As an Employed SSS Member, you enjoy the convenience where your Employer automatically deducts your SSS Premium from your Payroll, pay their Employer share and remit it to SSS. Most Employed SSS members do not regularly check if their SSS Contributions and Loans is dutifully being remitting by their Employers. Employees will just know that their employer is delinquent in their duties when they applied for their SSS Benefits or SSS Salary Loan and did not qualify. This is really heartbreaking and frustrating especially if it is the time that you badly need money during the time of sickness, pregnancy, retirement or calamity.
Know your Rights
Do you know that as an SSS member, you are protected by law against negligence or non-compliance of your employer when it comes to paying SSS contributions?
The Social Security Act of 1997 (Republic Act 8282) mandates all employers in the Philippines in the private sector to deduct the monthly SSS contributions from their employees’ salaries, pay their share of contributions, and remit these contributions to the SSS on time. Employers must also submit the monthly report of their employees’ contributions to the nearest SSS office.
Employers who violate the Social Security Law will be fined PHP 5,000 to PHP 20,000 or jailed for at least six years. They must also remit all unpaid SSS contributions in addition to a 3% penalty each month, and pay the benefits of employees who die, become disabled, get sick, or reach retirement age.
Aside from the SS Law violation, a delinquent employer is also liable for the crime of estafa because non-remittance of employees’ SSS contributions is considered a form of fraud, according to SSS Senior Vice President and Chief Legal Counsel Voltaire Agas. He added that such an employer can face imprisonment under the Revised Penal Code.
According to the SSS, you’re still entitled to social security benefits if your employer fails to remit and report your SSS contributions. However, it could lead to your SSS loan application getting denied for not meeting the required minimum number of posted monthly contributions.
As an SSS Member, your role is to diligently check your SSS Contributions and Loans payments if regularly being remitted by your Employer.
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Talk to your Employer
Talk first with your Employer before reporting the case to SSS. Discuss with your Payroll Department the discrepancies you found in your SSS Contributions. Make sure that you have kept your payslips where deduction for your SSS Contributions and Loans are indicated. This is a great proof that your Employer has deducted you a certain amount for this period, yet not posted in the SSS System.
Ideally, your employer should fix the issue as soon as possible. Make sure to get your employer’s commitment to remit your contributions. Ask for a target date or timeline, too. Follow up from time to time to make sure that action is being taken regarding your case.
If Nothing Happens, Go to the nearest SSS Branch and file a complaint
Check from your SSS Account online if your SSS Contribution is already posted. If nothing happens despite constant follow up with your employer, be proactive and assert your right to Social Security protection. Report your delinquent employer to the SSS for a possible legal action. Bring your payslip as a proof of deduction and your Company ID, Employment Contract, Income Tax Return as a proof of your Employment in the Company. Look for the Accounts Management Section of the SSS Branch and SSS Accounts Officer will take your complaint about non-remittance.
The SSS will use your proof as a basis for investigating the erring employer. SSS advice its member to still monitor their SSS contribution payments while the investigation is still ongoing.
Although this is a labor-related dispute, the Department of Labor and Employment (DOLE) has no jurisdiction or authority to act on complaints regarding non-remittance of SSS contributions. Instead, go directly to file your complaint to save time and effort.
The SSS have been very active in taking serious actions against SSS employers who don’t comply with the law for the past few years. In fact, the state-run agency has filed criminal and civil cases against more than 34,000 delinquent employers since 2010. Of these, the courts have convicted at least 41 employers.
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Ako po ay nag file ng legal complaints againts my company pero wala p pong reply o action po lamang buhat pa noong Agosto 23,2017. Sa SSS branch ng Pasay Taft.
Sana po matugunan po ninyo at mabigyan po ng pansin..
Salamat po.
May i request for your assistant regarding my previous employer for non remittances of my sss contribution. Actually when I was still at the company i had submitted a print out of my sss twice a month for their reference. But until now when i update again my sss contribution I found out that no remittance yet made.I know it is your duty and you have the power to accountable a delinquent employer. This is my sss no. 3429553245
Good pm po i started working as a teacher in Private School here in Lipa City (October to March) they deducted me regularly..without knowing di po pala nahuhulugan pero nagkakaltas sila kada salary time..narehired ako at nka 10 months pa ako nagwork sknla and then di ko expected na magbubuntis ako agad po ako nagfile ng maternitu benefits dun ko po nalaman na di nahulugan ang 6 months ko ..tinanung ko ang school bakit ganun sabi nila fault daw nila at naihulog sa ibang account ...pwede bang mangyari yun sabi ko pakiasikaso at syempre npkaunfair nun kinaltasn ka tapos wala knmn sapat na benefits na mkukuha .hanggng ngayon wala pa din aksyon...panu po ggwin ko..salamat po..
good pm. want po sana nmen icancel ung prepared list summary dahil mali po ung amount na lumalabas. dapat 395 kaya lang eh 10 pesos lang ung lumabas. ano po ba ang dapat nmeng gawin?
good day!
What are the requirements and process of registration as employer? Cerritos Homeowners Association Inc. To date we have 3 maintenance personnel under HOA.
Goodeve po mam/sir may concern po ako sa employer ko wala po kasing remittance po yung SSS ko magfidile po sana ako ng MATERNITY BENEFITS jaso hibdi pi ako makapag fike dahil walang hulig yung SSS ko dwn kinakaltasan po ako.. nagstart po ako sa JADA INFINITE WORKFORCE SERVICES INC. NOVEMBER2017-FEBRUARY2018 then nag change ulit ng AGENCY ARTECY MANPOWER SERVICES MARCH-JULY2018 po ako sa kanila.. manganganak na po ako NOVEMBER 2018.. sana matulungan nyo po ako.. kasi ang JADA hindi ko oo makontak den yung ARTECY process pa daw.. please pi sana mabigyan po ito ng action.. salamat at God bless..
how to report a company with more than 15 employees each branch not paying sss in 3 branches