Dear Atty. Joji,
I’ve been employed as a call center agent at a BPO company in Makati for over a year. While reviewing my SSS records online, I discovered that no contributions have been posted since the start of my employment, even though deductions appear on my pay slips.
What is my recourse if my employer has failed to remit my SSS contributions, and do I have the right to demand that my employer pay the missing SSS contributions and ensure that future contributions are properly submitted?
Athena
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Dear Athena,
Sections 8 and 9 of Republic Act 11199, or the Social Security Act of 2018, require the compulsory coverage of employers and employees. This includes any employer operating a business in the Philippines and all employees under 60 years old.
Under RA 11199, the following are compulsorily covered:
• Employees and their employers — all employees, including kasambahays or domestic workers not over 60 years of age, and their employers (Sec. 9).
• Self-employed individuals — including, but not limited to:
• Self-employed professionals;
• Partners and single proprietors of businesses;
• Actors, actresses, directors, scriptwriters, and news correspondents not classified as employees;
• Professional athletes, coaches, trainers, and jockeys;
• Individual farmers and fishermen (Sec. 9-A).
• Overseas Filipino Workers (OFWs) — both sea-based and land-based OFWs, as defined under RA 8042 (Migrant Workers and Overseas Filipinos Act of 1995), provided they are not over 60 years of age (Sec. 9-B).
• Workers in the informal sector — including farmers, fishermen and others with irregular or seasonal income who may register as self-employed under the SSS AlkanSSSya Program.
Under the law, failure to remit contributions is a violation on the part of the employer (Sec. 22). Employers who fail to remit may be held criminally and civilly liable. Penalties may include fines, imprisonment, and damages owed to affected employees.
Yes, you have the right to demand that your employer pay all unremitted contributions and ensure timely remittance going forward.
Hope this helps.
Atty. Joji Alonso