Ljubljana, March 27th, 2017
Some data about Slovenia
Inhabitants: 2,06 million
Active Population: 916.162 index 99,7
Active Working Population: 797.997 index 100,5
Employed Persons: 711.313 index 101,5
Self-employed Persons: 86.684 index 92,9
Registered Unemployed Persons: 118.165 index 99,7
GDP: 18.693 € Growth: 2.5%
Average Salary January 2017: gross 1.592,15 €, net 1039,12 €
Minimal Salary January 2017: gross 804,96 €, net 613 €
Level of Poverty: 617€ 39% of Inhabitants
ZDUS – SADA (Slovenian Association of Dramatic Artists)
Since our last report the biggest change has happened in ZDUS (SADA) switching its trade union representative from GLOSA to SVIZ due to disappointing collaboration with TU GLOSA. TU SVIZ has offered us full support in social process and in financing in ways that GLOSA had failed. Our collaboration with SVIZ also brings us the opportunity of establishing an independent working group consisting of only performers within the TU (under GLOSA we have been joined together with the technical sector). In this way our new working group will be able to solve its own problems and address competent body directly which will give us better negotiation starting point. We are aware that good cooperation between ZDUS (SADA) and SVIZ is very important and therefore we have all the intentions to continue developing good relationship and also to invite performers to take initiative on upcoming matters in the future. So far we are very satisfied with ZDUS membership response regarding the new TU and many members have either changed membership or newly joined TU SVIZ.
On December 17th new ZDUS Presidency was elected.
Mr. Gasper TIC was elected as the president,
Alen JELEN, Alenka PIRJEVEC, Lara JANKOVIC, Neda RUSJAN BRIC, Stasa MIHELCIC, Tatjana AZMAN as members of Executive Committee and twelve representatives from various theatrical communities as members of Presidency. ZDUS has also changed its address, which is now:
Združenje dramskih umetnikov Slovenije
Mestni trg 17
IBAN: SI56 6100 0600 0006 642
BANK: Delavska hranilnica d.d., 1000 Ljubljana, Miklosiceva 6
Register no: 5244625
Since formation of the CSEE group in Sao Paulo we are very happy to have good cooperation within the group and excellent communication with Ana- Marija Vrdoljak (HDDU). At the moment we are preparing an agenda for the upcoming meeting and we hope we will be able to fully engage in suggested group projects in the future.
2. Collective bargaining
The long-lasting bargaining for prolongation and changes of Collective Agreement in Public sector lasted to the very end of 2016 and was concluded on December 21st,2016, the very last date so that it could become valid on January 1st, 2017. Forty-one TU in Public Sector divided in two greater confederations participated in negotiations with Government for nearly 11 months. The process was tough with threats on both sides. At the end the partners agreed and 36 TU signed The Agreement on measures for labor costs and other measures in Public Sector.
What the Agreement brought:
On March 11th Government and 41 TUs in Public Sector began negotiating on getting rid of the anomalies in wage system, which should finish until May 1st. There are 3.819 working places in the system, therefore very demanding negotiation is expected.
3. Self- employed artists
In vocational activity jobs 6486 persons pursue it as self-employed persons.
Criteria is defined by special regulation, which facilitates for self- employed persons in culture to sign in the register of independent artists. At the moment 2638 persons are signed in. Next regulation enables those who will earn under 19.826,22 € in 2017 that state pays minimal employers´ contribution for social and health insurance. In Live Performance 425 persons are registered and 345 receive the contribution. In AV 345 are registered and contributions received by 170 persons.
We have been reporting about the position of self-employed persons in Slovenian culture in some previous national reports, but today we have to admit it has become even more severe then in those days. 30% of them live under level of poverty, 50% on level of minimal salary and only 20% earn above that level.
An actor can sign in register when two criteria are satisfied, quantity and quality: in 5 years 5 roles in public institution or non-governmental organization in culture and 50 repetitions or 5 roles in AV production (a role in long feature film counts 2 roles). Criteria for quality are laid down in the rules.
Dancer: In 5 years 4 main roles in ballet or contemporary dance in public institution or NGO in culture and 25 repetitions, or 5 solos and 15 repetitions, or 50 performances in institutions or NGO, or 6
collaboration in ballet or contemporary dance in public institutions and 20 repetitions.
Performer (circus artist, illusionist, mime artist, storyteller): In 5 years at least 15 new roles and 50 repetitions in public sector institutions or NGO in culture, or 5 roles in screened AV productions.
There are 21 other vocations from Live Performance and AV registered, and for each the criteria are determined in a similar way.
Report on Zavod AIPA (Collecting Society of Authors, Performers and Film Producers of Audiovisual Works of Slovenia)
During last summer AIPA members invested a lot of time and energy into
explaining and persuading the members of Slovenian parliament about why it is important to pass a new law on collective management of authors’ and related rights. The bill was finally passed in September 2016 despite a strong opposition from some parliament members. The law is far from perfect, but it brings more transparency in the system of management of collective societies. The bill more precisely defines the rules of reports, especially on reports about societies’ costs. The bill also enacts the question of establishment and important issue of promotion funds. The new legislation on collective management finally enables AIPA to start a campaign to change and update the 22 years old law on authors’ and related rights, which is outdated and also discriminatory towards performers of AV works.
Just recently AIPA won an important law suit against The Intellectual Property Office of Slovenia (URSIL). URSIL issues licenses for gathering and distributing remuneration money from BTL and cable re-transmission to collecting societies. Due to unknown reasons URSIL hasn’t issued such a license for more than 5 years to any of the existing collecting societies in Slovenia, therefore no remuneration money has been collected in this period (estimated loss is app. 5 million Euros). The court has ruled that URSIL acted irresponsibly, has been deciding on whom to issue the license for an unreasonably long period of time and now has to decide on the matter in the next four months.
In June 2016 AIPA became a member of CISAC and a member of the executive board of SAA (Society of Audio-visual Authors).
With other audiovisual collective organisations AIPA contributed remarks and proposals to recently implemented EU directive on audiovisual works.
Since summer 2016 AIPA organized the following events:
– in September 2016, during the 19th Festival of Slovenian film, an event The rights are yours!, a conference for domestic artists on current topics in Slovenian and foreign legislation,
– in November 2016 the free off charge MEDIA master class with Linda Beath Toward 2021: Internet Audiences. Can we reach them? in partnership with Creative Europe Desk Slovenia (CED),
– in February 2017 the FERA’s (Federation of European Film Directors) workshop Copyright in the Digital Single Market: Audiovisual authors’ need for fair and proportionate remuneration was hosted in Ljubljana by Slovene members DSR (Directors Guild of Slovenia) and Zavod AIPA, and organized in association with SAA (Society of Audiovisual Authors) and FSE (Federation of Screenwriters in Europe). Directors and authors representatives, as well as industry stakeholders from a dozen of European countries gathered in Ljubljana to discuss audiovisual authors’ rights and remuneration challenges. The opportunities to bring more fairness to industry practices presented by the September 2016 EU Commission second copyright package were examined, from fairer remuneration in contracts, to pragmatic solutions for authors’ to share in the economic success of their works, like the introduction of an unwaivable authors’ right to remuneration for the online uses of audiovisual works, or the necessary improvements of the retransmission remuneration right and its implementation.
5. Restriction on the Use of Tobacco and Related Products Act
Slovenian Parliament has accepted new Act on Tobacco last month. We quote articles, which may hinder creative work in Live Performance:
Art. 3-16 (definition of terms): Public spaces exist in various activities, including culture, and in culture amongst others including cinema and theatre.
Art. 29-7 (advertising): Paragraph forbids to show or use tobacco, tobacco products and related products in frames of TV contents and public appearances, exceptions are films, TV series and serials.
Art. 39 (smoking ban): (1) Forbids smoking or use of tobacco, tobacco products or related products, except chewing and sniffing, in all public and working spaces and all vehicles in presence of persons younger than 18 years. (2) Paragraph forbids the acting from previous paragraph in spaces, which are, according to the law, not treated as closed space, when they belong to ground or objects, where activities of education or upbringing are carried out. (3) Regardless of paragraphs (1) and (2) of this Article smoking and use of tobacco, tobacco products and related products is allowed:
(4) Smoking lounges are not allowed in spaces where healthcare services, upbringing and educational activities are taking place. (5) Owners, tenants and managers of spaces, where smoking and use of tobacco, tobacco and related products are forbidden, provide the respect of the prohibition.
Art. 41-6,7 (supervisory and minor offence authority): Health Inspectorate of Republic of Slovenia is carrying out the prohibition of smoking and use of tobacco, tobacco and related products as public spaces, determined in Art. 39 as control over individuals, who do not comply with the provisions set in Art. 39.
Art. 42, 43 (breach of law): The two articles define fines of breaking the law. Amongst them 4.000 € -33.000 €, legal person for breaching Art. 16-3, 29-7, 39. 125 € – 250 € pay fine individual persons breaching Art. 39.
We simply do not understand how theatrical performances and similar artistic shows do not represent exception from the act. That is why we report it and at the same time ask for your advice.
6. Additional Vocational Insurance of Ballet Dancers
In Slovenia ballet dancers enjoy the right of Additional Vocational Insurance, which is regulated by Pension and Disability Insurance Act. This insurance is obligatory for workers, employed on hard and harmful for health workplaces or on those, where workers after certain age cannot successfully act. The obligatory insurance pays the employer.
Change of Public Interest in Culture Act has brought to ballet dancers, who enjoy that insurance, right to add half of insurance period to retirement conditions for vocational and early retirement or old-age pension.
National Report was prepared by
Marko Simcic, Neda Bric Rusjan, Maja Sever and Eva Kras