Title
Protection of Movie and TV Workers
Law
Republic Act No. 11996
Decision Date
May 24, 2024
The "Eddie Garcia Act" mandates comprehensive protections for workers in the movie and television industry, ensuring fair wages, safe working conditions, and the right to self-organization while promoting their economic and social contributions to society.
A

Declaration of Policy

  • Full protection and equality of employment opportunities for workers in the movie and television industry.
  • Recognition of workers' contributions to nation-building.
  • Promotion of decent work, social protection, right to self-organization, collective bargaining.
  • Regular review of working conditions to ensure gainful employment, decent income, and protection from abuse and hazardous conditions.

Coverage

  • Applies to all workers in the movie and television industry regardless of role, position, or status.

Definitions

  • Employer or Principal: Any person or entity hiring workers.
  • Force Majeure: Unforeseeable event interrupting production.
  • Lock-in: Requirement for workers to stay 24+ hours continuously at workplace.
  • Movie and Television Industry: Production, distribution, exhibition for commercial purposes including digital platforms.
  • Worker: Employee or independent contractor.
  • Workplace: Any location under control where production occurs and workers must attend.

Protection of Workers

  • Employers must protect workers in terms of hours, wages, benefits, health, safety, and working conditions; compliance with Labor Code and relevant laws is mandatory.

Agreement or Employment Contract

  • Contract must be executed before work begins, in understandable language.
  • Contract contents include job position/status, description, term, compensation details, authorized deductions, work hours, grievance mechanisms.

Non-Discrimination

  • No discrimination based on contracts with other productions unless exclusivity is specified and reasonable.
  • Prohibits discrimination on race, color, descent, ethnic origin, or religion.

Hours of Work

  • Standard 8 hours/day, max 14 hours/day, max 60 hours/week.
  • Special provisions for minors following child protection laws.
  • First 2 hours of special effects makeup excluded from working hours.
  • Includes waiting time, work during pre/post-production, travel to out-of-town shoots unless personal benefit gained.
  • Cancellation less than 8 hours before requires compensation unless due to force majeure.
  • Minimum 10 hours rest between workdays including lock-in shoots.
  • Overtime and night shift differential payable unless higher compensation agreed.

Transportation Expenses

  • Employer must provide transport or reimburse expenses for out-of-town projects unless contract states higher compensation.

Wages

  • Minimum wages comply with regional minimum.
  • Timely payment directly to worker.
  • No unauthorized wage deductions; payslips required detailing payments and deductions.

Social Security and Welfare Benefits

  • Mandatory coverage under SSS, Pag-IBIG, PhilHealth.
  • Employers may provide additional benefits.
  • Independent contractors responsible for their own contributions.

Basic Necessities

  • Employers to provide nutritious meals respecting health and religion.
  • Safe drinking water and accessible sanitary facilities including PWD-friendly toilets.
  • Separate dressing rooms with secure storage.
  • Safe, ventilated holding areas with emergency exits.
  • Free, safe accommodation for out-of-town work.
  • Safety officers and emergency vehicles during production.

Standard of Treatment

  • No abuse, harassment, physical violence, or acts degrading dignity.
  • Policies against sexual harassment aligned with applicable laws.
  • Procedures for resolving sexual harassment conflicts required.

Health and Safety

  • Compliance with occupational safety laws mandatory.
  • DOLE notification of production location and schedule required.
  • Joint liability for violations by employer, contractor, or subcontractor.
  • Risk assessment and hazard control by safety officers.
  • DOLE to provide manuals through stakeholder consultation.

Upskilling and Reskilling

  • TESDA to develop and implement continuous skill upgrading and training programs for workers.

Employment of Minors

  • Strict adherence to laws protecting minors (RA 7610 and RA 9231).

Insurance

  • Employers must provide insurance for work-related accidents or death at no cost to workers.

Duties and Responsibilities of Employers

  • Comply with occupational safety and health laws.
  • Promote safe, healthy working conditions.
  • Provide first aid and medical services.
  • Engage only trained workers.
  • Inform workers about hazards.
  • Assess safety of sets and locations; implement remedies.
  • Address environmental and structural hazards.
  • Ensure use of safety equipment.
  • Provide safety information including emergency contacts.
  • Conduct short daily safety meetings before shooting.

Right to Self-organization and Collective Bargaining

  • Workers may form or join labor organizations for collective bargaining and lawful concerted activities.

Contractor and Subcontractor

  • DOLE rules on contracting apply.
  • Prohibition of illegal labor contracting, with penalties including registration cancellation.

Settlement of Disputes

  • Unresolved grievances after conciliation/mediation go to appropriate agency.
  • Independent contractor disputes go to trial courts.

Movie and Television Industry Tripartite Council

  • Composed of government, employers, and workers' representatives.
  • Forum for consultation on policies and programs under labor law.

Penalties

  • Fines: P100,000 (1st offense), P200,000 (2nd), P500,000 (3rd+ offenses).
  • Fines for entities imposed on responsible officers.
  • Does not preclude other legal penalties.

Rights to Remuneration

  • Workers' intellectual property rights in performances protected under IP Code.
  • Possible transfer of rights by agreement.
  • Additional remuneration for subsequent use or broadcasting unless agreed otherwise.

Information and Education Campaign

  • Implemented by IPOPHL, DOLE, PIA, and others on IP rights protection for workers.

Effect on Existing Company Policies/Contracts

  • Minimum benefits do not diminish better existing terms or legal benefits.

Implementing Rules and Regulations

  • DOLE Secretary to issue rules within 90 days of effectivity in consultation with stakeholders.

Suppletory Clause

  • Labor Code and related laws apply supplementally.

Construction in Favor of Labor

  • Doubts in interpretation resolved in favor of workers.

Separability Clause

  • Unconstitutional provisions do not affect the rest of the law.

Repealing Clause

  • Laws inconsistent with this Act are repealed or amended accordingly.

Effectivity

  • Takes effect 15 days after publication in Official Gazette or newspaper.

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