skip to main content

Hague Court of Appeal: CBA applicable to freelance musicians

The Hague Court of Appeal this week struck down a ruling that would have put collective bargaining agreements covering freelance orchestral musicians across Europe under threat.

Published: 17 September 2015 | 12:00 AM Updated: 28 April 2021 | 4:28 PM

The Hague Court of Appeal this week struck down a ruling that would have put collective bargaining agreements covering freelance orchestral musicians across Europe under threat.

Employers in Holland had challenged collective bargaining agreements covering freelance orchestral players. The court in Holland agreed with the employers on the grounds that such agreements violate competition rules.

However, musician and unions challenged this at the Hague Court of Appeal, which found in the musicians’ favour, stating that freelance players are effectively ‘bogus’ self-employed.

In its analysis, the Court of Appeal noted that freelance musicians:

  • Were performing the same tasks as their permanently employed colleagues
  • Were playing their score alongside such colleagues
  • Had to comply with a strict rehearsal and concert planning
  • Had to follow the orchestra conductor’s instructions, and
  • Could not be replaced by freely designating other musicians to this end.

As such, they can be covered by collective bargaining agreements.

Visit the Federation of International Musicians for more on this ruling.

For more on what the MU does for freelance orchestral players visit our Orchestral pages.

Get MU membership today

From gig players to part-time teachers and professional instrumentalists, MU members can access specialist insurance for musicians. This includes Public Liability, Instrument and Equipment Insurance, Accident Insurance, Tax Investigation Insurance, and Professional Indemnity Insurance for music teachers.

Explore our member services

  • Get public liability insurance for musicians
  • Access expert legal support
  • Be represented in your profession
  • Access expert career advice, resources, and training events
  • Connect, network, and get to know the community of musicians

Learn about all membership benefits

Get MU membership today

Continue reading

Top view of an acoustic violin and pernambuco wood bow on a tabletop.

Save Pernambuco Bows: Write to Your MP Today

The MU is calling on members to take urgent action to protect the future of high-quality bow making and the musicians who rely on it, after a proposal to move pernambuco wood from Appendix II to Appendix I.

Published: 10 July 2025

Read more about Save Pernambuco Bows: Write to Your MP Today
MU Head of ED&I John Shortell, with Regional Officer Simeon Scheuber-Rush and MU delegates, on the main stage in front of a blue screen saying “TUC LGBT+ Workers’ Conference 2025

MU Champions Global LGBTQ+ Rights at TUC Conference

Last week, MU members represented the Union at TUC’s annual LGBT+ Workers' Conference, where a motion was passed unanimously on protecting LGBTQ+ rights globally, the value of ED&I work, and promoting greater awareness of intersectional, LGBTQ+ inclusive health and safety issues.

Published: 08 July 2025

Read more about MU Champions Global LGBTQ+ Rights at TUC Conference
A panel event from last year in a tent. There are four people sat along a table in front of a crowd.

MU Panels and Workshop Confirmed for Tolpuddle Festival 2025

Tolpuddle Martyrs Festival takes place next weekend and we’re pleased to share more details about the MU’s presence at the event – including confirmed panel appearances, a workshop session, and the debut of our brand new union banner in Sunday’s iconic march.

Published: 08 July 2025

Read more about MU Panels and Workshop Confirmed for Tolpuddle Festival 2025