Working Conditions in TV Industry-11-09-17

Monograph Series 2016-14
IN FOCUS –
WORK ARRANGEMENTS AND WORKING
CONDITIONS IN TELEVISION’S FILM
PRODUCTION AND BROADCAST
INDUSTRY: ISSUES FOR SOCIAL
DIALOGUE
Celia V. Cabadonga
Institute for Labor Studies

IN FOCUS –
WORK ARRANGEMENTS AND WORKING
CONDITIONS IN TELEVISION’S FILM
PRODUCTION AND BROADCAST INDUSTRY:
ISSUES FOR SOCIAL DIALOGUE
Celia V. Cabadonga

IN FOCUS –
WORK ARRANGEMENTS AND WORKING CONDITIONS IN TELEVISION’S
FILM PRODUCTION AND BROADCAST INDUSTRY:
Copyright (c) 2016 Institute for Labor Studies
All rights reserved. Any part of this book may be reproduced or used in any legal forum
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Publisher: Institute for Labor Studies

Chairperson: Mary Grace L. Riguer
Editor: Brenalyn A. Peji
Editorial Assistant: Reinerio A. Alba
Cover and Layout: Marc Raphael A. Peñaredondo
CONTENTS
Section Contents Page
Abbreviations iv
Tables vi
Figures vii
Abstract viii
I Overview of the Study 1
II Overview of Television’s Film Production

and Broadcasting Industry 7
III Results and Discussions 9
IV Policy Insights
Issues for Social Dialoge 28
References 39
iv
ABBREVIATIONS
BLR Bureau of Labor Relations
BriTC Broadcasting Industry Tripartite Council
BWC Bureau of Working Conditions
BWSC Bureau of Workers with Special Concerns
CBA Collective bargaining agreement
DOLE Department of Labor and Employment
FGD Focused group discussion
GDP Gross Domestic Product
GLS General labor standards
GNP Gross National Product
GVA Gross Value Added
HR Human resources
IC Independent contractor
IJM Internal Job Management
IRR Implementing rules and regulations
KII Key informant interview
LLCO Labor Laws Compliance Officer
LLCS Labor Laws Compliance System
NCMB National Conciliation and Mediation Board
OSHC Occupational Safety and Health Center
OSH Occupational safety and health
PagIBIG Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya, Gobyerno
PhilHealth Philippine Health Insurance Corporation
PSIC Philippine Standard Industry Classification
PWDs Persons with Disabilities
RA Republic Act
ROs Regional Offices
RTD Roundtable discussion
v
ABBREVIATIONS
SAVE Special Assessment or Visit of Establishments
SEnA Single Entry Approach
SSC Shared Service Center
SSS Social Security System
TRO Temporary restraining order
TV Television
UHF Ultra high frequency
VHF Very high frequency
vi
TABLES
Title Page
1 Film Production and Television Broadcasting Industry’s

Contribution to the Philippine Economy 1
2 Philippine Labor Market: Facts and Figures 2
3 Estimated Number of Workers in Major Television

Broadcasting Networks 2
4 Operational Framework 6
5 Work Arrangement and Types of Workers Involved

in Television’s Film Production and Broadcasting
Networks 17
vii
FIGURES
Figure Page
1 Analytical Framework 4
2 Motion Pictures Production 8
3 Motion Pictures Distribution 8
4 Television Broadcasting Business Process 13
5 The Structure of Business Process in Television Networks 14

viii
ABSTRACT
Television’s film production and broadcasting business is of national interest. Its products,
called television programs, create social impact and national relevance. The process of
creation and delivery of such products is both an art and science. It involves atypical work
arrangements and working conditions perceived to be affecting the occupational health and
safety of workers in the industry. Most of these workers are highly skilled professionals
or persons with special talents. To protect the best interest of the workers, DOLE, on 26
April 2016, issued Labor Advisory No. 4, Series of 2016 (“Working Condition in the Movie
and Television Industry”), to ensure compliance with labor standards, occupational safety
and health standards and required working conditions for all the workers and talents,
including children and elderly. In line with this, the DOLE created a Special Assessment or
Visits of Establishment (SAVE) team to understand the peculiarities of work arrangement
and work conditions in the industry, and to formulate specific guidelines for the movie
and television industry.
This research is an initial attempt to describe the business process of Philippine television
industry and its peculiar work arrangement and working conditions. The research also
describes the pressing issues confronting TV networks, particularly their capacity to
comply with the industry guidelines set by DOLE. The issues that were identified can
be summed up in the following categories: a) coverage; b) work arrangement; c) talent
fees/wages, d) working hours; and e) and the need to regulate or liberalize the industry.
Likewise, the research suggests some policy options in the following areas: a) coverage,
b) work arrangement, and c) working conditions.
1
I. OVERVIEW OF THE STUDY
Introduction
Film production and television broadcasting is said to be the mirror of Philippine society.
It reflects the Filipino’s personality, culture, history, and tradition. The industry serves as
the most effective tool in influencing the society in promotion of the nation’s aspirations
and cultural development. It records the events, historical facts, tourist destinations,
geographical features, disasters, ideas, dreams, and life drama. More importantly, this
industry serves as an opening door in presenting to the world the Philippines as a nation
and the Filipinos as its people.
In economic terms, the film production and television broadcasting industry is considered
the biggest player in the broader entertainment sector. The industry’s contribution to
economic development rose as high as 0.06% of the Philippines’ GDP in 2008. However,
recent data registered a continuous decline in the industry’s contribution to the Philippine
economy, as shown in Table 1.
Table 1. Film Production and Television Broadcasting Industry’s Contribution to the Philippine Economy
Source: Philippine Statistics Authority, National Accounts of the Philippines and Philippine Business
Industry Survey 2012; Banko Sentral ng Pilipinas Statistical online; 1994 Statistical Census of
Establishment, as cited by Garcia L. Marasigan C., PIDS
On Labor and Employment - The business process uniqueness in film production and
broadcasting generates atypical work arrangements and creates numerous challenges
relating to the working conditions of those engaged in the sector. Foremost, to gain its
competitive advantage, the industry needs special kind of talents and skills both in arts
and science. The industry’s manpower involved highly skilled artists, professionals, and
technical staff working across the television broadcasting and film production. The workers’
range of activities and responsibilities depend on the project value, size, capacity, and
length (normally between 3 days and 16 weeks) of film production.
An overview of the Philippine Labor Market as of July 2016 Labor Force Survey revealed
the following facts and figures, as shown in Table 2.
2 Institute for Labor Studies Celia V. Cabadonga
Table 2. Philippine Labor Market: Facts and Figures
Source: Results of the July 2016 Labor Force Survey of the Philippine Statistics Authority
At present, there is an estimated 15,000+ employees (conservative estimate) in the
industry. It does not include the workers it created indirectly during its film production and
broadcasting process. The industry’s employment share to the total country’s employment
is only .00035 percent, far below 1 percent.
Table 3. indicates an estimated number of direct workers in the industry. This estimate
does not include indirect workers of TV network’s sister companies and outsourced
workers through legitimate contractors.
Table 3. Estimated Number of Workers in Major Television Broadcasting Networks
Source: Networks Profile
Assumption and Hypothesis
This study assumes that in general, the industry encompasses flexible work arrangements
and peculiar working conditions which includes the following:
1. Flexible work arrangements
• contracting and subcontracting arrangement; and

• self-employed or freelance contract arrangement.
2. Peculiar Working Conditions
• long working hours in shootings or on-location;

• disparities in salaries/wages, depending on skills, popularity, size of the company,
and the size and scale of projects;
• experience of pressures and stressful situation;
In Focus –
Work Arrangements and Working Conditions in Television’s Film Production 3
and Broadcast Industry: Issues for Social Dialogue
• work demands flexibility and mobility;

• Frequent travels (local and foreign),
• overnight and overtime works;
• professional abuse; and
• fierce competition.
Research Objective
The main objective of this research is to describe the television’s film production and
business process, its work arrangements and working conditions.
Research Problem
The peculiarity and kind of jobs in film production and television broadcasting presents
various challenges in work arrangements, working conditions, occupational health, and
safety of those engaged in this sector.
In light of protecting the workers’ best interest, DOLE issued on 26 April 2016 the Labor
Advisory No. 4, Series of 2016, entitled Working Condition in the Movie and Television
Industry to ensure the companies compliance with labor standards, occupational safety,
health standards, and better working conditions for all the workers and talents, including
children and elderly in movie and television industry.
The DOLE advisory alarmed the industry, which prompted TV networks to file for a
temporary restraining order (TRO) based on the account that the advisory was issued with
undue haste. In addition, the compliant underscores the need to take into consideration
the unique characteristics of the industry, its atypical work arrangements, and its highly
competitive business environment. DOLE responded by conducting consultations with
key stakeholders.
On 23 May 2016, Administrative Order 313, Series of 2016 was signed by Secretary
Rosalinda Dimapilis-Baldoz, creating a DOLE Assessment Team to conduct Special
Assessments or Visits of Establishments (SAVE) to assess, validate, and verify the
compliance of companies in the movie and television industry.
With the advent of change in leadership, another Administrative Order was issued by the
new DOLE Secretary Silvestre H. Bello III on 19 September 2016 creating the composition
of the DOLE Assessment Team to conduct SAVE. The SAVE team is composed of eight
agencies of DOLE, particularly: Bureau of Working Conditions (BWC) as lead, Occupational
Safety and Health (OSHC), National Conciliation and Mediation Board (NCMB), Bureau of
Labor Relations (BLR), Bureau of Women with Special Concerns (BWSC), Labor Laws
Compliance Officer (LLCOs) of DOLE Regional Offices (RO), and Institute for Labor
Studies (ILS).
The Institute for Labor Studies is commissioned to formulate a research framework and
provide policy inputs for the drafting of industry specific guidelines for the conduct of SAVE.
Analytical Framework and Methodology
A. The Analytical Framework
In examining the work arrangement and working conditions in television’s film

production and broadcasting, a simplistic analytical framework which seeks to follow the
interconnectivity of labor market realities in television filmmaking and broadcasting to the
peculiarities of the business process in a competitive business environment was applied.
The study proceeds with the uniqueness of the networks’ business process where
filmmaking and broadcasting is viewed as a form of fine arts. The study assumed that
the business give focus to costumer’s satisfaction, which requires an execution of artistic
craftsmanship and technical cinematographic effect. The kind of work process involved
deemed subjective and dependent to the directors’ artistic creation.
This research will determine the extent to which current industry practices, in terms of work
arrangements and working conditions, are consistent with the DOLE policy particularly,
Rule IX of DO 131-B, the rule mandating a Special Assessment Visit of Establishment
(SAVE) and Labor Advisory 04, Series of 2016, which deals specifically on working
conditions in the movie and television industry.
Hence, profiling the peculiarities of the industry’s business process, work arrangements,
and working conditions is necessary to formulate the policy recommendations that will
give an evidenced-based approach in crafting the specific guidelines for movie and
television industry.
Figure 1. Analytical Framework
In Focus –
To do this, the research is divided into two phases: Phase One of the research is the conduct
of a round table discussion (RTD) with major television and other broadcasting networks,
and Phase Two is the actual Special Assessment and Visit to Establishments (SAVE).
Phase One is the conduct of RTD with key stakeholders from television broadcasting
networks. This social dialogue is in response to the broadcast industry’s request of in-
depth consultations with stakeholders and field experts. The RTD was attended by the
management and workers’ representatives of major TV networks in the country, members
of Broadcasting Industry Tripartite Council (BriTC) representing the stakeholders group,
and the members of the DOLE SAVE team representing experts in the field of labor and
employment.
This RTD engaged the major stakeholders in television film production and broadcasting
industry in a discussion pertaining to work arrangements and working conditions in
relation to the uniqueness of their business process.
The TV networks discussed their business processes in television film production and
broadcasting with the DOLE officers involved in SAVE activities, BriTC members, and
workers’ representatives.
This was followed by a workshop discussion, where the attendees were grouped into two:
the management group and the workers group. The management group was subdivided
into companies or TV station networks. The groups discussed their work arrangement
and working conditions with the DOLE SAVE members as facilitators.
Phase two is the validation of the identified issues and concerns relating to work
arrangements and working conditions. The SAVE team will visit the TV station networks
to conduct the validation through survey questionnaires, observation, and focus group
discussion. The research team will use both the qualitative and quantitative approach, but
focusing more on qualitative data, using focus group discussion (FGD) with employers’ and
employees’ representatives and key informant interviews (KI) with the Human Resource
Development Officer.
A survey questionnaires will also be administered with the workers. The details and
intricacies of work arrangement, work conditions (specifically the hours, work, and rest
period), and safety and health of the workers will be explored and documented. An FGD
with the management and workers’ representatives will be administered for in-depth
discussions of areas of concerns to effectively elicit suggestions and recommendations
towards achieving a possible win-win solution to the problem.
Their inputs will be analyzed and reported by specific DOLE agencies based on their
areas of concerns. The inputs and policy recommendations will be integrated by ILS and
submitted to the DOLE Secretary for policy directions and drafting of guidelines.
The phase two of the SAVE and research operational framework will follow the simple
process outlined below.
Table 4. Operational Framework
B. Limitation of the Study
This study only covered major television networks in the country with focus on television
film production and broadcasting industry due to the time constraint. The profiling of the
movie industry is proposed tobe covered in the next phase of this research.
II. OVERVIEW OF TELEVISION’S FILM 7
PRODUCTION AND BROADCASTING INDUSTRY
A. Motion Picture Production and Broadcasting Industry Defined
The Philippine Standard Industry Classification (PSIC) defines the film industry into
two major classifications, namely: 1) Motion Picture Production (No. 9611) and 2)
Motion Picture Distribution and Projection. (Census of Establishments, 1994)
Motion Picture is a series of still photographs on film, projected in rapid succession into
a screen by means of light. According to Garcia (2001, p. 2), because of persistence
of vision, it gives the illusion of actual, smooth, and continuous movement. It is a
remarkably effective medium in conveying drama, especially in evoking emotions.
Motion picture is the newest of the generally recognized fine arts. The art of motion
picture is exceedingly complex, requiring contributions from nearly all of the other
arts as well as technical skills.
Television is a system for transmitting visual images and sound that are reproduced
on screens, chiefly used to broadcast programs for entertainment, information,
and education. Principal types of films include action pictures, social, historical,
psychological films, comedy, religious, theatrical, cartoons, non-artistic films, pictorial
reports, and travelogues.
Broadcasting is the process of motion picture distribution and projection. It is the

process of delivery or airing of motion pictures produced for the watching public.
The major television station networks of the country engaged itself in both film
production and broadcasting or broadcasting only.
B. The Structure of the Film Production and Television Broadcasting Industry
Film Production and Distribution
Motion picture production is often used to refer to the industry of films and filmmaking.
It is the process of financial and administrative management involved in movie, play,
or record. Motion picture is a completed composite print of any silent and sound
motion film or tape, either black and white or in color, that can form visual moving
images on the projection screen or television screen through mechanical application of
projection equipment. The motion picture production process is illustrated in Figure 2.
Figure 2. Motion Pictures Production
Motion pictures production involves different work processes, such as: a) story
development, b) pre-production stage, c) production stage, and d) post-production
stage. Key activities or jobs in motion pictures production include: screenplay, producer,
director, budget, lead actors, cameraman, and major talents like, production designers,
cinematographers, technical support crews etc. The total production period for a motion
picture in a television program can be days or weeks or may continue for as long as one-
year or even longer, in case of soap opera or telenovela.
Motion picture distribution and projection. After motion picture is produced, positive
prints are made from the negatives. The films are projected on the screen through
TV stations broadcasting networks. Distribution agreements between independent
producers and distributors and station networks may greatly vary. However, there are
certain “standard arrangements” which form the basis for most distribution agreements.
Distribution rights to completed films are often limited to a term of years and to certain
geographical areas, although it may also be a perpetual term and for the entire world.
Motion pictures distribution follows the diagram in Figure 3
.
Figure 3. Motion Pictures Distribution
Key activities or jobs in the distribution of motion pictures include: 1) licensing or

booking of films; 2) creation, development and dissemination of advertising, publicity,
and promotional exploitation; and 3) purchase, delivery, storage, inspection, and repair
of positive prints used in exhibiting the films. In all stages, Coloma (year, p. _) notes that
a highly competitive nature of business is present.
9
III. RESULTS AND DISCUSSIONS
A. The Business Process in Television Networks
The following are the excerpts of the business process presented by the three major
television broadcasting networks of the country during initial visit to the TV network
stations in the conduct of the research briefings, and during the conduct of a social dialogue
with stakeholders in an RTD entitled, A Social Dialogue in Movie and Television Industry,
was held on 23 November 2016 at Bayleaf Hotel, Intramuros, Manila. The discussion
made by major television broadcasting networks simply tagged as TV Station Network
1, 2, and 3 were as follows:
Types of Television Business
The different types of business process found in three major networks includes the
following:
Block Timer. This type of production is handled by a different company. The

company takes care of all processes of production (i.e., concept, artists, and
content). The company buys a fixed number of hours from the network to air the
program. Examples are healing mass, Eat Bulaga, advertisement, and Star Awards.
The only television network employees are engineers assigned to air the program.
Line Producer. This type is a co-production where the television network engages
a line producer through a contract to produce a program. The Line Producer will
be responsible for the implementation of a program according to the network’s
specifications. The engagement between the network and the Line Producer is
dependent on the program or show to be aired (i.e., Wansapanataym). The
television network decides what type of program they want and it is up to the
Line Producer to make it, thus the former does not have control over the hiring
process and production details (similar to a commissioned work).
Co-production. This type involves the television network and an external producer
who shares the responsibilities of the production. The duties and responsibilities
of the network and the producer are not fixed. The contract normally does not
contain provisions for employee engagement but rather, on the obligations of the
parties.
During production, the producer is the person responsible. If the shooting is

outside the country, the producers collaborate with local directors and technical
staff given their familiarity with the local environment. Persons engaged by the
network and producers all have contracts, although not necessarily employment
contracts because the people involved have different engagements.
Foreign Canned Shows or Licensed Programs. This type of production allows

the television network to acquire a license to air foreign shows (i.e., Korean and
Mexican series, NBA, and Miss Universe). TV Stations usually outsource
personnel to do the dubbing of series in Filipino. In certain instances, the network
engages commentators for foreign sports programs in a contract.
Self-produced Programs. This type of production has all aspects of production

controlled by television network. The process includes: a) story or concept
development, pre-production, production proper, postproduction, airing or
broadcasting.
The Production Process
The television networks film/program production can be within the establishment or studio
taping or outside the establishment (location shootings). The types of production depend
on the kind of program they will air, briefly described as follows:
Studio Taping - includes conceptualization, staffing, creative development, pre-

production, budgeting and identification of production requirements, promotions,
ground work, production proper, postproduction, and airing.
News Production - It includes the process in the studio or on-site. A newsroom

is a central place where the journalist, reporters, editors, and producers, along
with other staffers work to gather news and broadcast in television. Newscast is
aired in the morning, lunchtime, early afternoon, late afternoon, primetime, and
late night. News is also aired during weekends including the breaking news.
Types of workers involved in news production are the following: news desk officer,
news producers, reporters, anchors, camera men, administration support, writers,
video editors, video researchers, deployment group, live remote facilities group,
live on-air personnel, and various support groups.
Drama production - In drama, postproduction sometimes takes longer time than

the actual production phase.
The work processes involved in the film/program production process are as

follows:
In Focus –
Table 5. Work Arrangement and Types of Workers Involved

in Television’s Film Production and Broadcasting Networks
Production process Pre- Production Production Proper Post Production

Studio Taping - i n c l u d e s - i n c l u d e s -Includes editing
confirmation of segmentized and actual
cast and approved programs, like broadcasting to
guests; b) tapings are reach its audience
production to do sequenced per through television.
taping sequences; area of the set
c) finalization of or per segment;
call slips including - Games and
the processing of competition shows;
necessary permits - Magazines,
for foreign and child cooking shows
actors or actresses; – where taping
d) discussion is per episodes
and finalization
of foreign
requirements;
- Workers involved
are program
m a n a g e r s ,
e x e c u t i v e
producers, creative
team, director,
production team
News Production - Involves - Entails news - on-air status
planning the story; g a t h e r i n g ; or live airing;
- - D r a f t i n g -production review
Conceptualization the line-up; which includes an
on what are the -Drafting the scripts; analysis on what the
issues to be -Implementation things that worked
tackled and who of quality control; and what did not
are the sources; -Deployment and work and what
preparation of could be done better
technical facilities; - preparation of
the next coverage
- setting up - Fact checking,

the stories which video editing,
includes bookings, checking of various
preparation sources like:
of equipment on-line foreign
and deploying correspondents,
news team; radio etc.,
P r o d u c i n g
the material
which involves
background and
library research.
Drama Production - includes: a) - is the actual taping - In drama,
determination of day. It is the time postproduction
staff requirements; of actual shooting sometimes takes
b) the cast where actors and longer time than the
requirements actresses are on the actual production
including bit players set and the cameras phase. It includes
and peripheral are rolling. On- the following
characters; c) location production work process:
preparation of can be held in a) ingesting of
contracts for Metro Manila, out materials; b) editing
off-cam and on- of town or out of of video footage/
cam talents; d) the country. The acquire materials,
securing of permits location shoot c) scoring or
for locations and nightmares that can adding sound
DOLE permits for lead to delays in effects, music, and
minor actors; e) production process stringers; d) adding
location planning includes: a) bad titles and graphics;
and scouting; weather condition; e) checking of
f) for the studio b) health condition color and exposure
taping and fantasy of artists; and c) correction;
soap, preparation technical problems. and f) adding
of set design, and special effects.
construction of set,
g) props and ward
robe preparation;
h) special effects
identification and
preparation; and
i) finalization and
taping breakdown.
In Focus –
The Broadcasting Process
The television networks basically comprise the film and broadcast industry. The
broadcasting industry consist of seven very high frequency (VHF) networks, six ultra
high frequency (UHF) networks, and 106 cable channels (ABS-CBN SEC Report, 2002).
The diagram of business process in television broadcasting is shown in Figure 4.
Figure 4. Television Broadcasting Business Process
The broadcasting business process is described by the following concepts:
Content - the TV program’s content can be classified into two: a) the acquired
content is the TV program bought from other source; and b) the created content
is the TV program in which the station network sponsored for creation.
Post-production process - is the the processing of motion pictures or films for

broadcasting purposes. This stage is commonly known as editing. Post-production
can be voice edit and video edit. Some foreign film series are transferred into
the local language or Tagalized version. This process is called audio editing or
dubbing, while some film materials (like obscene scenes) were cut from the
original films, called video editing.
Delivery or broadcasting proper - is the process of technical communication

networking where the audience can watch the airing of the content.
Monetization process - is the business side of the industry. Lifting from the
presentation of TV 5 Broadcasting Network’s Mr. Luvie A. Delos Reyes during
the RTD, it is the art of making money out of broadcasting through commercial
airtime selling and other sources.
It can be deduced that the complete structure of television networks’ film production and
broadcasting revolve in four types of business process. The networks power of control
over the work arrangement and working conditions will vary, based on the type of business
and programs they are broadcasting. The networks maintain minimal regular workers
and relies heavily on contractual employment, especially during the pre- production,
production and post production stage. Figure 5 shows the structure of business process
in television broadcasting networks.
Figure 5. The Structure of Business Process in Television Networks
In Focus –
Practices and Peculiarities
Based on the results of key informant interviews and FGD, some of the practices and
characteristics peculiar to television broadcasting business process are as follows:
1) The television broadcasting business is of national interest. Its product creates

social impact and national relevance.
2) Broadcasting sells airtime. Programs released by the television network

depend on the viewers. The ratings determine how much the viewers like the
program. A high rating means either more advertisement to be bought or higher
price for every advertisement. TV Station networks gets its business profits from
the advertisement.
3) TV broadcasting business and production process cannot be measured and

evaluated using the general labor standards’ production frame fitted to
manufacturing companies. It involves multiple designs of working arrangement.
4) The kind of workers that the industry employs consist of highly skilled
professionals and special talents who are freelancer or governed by contract
arrangements and have no employer-employee relationship.
5) Talents, workers in video-taping outside the studio engages temporary workers,

contractual job arrangements, long hours of work, and multiple shifts employees.
6) The engineering department of the television network is always involved in all

types of production. Usually, the workers are regular workers of the television
company.
On Health and Safety:
7) Some networks provide insurance for worker’s safety and health. The length
of the insurance covers both the time when work is done inside and outside the
network premises.
8) The network has an internal team of safety and health officers solely for their
production. However, only the staff of self-produced programs of TV Station
Network 1 have such privilege. In terms of Black Timer, the TV Station Network
1, does not cover its worker’s safety and health because they already have their
own studio and only come to the company with a finished program. On the other
hand, Line Producers are accountable for their personnel’s safety and health.
On Working Conditions:
9) The area was cramped with little room to maneuver the props needed during
the production. The audience were asked to stand up every time the props need
to be brought on the stage.
10) There are Persons with Disabilities (PWDs) present in the audience. While
there is a designated area for them, the set does not have ramps and the entrance
and exit are not PWD friendly.
11) One segment of the production features child contestants. The participants
raised the need for a child psychologist during these contests. The representatives
from Network 1 noted the need to hire a child psychologist and they already have
a budget allocation for it.
Summary of Work Arrangements and workers involved

The following diagram below shows a summary of TV Networks’ work arrangement and
types of workers involved in every stage business process, shown in Table 5.
In Focus –
Table 5. Work Arrangement and Types of Workers Involved

in Television’s Film Production and Broadcasting Networks
In summary, based from the TV networks presentation of business process, the initial
findings were as follows:
a) On work arrangement - most of the workers in the television’s production

process have contractual work arrangement. The workers involved in different
types of business process have the following arrangements:
1) Individual Contract (IC) workers - commonly called talents and

specialists (e.g. artists, writers, directors, camera men, lights men, music
arranger);
2) Outsourced workers from legitimate contractors (e.g., security guards,

food caterers, props men, etc.);
3) Indirect kind of workers are workers hired by partner companies in

co-produced or line produced programs.
In Focus –
The regular workers can be found in broadcasting or airing process like the engineers and
in monetization process, like the producers, accountants, and accounting staff;
b) On the exercise on power of control – The power of control exercised by the

television networks over the workers may vary depending on the business type
or kind of program they are broadcasting, as follows:
a. Blocktimer – networks have no power of control over the workers

except workers in broadcasting or delivery process;
b. Line production –networks have no power of control over the

production process, the power of control only lies in developing the
content and actual broadcasting and monetization;
c. Co-production – networks exercise indirect power of control over the

workers in the content and production process and direct control on
broadcasting and monetization process.
d. Self production – networks exercise full power of control in four

stages of business process, such as in developing the content, production,
delivery and monetization
In general, TV networks exercise indirect power of control over the contractual and
individual workers in the production line. The direct power of control can only be seen
over the workers in broadcasting or airing and monetization process.
B. The Work Arrangements, Working Conditions, Safety and Health of the Workers in
Television’s Film Production and Broadcasting Industry
The RTD attendees were divided into two groups, the workers and the employers group.
The workers group were composed of five major television broadcasting networks, while
the management group were clustered per networks they belong. The discussant came
from five major television networks in the country. The results of RTD are as follows:
Work Arrangements
Excerpts from the discussion with the employers group revealed that the networks have
different kinds of work arrangement:
Direct employment - are those work arrangements where workers are directly
under the TV Station network companies. Direct employment can be of different
types:
1) Regular workers - are directly hired employees who start under a six-month
probationary period. The TV network exercise direct control and supervision over
the workers. Regular workers can be of three types: a) confidential; b) supervisory;
and c) rank and file.
2) Project-based and contractual workers - are those workers taken by the

company through legitimate agencies or contractors. The agency contractors
supervise workers in the networks premises. Project-based or contractual workers
includes: security guards, janitors, building management services, drivers etc.
3) Independent contractor workers - are those workers hired under individual

contracts with the TV network where the agreement deals mainly on the types of
services or output to be delivered (i.e., results-based or output-based workers).
Workers under independent contracts include:
a) Talents - are type of workers involved in fine arts executions like:

artist, stars of the shows, newscasters, writers, editors, directors, etc.
b) Specialists - are type of workers with special skills usually they are
involved in technical/engineering work aspects, like: audio man specialist,
lights man specialist, etc.
In Focus –
23
Indirect employment - is a setup where workers are not directly employed in the
TV network but work under the TV network’s sister companies or company
subsidiaries. For instance, most film production processes in the television
broadcasting business use their company subsidiaries.
Most of the workers involved here are those in the production line of on-site
location shootings. The power of control and supervision of workers is within
the subsidiary companies. The TV networks engagement is only on the type of
TV program or contents produced.
One major television network revealed that they employ 3,000 to 4,000 direct
and indirect workers. However, the number of workers covered by their Collective
Bargaining Agreement (CBA) only ranges from 500 to 600 workers. Contractual
workers outsourced through licensed contractors which are covered by the
general labor standards are not yet accounted for. Talents and artists under
individual contracts or free-lancers are not covered by the general labor standards
and hence, seek labor protection.
Emerging Trends in Employment Arrangement:
The creation of Talents and Specialist Works
One emerging trend in TV network’ employment is Individual Contract (IC) system,

which is a kind of work arrangement where the agreement between parties are
focused on the kind of services or outputs produced or delivered. The workers
(freelancers) are bound by individual contracts with the company. The type of
workers under this arrangement are called talents and specialists. Each talent
or specialist is expected to deliver a certain kind of service or output to the network
for a certain fee. The time and the way that certain output will be produced is
beyond the control of the network.
The positive side of this arrangements is that, talents or specialist can work with
multiple employers using their skills at their own phase and bargain with the
value or amount of the service to be rendered. The payment out of the service
they rendered is called talent fees and not wages. Results of the study show
that most young workers are happy with this kind of atypical arrangement. They
prefer this kind of work arrangement because they earn more, depending on
their talents and capabilities. In general, it was also observed that the emerging
work preference of the new age is output-based, result-oriented, multi-tasking,
and multi-employer system.
The negative side and crucial consequence of this arrangement is the perceived
crippling of worker’s security of tenure given the lack of employer-employee
relationship. The management group argued that Labor Code protective provision
on general labor standards will not apply with talents and specialist workers.
Hence, the provisions on working hours, rest day, overtime pay, night shift
differential, holiday pay, and other social benefits under general labor standards
will not apply. Likewise, any dispute that may arise due to termination is governed
by the Civil Code and not by the Labor Code.
 Streamlining of regular employees
Another employment arrangement found in the TV network is the streamlining

of regular employees. During the workshop discussion, it was revealed that major
networks’ policy direction in recent years is to cut down regular employees and
replaced them by contractual workers and individual talents.
TV networks’ strategy in streamlining regular employees is through separation

packages. The separation package can be through 1) higher separation pay or
2) special separation package. Higher separation pay computation is over and
above the minimum requirements of the law. The special separation package, on
the other hand, includes lump sum of their separation pay plus the network’s
commitment that separated employees can be rehired through internal cooperative
agency.
The positive side of separation pay offer is the chance for regular employees
to venture into business. The big amount of separation pay could open an
opportunity for entrepreneurship or for finding another employment, or both.
On the side of the companies or networks, the management can plan ahead of
time or have their business forecast. This HR strategy is cost saving for the
company since they can minimize the cost of benefits package that regular
employees will demand in the CBA negotiation by cutting the number of their
regular employees. Likewise, gradual streamlining of regular employees will
lessen the financial worries on workers’ retirement benefits when the workers
reached their retirement age.
The negative side of it is the gradual loosening of the shield and protection of
workers as mandated by security of tenure provision under Article 260 of the
Labor Code. This act will likewise weaken the workers right to form unions by
weakening their bargaining power and voice representation. The bargaining power
of unions will automatically weaken by cutting the number of regular employees
to minimal level. Moreover, separating the regular workers before reaching their
age of retirement will diminish the company’s big financial responsibility of
giving the retirement benefit package under Republic Act 7641, “An Act Amending
Article 287 of Presidential Decree No. 442, as amended, otherwise known as
The Labor Code of the Philippines, by Providing for Retirement Pay to Qualified
In Focus –
Private Sector Employees in the Absence of any Retirement Plan in the

Establishment”, the act that provides protection of workers when they reach the
twilight years of their lives.
This kind of arrangement of doing away with regular rank and file employees
is another way of loosening the union strength in collective bargaining. The
trend in TV network is gradually replacing the old timer rank and file workers by
young specialist (freelancer) workers. The specialist can be classified as technical
workers with expertise in their field of work, (e.g., audio man, camera man,
graphic specialist etc.). Moreover, it was found out from the discussion among
the workers group that TV networks consider specialists as confidential employees.
Hence, they are not allowed to be a union member. This HR strategy however,
can be rebutted legally by Supreme Court definition of confidential employees,
which means those who (1) assist or act in a confidential capacity, and (2) who
formulate, determine, and effectuate management policies in the field of labor
relations.
 Freeze hiring policy of regular employees and dismissal of regular workers

because of redundancy
Another TV networks’ strategies in cutting the number of their regular employees

are the freeze hiring policy of regular employees and dismissal of rank and file
due to redundancy.
Discussions with the RTD participants show that all rank and file employees both
technical and administrative can be outsourced. It is a market-driven business
initiative to compete in a globalized economy. The TV network process in hiring
rank and file staff is through subcontractors or service providers. In one TV
network, the subcontractors in-charge of hiring technical staff is Internal
Job Management (IJM) and subcontractors in-charge of hiring administrative
staff is through Shared Service Center (SSC). Another TV network’s way of hiring
technical and administrative staff is through their internal Cooperative called
Interserve Cooperative. Worker discussant attested to the facts that almost
all workers in the television can be outsourced by the companies including
directors, scriptwriters, editors, human resource personnel, time keepers, lights
men, audio men, camera men, etc.
One union representative reported that there were massive dismissal of regular
rank and file workers in regional branches due to redundancy. They deemed
that only regular employees considered by the TV station networks are the highly-
skilled technical electronic and communication engineers that are manning their
network’s tower broadcast system.

This work arrangement, on the positive side, allows more flexibilities in business
process and management for the TV networks. This strategy is one of the
management’s way of resolving the intricacies required by the execution of fine
arts in producing films. The management representative explained that arts
execution in producing films should not be confined to too much restrictions.
This kind of works demand a certain freedom of execution and subjective
momentum which is very necessary in producing fine arts’ desired results in
meeting the costumers or public satisfaction. The value of fine arts production
is the selling point of any TV network programming. It is the very core of their
business branding strategy.
The negative side is the perceived diminishing protection to workers, especially

the rank and file and the vulnerable groups. The TV networks’ emerging work
arrangements pattern follows a market-driven principle of business survival.
Workers below follow the survival-of-the-fittest trend, thereby, sacrificing the
weak and the vulnerable in the process.
Working Conditions
In general, major TV networks that participated in the discussions are compliant with the
general labor standards in working conditions. This holds true for direct employees both
administrative and technical workers of the networks. However, this humble research
noted that, talents or artists and specialists working in the film production line, especially
on-site production, have a different story.
On Working Hours - discussants during the workshop explained that all workers
except the IC’s talents and specialists follow the eight-hour law. The direct workers
in the TV networks have different shifting within the eight-hours frame, with one
hour lunch break and two fifteen-minute coffee breaks. Major TV networks monitor
their attendance through biometrics authentication.
On the other hand, the artist and specialist indirect workers from TV networks’
sister company subsidiaries who work in the film production especially on-site
or location shooting, have told different stories.
The talents or artists express their sentiments through social media and other
sources that their working hours is sometimes basically seven days in a week.
It involves taping and pre-production meetings. Their work schedules started
from early call time and late pack-ups. They also indicated that during location
shootings they find no-time for rest and just steal a short nap or sleep. Their
work schedule is a 24/7 work hours. Some artist and specialist also revealed
that reality television shows are the most exploitative works since they are
confronting the real environmental hazards, like typhoons, floods, fires, and other
In Focus –
disasters. Artists’ tweets and comments release in social media suggest that they
are exposed to horrible working hours and unhealthy working conditions.
Moreover, the specialists working on the camera, lights and sounds and other
production workers revealed that working hours during on-site shootings ranges
from 16-24 hours. They explained that sometimes, high-profile actors and
actresses are so expensive that the production staff must bend backwards to
consolidate schedules and get the job done. Their work hours is sacrificed to
accommodate diva performers and maximize logistics. Artist comments through
social media revealed that some production companies constantly break the
eight-hour labor law by scheduling 14 to 20 hours location shooting per day or
20 to 22 hours straight location shootings for five days. Added to the nightmares
are the food supply, accommodation, and transportation need of production staff
while on location shootings. (Sourced from the internet, artists social media
comments, blogs, and tweets)
The crucial point here is most workers in the production line are artists and
specialists who are governed by individual contract with the companies and have
no employer-employee relationship with the TV networks. The companies’
lawyers argued that labor law will not apply to the workers under individual
contract, since their contractual obligations is governed by the Civil Code. The
worst thing about their predicament is the fear, especially by artists and specialists
to speak-up because they might lose job opportunities in the future.
In film production, the extreme case of work ethics’ professional abuse is

usually received by the director during location shoots where he/she is usually
the most overworked worker under extreme pressure. Since directors are
primarily responsible for the entire film production, they are the ones who
voluntarily suffer professional abuse out of their artistic passion to satisfy the
viewing public. A management representative explained that their artistic
preference and craftsmanship follow a certain momentum and sometimes forget
their physical human limitations. Recently, they perceived that these situations
resulted to the death of three directors.
Another group of workers that suffered the worst working conditions are the
production crews. During on-site shootings, the crews are the first to arrive and
the last to leave the location. Their sentiments are long working hours, no time
for rest, poor accommodation, and lack of foods. They wish to bargain with the
management on the following: a) good accommodation where they can find
comfort for rest during short breaks, b) palatable and sufficient food for them to
gain the energy they needed for overnight works, and c) availability of transport
services after shooting schedules. The common sentiment is that production
crews who work behind the scenes are the groups heavily neglected.
In one article, a leader of the artist group clearly stated, “Kailangan pa bang may
mamatay? Kailangan pa bang may magkasakit bago tayo umaksyon? Bago umabot
sa pagkakaton na iyon, agapan na natin!” The issue at hand pose an alarm and
concern for the DOLE to issue Labor Advisory No. 4, series of 2016, to protect
the working conditions in movie and television industry.
On Rest Period, Overtime Pay, Holiday, Night Shift Differential, Payment of

Wages, Retirement pay
The networks regular workers and direct workers outsourced from legitimate
agencies followed the general labor standards. Their working conditions are
properly protected by the Labor Code, like rest period, overtime pay, and payment
of night shift differentials. Premium pay for regular and special holiday is likewise
paid by the network. However, there are some networks that require justification
before paying the same. The networks are also compliant to all leave entitlements
like, maternity leave, paternity leave, solo parent leave, and special leave for women.
It was also revealed that major TV networks leave credits are over and above the
minimum GLS like 15-days vacation leave per year and 17-days sick leave.
Moreover, retiring regular workers have good retirement pay.
The problem on GLS violation is found on those who work in on-site location
shootings. A union representative aired the workers’ grievance that travel time on
location site is not paid by the network. In one TV network, it was reported that
the network is deducting 8 hours from 24-hour duty per day in the calculation
of wages in the continued 24/7 working hours during location shootings. The
networks’ reason for deducting eight hours daily while on shooting is that the
eight hours is allocated for their time of rest and sleep. Night shift differential
also varies in different TV stations. If night work is from 6:00 pm to 6:00 am,
workers are given an additional 10 percent night differential, while in other TV
stations, the work that start from 8:00 pm to 6:00 am are given 20 percent. The
SSS, Philhealth, and Pag-Ibig of talents and specialists are also paid by the TV
networks.
Occupational Health and Safety and Healty Standards
In general, the major television network companies reported that they are compliant with
the safety standards imposed by law, foremost of which are the following:
a) Occupational safety programs and other measures - major TV networks have

a written Safety and Health Policy. Moreover, they have the Safety and Health
Committee represented by both workers and management. They also have an in-
house procedural guideline for the reporting of occupational hazards and accidents.
The most common accidents reported are vehicular accidents, accidents during
In Focus –
taping like falls. Major TV stations likewise maintain fire alarm within their
building premises and undergo seminar on occupational safety, fire safety training
and fire drill every summer. The new employees are required to undergo safety
orientation and emergency preparedness seminar and drug test. Employees are
also required to undergo training given by Occupational Safety and Health.
b) Medical Insurance Benefits - The workers reported that they enjoy medical
insurance (HMO cards) for certain kinds of illnesses encountered. Some common
illnesses encountered by workers are the following: stress related sickness, bells
palsy, anxiety, high blood pressures, aneurysm, etc.
c) Presence of Health Clinics and First Aid Medicines - the workers reported
that their establishments have clinic with doctors, nurse, and first aiders. There
are also trained safety marshals, and have first aid kits and medicines.
d) Physical check-up for non-regular employees - non-regular employees are

required to undergo annual physical check-up.

(Note: Detailed report to be supplied by Occupational Safety and Health Center (OSHC)
officers who are members of SAVE team.)
28 IV. POLICY INSIGHTS
“Any meaningful change must factor in the ideas and opinions of stakeholders and field
experts for it to protect both the welfare of our workers and the sustainability of the
industry. For this to happen, a crucial process would be in-depth consultations
with all parties.” (ABS-CBN)
A. Policy Inputs
The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for
all. They shall be entitled to security of tenure, humane conditions of work, and a living
wage. The State shall regulate the relations between workers and employers recognizing
the right of labor to its just share in the fruits of production and the right of enterprise
to reasonable returns on investments, and to expansion and growth. These guaranteed
rights are provided under Article XIII, Social Justice and Human Rights provision of the
Constitution.
To ensure that the rights of workers are properly protected, labor laws and other social
legislation were enacted. Foremost, Article 5 of the Labor Code gives mandate for DOLE
to make rules and regulations to implement the Labor Code. In the lawsuit case Rizal
Empire Insurance Group vs. National Labor Relations Commission, G.R. No. 73140, May
29, 1987, the Supreme Court ruled that the administrative regulations and policies enacted
by administrative bodies to interpret the law, which they are entrusted to enforce, have
the force of law and are entitled to great respect.
Labor inspection is a public function of the labor administration that ensures the application
of labor laws in the workplace. In the Philippines, labor inspection is in the mandate of
the Secretary of Labor and Employment through his or her visitorial and enforcement
power under Article 128 in relation to Article 303 (formerly Article 288) of the Labor Code.
To implement this, the Labor Laws Compliance System (LLCS) was developed. Signed
in 2013, DOLE Department Order (DO) No. 131 or the Rules on LLCS aims to inculcate
a culture of compliance with labor laws and other social legislations. This Rules was
amended by DO 131-B in 18 May 2016, called The Revised Rules on LLCS. Rule IX of the
DO specifically mandated a SAVE, which refers to the process of evaluating compliance
with labor laws for policy formulation.
The movie and television industries is one of the industries with unique working
arrangements and conditions. In light of protecting the best interest of the workers, DOLE
issued the Labor Advisory No. 4, series of 2016, entitled “Working Condition in the Movie
and Television Industry” on 26th April 2016 to ensure compliance of the industry with labor
standards, occupational safety, health standards and better working conditions for all the
workers and talents, including children and elderly in the movie and television industry.
In Focus –
As a response, the Movie and Television Industry Board filed a Temporary Restraining
Order (TRO) praying to take into consideration the uniqueness of the industry including
its atypical work arrangements in accordance with its highly competitive business
environment. A petition filed with the Quezon City Regional Trial Court questioned the
Labor Advisory because it was issued with undue haste and without consulting key
players of the industry. While the TRO was held in abeyance, it is important to ensure the
compliance of the industries with labor laws and related legislation.
To ensure compliance, Administrative Order No. 486, was signed by Secretary Silvestre
H. Bello on 19 September 2016 reconstituting the SAVE Team for the movie and television
industry. The team shall be composed of Bureau of Working Conditions, Occupational
Safety and Health, National Conciliation and Mediation Board, Bureau of Labor Relations,
Bureau of Workers with Special Concerns, Legal Service, Institute for Labor Studies, and
concerned Regional Office – Labor Laws and Compliance Officers.
The Institute for Labor Studies (ILS), as the research and policy arm of DOLE, seeks to
describe the working arrangement and working conditions of movie and television industry.
Specifically, it seeks to determine the extent of peculiarities of the kind of jobs and work
arrangements, describe the working conditions and practices of workers, identify specific
areas of concerns in occupational safety and health, and recommend component areas
that must be considered in the formulation of specific guidelines of the industry.
An RTD was held on 23 November 2016. This RTD also guide the ILS research during the
company visit in the conduct of FGD with the representatives of workers and management
and the conduct of workers survey to establishments.
B. Policy Impact: Issues raised in a dialogue
To understand the impact of the recent policy for television film production and broadcasting
industry, a cursory look on Advisory No. 4, Series of 2016 is necessary. It is important
to note that Labor Advisory No. 4 was issued to ensure better working conditions for all
workers and/or talents including children or elderly, in the movie and television industry.
The television networks in a social dialogue pose the following policy issues.
Is Labor Advisory No. 4, fitted for the industry, or as the stakeholders put it,
just a “square peg in a round hole?”
The TV networks explained that the Advisory is not fitting to the industry based
on the following arguments:
On business coverage - One of the TV network’s representative to the RTD pose

this question, “If the intention of the Advisory is to cover the entire movie and
television industry, why are the radio broadcasting stations excluded?” It was
noted that television industry has counterpart radio broadcasting in almost
all provinces of the country. It was also expressed that broadcasting can be a
separate industry from movie since the television and radio business is
broadcasting.
A cursory look on television network business revealed that television industry

is engaged both in broadcasting and film production. In fact, during the initial
presentation of the business process in one major TV network, it was explained
that their television business includes: a) blocktimer, b) line producer, c) co-
production, d) self-produced program. The direct engagements of TV network in
movie or film production is in line produced, co-produced and self-produced
program.
What the Advisory 4 wish to cover are workers engaged in film production.
However, the television business process is a continuing linkage of film production
and broadcasting. The programs that they produced, be it news, entertainment
or drama can be aired or broadcasted both in television and radio. Moreover,
radio broadcasting is also part of TV network business. The TV network business
covers the entire gamut of film production and broadcasting hence their sister
companies or company subsidiaries can be engaged in film or movie production
business or broadcasting business. Major TV stations also possess radio
broadcasting networks in almost all major areas and provinces of the country.
On industry coverage - The gray area found in drafting the guidelines for movie
and television industry is, “Whether or not to cover the radio broadcasting
business of the TV networks?”
On the workers’ coverage - another question that arise during the RTD was,
“if the Advisory’s intention is to cover the individual contract workers (ICs)
or freelance workers who work in the film production line, why are the specialists
not included?
The Advisory should likewise include not only the talents or artist but also the
specialists. Talents and specialists type are individual type of workers that
perform services which are necessary and desirable in film production of the
television industry. However, talents and specialists are governed by individual
contract with the TV network bounded by their agreement to produce a specific
kind of job for a certain fee. The production of this job is beyond the control of
the TV network.
The basic policy question that arise here is that, “Whether or not to cover talents
and specialists (freelancers)? By looking closely on two opposing views, we can
deduct the following:
In Focus –
On one hand, the crucial point of covering the talents and specialists (freelancers)
with the General Labor Standards (GLS) is the loss of freelancers’ freedom in
their individual bargaining of talent fees and free time. In practice, it is the talent
managers that bargain for the value of the talents and the skills that they possess
to produce in a motion picture or film production. Moreover, most freelancers
don’t want to be controlled by one specific TV station. Talents and specialists can
engage in several TV programs of different TV networks depending on their
demands, skills competence, and popularity. Notably, the talent fees they can
bargain with the TV networks are far beyond the minimum requirements of law.
Talents and specialist workers includes, artists, editors, writers, directors,
cartoonist, anchor-man, make-up artist, props designer, etc.
On the other hand, freelance workers are sometimes, perceived to be exploited

by the TV network. The word talents and specialist workers can be used as a
management devise or HR strategy in replacing the regular rank and file workers
to trim down the regular employment of the companies. A union representative
during the workshop discussion revealed that their company just add the word
specialist to regular rank and file position like lights man can be replaced to lights
man specialist, audio specialists, and so on, to replace the regular workers to
individual contract (IC) workers. Hence, defeating the protective measure of GLS
in regularization of workers. The security of tenure protection under the Labor
Code is avoided. The crucial point to take note here is the loss of voice
representation of workers. Union representation in collective bargaining is
perceived to be the most effective tool of airing workers’ demands and grievances.
However, this concept needs to be proven during the actual conduct of FGD by
the SAVE team.
Wages or Talent fees? The freelancers are also confronted with the decision
point of accepting talent fees or wages?
On the workers’ side, in general, most of the talents and specialists employed
by the TV networks possess specific talents, skills, competence, and level of
public popularity that is highly in-demand by the industry. They have handlers
or managers who can individually bargain for their talent fees. Their talent fees
depend on their branding to win the viewing public. More importantly, their talent
fees are over and above the wages that regular workers are receiving.
On the business side, the television industry emphasized that the major and most
important part of their business process is the selling of airtime through
commercials or advertisements. In television broadcasting, they called it
monetization process. It is where different networks compete for popularity of
their TV programs. The networks earned their profit through advertisements or
commercial airing. The value of TV station network’s airtime or broadcasting
depends on the TV program’s audience impact and popularity.
On TV broadcast industry side, monetization process or the selling of airtime in

TV broadcasting network is where fierce competition happens. This management
turf is a trade secret strategy of an individual TV network station where they
refused to reveal in public. Likewise, talents and specialists compete for their
branding strategies to win the popularity of the viewing public. The more popular
they get, the higher talent fees they have.
On Working Hours - Putting a cap of 12 hours per day in a film production

work process is a delimiting factor for the workers and TV network business.
This measure can create an adverse impact to the business of film production
and neither beneficial to workers, specially talents and specialist workers.
The TV Network explained that putting a maximum 12-hour limit in a day for work
hours will create a big impact on their business process in film production,
especially on on-site location shootings. During the production process in location
shootings, the kind of work needed to finish a production for a TV program is a
long and continuing process that will last for 3 days to 1 week or more. This kind
of arts execution is beyond the control neither of the TV network management
nor the producer of the show. The program director has power of control on all
workers in the set during the actual production process. The director in the set
has a freedom for his own expression on how the motion picture programs will
be delivered for the public or audience. The execution of this talents and skills
demands certain flexibility and timing. This kind of fine arts work requires a
certain kind of uniqueness and character that cannot be put in a box. Neither
the owner of the companies nor the producers can take control of this art
execution. For example, there are instances when a certain drama anthology
would need to be shoot at dawn or at sunset. If the regulation puts a cap of 12-
hour maximum work, how can a director achieve his or her art execution?
Moreover, legal representatives from the TV network explained that limiting the
maximum number of work to 12 hours is going beyond the jurisdictional
requirements of the law. The lawyers explained further that the TV networks work
arrangement practice in film production, especially on on-site location shootings
can be 3 days to 1 week or even more, since, creating a motion picture or film
for TV program requires a continuing process to extract the artistic content in
meeting business demand.
The 12 hours cap will deprive the workers an overtime pay
The measure of putting a cap of 12 hours will also be at the disadvantage of

the workers, because this measure can curtail the opportunity of workers to earn
more through overtime pay. GLS provide that working beyond 8 hours will entitle
the worker an additional 20 percent from the regular pay.
In Focus –
Article 84 of the Labor Code provides, “Hours worked shall include (a)
all the time during which the employees is required to be on duty or to be at a
prescribed workplace, and (b) all time during which an employee is suffered or
permitted to work. Rest periods of short duration during working hours shall be
counted as hours worked.”
Moreover, Article 4. in the Implementing Rule in elaborating on Article 84, states

the guiding principle to determine compensable and non-compensable work, as
follows:
Section 4, Principles in Determining Hours Worked - xxx
(c) If the work performed was necessary, or it benefited the employer,

or the employee could not abandon his work at the end of his normal working
hours because he had no replacement, all the time spent for such work shall be
considered as hours worked, if the work was with the knowledge of his employer
or immediate supervisor.
The general rule indicates that a worker is entitled to overtime pay beyond the
regular 8 hours of work per day. Moreover, Section 4, paragraph “C” of its IRR
explains that if the work performed is necessary and would benefit the employer,
any time spent for such work is considered as hours worked and therefore
compensable.
On the basic policy issue of “whether or not to put a 12-hour maximum limit of
hours worked per day?”, putting a cap of maximum 12 hours worked is a
delimiting factor and it might harm both the workers and the industry as
highlighted by the TV networks. Moreover, what is mandated by Article 84 and
interpreted by Section 4 of its Implementing Rules and Regulation (IRR) will
suffice.
However, we should also take into consideration the importance of preserving

the quality of people’s health in meeting the demands of quality work rendered.
Hence, it is suggested that instead of putting a cap of 12 hours on working hours,
the company should initiate a policy of required 8-hour rest and sleep per day
for every production workers, while doing an on-site location shooting. A
designated comfortable sleeping quarters for every staff should be installed, so
that health will not be sacrificed in meeting the demands of long and continuous
hours of work while on actual film production. The rest and sleep hours for every
staff in fieldwork can be on scheduled basis.
On inclusion of “Talents” with the Enforcement of General Labor Standards
One of the lawyers argued, “Why talents are included in the Department of Labor
and Employment’s (DOLE), Single Entry Approach (SENA)? Talents are not workers
but individual contractors. Talents are governed by Civil Code, and not of the
Labor Code?” Hence, in case of conflict, the case is lodge with the Civil Court
and not with the Labor Standards conciliation-mediation procedures. The basic
policy issue that lies at hand is, “In case of conflict on talents and specialists,
where can the case be filed? Is it through the SENA process of DOLE or with
the Civil Court?” This policy issue is a crucial question of jurisdiction which
only the Court may decide. The power of control is a determining factor. In the
case G.R. 199166, April 20, 2015. Benigno et al. vs. ABS-CBN, Supreme Court
ruled, “The presumption is that when the work done is an integral part of the
regular business of the employer and when the worker, relative to the employer,
does not furnish an independent business or professional service, such work is
a regular employment of such employee and not an independent contractor. The
Court will pursue beyond any such agreement to examine the facts that typify
the parties’ actual relationship.”
To regulate or liberalize?
In understanding the peculiarities of the business process in television film

production and broadcasting, the basic question that comes to mind is, “whether
to regulate or liberalize their work arrangement and working conditions?”
Several studies show that flexibilities at work is a global phenomenon. It is a

demand of time. According to the Future of Work Institute’s 2012 The Future of
Work Report, The Benefits of Flexible Working Arrangements, the changing
context of work is brought about by several factors: a) advanced technology, b)
new societal values, c) changing demographics, and d) rapid globalization. These
four forces are creating an urgent need for flexibility. Each requires a growing
level of complexity and in meeting this complexity requires a more agile approach
to work.
At a glance, the Philippine television networks are fast and active in adopting the
flexible work arrangement to meet the business demands of the industry. Some
of the peculiarities and practices of the industry include:
Adopting and adjusting to technological advancement - the nature of

work in television film production and broadcasting is more complex
and technology-dependent, thereby creating the needs of the employees
to manage their own working styles and time. This business adjustment
in work arrangement is seen in the emerging trends of creating Individual
Contract (IC’s) workers, like talents and specialists.
In Focus –
Advance technology platforms through social media like e-mail, facebook,

twitters, messengers, viber, etc. enable new forms of virtual work
arrangement and increase collaboration. This kind of social technology
created a new wave of network-based work, where workers can produce
work even at home or outside the work premises. Hence, the work
usually performed by regular employees can be outsourced through
individual contract workers.
Adopting to young workers’ change of work behavior and work

pattern – the new sets of workers are individualist. They can produce
complex work at their own phase in their own time. The young adults
want to be empowered to create their own working style. The emerging
pattern of work relationship are becoming linear or partnership. They
preferred result-based work arrangement and multi-employer. The
seniority status is slowly diminishing where bargaining in terms of work
value or compensation is based on individual skills and capabilities.
Hence, the new wave of TV networks’ specialists is gradually removing
the regular rank-and-file workers.
Adopting contractual work arrangement is unavoidable – TV networks’

needs like catering services, security, and janitorial services, building
maintenance services can be outsourced through legitimate contractors.
Other jobs that can be outsourced are those who design props and
costume needed in film production. Contractual workers enjoy the GLS
and minimum wage as mandated by law.
In a study presented during the PALSCON Conference by Marasigan, (2001) of University

of the Philippines (UP), School of Labor and Industrial Relations (SOLAIR), it says that
Philippines, together with Indonesia and Vietnam, ranks as having “highly regulated
framework in the hiring of contractual employees.”
C. Conclusion
In conclusion, the issue of whether to regulate or liberalize the TV industry work

arrangement is out of context. The basic function of government, specifically DOLE, is
to guarantee the workers protection and welfare. Hence, an industry specific guidelines
for Movie and Television Industry should be developed. However, it is suggested that
the future specific guidelines intended for the industry should be future ready. The rules
should adopt the emerging trends in labor market and should meet the needs of the
industry for growth and development. The future policy for the industry must be attuned
to the realities of times to meet the customer demand, technological advancement, local,
international, and cyber-space competition and work professionalization.
D. Policy Options
Policy Options Strengths Weaknesses Opportunities Threats

On coverage: - for the policy to - lack of LCCO - creation of - capabilities
to include Radio be future ready officer to cover new positions of DOLE staff
broadcasting to handle
s y s t e m ,
Interactive Digital
system, Web
TV and other IT
advancement
On Work - the protection -opportunity - With the
Arrangement: and welfare to create new advent of
- future policies and voice forms of voice new waves of
should adopt to the representation representation representation,
emerging trends of of IC’s will will be explored the labor union’s
employment like: be taken into like: Artists Guild, bargaining thru
individual contract consideration; Directors Guild, CBA negotiation
arrangement -an individual Cinematographers will diminish
and outsourcing contract form/ guild and the
activities. This kind template for like, to guard for
of arrangement talents and the protection
in inevitable and specialists can and value each
market driven be formulated talent and skill;
to integrate
provisions for -Film Academy
protection, of the Philippines
health and or similar
safety and government
social security organization can
b e n e f i t s be tapped to guard
the protection
of talents and
specialists
engaged in
the production
of films.
In Focus –
Policy Options Strengths Weaknesses Opportunities Threats

On Conditions - hourly rate
of Work - the basis is a win-
possibility of win solution
“hourly rate” to protect the
scheme can workers and
be explored; at the same
-the possibility time help
of putting a cap the industry
of rest period per to flourish;
day of work to
accommodate 8 - 8-hours rest
hours- full rest and sleep
and sleep/day; mandatory
instead of putting stipulation in
a cap on maximum the contract
working hours will protect the
to 12 hours/day. workers against
sickness and
exhaustion.
- to resolve the - can be guarded by - unionism will

- other working problems of their association be outmoded
c o n d i t i o n workers while or groupings;
provisions like; on location -new sets
comfortable shootings of workers’
sleeping quarters organization will
on-site; sufficient be developed
and nutritious
food; availability
of transport
system can also
be stipulated
in the contract.
E. Way Forward
The Future of Television Broadcasting Industry
The Philippine television broadcast industry is vital to the introduction of country’s

development. The industry’s future development will depend on appropriate technologies,
establishment of own local production capabilities, identification of right mix program,
and solidification of its legal framework. As technology advances further than government
regulations, the industry has to keep pace with technology development. The convergence
of broadcasting, cable, telecommunications, and computer services into one integrated
and interactive digital system will take time but will be inevitable. This convergence will
result in new products and services to consumers. Digital transmission systems, which
could integrate number of broadcast services into a single broadcast wave will slowly
replace the analog systems. There will also be substantial opportunities to broadcasters to
provide Web TV. Existing networks will try to connect to websites to draw audiences and
advertising revenues and possibly use TV signals to deliver web data. As Edralin (2012)
argued, the future will incur lesser operational expenses because of digital automated
system. Computer system will also reduce the need for studio personnel.
 Four steps way forward
Therefore, it is suggested that future specific guidelines for movie and television
should adopt the following trends:
1) speed technological changes and advancement in movie and television;

2) the behavioral and work pattern of the new generation;
3) individual contract work arrangement; and
4) uniqueness of arts execution in movie and television.
39
REFERENCES
Azucena, C. ( 2015) Labor Code with Comments and Cases.Manila: Rex Printing Company,
Inc.
Bureau of Working Conditions. (2014). 2014 LLCS-Management Information System.

Manila: DOLE
Garcia, L. and Marasigan, C. (2001). An in-depth Study on the Film Industry in the
Philippines.Philippine Institute on Development Studies. Makati, Philippines.
Pandey Prabhat Dr. and Pandey Meenu Mishra Dr. (2015). Research Methodology: Tools
and Techniques. Bridge Center. Romania European Union
Employment relationship in the media and culture industries: Issue Paper for the Global
Dialogue Forum on Employment Relationships in the Media and Culture Sector ( Geneva.14
and 14 May 2014), International Labour Office, Sectoral Activities Department. Geneva.
Edralin, Divina Dr. (2003). Policy Forum in the Broadcast Industry. “Labor Relations and
Employment Conditions in the Philippine Broadcast Industry”.Department of Labor and
Employment and Friedrich Ebert Stiftung. Manila, Philippines
Articles about the Profiles of Philippine TV Channels, ABS-CBN Kapamilya Network, GMA 7,
Kapuso Network, TV5 Kapatid Network.Retrieved July 7, 2016 from http://www. wikipedia
Cruz, Marinel R. @ inquirer dotnet (May 09, 2016) TRO filed to stop DOLE guidelines on
work hours in showbiz industry.Philippine Daily Inquirer. Manila, Philippines.
Moraleda, Jane@ Philippine Canadian Inquirer (May 04,2016).DOLE imposes 8-12 working
hours in TV industry, ABS-CBN questions ruling. Twitter and Google
Supreme Court Decision G.R. 199166. (2015).Philippine Laws and Jurisprudence. The
LawPhil Project. Arellano Law Foundation. Manila, Philippines.
Department Orders, DOLE Advisory, Administrative Orders:
D.O 131, Series of 2013 as amended by D.O. 131 B. (2016) Revised Rules on Labor Law
Compliance System.
Labor Advisory No. 04 (2016). Working Conditions in the Movie and Television Industry.
Administrative Order 313 (2016). Special Assessments or Visits of Establishments (SAVE)

in the Movie and Television Industry.
Administrative Order 486 (2016). DOLE Assessment Team Constituted to Conduct Special
Assessment or Visit of Establishment (SAVE)
Republic Acts:
Republic Act No. 9231, “An Act Providing for the Elimination of the Worst Forms of
Child Labor and Affording Stronger Protection for the Working Child, Amending for the
Purpose Republic Act No. 7610 as amended, otherwise known as the “Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act”.
Republic Act No. 7658, “An Act Prohibiting the Employment of Children Below 15 years
old of Age in Public and Private Undertakings, Amending for this Purpose Section 12,
Article VIII of R.A. 7610.
Republic Acts 9994, “ An Act Granting Additional Benefits and Privileges to Senior
Citizens, Further Amending Republic Act No. 7432 of 1992 as amended by Republic Act
No. 9257 of 2003.
Republic Act 7641, “An Act Amending Article 287 of Presidential Decree No. 442, As
amended, otherwise known as The Labor Code of the Philiuppines, by Providing for
Retirement Pay to Qualified Private Sector Employees in the Absence of Any Retirement
Plan in the Establishment.
About the Institute for Labor Studies
The Institute for Labor Studies (ILS) is the policy research and advocacy arm of the Department of
Labor and Employment (DOLE). It was established in July 25, 1987 through Executive Order No. 251.
As a research institute, ILS produces policy researches and other knowledge products like technical
reports, development reports and conference proceedings.
For advocacy, ILS conducts various fora, seminars and conferences to continue policy discourse
on labor and employment issues.
ILS likewise provides technical supports to DOLE and other stakeholders as well.
Headed by an Executive Director and assisted by a Deputy Executive Director, ILS has been
instrumental in the promotion of labor market efficiency, industrial peace and social justice in the
last 30 years.
INSTITUTE FOR LABOR STUDIES

ISO 9001:2008 Certified
5th Floor, DOLE Building, Gen. Luna St.
Intramuros, Manila 1002
Tel: (632) 527-3490
Fax: (632) 527-3491
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Working Conditions in TV Industry-11-09-17

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Monograph Series 2016-14

Institute for Labor Studies

Institute for Labor Studies

Institute for Labor Studies

Publisher: Institute for Labor Studies

Section Contents Page

I Overview of the Study 1

II Overview of Television’s Film Production

III Results and Discussions 9

1 Film Production and Television Broadcasting Industry’s

2 Philippine Labor Market: Facts and Figures 2

3 Estimated Number of Workers in Major Television

5 Work Arrangement and Types of Workers Involved

2 Motion Pictures Production 8

3 Motion Pictures Distribution 8

4 Television Broadcasting Business Process 13

5 The Structure of Business Process in Television Networks 14

Table 2. Philippine Labor Market: Facts and Figures

Source: Networks Profile

Assumption and Hypothesis

1. Flexible work arrangements

• contracting and subcontracting arrangement; and

2. Peculiar Working Conditions

• long working hours in shootings or on-location;

• work demands flexibility and mobility;

Analytical Framework and Methodology

A. The Analytical Framework

In examining the work arrangement and working conditions in television’s film

B. Limitation of the Study

Broadcasting is the process of motion picture distribution and projection. It is the

B. The Structure of the Film Production and Television Broadcasting Industry

Film Production and Distribution

Figure 2. Motion Pictures Production

Key activities or jobs in the distribution of motion pictures include: 1) licensing or

Types of Television Business

Block Timer. This type of production is handled by a different company. The

During production, the producer is the person responsible. If the shooting is

Foreign Canned Shows or Licensed Programs. This type of production allows

Self-produced Programs. This type of production has all aspects of production

The Production Process

Studio Taping - includes conceptualization, staffing, creative development, pre-

News Production - It includes the process in the studio or on-site. A newsroom

Drama production - In drama, postproduction sometimes takes longer time than

The work processes involved in the film/program production process are as

Table 5. Work Arrangement and Types of Workers Involved

Production process Pre- Production Production Proper Post Production

- setting up - Fact checking,

The Broadcasting Process

The diagram of business process in television broadcasting is shown in Figure 4.

Figure 4. Television Broadcasting Business Process

The broadcasting business process is described by the following concepts:

Post-production process - is the the processing of motion pictures or films for

Delivery or broadcasting proper - is the process of technical communication

Practices and Peculiarities

1) The television broadcasting business is of national interest. Its product creates

2) Broadcasting sells airtime. Programs released by the television network

3) TV broadcasting business and production process cannot be measured and

5) Talents, workers in video-taping outside the studio engages temporary workers,

6) The engineering department of the television network is always involved in all

On Health and Safety:

Summary of Work Arrangements and workers involved

Table 5. Work Arrangement and Types of Workers Involved

a) On work arrangement - most of the workers in the television’s production