Missed contributions

Dear Atty. Joji,

I am currently employed as a housekeeper at a hotel in Manila. After six months of employment, I noticed that my SSS contributions were not paid by my employer. Can I demand that the missed contributions be paid and to ensure that no payment of contribution will be missed in the future?

Tina

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Dear Tina,

Sections 8 and 9 of RA 11199 or the Social Security Act of 2018 requires the compulsory coverage of employers, who carries on in the Philippines any trade, business, industry and uses the services of another, and employees, who are not over 60 years old.

Under RA 11199 or the Social Security Act of 2018, the following persons are compulsorily covered:

Employees and their employers — all employees including kasambahays or domestic workers not over 60 years of age and their employers (RA 11199, Sec. 9); Self-employed — includes, but not limited to the following: Self-employed professionals; Partners and single proprietors of businesses; Actors and actresses, directors, scriptwriters, and news correspondents, who do not fall within the definition of the term “employee” in Sec. 8(d) of RA 11199; Professional athletes, coaches, trainers, and jockey; and Individual farmers and fishermen (RA 11199, Secs. 9-A); Overseas Filipino Workers (OFWs) — all sea-based and land-based OFW as defined under RA 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995 as amended, provided that they are not over 60 years of age (RA 11199, Sec. 9-B); and A Farmer, Fisherman, or a worker in the informal sector (IS) - an IS member being defined as one whose income is irregular or seasonal and who may be registered as a self-employed member under the SSS AlkanSSSya Program (SSS Membership Primer, August 2019, p 1-2) Under the said law, non-remittance of contribution is a violation of the law on the part of the employer. (RA 11199, Sec. 22). In case of non-remittance, employers may be held liable under the SSS law. The SSS provides protection against various contingencies such as old age, disability, death and unemployment.

Hope this helps.

Atty. Joji Alonso