DOLE at FDCP nagkapirmahan na sa Working Conditions, Safety, at Health ng Audiovisual Workers

NAGKAPIRMAHAN na sina FDCP Chairperson and CEO Liza Dino at DOLE Secretary Silvestre Bello III para sa Joint Memorandum Circular (JMC) na matagal nang ipinaglalaban ng una para sa showbiz workers.

Ang mga pinirmahang alituntunin para sa  JMC No. 1, Series of 2020 ay magsisilbing bagong guidelines sa working conditions and occupational safety and health ng mga  manggagawa sa ‘audiovisual production.’

“We thank the FDCP for signing with us itong landmark agreement that will provide our people in the industry safe and wholesome workplaces para hindi na maulit ang nangyari kay Eddie Garcia,” say ni ni Sec. Bello sa ginanap na contract signing sa DOLE Building nito lang.

Matagal na pala itong mungkahi ni Ms Dino bago pa nawala ang aktor na si Mr. Eddie Garcia.

”I would say malaking bagay talaga, unfortunate as it was, that it was through his death, pero parang nagising ang lahat. Hindi po mabubuo ito kung wala lahat ng mga magtulong-tulong. Kaya Sec. Bello at ang lahat ng nasa DOLE, maraming, maraming salamat.

“Napakatagal po nang hinintay namin para po marating itong pagkakataong ito. This day is not only the victory and joy of FDCP but ‘yung mga nandito ngayon na matagal na pong nagsulong nito. Gusto ko pong ibigay sa kanila ang pasasalamat dahil sila ang nag-umpisa ng pagsulong nitong guidelines para proteksiyonan ang ating mga manggagawa,” pahayag ni Liza.

Ayon sa pinirmahang  JMC ay ipatutupad ang mga sumusunod:

1. ‘No contract, no work’ policy
2. Working hours at a minimum of eight (8) hours and a maximum of sixteen (16) hours (in exceptional circumstances)
3. Overtime pay to be given after the eighth hour at 25% of the hourly rate.
4. Additional premium pay on overtime performed during rest days, special days, and regular holidays.
5. Hours of work not exceeding 60 hours in a week
6. Waiting time, pre-production, ocular work, and post-production to be considered as working time.
7. A turnaround time of 12 hours as the rest period between working days
8. Provision of call sheets before every shoot
9. 24-hour notice of cancellation of work
10. Payment for workers’ contracted time if an engagement gets cancelled
11. Memberships in the Social Security System (SSS), Home Development Mutual Fund (Pag-IBIG Fund), and Philippine Health Insurance Corporation (PhilHealth)
12. Emergency health services and access to rehabilitation and compensation of work connected to illnesses and injuries affecting workers
13. Provision of meals and sufficient amounts of coffee and safe drinking water
14. Adequate transportation facilities to locations or reimbursements of the workers’ transportation costs
15. Safe, adequate, and free accommodations on distant or overnight locations

At tungkol naman sa occupational safety and health (OSH), the JMC states the following standards:

1. Mandatory presence of OSH personnel
2. Conduct of risk assessment and securing location permits
3. Provision of safety equipment and first aid
4. Creation of a safety and health committee
5. Drafting of an emergency preparedness and res­ponse plan
6. Adequate, clean, persons with disability (PWD)-friendly, and genderless toilet facilities
7. Dressing rooms with comfort and privacy for each sex, with separate dressing rooms for children of each sex
8. Covered and enclosed holding areas with adequate ventilation or air-conditioning with suitable emergency escapes for stunt people, background actors, and technical crew (on top of existing holding areas for producers, directors, and actors)
9. Personal fall protection system for working at heights
10. Minimum construction safety provisions
11. Electrical installations to comply with Philippine Electrical Code
12. Department of Transportation compliance of all equipment and vehicles
13. Animal handling to be done by professional trainers and designated handlers
14. Notification of the use of hazardous materials
15. Usage of blank ammunition for firearms and weaponry
16. Stunts to be performed by qualified workers only
17. Presence of stunt/special effects coordinator in the filming of all stunt/special effects scenes

The JMC also has provisions on disallowing the cabo system and the prohibition of sexual harrassment.

Meanwhile, it supports the workers’ rights to self-organization and collective bargaining. Workers’ issues on disciplinary measures, suspension, and termination will be dealt with by FDCP. If unresolved, it will be elevated to DOLE for the mandatory 30-day conciliation-mediation through the Single Entry Approach (SEnA).

Additionally, producers need to submit the reportorial requirements to DOLE and FDCP for the monitoring of their compliance. The producers’ compliance will be enforced by the DOLE Regional Office which has jurisdiction over the workplace in accordance with Article 128 of the Labor Code. Penalties for non-compliance with OSH standards will be dealt with in relation to Republic Act (RA) No. 11058 while other penalties for non-compliance will be imposed by FDCP in accordance with Section 15 of RA No. 9167.

The landmark signing of the JMC on the working conditions and OSH of audiovisual industry workers took place just four days after the February 3 Congress Committee Hearing on House Bill 181 for the proposed occupational safety and health standards (OSHA) act for the film, television, and theater industry of the Philippines. HB 181 is also known as the Eddie Garcia Act.

More Congress Committee Hearings on the Eddie Garcia Act are set to take place, prompting Diño to comment, “What’s important about the signing and implementation of the JMC is that it will already serve as a jumping point for the eventual legislation that we are pushing for in Congress. Especially now that a technical working group has been formed to finetune the provisions of the Eddie Garcia Act and discuss crucial details that could help them craft law for the audiovisual industry, we will continue with our efforts and coordination.

In the last two years, negotiations have been taking place among the respective agencies in charge of these concerns. Consultative meetings, tripartite negotiations, research of best practices by other countries – lahat ito binuno ng mga taong naghirap para sa JMC and it is only fair to acknowledge the work that has been done by these institutions. From DOLE, FDCP, Movie Workers Welfare Foundation (Mowelfund), and the other guilds – they have all devoted their time and dedication towards the realization of this policy that would protect the welfare of our audiovisual workers.”

FACT SHEET
ni Reggee Bonoan