KEYS OF THE III Agreement of Audiovisual Industry Technicians

In this gallery, Ángela Estévez, abodated in Bardají & Honrado, analyzes the main novelties of the III Collective Agreement of Technicians of the Audiovisual Industry, approved in April 2024.

Over years of interviews, José Luis Garci He has always emphasized that, in the credits of his films, he never appears "a film of", but "directed by". The reason is that audiovisual production is, in essence, a Teamwork. Hence it is key to the sector to have Collective agreements that adequately regulate the employment relationship between producers and workers, adapting to the particular conditions of this activity.

On April 6, 2024 the anticipated was published Renewal of the Collective Agreement of Audiovisual Industry Technicians, which regulates labor relations between audiovisual production companies and their technical workers. Artistic staff is therefore outside its scope, as well as the production of short films and the employment relationship with musical directors or composers of audiovisual works that are considered authors in the sense of the intellectual property law.

In this tribune we will condense some of the most relevant news that introduces the agreement, which carried Without updating since 2009 and has not left indifferent to industry agents.

Professional TV groups

The television production salary tables go to contemplate a series of figures that in practice the Technical, but that had not yet been expressly collected: the Program presenter (equated to editorial head) and the Commentator, Tertuliano The employee (equivalent to writer).

Likewise, the salary tables first collect the category Television screenwriter professional, differentiated depending on the program budget (a commitment that already consisted of the 2009 agreement).

Temporary contracting modalities

The agreement also shows the amount of regulatory updates which have taken place since 2009 in terms of hiring modalities. Apart from the contract indefinite and fixed-discontinuous, today the producers could temporarily hire technicians under two modalities: (i) a Temporary contract due to production circumstances (which must always be properly justified); or (ii) a artistic employment contract for a certain duration (By programs, seasons, production phases, etc.).

The foundation of the latter is that, since 2022, the Technical and Auxiliary Personnel that provides services “directly linked to artistic activity and that are essential for its execution” is within the special labor regime before applicable to artists (Royal Decree 1435/1985), therefore being able to conclude the so -called artistic labor contract of a certain duration to meet temporary production needs.

Conference and schedules

The Ordinary Work Day increases to 40 hours per week, corresponding to 8 hours a day. However, for those who participate directly in the production and they charge the plus of flexibility, the daily day can be between 5 and 9 hours (that is, up to 45 hours per week).

Regarding Previous agreement, the weekly minimum rest increases to 48 uninterrupted hours (preferably on Saturday and Sunday), keeping the 12 hours of rest between days.

Likewise, the agreement contemplates that the aforementioned persons can provide services in Special Conference of more than 9 hours daily, occasionally or punctual, in special recording situations (in particular, outdoors that require special permits or conditions). In any case, the rest between days, special days cannot be held in More than 3 consecutive days (Extendable to 4 in common agreement in cinema and fiction production) and the maximum hours established by the agreement will not be exceeded. The provision of services in these special days will imply the perception of the Special Day Salary Complement. Regarding the previous agreement, the weekly minimum rest increases to 48 uninterrupted hours (preferably on Saturday and Sunday), keeping the 12 hours of rest between days.

Although all workers must have assigned a reference schedule, the agreement recognizes the need to provide the production activity of a marco flexible. In this way, the producer must communicate the work plan or schedule initially planned to the worker at least 10 days, and, given possible subsequent alterations, communicate these to the worker with a minimum in advance of 48 hours.

Retribution and salary accessories

The agreement mentions the relevance of pay salaries, no later than the eighth day of the month following his accrual. Likewise, at the end of the contract, it must be paid, together with the salary accrued that month, the proportional part of vacations and weekly rest that corresponds to the time of service provision.

In addition to the salary supplements of flexibility and special days mentioned above, those of Nocturnad, turnicity and work on holidays, special holidays and assimilated, which will be received when each of the budgets included in the current agreement are met.

In this way The availability plus is suppressed collected in the 2009 agreement. Those workers who had been charging so far will see their base salary increase in the amount corresponding to that concept.

Other aspects

The producers will have the obligation to subscribe a Accident and Disease Insurance that covers the professional contingencies that may affect your staff. In this sense, the agreement includes minimal amounts insured for each type of contingency.

The fourth additional provision of the agreement also includes the commitment of the signatory parties to make a transparent, reasoned and ethical use of artificial intelligence

In the case of cinematographic productions, the Specialized personnel law that their name and professional category appear in the Credit titles. This obligation will not be applicable to those companies that carry out an international production service and do not have the power to carry out credit titles.

Given the running times, the fourth additional provision of the agreement also includes the commitment of the signatory parties to carry out a transparent, reasoned and ethical use of artificial intelligence, in accordance with the regulations that may be applicable.

The III Collective Agreement of Audiovisual Industry Technicians entered into force on April 7, 2024 and will remain in force until the December 31, 2024, extending automatically in the absence of express complaint of any of the signatory parties.