Question & AnswerQ&A (Republic Act No. 11996)
The short title of Republic Act No. 11996 is the "Eddie Garcia Act."
The primary policy is to accord full protection to labor and promote full employment and equality of employment opportunities for all workers in the movie and television industry, recognizing their contributions to nation-building.
All workers engaged in the movie and television industry regardless of their functions, roles, positions, or status are covered under the Act.
A "worker" 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.
Lock-in refers to a condition or instruction where a movie and television production requires the workers to remain within the workplace for twenty-four (24) hours or more on a continuous basis.
The standard hours of work are eight (8) hours a day, extendable to a maximum of fourteen (14) hours excluding meal periods, and no more than sixty (60) hours a week.
The agreement or employment contract must be in a language understood by both parties and include job position and status, job description, period of employment, compensation details, authorized deductions, hours of work, and grievance mechanism.
The Act prohibits discrimination against workers with contracts or projects from other production outfits, except if exclusivity is expressly specified and reasonable under the law. It also forbids preference based on race, color, descent, national or ethnic origin, or religion.
Employers must comply with occupational safety and health standards (RA 11058 and RA 11036), conduct risk assessments, notify the Department of Labor and Employment (DOLE) of production schedules, and provide safety officers and emergency measures.
Violators face fines of up to PHP 100,000 for the first offense, PHP 200,000 for the second, and PHP 500,000 for the third and subsequent offenses. When committed by companies, responsible officers also face penalties.
Wages shall not be less than the applicable regional minimum wage, paid on time, with authorized deductions only, and payslips must be provided. Additional remuneration for overtime and night shift differentials apply unless superseded by contract terms.
Workers are entitled to benefits from SSS, Pag-IBIG, and PhilHealth; independent contractors are responsible for their own contributions. Employers may also provide additional welfare benefits.
Employers must provide adequate meals, safe drinking water, clean and accessible toilets, separate dressing rooms, safe and ventilated holding areas, free and adequate accommodation for out-of-town work, safety officers, and emergency vehicles.
After exhausting conciliation and mediation, unresolved disputes go to the appropriate agency with jurisdiction; disputes involving independent contractors are resolved by trial courts.
Workers retain rights over their performance or intellectual property, with protection under Republic Act No. 8293. They may agree to transfer rights to employers, and are entitled to additional remuneration for every subsequent use or broadcast unless contractually waived.