New entertainment welfare approved. For Franceschini it is historic, but there are criticisms

The government has approved a new decree, the "Supports Decree bis, " which introduces a series of new protections for entertainment workers. For the minister of culture, Dario Franceschini, this is a “new welfare” capable of ensuring welfare and social security protections hitherto not provided, which go to intervene in difficult situations that, following the Covid-19 pandemic, are no longer sustainable. The measures approved yesterday were created so that they take into account the discontinuity typical of the performing arts sector (and this is because of the habitual nature of the benefits, not because of employer or worker choices). However, according to the Ministry of Culture, this discontinuity had never until now been recognized by Italian law as a distinctive element of work performance in the performing arts.

As a result, until now thousands of entertainment workers precisely because of the nature of their work have been unable to access constitutionally guaranteed rights, from sick pay to maternity benefits to pension benefits. The new welfare was created with the aim of recognizing for entertainment workers the protections that exist for other types of professionals, in order to ensure better conditions of equity and social dignity, encourage the development of full recognition of the sector’s work and contribute to themersion of undeclared work.

The measures introduced with the Supports bis Decree apply to those enrolled in the Performing Arts Workers’ Pension Fund (FPLS), which will be updated within 120 days of the measure’s entry into force (in fact, the last adjustment was in 2005).

The Teatro Regio di Parma

The measures in detail

The decree recognizes forms of protection and support for parenthood calibrated to the discontinuous nature of work in the entertainment sector. In particular, the system for calculating the allowances provided in this regard is modified, parameterizing their daily amount to the income received in the 12 months preceding the indemnifiable period, rather than in the last four weeks. In fact, precisely because of the discontinuous nature of the services provided by entertainment workers, it is not uncommon that in the month preceding the month in which the leave began there are no days worked, or at least paid, that are useful for calculation purposes.

Sick leave is then extended: in order to access the economic allowance, in fact, it is now required to possess, no longer 100 but 40 daily contributions paid to the Performing Arts Workers’ Pension Fund since January 1 of the year preceding the onset of the illness. Still, the new measures provide for the raising of the maximum daily reference wage for the calculation of National Health Service benefits, contributions and benefits for economic sickness and maternity benefits (it is raised from the current 67.14 euros to 100 euros).

New regulations then concern insurance. Under the new measures, in fact, workers enrolled in the FPLS are automatically insured with lINAIL against occupational accidents and diseases. The premium rates for the insurance are those of the Industry, Handicraft, Tertiary and Other activities managements. Lyric Symphony Foundations are obliged to insure orchestral personnel, including those working in the so-called mystic gulf (the orchestra pit). Lammontare of the insurance premium will be defined by decree of the Ministry of Labor and Social Policy in consultation with the Ministry of Economy and Finance.

The system of pension contributions has also been revised. The interventions introduce several corrective measures to ensure that professionals in the entertainment industry accrue the number of years of contributions required for pension eligibility. In particular, for workers who perform on a temporary basis, artistic or technical activity, related to the production and production of shows, the daily contributions required to reach the annuality of contribution are reduced from 120 to 90. For film and audiovisual actors, who perform services characterized by structural discontinuity, accruing a relatively low number of days, it is provided that each day of contributions paid to the Fund determines the crediting of an additional day, up to the required 90 daily annual contributions. Again, the decree introduced a measure to ensure the accrual of annual contributions in favor of those workers who, despite reaching a certain income ceiling, fail to accrue the required number of daily contributions. It is also provided that contributions to the Fund will also be made for services rendered with reference to paid teaching, training and promotional nature of shows. And there is also the possibility of proceeding with the reunification of contributions accrued with other managements.

The main new feature introduced by welfare for the performing arts, however, is ALAS (Assicurazione dei Lavoratori Autonomi dello Spettacolo), the insurance for involuntary unemployment for self-employed workers in the performing arts, introduced effective January 1, 2022. Workers will be eligible for the indemnity if they do not have ongoing self-employment or employment relationships, do not hold direct pension benefits from mandatory social security schemes, are not beneficiaries of citizenship income, have accrued in the last year prior to applying for unemployment at least fifteen days of contributions, and have an income for the previous year not exceeding 35,000 euros. Lindennità will be paid monthly for a number of days equal to half the number of days of contribution to the Performing Arts Workers’ Pension Fund in the period from January 1 of the year preceding the termination of the last self-employment relationship. In any case, the allowance may not exceed a maximum duration of six months.

The Bauli demonstration in the Piazza in Milan last October

The statements

“Today’s,” says Culture Minister Dario Franceschini, “is a historic day for the entertainment sector. With Labor Minister Orlando we have brought to the Council of Ministers a package of significant measures to ensure adequate welfare and social security protections for entertainment workers and correct the many distortions that have emerged in recent years and have become unsustainable, especially after the pandemic. These are long-awaited regulations, the result of careful listening to the categories, which incorporate many of the measures already under discussion in parliament, the results of the Chamber’s fact-finding survey and the proposals presented by the trade unions, the various associations and which have seen the engagement of a special technical working group that I thank for the important work done. The new welfare system will be completed with the approval of the connected bill on entertainment, which is already ready for a forthcoming Council of Ministers to reorder the entire sector and introduce new additional support measures and the register of actors and entertainment professionals.”

“We are finally giving concrete answers and due support to entertainment workers,” says Undersecretary for Culture Lucia Borgonzoni. “The reform intervenes in the regulation of work within the performing arts sector to remedy weaknesses in the system of protection and welfare for workers, whose activity is often characterized by discontinuity and therefore a lack of social security protection and assistance in case of unemployment. The pandemic crisis has only exacerbated an atavistic problem in the sector, which will now begin to have resolution. The measure, which is a synthesis of absorbed bills under consideration in the Senate, including mine, and the House’s fact-finding investigation, introduces a monthly allowance for the unemployed with at least 15 contributory days in the previous year and income not exceeding 35,000 euros. In addition, in order to accrue the lannuality of contributions necessary for the pension of temporary entertainment workers, as of July 1, 2021, contributions are reduced from 120 to 90 days. Entertainment workers are also entitled to sick leave for each of the days covered by appropriate certification and are insured against occupational accidents. For male and female workers in the entertainment industry, who are also enrolled in the Pension Fund, protections are also guaranteed for employment and self-employment relationships. I am very satisfied because at last entertainment workers, like everyone else, will also have their rights and protections recognized.”

Culture Minister Dario Franceschini

Comments and reactions

The new welfare is a “half-hearted reform” according to Roberto Ciccarelli of the Manifesto. “In recent months the government,” he writes, “had been asked for a ’continuity income’ to support intermittent activity. Instead, instead there will be a new insurance against involuntary unemployment, another social shock absorber called ”Alas,“ which will be added to the jungle of existing ones and will last a maximum of six months. The number of days required for contribution year recognition still remains high: 90 days, while theInps itself has recommended raising it to 60. Access to the sickness benefit requires the possession no longer of 100, but of 40 daily contributions paid to the Performing Arts Workers’ Pension Fund. The measure maintains the insurance logic, and not universalistic. There seems to be no trace of the demands on notional contribution in 2020 and 2021 and the rules to disincentivize the use of term contracts and fake self-employment. Planned are protections for parenthood, the updating of the list of those insured in the Entertainment Pension Fund. Workers enrolled in this fund will be automatically insured byInail. It remains to be understood what will happen to those who are forced to operate in a gray area.”

“The importance of these measures,” writes Anna Bandettini in Repubblica, “is that they recognize the discontinuity of work in the Performing Arts but adapt vare protections to intermittency. To give an example, for sick leave, one is required to have, no longer 100, but 40 daily contributions paid into the Performing Arts Workers’ Pension Fund since January 1 of the year prior to the onset of the illness. Among the most notable measures is Insurance against Occupational Injuries and Diseases. In fact, as of January 1, 2022,lALAS, unemployment insurance for self-employed entertainment workers who are not beneficiaries of the citizenship income, have accrued in the last year prior to the application for unemployment at least fifteen days of contributions, have an income related to the previous year not exceeding 35,000 euros,” comes into being.

Also half-satisfied is the Bauli in the Square movement: “A small but important step seems to be taken,” the collective declares. “We will see in detail the regulations, but it is an achievement that the movements and associations of entertainment and event workers have been waiting for a long time, and over the past year they have strongly wanted. This can only be the beginning.” Indeed, the movement makes it known that the measures are “partial” and will be the subject of a “specific critical analysis” in the coming days.

Unsatisfied, however, is the network Professionals Entertainment and Culture - Continuous Emergency. “Completely disregarded the expectations of performing arts workers,” they write. “The decree law approved today in the Council of Ministers completely lacks an overall vision aimed at supporting rights and Income. Insufficient and poorly courageous measures that barely shift the already unbearable level of dignity and protections in the performing arts sector. We do not need Indian reservations, but rights and income for all and sundry. Many issues we find: Continuity income disappears completely and instead there is a measure in favor of the self-employed, a new insurance against involuntary unemployment with a maximum duration of 6 months; There is no trace of the white annuities requested by male and female workers; The number of days required for the accrual of the contribution year remains high: it has only been lowered by 1/3, when even INPS has recommended raising the threshold to 60. Access to sickness is still tied to an insurance rationale, and there is no trace of measures to hinder the constant abuse of fixed-term contracts and fake self-employment. It is clear that this government does not have the courage to build the necessary change for our sector: we have only to relaunch a strong mobilization on the territories and in Rome, to build it ourselves.”

On the contrary, Giulio Rapetti, aka Mogol, president of the SIAE, thinks the opposite. “Finally, even entertainment workers have adequate welfare and social security protections thanks to the commitment of the Minister of Culture Dario Franceschini and the Minister of Labor Andrea Orlando,” he let it be known through the agencies. It is right that those who work in the performing arts have the same forms of protection as those who work in other sectors because these are rights guaranteed by our Constitution: from sick pay to maternity benefits, from accident insurance to pension benefits. All this is even more important and necessary in the difficult and now long period we are living through because of the pandemic that has dramatically affected entertainment workers."

New entertainment welfare approved. For Franceschini it is historic, but there are criticisms

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