Nineteenth Congress
Second Regular Session
[ REPUBLIC ACT NO. 11996, May 24, 2024 ]
AN ACT PROTECTING THE WELFARE OF WORKERS IN THE MOVIE AND TELEVISION INDUSTRY
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Eddie Garcia Act".
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to accord full protection to labor and promote full employment and equality of employment opportunities for all. The State recognizes the economic, social, and cultural contributions to nation-building of workers in the movie and television industry. Towards this end, the State shall promote and strengthen observance of decent work, comprehensive social protection coverage to all sectors of the industry, including the self-employed, the free exercise of the right to self-organization and to collectively bargain, the development and competitiveness of the industry, and skills upgrading in all sectors of the industry.
Accordingly, a review of the working conditions in the industry shall be undertaken regularly to ensure that workers are provided opportunities for gainful employment or work engagements and decent income, and are protected from abuse, harassment, hazardous working conditions, and economic exploitation.
Section 3. Coverage. - This Act applies to all workers engaged in the movie and television industry regardless of functions, roles, positions, or status.
Section 4. Definition of Terms. - As used in this Act:
(a) Employer or principal refers to any person, natural or juridical, including contractor or subcontractor, who engages or hires the services of a worker in the movie and television industry;
(b) Force majeure refers to an unforeseeable or unavoidable event that interrupts a television or movie production and prevents workers from fulfilling their obligations relative to the production;
(c) 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;
(d) Movie and television industry refers to any market of sound and visual components primarily produced, distributed and exhibited for commercial purposes in movie and television including any related online or digital platform. It includes, but is not limited to, movie and television network stations, production outfits, airtime contractors, and other necessary and related industry activities and services;
(e) 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; and
(f) Workplace refers to any location under the direct or indirect control of the employer or principal where the movie and television content is produced and where workers need to be present or to go to by reason of their work.
Section 5. Protection of Workers. - The worker shall be protected by their employers or principal in the workplace, and shall implement the hours of work, wages and other wage-related benefits, social security, and welfare benefits, basic necessity, health and safety, working conditions and standards, and insurance, as provided in this Act, Presidential Decree No. 442, or the "Labor Code of the Philippines", as amended, Republic Act No. 11058, entitled "An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof", and other applicable laws.
Section 6. Agreement or Employment Contract. - The worker and the employer or principal shall execute an agreement or an employment contract in a language or dialect understood by both parties before the commencement of service.
Section 7. Content of the Agreement or Employment Contract. - The employer or principal shall provide the worker a copy of the duly signed agreement or employment contract which shall include the following:
(a) Job position and status;
(b) Job description;
(c) Period of employment or engagement;
(d) 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;
(e) Authorized deduction, if any;
(f) Hours of work; and
(g) Grievance mechanism.
Section 8. Non-Discrimination Against Workers. - 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: Provided, That exclusivity shall be reasonable in accordance with law.
Section 9. Hours of Work. - 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.
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 or the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act", as amended by Republic Act No. 9231.
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. Workers may not be compensated in cases of cancellation due to force majeure.
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. Transportation Expenses. - 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.
Section 11. Wages. - The minimum wage of a worker shall not be less than the applicable minimum wage in the region where the worker is hired. Wages 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. The employer or principal shall at all times provide the worker with a copy of the payslip containing the amount paid, and indicating all deductions made, if any.
Section 12. Social Security and Welfare Benefits. - 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.
Independent contractors shall be solely responsible for their contributions for the aforementioned social security systems.
Section 13. Basic Necessities. - The employer or principal shall provide for the basic necessities of the worker as follows:
(a) Adequate and nutritious meals, with due consideration to the workers' health and religion;
(b) Sufficient and readily accessible supply of safe drinking water;
(c) 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;
(d) 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;
(e) Safe, clean, comfortable, and properly ventilated holding areas with emergency exits;
(f) Free, safe, and adequate accommodation if services are required to be rendered in an out-of-town location; and
(g) Safety officers and dedicated vehicles for emergency purposes in the production whether on out-of-town location or not.
Section 14. Standard of Treatment. - 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 shall set in place policies, rules, and regulations to prevent sexual harassment in the workplace in conformity with the provisions of Republic Act No. 7877, or the "Anti-Sexual Harassment Act of 1995", Republic Act No. 11313 or the "Safe Spaces Act", and Republic Act No. 11036 or the "Mental Health Act". Such policies, rules, and regulations shall include procedures for the resolution of any conflict involving sexual harassment.
Section 15. Health and Safety. - The employer or principal shall strictly comply with the occupational safety and health standards provided in Republic Act No. 11058 and Section 25 of Republic Act No. 11036.
The employer shall timely notify the Department of Labor and Employment (DOLE) Regional, Provincial, or Field Office with the production location and schedule. In cases of violations of occupational health and safety standards, the employer, contractor or subcontractor shall be jointly and solidarily liable.
The safety officer of the employer or principal shall conduct a risk assessment of the workplace or location of production to identify and eliminate or control any potential hazard to the workers.
For this purpose, the DOLE shall, in consultation with workers' organizations and groups, employers or principals, agencies, and field experts, formulate the manual and facilitate its thorough distribution to all relevant stakeholders.
Section 16. Upskilling and Reskilling of Workers. - The Technical Education and Skills Development Authority (TESDA) shall, in collaboration with relevant government agencies and various stakeholders, develop and implement a system of continuing skills upgrading, reskilling, and training of workers in the movie and television industry.
Section 17. Employment of Minors. - The employer or principal shall strictly adhere to the provisions of Republic Act No. 7610 as amended by Republic Act No. 9231.
Section 18. Insurance. - 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.
Section 19. Duties and Responsibilities of the Employer or Principal. - It is the duty of the employer or principal of the movie and television industry to:
(a) Comply with the laws, rules and regulations regarding occupational safety and health in every movie and program being produced;
(b) Promote safety and provide safe working conditions;
(c) Provide and maintain at all workplaces appropriate first aid and medical supplies and services;
(d) Only engage workers who are appropriately trained to perform their jobs;
(e) Ensure that all workers who may be affected by a potential hazard are made aware of the existence of the hazard to which they may be exposed in the course of production, as well as other safety and health concerns;
(f) Ensure that all sets and locations have been properly assessed for any potential safety and health issues and that proper remedies and safeguards are implemented to deal with any of these issues;
(g) Ensure that all environmental or structural hazards identified are adequately and properly addressed and corrected;
(h) Ensure that the use of proper safeguards and means of personal protection includes a careful check of all new and relocated equipment before it is placed in operation;
(i) Require that any necessary safety equipment and protective devices are being used or worn;
(j) Provide safety information which shall include, but not limited to, emergency numbers of nearest hospitals, fire stations and similar establishments; emergency personnel in the workplace; and location of safety, fire and first aid equipment; and
(k) Conduct a two (2) to five (5)-minute meeting with all workers every start of the shooting day to define safety and health issues.
Section 20. Right to Self-organization and Collective Bargaining. - 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.
Section 21. Contractor and Subcontractor. - The provisions of DOLE issuances on contracting and subcontracting arrangement shall apply in the movie and television industry.
Acting as a labor contractor or engaging in the "cabo" system, or otherwise engaging in any activity prohibited by law, shall constitute grounds for cancellation of the registration of any person, group of persons, or labor group.
Section 22. Settlement of Disputes. - Upon the exhaustion of the conciliation and mediation, all unresolved grievances shall be elevated to the appropriate agency having jurisdiction over the issue.1aшphi1 In cases of independent contractors, any dispute shall be resolved by the trial courts having jurisdiction therein.
Section 23. Movie and Television Industry Tripartite Council. - There shall be a Movie and Television Industry Tripartite Council comprised of govenrment representatives and representatives from the employers or principals and workers in the movie and television, industry. The Council shall serve as a continuing forum for tripartite advisement and consultation with the industry stakeholders on policies and programs pursuant to the provisions of Republic Act No. 10395, otherwise known as "An Act Strengthening Tripartism, Amending for the Purpose Article 275 of Presidential Decree No. 442, as Amended, Otherwise known as the Labor Code of the Philippines".
Section 24. Penalties. - Any person who violates any section of this Act shall be fined as follows:
(a) Up to One hundred thousand pesos (P100,000.00) for the first offense;
(b) Up to Two hundred thousand pesos (P200,000.00) for the second offense; and
(c) Up to Five hundred thousand pesos (P500,000.00) for the third and succeeding offenses.
These fines are without prejudice to the imposition of other penalties under other laws.
If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the fines shall be imposed upon the entity's responsible officers, including, but not limited to, the executive producer, producer, production manager, and business unit manager.
Section 25. Rights to Remuneration. - The rights of a worker over intellectual property, consisting of the worker's performance on all movie and television production, shall at all times be protected and secured pursuant to the provisions of Republic Act No. 8293 or the "Intellectual Property Code of the Philippines", as amended. Nothing herein shall prevent the worker from agreeing to transfer all intellectual property rights in favor of the employer or principal, with regard to the work product arising from their relationship and/or engagement. Unless otherwise stipulated or provided in the contract between the worker and the employer or principal, a worker shall enjoy additional remuneration consistent with Section 206 of Republic Act No. 8293 for every subsequent use or broadcasting of such performance or intellectual property.
Section 26. Information and Education Campaign. - The Intellectual Property Office of the Philippines, the DOLE, the Philippine Information Agency, and other pertinent national government agencies shall implement and initiate the information and education campaign on the protection of the intellectual property rights of workers in the movie and television industry, as enshrined in Republic Act No. 8293.
Section 27. Effect on Existing Company Policies and Contracts or Collective Bargaining Agreements (CBAs). - The minimum benefits provided in this Act shall be without prejudice to any existing company policy, contract or CBA providing better terms and conditions of employment. Furthermore, nothing in this Act shall diminish the benefits under existing laws currently enjoyed by the worker.
Section 28. Implementing Rules and Regulations. - Within a non-extendible period of ninety (90) days from the effectivity of this Act, the Secretary of the DOLE, in consultation with the Council, other concerned government agencies, nongovernment organizations, and other stakeholders, shall promulgate the necessary rules and regulations for the effective implementation of this Act.
Section 29. Suppletory Clause. - The provisions of Presidential Decree No. 442, as amended, Republic Act No. 11058, and other applicable laws shall have suppletory application to this Act.
Section 30. Construction in Favor of Labor. - All doubts in the implementation and interpretation of the provisions of this Act, including its implementing rules and regulations, shall be resolved in favor of labor.
Section 31. Separability Clause. - If any provision of this Act is held unconstitutional, the remainder thereof not otherwise affected shall remain in full force and effect.
Section 32. Repealing Clause. - All laws, decrees, executive orders, rules and regulations and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.
Section 33. Effectivity. - This Act shall take effect after fifteen (15) days following the completion of its publication either in the Official Gazette or in a newspaper of general circulation.
Approved,
(SGD.) FERDINAND MARTIN G. ROMUALDEZ
Speaker of the House of Representatives |
(SGD.) JUAN MIGUEL F. ZUBIRI
President of the Senate
|
This Act was passed by the Senate of the Philippines as Senate Bill No. 2505 on February 19, 2024 and adopted by the House of Representatives as an amendment to House Bill No. 1270 on March 6, 2024.
(SGD.) REGINALD S. VELASCO
Secretary General House of Representatives |
(SGD.) RENATO N. BANTUG, JR.
Secretary of the Senate |
Approved: MAY 24, 2024
FERDINAND ROMUALDEZ MARCOS JR.
President of the Philippines
The Lawphil Project - Arellano Law Foundation
