4. Working
Instructions open by pressing the blue arrows.
A clear contract is drawn up in advance regarding the work or project, the content and effects of which all contracting parties are aware of. In situations where a collective labour agreement does not apply, the aim is to follow applicable references and instructions.
Have I drawn up a fair and clear contract for all parties?
Do I comply with the collective labour agreement in an appropriate manner if I am obliged to do so by law or by contract?
Have I ensured that the various parties have had sufficient time to familiarize themselves with the content of the contract before signing?
Have I made sure that my contract partner has understood the content of the contract and its effects?
Have I ensured that, as a funder, I do not exploit the passion of the artist or other cultural professionals in the field, and their natural need to make their work available to the public?
As an artist, am I sufficiently familiar with the earning models of agents and other workers in the cultural sector to also understand their financial needs?
For my part, do I try, as far as possible, to promote collective bargaining or agreements in sectors where it is justified or necessary due to weaker protection, and where self-employed people are in a similar position to that of employees with regard to their bargaining positions?
All work will be paid fairly. If part of the compensation is not monetary but otherwise of benefit to the creator, the benefit must be real and defined.
Have I sufficiently taken into account that artists and other cultural professionals should be able to cover their living expenses with their work?
Am I taking responsibility for the continuity of the industry by offering appropriate compensation for the work done?
Have I defined, in cooperation with the creators, a possible other benefit to be received instead of monetary compensation, for example related to studies, the acquisition of experience, or hobbies?
The financial challenges faced by artists and other cultural professionals must be recognized.
Is the compensation I offer sufficient in relation to the required amount of work and possible material and production costs, assignable rights and other costs?
Creators must be treated equally, regardless of whether they work with a grant, as employees, or as entrepreneurs.
Are the characteristics of an employment relationship fulfilled in the contractual relationship, and are all statutory employer contributions and insurances taken into account in the salary payment?
Have I made sure that when the criteria of the employment relationship are met, compensation for the work is paid in the form of a salary? In the case of a non-employment assignment, has the payment of monetary compensation been agreed upon in a way that the parties are aware of the effects of the compensation on social security payments?
When work is done as an entrepreneur, has it been taken into account that a sufficient level of monetary compensation is required to obtain the appropriate social security?
Have I strived to pay equal wages to creators, regardless of their financial status?
Have I taken into account that a personal grant or other external financial compensation cannot, in principle, reduce the compensation paid to the creator for work or copyrights?
Copyrights and related rights must always be respected. Even if some time has passed since the work was created, the creator must be named appropriately.
During the artistic collaboration, have I agreed how the creator’s roles and contributions will be expressed when the work is announced or performed?
Is the compensation paid for copyright and related rights sufficient, with regards to the rights being transferred?
Have I ensured the transmission of copyright compensation to all parties involved in all situations?