employing foreigners not in possession of a salaried work permit.
In this instance, after an initial series of concerts with foreign musicians, the Direccte had informed the person in question in 1998 that he should apply for a provisional work permit, reminding him that hiring non-community foreigners without a work permit was punishable by a three-year prison sentence and a 30,000-franc fine.
And yet, as the court duly noted, the person concerned disregarded the Direccte's warning.
The association's chairman argued that the Russian artists were working on a voluntary basis.
However, at a concert given in 1999 as part of a humanitarian event, the Direccte carried out a check in situ, which revealed that the person concerned was :
Deeming that these facts demonstrated that there was an effective employer-employee relationship, the Direccte asked the public prosecutor to prosecute him for the offences noted during the inspection: no work permit, failure to go through the requisite formalities when hiring salaried workers.
We should point out that in employment legislation the notion of voluntary work presupposes no form of payment whatsoever. The Limoges court's ruling stresses that this is equally true for French and foreign artists.
We should also point out that if artists are paid small amounts that do not include reimbursements of justified expenses, they can be recategorized as salaries.
Nb > For instance, a 700-Franc payment to a group of 5 artists was regarded as a salary because it was totally disproportionate to the travel expenses involved (5 cars over a distance of 16 km) and because the company failed to produce any receipts (as it happens, the group was living 8 km from the venue).
See also: Residence and work permits and Foreign artist engaged by a company in France
Last Updated ( Tuesday, 10 February 2009 )
Furthermore, all labour regulations apply when hiring foreign artists and more particularly require the employer to:
- draw up a fixed-term employment contract, which must be in writing and translated into French ;
- enter the worker in the company's official register of personnel ;
- go through all the standard employment formalities (statement prior to hiring (DPAE) or single statement of employment (DUE), URSSAF registration, etc).
NB> In an initial ruling on 20 September 2002, the Limoges court gave him an 8-month suspended prison sentence and a €5,000 fine. After appealing against this initial sentence, the Limoges court reduced the suspended sentence to 4 months with the €5,000 fine.
The first offence the court noted was concealed work. In this instance, the person in question was criticized for having hired 44 Russian musicians without accomplishing the necessary statutory formalities: single statement of employment, contract of engagement, issuing pay slips, keeping a register of personnel.
The second offence was employing foreigners not in possession of a salaried work permit.
In this instance, after an initial series of concerts with foreign musicians, the Direccte had informed the person in question in 1998 that he should apply for a provisional work permit, reminding him that hiring non-community foreigners without a work permit was punishable by a three-year prison sentence and a 30,000-franc fine.
And yet, as the court duly noted, the person concerned disregarded the Direccte's warning.
The association's chairman argued that the Russian artists were working on a voluntary basis.
However, at a concert given in 1999 as part of a humanitarian event, the Direccte carried out a check in situ, which revealed that the person concerned was :
- paying each of the 44 Russian musicians 115 Francs per concert;
- covering their travel expenses to France;
- himself organizing tours after canvassing local authorities.
Deeming that these facts demonstrated that there was an effective employer-employee relationship, the Direccte asked the public prosecutor to prosecute him for the offences noted during the inspection: no work permit, failure to go through the requisite formalities when hiring salaried workers.
We should point out that in employment legislation the notion of voluntary work presupposes no form of payment whatsoever. The Limoges court's ruling stresses that this is equally true for French and foreign artists.
We should also point out that if artists are paid small amounts that do not include reimbursements of justified expenses, they can be recategorized as salaries.
Nb > For instance, a 700-Franc payment to a group of 5 artists was regarded as a salary because it was totally disproportionate to the travel expenses involved (5 cars over a distance of 16 km) and because the company failed to produce any receipts (as it happens, the group was living 8 km from the venue).
See also: Residence and work permits and Foreign artist engaged by a company in France
