By: Atty. Gregorio B. Austral, CPA
The Eddie Garcia Law
President Ferdinand “Bongbong” Marcos Jr. recently signed into law Republic Act No. 11996 or the “Eddie Garcia Law”. The law stemmed from the death of the late Eddie Garcia who figured in an accident while shooting for a television show.
Under the law, the State recognizes the economic, social, and cultural contributions to nation-building of workers in the movie and television industry. Towards this end, the State shall promote and strengthen observance of decent work, comprehensive social protection coverage to all sectors of the industry, including the self-employed, the free exercise of the right to self-organization and to collectively bargain, the development and competitiveness of the industry, and skills upgrading in all sectors of the industry. The law applies to all workers engaged in the movie and television industry regardless of functions, roles, positions, or status.
On the hours of work, the law provides that the hours of work of the worker shall be based on the terms and conditions set in the agreement or employment contract and other stipulations thereto signed with the employer or principal. The hours of work shall be eight (8) hours a day, which can be extended to a maximum of fourteen (14) hours, exclusive of meal periods. In no case shall the total number of work hours be more than sixty (60) hours in a week. In the case of minors, their working hours shall be in accordance with the pertinent provisions of Republic Act No. 7610 or the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act,” as amended by Republic Act No. 9231.
Hours of work shall include the following: (a) Waiting time where the worker is required to stay within the premises of the workplace; (b) The time during which the worker is required to work, including time spent on ocular work, pre-production, and post-production activities; and (c) Travel to and from out-of-town projects: Provided, That the worker cannot gainfully utilize the travel time for one’s own personal purpose, need or benefit.
If a scheduled shoot is cancelled less than eight (8) hours immediately preceding its approved schedules, all workers engaged for the day shall be compensated. Workers may not be compensated in cases of cancellation due to force majeure.
The employer or principal shall give notice to the worker of any engagement related to the contracted service not less than twenty-four (24) hours ahead of the schedule.
The employer or principal shall provide a rest period of not less than ten (10) hours between the end of work on one (1) day and the beginning of work on the next day. This also applies to locked-in shoots.
For work beyond eight (8) hours a day, the worker shall be entitled to overtime pay unless it is already incorporated in the agreement or employment contract which stipulates a higher compensation. A worker shall also be entitled to night shift differential unless the same is incorporated in the agreement or employment contract which stipulates a higher compensation. ||| (Eddie Garcia Law, Republic Act No. 11996, [May 24, 2024]) To be continued…