The Council of Ministers approved this Tuesday, at the proposal of the Ministry of Labor and Social Economy, the royal decree that regulates the special employment relationship of artists in the performing, audiovisual and musical arts, as well as technical and auxiliary personnel, a rule that seeks to modernize the labor framework of the sector and incorporate new protection measures against harassment, regulates for the first time in detail the work of minors under 16 years of age and aims to strengthen intellectual property rights and remuneration transparency.
This was announced at the press conference after the Council of Ministers by the second vice president and Minister of Labor, Yolanda Díaz, who assured that the text represents “the great labor reform of the people of culture” and replaces an “old” regulation from 1985 with references to the “old regulations and ordinances of the Franco regime.” “We changed the Franco concept of public spectacle and adapted it to the 21st century. It is a norm that not only embraces the cultural elites, but also horizontalizes the work of culture,” he stated. The minister has assured that the decree will benefit 771,000 people and has highlighted that the rule has been negotiated for more than a year with unions, businessmen and some 80 entities in the cultural field.
Among the main novelties, the new text establishes the obligation to adapt violence and harassment prevention protocols, and requires companies to designate an intimacy coordinator in intimate scenes. In the event that minors participate, this figure must ensure their protection in a reinforced manner.
child labor
Likewise, the decree regulates for the first time in detail the artistic work of minors under 16 years of age, establishing a single regime for the entire national territory. The rule establishes that the only work permitted for these minors will be as an employee. “If I were to talk to you about a minor under 16 years of age who works without a contract, without salaries or without a regulated price, in a factory or in a job under these conditions, you would automatically say that this is child exploitation. Well, this is over in Spain in the world of culture,” he explained. The text also specifies the limits of working hours and rest depending on age, including specific rules for young people aged 16 and 17 regarding night work, and includes a catalog of rights aimed at guaranteeing their personal, educational, social and professional development.
In terms of rights, the royal decree regulates the protection of intellectual property, and requires expressly differentiating in payrolls the amounts received for the transfer of intellectual property rights when they are not subject to collective management. The standard also seeks to reinforce salary transparency, by requiring that the different remuneration concepts, salary and non-salary, appear individually. In addition, it allows vacations not taken in short-term contracts to be prorated. Díaz has highlighted that the reform recognizes as effective working time activities such as rehearsals, script preparation or promotional actions, which until now generated conflicts in the sector.
The Government also undertakes to create technical commissions to study future training measures, professional requalification and representativeness of workers in the sector. After learning of this approval, the unions CCOO, UGT, UAA and CONARTE have shown their satisfaction in this regard. “This norm recognizes rights that unions have been negotiating and fighting for in collective agreements for years,” the unions say in a joint statement.
The missed opportunity of AI
In any case, unions and other associations in the sector regret that no limits have been set “for the use of generative artificial intelligence” considering that “this technology puts the cultural sector at existential risk, but, above all, it places workers in a clearly vulnerable position.”
According to the unions, “an opportunity has been lost and this leaves any question regarding the uses of generative artificial intelligence in the hands of individual negotiation,” which is why they say they will continue working “to achieve limits on these technologies with the available tools.” “The law of the jungle is not an option and to avoid it we will continue defending clear and transparent protection models,” they say.