Protection for movie, TV workers

Protection for movie, TV workers | Daily Tribune

On 13 June 2024, almost five years after the death of veteran actor Eddie Garcia, while he was shooting for a show, Republic Act 11996 took effect.

This new law, known as the “Eddie Garcia Law,” aims to protect the movie and industry workers from hazardous working conditions and economic exploitation by compelling the employer/principal to comply with the requirements mandated by labor laws.

It, likewise, secures the worker’s rights over intellectual property, consisting of his/her performance on all movie and television production, pursuant to the Intellectual Property Code. The law obliges the employer/principal and worker to execute an agreement or employment contract before the commencement of service.

This contract should include the following, among others:

(i) wages which shall not be less than the applicable minimum wage in the region where the worker is hired;

(ii) details of compensation and benefits including rate and schedule of payment which shall be paid at intervals not exceeding 16 days, unless otherwise agreed upon by the parties; and

(iii) hours of work which shall be eight hours a day and may be extended to a maximum of 14 hours subject to overtime pay unless already incorporated in the agreement which stipulates a higher compensation; but in no case shall the total number of wok hours be more than 60 hours in a week.

Hours of work also includes waiting time, travel to and from out-of-town projects provided that the worker cannot utilize the travel time for his/her personal need or benefit, and scheduled shoots which were cancelled less than eight hours immediately preceding the approved schedule, provided that it is not due to force majeure.

For minors, their working hours must comply with the provisions of Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.

The employer/principal is also mandated to provide (i) basic necessities such as safety officers and dedicated vehicles for emergency purposes in the production, (ii) transportation expenses or reimbursements, and (iii) social security and welfare benefits provided by the Social Security System, Home Development Mutual Fund or the Pag-IBIG Fund, and the Philippine Health Insurance Corporation.

Further, the new law did not just require the employer/principal to strictly comply with the occupational safety and health standards provided by law, it also forces the employer/principal to adequately insure the workers, at no cost to the latter, for work-related accidents or death in every movie and television production.

Another salient feature of the law is the recognition of the rights to remuneration of a worker for every subsequent use or broadcasting of his/her performance or intellectual property equivalent to at least 5 percent of the original compensation he/she received for the first communication or broadcast unless otherwise provided in the contract.

It also allows the workers to agree to transfer all intellectual property in favor of the employer/principal with regard to the work product arising from their relationship and/or engagement.

Any person who violates any of the provisions of the Eddie Garcia Law shall be fined up to P100,000 (first offense), P200,000 (second offense), or P500,000 (third and subsequent offense), without prejudice to the imposition of other penalties under other laws. If the violation is committed by a corporation, partnership, or other entity, the fines shall be imposed upon the responsible officers such as the executive producer, production manager, and business unit manager.

For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.