Guidelines on Working Conditions (FDCP-DOLE JMC)

Set working hours, social welfare benefits, and the “no contract, no work” policy for members of the audiovisual industry are just some of the improvements that will be implemented soon, thanks to the Joint Memorandum Circular (JMC) signed by the heads of the Department of Labor and Employment (DOLE) and Film Development Council of the Philippines (FDCP).

JMC No. 1, Series of 2020 formalizes the guidelines governing the working conditions and occupational safety and health specifically of workers in the audiovisual production. It establishes procedures for dealing with workplace hazards, and it provides for enforcement of the law where workplace parties have not achieved compliance voluntarily. It was signed by the Department of Labor and Employment (DOLE) Secretary Silvestre Bello III and Film Development Council of the Philippines (FDCP) Chairperson and CEO Liza Diño on February 7, 2020.

The following are the most salient points that must be taken into consideration by the production for their activities:

NO CONTRACT, NO WORK POLICY. No worker shall render any service or agree to perform service for any production who has not executed a contract consistent with this JMC, which is in full force and effect, in any jurisdiction within the country.

Talents and their production shall have a contract stipulating the terms and conditions of engagement which shall not be lower than the standards as provided under this JMC.

A pro-forma contract may be provided by FDCP.

HOURS OF WORK. The normal hours of work of an Audio-visual Production worker shall be at a minimum of eight (8) hours which shall not exceed sixteen (16) hours a day (intermittent or continuous, meal periods are excluded).

If required to work beyond eight (8) hours a day, the maximum actual hours of work shall not exceed sixteen (16) hours in any 24-hour period. Elderly workers shall not exceed twelve (12) hours of work a day. Work hours for the children shall be in accordance with the RA No. 9231 and its IRR (DOLE DO No. 65-04).

TURNAROUND TIME. There must be a 12-hour rest period between days. The producer 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.

Rest period penalties must be imposed for the hours the worker is required to report on the set before the end of such 12-hour period.

SOCIAL WELFARE BENEFITS. Without prejudice to established company policy, collective bargaining agreement, or other applicable employment agreement, workers shall be covered by PAG-IBIG, PhilHealth, and SSS. The production is required to provide emergency health services and access to rehabilitation and compensation of work connected to illnesses and injuries affecting workers, whenever applicable.

The production is required to provide the necessary documents to facilitate the claims as required by the Employees’ Compensation Program.

WAITING TIME. Hours spent by a worker shall be considered as working time if he/she is required or engaged to wait.

All workers required to standby and are restricted to the confines of the workplace premises shall be compensated.

All on-call workers engaged for their services who are outside the premises of the set or location shall likewise be compensated if the cancellation is less than twenty-four (24) hours immediately preceding the scheduled shoot.

MEALS. Meals must be provided to all workers. Meals must consist of a well-balanced diet following the food safety and handling guidelines prescribed by the FDCP in accordance with existing rules and regulations of the DOH.  Meals should be healthy enough to sustain energy over long periods of time.

ACCOMMODATION. The producer shall provide safe, adequate, and free accommodation to the worker if work is on distant or overnight location. The producer shall provide a bed for each worker in any accommodation set-up as applicable.

INSURANCE. All workers especially stunt people and equipment shall be properly insured in every audio-visual production. For this purpose, insurance for workers shall only cover for accidents. All other provisions hereof shall be enforced and complied with in accordance with existing labor laws, rules and regulations and internationally-recognized standards on occupational safety and health, which are similarly applied in all industries and shall provide penalties therefor.