Secretary Rosalinda Dimapilis-Baldoz of the Department of Labor and Employment (DOLE) has sought feedback from the Film Academy of the Philippines regarding the policy guidelines governing the employment relations and working conditions in the film and television industry.
In a meeting held at the DOLE office in Intramuros last March 29, the DOLE secretary met with FAP Director General Leo G. Martinez, Actors’ Guild President Rez Cortez, actors Dingdong Dantes and Dingdong Avanzado, actress Gina Alajar and FAP Attorney Rod Vera.
Sec. Baldoz provided those present with a draft of the department order which she intended to be signed by April 15 for implementation by May 1.
The salient provisions of the draft include the following:
Section 1. Guiding Principles – Taking into consideration the dynamic nature and the unique characteristics of work situations and practices in the movie and television industry, these policy guidelines are issued to promote better employment relations in the industry, protect the security of tenure and promote the general welfares of the workers therein and regulate industry practices all within the parameters of the Labor Code and social legislation, in order to carry out the policy to afford full protection to Labor.
Section 2. Coverage – These Guidelines shall apply to all workers (project, seasonal, casual, freelancers) employed in the movie and television industry, including but not limited to movie and television network stations, production outfits and air-time contractors, and other necessary and related industry activities.
Section 3. Classification of Employees in the Movie and Television Industry –
a. Regular Employees shall include any individual employed by a movie or television network or company or in any similar industry activity, whose services are engaged to discharge functions which are usually necessary and desirable to the usual business or trade of his/her employer (i.e., the entity or person who actually employed his/her services).
b. Probationary Employees shall include any individual whose employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an appren-ticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. Further, the probationary employee may be terminated for any just or authorized causes specified in the Labor Code. An employee who is allowed to work after a probationary period shall be considered a regular employee.
c. Project Employees shall refer to those whose employment has been fixed to a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employees.
d. Casual Employees shall refer to those whose talents, skills or services are engaged by the television and/or radio station, production outfit or airtime contractor or in any other related industry activity for particular or specific programs or undertakings and for the duration thereof. Provided that any employee who has rendered at least one (1) year of service whether such is contractual or broken, shall be considered regular employee with respect to the activity in which he/she is employed and his/her employment shall continue while such activity exists.
e. Freelancers shall refer to individuals who may work for more than one (1) company and where no regular employees are available or no individual wants to become regularized and does not in any way affect, diminish or displace regular workers.
(To be continued)
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