Despite the Ministry of Social Affairss efforts to make the presumption of salaried status for artists more flexible, the CJEC considers that no matter what its force is, this presumption is an obstacle to the freedom to provide services. According to the Court, it would be better to set up a check afterwards and dissuasive sanctions to protect social rights. The solution is to be meditated in a context of liberalization of services. (Ref. 06622)
Current legislation. Article L.762-1 of the Labour code provides for a presumption of salaried status for jobbing show actors. This presumption applies to those artists who play under conditions which do not imply “requiring him or her to be registered as self-employed workers”. The European Commission was alerted by some artists who were self-employed workers in their country and who were forced to pay social security contributions in France. The Ministry of Social Affairs wrote a circular in
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