Camarines Sur Rep. and National Unity Party (NUP) president LRay Villafuerte has expressed the hope that the Department of Labor and Employment (DOLE) would be able to put up this year a tripartite council meant to guarantee all workers in the film and TV-radio entertainment industries a safe environment in their workplace, including commensurate compensation and regulated work hours for their unconventional job schedules.
Villafuerte said the DOLE’s creation of a Film, Television and Radio Entertainment Industry Tripartite Council would happen once the Senate passes its counterpart version to a proposed legislation—the consolidated House Bill (HB) 1270—that was recently passed on third and final reading by a 240-0 vote in the bigger chamber.
In the past Congress, Villafuerte had filed House Resolution (HR) 195 urging the House committee on labor and employment to probe the occupational health and safety of workers in the entertainment industry, in light of Garcia’s death while on location shooting for the teleserye “Rosa Agimat” of the GMA Network Inc.
A lead author of HB 1270, Villafuerte said this Council is envisioned to help oversee the implementation of the House-passed “Eddie Garcia Act,” which seeks full job protection for all workers in these three sectors, including independent contractors who are hired to do production work and other services like distribution and exhibition of content.
“Such labor-related protection during their work hours and adequate or commensurate compensation for their services are required by the House-passed bill for all of the work hours of these regular and contractual workers, more so when their jobs involve out-of-town shoots and/or lock-in production requiring them to stay within sets or location sites for 24 hours straight or even for several days or months,’ Villafuerte said.
This bill was named after multi-awarded actor-director Eddie Garcia, who died at a Makati City hospital in June 2019, following an accident that was traced to an alleged negligence on safety protocols in Manila where a new TV series featuring him was being shot on location.
In the past Congress, Villafuerte had filed House Resolution (HR) 195 urging the House committee on labor and employment to probe the occupational health and safety of workers in the entertainment industry, in light of Garcia’s death while on location shooting for the teleserye “Rosa Agimat” of the GMA Network Inc.
The consolidated bill fixes normal work hours at 8 hours a day, which can be extended to a maximum of 12 hours, served intermittently or continuously, exclusive of meal periods.
This bill states that in no case shall the total number of work hours be more than 60 hours in a week, with exceptions thereto to be determined by the Tripartite Council.
Villafuerte said the Tripartite Council shall serve as a link among employers or principals, workers or independent contractors, cinematographers, artists, directors, assistant directors, composers and writers, production designers, animators, talent managers, videographers, photographers, digital radio technology experts, television and radio entertainment, radio drama casts, digital creators, make-up artists, professional speakers, stunt persons, camera men, background performers, and non-government organizations concerned with labor issues.
Tis Council shall also provide the film, television and radio entertainment industries, he said, with a platform for the employers or principals and workers or independent contractors to represent their respective groups in the crafting of policy decisions that will affect them and the industry as a whole, and serve as an avenue to express their aspirations, present their programs or bridge gaps in cases of conflict among them, subject to the accreditation of the DOLE.
These employees shall be covered by the Social Security System (SSS), the Home Development Mutual Fund (Pag-IBIG Fund) and the Philippine Health Insurance Corp. (PhilHealth) upon employment, and their monthly contributions shall be jointly shared by the employee and the employer, when applicable, in accordance with existing rules and regulations.
This bill unanimously passed by the House is a consolidated version of six similar measures led by HB 1270 that was endorsed for plenary approval by the House committee on labor and employment, chaired by Rizal Rep. Juan Fidel Felipe Nograles, before the Dec. 17-Jan. 22 yearend break of the 19th Congress.
Villafuerte introduced his version of the bill last year with three fellow CamSur legislators—Reps. Miguel Luis Villafuerte and Tsuyoshi Anthony Horibata, and the Bicol Saro partylist
As noted by Villafuerte in HR 195 that he filed in the previous Congress, Garcia had fallen face down on the pavement after tripping on a cable wire, leading to “a cervical fracture which allegedly caused his untimely death 12 days into comatose.”
Subsequent investigations revealed, said Villafuerte in HR 195, that there was no first-aid treatment provided to the veteran actor, and neither was there a medical team available within the vicinity of the shooting location—in violation of the Labor Code’s provisions on occupational safety—so the unconscious Garcia was “rushed to Mary Johnston Hospital then transferred to the Makati Medical Center due to the unavailability of competent and responsive medical attention. (He) suffered a cervical fracture which allegedly caused his untimely death 12 days into comatose.”
Villafuerte said safe working conditions and commensurate pay and other benefits must be guaranteed for workers in the movie and TV-radio entertainment business, as they make a living in “one of the industries whose work hours are unorthodox … They clock in depending on the needs of the shoot and work extra for preparations prior.
As they do not follow the regular 8-AM-to-5-PM work hours, there is a need to regulate the working conditions of this industry to avoid cases of overworking among their workforce,” he said.
Villafuerte said the death of two film-TV directors in 2016, “sparked talks among the industry of unhealthy working conditions.”
The House-passed consolidated bill intends to address this difficult situation “by legislating proper working conditions for the Movie and Television Industry.”
In a counterpart measure (Senate Bill or SB 450), Sen. Robinhood Padilla had identified Edwin “Wenn” Deramas and Francis Xavier Pasion as these two film-TV directors who both died six years ago.
HB 1270 states that, “Per the Directors Guild of the Philippines (DGP), productions would go from 16 to 24 continuous work hours per set and would cram to save on costs. According to actors, there are days when shooting would last more than 24 continuous hours.”
Villafuerte said the House-passed consolidated bill intends to address this difficult situation “by legislating proper working conditions for the Movie and Television Industry, mandating that the work hours by the worker or talent do not exceed 8 hours. Overtime work is also taken into consideration and should not exceed more than 12 hours in a 24-hour period.”
“The consolidated bill also provides for proper compensation and facilities, such as transportation and accommodation, for talents and workers working in location shoots, as well as social service benefits,” he added.
In order to enforce this, he said penalties are imposed under HB 1270 on a network or company that violates the provided working conditions.
“This bill takes inspiration from the DOLE’s Labor Advisory No. 04-2016, which aims to provide a work culture that is just and fair for everyone,” he said.
Given that the State recognizes the economic, social and cultural contributions to nation-building of workers or independent contractors in the film and television-radio entertainment industry, Villafuerte said: “The government should continually review working conditions to ensure that these workers are provided opportunities for gainful employment and decent income, and are protected from abuse, harassment, hazardous working conditions and economic exploitation.”
Permissible working hours in excess of the normal work hours shall be determined by the proposed Tripartite Council, except for the following:
· Workers or independent contractors aged 60 and above who shall be allowed to work beyond 12 hours in any 24-hour period; Provided, that said workers or independent contractors voluntarily execute a waiver in the proper form prescribed by the DOLE; and
· Minors whose working hours shall be in accordance with the pertinent provisions of Republic Act (RA) No. 9231, or the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.”
He said the bill mandates employers to comply with occupational safety and health standards, promote mental health and prevent sexual harassment in the workplace.
Under the bill, work hours should include “waiting time,” in which the workers or independent contractors are required to stay within the premises of the workplace and shall be duly compensated.
Workers or independent contractors working on a scheduled shooting day shall be compensated based on work hours that shall commence upon one’s entry into the workplace and until one’s departure from work, it states.
Likewise, all time during which the workers or independent contractors are required to work, including time spent on ocular work, pre-production and post-production activities are considered work hours and are compensable.
The minimum wage of workers or independent contractors shall not be less than the applicable minimum wage in the region, and such wages shall be paid on time, as agreed upon in the contract, directly to the workers or independent contractors.
Employers or principals are required by the consolidated bill to strictly adhere to the provisions not only of RA 9231 but also of RA 7610 or the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.”
Citing Speaker Martin Romualdez’s view, Villafuerte said ‘The Eddie Garcia Act” would benefit thousands of people working in the entertainment sector.
In a statement, Romualdez said: “It would ensure that they continue to have gainful employment and protect them against abuse, harassment, dangerous working environment and exploitation.”
