Sss kasambahay presentation


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Sss kasambahay presentation

  1. 1. 1 May SSS na ako! Buti na lang meron na ako. Kami rin! Presented by: CRISTINE GRACE B. FRANCISCO Branch Head, SSS Paranaque
  2. 2. 2
  3. 3. 3 I. Legal Background Republic Act No. 10361 – Batas Kasambahay (2013) Definition Domestic work – work performed in or for household Domestic worker or “kasambahay” – person engaged in domestic work within employment relationship, such as:  Excludes: person who works only occasionally or sporadically and not on an occupational basis • General househelp • Nursemaid or “yaya” • Cook • Gardener • Laundry person
  4. 4. 4 I. Legal Background Republic Act No. 10361 – Batas Kasambahay (2013)  Excludes:  children under foster care arrangement and are provided access to education and given allowance incidental to education like “baon”, transportation, school projects and school activities Employer – any person who engages and controls the services of domestic worker and party to employment contract Household – the immediate members of the family or the occupants of the house that are directly provided with services
  5. 5. 5 I. Legal Background Republic Act No. 10361 – Batas Kasambahay (2013) Sec. 30 – Social and Other Benefits Domestic worker who has rendered at least 1 month of service shall be covered by SSS, Philhealth and Pag-ibig Fund and entitled to all benefits provided by law Contributions: if wage is less than P5,000 - to be shouldered by the employer If wage is P5,000 or more – to be proportionately shared by ER and domestic worker
  6. 6. 6 I. Legal Background Prior to Batas Kasambahay Republic Act No. 7655 – An Act Amending Art. 143 of the Labor Code (1993) Increases minimum wage of househelpers Requires SSS coverage for those who receive at least P1,000/month SSS issued Circular 21-V; includes drivers under term - househelpers
  7. 7. 7 I. Legal Background Prior to Batas Kasambahay Republic Act No. 8282 – Social Security Act of 1997 Sec. 9 (Coverage) includes the proviso “Provided, That in the case of domestic helpers, their monthly income shall not be less than One thousand pesos (P1,000.00) a month:” Sec. 10 (Effective date of coverage) For ER – first day of operation For EE – first day of employment for those employed before RA 10361 - Within 30 days from employment under RA 10361
  8. 8. 8 II. Registration As required under Batas Kasambahay Sec. 9, Rule IV - IRR of RA 10361  For SSS, Pag-ibig Fund and PhilHealth to develop a unified system of registration and enrollment
  9. 9. 9 II. Registration For Domestic Worker – To Secure SS Number • SSS Form E-1 (Personal Record) • Requirements (not a pre-requisite) - Birth/Baptismal Certificate, or - Other Identification Documents If not submitted – Temporary Membership Status If submitted – Permanent Membership Status Availment of Benefits and Loans – for those with Permanent Status only
  10. 10. 10 II. Registration For Household ER – To Secure a Household ER ID Number • SSS Form R1 (Employer Registration) - No documents required (e.g. valid ID) - May be submitted thru an authorized representative • SSS Form R1-A (Employment Report)
  11. 11. 11 III. Contributions • Employer - if kasambahay receives less than P5,000/mo. • Employer-Employee proportionate sharing - if the kasambahay receives P5,000 & above • Use SSS Form R-5 • Or if paid thru the Bank, Bank shall issue SBR • Before the Batas Kasambahay, the ER and the kasambahay proportionately share
  12. 12. 12 IV. When to Pay - If deadline falls on a Saturday, Sunday or holiday, pay on the next working day. - Advance payments may be made, but said payments shall only be credited to the records of the Domestic Worker as these fall due - Payments made beyond the deadline are charged a Penalty of 3% per month
  13. 13. 13 V. Where to Pay • SSS Branches with Tellering Services • Accredited collecting banks
  14. 14. 14 VI. Reporting • SSS Form R-3 - Contribution Collection List - submit quarterly, together with a copy of SSS Form R5 (machine validated or with Special Bank Receipt) - may also be submitted simultaneously with advance payments made, but contributions shall be posted to the Domestic Worker’s account as these fall due - may also be submitted monthly and electronically by participating in the e-R3 (electronic R-3) Program
  15. 15. 15 VII. Benefits
  16. 16. 16 VII. Benefits
  17. 17. 17 Privilege - Loans
  18. 18. 18 VIII. Liabilities Under SSS/EC •3% penalty/month for delinquent contributions •Damages if Kasambahay claims for benefit without having been first reported to the SSS •Penalty – Fine of P5,000 to P20,000 and/or imprisonment for 6 years & 1 day to 12 years
  19. 19. 19 VIII. Liabilities Under Batas Kasambahay •Penalty – Fine of P10,000 to P40,000 without prejudice to filing of criminal or civil action Contacts: For additional Information Website: Emai: Tel. Assistance: 9206446 to 55 Or visit SSS Paranaque Branch 8449 Dr. A. Santos Ave., Sucat Paranaque City 8250270/8250898