Presumption of salaried status: exclusion of european artists working on a temporary and freelance b

Monday, 14 April 2008

In order to bring the Labour Code into compliance with a European Court of Justice (ECJ) ruling dated 15 June 2006 (see article Presumption of salaried status for performing artists: the ECJ pronounced its ruling on 15 June 2006 ), the law of 30 January 2008 modifies article L.762-1 of the Labour Code.

Henceforth, the Labour Code provides for an exception to the presumption of salaried status of foreign performing artists who:
  • are recognised as service providers established in another state of the European Community or the European Economic Area, where they routinely provide similar services ;
  • and who work in France on a temporary and freelance basis.
In the new Labour Code, which comes into force on 1 May 2008, this provision is set forth in article L.7121-5.
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