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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Republic Act No. 11996 also known as the Eddie Garcia Act was enacted by the Philippine Congress to ensure the welfare of workers in the movie and television industry. It mandates the protection of workers in the workplace, prescribing guidelines for hours of work, wages, benefits and other wage-related benefits, social security, and welfare benefits, basic necessity, health and safety, working conditions and standards, and insurance.
Following the constitutional mandate for the full protection of labor, the Philippine Congress enacted Republic Act No. 11996 also known as the “Eddie Garcia Act” to ensure the welfare of workers in the movie and television industry. The law applies to all workers engaged in the movie and television industry regardless of functions, roles, positions, or status.
The law defines and employer or principal as any person, natural or juridical, including contractor or subcontractor, who engages or hires the services of a worker in the movie and television industry.
On the other hand, a worker, as used in the law, refers to an employee hired by the employer or an independent contractor engaged by the principal to render services for the movie and television industry.
The Eddie Garcia Act mandates the worker and the employer or principal to execute an agreement or an employment contract in a language or dialect understood by both parties before the commencement of service which shall include the following:
- Job position and status;
- Job description;
- Period of employment or engagement;
- Details of compensation and other workers’ benefits including rate, method, and schedule of payment which shall be paid at intervals not exceeding sixteen (16) days, unless otherwise agreed upon by the parties;
- Authorized deduction, if any;
- Hours of work; and
- Grievance mechanism. (Section 7, R.A. No. 11996)
No agreement or employment contract shall discriminate against a worker who has contracts or projects with other production outfits unless exclusivity is specified in the contract, nor shall any person perform any act involving preference based on race, color, descent, national or ethnic origin, or religion, which has the purpose or effect of nullifying the recognition, enjoyment, or exercise on an equal footing of any human right of fundamental freedom.
The hours of work of the worker shall be based on the terms and conditions set in the agreement or employment contract and other stipulations thereto signed with the employer or principal. Section 9 of R.A. No. 11996 prescribes the following guiding principles:
The hours of work shall be eight (8) hours a day, which can be extended to a maximum of fourteen (14) hours, exclusive of meal periods. In no case shall the total number of work hours be more than sixty (60) hours in a week. It shall be applicable to all workers, except for minors whose working hours shall be in accordance with the pertinent provision of Republic Act No. 7610.
However, for workers requiring special effects makeup such as prosthetics, the first two (2) hours of the application of such makeup shall not be considered as working hours.
Hours of work shall include the following:
(a) Waiting time where the worker is required to stay within the premises of the workplace;
(b) The time during which the worker is required to work, including spent on ocular work, pre-production, and post-production activities; and
(c) Travel to and from out-of-town projects: Provided, That the worker cannot gainfully utilize the travel time for one’s own personal purpose, need or benefit.
If a scheduled shoot is cancelled less than eight (8) hours immediately preceding its approved schedules, all workers engaged for the day shall be compensated. However, in cases of cancellation due to force majeure, workers may not be compensated.
The employer or principal shall give notice to the worker of any engagement related to the contracted service not less than twenty-four (24) hours ahead of the schedule.
The employer or principal shall provide a rest period of not less than ten (10) hours between the end of work on one (1) day and the beginning of work on the next day. This also applied to locked-in shoots.
For work beyond eight (8) hours a day, the worker shall be entitled to overtime pay unless it is already incorporated in the agreement or employment contract which stipulates a higher compensation. A worker shall also be entitled to night shift differential unless the same is incorporated in the agreement or employment contract which stipulates a higher compensation.
Section 10 of R.A. No. 11996 provides that the employer or principal shall provide transport service to and from out-of-town projects or shall reimburse transportation expenses incurred by the worker, unless the same is already incorporated in the agreement or employment contract which stipulates a higher compensation.
As for the workers’ wages, the Eddie Garcia Act provides that the minimum wage of a worker shall not be less than the applicable minimum wage in the region where the worker is hired. It shall be paid on time, as agreed upon in the contract, directly to the worker. The employer or principal shall not make any deductions from the wages unless otherwise agreed upon by the parties or required or allowed by law.
All workers shall be covered by and entitled to the benefits provided by the Social Security Systems (SSS), the Home Development Mutual Fund or the Pag-IBIG Fund, and the Philippine Health Insurance Corporation (PhilHealth), in accordance with law. However, employers are not precluded from providing social welfare benefits to the workers.
In addition to the provision on social security and welfare benefits, the Eddie Garcia Act provides that the employer or principal shall provide for the basic necessities of the worker as follows:
- Adequate and nutritious meals, with due consideration to the workers’ health and religion;
- Sufficient and readily accessible supply of safe drinking water;
- Accessible, clean, enclosed, and person with disability (PWD)-friendly toilets and other sanitary facilities whether on location or not. The number of comfort facilities for a given number of workers shall be in conformity with the requirements of the Department of Health;
- Private and separate dressing rooms for men and women, whether on location or not, with adequate provisions for the proper safekeeping of the workers’ valuables;
- Safe, clean, comfortable, and properly ventilated holding areas with emergency exits;
- Free, safe, and adequate accommodation if services are required to be rendered in an out-of-town location; and
- Safety officers and dedicated vehicles for emergency purposes in the production whether on out-of-town location or not.
The law guarantees the standard of treatment of workers – the employer or principal shall not subject or allow the workers to be subjected to any kind of abuse, physical violence or harassment, or any act that degrades the dignity of the worker. The employer or principal’s strict compliance with the occupational safety and health standards is also mandated by law.
Another salient feature of the Eddie Garcia Act is the provision on insurance coverage of the workers. Now, all workers shall be adequately insured by the employer or principal, at no cost to the worker, for work-related accidents or death in every movie and television production.
Finally, the Eddie Garcia Act recognized the right of workers to self-organization and collective bargaining. Section 20 provides that workers in the movie and television industry shall have the right to form, join, or assist in the formation of a labor organization of their own choosing for purposes of collective bargaining, for mutual aid benefit, and to engage in concerted activities which are not contrary to law.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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