Dear PAO,

In the showbiz industry, not all artists are paid generously. As a small struggling artist, my rate differs depending on the project. Sometimes I get paid more than the minimum wage, but other times even less. Is it right for our employers to pay us below the minimum wage? They say it is because we are paid per project and our wage is dependent on the budget of the producer. Please help me understand this better. Thank you.

Shermel

Dear Shermel,

Included in the Constitutional mandate of the government is the provision of full protection to labor, promotion of full and equal employment opportunities for all. This covers even the movie and television industry otherwise known as show business.

In 24 May 2024, Republic Act (RA) 11996, otherwise known as the “Eddie Garcia Act,” was enacted to safeguard the labor rights of employees and workers engaged in the movie and television industry. This law ensures that workers in show business are provided with adequate legal rights and privileges appropriate for their line of work.

Section 11 of the above-mentioned law speaks of the wages to be earned by workers in the movie and television industry. Particularly:

“Section 11. Wages. – The minimum wage of a worker shall not be less than the applicable minimum wage in the region where the worker is hired. Wages shall be paid on time, as agreed upon in the contract, directly to the worker. The employer or principal shall not make any deductions from the wages unless otherwise agreed upon by the parties or required or allowed by law. The employer or principal shall at all times provide the worker with a copy of the payslip containing the amount paid, and indicating all deductions made, if any.”

The stated provision is clear that every worker must be given the appropriate wage rate depending in the region where the worker was hired, at a rate that cannot go below the prescribed minimum wage. Similarly, the worker’s wage must be given on time to the worker. No deductions shall likewise be made except if allowed by both the employer and the worker, or when the same is mandated by law. Pay slips must also be mandatorily given to the worker.

To answer your question, giving below the prescribed minimum wage is illegal. Even project-based employees in the movie and television industry funded by producers cannot receive wages below what is legally required by law.

The same law also speaks of penalties to anyone who violates RA 11996. Section 24 thereof states:

“Section 24. Penalties. – Any person who violates any section of this Act shall be fined as follows:

“(a) Up to One hundred thousand pesos (P100,000.00) for the first offense;

“(b) Up to Two hundred thousand pesos (P200,000.00) for the second offense; and

“(c) Up to Five hundred thousand pesos (P500,000.00) for the third and succeeding offenses.

“These fines are without prejudice to the imposition of other penalties under other laws.

“If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the fines shall be imposed upon the entity’s responsible officers, including, but not limited to, the executive producer, producer, production manager, and business unit manager.”

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].