By Brian Jules Campued
In honor of the late multi-awarded veteran actor, Eddie Garcia, President Ferdinand R. Marcos Jr. signed a law on protecting and ensuring the welfare of workers in the movie and television industry.
In a statement Tuesday, the Presidential Communications Office (PCO) said President Marcos signed Republic Act (RA) No. 11996 or the “Eddie Garcia Law” on May 24.
“The new law has taken into account the gravity of the accident that caused the death of Garcia while filming on the set,” the PCO said.
The Filipino movie icon died after tripping over loose wires while filming a series in 2019.
The new law reiterated the need for employers to comply with occupational safety and health standards provided in RA 11058 and RA 11036 by notifying the Department of Labor and Employment regional, provincial, or field offices with the production location and schedule.
“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,” it added.
Under the law, the worker and the employer or principal shall execute an agreement or an employment or an employment contract in a language or dialect understood by both parties before the commencement of service.
The contract must set the job description, period of employment, details of compensation and payment schedule which shall be paid at intervals not exceeding 16 days, as well as work hours.
The protection of the industry workers should also be in line with the Labor Code of the Philippines or Presidential Decree No. 442 as amended, and RA 11058 or the “Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations” and other applicable laws.
Some of the salient features of the law include:
- Non-discrimination against workers.
- The number of work hours shall be eight hours a day and can be extended to 14 hours, exclusive of meal periods.
- The total number of work hours shall not be more than 60 hours in a week.
- Waiting time inside the workplace is included in the total number of work hours.
- Time spent on ocular work, pre-production, and post-production activities is also part of work hours.
- Travel to and from out-of-town projects, provided that the worker cannot gainfully utilize the travel time for their own personal purpose, need, or benefit.
- If the shoot is canceled less than eight hours before schedule, the workers must be compensated unless force majeure.
- The employer must set at least a 10-hour rest period from packup to the next shoot day.
- The workers can also be entitled to overtime pay and transport service (or reimbursement for transportation expenses), unless the contract stipulates a higher compensation already.
- Minimum wage applies to workers, and shall not be less than the applicable minimum wage in the region where they are hired.
- All workers shall also be covered by and entitled to benefits provided by the Social Security System (SSS), the Home Development Mutual Fund or Pag-IBIG Fund, and the Philippine Health Insurance Corp. (PhilHealth) but independent contractors must secure it for themselves.
- Workers are also entitled to basic necessities, including nutritious meals, safe drinking water, access to toilets, dressing areas, and well-ventilated holding areas, among others.
- Workers can form guilds or organizations for the purpose of collective bargaining.
Senate President Pro Tempore Jinggoy Estrada and Senators Robinhood Padilla and Ramon Revilla Jr., who are all actors, welcomed the signing of the law as a significant milestone in protecting and promoting the welfare of industry stakeholders.
“Ngayon, may malinaw at makatarungan na mga patakaran na magbibigay na ng proteksyon sa kapakanan at karapatan sa trabaho ng mga manggagawa sa TV at movie industry,” Estrada said in a statement.
Padilla, likewise, expressed hopes of improved working conditions in the industry.
Revilla said the new law is like giving back to the industry where he was born into.
“Sobra akong nagagalak! We fought long and hard for the passage of this measure. This is a victory for our workers and the industry,” he added.
Meanwhile, Speaker Martin Romualdez said the new law is the promise of the Congress to give respect and security that the movie and TV industry workers deserve.
“For ordinary Filipinos, this law means more than just new rules and regulations. It means that their safety, their rights, and their well-being are being taken seriously. It means that when they step onto a set, they can do their jobs with the confidence that they are protected and valued,” Romualdez said in a statement.
1-Pacman Rep. Mikee Romero, for his part as a legislator and stepson of the late Garcia, thanked the President for signing the law as it means honoring the life and contributions to the entertainment industry.
According to Romero, the death of his stepfather “served as a wake-up call for the industry and for us policymakers in Congress that led to the enactment of the law protecting the welfare of workers in the movie and television industry”.
“Manong Eddie’s untimely death was not in vain with the enactment of the law bearing his name,” he added. – avds
