Recruitment of interns

Decree n°2015-1359 in the Official Journal, dated 28th October 2015, determines the maximum number of interns that an organisation can have at any one time.

Read the decree

LABOUR LAWS

There are a number of obligations, associated with social, fiscal safety standards, imposed upon live entertainment organisers, operating a venue prepared for public performances, show producers, tour organisers or show presenters, technical subcontractors for live entertainment*.


Before recruiting your first employee:

  • You must register your company with URSSAF
  • You must have a live entertainment organiser licence, as it is a regulated profession (find out more here).

 

Prior to the start of the show, you must do the following things:

  • A declaration prior to hiring employees (form n°4)
  • An application for an object number (form n°7C)
  • Draft a contract of employment (forms n° 5A, 5B, 5C, 5D, 5E)
  • Verify that the employee has a medical certificate less than two years old, issued, during the periodical examination, by the occupational health department (form n°10).
     

During the implementation of the contract of employment, you must:

  • Respect legal and regulatory provisions or those stipulated by the collective agreements that may apply particularly relating to the length and the terms of the working period (services, breaks, etc.) and the terms of remuneration (minimum wages, bonuses, payment for rehearsals, etc.) (collective agreements form n° 3).
  • Respect safety standards applicable to employees (cf. form n° 9)

 
If the main activity of your company is not performance, Guso enables you to complete, on one single form, all of your obligations related to recruiting and employing live entertainment artists and technicians (see form n° 2 Guso). Prior to the start of each occasional show, you are responsible for declaring it to the DRAC (find out more here).

Furthermore, you must:

  • Register the employee on the payroll that must include a certain number of mandatory details such as, in particular, the name, the employee’s start and end date (form n°4).
  • Establish a payslip and pay your employees as agreed (forms n° 6A and 6B).
  • You must pay social security contributions to the social welfare agencies: Pôle emploi, URSSAF, Congés-Spectacles, AUDIENS, AFDAS, CMB as well as to the FNAS if your organisation falls within the scope of the collective agreements for artistic and cultural companies or CASC for private live entertainment companies, and any other organisation created by collective agreements (forms n° 7A, 7B, 7C, 7D, 7E, 7F, 7G).
  • Issue a certificate of employment to the employee when their contract expires, quoting the start and end date, the nature of his/her employment (form n° 5A).

Good to know:

  • If you plan to employ children, it is subject to specific regulation (form n°11).
  • If you plan to recruit foreign employees, legislation includes special provisions for their employment (form n°12).
  • If you plan to enter into a contract equal to or in excess of €3,000 as part of service provision or to perform a job, you must ensure that your contractual partner fulfils their social obligations (form n°13).
  • If you plan to subcontract, it is your responsibility to respect a certain number of clauses so that you do not find yourself in an illegal situation (form n°14).
  • If you are based abroad and are considering posting employees in France, you must carry out procedures particular with labour inspection and the Préfecture de Police (form n°15 and appendices 1 and 2).

*Live entertainment technical service providers must be certified ‘Live entertainment technical service providers’ to be in a position to appeal to the CDDU and so that those employed with a customary fixed-term contact (CDDU) will be compensated under appendix 8 of the unemployment insurance.

COLLECTIVE AGREEMENTS

Definition
 

A collective agreement is a signed agreement between an employer or an Employers’ Alliance and one or several trade unions representing employees.
For a sector it sets, among other things, qualifications, minimum wages, reimbursement of expenses (transport, accommodation, etc.).
It usually includes a basic text, often supplemented by amendments, agreements and appendices.

A collective accord only focuses on certain themes: vocational training, wages, professional equality, etc.

Each convention or accord clearly indicates its scope:

  • Geographical basis: national, regional, departmental,
  • Professional basis (inter-professional, branch, company).

Employers who join a trade union party to the agreement or accord are required to apply it. Those who are not members of a trade union can decide to apply it voluntarily.

If the collective agreement or accord is the subject of a ministerial ruling under an agreement, it applies to all employees whose work falls within its professional and geographical scope.

The provisions of a collective agreement apply to the extent that they are equivalent or more favourable than the corresponding provisions of the labour legislation.

However, a branch agreement or a professional or inter-professional accord can include stipulations less favourable to employees (notably in terms of working time and overtime quota) than those applicable to them under an agreement or an accord covering a broader geographical or professional scope, except if this agreement or this accord expressly states that there can be no exception, in full or in part, except for minimum wages, classification, collective guarantees of additional social protection and mutualisation of vocational training funds.

When a collective agreement is applicable, a copy must be kept available for employees in the company.


Collective agreements that apply to performing arts
 

  • The National Collective Agreement for Artistic and Cultural Companies (CCNEAC) of the so-called branch of subsidised live entertainment dated 1st January 1984 (extended by decree 4th January 1994). Consult the text
  • The national collective agreement of companies in the private sector of live entertainment (CCNESPSV) was signed on 3rd February 2012 (extended by decree 29th May 2013). It applies to all companies in the private sector of live entertainment- Consult the text
    • Operators of live entertainment venues converted for public performances,
    • and/or producers of live entertainment or tour organisers,
    • and/or presenters of live entertainment such as defined by the law.
  • The collective agreement for technical companies at the service of creation and events signed on 21st February 2008 (extended by decree 21st October 2008). Consult the text

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