Kunstenbond starts a lawsuit against the state

The Kunstenbond is starting a lawsuit against the state for compensation for the damage suffered by self-employed people in the cultural sector during the corona crisis. Earlier, in July, the union had formally held the state liable for this damage, and late last week the state responded, denying liability.

The union does not want to discuss the grounds on which the state rejected liability, says union chairman Peter van den Bunder. “We are now submitting the case to the court within a few weeks, and we want a careful decision. It is not appropriate that we already exchange all arguments in the media.”

According to the union, the state has acted unlawfully towards the self-employed in the cultural sector. The corona policy hit the cultural sector disproportionately without sufficient indications that the measures taken were effective, and then the self-employed in that sector were insufficiently compensated. The cultural sector did receive substantial specific support packages, but these ended up with the institutions. The intended ‘seepage effect’ of that subsidy has not taken place sufficiently, and there were no measures to promote the passing on of subsidies to self-employed persons. The general corona support offered little solace to self-employed workers in the sector.


‘We thought we’d make it, but it’s really not possible’

General compensation scheme

The Kunstenbond estimates that there are a total of tens of thousands of self-employed freelancers in the art and culture sector, and that their total damage is 1.6 billion. The lawsuit will only concern nine self-employed workers who have suffered a total of more than 320,000 euros in damage, but if the court finds the state liable, the union wants a general compensation scheme.

A relatively large number of flex workers work in the cultural sector. More than 40 to 60 percent (depending on what you consider to be the art and culture sector) of the employed are self-employed. This is an average of 12 percent across the Netherlands. In many cases, it also concerns false self-employment.

The State Secretary for Culture, Gunay Uslu (D66) has announced that she wants to work on reforming the labor market in the sector, and has also earmarked money for two pilots this year. Reform of the labor market in the arts has been on the political agenda for years, and Uslu is expected to announce further plans together with the Minister of Social Affairs on Budget Day.

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