Workers in the audiovisual (AV) industry will no longer be allowed to work indefinitely following the issuance of a memorandum circular by the Department of Labor and Employment (DOLE) and the Film Development Council of the Philippines (FDCP).
Under Joint Memorandum Circular (JMC) 1-2020 of the DOLE and the FDCP, the employees in the AV industry will now only be allowed to work for at least eight hours and a maximum of 16 hours in a 24-hour cycle.
In an interview, Labor Assistant Secretary Benjo M. Benavidez told the BusinessMirror this was among the highlights of the JMC. He noted that prior to its issuance, employees in the AV industry would work anywhere from 20 to 24 hours.
Benavidez said the computed work hours under the JMC do not include rest periods.
Another highlight of the new industry-specific JMC, he said, is its definition of a “talent,” which it defined as independent contractors with special skills or have a celebrity status, who in the performance of their work, are free from the control of the engaging party.
Benavidez noted that many companies in the AV industry tend to mislabel their employees as “talents” so they will not be covered by the Labor Code.
He said the JMC also requires AV companies to inform the DOLE regional offices if they will conduct shoots outside of their principal place of business.
In this way, Benavidez said, the DOLE will be able to keep track of their location shoots, which are still considered as workplace.
He said the other provisions contained in the new JMC such as standards in handling pyrotechnics, firearms, animals, and shooting in the wilderness are already industry standards, which he said the circular merely institutionalized.
Labor Secretary Silvestre H. Bello III ordered the crafting of the JMC due to its unique nature, which often relies on on-site shoots.
Benavidez said any violations of the occupational safety and health (OSH) standards of the JMC will be penalized by the DOLE as stipulated by Republic Act 11058, or the OSH law.
He said the FDCP will come out with a schedule of penalties for the violation of the JMC’s general labor standards provision.
The JMC will take effect 15 days after it was published on February 14.