SSS Contributions are one of the requirements of employees getting their benefits. Moreover, without this, there won’t be any proof that a member is paying their contributions. Picture this: You need cash very badly and tried asking help from relatives and friends. Unfortunately, there’s nothing. Since you’re currently working, you have nothing to depend on except for SSS salary loan. To your surprise, your application doesn’t get through because of one reason; there is no documented proof that you’re paying for your contributions; your have unremitted sss contributions. If this is the situation, what should you do?
First thing is you try and verify this with your employer. They have different options to comply with the contributions: monthly and quarterly. If their explanation doesn’t fit what you’ve found out, then maybe it’s time for you to take a step forward.
The Social Security Act of 1997 (Republic Act 8282) obliges all employers in the Philippines to deduct or take away 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.
Therefore as an SSS member, the law’s got your back against negligence or non-compliance of your employer when it comes to paying SSS contributions.
What are the consequences for disobeying the Social Security law?
1. Employers who fail to comply to the Social Security Law or RA 8282 will be fined PHP 5,000 to PHP 20,000. In addition to that, they can face imprisonment for at least six (6) years and one (1) day to twelve (12) 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.
2. A delinquent employer is also liable for the crime of estafa because non-remittance of employees’ SSS contributions. This can be seen as a form of fraud and such an employer can face imprisonment under the Revised Penal Code.
According to the SSS, you can still file for an application to social security benefits if your employer falls short to remit and report your SSS contributions. Since it’s not your fault, you should not pay the price. On the other hand, it might lead to your SSS loan application getting denied for not meeting the required minimum number of posted monthly contributions (36 months).
What are the steps I can take when I have unremitted SSS contributions?
1. To file a non-remittance complaint, visit the SSS branch nearest to your employer’s office or where your employer conducts business;
2. Submitted complaints and documents will be used by SSS a basis for investigating the delinquent employers;
3. Present proof of employment which includes: a valid company ID, employment contract, pay slips, or income tax return;
4. Non-remittance of SSS contributions is a labor-related dispute. However, the Department of Labor and Employment (DOLE) has no jurisdiction or right to act on complaints regarding this. This is why it’s better to go directly to the SSS to file your complaint to save time and effort. SSS has been taking serious actions against employers who don’t comply with the Social Security Law; and
5. SSS gives an opinion to its members to regularly monitor their SSS contribution payments while the investigation is ongoing.
If you’re facing this, better be in communication with the SSS immediately. Especially if you’re trying to get extra funds for yourself to get you through your next paycheck. Do not panic because it will not be voided, all you need to do is to be calm, relax, and try to make it through. The SSS is pushing towards the fixation of unremitted contributions by employers.
Since we now have different ways on how we can check for contributions, it is just as important to check our contributions regularly. From the time you started being an employee, track it all down. Why? Because even one (1) month of non-compliance is a large error if seen in a bigger picture. Moreover, it’s something you worked hard for, right? Don’t just let some company/companies ruin what you deserve by just a single error – if not, crime.