- Worker or civil servant status
The artist can conclude an ordinary employment contract. It can be an open-ended, fixed-term employment contract for a clearly defined job or a replacement contract.
More particularly, an employment contract for the performance of temporary work can be concluded for certain artistic services but only under certain conditions:
• The employment contract must be drawn up in writing at the latest when the worker commences work, mention the reason for the engagement and, if applicable, the contract must indicate the duration of the contract.
• The artistic performances are produced on behalf of an occasional employer or an occasional user and against payment of remuneration.
The employer or occasional user is one who does not have as main activity the organization of cultural events or the marketing of artistic services or that does not employ other staff for which he is subject to social security of workers.
- Freelance status a) Artist Card
The Artist card is reserved for the artist who provides artistic services on a small scale, namely:
• He cannot receive more than € 2,578.51 (2019) per calendar year and € 128.93 (2019) per day / per client;
• He cannot work more than 30 days per calendar year and more than 7 consecutive days with the same principal;
• It is not linked to an employment contract with the same principal for activities of a similar nature.
This card is compulsory if the artist wants to make use of the small compensation scheme and avoid administrative hassles. Thus, his benefits should not be declared to social security and no contribution is due on the indemnities. Likewise, the principal must not make a Dimona declaration.
The Artist card does not, however, allow the artist to benefit from social security rights.
b) Artist Visa
The Artist visa is intended for people who are not bound by an employment contract but who provide, in conditions similar to an employment contract, artistic services, against remuneration and on behalf of a client .
Obtaining a visa is essential for an artist who would like to be subject to social security for salaried workers and thus benefit from the rights in this area (eg unemployment, mutual insurance, pension)
c) Declaration of independent activity
The declaration of independent activity is possible for the artist when the latter is not engaged within the framework of an employment contract or under statute and there is then no link of subordination between the artist and his / her principal (s).
As a self-employed person, the artist is obliged to join a social insurance fund for the self-employed.
The main objective of the declaration of independent activity is to allow the artist to obtain legal certainty as to his status, which will not be contested subsequently, except in the event of fraud or omission. It guarantees him for a maximum period of 2 years that he has the quality of self-employed for the work provided.
- Undeclared work
Undeclared work or undeclared work consists of social fraud, the risks of which are not negligible for artists since they cannot benefit from any social protection (in particular with regard to work accidents, illness or pension) and generally work without respecting legal working conditions.
Artists with a full-time or part-time main activity and performing undeclared additional services are also liable to a fine.
An unemployed artist is not liable to a fine, but may be ordered to reimburse his social benefits or be temporarily or definitively excluded from unemployment.
In general, any allowance unduly received by the artist must be reimbursed.