FAQ for professionals

No. A professional dancer is presumed to be an employee (Articles L7121-3 and L7121-4 of the Labour Code). As such, their employer is required to provide a contract of employment (a customary fixed-term contract) and to pay them in accordance with the provisions of the Labour Code and the applicable collective agreement.

This question arises whether you are an employee or an employer. Resignation, dismissal and termination by mutual agreement are methods of terminating a contract specific to permanent contracts. The principle is that a fixed-term contract must run until its expiry date, but there are cases of early termination of a fixed-term contract which are strictly regulated by law:

• Where there is a written agreement between the employee and the employer
• In the event of serious misconduct on the part of the employee or the employer
• In the event of force majeure (cases very rarely recognised by the courts)
• Where there are grounds for offering the employee a permanent contract. The employer must, however, give notice, unless otherwise agreed by the parties
• Where the employee is found to be unfit for work by the occupational health doctor, whether this unfitness is work-related or not
• In cases potentially covered by collective agreements

Apart from these cases, unilateral termination by the employer or the employee gives rise to a claim for damages.

Further information: Practical guide: Employment contracts for choreographic artists

There are two possible scenarios:

• If the artist has received a unilateral offer of an employment contract from the company, this constitutes an employment contract: it is the company that is committing itself, whilst the artist remains free. The artist may therefore withdraw from the agreement. Unilateral offer of an employment contract: the company promises to engage a dancer.
• If the artist has received an offer of an employment contract from the company, they are not bound by it during the cooling-off period. However, once they accept it, both parties are bound by an employment contract. Offer of an employment contract: the company offers a position to a dancer and expresses its intention to be bound by the contract should the dancer accept it.

Including such a clause in an employment contract amounts to interfering with the employee’s private life, which is not permitted by law. However, a clause may impose restrictions on physical appearance or the participation in high-risk sports if it is:

• time-limited,
• justified by the nature of the work to be carried out,
• and proportionate to the intended purpose.

To assess its validity, the situation must therefore be examined on a case-by-case basis (duration of the contract, possibility of remedying the issue, importance of the role, etc.).

It depends on the collective agreements:

• According to Article X.3.2.C of the CCNEAC: the principle is that the performance fee covers the remuneration for a single performance. That said, under certain conditions, a flat-rate fee may cover, at the same venue, the remuneration for: 
  • performances of the same show, each lasting less than 45 minutes, provided that these two performances are no more than 4 hours apart,
  • performances of the same show, each lasting less than 15 minutes, provided that the time between the first and last performance does not exceed 4 hours.
• According to the CCNESPSV: no specific provision is made. A fee can therefore only cover a single performance.

Further information: CND factsheet: Hiring a performer or a technical staff member in the performing arts

Yes, subject to certain conditions. The purpose of an exclusivity clause is to prevent an employee from carrying out similar professional activities for another employer whilst their contract is in force.

To be valid, an exclusivity clause must be:

• Limited to activities that compete with the employer’s business,
• Essential to the protection of the company’s legitimate interests,
• Justified by the nature of the task to be performed,
• Proportionate to the intended purpose, taking into account the post held, the work required and the duration of the contract.

It therefore seems difficult to require exclusivity from a member of an ensemble. This might be justified when hiring a soloist, and then only for a short period. Please note that each situation must be assessed on a case-by-case basis.

The unemployment insurance legislation refers to the possibility of paying artists a flat fee without distinguishing between performances and rehearsals. This is therefore possible. In collective agreements, one must refer to the pay scales and the clauses specific to dancers to ascertain the terms of remuneration. Sometimes mention is made of rehearsal fees (Appendix 4 of the CCNSPSV) and sometimes of services expressed in hours (CCNEAC and Annex 1 of the CCNSPSV). It is always possible to pay a flat fee for rehearsals, provided that the minimum wages and the number of working hours stipulated by the collective agreement are observed; however, in the event of an inspection by Pôle Emploi, it will be easier to justify payment on a flat-fee basis where this is provided for in the collective agreement.

The company may be held liable even in the absence of a formal, signed employment contract.
A distinction must be made between two situations:

• If the dancer and the company have not set out the terms of employment in writing, they are not bound by any agreement and negotiations may be broken off at will.
• If the company has made the dancer a genuine written offer (email, letter, etc. – all evidence must be retained) setting out the essential elements of the employment contract (job description, start date, remuneration and place of work), the situation then falls under the rules governing an offer of an employment contract or a unilateral promise of an employment contract.
   
  • Unilateral promise of an employment contract: the company promises to employ a dancer. This is equivalent to an employment contract, and the company cannot therefore terminate the dancer’s employment without risking a finding of unfair dismissal.
  • Offer of an employment contract: the company proposes an engagement to a dancer and expresses its intention to be bound should the dancer accept. This will only constitute an employment contract if the dancer accepts it. The company may therefore withdraw the offer if the dancer has not yet received it or has not accepted it within the time limit set.

The duration of a rehearsal shift for a dancer depends on the provisions of the collective agreement applicable to the employer.

• Under the CCNEAC, the duration of a rehearsal shift is a fixed 3 hours, and a dancer may not be required to work more than 2 shifts per day, except for the 6 days preceding the dress rehearsal (Article XIV.2.1).
• Under the CCNSPSV, in Annex 1 (excluding tours): an artist’s rehearsal day, with the exception of the five days preceding the dress rehearsal or the first performance, may not exceed two 3-hour shifts per day.
• In the CCNSPSV, in Annex 4 (on tour), Article 2.2 specifies that rehearsal shifts are 4 hours long. Rehearsal days are paid at a fixed rate, whether there is one or two shifts on the same day. However, a daily limit of 7 hours is set for choreographers.

Yes. Collective agreements set out the framework for holding auditions for dancers.

According to the CCNEAC (Article XIII.1), the duration of each audition session must not exceed 3 hours (including class and/or warm-up). If there is no class, the warm-up must last between 30 and 60 minutes. There must be no more than two sessions per day. The number of sessions is also limited depending on the type of audition:

• With advertising: the artist may be invited to a maximum of three audition sessions over a period of 2.5 days.
• On call: the artist may be called upon for a maximum of 3 audition sessions over a period of 15 days. Artists may be called upon for group work sessions limited to a maximum of 3 consecutive days of 6 hours each.

The employer may add 2 further sessions of 3 hours each, which must not take place in the same week as the previous sessions. All these days and sessions must be completed within a period not exceeding 15 days.

According to the CCNESPSV (Annex I) for dancers, it is stipulated that, after more than three audition sessions, the artist must be offered a formal employment contract.

Further information: Practical guide: auditions – regulations and practical arrangements

Yes. The principle under employment law is that any work carried out at the employer’s request must be remunerated. If a dancer is called in an hour before the start of a rehearsal for a class or warm-up, they are at their employer’s disposal. This actual work must therefore be paid at the same rate as rehearsal hours.

The Labour Code stipulates a maximum working day of 10 hours. However, the collective agreement for the arts and culture sector sets out certain specific provisions (Article XIV.2):

• Outside of tours: 8 hours per day (or 10 hours including travel time), of which 7 hours are ‘dance time’ (including 1 hour devoted to a class and/or warm-up).
• ‘Dancing’ time is defined as time spent on lessons or warm-ups, rehearsals, costume fittings and make-up trials, performance time (including demonstrations and presentations of excerpts), and related activities (involving the presentation of one or more dance segments, including the running of workshops).

To determine the minimum wage, you must:

• Identify the collective agreement applicable to the employer based on their main activity by referring to the scope of application.
• Determine the amount of the minimum wage by referring to the pay scale in the collective agreement.

In the performing arts sector, there are two collective agreements:

• The collective agreement for private-sector performing arts organisations (for non-subsidised employers) – CCNESPSV
• The collective agreement for artistic and cultural organisations (for subsidised employers) – CCNEAC

If the employer operates in another sector (events, audiovisual, theme parks, etc.), they must refer to the collective agreement applicable to that sector. If that collective agreement does not contain any specific provisions for dance artists, the employer must go through Guso to hire a dancer. Guso will then require the employer to refer to a collective agreement for the performing arts sector when paying that dancer.

Further information: CND factsheet: salaries and allowances for dance artists in the performing arts and audiovisual sectors

An employer does not need to take any action to apply a collective agreement (neither joining it nor making a declaration). The collective agreement that applies is the one relating to the employer’s main business activity, and it is binding on the employer.​