SOCIAL SECURITY AND MOBILITY IN THE LIVE PERFORMANCE SECTOR

1. SOCIAL SECURITY AND MOBILITY IN THE LIVE PERFORMANCE SECTOR Dr Simon Roberts Brussels, 10th of November 2009

2. What is trESS? • Training and Reporting on European Social Security • 3 year project (2008-2010) financed by the EC DG EMPL and implemented by Ghent University in collaboration with independent experts in the 27 Member States • Training-Networking-Information sharing-Reporting-Analysis of coordination of social security schemes in EU

3. My Questions • Are ‘one-stop shops’ dealing with all regulatory aspects (social security, taxation, visas) for mobile performing arts professionals realistic?   • How can we address shortcomings in the social security rules?  • How can we improve the monitoring of the correct application of legislation for highly mobile sectors such as the performing arts? • Are the mobility patterns in the performing arts understood by policy makers in Europe and at national and local level? • What needs to be done to bring about better understanding of what happens ‘behind the stage’?

4. Community Competence • Are "one-stop shops" dealing with all regulatory aspects (social security, taxation, visas) for mobile performing arts professionals realistic? • EC coordination rules apply to social security • They do not apply to taxes and fiscal deductions • Member States have autonomy in taxation • Rules of conflicts of law in respect of taxes are governed by bilateral agreements between Member States • Most Member States have different ministries/departments responsible for tax, social security and visas

5. Community Competence for Social Security • Community competence in social security limited to coordination only • No harmonisation of systems • Coordination adjusts social security systems in relation to each other to protect the entitlements of migrants while leaving the national schemes in tact in other respects (Pennings, 2003) • Thus how Member States organise and administer their social security schemes is (largely) a matter for them • Therefore route would need to be found to encourage Member States to reorganise their administrations

6. Principles of coordination • How can we address shortcomings in the social security rules? • Discrimination on grounds of nationality is prohibited • Rules are laid down to determine which member country’s legislation the person is subject to • Rights in the course of acquisition are protected through aggregation of periods of insurance and/or residence spent in each of the respective countries; and • Rights already acquired are protected by allowing certain benefits to be exported

7. Applicable legislation in Regulation 883/2004 • Principle that only one legislation is applicable strengthened • Principle of Lex loci laboris maintained • Economically active people subject to the legislation of Member State of work • Specific arrangements for more complex situations e.g. person who normally pursues activities as an employed person in 2 or more Member States • People who are no longer working are subject to legislation of Member State of residence • Healthcare - distinction between applicable and applied legislation designed in interests of workers – provided in State of residence at expense of competent institution • More complex arrangements for healthcare for pensioners

8. Problem • Frequent mobility results in very short insurance careers in different Member States • Is this compatible with principle of free movement?

9. Take the specificity of some categories of workers into account • But, which groups? Artists (but also researchers, air crew, intra-group mobility?) • Same patterns of mobility and needs or different? • Special rules against process of modernisation

10. Posting • Posting allows a worker temporarily sent to another Member State to remain affiliated to the social security scheme of the Member State of habitual work • Extended to 2 years under Regulation 883/2004 • Posting can be particularly useful for highly mobile workers, who can remain under the authority of the same employer and under a single national legislation, despite international mobility • Article 17 of Regulation 1408/71 (Article 16 of Regulation 883/2004) states that ‘two or more States…may by common agreement provide for exceptions to the provisions of Articles 13 to 16 in the interest of certain categories of persons or a certain person’

11. Promote posting and Article 17 agreements • Promote and facilitate posting and explore potential of Article 17 agreements • Recommendation of the Administrative Commission for Social Security for Migrant Workers n° 16 of 12 December 1984 encouraged the EU member States to conclude agreements pursuant to Article 17 of Regulation 1408/71 applicable to employed persons who own ‘special knowledge and skills’ (obviously performing artists fit with that definition) • It seems that there are no structured and comparable data available among EU Member States on the application of Article 17 and this Recommendation

12. The principle of good administration • How can we improve the monitoring of the correct application of legislation for highly mobile sectors such as the performing arts? • The effectiveness of policies in part determined by how they are implemented • Large proportion of problems for highly mobile workers are procedural and administrative • Delays and problems of data exchange • Solutions might at least in part be found in administrative improvements and adjustments • Better knowledge of regulations among national administrations • Further improvements in cooperation • More efficient exchange of information • Improvement of information to workers and employers at EU and national level

13. Closer and more effective cooperation • The new Implementing Regulation 987/2009 demonstrates the intent of the Council, the European Commission and Parliament to improve service delivery to customers of coordinated benefits throughout the European Union • Recital 2 of the Preamble to Regulation 987/2009 states that closer and more effective cooperation between social security institutions is a key factor in allowing the persons covered by Regulation (EC) No 883/2004 to access their rights as quickly as possible and under optimum conditions • Recital 6 states that certain procedures should be strengthened to ensure greater legal certainty and transparency: “For example, setting common deadlines for fulfilling certain obligations or completing certain administrative tasks should assist in clarifying and structuring relations between insured persons and institutions.”

14. Quality of service and transparency • Article 89(1) of Regulation 987/2009 establishes Community competence to monitor the quality of service provided to customers of coordinated benefits • Article 89(1,3) provides for transparency, tasking the Administrative Commission with ensuring that the parties concerned are aware of their rights and the administrative formalities required in order to assert them

15. Electronic Exchange of Social Security Information (EESSI) • The scopeto meet the requirements introduced by Article 89(1) is greatly enhanced by the forthcoming introduction of Electronic Exchange of Social Security Information (EESSI) in response to Article 4(2) of the Implementing Regulation • A single electronic ‘E101’ of general validity for a year

16. Role for trESS Are the particular mobility patterns in the performing arts understood by policy makers in Europe and at national/local level? What needs to be done to make better understand what happens “behind the stage”? increase the knowledge base on the coordination regulations build strong networks rooted at national level encompassing social security administrations and institutions, social partners, NGOs, judges, lawyers, and other experts confronted with implementation problems report to the EC on application problems and challenges at operational level in the Member States as well as on trends and perspectives regarding social security for migrant workers analyse where the coordination rules need to be adapted in order to meet the goal of facilitating the free movement of persons

17. Training and Networking Target groups public administrations and social security administrations social partners NGOs judges and lawyers independent experts confronted with problems of implementation Activities: One-day training seminars in each of the 27 Member States Seminar information (calendar, PPT presentations) on the website E-learning module Contact database (1356 members end 2008) – join by submitting a request via the website Quarterly E-newsletters 2- 292

18. Cooperation between trESS and Administrative Commission • Role of Administrative Commission is strengthened under new Regulations • Tasked with being more proactive • Collaborate with trESS to disseminate good practice in administration • Start with arrangements for frequently mobile workers • Undertake survey of mobility patterns