New Rules for the ‘Intermittence du Spectacle’

Since 1 March 2023, a new law on intermittent workers has come into force:

Loi du 16 décembre 2022 portant modification de la loi modifiée du 19 décembre 2014 relative 1) aux mesures sociales au bénéfice des artistes professionnels indépendants et des intermittents du spectacle 2) à la promotion de la création artistique.

Access it here (French)

Over the last two years, in collaboration with ULASC (Union Luxembourgeoise des Associations du Secteur Culturel), ALTA has had numerous exchanges with Luxembourg’s Ministère de la Culture in order to change this law. Our goal is to ensure that the interests and grievances of cultural workers are well represented.

Here are the most important changes for intermittent workers in the entertainment industry:

• a maximum of 10 days can be added to your 80 days of activity where you participate in training courses or host educational activities related to the activity of intermittent entertainment
• from the age of 50 onwards, it is sufficient to prove 60 days (instead of 80 days) of activity. (Note: this is only accepted if you have made at least eight consecutive claims for compensation.)
• From the age of 55 onwards, you still only have to prove 60 days of activity, and in addition, you are entitled to 131 daily allowances (instead of 121) (Note: this is only accepted if you have made at least eight consecutive claims for benefits.)

If you have submitted your application before 1 March 2023, you will benefit retroactively from the extra 10 days, and the Ministère de la Culture will inform you if your days have been approved.

The digital booklet (carnet) is also proposed in this new law; however, the Ministry of Culture is still working on the development of this digital booklet. For the moment, it is not operational, and the blue paper carnet remains in force.

Other changes include:

• The introduction of a possibility of suspension of the period of eligibility (in case of illness, maternity leave, parental leave,...) For example, if your initial eligibility period was from 24 September 2020 to 23 September 2021 and your maternity leave was from 25 November to 13 April 2021, it will be suspended for a period equal to that of your maternity leave and will end on 10 February 2022.
• • Abandonment of terms with negative connotations (e.g., ‘social measure’ becomes ‘support measure’)
• The introduction of an income declaration obligation and data exchange between tax authorities and the Ministry of Culture in order to check compliance with legal requirements and the veracity of monthly declarations by applicants
• The possibility of performing artists to benefit from the relief grant for independent professional artists
• For those who benefit, apart from their intermittent activity (including a weekly CDI superior or equal to 20 hours), they are no longer accepted for the voluntary inactivity allowances.

The legal definition of the ‘intermittent du spectacle’:

• Artist, creator or performer, stage technician or any other professional involved in a film, audiovisual, musical, performing arts, graphic, plastic, visual or literary project or production, whether at the stage of preparation, creation, execution, dissemination or promotion, working mainly on a temporary basis in the context of individual projects of limited duration, alternating periods of activity and inactivity
• works mainly for companies or organisers in the performing arts or in the film, audiovisual and music production sector or in the context of a performing arts production and offers his or her services to others in return for a salary, fee or fee on the basis of a fixed-term employment contract or a company contract

Current eligibility requirements:

• A period of activity of 80 days within the period of one year (365 days) preceding the application
• Possibility to carry out a secondary activity provided that the ratio between days of activity as a temporary worker and days of work in other activities remains positive
• Income from the activity is at least four times the SSM-TNQ (€2.256.95 x 4 = €9,027.80) in the year preceding the application
• Membership of a pension insurance scheme in the context of his/her activities
• Not be eligible for support measures for self-employed professional artists
• Not be receiving a replacement income under Luxembourg or foreign legislation (i.e., unemployment, REVIS, etc.)

Other information on the intermittent du spectacle (Source: Ministry of Culture as of 1 November 2021)

203 beneficiaries (113 women and 90 men)

Age groups :
61 to 70 years: 5
51 to 60 years: 36
41 to 50 years: 54
31 to 40 years: 76
20 to 30 years: 32

Fields of activity :
Cinematography and audiovisual: 88
Performing arts: 63
Music: 21
Multidisciplinary: 17
Dance: 14