Approval of the Artists Statute

The Council of Ministers has approved the royal decree that regulates the special employment relationship of artists. The text, known as the Statute of the Artist, updates the regulations in force since 1985 and constitutes “the great labor reform of the working people of culture,” in the words of the second vice president of the Government and Minister of Labor and Social Economy, Yolanda Díaz. This sector, he pointed out, encompasses 771,000 people in Spain, 3.6% of all employment.

The vice president has highlighted that the royal decree modernizes the concept of “public show” that the 1985 rule included to incorporate current realities such as digital channels or live or continuous transmission over the Internet. In addition, it includes the entire chain of professionalization of culture, since it encompasses both those who develop their activity in the performing, audiovisual and musical arts and those who carry out technical or auxiliary activities necessary for that work. It also regulates dismissal with compensation and unemployment benefits for these workers.

Yolanda Díaz has also highlighted the dialogue held with employers, unions and 80 cultural entities for the elaboration of the rule, which includes a mandate approved unanimously in a subcommittee of the Congress of Deputies.

Regulation of child labor and protection against harassment

For the first time, as explained by the vice president, children’s artistic work is regulated in Spain exhaustively and under the principle of child guardianship. It is about avoiding “child exploitation” in areas such as advertising on social networks or cinema or television. In addition, the text establishes a harmonized administrative authorization for all of Spain and eliminates the self-employment of children under 16 years of age: the only allowed regime will be the labor regime. Minors must have a plan to adapt the activity to their circumstances and their studies.

A second pillar of the royal decree is the adequacy of the fight against sexual harassment to the intermittent and the short duration of the employment relationship in the cultural sphere. Likewise, in response to the demand of the sector, the work of a person specialized in mediation for the realization of scenes or performances of an intimate nature will be mandatory.

Regarding the regulation of the day, the text adjusts the work of culture to common labor law and considers as effective work all the time subject to the direction of the company, such as essays or the promotion of a work. “This is now working time and has to be accounted for for all purposes, salary, contribution, taxation,” said Yolanda Díaz.

The text also advances in the transparency of remuneration in terms of intellectual property rights, among other innovations that configure “an appropriate rule to the 21st century,” according to the Minister of Labor and Social Economy.

Further information will be provided once the Royal Decree is published in the State Bulletin.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.