NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE
S.B. No.
d tiu- •- d;v;r
72 JUL12 P6 36
INTRODUCED BY SENATOR ROBINHOOD PADILLA
AN ACT
PROTECTING THE WELFARE OF WORKERS OR INDEPENDENT 
CONTRACTORS IN THE FILM, TELEVISION, AND RADIO ENTERTAINMENT
INDUSTRY
EXPLANATORY NOTE
The State affirms labor as a primary social economic force and guarantees to 
protect the rights of workers and promote their welfare. (Sec. 18, Art. II, 1987 
Constitution). The unusual work dynamics of the movie and entertainment industry 
have raised a number of issues on the coverage, work conditions, talent fees, and 
working hours, which are all considered a national concern.
A study by the Department of Labor and Employment's Institute for Labor 
Studies (2016) reveals that the Industry's peculiar working conditions include, among 
others, long working hours in shootings or on-locatlon; disparities in salaries and 
wages; experiences of pressures, and stressful situations; heavy demand on flexibility 
and mobility; and, overnight and overtime works.
These work conditions pose risks to the safety, health, and even life of workers. 
Most recent of which was the unfortunate death of Mr. Eddie Garcia, a veteran and 
multi-awarded actor, who was met by an unfortunate accident on set due to supposed 
negligence on safety in the workplace. The death of other known personalities. 
Director Gilbert Perez in 2008 and Directors Wenn Deramas and Francis Xavier Pasion 
in 2016 were also attributed to poor working conditions in the industry.
The bill, called "Eddie Garcia Law" as a tribute to the veteran actor, is a 
response to the urgent call of the members of the television and movie industry for


the government to provide guidelines for safe and better working conditions for the 
protection of the workers' welfare in the industry.
In view of the foregoing, approval of this bill is highly and earnestly sought.
BINHOOD PADILLA


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
(iH. t:
oJ V:.£ a
'22 JUL 12 P6 36
SENATE
S.B. No. 450
INTRODUCED BY SENATOR ROBINHOOD PADILLA
AN ACT
PROTECTING THE WELFARE OF WORKERS OR INDEPENDENT 
CONTRACTORS IN THE FILM, TELEVISION, AND RADIO ENTERTAINMENT
INDUSTRY
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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SECTION. 1. Short Title. - This Act shall be known as the "Eddie Garcia
Law"
SEC. 2- Declaration of Policy. - The State recognizes the economic, social, 
and cultural contributions to nation-building of workers or independent contractors in 
the film, television, and radio entertainment industry. Towards this end, the State 
should continually review the working conditions to ensure that workers are provided 
opportunities for gainful employment and decent income, and are protected from 
abuse, harassment, hazardous working conditions, and economic exploitation.
SEC. 3. Coverage.-T\\\s Act applies to all workers or independent contractors 
engaged in the film, television, and radio entertainment industry.
SEC. 4. Definition of Terms. - As used in this Act, the term:
a. Employer or principal refors to a person, group of persons, or an entity that 
engages or hires the services of a worker or independent contractor in the 
film, television, and radio entertainment industry.
b. Film, television, and radio entertainment industry refer to any market of 
sound and visual components primarily produced, distributed, and exhibited 
for commercial purposes in film, television, and radio. Including any related 
digital medium.
c. Force majeure refers to an unforeseeable or unavoidable event that


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interrupts a film, television, or radio entertainment production and prevents 
workers or independent contractors from fulfilling their obligations relative 
to the production.
d. Lock-in refers to a condition or instruction where a film, television, and radio 
entertainment production requires the workers or the Independent 
contractors to remain within workplace for twenty-four (24) hours or more 
on a continuous basis.
e. Out-of-town shoot refers to a set, location, or distance to be determined 
by the Tripartite Council under Section 17 of this Act.
f. 
Worker or independent contractor or WICrefers to any person engaged or 
hired by the employer or principal to render services Involving the 
production, distribution, and exhibition of film, television, and radio 
entertainment content.
g. Workpiace refers to any location under the direct or indirect control of the 
employer or principal where the film, television, and radio entertainment 
content is produced and where workers or independent contractors need 
to be present or to go to by reason of their work.
SEC. 5. Protection of Workers or Independent Contractors. - The WIC
shall be protected by their employers or principal in the workplace; hours of work; 
wages and salaries; social security and welfare benefits; basic necessity, health and 
safety; working conditions and standards; and Insurance, as provided in this Act.
SEC. 6. Applicability of Civil Code and Labor Code. - A worker or 
independent contractor shall be governed by the provisions of the Civil Code on 
contracts and other applicable laws, but not lower than the standards provided under 
Presidential Decree No. 442 or the Labor Code of the Philippines, as amended.
SEC. 7. Agreement or Employment Contract. - The worker or independent 
contractor and the employer or principal shall execute an agreement or an employment 
contract in a language or dialect understood by both parties before the commencement 
of service.
SEC. 8. Content of the Employment Contract. - The employer or principal 
shall provide the worker or independent contractor a copy of the duly signed contract 
which shall include the following:
a. Job position and status;
b. Job description;
c. Period of employment;
d. Details of compensation and other worker’s or independent contractor's 
benefits including rate, method, and schedule of payment;
e. Authorized deductions, if any;
f. Hours of work and proportionate additional payment or overtime pay;


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g-
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k.
Board, lodging, and medical attention;
Code of conduct;
Worker's or independent contractor's grievance mechanism;
Employer's or principal's policies; and
Any other lawful condition agreed upon by both parties.
Lack of verification or acknowledgement from a notary public does not affect 
the validity or enforceability of the agreement or employment contract.
SEC. 9. Non-Discrimination Against Workers or Independent 
Contractors. — No agreement or employment contract shall discriminate against a 
WIC who has contracts or projects with other outfits unless exclusivity Is specified in 
the contract.
SEC. 10. Hours of Work. - The hours of work of the worker or independent 
contractor shall be based on the terms and conditions set in the employment contract 
and other stipulations thereto signed with the employer or principal subject to the 
following terms and conditions which are deemed written in the agreement or 
employment contract.
a. The normal work hours shall be eight (8) hours a day, which can be 
extended to a maximum of twelve (12) hours, served intermittently or 
continuously, exclusive of meal periods; permissible working hours in 
excess of the normal work hours shall be determined by the Tripartite 
Council, except for the following:
i. WIC aged sixty (60) and above who shall be allowed, under 
exceptional circumstances as defined by the Tripartite Council, to 
work beyond twelve (12) hours in any twenty-four (24)-hour period; 
Provided, that said workers or Independent contractors voluntarily 
execute a waiver in the proper form prescribed by the Department 
of Labor and Employment (DOLE); and
II.
Minors whose working hours shall be in accordance with the 
pertinent provisions of Republic Act No. 9231, or the ''Special 
Protection of Children kgainst Child Abuse, Exploitation and 
Discrimination Act".
In no case shall the total number of work hours be more than sixty 
(60) hours In a week, with exceptions thereto to be determined by 
the 
Tripartite 
Council.
b. Work hours include "waiting time" where the worker or independent 
contractor is required to stay within the premises of the workplace and shall 
be duly compensated. A worker or independent contractor working on a 
scheduled shooting day shall be compensated based on work hours that shall 
commence upon the entry into the workplace and until the departure from 
work.


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c. The time during which the worker or independent contractor Is required to 
work, including time spent on ocular work, pre-production, and post­
production activities are considered work hours and are compensable. If a 
scheduled shoot is canceled less than twenty-four (24) hours immediately 
preceding its approved schedule, all on-call workers or independent 
contractors engaged for the day who are outside the premises of the set or 
location shall likewise be compensated. Workers or independent contractors 
may not be compensated in cases of cancellation due to force majeure;
d. Work rendered beyond eight (8) hours shall be compensable with overtime 
pay and other benefits provided under existing laws, unless a more favorable 
rate or fee Is stipulated in the contract. Work in excess of eight (8) hours 
performed on ordinary working days, the worker or the independent 
contractor is entitled to twenty-five percent (25%) of the hourly rate or fee, 
unless a more favorable rate is stipulated in the contract. Additional premium 
pay shall be provided on overtime pay performed beyond 10:00 p.m. and 
during non-working days such as rest days, special holidays, and regular 
holidays unless a more favorable rate or fee is stipulated in the contract.
e. A night shift premium of not less than ten percent (10%) of WIC wage for 
each hour of work performed between 10:00 p.m. and 6:00 a.m., unless a 
more favorable rate or fee is stipulated in the contract.
f. Travel time to and from out-of-town projects in reference to the residence 
of WIC shall be at the expense of the employer or principal. Travel time to 
and from out-of-town or base projects shall be considered compensable 
working time; Provided, that the WIC cannot gainfully utilize the travel time 
for one's own personal purpose, need or benefit.
g. The WIC shall be entitled to travel surcharges or transport services to be 
provided by the employer or principal, whichever is applicable;
h. The employer or principal shall provide a rest period of not less than twelve 
(12) hours between the end of work on one day and the beginning of work 
on the next day excluding travel time except for locked-in shoots where the 
rest period shall be determined by the Tripartite Council; and
i. The employer or principal shall give notice to the worker or independent 
contractor of any engagement related to the contracted service not less than 
forty-eight (48) hours ahead of the schedule.
SEC. 11. Transportation Expenses. - Transportation expenses to and from 
out-of-town projects in reference to the residence of WIC shall be at the expense of 
the employer or principal.
SEC. 12. Wages.-Ihe minimum wage of a worker or independent contractor 
shall not be less than the applicable minimum wage in the region. Wages shall be paid


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on time, as agreed upon in the contract, directly to the worker or independent 
contractor. The employer or principal shall not make any deductions from the wages 
unless otherwise required or allowed by law. The employer or principal shall at all 
times provide the worker or independent contractor with a copy of the pay slip 
containing the amount paid, and indicating all deductions made, if any.
SEC. 13. Social Security and Welfare Benefits, - The employee shall be 
covered by the Social Security System (SSS), the Home Development Mutual Fund or 
the Pag-IBIG Fund, and the Philippine Health Insurance Corporation (PhilHealth) upon 
employment.
The payment of SSS, Pag-IBIG Fund, and PhilHealth monthly contributions shall 
be jointly shared by the employee and the employer, when applicable. In accordance 
with existing rules and regulations.
The employee shall also be entitled to retirement benefits as provided under 
Republic Act No. 11199, otherwise known as the "'^Social Security i^ct of 2018", and 
other existing laws.
Coverage with the insurance, retirement, and other benefits provided by the 
SSS, Pag-IBIG Fund, and PhilHealth shall not preclude employers or principals from 
providing social welfare benefits to the worker or independent contractor as may be 
agreed upon in the Tripartite Council.
SEC. 14. Basic Necessities,employer or principal shall provide for the 
basic necessities of the WIC as follows:
a. Adequate and nutritious meals, in due consideration to the WIC's health 
and religion, shall be provided every six (6) hours from the start of work;
b. Sufficient supply of safe drinking water shall be kept readily accessible;
c. Clean, enclosed, person-with-disability (PWD)-friendly and gender- 
considerate toilets with sanitary facilities shall be accessed easily, whether 
on location or not. The number of comfort facilities for a given number of 
workers or independent contractors shall be In conformity with the 
requirements of the Department of Health;
d. Private dressing rooms, whether on location or not, shall have adequate 
provisions for the proper safekeeping of the WIC's valuables. There shall 
be separate dressing rooms for workers or independent contractors, child 
workers, and for each gender;
e. Safe, clean, comfortable, and properly ventilated holding areas with 
emergency exits;
f. Free accommodation that is safe and adequate shall be provided if services 
are required to be rendered in an out-of-town location; and


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g. Dedicated vehicles for emergency purposes shall be readily available in the 
production.
SEC. 15. Standard of Treatment - The employer or principal shall not 
subject or allow the worker or Independent contractor to be subjected to any kind of 
abuse, physical violence or harassment, or any act that degrades the dignity of the 
worker or independent contractor. 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 "knti-Sexua! 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.
SEC. 16. Health and Safety, - The employer or principal shall strictly comply 
with the occupational safety and health standards provided in Republic Act No. 11058, 
entitled, "A/? Act Strengthening Compliance with Occupational Safety and Health 
Standards and Providing Penalties for Violations Thereof, and Section 25 of Republic 
Act No. 11036, entitled, "An Act Establishing a National Mental Health Policy for the 
Purpose of Enhancing the Delivery of Integrated Mental Health Services, Promoting 
and Protecting the Rights of Persons Utilizing Psychiatric, Neurologic and Psychosocial 
Health Services, Appropriating Funds Therefor, and for Other Purposes."
In addition, the occupational safety and health (OSH) 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 film, television, and 
radio entertainment workers or Independent contractors and shall use the appropriate 
safety manual for the industry.
The DOLE shall Initiate and oversee, in coordination with film, television, and 
radio entertainment workers' or independent contractors' organizations and groups, 
employers or principals, agencies, and field experts, the formulation, production, and 
distribution of the said manual.
Notwithstanding, the provisions of the contract between the employer or 
principal and a contractor or subcontractor, if any, the provisions of relevant 
occupational safety and health legislation and regulations shall apply.
The employer or principal shall regularly submit the required occupational 
safety and health reports, including timely notification of production location and 
schedule to the DOLE regional office with jurisdiction over the area where the 
workplace is located.
SEC. 17. Employment of Minors, - The employer or principal shall strictly 
adhere to the provisions of Republic Act No. 7610 or the "Special Protection of Children 
Against Child Abuse, Exploitation and Discrimination Act, and Republic Act No. 9231 
or the "Elimination of the \Norst Forms of Child Labor and Affording Stronger 
Protection for the Working Child Act.


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SEC. 18. Insurance. - All workers or independent contractors shall be 
adequately insured by the employer or principal for work-related accidents or death 
in every film, television, and radio entertainment production.
SEC. 19. Right to Seif-organization and Coiiective Bargaining. -
Workers or independent contractors in the film, television, and radio entertainment 
industry shall have the right to form, join, or assist In the formation of a labor 
organization of their own choosing for purposes of collective bargaining, for mutual 
aid benefit, and to engage in concerted activities which are not contrary to law.
SEC. 20. Prohibition on Cabo System. - Any person, group of persons, or 
labor group acting as a labor contractor or engaging in the "Cabd' system, or 
otherwise engaging In any activity prohibited by law, shall constitute grounds for 
cancellation of union organization's registration.
SEC. 21. Settlement of Disputes. - All labor-related disputes shall be 
elevated to the DOLE regional office with jurisdiction over the workplace.
SEC. 22. Fiim/ Television, and Radio Entertainment Industry Tripartite 
Councii. - There shall be created Film, Television, and Radio Entertainment Industry 
Tripartite Council to be established by the DOLE that shall serve as a link among 
various stakeholders such as employers or principals, workers or independent 
contractors, cinematographers, artists, directors, assistant directors, composers and 
writers, production designers, animators, talent managers, videographers, 
photographers, digital radio technology experts, television and radio entertainment, 
radio drama casts, digital creators, make-up artists, professional speakers, stunt 
persons, cameramen, background performers, and non-government organizations 
concerned with labor issues. It shall also provide the film, television, and radio 
entertainment industry with a platform for the employers or principals and workers or 
Independent contractors to represent their respective groups in the crafting of policy 
decisions that will affect them and the industry as a whole, and serve as an avenue 
to express their aspirations, present their programs or bridge gaps In cases of conflict 
among them, subject to the accreditation of the DOLE.
SEC. 23. Rights to Remuneration. - The rights of a performer over 
intellectual property, consisting of the performer's performance on all film, radio or 
television production, shall at all times be protected and secured under this Act, 
pursuant to the provisions of Republic Act 8293 or the Intellectual Property Code, as 
amended. Contracts or engagement agreements may stipulate that the performer 
transfers exclusive Intellectual property rights in favor of the employer or principal: 
Provided, that a performer shall enjoy the inalienable right to participate in the gross 
proceeds of any subsequent use or broadcasting of such performance or Intellectual 
property to the extent of five percent (5%) as additional remuneration.
SEC. 24. Information and Education Campaign. - The Intellectual 
Property Office of the Philippines, DOLE, and the Philippine Information Agency, and 
other pertinent national government agencies shall implement and initiate the 
information and education campaign on the protection of the intellectual property
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rights of workers or independent contractors in the film, television, and radio 
entertainment industry, as enshrined in Republic Act No. 8293 or the "Intellectual 
Property Code of the Philippines."
SEC. 25. Effect on Existing Company Poiicies and Contracts or 
Coiiective Bargaining Agreements (CBAS). - The minimum benefits provided in 
this Act shall be without prejudice to any existing company policy, contract or CBA 
providing better terms and conditions of employment.
SEC. 26. Jmpiementing Ruies and Regulations. - Within ninety (90) days 
from the effectivity of this Act, the Secretary of the DOLE, in consultation with 
stakeholders, concerned government agencies, and non-government organizations 
shall promulgate the necessary rules and regulations for the effective implementation 
of this Act.
SEC. 27. Separabiiity Clause. - If any provision or part of this Act is declared 
invalid or unconstitutional, the remaining parts or provisions not affected shall remain 
in full force and effect.
SEC. 28. Repealing Clause. - All laws, decrees, executive orders, issuances, 
rules, and regulations or parts thereof inconsistent with the provisions of this Act are 
hereby repealed or modified accordingly.
SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette ox in a newspaper of general circulation.
Approved,