Professional Documents
Culture Documents
Atty. Disini's Soc Leg Tables
Atty. Disini's Soc Leg Tables
Atty. Disini's Soc Leg Tables
1. Policy Objectives
SSS
ECSIF
2. Employer
SSS
Any person, natural or juridical,
domestic or foreign, who carries
on in the Philippines any trade,
business, industry, undertaking,
or activity of any kind and uses
the services of another person
who is under his orders as regards
the employment
Exempt Employer
1. Government and any of
its political subdivisions,
branches or
instrumentalities,
including corporations
owned or controlled by
the Government
2. self-employed person
shall be both employee
and employer at the
same time.
GSIS
ECSIF
1.
2.
3.
3. Employee
SSS
GSIS
ECSIF
1.
1.
2.
2.
relationship
a self-employed person shall
be both employee and
employer at the same time.
3.
sanggunian officials
4. Dependent
SSS
GSIS
ECSIF
5. Beneficiaries
SSS
Primary
1. dependent spouse until
he or she remarries
2. dependent legitimate,
legitimated or legally
adopted, and illegitimate
children
Secondary In the absence of
both primary, the dependent
parents
Others In the absence of all the
foregoing, any other person
designated by the member as
his/her secondary beneficiary.
GSIS
ECSIF
Primary
1. dependent spouse until
he or she remarries
2. dependent, Provided that
the dependent natural
child shall be considered
as primary beneficiary
when there are no other
dependent children who
are qualified and eligible
for monthly income
benefit.
6. Coverage
SSS
Compulsory
1. all employees not over
sixty (60) years of age
and their employers.
2. domestic helpers, their
monthly income shall
not be less than One
thousand pesos
(P1,000.00) a month
3. self-employed persons
as may be determined by
the Commission under
such rules and
regulations as it may
prescribe, including but
not limited to the
following:
a. All selfemployed
professionals;
b. Partners and
single
proprietors of
businesses;
c. Actors and
actresses,
directors,
scriptwriters
and news
correspondents
who do not fall
within the
definition of the
term
"employee";
d. Professional
athletes,
coaches,
trainers and
jockeys; and
e. Individual
farmers and
fishermen.
EFFECTIVITY
For EE, on first day of
employment
For ER, on first day of
operations
For self-employed, upon
registration
Voluntary
1. Filipinos recruited by
GSIS
ECSIF
Compulsory
all employees receiving
compensation who have
not reached the
compulsory retirement
age, irrespective of
employment status
members of the judiciary
and constitutional
commissions qualify for
life insurance only
Compulsory
All employers and their
employees not over 60 yrs old
EXCEPT:
1.
2.
2.
3.
4.
foreign-based employers
for employment abroad
may be covered by the
SSS on a voluntary
basis.
employee under
compulsory coverage is
separated from
employment, his
employers contribution
on his account and his
obligation to pay
contributions arising
from that employment
shall cease at the end of
the month of separation,
but said employee shall
be credited with all
contributions paid on his
behalf and entitled to
benefits according to the
provisions of this Act.
He may, however,
continue to pay the total
contributions to maintain
his right to full benefit.
If the self-employed
realizes no income in
any given month, he
shall not be required to
pay contributions for
that month. He may,
however, be allowed to
continue paying
contributions under the
same rules and
regulations applicable to
a separated employee
member
Spouses who devote full
time to managing the
household and family
affairs, unless they are
also engaged in other
vocation or employment
which is subject to
mandatory coverage
By Arrangement
any foreign government,
international
organization or their
wholly-owned
instrumentality
employing workers in
the Philippines or
employing Filipinos
outside of the
Philippines, may enter
into an agreement with
the Philippine
Government for the
inclusion of such
employees in the SSS
except those already
covered by their
respective civil service
retirement systems
Excluded employment:
1. Employment purely
casual and not for the
purpose of occupation or
business of the
employer;
2. Service performed on or
in connection with an
alien vessel by an
employee if he is
employed when such
vessel is outside the
Philippines;
3. Service performed in the
employ of the Philippine
Government or
instrumentality or
agency thereof;
4. Service performed in the
employ of a foreign
government or
international
organization, or their
wholly-owned
instrumentality:
Provided, however, That
this exemption
notwithstanding, any
foreign government,
international
organization or their
wholly-owned
instrumentality
employing workers in
the Philippines or
employing Filipinos
outside of the
Philippines, may enter
into an agreement with
the Philippine
5.
GSIS
A member separated from the service shall
continue to be a member, and shall be
entitled to whatever benefits he has
qualified to in the event of any contingency
compensable under this Act.
full benefit.
Self Employed realizes no income in any given
month
If the self-employed realizes no income in
any given month, he shall not be required
to pay contributions for that month. He
may, however, be allowed to continue
paying contributions under the same rules
and regulations applicable to a separated
employee member:
8. Reporting Requirements
SSS
GSIS
Each covered self-employed person shall,
within thirty (30) days from the first day he
started the practice of his profession or
business operations register and report to
the SSS his name, age, civil status, and
occupation, average monthly net income
and his dependents
9. Funding
SSS
1.
2.
3.
employers contributions
employees
contributions
Note: Amount based on
salary brackets
Remittances - actual
remuneration for
employment, including
the mandated cost-ofliving allowance, as well
as the cash value of any
remuneration paid in any
medium other than cash
except that part of the
remuneration in excess
of the maximum salary
credit
Benefits prescribed in
this Act shall not be
diminished and to
guarantee that the
Government accepts
general responsibility for
the solvency of the SSS
GSIS
1.
2.
3.
ECSIF
employers contributions
members contributions
Government guarantees
the fulfillment of the
obligation of GSIS to
members
1.
-
employer contribution
contribution shall be
paid in their entirety by
the employer and any
contract or device for the
deductions of any
portion thereof from the
wages or salaries of the
employees shall be null
and void
2.
Employee no
contribution
11. Benefits
SSS
1.
2.
3.
4.
5.
6.
7.
8.
Monthly pension
Dependents Pension
Retirement
Death
Permanent Disability
Funeral
Sickness
Maternity limited only
to first 4 deliveries or
miscarriages.
ECSIF
GSIS
ECSIF
All Members
1. Separation
2. Retirement
3. Disability
4. Life Insurance
5. Funeral
Note: All-Tax exempt
Judiciary and Const.
Comms entitled to life
insurance only.
1.
2.
3.
4.
5.
6.
7.
8.
Medical
Temporary total
disability
permanent total
disability
permanent partial
disability
death
funeral
second injury
deprivation of benefits
GSIS
ECSIF
Non work connected
disability, sickness,
death
Permanent disability
Upon occurrence of
contingency but GSIS
exempt from liability, if
permanent disability is
due to grave misconduct,
notorious negligence,
habitual intoxication, or
willful intention to kill
himself or another.
otherwise provided by
law
Survivorship
Separation
Unemployment
GSIS
ECSIF
All claims for benefits
4 years from date of
contingency.
Exception: Life and
Retirement benefits.
GSIS
ECSIF
Whenever other laws
provide similar benefits
for the same
contingencies covered
by this Act, the member
who qualifies to the
benefits shall have the
option to choose which
benefits will be paid to
him. However, if the
benefits provided by the
law chosen are less than
the benefits provided
under this Act, the GSIS
shall pay only the
difference.
GSIS
ECSIF
Non-Transferability of Benefits. -
GSIS
ECSIF
Disputes involving:
1. coverage
2. benefits
3. contributions
4. penalties
5. any other matter related
thereto
Agency GSIS
Decide the case within 30 days
from the receipt of the hearing
officers findings and
recommendations or 30 days after
submission for decision
Appeals
CA- Rule 43
SC Rule 45
Appeals shall not stay the
execution of the order or award
unless ordered by the Board
Execution of decision when no
appeal is perfected and there is no
order to stay by the Board, CA or
SC, any decision or award shall
be enforced and executed in the
same manner as decisions of RTC