President Ferdinand R. Marcos Jr. has enacted a new law inspired by the tragic passing of actor Eddie Garcia. Signed on May 24, 2024, Republic Act No. 11996, known as the “Eddie Garcia Law,” aims to safeguard the rights and well-being of workers in the film and television industry.
Veteran actor Eddie Garcia died in 2019 due to an accident while shooting a TV series. His death highlighted the urgent need for stricter safety protocols to prevent similar incidents in the entertainment industry.
The law aims to enhance the protection of workers in the movie and television industry by improving safety and working conditions, regulating work hours, mandating welfare benefits, providing insurance coverage, ensuring the right to collective bargaining, and requiring employers to comply with the minimum labor standards in the Philippines. It also acknowledges the intellectual property rights of entertainment industry workers.
Salient Portions of R.A. 11996
Terms of Employment
Before work commences, an agreement or employment contract must be executed between the worker and the employer or principal, in a language or dialect understood by both parties. The contract must include job position and status, job description, period of employment, compensation details, authorized deductions, hours of work, and grievance mechanism.
Non-Discrimination Against Workers
No agreement or employment contract shall impose discrimination against a worker engaged in contracts or projects with other production companies, unless exclusivity is explicitly stated in the contract. Furthermore, no individual shall engage in any act that favors or discriminates based on race, color, descent, national or ethnic origin, or religion, if such actions result in the denial, limitation, or unequal exercise of any human right or fundamental freedom. Provided, however, that any exclusivity requirement must be reasonable and in accordance with law.
Working Conditions and Standards
The law stipulates that the hours of work should be based on the terms and conditions in the agreement or employment contract. The work day is generally eight (8) hours but can be extended to fourteen (14) hours. The total number of work hours should not exceed sixty (60) hours in a week. There should be a rest of period of at least ten (10) hours between work days.
Workers should receive at least the minimum wage applicable to the region where they were hired. Furthermore, all workers should be covered by SSS, Pag-Ibig, and Philhealth.
Employers or principals are required to provide basic necessities such as potable drinking water, clean and accessible toilets, private dressing rooms, safe and comfortable holding areas, free accommodation for out-of-town projects, and safety officers and dedicated vehicles for emergencies. Employers and principals must comply with occupational safety and health standards.
Duties and Responsibilities of the Employer or Principal
Employers and principals are responsible for ensuring occupational safety and health in every production by adhering to all relevant laws, rules, and regulations. They must promote a safe working environment by maintaining proper working conditions and providing necessary first aid and medical supplies at all workplaces.
Additionally, only workers with appropriate training should be engaged, and they must be informed of potential hazards. Set locations should undergo thorough safety and health assessments, with any environmental or structural hazards promptly addressed. Employers and principals must also ensure the proper use of safeguards and personal protective equipment.
Clear safety information, such as emergency contacts and the location of safety equipment, should be readily available. Lastly, a brief safety meeting should be conducted at the start of each shooting day to discuss health and safety protocols with all workers.
Standard of Treatment
The employer or principal shall not subject workers, nor permit them to be subjected, to any form of abuse, physical violence, harassment, or any act that undermines their dignity. They must establish and implement policies, rules, and regulations to prevent sexual harassment in the workplace, in accordance with Republic Act No. 7877 (the “Anti-Sexual Harassment Act of 1995”), Republic Act No. 11313 (the “Safe Spaces Act”), and Republic Act No. 11036 (the “Mental Health Act”). These policies must also include procedures for resolving conflicts related to sexual harassment.
Movie and Television Industry Tripartite Council
The law likewise created the Movie and Television Industry Tripartite Council. The Council is comprised of government representatives and representatives from the employers or principals and workers in the movie and television industry. The Council was created to encourage continuous communication and collaboration between the government, employers, and workers in the industry. In this way, the Council acts as an ongoing platform for tripartite advice and consultation with industry stakeholders on policies and programs to be implemented in accordance with the Labor Code.
Protection of Intellectual Property Rights
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 the “Intellectual Property Code of the Philippines”. This clause does not hinder the worker from agreeing to transfer all intellectual property rights to the employer or principal for any work created during their relationship or engagement.
Unless stated otherwise in their contract, the worker is entitled to additional payment, as outlined in Section 206 of the “Intellectual Property Code of the Philippines” for each use or broadcast of their performance or intellectual property.
The new provisions of the Eddie Garcia Law mark a significant step forward in ensuring the safety and well-being of workers in the entertainment industry. By mandating stricter safety protocols, improving health protections, and providing greater accountability for employers, the law stands as a testament to the industry’s commitment to protecting its workforce. These provisions not only honor the legacy of Eddie Garcia but also pave the way for a more secure and equitable environment for future generations of actors, crew members, and all those who contribute to the entertainment world. As the law continues to evolve, it is crucial for both employers and workers to stay informed and engaged, ensuring that its full potential is realized for the benefit of all.
