Selective improvements for cultural professionals

In its communication of April 9, 2021, the Culture Taskforce comments on the outcome of the spring session: key concerns have been addressed, but important problems remain. The statement in full:

"Freelancers - employees with frequently changing fixed-term employment contracts - are commonplace in the cultural sector. It is therefore important that this group of cases is also recognized and explicitly mentioned in both the law and the ordinance. The definition chosen by the legislator, according to which freelancers must have a total of at least four fixed-term employment contracts with at least two different employers since 2018, is justifiable, even if there are fixed-term, project-related employment contracts with only one employer, without this constituting an inadmissible chain employment contract. It is only logical that the explicit definition of the years 2018 and 2019 is introduced as the basis for calculating the loss of earnings compensation.

On December 18, 2020, loss compensation for cultural professionals was reintroduced for financial losses from December 19, 2020. The amendment to the ordinance implements a retroactive effect that Parliament decided on in the spring session: Loss compensation can be applied for for the loss period from November 1, 2020. This means that since March 2020, cultural professionals have been able to receive compensation without interruption, as was already the case for cultural enterprises.

For emergency aid, the amendments to the Cultural Ordinance simplify the overall processing of applications, close important gaps and prevent abrupt rejections in individual cases. Among other things, an income allowance of CHF 1,000 per month now applies. Only freely disposable assets are taken into account when checking eligibility - for example, properties owned by the applicant are not included. In addition, the asset allowance will be increased slightly to CHF 60,000 and to CHF 20,000 per dependent child. Overall, this should result in a substantial improvement to the important instrument of emergency assistance for people who are already in very tight financial circumstances.

The extension of cultural support measures to the area of cultural education, as called for by the task force, has incomprehensibly failed to materialize. As a result, operators of private dance schools, for example, but also theater groups that offer school performances, continue to fall through the cracks in all support measures without this being objectively justified. Nevertheless, the federal government points out that the cantons have the opportunity to close this loophole. Fortunately, a few cantons have so far recognized this need, but of course a nationwide solution is urgently needed. Without appropriate support, the professional training of young artists in Switzerland - just like the numerous companies and professionals in this field - is seriously at risk.

The demand for compensation of 100 % of the effectively recognized damage suffered by creative artists and cultural enterprises and the abolition of competition-distorting cantonal caps in the ordinance, which was also supported by the Städtekonferenz Kultur SKK, was not heard. This is particularly incomprehensible from the point of view of cultural enterprises, as they are hardly ever in a position to plan events for the future under the current rules - the financial uncertainties and lack of planning security are too great.

Although a protective shield for public events of supracantonal importance between June 1, 2021 and April 30, 2022 was included in the Covid-19 Act in the form of Art. 11a, which could offset uncovered costs in the event of damage, many important questions remain unresolved for the time being. For example, the definition of "supracantonal significance" has not yet been clarified, nor has the problem that a cantonal permit must be granted, but this is often only issued shortly before the event, even in normal operations. It therefore remains to be seen to what extent this new instrument will actually bring relief - for the time being, a certain degree of skepticism is unfortunately appropriate and therefore the greatest entrepreneurial caution when planning cultural events. Last but not least, there is also the question of whether all cantons will get on board and whether there will be undesirable differences in implementation. Finally, it remains to be seen whether the cantons are even in a position to bear at least half of this additional expenditure within their tight budgets, as required by law.
 

Even if this does not affect the Cultural Ordinance and therefore not only the cultural sector, the fact that income compensation for self-employed persons will initially only be paid until June 30 represents a serious uncertainty for those affected. It is already foreseeable that the second half of the year will also be anything but normal in the cultural sector and that an extension of the entitlement for self-employed persons (corona income compensation) and also for employees (KAE Covid-19) is therefore absolutely necessary.

Finally, since the spring session, the Federal Council has had the option of extending the maximum duration of short-time working compensation from the current 18 months to a maximum of 24 months. It is clear to the Culture Taskforce that the Federal Council must make use of this option at its next meeting."