By: Atty. Gregorio B. Austral, CPA
The Eddie Garcia Law
(Part 3)
Aside from the provisions already mentioned in the previous issue, the Eddie Garcia Law also looks into the health and safety, upskilling and reskilling of workers, employment of minors, and insurance, among others, in the movie and TV industry.
Section 15 of RA 11996 provides that the employer or principal shall strictly comply with the occupational safety and health standards provided in Republic Act No. 11058 and Section 25 of Republic Act No. 11036.
The employer shall timely notify the Department of Labor and Employment (DOLE) Regional, Provincial, or Field Office with the production location and schedule. In cases of violations of occupational health and safety standards, the employer, contractor or subcontractor shall be jointly and solidarily liable.
The safety officer of the employer or principal shall conduct a risk assessment of the workplace or location of production to identify and eliminate or control any potential hazard to the workers.
For this purpose, the DOLE shall, in consultation with workers’ organizations and groups, employers or principals, agencies, and field experts, formulate the manual and facilitate its thorough distribution to all relevant stakeholders.
On the upskilling and reskilling of workers the law requires that the Technical Education and Skills Development Authority (TESDA) shall, in collaboration with relevant government agencies and various stakeholders, develop and implement a system of continuing skills upgrading, reskilling, and training of workers in the movie and television industry.
The law also provides stringent requirements on the employment of minors. Under the law, the employer or principal shall strictly adhere to the provisions of Republic Act No. 7610 as amended by Republic Act No. 9231.
All workers shall be adequately insured by the employer or principal, at no cost to the worker, for work-related accidents or death in every movie and television production. ||| (Eddie Garcia Law, Republic Act No. 11996, [May 24, 2024])