Bengal issues advisory on film, TV & OTT industry, upholds producers’ hiring freedom

The state government has introduced an advisory on working conditions, wages, safety, welfare and “professional conduct” in the state’s film, television, OTT and digital content industry, while spelling out producers’ freedom to hire crew members.

The advisory states that producers and production houses will have “the freedom to determine the number, categories and composition of artists, technicians and other personnel required for a production”.

They will also be free to decide the scale of production, budget, technical requirements, production schedule and operational needs.

“No guild, federation, association or other private industry body shall compel a producer to engage a predetermined minimum number of technicians or other personnel where such a requirement is not justified by the actual needs of the production or by an applicable statutory or contractual obligation,” the newly drawn-up state government advisory says.

Union ‘excess’

The Tollygunge entertainment industry had been waiting for clarity since June, when the local federation was dissolved, and a more centralised structure was announced.

Several producers alleged that the Federation of Cine Technicians and Workers of Eastern India, headed by Swarup Biswas, brother of former Trinamool minister Aroop Biswas, often dictated the number of people to be engaged for a project, many of whom were allegedly surplus to requirements.

Some directors and producers alleged that the federation, which functioned as a trade union, had acted like a regulatory body. They alleged that the federation’s excesses had made Bengal an unviable shooting destination for production houses from outside the state.

“Suppose I am shooting something where a trolley is not required, but I would have to use one because the guild dictated it. My production manager for a serial was replaced because he was out of the job for some time. Why?” asked film producer Firdausal Hasan.

“These are some of the liberties that we, producers, sought from the new order,” he added.

The advisory states that membership of any guild, federation, union or other private association “shall not, by itself, be a mandatory precondition for obtaining lawful employment or professional assignments in any production... except where a specific requirement is authorised by applicable law.”

Timely wages

The advisory covers several aspects, including wage structure, production, working hours and shifts, mandatory rest periods, travel arrangements, timely payments, action against defaulting line producers and producers’ freedom to engage crew members.

“Any deliberate diversion of funds earmarked for wages, unauthorised withholding of legitimate dues, wilful underpayment or other improper handling of remuneration shall be treated as a serious breach of the applicable contractual and professional obligations and may invite appropriate action in accordance with law,” the advisory states.

In February, work at Tollygunge’s Dassani studio came to a halt over the federation’s alleged high-handedness following an alleged derogatory remark by a tele-serial director against technicians. The director, a member of the Directors Association of Eastern India, denied the allegations.

The advisory states that producers, production houses, executive producers, line producers, directors, artists, technicians, crew members, guilds and federations must maintain professional conduct, mutual respect and dignity in all production-related activities.

“Abusive language, intimidation, threats, harassment, bullying, discriminatory conduct, retaliation or other forms of professional misconduct shall not be condoned. Complaints shall be dealt with fairly, confidentially, wherever appropriate, and in accordance with applicable law and the prescribed grievance-redressal procedure,” the advisory says.