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Kollektivavtal Film TV Video 2017-2020

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Kollektivavtal Film TV Video 2017-2020 FILM, TELEVISION AND VIDEO FILMING AGREEMENT 2021–2023 Valid: 2021-01-01 – 2023-05-31 CONTENTS GENERAL PROVISIONS 5 1 Employment 5 2 General obligations 6 3 Cancelled production and breach of contract 7 4 Interruption of service 8 5 Payment of fee and other remuneration 8 6 Travel and subsistence allowances 9 7 Income from employment and annual leave 9 8 Collective agreement occupational pension and insurance 9 9 Working hours 10 10 Special employment provisions 10 SPECIAL PROVISIONS FOR ARTISTS 10 11 Period of employment and fees 10 12 Performance day and performance day remuneration 11 13 Working hours 12 14 Overtime pay 14 15 Work outside the period of employment and special work 15 16 Clothing, wigs and makeup 16 17 General obligations 16 SPECIAL PROVISIONS FOR DIRECTORS 16 18 17 19 17 20 17 21 17 22 18 23 18 24 19 SPECIAL PROVISIONS FOR CHOREOGRAPHERS, SET DESIGNERS AND COSTUME DESIGNERS 19 25 19 26 19 SPECIFIC PROVISIONS FOR THE FOLLOWING PROFESSIONAL CATEGORIES: 19 27 Working hours 20 28 Scheduling working hours 21 29 Unsocial working hours 22 30 Overtime 23 Tnr 690 31 Exceptions to the rules on remuneration for unsocial working hours and overtime under Clauses 29 and 30 23 32 Calculation bases for overtime pay, etc. 24 33 Notice of overtime 24 34 Travel time allowance 24 35 Supplementary duties after the end of the period of employment 25 PAY/FEES/REMUNERATION 26 36 Minimum pay for artists 26 37 Directors 28 § 38 Choreographers, set designers, costume designers and chief photographer (A-photo) 29 39 Minimum pay for technical employees 30 RIGHTS OF USE, ETC. 34 40 Productions subject to the provisions of Clauses 41 – 48 of this Agreement 34 41 Definitions 35 42 Scope of the right of use 37 43 Transfer of rights 39 44 Royalties 39 45 Royalties management 46 46 Commercials and commissioned films 49 47 Short excerpts 49 48 Board of Trustees, Swedish Media Industries Employer Association and the Swedish Union for Performing Arts and Film 50 49 Disagreements 50 50 Term of the Agreement 51 APPENDIX 1 Filming from performances and the like not prepared by broadcasting TV companies 52 APPENDIX 2 Transmission on television of opera, operettas and musical work and ballet performances 54 APPENDIX 3 Production conditions 57 APPENDIX 4 Remuneration for the buy-out of rights for the re-use of dubbed versions for animated foreign series. 58 APPENDIX 5 Contract of employment and artist contract 59 ARTIST CONTRACT Regarding employment in film/TV production 60 CONTRACT OF EMPLOYMENT Regarding the employment of a film team 62 CONTRACT OF EMPLOYMENT Regarding the employment of a director 64 CONTRACT OF EMPLOYMENT Regarding the employment of a choreographer, a set designer and a costume designer 66 Tnr 690 ARTIST CONTRACT FOR COMMERCIAL For members of the Swedish Union for Performing Arts and Film 68 APPENDIX 6 The rules of the previous agreement on rights related to basic use and re-use 71 APPENDIX 7 Alternative regulation of working hours 79 APPENDIX 8 Previous rules on non-measurable revenue 81 APPENDIX 9 Trial regulation for scripted TV series 83 APPENDIX 10 Temporary addition to the Film, Television and Video filming Agreement 86 Tnr 690 NATIONAL AGREEMENT Valid 01/01/2021–31/05/2023 Parties Swedish Media Industries Employer Association Swedish Union for Performing Arts and Film Concerns Artists (actors, singers, dancers, performers), directors, assistant directors, choreographers, set designers, costume designers, cinematographers, production managers, lighting engineers, sound engineers, animators, film editors, editors, unit managers, makeup assistants, makeup artists, wig makers, electricians, set dressers, continuity persons, scenery painters, costume assistants, prop masters and assistants or equivalent positions employed in productions for film, television and/or other technical platforms. GENERAL PROVISIONS The Parties undertake to promote the application of the provisions of the Agreement also to productions which take place in full or in part without the participation of members of the contracting organisations. The original Swedish wording of the conditions in the agreement shall prevail. 1 Employment 1 Employment under this Agreement must ordinarily be governed by a written contract before the start of the employment. The contract forms on which the Parties have reached specific agreement should apply. The producer must disclose the nature of the production to which the offer applies and the nature of the commitment. Where appropriate, the intention of the producer to create different versions in accordance with clause 44, sub- clause 9, must also be indicated. 2 The provisions of the contract of employment must in no way entail a deterioration in the benefits of the staff member under this Agreement. 5 3 Employment refers to a certain specific task (certain specific tasks) or applies for a certain period of time. 4 Employment may also be entered into as a substitute or for internship work. 5 The Swedish Union for Performing Arts and Film has the right to obtain from the producer information about who has been employed and their periods of employment. 6 The employment ends at the end of the contract term or when the task (tasks) has (have) been completed, unless agreed otherwise. 7 The provision on termination of the employment included in the contract of employment counts as notice under the Swedish Employment Protection Act. 8 The Parties agree not to apply the conversion rule, the priority rules or the rules on preferential rights to new employment in Sections 5a, 22 and 25-27 of the Swedish Employment Protection Act. 2 General obligations 1 The validity of the contract of employment under this Agreement assumes that, when the contract is signed, the employee has no reason to believe that there is or may be any impediment to the performance of the contract. 2 The participant is obliged to follow the instructions and rules of conduct issued by the producer for the performance of the work, unless they appear to be offensive, risky or contrary to this Agreement or good practice in terms of working conditions. In the event of illness and accident, the participant must immediately notify the producer. If the producer so requests, the employee must verify the reason for their absence with a medical certificate. The cost of such a certificate is paid by the producer. 6 3 The participant must accept that the producer is entitled to choose the time for publication of news material about the production. 4 The participant is obliged to ensure that the producer has their latest contact details (address, telephone number) during the contract term. It is assumed that, during the period of employment, the participant will not, without prior agreement with the producer, undertake any travel which may entail a risk of disruption to the production. 5 At the staff meeting prior to filming, the producer must specify the contact for trade union issues and health and safety issues. Remuneration for trade union work Trade union work and the necessary training for such work should take place outside working hours, and are not included in working hours according to the collective agreement or the Swedish Working Hours Act. Film productions employing at least seven freelance employees under this Agreement must, to cover the costs which, under the Swedish Act on Union Representatives at the Workplace, would have been the responsibility of the producer, instead pay an amount of 0.2% of the freelance employees’ pay to the Swedish Union for Performing Arts and Film for further distribution. The amount must be paid to the Swedish Union for Performing Arts and Film no later than 28 February of the year following the end of the film project, unless agreed otherwise with the producer concerned and the Swedish Union for Performing Arts and Film. Documentation for remuneration paid must be submitted in writing to the Swedish Union for Performing Arts and Film at the same time as payment. Further guidelines are set out in Appendix 3. 3 Cancelled production and breach of contract 1 Should the production for which the participant has been employed not take place, the producer has the right to cancel the contract on payment of remuneration. Notice of cancellation of the production must reach the participant no later than seven calendar weeks before the start of the employment. In this case, 12% of the fee is paid. 7 If the producer cancels the contract after this time, an additional 12% of the fee will be paid for each subsequent full calendar week until notice of termination is given. If the participant is able to document that they have lost income from another employer during the production period, the producer is liable to pay the difference between the above 12% and what the participant has lost. However, remuneration is paid at no more than 1/21 per day of a monthly salary of SEK 50,355 from 25/01/2021 and SEK 51,423 from 01/06/2022. The compensation, including the above 12%, may never exceed an amount equivalent to three monthly salary payments as described above. 2 The producer has the right to terminate the contract of employment immediately due to force majeure (including death and non-temporary illness affecting the director or principal actors). In such a situation, the participant is entitled to the pay due for the completed period of employment. However, in the event of death and illness as stated above, 25% of the remaining pay is paid for the remainder of the employment period, maximum two months’ pay. 3 Instead of terminating the employment, the producer has the right, by agreement with the participant, to postpone the employment on otherwise unchanged terms. 4 In the event of a breach of contract by the producer or the participant, civil liability rules apply.
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