HIGHLY MOBILE

WORKERS
dr. Marco Rocca (CNRS – Université de Strasbourg)
 MENU
A HIGHLY MOBILE SECTOR (JUST NOT THE
ONE YOU ARE THINKING ABOUT)

o The live performance sector

o Tensions
o Perspectives

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 LIVE PERFORMANCE
POSTCARDS OF POSTING TO FRANCE

3000 Postings
Data from French Direction Générale du Travail
(2017)

1 Day Average duration of posting (2013, regional data)

3.6 Workers Average number of workers per declaration (2017)

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TOURING
o Extremely high level of mobility
o Short duration
o Hiring for posting
o Multiple countries
o Country of residence ≠ Home country

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 TENSIONS

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 TENSIONS
See PEARLE* ‘Call to the EU to address disproportionate
administrative burdens and legal gaps in context of
posting of workers’ (June 2019)

Potentially large operations

Hiring for posting, very Documentation (e.g. orchestra), different
Mobility
short stays statuses, no single workplace

Multi- Multiple countries, no Access to Often SMEs or natural

activity strong link, no prior information persons, no HR department,
affiliation language barriers

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MOBILITY
o Hiring for posting vs State where
he/she normally works
o No automatic exception for posting of
very short duration in the PWD (save
for initial assembly)
o Request for lighter administrative
regime
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MULTI-ACTIVITY
o 1-month prior affiliation to social
security (A2 decision of Administrative
Commission)
o Multiple declarations for touring
o Problem if no substantial activity (25%)
in the state of residence
 also, “attraction” of country of
employed activity
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DOCUMENTATION
o Request for reduced time-lapse for
deliverance of A1 document
o Reducing the amount of documents to
be kept physically available
 sometimes difficult to identify
workplace or operations base in host
state

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ACCESS TO
INFORMATION

o Request for improvement in

information provided by national
websites…
o … and translation, at least in English

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 PERSPECTIVES

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 PERSPECTIVES

NO PARADISE LOST TRANSPARENCY

o There are no “good old days” to go back
to
 Cross-border employment
relationship always a complex matter
o After the Reform: lack of information on
national website shall be taken into account in
determining penalties
 Many websites are not really ready: watch
for the Court
o Role of ELA

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 PERSPECTIVES

SECTORAL APPROACH EMPLOYMENT STATUS

o Reopening the PWD seems … unlikely o Frequent use of self-employed in the sector
o Exception for sectors not based on price  keep an eye on the qualification of the
competition (such as live performance) employment relation
might make sense but sectoral approach
abandoned by the Reform
 EU Legislator “burned” by past
loopholes

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 PERSPECTIVES

EPPUR SI MUOVE ANOTHER REVISION

o Ex. France : lighter regime for certain o Revision of social security regulations
activities (including live performance up to Provisional agreement : 3 months of prior
90 days / year) introduced in 2018 / 2019 affiliation
• No prior declaration
• No representative in France
• 15 days to provide documentation if
requested

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THANK YOU!
Marco Rocca
CNRS – Université de Strasbourg
(UMR 7354 DRES)
Email:
mrocca@unistra.fr
Website:
marcorocca.wordpress.com
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