Self-employed european artists, the ministry of employment’s instructions
The Ministry of Employment has recently sent a circular to labour and factory inspectors, Direccte and DRTEFP (local and regional branches of the ministry for labour, employment and vocational training) informing them of changes in legislation in connection with self-employed European artists working in France.
In the said circular, the ministry’s directorate general reminds all inspection departments that in a ruling dated 15 June 2006 the European Court of Justice (ECJ) considered that the presumption of salaried status for performing artists as provided for in our Labour Code constitutes an obstacle to the free provision of services when it is applied “to artists recognised as service providers based in their member state of origin, where they routinely provide similar services”.
It goes on to say that compliance with community rules has entailed a change in French law. Henceforth the Labour Code provides for an exception to the presumption of salaried status for the said artists (see article Presumption of salaried status: exclusion of European artists working on a temporary and freelance basis ).As a result, the foreign labour services of the Direcctes and labour inspectorates have been informed that this exception is “fully applicable forthwith”.
For further information
Download DGT instruction no. 2 of 18 March 200 8
