The Eddie Garcia Act: Protecting the Rights of Talents and Workers

Republic Act No. 11996, also known as the “Eddie Garcia Act”, is a law enacted to protect workers in the movie and television industry in the Philippines. It was approved into legislation on May 24, 2024. Its implementing rules and regulations, Department Order No. 246 series of 20204, was recently issued by the Department of Labor and Employment on October 10, 2024, pursuant to the rule-making authority of the Secretary of Labor and Employment of the Philippines, under Section 28 of Republic Act No. 11996, and as explicitly provided in Article 5 of the Labor Code of the Philippines.

Republic Act No. 11996 establishes the state’s policy of full labor protection, promoting employment equality, and recognizes the industry’s contribution to nation-building. The law, implemented by Department Order No. 246, aims to ensure decent work, social protection, the right to self-organization and collective bargaining, industry development, and skills upgrading.

Important Terms and Concepts under Republic Act No. 11996 and Department Order No. 246 series of 2024

Important Terms

Some important terms defined in the law and under Department Order No. 246 include:

Contractor: Refers to any person or entity engaged in a legitimate contracting or subcontracting arrangement providing services for a specific job or undertaking farmed out by the principal under a service agreement.
Employer or Principal: Refers to any person, natural or juridical, including contractor or subcontractor, who engages or hires the services of a worker in the movie and television industry.
Force Majeure: Refers to an unforeseeable or unavoidable event that interrupts a movie and television project and prevents workers from fulfilling their obligations relative to the project.
Independent Contractors: Individuals who possess unique skills and talents that set them apart from ordinary employees and whose means and methods of work are free from the control of the employer.
Lock-in: A condition or instruction where a movie and television project requires the workers to remain within the workplace for 24 hours or more continuously.
Movie and Television Industry: Refers to any market of sound and visual components primarily produced, distributed, and exhibited for commercial purposes in movies and television, including any related online or digital platform. It includes, but is not limited to, movie and television network stations, production outfits, airtime contractors, and other necessary and related industry production activities and services.
Movie and Television Project: Refers to the pre-production until post-production of motion pictures, videos, television programs, branded content, or commercials.
Output-based Worker: Any person whose compensation is calculated based on the quality or quantity of the work output, which includes “pakyaw” and other non-timed work.
Out-of-town: Refers to any work location that is more than 75 kilometers driving distance outside from the employer or principal’s primary place of business.
Post-production: The stage following the principal photography, where the editing is done, including but not limited to music scoring, color grading, sound design, and special effects editing.
Production: The principal photography stage where the movie or television project is actually shot.
Pre-production: The planning stage where elements involved in the audio-visual content are finalized, including but not limited to script and story development, script reading, location scouting, oculars, tech recces, visual alignments, set construction, props fabrication, prosthetics fabrication, set up, look test, wardrobe preparation, and rehearsal.
Rest Period: A turnaround time of not less than ten hours between the end of work on one day and the beginning of work on the next day for the same project.
Single-Entry Approach (SENA) Program: An administrative approach to provide a speedy, impartial, inexpensive, and accessible settlement procedure for all labor issues or conflicts to prevent them from ripening into full-blown disputes.
Special Effects Makeup: The process of using small and large scale pre-made prosthetics or other molds applied to an actor to simulate effects of wounds, scars, aging, or other visual requirements that will change an actor’s appearance.
Worker: An employee hired by the employer or an independent contractor engaged by the principal to render services for the movie and television project.
Workplace: Any location under the direct or indirect control of the employer or principal where the movie and television project is produced and where workers need to be present by reason of their work

Both the Republic Act No. 11996 and Department Order No. 246 series of 2024 provide similar key terms and definitions, although with some variations in wording. For instance, Republic Act No. 11996’s definition of “Movie and television industry” is slightly less detailed than the definition of Department Order No. 246 series of 2024.

Basic Concepts

The basic concepts found in Republic Act No. 11996 and the implementing rules include:

The law covers all workers in pre-production, production, and post-production, but excludes news and media productions
The duties of employers
The rights of workers
The requirement for employment contracts

Who are covered by Republic Act No. 11996 and Department Order No. 246 series of 2024

The coverage of all workers in pre-production, production, and post-production under the law and the implementing rules is defined in Section 2 of the “Implementing Rules and Regulations of Republic Act No. 11996. It states:

“This Rules apply to all workers, regardless of functions, roles, positions, or status, engaged in the pre-production, production, and post-production of movie and television projects in the movie and television industry, except news media and documentary productions.”

This means that all workers involved in any capacity during the pre-production, production, and post-production phases of movie and television projects are covered by the provisions of this law, with the exception of those working in news media and documentary productions.

Duties of Employers under Republic Act No. 11996 and Department Order No. 246 series of 2024

The duties of employers and principals in the movie and television industry, as outlined in the “Implementing Rules and Regulations of Republic Act No. 11996”, are as follows:

Compliance with Laws: Employers must comply with all laws, rules, and regulations regarding occupational safety and health in every movie and television project being produced.
Promotion of Safety: They are required to promote safety and provide safe working conditions for all workers.
Provision of Medical Supplies: Employers must provide and maintain appropriate first aid and medical supplies and services at all workplaces.
Engagement of Trained Workers: Only workers who are appropriately trained to perform their jobs should be engaged.
Hazard Awareness: Employers must inform all workers of any hazards they may be exposed to during production, as well as other safety and health concerns.
Safety Assessments: They are responsible for assessing all sets and locations for potential safety and health issues and implementing proper remedies and safeguards to address them.
Environmental and Structural Hazards: Employers must identify and address all environmental or structural hazards present in the workplace.
Use of Safeguards: They are required to use proper safeguards and means of personal protection, including checking all new and relocated equipment before it is placed in operation.
Safety Equipment: Employers must ensure that any necessary safety equipment and protective devices are being used or worn by workers.
Safety Information: They must provide safety information, which includes emergency numbers of nearest hospitals, fire stations, and similar establishments, as well as the location of safety, fire, and first aid equipment.
Daily Safety Meetings and Other Safety Protocols: Employers are required to conduct a two to five-minute meeting with all workers at the start of each shooting day to define safety and health issues. Specific details regarding safety protocols are extensively detailed in Department Order No. 246 Series of 2024, including the composition of safety committees, risk assessments, and reporting requirements.
Provision of Basic Necessities: Employers must provide basic necessities such as meals, water, sanitary facilities, and accommodation

Rights of Movie Actors, Actresses, and Workers under Republic Act No. 11996 and Department Order No. 246 series of 2024

The rights of movie actors, actresses, and workers under Republic Act No. 11996 and the “Implementing Rules and Regulations of Republic Act No. 11996” (Department Order No. 246 series of 2024) are outlined in various sections of these documents. Key rights include:

Right to Protection: Workers are entitled to protection in the workplace, which includes the implementation of hours of work, wages, social security, welfare benefits, health and safety standards, and insurance.
Right to Fair Compensation: Workers’ compensation shall not be lower than the prevailing minimum wage in the region where they are hired. Compensation must be paid directly to the worker as agreed upon in the employment contract.
Right to an Employment Contract: Before commencing work, workers must have an employment contract that includes job position, job description, period of employment, compensation details, hours of work, and a grievance mechanism.
Right to Non-Discrimination: No employment contract shall discriminate against a worker based on race, color, descent, national or ethnic origin, or religion. Workers have the right to engage with multiple production outfits unless exclusivity is specified in the contract.
Right to Safe Working Conditions: Employers must comply with occupational safety and health standards, provide safe working conditions, and ensure that workers are informed of any hazards they may face during production.
Right to Social Security and Welfare Benefits: All workers are entitled to benefits provided by the Social Security System (SSS), the Home Development Mutual Fund (Pag-IBIG), and the Philippine Health Insurance Corporation (PhilHealth).
Right to Basic Necessities: Employers must provide adequate meals, safe drinking water, clean sanitary facilities, and accommodations if required for out-of-town projects.
Right to Insurance: Workers must be adequately insured for work-related accidents or deaths at no cost to them.
Right to Self-Organization: Workers have the right to form, join, or assist in forming labor organizations for collective bargaining and mutual aid.
Right to Intellectual Property: Workers’ rights over their intellectual property, including performances, are protected, and they may receive additional remuneration for subsequent uses of their work.

These rights are designed to ensure the welfare and protection of workers in the movie and television industry, promoting fair treatment and safe working conditions. Corollary to these rights of the workers are concomitant obligations imposed upon them to ensure compliance with the law and the efforts of the employers to promote safety. These duties include:

Participation in Safety Programs: Workers are required to participate in capacity-building activities related to occupational safety and health and other related programs.
Cooperation with Employers: They must cooperate with the employer or principal in carrying out the provisions of the rules.
Reporting Hazards: Workers have the duty to report any work hazards that they may discover in the workplace to the employer, principal, or any responsible safety and health personnel.
Use of Safety Devices: They are required to make proper use of all safeguards and safety devices provided for their protection and that of others, following the provisions of the rules.
Compliance with Safety Procedures: Workers must comply with the prescribed safety and health procedures, instructions, and recommendations aimed at preventing and controlling work-related accidents, imminent danger situations, and diseases.

Requirements for Employment Contracts under Republic Act No. 11996 and Department Order No. 246 series of 2024

The requirements regarding the contracts of workers in the movie and television industry are clearly outlined onder Republic Act No. 11996 and Department Order No. 246 series of 2024. The law and the rules require that an employment contract or agreement must be executed between the employer or principal and the worker before the commencement of work. Moreover, the contract must include the following clauses:

Job position and status.
Job description and scope of work.
Period of employment or engagement.
Details of compensation, including rate, method, and schedule of payment, which must be paid at intervals not exceeding 16 days unless otherwise agreed.
Authorized deductions, if any.
Hours of work.
Grievance mechanism.

In addition, Republic Act No. 11996 and Department Order No. 246 series of 2024 outlaw certain clauses, which should not appear in the employment contracts of workers, to wit:

1. Clauses which are Discriminatory: No agreement or employment contract shall discriminate against a worker who has contracts or projects with other production outfits unless exclusivity is specified in the contract. Any act that involves preference based on race, color, descent, national or ethnic origin, or religion is also prohibited.

2. Unreasonable Provisions on Exclusivity: Exclusivity clauses must be reasonable and in accordance with the law. Contracts that impose unreasonable exclusivity or restrict workers’ rights to engage with other employers may be deemed invalid.

3. Abusive Provisions: Contracts must not contain any clauses that subject workers to abuse, physical violence, harassment, or any act that degrades their dignity.

Documents to be Submitted or Complied With under Republic Act No. 11996, as implemented by Department Order No. 246 series of 2024

Under Republic Act No. 11996, as implemented by Department Order No. 246 series of 2024, the following documents must be submitted or complied with:

1. Employment Contract or Agreement: As previously mentioned, before the commencement of work, an employment contract or agreement must be executed between the employer or principal and the worker, in the form, and with the contents required under the law.

2. Report to the Department of Labor and Employment (DOLE): The employer or principal is required to submit a report to the DOLE through the Establishment Report System within ten days but not later than 24 hours before the start of production activities for each movie and television project. This report must include:

– Name of the employer or principal and their authorized representatives and contact information.

– Number of employees and independent contractors, including children, if applicable.

– Summary of occupational safety and health risks and safety precautions initiated.

– Duration and schedule of the movie and television project.

– Production location of the movie and television project.

– Other information relevant to the safety and health of all workers.

6. Effects of Non-Compliance and Penalties:

Penalties for Violating Republic Act No. 11996 or Department Order No. 246 series of 2024

The penalties for violating Republic Act No. 11996, as outlined in both the Act and the Implementing Rules and Regulations (Department Order No. 246 series of 2024), are as follows:

1. Fines:

– For the first offense, a fine of up to One Hundred Thousand Pesos (₱100,000).

– For the second offense, a fine of up to Two Hundred Thousand Pesos (₱200,000).

– For the third and succeeding offenses, a fine of up to Five Hundred Thousand Pesos (₱500,000).

2. Liability of Corporate Entities: If the violation is committed by a corporation, trust, firm, partnership, association, or any other entity, the fines shall be imposed upon the entity’s responsible officers, including but not limited to the executive producer, producer, production manager, and business unit manager.

In addition, further penalties under other laws may also be imposed. The exact procedures for enforcement are detailed in various Department Orders cited throughout Department Order No. 246 series of 2024, such as Department Order No. 238, Series of 2023, which provide the Rules on the Administration and Enforcement of Labor Standards under Article 128 of the Labor Code of the Philippines.

This summary provides a general overview of the law and applicable provisions under the implementing rules. For detailed information and specific legal advice, consulting the full text of Department Order No. 238, Series of 2023 and Republic Act No. 11996, and and seeking professional legal counsel is recommended.

FAQs (Frequently Asked Questions)

What is Republic Act No. 11996?

Republic Act No. 11996, also known as the ‘Eddie Garcia Act,’ was enacted on May 24, 2024, to protect workers in the Philippine film and TV industry by ensuring decent work, social protection, and collective bargaining rights.

What are the key provisions of Department Order No. 246, Series of 2024?

Department Order No. 246 establishes the implementing rules and regulations for Republic Act No. 11996, covering worker rights, employer duties regarding safety and health, employment contract requirements, and penalties for violations.

Who is covered under Republic Act No. 11996?

The act covers all workers involved in the pre-production, production, and post-production stages of film and TV projects in the Philippines, excluding news and media productions.

What are employers required to do under this law?

Employers must comply with occupational safety and health laws, provide safe working conditions, ensure the use of safety equipment, conduct daily safety meetings, and provide basic necessities to their workers.

What penalties are imposed for violations of Republic Act No. 11996?

Penalties include fines up to ₱100,000 for the first offense, ₱200,000 for the second offense, and ₱500,000 for third and subsequent offenses. Corporate entity officers may also be held liable.

About Nicolas and De Vega Law Offices

If you have questions in labor matters, or need advice on intellectual property law related concerns, we can help you. Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com.

Protecting the Rights of Talents and Workers in the Movie and Television Industry