Artists: changes from 1 January 2024 (II)

The new social status for artists comes into force on 1 January 2024. In a previous newsflash, we informed you about the status of amateur artists. You will find below the changes concerning arts workers.

Who is an artist, who is an arts worker?

The definition of an artist has been broadened.

There is a distinction between the status of an arts worker and that of an amateur artist.

An arts worker is someone who carries out an activity in the arts, whether artistic, artistic/technical or as a support artist. Professional activity in the arts must be proven to the Arts Work Commission (’Commission du travail des arts’ and formerly the ‘Commission Artists’) when applying for the arts work certificate. This must be requested by the artist via the Working in the Arts (WITA Pro) platform.

An amateur artist is someone who provides artistic services and/or produces artistic works for a principal (you as the employer) in return for a fixed fee, without entering into a contract of employment.

A person performing a technical role will now be able to have arts worker status. However, he/she cannot have the status of amateur artist. It is therefore important to make a clear distinction between these two statuses.

Arts worker

An arts worker performs a professional artistic activity.

Professional artistic activity

Professional artistic activity is understood as carrying out artistic activities in the following fields: audio-visual arts, plastic arts, music, literature, performance, theatre, choreography and comic strips.

Artistic/technical activities and artistic support activities are also considered as artistic activities.

If you wish to employ an arts worker on an ongoing basis and/or for an artistic/technical or support role, it is important to ensure that they hold an arts work certificate.

Type of arts work certificate

There are three different certificates for arts work:

Ordinary work certificate: this is issued to an artist who wishes to benefit from the primo-starter status (self-employed status) or the application of Article 1a, which allows them to be subject to the NSSO as a salaried worker in the absence of an employment contract (see below). It is valid for 5 years.

Arts work "plus” certificate: this is issued to an artist who, in addition to the status granted by the ordinary arts work certificate, wishes to receive the arts work benefit (= unemployment benefit). The conditions for obtaining it are stricter, particularly as regards the amount of income from artistic activities. It is valid for 5 years.

“Novice” arts work certificate: this is a one-off certificate issued to a novice who has obtained a full higher arts education diploma or has equivalent training or professional experience in an arts sector. An artist obtains it because he/she does not meet the conditions for obtaining one of the previous two (ordinary arts work or arts work plus certificate). It is valid for 3 years.

An arts worker may request a maximum of 2 certificates per year.

This certificate must be requested by the arts worker on the “Working in the arts” online platform, in the Arts Worker section.

An arts worker cannot choose the type of certificate he/she wants: it is the Arts Work Commission that decides which certificate he/she will be issued on the basis of the information provided in his/her application (amount of income up to 5 years prior to the application, diploma, experience, etc.) and that best suits his/her personal situation.

Arts workers who are currently covered by the former artist status scheme are automatically eligible to obtain the new arts work certificate.

Benefits of the arts work certificate

When an artist holds an arts certificate, they benefit from social advantages designed specifically for them:

Presumption of an employment contract (Article 1a)

If he/she carries out work on behalf of a principal (i.e. you as the employer) outside the terms of an employment contract (because one of the essential elements of the employment contract is missing), he/she may nevertheless be subject to the NSSO as an employee (and benefit from social security cover) provided that these 3 conditions are met:

• Providing services or producing works of an artistic nature;
• On behalf of a principal (natural or legal person);
• For a fee.

Other benefits

An arts worker in possession of an arts employment certificate has access to the special unemployment benefit scheme for artists, and to the social and tax system for authors' rights

Sources: Law of 16 December 2022 creating the Arts Work Commission improving the social protection of workers in the arts, M.B. 27.12.2022; Royal Decree of 13 March 2023 on the operation of the Arts Work Commission, the criteria and procedure for recognising arts federations and improving the social protection of workers in the arts, M.B. 24.03.2023