MoU is valid from 18th April 2014 to 17th April 2017
MEMORANDUM OF UNDERSTANDING IN RESPECT OF GUIDELINES FOR PREPARATION OF MODEL CONTRACT FOR ARTISTES
INDIAN FILM AND TV PRODUCERS COUNCIL (IFTPC)
Earlier known as Association of Motion Pictures and TV Programme Producers (AMPTPP)
CINE AND TV ARTISTS’ ASSOCIATION (CINTAA)
This memorandum of understanding is being executed on this 18th day of April2014 by and between:
INDIAN FILM AND TV PRODUCERS COUNCIL (IFTPC)having its registered office at 701/702, Building number 29, Oshiwara, Samruddhi CHS, MHADA COMPLEX, Oshiwara, ANDHERI (WEST), Mumbai 400053 (hereinafter referred to as IFTPC which expression shall, unless repugnant to the context subject thereof, be deemed to include each of its members)of the First Part;
Cine and TV Artists Association (CINTAA) having its office at 221, Kartik complex, 2nd floor, opposite Laxmi industrial estate, New link road, Andheri (West), Mumbai 400053 (hereinafter referred to as CINTAA which expression shall, unless repugnant to the context or subject thereof, be deemed to include each of its members) of the other part.
WHEREAS the party of the First Part is an Association of Television and Film Producers. Their members having given them mandate to negotiate and establish business practices at the industry level including to negotiate working conditions of various persons employed in the media and entertainment industry, particularly engaging production of films/audiovisual programs for theatrical exhibition and television. IFTPC further represents that it has full authority and ability in all respects to execute this Memorandum of Understanding by itself and on behalf of its members;
AND WHEREAS the party of the Second Part is a Registered Trade Union bearing Registration Number 3086(Registered under the Trade Unions Act, 1926) since 13.06.1958 and is currently representing and performing for its members. CINTAA further represents that it has full authority and ability to enter into this Understanding by itself and on behalf of its members.
AND WHEREAS IFTPC and CINTAA have mutually decided to enter into this memorandum of understanding with interest of regulating/monitoring terms of engagement of the members of CINTAA by the members of IFTPC’s such that a cordial and a healthy relationship is maintained between the two pillars of the Indian television and film industry.
AND WHEREAS both CINTAA and IFTPC have come together to discuss several issues pertaining to engagement of actors by the producers for fiction based television programs (producer for Hindi General Entertainment Channel for broadcast during Prime Time)and to arrive at a mutual understanding by which the terms and conditions of engagement shall be standardised across the industry to make the same more efficient and frictionless and to amicably set industry standards for wages, employment, conditions, timing/schedule and shifts of shoot/working in the industry;
AND WHEREAS it has been agreed between CINTAA and IFTPC that in case of Reality Based or any other Non-Fiction Shows, the terms & conditions mutually agreed between the producer and the artiste will prevail but in case of any dispute between them, the same shall be decided by JDSC.
AND NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
- ‘Producer’ shall mean a member of IFTPC who is a producer of film/television programme;
- ‘Actor’ shall mean a member of CINTAA;
- ‘Lead Actor’ for a given television programme shall mean the actor playing the lead role (male/female) who is central to the programme and has most appearance and prominence in the show. Further, each show may have upto maximum 5 lead actors at a time. Producer will decide as to who such 5 lead actors shall be at any given point of time.
Further, if during the course of the show, any such lead characters are discontinued or lose prominence in the story then the Producer can re-designate some other character as the Lead Character. In such case the Actor who is playing the new lead character will be considered as the new Lead Actor by the Producer. In the event of change of any of the 5 Lead Actors, then such Actor who ceases to be a Lead Actor shall not be subject to such terms and conditions that govern the Lead Actors under this MOU.
Further, in special cases a Producer can designate more than 5 Actors as Lead Actors. Beyond the 5 Lead actors, the others would be termed as “Additional Lead Actors“. Incase of non utilization of dates of such “Additional Lead Actors”, their blocked dates will be reviewed as per clause No. C (4.) hereinbelow (Engagement of Actors by Producer). Otherwise, all the clauses applicable to Lead Actors should also applicable to “Additional Lead Actors “also.
- ‘General Entertainment Channel (GEC)’ shall mean those Hindi satellite TV channels who are primarily broadcasting television programmes for general entertainment but shall not include Doordarshan, Sahar TV , Big Magic or any other regional Hindi channels. However, in case for Doordarshan, or any other new channel, if the budget provided by the channel is very less as compared to the budget for a GEC Channel for a Prime Time Show then the Producer should clearly state in the agreement that because the budget of such a show is very less and accordingly the wages to be paid for such a show shall not be governed by the terms and condition of the MOU between CINTA & IFTPC. If the Actor is agreeable to this and still executes the agreement then the terms of the engagement of such actor by the Producer shall not be governed by this Memorandum of Understanding. However, still in the event of dispute on such agreements, the JDSC will strictly follow the terms of the agreement signed between the parties to settle the dispute.
In due course of time if more such channels come up whose production budgets are very less then programmes of such channels should be excluded from the purview of this MOU by signing of addendum to this MOU.
5. Prime Time’ shall mean the time band that is considered as most viewed time
band during the day and entails highest advertising revenues for a broadcasting
channel and shall ordinarily mean the time band between 6pm to 11pm.
- ‘Programme’ shall mean a fiction based serial (cinematograph film) produced by producer member of IFTPC that engages actors being members of CINTAA.
- ‘MOU’shall mean this memorandum of understanding and shall include any amendments, annexure and schedules for being a part of the same;
- ‘Joint Dispute Settlement Committee’ shall mean a committee comprising of 10 members in total (five members each of both the parties) and shall be the designated committee to decide all disputes and issues that may come up from time to time between the members of CINTAA and IFTPC.
B. Scope of this Memorandum Of Understanding.
- This memorandum of understanding shall govern the wide spectrum of issues pertaining between the actors and the producers but shall be limited to Programmes producer for Hindi General Entertainment Channels for broadcast in Prime Time and shall include but not be restricted to the following:
- disputes regarding wages and reimbursements;
- disputes regarding terms and conditions of contract of engagement;
- and all such disputes to regulate the conduct.
- This memorandum of understanding shall be binding between both the
Associations CINTAA and IFTPC and their members, respectively for a period of three years or such further term as extended from time to time in writing by IFTPC and CINTAA.
C. Engagement of Actors by the Producers
- All engagements of Actors shall be recorded in writing and the Producers shall be obligated to give a copy of the Contract/Agreement to such Actors before commencement of shoot or not later than fifteen days after commencement of shoot. In case even after expiry of 15 days, the artiste is not given the copy of the contract, the terms & conditions mentioned will not be applicable to him/ her till the time the signed agreement is handed over to the Artist.
- CINTAA understands the need to make the shooting process more efficient and consequently agrees honouring timelines and schedules become most important from delivery and cost point of view. All actors engaged by the producer shall be obligated to sign the daily attendance diary and shooting muster of the Producer. Producer or his authorised representative shall sign CINTAA’s Diary pages for Artiste issued by CINTAA provided Artist shall be obligated to present such diary on each day of the Shoot. Similarly, the call time and in-time of the Actor along with the signature of the Actor will be clearly captured in the call sheet by the representative of the Producer. CINTAA understands that not honouring timing schedules and repeated defaults has a direct bearing on delays and increasing costs incurred by the Producer.
- The producer shall be entitled to impose penalties and deduct payments to actors if they are found in breach of their obligations to report on time and deliver as expected and such penalties and deductions may be imposed at any time during the shoot or at the end of the shoot/ show as the Producer may deem fit and necessary. However, if a dispute is raised by the Artist on such deductions made by a Producer then such deduction shall not be made and till such time the JDSC reverts the payments from which the Producer intends to make such deduction shall be withheld by the Producer. JDSC on receipt of the complaint will try to resolve the complaint within a period of 30 days of receipt.
- After a period of three months from broadcast of first episode of the actor concerned, the producer shall review the blocked dates of the artist and accordingly make changes in the agreement if so required pertaining to the blocked dates.
- CINTAA understands that Lead Actors who play the key characters are pivotal to the success of a television programme and accordingly agree that actors playing such key characters cannot unilaterally terminate their contracts and leave the show unless agreed in writing by the producer. In the event an actor is in breach of this condition than such matter shall be referred to the Joint Dispute Settlement Committee (JDSC).
- CINTAA agrees that after commencement of shoot no lead / key actor shall enter into a professional contract with any producer for any other Serials/programme/film, without prior written consent of the Producer.
- In case of unblocked days of artistes, the said artiste can sign any other contract or enter into any professional contract with the other producer/s for any other serial etc with due notice the Producer of show. Notwithstanding the same the actors shall not take any such professional engagements that will affect their ability to perform and render services towards their primary professional commitment.
- At the time of negotiating of any engagement opportunities with the Producer the actor shall disclose the names of all programs/serials/films/shows which they have signed or agreed to perform for. In the event an actor is simultaneously working on more than one project then the actor shall be obligated to share the exact details of their existing commitment (number of days) before agreeing/committing to a new show/serials/programme/film or any other professional engagement.
- CINTAA understands that not just reporting at work but rendering optimum performance is for anyone to deliver the desired result and accordingly no actor shall be permitted to overbook himself/herself and give dates for more than 30 working days in a calendar month. Further, the Actor shall be obligated to take proper rest, diet and personal care during their engagement for production of a programme.
- Actors will have to give complete 12 hours (1 ½ shift) of work for their per day remuneration as per requirement and in the event they are unable to do so they will be paid on a pro rata basis for the hours of work completed in a day. For this purpose, the call time, the in-time and the out time of the Actor along with the signature of the Actor will be clearly captured in the call sheet by the representative of the Producer. This shall not apply to cases where the actors were not required to work the entire shift of 12 hours in a given day and such waiver has been confirmed by the Producer in writing. The producer shall be entitled to deduct such payments to actors if they are found in breach of their obligations to give complete 12 hours of works as expected for their per day remuneration and such penalties and deductions may be imposed at any time during the shoot or at the end of the shoot/ show as the Producer may deem fit and necessary. However, if a dispute is raised by the Artist on such deductions made by a Producer then such deduction shall not be made and till such time the JDSC reverts the payments from which the Producer intends to make such deduction shall be withheld by the Producer.
- In the event the producer intends to renew the contract/engagement of an actor (who are non Lead Actors) than such renewal shall be done on the same terms and conditions of the previous engagement and the increase in the consideration or the per day remuneration for such renewed term shall be decided mutually between the actor and the producer.
- Actors who are Lead Actors or additional Lead Actors in a programme or those who play a key and a prominent character shall be obligated to participate with the Producer in shoot of the promo or any kind of branding for the show and their fee will be paid, as agreed mutually between the parties. However for any such shoot of the promo or any kind of branding for the show any additional amount will be paid to the Actor by the Producer, only if the channel compensates the Producer for the same or else there won’t be any payment made to the Actor for such work.
- All contracts of engagement between the Producer and the Actor shall mention their respective membership numbers with their respective association, i.e., actors’ registration number along with Membership card and date of its validity with CINTAA and Producers registration number with IFTPC.
- CINTAA understands that the lead actors and the additional lead actors are of strategic importance to any given show and such actors playing such roles shall not be permitted to exit the show for 3 years. Provided that this will not be applicable for shows which are already on air and is running their third year or have completed the third year of broadcast and for such shows the existing agreement between the artist and the producer shall be binding. In the event lead actors or important character actor intend to leave the show after completion of three years then they may do so by giving an advance notice of four month in writing to the Producer concerned for leaving the show. Any extension of the lead actor beyond the 3 years, if so desired by a producer member shall be for a minimum period of one year. During this period of agreed extension between the Producer and the Lead Actor, the Lead Actor can’t issue any other notice for exiting the show.
- In case of emergent circumstances, the Producer may permit the lead / key actors to leave the show as per mutual agreement. In case, the Producer does not agree to relieve the artiste to leave the show under such circumstances, JDSC may examine the said emergent circumstances and give their decision in the matter which shall be binding on both the parties. However, till the decision of the JDSC , the Actor should continue working on the show.
- Actors shall be at liberty to share creative ideas with the Producers however, they will not interfere with the Producer and in the event of a disagreement, Producer’s (or his representative’s) creative inputs (including story, script, dialogue, and costumes) shall prevail.
D. PAYMENTS AND REMUNERATION TO BE PAID TO THE ACTORS
1. IFTPC agrees that regardless of a pilot episode being accepted by a channel or being broadcasted on the channel or the same being financed by a channel, all actors performing in the said pilot episode shall be paid by the producer who has engaged such actors to perform in such pilot episodes, within 30 days of the shoot unless the contrary has been agreed by the actor in writing, prior to commencement of shoot of such pilot episode. After signing the Agreement & performance in the Pilot Episode, if the regular shoot of the Serial does not start within 3 months, the actor is free to leave the show as per his discretion and inform the producer, provided, the Actor should inform the Producer at least 30 days in advance about his/ her intention about leaving the show so that the Producer can inform the channel immediately and take appropriate action for retaining the Actor if desired so by the Channel. The Actor may give such a notice at any time such that he cannot terminate the contract by such notice in the first three months of his engagement and further he shall give the notice of complete 30 days. [For Illustration: The Actor is engaged on Jan 01. He cannot unilaterally terminate for the first three months, i.e. upto 31 Mar. Any notice given between 01-Jan to 01 Mar shall be deemed to be dated 01 Mar. Further, if the notice is given period post 60 days then notice period of 30 days will have to be given. Accordingly, if intent to terminate is given on 14th March then the notice period shall expire only on 13 April]
2. IFTPC agrees that those actors who are engaged for up to 5 days in a month and whose per day remuneration is up to Rs. 5000, payments to such actors will be made within five days from the day of their last shoot. The production house will fix actors’ per day remuneration, after negotiations with the actor. A sum of Rs. 300/-towards conveyance, over and above the agreed per day remuneration, will be paid to the actor daily in cash after completion of his/ her daily shoot. For example if an actor is being paid daily remuneration of Rs.3,000/- or Rs.5,000/- then Rs.300/- will be automatically added and his remuneration will be Rs. 3,300/- or Rs.5,300/- respectively per day, and the remaining amount shall be paid within the period as mentioned herein. The increase in enhancement in conveyance from Rs. 300/- to Rs.500/- may be considered after one year keeping in view the inflation.
- In case where an actor is performing in mythological/historical/weekend show, the payment shall be made within 21 days from the date of their last shoot.
- IFTPC agrees that from the payments to be made to the actors on a period beyond 5 days drawing above Rs.5,000/-& on monthly basis, one day’s advance payment (including conveyance) shall be made by cheque in advance, on the first day of the month and the remaining amount shall be paid to them as per the terms and conditions of the contract with the producer.
- Payments to artist being replaced as per requirement of the producer/channel: In the event an actor is being replaced at the behest of the producer or the broadcaster/channel then in such cases the producer shall settle the entire due payments of the actor by issuing post dated cheques on the day of replacement. Such post dated cheques shall be drawn in terms of the payment terms agreed between the actor and the producer in their signed agreement.
- In the event there is no such signed agreement, the producer shall issue a current dated cheque. By discharging its payment obligations or by issuing such instruments in respect of discharge of such payment obligations the producer shall not be required to take any no – objection – certificate from such Actor being replaced.
- The producer shall be liable to pay the actor irrespective of whether the actor has faced the camera for the day of shoot, if the actor has been called for the shoot and has reached the set in time.
b) The producer shall pay the artiste for the number of days he has worked in the TV Serial irrespective of :
i) the programme telecasted on the channel;
ii) the producer getting the payment from the channel;
iii) the show approved by the channel
iv) Re-shoot of the show
- The actor shall be entitled to their payments and dues even if the program/serial goes off air or are likely to go off air in the near future.
- Casting of the Artiste: Casting of the CINTAA Artiste should be done directly by Casting director or authorized person of Producer.
- IFTPC agrees that Producers should endeavour to reward the Lead Actors upon commercial success of their programmes and increase the remuneration of the Lead Actors annually that an amount that commensurate with the success realized by the Producer. Accordingly, the Producers shall, unless agreed to the contrary in writing, be obligated to review the payments being made to the Lead Actors on an annual basis. The Annual increments to be given to the Lead Actors by the Producer shall be in accordance with SCHEDULE I attached hereto. IFTPC and CINTAA agree and assure to each other that their members shall be just and reasonable and work towards mutual benefit.
- Conveyance for dubbing: Producer will pay the Artistes conveyance, if the artiste attends dubbing of television serial as required by the producer.
- Undue delay in commencement of the shoot after signing of the Contract: If after signing of the contract there is unreasonable delay in commencement of the shoot and no consideration has been given by the producer to the artiste for blocking him, the artiste can leave the show after a period of 3 months after informing to the producer. Then the contract will be deemed as null and void. However the Actor should inform the Producer at least 30 days in advance about his/ her intention about leaving the show so that the Producer can inform the channel immediately and take appropriate action for retaining if so desired by the channel. The notice period of 30 days shall not be shorter than first 90 days of engagement and be of one complete month provided the notice is given in writing any time before the 60th day from signing. If the notice is served after the 60th day then the Actor has to serve the exact 30 days of notice period. (See Illustration in Clause D).
- Provision of amenities like:
a) Hair Dressers /Make up Man:
The Producer shall provide services of hair and make-up man for all purposes related to the shoot of the serial with no special preferences or choice of particular person.
b) The makeup rooms / vanity vans:
The Producer will provide at the shooting locations makeup rooms / vanity van, which the Artiste will share it with other artistes of the program.
c) Clothing for the shoot:
Producer shall provide the Artist clean/ washed clothes capable of wearing clothing to be worn on the set when performing. The Artiste cannot reject the costumes approved by the producer.
d) Producer also ensures to make arrangement of clean, tidy & separate toilets for Ladies & Gents on the Sets.
e)Producer will make arrangement of breakfast, tea / coffee, water and food at the designated timings and also the production team shall check regularly the quality of eatables supplied.
f)Insurance: That the Producer shall insure the Artiste for any mishaps/accidents during the shoot. only under a general insurance cover that a Producer takes for a show.
- The increments indicated in SCHEDULE I shall not be applicable to Lead Actors & Non Lead Actors in cases that include:
- Non-increment of budget of Producer by the Broadcaster, any increment less than 10% shall be treated as non-increment;
- Change in time slot of the show from prime to non-prime time
- TVR of the show falling to 2 or below;
- Repeated breaches / misconduct / professional negligence by the Actor in question where such infractions has been communicated to the Actor from time to time with the actor and producer amicably agree to an arrangement different from SCHEDULE I for reasons recorded in writing.
- However, the increment if any in above mentioned cases shall be mutually decided between the Actor and Producer.
E. DISPUTE RESOLUTION
1. IFTPC and CINTAA agrees that in the event there is a dispute between the producer and
the actor they both will in good faith try to resolve the same by themselves and in the
event despite reasonable efforts such dispute remains unresolved than such disputes
may be referred to the Joint Dispute Resolution Committee.
2. Aggrieved by any actor or producer, a producer or an actor, may refer the dispute to
their respective association in writing to the joint dispute resolution committee. The
committee upon receipt of such complaint may interview the complainant and such producer/actor jointly or separately as they may deem fit and necessary. In the event the committee is of the opinion that a hearing is called for then it shall give a five days notice for hearing to both parties concerned. After hearing both sides the committee shall give recommendations to the parties concerned in writing within seven days of such hearing/interview.
a. IFTPC and CINTAA agree that such Joint Dispute Resolution Committee comprising of equal number of members from both IFTPC and CINTAA while conducting such inquiry/hearing shall act as independent and impartial judicial forum and shall follow principles of natural justice and shall act without prejudice or favour to any parties before it. Any committee that shall not have at least two members each from IFTPC and CINTAA shall not be a valid quorum and any decision passed by it shall be null and void. IFTPC and CINTAA agree to issue such further guidelines for conduct of hearing and disposal of disputes from time to time as it may be deemed necessary by IFTPC and CINTAA.
b. In the event any party to a dispute is not satisfied by the outcome of recommendations of the Joint Dispute Settlement Committee then such dispute shall be referred to Core Committee of FWICE. In case any party is still not satisfied and case is not resolved, then such dispute may be referred to Arbitration to be conducted in accordance to Arbitration and Consolation Act, 1996 where such arbitration shall take place in Mumbai.
F. ENFORCEMENT OF DECISION
1. CINTAA and IFTPC agree that strict enforcement of the decisions by the Joint Dispute Resolution Committee shall be of essence of this agreement. In the event strictures are passed against a producer member by the Committee then members of both associations shall cooperate to follow such directives as issued by the Committee. Likewise, in the event strictures are passed against any Actor by the Committee then members of both associations shall cooperate to follow the directives issued by the Committee. If the JDSC feels that the implementation of such decisions can be effectively done by FWICE then the same can be referred to FWICE for implementation.
- This understanding is being arrived at in good faith between IFTPC and CINTAA on behalf of its members on the premise that both the associations/bodies represent their respective members and are competent to enter into this understanding for and on behalf of the members.
- This memorandum of understanding is not exhaustive and this arrangement shall not amount to waiver of any rights of IFTPC and CINTAA.
- This Memorandum of Understanding shall be valid for a period of 3 years and may be extended from time to time by both parties hereto in writing.
- Any notice and other communication between the parties of this memorandum of understanding shall be in writing may be transmitted by email/fax and also be sent by registered post or express courier or by hand.
- None of the provisions of this understanding shall be deemed to constitute a partnership between the parties hereto and no party shall be deemed to be the agent of the other in any manner.
- If any provision of this memorandum of understanding is adjudicated by a court of competent jurisdiction to be void or unenforceable, the same shall in no way affect the remaining provisions of this MoU or its validity or enforceability, and the unenforceable provision shall be performed to the extent valid and enforceable.
- This memorandum of understanding shall be construed in accordance with the laws of India and the courts of Mumbai shall have exclusive jurisdiction over any dispute that may arise out of the terms and conditions as mentioned in this MOU.
SCHEDULE OF ANNUAL INCREMENT TO ACTORS
|Daily Payment Range (INR)
||0 to 5000
||5001 to 10000
||10001 to 20000
||20001 to 50000
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS THE DAY AND THE YEAR MENTIONED HEREIN ABOVE