By: Atty. Gregorio B. Austral, CPA
The Eddie Garcia Law
(Part 2)
Republic Act No. 11996 or “The Eddie Garcia Law” not protects workers in the movie and television industry not only against discrimination and excessive hours of work but also mandates employers to provide transport service to and from out-of-town projects or to reimburse transportation expenses incurred by the worker unless the same is already incorporation in the agreement or employment contract which stipulates a higher compensation (Sec. 10).
The law also provides that the minimum wage of a worker shall not be less than the applicable minimum wage in the region where the worker is hired. Wages shall be paid on time, as agreed upon in the contract, directly to the worker. The employer or principal shall not make any deductions from the wages unless otherwise agreed upon by the parties or required or allowed by law. The employer or principal shall at all times provide the worker with a copy of the payslip containing the amount paid, and indicating all deductions made, if any. (Sec. 11)
All workers shall be covered by and entitled to the benefits provided by the Social Security System (SSS), the Home Development Mutual Fund or the Pag-IBIG Fund, and the Philippine Health Insurance Corporation (PhilHealth), in accordance with law. However, employers are not precluded from providing social welfare benefits to the workers. Independent contractors shall be solely responsible for their contributions for the aforementioned social security systems (Sec. 12).
On the workers’ basic necessities, the employer or principal shall provide for the basic necessities of the worker as follows: (a) Adequate and nutritious meals, with due consideration to the workers’ health and religion; (b) Sufficient and readily accessible supply of safe drinking water; (c) Accessible, clean, enclosed, and person with disability (PWD)-friendly toilets and other sanitary facilities whether on location or not. The number of comfort facilities for a given number of workers shall be in conformity with the requirements of the Department of Health; (d) Private and separate dressing rooms for men and women, whether on location or not, with adequate provisions for the proper safekeeping of the workers’ valuables; (e) Safe, clean, comfortable, and properly ventilated holding areas with emergency exits; (f) Free, safe, and adequate accommodation if services are required to be rendered in an out-of-town location; and (g) Safety officers and dedicated vehicles for emergency purposes in the production whether on out-of-town location or not (Sec. 13).
The employer or principal shall not subject or allow the workers to be subjected to any kind of abuse, physical violence or harassment, or any act that degrades the dignity of the worker. The employer or principal shall set in place policies, rules, and regulations to prevent sexual harassment in the workplace in conformity with the provisions of Republic Act No. 7877 or the “Anti-Sexual Harassment Act of 1995,” Republic Act No. 11313 or the “Safe Spaces Act,” and Republic Act No. 11036 or the “Mental Health Act.” Such policies, rules, and regulations shall include procedures for the resolution of any conflict involving sexual harassment (Section 14).
Aside from those already mentioned, the law provides for more benefits and protection to the workers. These benefits and protection will be discussed in the next issue.