An income for artists
Every artist wants to be rewarded for their work. Being aware of your legal rights and obligations puts you in a stronger position. For example, in discussions with a client about financial agreements. This explanation will help you find your way.
Commissioned artistic activities
In Belgium, there is a modified arrangement for carrying out an assignment for an artistic activity. This gives artists access to the employment status that offers the greatest protection: that of an employee. Thus when drawing up an employment contract, an employer must respect the minimum wage regulations. If you become ill, you are entitled, depending on the situation, to guaranteed wages paid by your employer or to a benefit from your health insurance fund. During periods when you have no assignments, you can apply for unemployment benefits. This way of working can be combined with artistic freedom when carrying out the assignment.
An individual, company or association can be a client of an artist. If the person is not yet an employer or is not active in the artistic sector, there may be a solution through temp work via a Social Bureau for Artists (SBK). Clients in the artistic sector can work through an SBK for a replacement, exceptional work or temporary additional work.
There is a third solution: An artist with an artwork certificate can convert a contracting agreement with a client into employee status. This is also called the ‘1bis scheme’. The artist can use the services of an office that handles the payroll administration.
In any case: a client cannot force an artist to work as self-employed, because this status offers less social protection.
An Amateur Arts Allowance (AKV) is a flat-rate expense allowance for an artistic activity that does not provide you with social protection. This expense allowance is free of social security contributions or taxes.
Other activities
This amended scheme does not apply to non-artistic activities. That is why artists sometimes also work with the status of self-employed or civil servant.
(Part-time) self-employed status, for example, is a solution for artists who want to sell their work themselves. They can then choose to also take on artistic assignments as self-employed.
As a teacher in (art) education, many artists work as civil servant, full-time or part-time. Some combine this job with the status of self-employed in a secondary occupation for their artistic activities, whether or not on commission.
To ensure that no dispute arises regarding their choice, self-employed artists working as their main or secondary occupation can apply for a declaration of self-employment from the Artists Commission.
Read how you can apply for an artwork certificate or KWA at Working in the Arts. Or watch this tutorial.
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