April 26, 2016

LABOR ADVISORY NO. 004-16

WORKING CONDITIONS IN THE MOVIE AND TELEVISION INDUSTRY

I. Purpose and Coverage. — Pursuant to the provisions of Articles 5 and 168

1 of the Labor Code of the Philippines, as amended, this Advisory is hereby issued to
ensure compliance with Labor Standards and Occupational Safety and Health
Standards and better working conditions for all workers and/or talents, including
children or elderly, in the Movie and Television Industry.
II. Definition of Terms. — For purposes of this Advisory, the following shall be
defined as:
1. "Movie and Television Industry" shall include, but not limited to, movie and
television network stations, production out ts, air-time contractors, and
other necessary and related industry activities/services.
2. "Talent" refers to an independent contractor or individual who has unique
skills, experience and talents or celebrity status and whose means and
methods in the performance of his/her work is outside the control of
another or the hiring party, and his/her service/engagement contract is
governed by the Civil Code provisions on contracts and other applicable
laws, but in no case lower than the standards provided by the Labor Code,
as amended.
3. "Workers" in the Movie and Television Industry shall include
cameramen/editors, production assistants, teleprompter operator/editor,
VTR person/editor, 2 newscaster/anchor, 3 managers, reporters, 4 news
correspondents, 5 and such other individual whether employed in a
network or production out t regardless of the mode of compensation and
length of service/engagement.
4. "Workplace" refers to area/s where work is being carried out or undertaken
regardless of whether the same is done within the
network/company/outfit work premises or outside "on location" or "set".
III. Working Conditions in the Industry. — The following must be observed by
the Industry:
1. Hours of Work. The actual hours of work of a movie and television industry
worker/talent shall not exceed eight (8) hours in a day. If the worker/talent
is required to work beyond eight hours, the maximum actual hours of work
shall not exceed twelve (12) hours in any 24-hour period. CAIHTE

The normal hours of work of elderly workers/talents 8 (those aged 60 years

and above) shall not exceed eight (8) hours in a day. The hours of work of
children in the industry must be in accordance with Republic Act No. 9231
7 and its Implementing Rules and Regulations or Department Order No. 65-
04.
2. Waiting Time. Waiting time spent by a worker/talent shall be considered as
working time if he/she is required or engaged to wait.
3. Occupational Safety and Health. The provisions of the Occupational Safety
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 and Health Standards (OSHS) shall be observed in all workplaces to
ensure safe and healthful working conditions for all workers/talents.
4. Transportation. Adequate transportation facilities to and from the
"location/set" shall be provided to the workers. If no transportation is
provided to the worker, any costs incurred by the worker shall be
reimbursed by the network/company/outfit.
5. Accommodation. Safe, adequate and free lodging and/or accommodation
shall be provided by the network/company/out t to the worker/talent if
work is "on location/set". 8
6. Minimum Bene ts. The pay and related bene ts of the workers/talents in
the industry, regardless of the nature of engagement, shall not be lower
than the minimum standards under the Labor Code, as amended, and other
laws, rules and regulations.
7. Social Welfare Bene ts. Without prejudice to established company
policy, or collective bargaining agreement, or other applicable
employment agreement, workers/talents in the industry shall be
covered by Pag-IBIG, 9 PhilHealth, 10 SSS, 11 Employees'
Compensation Program 12 and other related laws.
IV. Enforcement of Labor Standards and 30-day Conciliation-Mediation
Services under the Single Entry Approach Conciliation-Mediation Services. — Consistent
with Article 128 of the Labor Code, as amended, compliance with wage, wage-related
bene ts, hours of work and OSHS shall be enforced by the DOLE-Regional O ce having
jurisdiction over the workplace/principal o ce of the network/company/out t in
accordance with DOLE Department Order No. 131, Series of 2013, as amended.
Any violation of the provisions of the employment agreement or talent contract
uncovered during the conduct of assessment, as well as complaints led, shall be
subject to the 30-day conciliation-mediation services or Single Entry Approach (SEnA)
pursuant to Department Order No. 151, Series of 2016, as a prior-resort.
V. Contracting/Subcontracting and Recruitment and Placement. — The
provisions of DOLE Department Order No. 18-A, Series of 2011, regulating
contracting/subcontracting arrangement and DOLE Department Order No. 141, Series
of 2014, on recruitment and placement of workers, shall apply in the industry.
VI. Tripartite Monitoring Body. — Pursuant to Republic Act No. 10395
mandating representation of employers and workers in decision and policy-making
bodies of the government, a regional-based Industry Tripartite Council shall be
established within 30 days from the issuance of this Advisory. Together with the
Regional Office, it shall monitor compliance with this Advisory.
VII. Non-diminution of Bene ts. — Nothing herein shall be construed to
authorize diminution of bene ts being enjoyed by the workers/talents at the time of the
issuance hereof.
VIII. Effect on Existing Company Policy, Contracts or CBAs. — The minimum
bene ts reiterated in this Advisory shall be without prejudice to any company policy,
contract, or Collective Bargaining Agreement (CBA) providing better terms and
conditions of employment/engagement.
Be guided accordingly.
Manila, Philippines, April 26, 2016.
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 (SGD.) ROSALINDA DIMAPILIS-BALDOZ
Secretary
Department of Labor and Employment
Footnotes

1. Department Advisory No. 01 s. 2015 — Renumbering of the Labor Code of the Philippines,
as amended.
2. Farley Fulache, et al. vs. ABS-CBN, et al., G.R. No. 183810, Jan. 21, 2010.

3. Thelma Dumpit-Murillo vs. CA, G.R. No. 164652, June 8, 2007.

4. Nelson V. Begino, et al. vs. ABS-CBN, et al., G.R. No. 199166, April 20, 2015.

5. Fuji Television Network, Inc. vs. Arlene S. Espiritu, G.R. Nos. 204944-45, Dec. 03, 2014.

6. Republic Act No. 7432.

7. An Act Providing for the elimination of the worst forms of child labor and affording
stronger protection for the working child, Amending for this purpose Republic Act No.
7610, as Amended, otherwise known as the "Special Protection of Children against
Child Abuse, Exploitation and Discrimination Act."

8. DOLE Department Order No. 119-12.

9. Republic Act No. 9679.

10. Republic Act No. 7875, as amended by Republic Act No. 9241.

11. Republic Act No. 1161, as amended by Republic Act No. 8282.

12. Presidential Decree No. 626.

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