National Unity Party (NUP) president LRay Villafuerte is bullish on prospects for actors and workers in the film and TV-radio entertainment industries to soon have a safe environment in the workplace along with proper compensation and other benefits for their unconventional work schedules.
Villafuerte voiced optimism on the congressional passage soon of the proposed “Eddie Garcia Act,” following the recent Senate approval on third reading of its version of this measure—Senate Bill (SB) No. 2505—that seeks to provide labor protection to all workers in this sector, including independent contractors who are hired to do production work and other services like distribution and exhibition of content.
The industry workers entitled to the proposed labor benefits include directors, assistant directors, cinematographers, artists or actors, 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, independent contractors hired to do production work.
The House of Representatives passed in February 2023 yet House Bill (HB) No. 1270 principally authored by Villafuerte that aims for full protection for the industry’s workers and independent contractors during all of their work hours, including on-location assignments.
HB 1270 is the consolidated version of Villafuerte’s bill along with six other similar measures.
SB 2505 was passed on third reading last Feb. 19.
Villafuerte said, “The proposed protection covers the industry workers’ out-of-town shoots and/or lock-in production requiring them to stay within sets or location sites for days or even months.”
“We are looking forward to the approval soon by both the House and the Senate of the ‘Eddie Garcia Act,’ for all industry workers, including independent contractors hired to do production work and other services like distribution and exhibition of content, and to include out-of-town shoots and/or lock-in production work that require them to stay in location sites for 24 hours straight or even for several days or months,” Villafuerte said.
This pro-workers bill was named after the late multi-awarded actor-director Eduardo Garcia (screen name: 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 at the site where a new TV series featuring him was being shot on location in Manila’s Tondo district.
The House committee on labor and employment chaired by Rizal Rep. Juan Fidel Felipe Nograles last year endorsed the House approval of the consolidated bill.
Villafuerte had authored HB 1270 with his fellow CamSur Reps. Miguel Luis Villafuerte and Tsuyoshi Anthony Horibata along with the Bicol Saro party-list, in the hope of providing full workplace protection to all industry workers and prevent a repetition of Garcia’s death resulting from an accidental fall during a location shooting five years ago.
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 doing the teleserye “Rosa Agimat” of the GMA Network Inc.
As noted in HR 195, 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 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.
As a result, 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.”
HB 1270’s four authors pointed out in their bill that 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.”
They said in the bill that the death of two film-TV directors in 2016, “sparked talks among the industry of unhealthy working conditions.”
In SB 450, Sen. Robinhood Padilla had identified Edwin “Wenn” Deramas and Francis Xavier Pasion as these two film-TV directors who both died eight years ago.
Villafuerte said in HB 1270 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.”
He said the consolidated bill intends to address this difficult situation, they said, “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 Department of Labor and Employment (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.”
The industry workers entitled to the proposed labor benefits include directors, assistant directors, cinematographers, artists or actors, 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, independent contractors hired to do production work.
This measure 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.
Permissible working hours in excess of the normal work hours shall be determined by the bill-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.”
The consolidated 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.
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.
If a scheduled shoot is cancelled less than 24 hours immediately preceding its approved schedule, the bill states that all on-call workers or independent contractors engaged for the day who are outside the premises of the set or location shall likewise be compensated.
However, it adds, that workers or independent contractors may not be compensated in cases of cancellation because of “force majeure,” which refers to “an unforeseeable or unavoidable event that interrupts a production and prevents workers or independent contractors from fulfilling their obligations to the production.”
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.
The employer or principal shall not make any deductions from the wages unless otherwise required or allowed by law, and they have to provide their workers or independent contractors with copies of their pay slips, containing the corresponding amounts paid and indicating all deductions made, if any.
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.
The bill directs employers or principals to provide for the basic necessities of the workers or independent contractors—adequate and nutritious meals every 6 hours from start of work; sufficient supply of safe drinking water; clean and enclosed person-with-disability (PWD)-friendly and gender-considerate toilets with sanitary facilities, whether on location or not.
It also requires private dressing rooms, whether on location or not, with adequate provisions for proper safekeeping of the workers’ and independent contractors’ valuables; safe, clean, comfortable and properly ventilated holding areas with emergency exits during location activities; free and safe accommodations if services are required to be rendered in an out-of-town location; and dedicated vehicles for emergency purposes that are readily available in the production set.
For health and safety considerations, the bill mandates employers or principals to strictly comply with the occupational safety and health standards provided in RA 11058 or “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations thereof” and RA 11036 or the “Mental Health Act.”
Employers or principals are required by the consolidated bill to strictly adhere to the provisions of RA 7610 or the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act,” and RA 9231 or the “Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the Working Child Act.”
Workers or independent contractors shall be adequately insured by the employer or principal for work-related accidents or death in every entertainment production.
