An administration lawmaker is expecting stronger safeguards in the workplace and better compensation for the ordinary movie and television workers now that the Department of Labor and Employment (DOLE) has issued the implementing rules and regulations (IRR) for Republic Act (RA) No. 11996, or the “Eddie Garcia Act” of 2024, which provides labor safeguards for all workers in the sector.
Camarines Sur Rep. Villafuerte, a principal author of the law, said the implementation of the new law will help protect independent contractors who are hired to do production work and other services like distribution and exhibition of movies or TV shows, an industry known for its unconventional work schedules, which sometimes require worker to stay in location sites for 24 hours straight or even for several days or even months.
“With the DOLE’s recent issuance of the IRR of the ‘Eddie Garcia Act,” we look forward to our actors and other workers in the film and TV industry soon having a safer environment in their workplace along with proper compensation and other benefits for their unconventional work schedules,” Villafuerte, a principal author of RA 11996, said in a statement.
President Marcos signed RA 11996 in to law last May, which was the approved final version of House Bill or HB 1270, a consolidation of six similar bills, including Villafuert’s House Bill No. 1270.
In a recent statement, DOLE Secretary Bienvenido Laguesma said that Department Order No. 246, series of 2024, which was issued last Sept. 30, provides for the IRR of RA 11996 to include “the protection of labor rights, promotion of decent work, and equality of employment opportunities for all movie and television industry workers.”
“These (workers) include those engaged in the preproduction, production, and post-production in movie and television activities, excluding news media and documentary productions,” Laguesma said.
Under the IRR, film and TV workers must be provided with contracts detailing job positions, just compensation commensurate with skills and competencies, normal working hours of eight (8) hours and not over 14 hours or no longer than 60 hours weekly, social security benefits, and insurance against accidents at no cost to them, said Laguesma.
The IRR provides, too, he said, for the responsibilities of employers such as the provision of safe working conditions, including first aid, proper safety equipment, and regular safety meetings, as well as compliance with safety standards set under existing laws and the submission of safety programs to DOLE.
It also requires adequate meals, safe drinking water, proper rest facilities, and accommodation to all covered workers, and slaps on IRR violators a fine ranging ranging from P100,000 to P500,000.
One of the bill’s authors is Rep. Michael Romero (PL, 1-Pacman), a stepson of the late actor Eddie Garcia, who tripped on loose cables on a film set and suffered cervical cracks and fractures that led to his death in 2019.
Romero said the accident and Garcia’s death highlighted the need for a safe workplace for entertainment industry workers, many of whom are self-employed independent actors, actresses and performers.
Subsequent investigations revealed that there was no first-aid treatment provided to the veteran actor and there was also no 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 responsive medical attention.
Villafuerte said the law, as contained in the IRR, also prohibits any type of discrimination based on age, gender or race, and provides for measures against physical violence, harassment and abuse in workplaces.
There are also special regulations, he said, covering the employment of minors, as well as a reaffirmation of the right of workers to self-organization and compensation under RA 8293 or the Intellectual Property Code of the Philippines.
Villafuerte said the expected full implementation soon of RA 11996, following the issuance of its IRR, is “well-timed” as President Marcos Jr. issued last Oct. 5 Executive Order (EO) No. 70 in a bid to promote the development of the film industry and strengthen the Film Academy of the Philippines (FAP).