Employer fails to pay SSS and Philhealth - Philippines (2024)

Question: Is it illegal if my employer fails to pay my SSS and Philhealth contributions?

Answer:

Yes, failure by an employer to remit Social Security System (SSS) and Philippine Health Insurance Corporation (Philhealth) contributions on behalf of their employees is considered illegal under Philippine law. Here are some points to consider on this topic:

What Laws Govern These Contributions?

  • For SSS: Republic Act No. 8282, otherwise known as the Social Security Act of 1997.
  • For Philhealth: Republic Act No. 11223, otherwise known as the Universal Health Care Act.

Is It Mandatory for Employers to Make Contributions?

Yes, it's mandatory for employers to deduct and remit these contributions from their employees' salaries.

What Penalties Can Employers Face for Non-compliance?

  • For SSS: Employers may face penalties ranging from monetary fines to imprisonment.
  • For Philhealth: Failure to remit contributions is punishable by a fine and/or imprisonment.

What Should I Do if My Employer Isn't Paying?

  1. Immediate Action: Talk to your Human Resources department to clarify the issue.
  2. Document Evidence: Keep your payslips and any communication with your employer.
  3. Report to Agencies: File a complaint with the SSS or Philhealth.
  4. Legal Recourse: If no action is taken, consult a lawyer to explore your legal options.

Can I Claim Benefits if Contributions Aren't Paid?

No, you may be ineligible for benefits like loans, medical reimbursem*nts, etc., if contributions haven't been remitted on time.

Will I Be Liable for Unpaid Contributions?

Generally, the employer is solely responsible for remitting the contributions, but not doing so could affect your eligibility for specific benefits.

Conclusion

Failure to remit SSS and Philhealth contributions is illegal and could subject your employer to penalties. As an employee, it's crucial to regularly check that these contributions are being made and to take action if you discover inconsistencies. If your employer fails to comply, you have various avenues for reporting and legal recourse.

Employer fails to pay SSS and Philhealth - Philippines (2024)

FAQs

Employer fails to pay SSS and Philhealth - Philippines? ›

When an employer neglects or refuses to pay these contributions, employees may file a complaint directly with the SSS or PhilHealth. Both agencies are equipped to conduct investigations and enforce collection.

What happens if you fail to pay SSS contribution? ›

The failure to remit employees' SSS contributions is viewed as a type of fraud. As such, a delinquent employer is also accountable for the crime of estafa and violating the SS Law. Under the Revised Penal Code, the employer can then face imprisonment.

Is it mandatory to pay a SSS contribution? ›

In the Philippines, mandatory benefits encompass contributions to Social Security (SSS), PhilHealth, and the Pag-IBIG Fund. Both employees and employers are mandated to contribute to these institutions, ensuring coverage for insurance, loans, and retirement benefits.

What happens if I don't pay PhilHealth? ›

3. What happens if you stop paying your PhilHealth? If you don't pay your contributions, you will still be entitled to PhilHealth benefits and avail of the coverage. In addition, the state insurance company will not scare you with legal action to compel you into paying your premiums.

Can my employer see my SSS contribution in the Philippines? ›

In the My. SSS portal, you as an employer will be able to view your membership details, contribution payments and loan repayments remitted for your employees and sickness and maternity claim reimbursem*nts. No. The employer is not allowed to access the individual records of its employees.

How can I settle my unpaid SSS contribution? ›

Payment Arrangements: Once the amount is confirmed, payment can be made at any SSS branch, accredited banks, or online payment platforms. For substantial unpaid contributions, especially those involving penalties and large interest amounts, it may be possible to negotiate a payment plan with SSS.

What is the penalty for employer contribution to SSS? ›

The employer is liable to the employees and must: pay the benefits of those who die, become disabled, get sick or reach retirement age; pay all unpaid contributions plus a penalty of for late payments thereon of two percent (2%) per month; and.

Where can I pay overdue PhilHealth? ›

Premium remittance made after the due date shall be made at the nearest PhilHealth Office/Local Health Insurance Office (IJ-IIO) subject to the imposition of the applicable interests. Settlement for interests shall be made separately and directly to the PRO/ LHIO that manages the accounts of the employers.

Does PhilHealth reimburse? ›

PhilHealth shall reimburse its accredited HFs based on the published case rate. Any amount declared in the SOA that is below or above the published case rates shall not be interpreted as over or underpayment.

Can I use inactive PhilHealth? ›

An Inactive Member is a registered member who has no qualifying contributions and is not entitled to avail of PhilHealth benefits. 4.

Can I stop paying SSS after 10 years? ›

However, once you become a covered SSS member, you become a member for life. The contributions that you remit become savings for the future that will serve as basis for the granting of social security benefits in times of contingencies. Membership cannot be withdrawn and contributions paid cannot refunded.

How much does the employer pay for SSS Philippines? ›

Regular employers and employees

Out of the 14%, 9.5% of the monthly salary credit goes into SSS contributions by the employer. The remaining 4.5% is contributed by the employee.

Can I pay past due SSS contribution? ›

There's no penalty if you miss a payment, but the SSS doesn't let you pay retroactively for missed contributions. If you don't qualify for a loan due to insufficient funds, you can't make a retroactive payment to make up for it.

Can I still pay my SSS contribution late? ›

There's no penalty if you miss a payment, but the SSS doesn't let you pay retroactively for missed contributions. If you don't qualify for a loan due to insufficient funds, you can't make a retroactive payment to make up for it.

Can I pay a SSS contribution for the past months? ›

To the Self-employed Person and Voluntary Member

Self-employed and voluntary members may pay their monthly contributions prospectively or in advance, but never retroactively to cover month/s when no contribution payments were remitted.

What happens to my SSS contribution if I resign? ›

A member who is separated from employment or ceased to be self-employed/overseas Filipino worker/non-working spouse may continue paying SSS contributions using the previously assigned SS number through Contributions Payment Return (SS Form RS-5) where he/she should put a check mark on the box for Voluntary (Separated) ...

Can I stop paying SSS after 120 contributions? ›

Moreover, a member aged 60 and above, but not yet 65, with 120 or more contributions may continue paying as a Voluntary Member (VM) until 65 years old to receive a higher benefit amount. Just like the Disability Benefit application, Retirement Benefits may be applied for online through the My.SSS portal.

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