Chinese artists, accident & injury cover in France
Monday, 20 June 2005
“A plastic artist of Chinese origin wants to employ his Chinese assistant, who does not have a residence permit, to design and produce the exhibition the institution is devoting to him (it exhibits contemporary art). We are drawing up an art production contract with the artist. How can we protect the association and this person in the event of an accident during the preparations? Is a production contract that specifies the intervention of the artist’s assistant sufficient to prove to the préfecture that this person is engaged in cultural work and is thereby entitled to a residence permit for the duration of his engagement?”
In the absence of a bilateral agreement on social security with China, the only way to ensure the plastic artist and his assistant are covered in case of sickness and hospitalization following an accident (etc.) is to take out insurance with a general or mutual insurance company.
Moreover, the second part of your question would appear to concern the possibility of his obtaining a residence permit stating “artistic and cultural profession”.
Two categories of people can obtain a residence permit stating “artistic and cultural profession”:
- artists having an employment contract ;
- artists having a contract other than an employment contract with a company or establishment (public or private) the registered business activity of which is the creation, broadcasting and/or use of an intellectual work.
For artists under a contract other than an employment contract, Direccte(1) intervention is not required; however, the contract must be signed by DRAC(2). A circular from the ministry of the interior states that DRAC(2) approval is required to:
- “verify the registered purpose of the organization signing the contract” (its registered business activity must include the creation or use of an intellectual work);
- “ascertain the reality of the activity of persons claiming to be ‘artists’”.
- production of a work;
- production of a study of an artistic or cultural nature or prior to the production of a work;
- public performance of a work (exhibition, promotion, lectures, lessons, etc.);
- fixing a work;
- residential hosting”.
If the above conditions are not met, the person in question should apply for a temporary work permit from Direccte(1), because his occupational activity in France will be of a temporary nature and related to the production of an exhibition. If this should exceed 3 months, he should also apply for a temporary work permit stating “temporary worker”. See Foreign artist - Residence and work permit .
(1) Direction départementale du travail, de l’emploi et de la formation professionnelle (regional branch of the ministry for labour, employment and vocational training)
(2) Direction régionale des affaires culturelles (regional cultural affairs agency)
