A FOCUS ON THE ROLE OF EMPLOYERS ASSOCIATIONS
Pearle in-house publication © Pearle*, May 2012 Ref AD/2012/P6341 Credits photos, first page, from top to bottom © Lauri Kulpsoo © Javier del Real © AsLiCo Published in context of European project on “Social dialogue in the live performance sector in the EU. Strengthening capacities of national employers organisations in the EU and candidate countries to support a sustainable environment for European sectoral social dialogue” (Grant agreement n° VS/2011/0416) Steering committee: Catherine Baumann, Liesbeth Dejonghe, Momchil Georgiev, Zdeněk Prokeš, Ilka Schmalbauch Project team: Anita Debaere, Project manager Alexandra Bobes, Project administrator Wati Koesharto, Project secretariat Project partner: oKo – Overleg kunstenorganisaties (association of performing arts and music organisations in Flanders) With the financial support of the European Commission DG Employment, Social Affairs and Inclusion
The information in this brochure reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein Pearle* (Performing Arts Employers Associations League Europe) Square Sainctelette 19 B-1000 Brussels Tel +32-2-203.62.96 E-mail
[email protected] Website www.pearle.ws
FOREWORD
CATHERINE BAUMANN, PRESIDENT PEARLE*
TWENTY YEARS AGO, in 1991, employers associations in the performing arts from France, Germany, the Netherlands, Sweden, and the UK decided to set up a European u mbrel l a a ss o c i at ion to re pres ent t hei r i nt e res t s a t t he Eu ropea n level. Pea rle* was founded. As the association beca me la rger and its activities increased, contacts were made with the European workers in the sector, first with Euro-Mei (representing technicians) and then also with actors and musicians (respectively FIA and FIM). Following exchanges with the DirectorateGeneral Employment at the European Commission, and on the basis of a representativeness study, the green light was given to set up a European sectoral social dialogue committee ‘live performance’. Employers organisations are quite well established in the EU15 countries, where the process of bringing management and workers around the table to set conditions determining the basics for pay and work creates a framework on which the entire sector can rely.
It has been a great pleasure for me to see that in several countries across Europe, enthusiastic and dynamic people have joined forces to set up their own associations, bringing together managers and directors of a wide range of performing arts and music organisations. Such associations provide a forum for exchange among members on issues of common interest and provide services to their members in the form of training, advice and legal support. Many develop initiatives that serve the entire membership and that benefit the sector’s activities as a whole. Employers associations also play an important role in representing the interests of their members to the government and developing a collective voice for the sector. Once an employers association has achieved a certain degree of representation in its own country, it is only natural for it to seek a collective voice at the European level. Pearle*, the umbrella association that represents today the interests of 42 associations and more than 4500 performing arts and music organisations, proudly celebrated its twentieth anniversary last year. The timely choice to undertake a new project that strengthens the capacities of social partners and the role of employers associations is a step further towards our collective aim to ensure a sustainable environment for the live performance sector for many years to come.
As the enlargement process of the European Union brought new Member States into the European frameworks, social partners felt that intense support had to be given in order to strengthen the capacities of social partners, and particularly of younger organisations.
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TO THE READER
When the European social dialogue committee ‘live performance’ was created in 1998-1999, one of the main goals of the committee was to strengthen the capacities of social partners in the EU. Since this committee was set up, several initiatives have been taken to promote social dialogue and raise awareness of the role of employers associations and trade-unions, in particular after the successive waves of EU enlargement. Clearly there is a pressing need to speed up the introduction of employers associations in countries where they do not yet exist. The impact of the crisis and its effect on the public finances of governments has made it even more urgent for our sector to start debating themes centred on its sustainability.
To this end, the Pearle* members decided to run a yearlong project, with the following objectives: to raise awareness of EU social dialogue in our sector and of regulations resulting from EU social dialogue negotiations; to strengthen the capacities of employers organisations in the live performance sector by getting formally organised and developing their membership and activities; to strengthen the role of the employers organisation as a social partner, encourage its social dialogue activities and promote actions for its recognition; to improve the participation of employers organisations in sectoral social dialogue at EU level; to share information and best practices between employers organisations in Europe on labour markets and funding systems, on responses to the financial crisis, on negotiation procedures and collective agreements. This brochure is intended to give the reader an insight into social dialogue in the EU, the Social dialogue committee ‘live performance’, relevant legislation, role and function of employers associations and examples of activities of existing employers organizations in
the sector.
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CONTENTS
1. GENERAL INTRODUCTION: WHAT IS SOCIAL DIALOGUE ? 2. FORMS AND LEVELS OF SOCIAL DIALOGUE : 2.1. Bipartite and tripartite social dialogue 2.2. Cross-industry and sectoral social dialogue 2.3. Social dialogue at national and European level 3. SOCIAL DIALOGUE AND THE LIVE PERFORMANCE SECTOR 3.1. Role of employers associations in the live performance in Europe 3.2. Impact of the European Union on the functioning of the sector 3.3. European sectoral social dialogue committee “live performance” Annex 1: Presentation of European social partners in the live performance Annex 2: Outcomes of the European sectoral social dialogue committee ‘live performance’ Annex 3: Work programme 2012-2013 of the European sectoral social dialogue committee ‘live performance’ Annex 4: Members of Pearle* in 2012
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1. GENERAL INTRODUCTION: WHAT IS SOCIAL DIALOGUE? Social Dialogue as defined by the ILO (International Labour Organization) includes all types of negotiation, consultation and simple exchanges of information between or among representatives of governments, employers and workers – usually referred to as social partners – on issues of common interest relating to economic and social policy. The purpose of social dialogue differs according to its content, may differ substantially from one country to another, and is three-fold: Information: there can be a wide range of issues on which social partners just exchange information without wishing to influence their respective positions. Consultation: social partners may consult each other with a view to converging their positions. Negotiations: some issues are subject to real negotiations with a view to reaching an agreement, most frequently in the form of a compromise acceptable to all parties. The content of national social dialogue is dictated first of all by the realities of economic and social life. It may therefore differ according to the needs of society at different stages of economic and social development, and be influenced by the level of urgency of reaction to external events.
Credits, from top to bottom : © Eric Larrayadieu © Marco Borggreve © Alain Kaiser
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2. FORMS AND LEVELS OF SOCIAL DIALOGUE
Since the social dialogue approach is enshrined in the Treaty of the European Union (now TFEU), social dialogue plays an additional role at European level, complementing the social dialogue at a national level. The approach used in social dialogue (bipartite or tripartite) depends on whether the government is involved as one of the parties, or whether meetings are held just between management and labour representatives, or between employers and workers. The bipartite form is the norm at industry or sectoral level, while at national level (inter-occupational or cross-industry), government involvement is not only desirable but may even be necessary. The table below describes the levels and forms of social dialogue.
NATIONAL FORM LEVEL
2.1.
bi-partite crossindustry
sectoral
EUROPEAN
tri-partite crossindustry
BI-PARTITE AND TRI-PARTITE SOCIAL DIALOGUE
‘Bipartism’, or bipartite social dialogue, is a process between representatives of employers and workers in order to determine a framework of rules and regulations governing terms and conditions of employment, safety and health, training, or other work-related issues. This happens through consultation, negotiation, bargaining or other consensual processes. In the event that bipartite dialogue does not lead to dispute avoidance or settlement, tripartite interventions such as conciliation/mediation and arbitration/adjudication become necessary. ‘Tripartism’, or tripartite social dialogue, refers to labour relations in which the government, employers and workers are autonomous yet interdependent partners with common interests. The tripartite body has a consultative and advisory role. In most countries it also serves as a forum for exchange of information. Sometimes the tripartite body also acts as a decision-making body. The criteria for membership of employers’ and workers’ organisations in the central tripartite body are laid down in the legislation of some countries,
sectoral
bi-partite crossindustry
sectoral
tri-partite crossindustry
sectoral
whereas in other countries they are determined by established practice. These criteria can be quantitative or qualitative. Naturally, they differ from one country to another, and a combination of several criteria is usually found in each country. The autonomy of social partners is an important condition for the industrial relations. The organisation, working methods, themes and subjects for negotiation have to be decided by management and workers in an autonomous way.
The Resolution concerning tripartism and social dialogue, adopted by the International Labour Conference in 2002, invites governments to ensure that the necessary preconditions for social dialogue exist, including respect for the fundamental principles and the right to freedom of association and collective bargaining, a sound industrial relations environment, and respect for the role of the social partners. It also urges governments, as well as workers’ and employers’ organisations to promote tripartism and social dialogue, especially in sectors where tripartism and social dialogue are absent or hardly exist. 5
2.2.
CROSS-INDUSTRY AND SECTORAL SOCIAL DIALOGUE
Cross-industry social dialogue covers the whole economy and labour market. Its purpose is to promote dialogue between trade unions and employers’ organisations in key areas common to all fields of employment and social affairs. The results and standards adopted by the crossindustry social partners apply to businesses and workers in the respective country or, when negotiated at European level, to all EU Member States. The generalised inter-professional approach gives cross-industry dialogue the highest political profile. At European level, all tripartite social dialogue, with a few exceptions, take place at cross-industry level. Sectoral social dialogue focuses on a particular sector or number of sectors. The scope of the sector is determined by the international framework of NACE codes. The dialogue between the social partners of a particular sector (or sectors) includes negotiations, agreements and exchanges between management and workers or employers and trade-union from a respective sector. At national level sectoral social dialogue includes the concrete results of collective bargaining over pay and working conditions which are applicable to the sector and which are formulated within the general legal framework. Management and workers may develop further refined agreements on the basis of sectoral agreements at company, business or organisational level. This kind of company social dialogue process that results in a company collective bargaining agreement is only applicable to the workers in the particular company concerned.
2.3.
SOCIAL DIALOGUE AT NATIONAL AND EUROPEAN LEVEL
Cross-industry bipartite and tripartite social dialogue at national level is common in all Member States of the European Union. However, differences are generally observed across Europe depending on historic traditions and the general political framework. The situation at sectoral level is even more diverse than at cross-industry level. Variations are clearly evident in the structure and level of organisation of employers and workers within a specific sector in a 6
given country. A good coverage of the sector and important level representation is necessary for the level of social dialogue. Sectoral social partners may be represented in cross-industry bodies in their country, meaning that they have access to the cross-industry social dialogue process. Cross-industry bodies at national level will in turn be represented in European umbrella organisations. At European level only a limited number of players are involved in the cross-industry social dialogue: ETUC (European Trade Union Confederation) on the trade union side, including in its negotiation team Eurocadres (Professional and Managerial staff) and CEC (Executives and Managerial staff); The general employers associations BusinessEurope and CEEP (employers and entreprises providing public services), and UEAPME representing certain categories of undertakings that are Small and Medium-sized entreprises and crafts. The European cross-industry social partners have been in a permanent dialogue since 1985 when the European social dialogue was officially launched. They have negotiated a considerable number of joint texts, including several agreements, since this possibility was introduced in the European treaties in 1993. European Sectoral social dialogue is an instrument of EU social policy and industrial relations at sectoral level. It mainly consists of negotiations (agreements /common opinions) between the social partners: the European trade unions and employers organisations belonging to a specific sector. The European social dialogue also includes activities such as mutual information, discussion and exchange of opinions. Its aim is to influence the arrangement and development of work-related issues. The conditions for consultation and dialogue between employer and employee representatives in specialised committees are set out in Commission decision 98/500/EC of 20 May 1998. Committees generally meet five or six times a year, and a plenary session is held twice a year. At present there are 40 European sectoral social dialogue committees. The European sectoral social dialogue committee ‘live performance’ was set up in 1998, on the initiative of Pearle* as representing management and the EAEA as representing workers.
The EU in its Treaty on the Functioning of the European Union foresees an important role for the social partners. As part of the policy of promoting the engagement of the European social partners in the formulation of EU social policy, Article 154TFEU provides that the Commission, before submitting proposals in the social policy field, has to consult management and labour on the possible direction of the proposals concerned. Moreover, if, after such consultation, the Commission considers Community action advisable, it is obliged to consult management and labour on the content of the envisaged proposal. There are 79 organisations consulted under article 154 TFEU. Pearle* is one of the employers organisations that has been formally invited by the European Commission to present its views on matters related to employment and social policy.
Role of the European sectoral social dialogue and European legislation: In different pieces of legislation in the areas of labour law and social affairs provisions have been included that allow social partners to negotiate, through collective agreements, solutions that have been adapted to the needs of their sectors. However, when social dialogue is lacking in a particular sector, that sector has to follow the general rules that either its government has implemented from the European directive concerned or that the cross-industry social partners have concluded. Directives containing provisions which require the consultation of social partners are, for example: Directive 2003/88/EC of the European Parliament and the Council of 4 November 2003 concerning certain aspects of the organisation of working time 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 workers. Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise).
© Le poème harmonique
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3. SOCIAL DIALOGUE AND THE LIVE PERFORMANCE SECTOR Social dialogue in the live performance sector, is well established in bipartite form in most of the EU-15. It has developed further in several of the newer Member States since they joined the European Union in 2004 and in 2007. This is the case for countries such as Estonia or the Czech Republic. In other countries, such Bulgaria and Poland, employers associations have been set up, thus opening up the way to bipartite social dialogue. The situation is very different in each EU Member State and in the candidate countries. Traditions of structuring management and labour, the context and landscape of the performing arts and music sector, all differ from country to country. The degree of autonomy of management of live performance establishments, the status of the workers (employees, civil servants, self-employed) in the sector, and the level of established bipartite social dialogue – all these are the key components for management and labour to be able to take on responsibilities for the sector in which they operate. In many EU Member States social partners negotiate and work together to obtain more appropriate conditions for the sector in which operate theatres, orchestras, dance and ballet companies, and other live performance or music organisations, and also for the people working there. Social partners in the live performance sector across Europe negotiate collective agreements which may include levels of pay, arrangements on working time, rest periods, vacation, overtime, and so on. They may also provide a framework of conditions for touring inside a country and abroad. Other arrangements may include the setting up of funds for pensions – training – transition or career development, the development of guidance on health and safety at the workplace, and other specific workplace-related topics. 8
Such agreements can also be a reference tool for the parts of the performing arts sector that are not formally structured, and may provide a level playing field for the entire sector. Social partners in the live performance sector may be initiators or be involved in the setting up of specific bodies or organisations.
Examples of organisations or bodies in which social partners in the live performance are represented: In France social partners have set up an institute for vocational training for technicians. The chairmanship of this training institute, called CFPTS and based in Bagnolet near Paris, alternates between representatives of either the employers or the trade unions. Social partners involved: SNDTP, SYNDEAC, SNSP, SNES, PRODISS – employers / SYNPTAC-CGT, F3C-CFDT – trade-union In Belgium the social partners in the Flemishspeaking region have been at the forefront to set up an information center, the ‘Kunstenloket’, with the aim of providing information to the cultural sector on the status of the artist. Social partners involved: oko – employers / ACV, ABVV, ACLVB – trade-union In the UK the social partners were involved in setting up a sector skills council “Creative and cultural skills” to develop labour market analysis and analysis of skills needs. Social partners involved: Solt/TMA – employers / BECTU – trade-union In the Netherlands the social partners set up a ‘SOD’ scheme for the transition of dancers who have reached the end of their careers, providing them with advice and financial support. Social partners involved: NAPK – employers / FNV-Kiem – trade-union
3.1.
ROLE OF EMPLOYERS ASSOCIATIONS IN THE LIVE PERFORMANCE IN EUROPE
Sector and employers associations represent the collective voice of the management in the live performance or performing arts and music. In some countries, employers associations cover a very broad spectrum of live performance, in other countries associations represent a highly specific part of the sector. It is underlined that employers or sector federations exist on both the publicly-funded or owned side and the non-funded side of the live performance. In the context of social dialogue, employers associations will meet their social partners representing the interests of labour or workers in a bipartite framework, and will have exchanges in a tripartite meeting with ministries responsible for culture and for employment. In many countries, employers associations maintain permanent dialogue with their ministries of culture and may be invited to their parliaments to present their expert views. Employers associations also discuss with other members of government matters touching employment, taxation and any other issue that may affect the management of the performing arts organisations.
Some examples: The Svensk Scenkonst (Swedish performing arts) has an in-house team of several lawyers to advise its members on labour-related questions and other legal matters. The majority of the employers organisations have at least one in-house lawyer to provide legal support.
The DBV, Deutscher Bühnenverein (Theatres and Orchestras), publishes an extensive statistical yearbook, including data from the Germany, Austria, Switzerland, on audience participation, box office income, employment, etc.
The Finnish orchestra association (Suosio) has a music library and rents out music parts to orchestras Several members publish a magazine or newspaper with sector-specific information: WBV in Austria, TMA in the UK, DBV in Germany, AHO in Hungary, NTO in Norway, FAETEDA in Spain, AGIS in Italy, and the Theatre Federatioun in Luxemburg
The activities, role and function of employers associations are many-sided. For the majority of the established associations representing live performance organisations, taking part in social dialogue is just one of their many routine tasks.
The EETEAL (Estonian performing arts association) has developed a programme that provides gift vouchers for children of deprived families
Most of the members of Pearle*, the European sector and employers federation in the performing arts, have negotiated collective agreements. 60% of these agreements are applicable to the whole sector. In the other cases they are taken as a model.
The Association of French orchestras (AFO) organises every year a big event ‘orchestres en fête’ to bring audiences closer to the world of music and orchestras
The activities of employers associations can be categorised under five main headings: Social partner-related actions and initiatives Specific services for the members: advice, counselling, training Representation, advocacy and advice to governments Research studies, analyses and statistics Activities focused on the general public or on specific societal groups
The Federation of Scottish Theatre FST runs a project on audience accessibility and provides translation into British Sign language
The Theatre Federatioun (Luxemburg) and the Théâtre romans in Switzerland coordinate the programming of their members’ theatres to avoid any overlapping of dates for a premiere of a new production 9
In several countries, employers associations are in the lead for organising competitions and prize-givings in their area of activity, such as the “Olivier Awards” in the UK, “les Molières” in France, “Hedda” in Norway , “Nestroy Prizes” in Austria, “Der Faust” German theatre awards, …
The Society of London Theatre (SOLT) has its own ticket booth and the SNDTP has its own booking operator (bookings online or by phone) Several employers associations publish job offers on their websites, such as the LOF (Danish regional orchestra association), CPDO (French opera houses), SNSP (public venues in France), etc
IMPACT OF THE EUROPEAN 3.2. UNION ON THE FUNCTIONING OF THE SECTOR In many EU Member States social partners negotiate and work together in different areas to obtain conditions which are better adapted to the specific needs of the sector in which live performance organisations and the people working there operate. Whenever a European initiative in the field of employment and social affairs is required or desired, the European Union may develop a regulatory framework that will become applicable in all Member States. The broad policy lines on employment are regularly discussed between the European institutions involved (the European Commission, the European Parliament and the Employment Council). As a result, the agenda and work programme of social dialogue on a national level and on a sectoral level may be influenced by the European agenda and developments. As for the live performance sector, a very concrete example is the noise directive (Directive 2003/10/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise). With a specific provision allowing the sector to meet the legal obligations as laid down in the directive, 10
the European sectoral social partners collaborated intensely in the development of guidance focusing on the “music and entertainment sectors”, which is part of a comprehensive guide developed to assist Member States in the implementation of the directive. Besides the cross-national cooperation of the European sectoral social partners, initiatives were also taken at national level. For instance, in the UK and the Netherlands, social partners from the performing arts sector set up a website providing information and guidance for those in the music sector. InFrance, like in other countries sector federations wrote a manual for their members (AFO for the orchestras and PRODISS for the producers and venues in the music sector). All sector federations held information and training sessions for their members. They also exchanged on new trends and developments in protection equipment. Another example of the impact of European policy on the sector is of political nature. At several Employment Council meetings and tripartite European social dialogue meetings, the impact of the crisis on employment has been the centre of attention. Measures have been proposed and discussed to maintain and stimulate employment. For live performances, sectoral social partners in respective Member States have been joining forces since the outbreak of the financial and economic crisis to address issues in relation to the public funding of activities in this the sector. In addition to expressing concerns, social partners in different Member States have been working together on initiatives related to employment, transition and guidance.
EUROPEAN SECTORAL SOCIAL 3.3. DIALOGUE COMMITTEE “LIVE PERFORMANCE” In its Communication on ‘The European social dialogue, a force for innovation and change’, the European Commission expressed the view that the sectoral level “is the proper level for discussion on many issues linked to employment, such as working conditions, vocational training and industrial change, the knowledge society, demographic patterns, enlargement and globalization” (COM (2002) 341 final of 26 June 2002). Sectoral social dialogue committees are the forums where representatives from European social partners can discuss all matters related to their specific sectoral activities. They are established with due regard for the autonomy of the social partners.
In 1999 PEARLE* and the EAEA formed the EU Social Dialogue Committee for the Live Performance Sector. On the employers side, Pearle* is the sole association representing the management of performing arts organisations. On the workers side, the EAEA or European arts and entertainment alliance, unites three associations representing the actors and performers (FIA), musicians (FIM), technicians (Euro-Mei).
Further analysis of the content of the texts reveals that most texts focus on social dialogue and capacity building, as this theme has also been a recurrent item on the work programme of the social partners. The second topic which has led to joint texts relates to the role of culture and cultural policy. In almost equal numbers, the following texts dwell on theatre technics, training and lifelong learning, mobility, the impact of the crisis and employment/health & safety.
During the enlargement processes leading to the accession of ten Eastern European countries in 2004 and of Bulgaria and Romania in 2007, the committee carried out several projects for facilitating the integration of employers and workers organisations from the EU accession and candidate countries into the work of the EU social dialogue committee on live performance. In 2010 and 2011 this was followed by a focus on capacity building of social partners in the countries of Southern Europe. Besides two surveys on social dialogue structures initiated by the social partners, a representativeness study conducted on behalf of the European Commission on the EU 15, the social partners also published a report on theatre technical training in the EU 1998-2008. In the experience of the social partners in the Live Performance Committee, many issues of common interest can usefully be addressed at European level, issues such as health and safety, training, mobility, or impact of the economic crisis. Substantial collaborative exchanges have resulted in joint letters, positions or statements which express concerns or underline issues of importance for the sector. This resulted in a total of 26 texts, including: joint statements, joint positions, joint letters, declarations following from conferences, conclusions from seminars, surveys and report, action plan, and guidance in relation to the implementation of the noise directive.
Since 1999, the European social partners have held 10 seminars and conferences and undertaken 9 projects. These are spread over the areas focusing on ‘strengthening capacities of social partners’ and theatre technics, including training and competence analysis. The European sectoral social partners (Pearle*, FIM, FIA, Euro-Mei) are also represented since 2008 in the European cultural platforms ‘Access to culture’ and ’potential of the cultural and creative industries’, set up by the DG Culture of the European Commission in implementation of the Communication on a European Agenda for Culture in a Globalizing World (COM(2007) 242).
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ANNEX 1: PRESENTATION OF EUROPEAN SOCIAL PARTNERS IN THE LIVE PERFORMANCE
EMPLOYERS PEARLE* - ‘Performing Arts Employers Associations League Europe’
Workers’ Representatives or trade-unions At European level, the workers are represented by the EAEA, the European Arts and Entertainment Alliance. The EAEA comprises EURO-MEI, FIM and FIA, and represents cultural and media workers at the international and regional level. The EAEA is recognised as the industry federation for media, entertainment and arts by the ETUC. The Media, Entertainment & Arts International (Technical Professions) EURO-MEI) is part of Union Network International (UNI), which represents over 140 trade unions with a total membership of 300 000 workers world. The European Federation of Artists and Actors (EuroFIA) represents trade unions in the EU (with the exception of Lithuania and Malta) as well as in EFTA countries. It is part of the International Federation of Artists and Actors (FIA) which represents more than 100 unions, guilds and associations, in more than 70 countries. The International Federation of Musicians (FIM) represents 24 member organisations in the EU, and 72 throughout the world.
Pearle* is the European sector federation of Performing Arts organisations. Pearle* represents through its 43 members associations more than 4,500 theatres, theatre production companies, orchestras and music ensembles, opera houses, ballet and dance companies, festivals, and other organisations within the performing arts sector across Europe. Pearle* is Founding member of CultureActionEurope Member of CUP (Copyright Users Platform) Registered as Civil Society Stakeholder with DG External Trade Member of the Culture Sector Platforms on ‘Access to Culture’ and on ‘Potential of cultural and creative industries’ set up by DG Culture Member of EEN (European Employers’ Network) facilitated by Businesseurope (the Confederation of European Business) Observer status with WIPO (World Intellectual Property Organisation) Registered as an employers’ organisation by ILO (International Labour Office) with observerstatus at the International Labour Conference;
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© Lauri Kulpsoo
ANNEX 2: OUTCOMES OF THE EUROPEAN SECTORAL SOCIAL DIALOGUE COMMITTEE ‘LIVE PERFORMANCE’
JOINT POSITIONS: Joint position on Green Paper on Labour Law 2007 Joint position on the expected Communication on Culture 2007
JOINT LETTERS: Joint letter regarding reduced budget and increase of VAT on tickets in the Netherlands 2011 Joint letter on visas for performers travelling to the USA 2007
DECLARATIONS:
REPORTS/SURVEYS: Report on social dialogue in the live performance sector in 12 countries of Southern Europe – 2010 (Jaap Jong/Richard Polacek) A report on theatre technical training in EU 19982008 (Academia Teatro alla Scala / TEAD) Survey on the situation of social dialogue in the live performance sector in the new Member States and in the EU accession and candidate countries 2004 (Richard Polacek)
JOINT STATEMENTS: Joint statement on Mobility information systems for artists and culture professionals 2011 Joint statement on the contribution of culture in the framework of the European year on combating poverty and social exclusion 2010 Joint statement on creativity, innovation and the role of the cultural sector 2009 Joint statement on the impact of the financial crisis in the live performance sector 2009 Joint statement on the Commission Proposal for a Directive providing for sanctions against employers of illegally staying third-country nationals 2007 Joint statement on the Communication from the Commission on a European Agenda for Culture in a globalising World 2007
Joint declaration on social dialogue in Southern Europe – February 2010 Bucharest Declaration: Strengthening social dialogue and reinforcing capacities of national social partner organisations in the newer Member States in the performing arts sector - September 2007 Sofia Declaration: Strengthening social dialogue and reinforcing capacities of national social partner organisations in the new Member States in the performing arts sector - June 2007 Joint declaration on the Unesco Convention on the protection and promotion of the diversity of cultural expressions in relation to the GATS-negotiations within the WTO 2005 Tallinn Declaration ‘Towards enlargement of the European social dialogue in the performing arts sector’ 2004 Joint declaration on life-long learning – Turku 2000
CONCLUSIONS: Conclusions seminar in Tallinn – social dialogue structures in the Baltic region – 2005 Conclusions seminar in Budapest – social dialogue structures in the region of central-Europe – 2006 Conclusions seminar in Krakow – social dialogue structures in Poland – 2006 Conclusions seminar in Sofia – strengthening social dialogue and reinforcing capacities of national social partner organisations in the performing arts – 2007 Conclusions seminar in Bucharest – strengthening social dialogue and reinforcing capacities of national social partner organisations in the performing arts – 2007
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ACTION PLAN: Action plan Theatre technical forum - 2009
GUIDANCE: Joint contribution to the chapter 8 on the ‘music and entertainment sectors’ of the non-binding voluntary guidance on the pracdtical implementation of the noise directive – 2006
EXTERNAL STUDIES: The collective negociation and its actors in the culture and media sectors in the EU 15 Member States: UCL 2004
JOINT PROJECTS: Analysis of the feasibility of creating European Sector skills councils on Employment and skills in the audiovisual and live performance sectors (20112012) Social dialogue in the performing arts sector in Southern Europe. Strengthening social dialogue and reinforcing capacities of national social partner organisations in the new Member States and the Candidate Countries – 2009-2010 LPT in EU: live performance technics 2007-2009 Pearle- Euro-Mei Training Forum 2008-2009 Strengthening social dialogue and reinforcing capacities of national social partner organisations in the new Member States in Bulg & Romania 20072008 Strengthening social dialogue and reinforcing capacities of national social partner organisations in the new member states 2005-2006 TTT: theatre technical training 2005-2007 Social dialogue in the performing arts in the New Member States, candidate countries and accession countries 2003- 2004 Innovative developments and good practice that is promoting and safeguarding employment in the live performing arts sector in seven EU countries –round tables– 2002 (Rod Fisher/John Faulkner)
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SEMINARS AND CONFERENCES: Training seminar in Madrid – March 2000 Conference on life long learning Turku – May 2000 Enlargement conference Tallinn – 16-18 April 2004 Seminar Tallinn- 28-30 October 2005 Seminar Budapest - 27-29 January 2006 Seminar Krakow – 10-12 March 2006 Seminar Sofia – June 2007 Seminar Bucharest – September 2007 Seminar Milan – March 2009 Conference Dubrovnik – February 2010
ANNEX 3: WORK PROGRAMME 2012-2013 OF THE EUROPEAN SECTORAL SOCIAL DIALOGUE COMMITTEE ‘LIVE PERFORMANCE’
THE MAIN THEMES ARE
1. Social dialogue and the role of the sectoral social partners Strengthening capacities of social partners in the Live Performance sector across the EU Role of social partners in the changing environment of the Live Performance 2. Health and safety Risk assessment Risk prevention Integration of OSH (occupational safety and health) in education and training 3. Training and skills Skills Councils project ESCO Taxonomy Career transition 4. Mobility of workers in the performing arts sector 5. Public funding Impact of the economic crisis on the sector European issues related to public funding 6. Follow-up of EU initiatives Including representativeness study
THE OUTCOMES EXPECTED ARE:
Strengthening social partner structures Exchange of practices in various domains Joint statements on issues of common interest Project results (social dialogue; skills council) Development OiRA tool for touring productions (occupational interactive risk assesment tool) Contribution to ESCO taxonomy (European skills, competences, occupations and qualifications taxonomy) Studies or research
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ANNEX 4: MEMBERS OF PEARLE* IN 2012
FULL MEMBERS Austria Wiener Bühnenverein Association of Theatres in Vienna Theatererhalterverband Österreichischer Bundesländer und Städte Association of regional and city theaters in Austria Belgium Belgische Schouwspelvereniging - BSV/ Association Belge du Spectacle – ABS Association of performing arts in Belgium Overleg Kunstenorganisaties – oKo Platform for arts organisations in Flanders Bulgaria BAROK Bulgarian Association of employers in Culture Czech Republic Asociace profesionálních divadel České republiky - APD ČR Association of the Professional theatres in the Czech Republic Asociace symfonických orchestrů a pěveckých sborůČeské republiky – ASOPS Association of the Czech Symphony Orchestras and Choirs Denmark Danske Teatres Faellesorganisation Danish Association of Theatres LandsdelsOrkesterForeningen Association of Danish Regional Symphony Orchestras Estonia Eesti Etendusasutuste Liit - EETEAL Estonian Theatre Association Finland Suomen Teatterit ry / Finlands Teatrar rf Association of Finnish Theatres Suomen Sinfoniaorkesterit - SUOSIO Association of Finnish Symphony Orchestras
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France Association française des Orchestres - AFO Association of French Orchestras Chambre Professionnelle des Directeurs d’Opéra CPDO French Chambre of Opera house directors Syndicat National des producteurs, diffuseurs et salles de spectacle – PRODISS National employers’ organisation for promoters, festivals and venues, in the field of popular music, musical and stand-up comedy Syndicat Professionnel des Producteurs, Festivals, Ensembles, Diffuseurs Indépendants de Musique – PROFEDIM Association of professionnel producers, festivals, ensembles, independent distributors of music Syndicat des Directeurs de Théâtres Privés – SDTP Association of French private theatres Syndicat National des Entrepreneurs de Spectacles – SNES National association of producers and promoters in the live performance Syndicat National des Scènes Publiques – SNSP National employers’ organisation of city theatre directors in France Syndicat National des Entreprises Artistiques et Culturelles - SYNDEAC National employers organisation of artistic and cultural enterprises in France Syndicat National des Orchestres et Théâtres Lyriques - SYNOLYR Assocation of French orchestras and lyric theatres Germany Deutscher Bühnenverein - Bundesverband der Theater und Orchester German Theatre and Orchestra Association Hungary Magyar Szimfonikus Zenekarok Szövetsége Association of Hungarian Orchestras Italy AGIS Associazione Generale di institute dello spectacolo Association of institutes in the performing arts Luxembourg Théâtre Fédératioun - Fédération Luxembourgoise des théâtres professionels FLTP Federation of professional theatres in Luxembourg Netherlands Nederlandse Associatie Podiumkunsten – NAPK Association for the performing arts in the Netherlands Vereniging van Schouwburg- en Concertgebouwdirecties – VSCD Association of Dutch Venues and Concert halls Directors
Norway Norsk Teater- og Orkesterforening – NTO Association of Norwegian Theatres and Orchestras Poland Zrzeszenic Filharmonii Polskich (ZFP) Society of Polish Philharmonics Slovakia Asociácia riaditel’ov profesioálnych orchestrov Slovenska Association of Slovak Professional Orchestra Directors Spain Federación Estatal de Asociaciones de Empresas Productoras de Teatro y Danza – FAETEDA State Federation of Associations of Theatre and Dance production enterprises Asociación Española de Orquestas Sinfónicas – AEOS Association of Spanish Symphony Orchestras Sweden Svensk Scenkonst Association of Swedish Theatres and Orchestras Switzerland Schweizerischer Bühnenverband-SBV/Union des Théâtres Suisses–UTS/Unione dei Teatri Svizzeri Association of theatres in Switzerland Union des Théâtres Romands – UTR Association of ‘Roman’ theatres in Switzerland United Kingdom The Society of London Theatre Theatrical Management Association - SOLT/TMA Association of British Orchestras - ABO Federation of Scottish Theatre - FST
ASSOCIATE MEMBERS Australia Live Performance Australia European networks Opera Europa ECA – European Circus Association EFA - European Festivals Association ETC-CTE - European Theatre Convention REMA - EEMN European Early Music Network
© Lauri Kulpsoo
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