Laws and regulations governing the work of artists:

a) Employment and working conditions:
In Germany, no specific legal instruments governing employment and work conditions for artists exist. The EURES database provides an overview of general employment and work conditions in Germany.
Some of the general regulations can be of particular relevance for artists; such is the case e.g. with laws addressing the group of "quasi-employees" (Arbeitnehmerähnliche Personen) which are fre-quently found among freelance cultural and media workers, because they maintain recurrent or quasi-permanent contracts with a single company and could then find themselves, despite the absence of a fixed employment relationship, in a position of economic dependence. Laws addressing the group of "Arbeitnehmerähnliche Personen" are :

• Article 5 paragraph 1 ArbGG (Law on Labour Courts): disputes about contracts of such individuals fall under the system of labour courts;
• Article 12 a TVG (Collective Agreement Law): the fees and conditions of work can be regulated by collective agreements, contrary to competition laws;
• Article 2 BUrlG (Federal Vacation Law): economically dependent freelancers are enti-tled to 24 working days holiday pay.
  Further information at: http://www.gesetze-im-internet.de

In the most important cultural and media institutions such as public theatres, orchestras or broad-casting, branch organizations usually conclude collective agreements with labour unions, in the field of broadcasting also for freelance staff.
Special regulations concern private employment agencies.
With the necessary permit from the Federal Employment Agency, they can work within Germany, from and for EU and EEA Member States. Private placements involving countries outside the EU and EEA area are normally handled exclusively by the Central Placement Office (ZAV), but exceptions for artists and similar professionals are possible, if private agencies have acquired a special permit.

b) Social welfare (health insurance, occupational accidents, disability, unemployment and pensions):
While regularly employed artists in Germany are covered by the same social security system with regard to health care, pensions, occupational accidents and unemployment payments as other em-ployees. The same could not be said for those who work as self-employed or on a freelance basis. This situation prompted the Federal Parliament, in the early 1970s, to commission the Centre for Cultural Research (ZfKf) with a large-scale empirical survey among professional artists. Following publication of this "Künstler-Report" in 1975 and debates with professional organizations, the Federal Government developed a specific social insurance system for self-employed artists, the "Kün-stlersozialkasse" (KSK). The 1981 Artists’ Social Security Act (Künstler-Sozialversicherungsgesetz - KSVG) established the KSK with strong links to the public social security system in the fields of health insurance and pensions.
Further information: http://www.kuenstlersozialkasse.de


WORKING CONDITIONS

Work permit or “professional” status
Specific work permits for artistic professions and similar regulations do not exist in Germany. There are, however, general regulations: Foreign nationals other than European Union (EU), European Economic Area (EEA) and Swiss citizens can take up gainful employment only if they possess a compulsory residence permit. Australian, Canadian, Israeli, Japanese, South Korean, New Zea-land and US citizens may acquire this residence permit from the competent foreigners' authority after their arrival in Germany. Citizens of countries that acceded to the EU on 1 May 2004 can apply for an EU work permit from their local German employment office. Nationals of all other states must apply for a work visa from their local German mission prior to coming to Germany.

Health care system
The German health service is highly decentralized and not arts-specific. The 16 Länder share responsibility with the central government for the building and maintenance of health services such as hospitals, the majority of which are public or non-profit organizations. The state-regulated health insurance providers exert some control over running costs.
Until they reach the retirement age of 65 (soon 67), people must, by law, pay into health insurance plans (and, since 1994, an additional long-term care plan); contributions currently make up around 15% of an employee's gross income and are paid equally by the employee and the employer. The health insurance plans are either state-regulated or private.

Self-employed people are excluded from the state-regulated plans and must normally pay 100% of the contributions to private insurance companies. However, artists and journalists covered by the KSK are entitled to a reduction of 50%.

Administrative inspections
Different types of inspections cover a wide range of issues, starting from machine safety, maintenance and environmental control; over work conditions of disabled persons and work or residency permits of foreign staff; to contributions and benefits of social welfare.

If legal obligations are not met, this can result in fines and, in worst cases scenarios, in the closure of an establishment. However, such control mechanisms are again not arts-specific, except as regards obligations of contractors towards artists' social insurance in the KSK.


SOCIAL WELFARE 
 
Insurance schemes
The above mentioned 1981 Artists’ Social Security Act (Künstler-Sozialversicherungsgesetz - KSVG) provides health insurance, old age pensions and nursing care for self-employed artists and writers, but does not provide access to unemployment benefits. Contributions towards the KSK amount to ca. 35% of the taxable income derived from artistic activities. Contrary to the regular social insurance, there is no income threshold. In principle, the contributions are shared between the individual artist (50%), the Federal Government (20%) and enterprises regularly using artists' works and services (30%).

Such enterprises include publishers, press, photo and PR agencies, theatres, orchestras, choirs, event managers, broadcasters, AV and music producers, museums, galleries, cir-cuses, artists' training institutions, etc. Their contribution is assessed annually by the KSK, which results in the collection of lump sum payments on all fees paid to artists (currently this share is around 5%). Membership in the KSK is obligatory for all self-employed professional artists, while the employed artists fall under the general social insurance schemes, which are also compulsory. In January 2008, 160,000 cultural workers were insured by the KSK, of which 36% were visual artists/designers, 27% musicians or composers, 25% authors, translators and freelance journalists, and 12% actors, directors and other performing artists.

To be accepted into the KSK, artists have to prove:
a) that they are self-employed and
b) that they earn a minimum income of € 3,900 per year from their artistic work.
Professional newcomers, e.g. graduates from arts colleges, are exempt from the minimum income rule for a period of three years, but have to prove their freelance status.

If an artist conducts both freelance and employed activities at the same time, the primary source of income will be asserted. In this case, the KSK will receive social security contributions for the free-lance activity and the employer is responsible for the contributions to the general insurance system, but only regarding the pension insurance. Nursing as well as sickness insurance depend on the pri-mary source of income only. Among the exceptions regarding this regulation are additional mar-ginal employment phases with earnings below € 400 ("geringfügige Beschäftigung") on top of self-employed artistic work.

Complementary insurance schemes
Complementary insurance schemes exist for some professions (e.g. journalists, performers and musicians working in public theatres and orchestras); as a rule, these schemes are compulsory. Some institutions such as public broadcasting systems and copyright licensing societies also run special social support plans for independent artists and authors; the latter are normally not "obliged" to join these programmes, but could surely benefit from them.

Administration of contributions
Except for the schemes mentioned above, Germany's social insurance system is administered by the State.
For example, the KSK is a department of the social insurance system for employees.


REMUNERATION

The minimum level of payment
Minimum wages have long been a political issue in Germany and were indeed introduced for a few technical service occupations. However, there are no general minimum standards, particularly not in the arts and media, except those settled in collective agreements. Normally, employees are being paid monthly and self-employed per service.

There is no system for payment through a professional organization in Germany, except as regards (complementary) allocations from licensing societies for copyright and neighbouring rights.


UNEMPLOYMENT

Unemployment insurance scheme
A special unemployment insurance scheme for artists does not exist in Germany. However, there are debates about additional improvements for (arts and media) workers that are hired for temporary or short-term jobs and thus have problems meeting the regular occupational standards of the state unemployment scheme.

Source: German Federal Foreign Office, 2008.
www.auswaertiges-amt.de


Standard-setting instruments:

• Performers' Social Insurance Act
  Act respecting the social insurance of self-employed performers and writers. Numerous amendments, inter alia, to the Federal Insurance Code (LS 1980-Ger.F.R. 1 (consolidation)) and the Salaried Employees' Insurance Act (LS 1924-Ger.6 ...1972-Ger.F.R.2). (Bundesgesetzblatt, 01.08.1981)
  
  
• Act of 20 December 1988 amending the Act on social insurance for artists. 
  Date of entry into force: 01.01.1989.
  Amends, in s. 1, the Act of 27 July 1981 (BGBl. Part I, p. 705), as last amended by the Act of 18 Dec. 1987 (BGBl., Part I, p. 2794), in regard to coverage of persons, exemptions, required notification and contribution levels. In s. 2, makes conforming amendments to s. 1 of the Health Amendment Act (Social Code, Book V, 20 Dec. 1988, BGBl., Part I, p. 2477); s. 4 repeals s. 11 of that Act; and s. 3 of the present Act makes minor amendments in the Act on insurance for salaried employees. (Bundesgesetzblatt, Part I, 30.12.1988, n° 63, pp.2606-2614)
  
  
• Act of 18 December 1987 on adequate financing of social insurance for artists.
  Amends the Act of 27 July 1981 on social insurance for artists (BGBl. I.S. 705), as last amended by the Act of 20 Dec. 1985 (BGBl. I.S. 2474), especially with regard to the responsibility for making contributions. Transfers the administration of the artists' social insurance fund to another entity. Also adds a subsection to s. 126 of the Act on employees' insurance (as last amended by the Act of 14 Dec. 1987 (BGBl. I.S. 2602).(Bundesgesetzblatt, 24.12.1987, Part I, n° 60, pp. 2794-2797)
  
  
• Ordinance on Social Security Contributions for Artists(21.09.1995)
  Date of entry into force: 27.09.1995
  Sets contribution rates for performing artists, painters and musicians. (Bundesgesetzblatt, Part I, 26.09.1995, n° 49, p. 1163)

Useful links:

• Deutsche Rentenversicherung: website
• German Federal Foreign Office: website