SSS, Philhealth, HDMF and the Kasambahay Law, a few follow-up questions on the SSS were posted by some readers – and all of them are about arrears.
I'm posting the questions here, and the answers, based on what the SSS customer service hotline told me.
1. Our helper has been with us for several years already, but we are beginning to pay for his/her SSS contributions only this year. Will we need to pay for the past years?
Yes. If your househelp has been with you since 2010, you will have to pay contributions for all months starting from 2010. (Ouch, I know.)
In addition, there is a 3% penalty per month of delay. As per Section 22 of the Social Security Act of 1997, "if any contribution is not paid to the SSS as herein prescribed, [the employer] shall pay besides the contribution a penalty thereon of three percent (3%) per month from the date the contribution falls due until paid." (Ouch, ouch, ouch!)
But if you're shaking now, your kasambahay would be shaking a bit too. Because not only will the SSS collect arrears from you, they will also be collecting arrears from your kasambahay. Remember, before the kasambahay law, even those whose salary fell below P5,000 also had to contribute an employee share.
The difference is, your kasambahay will not be charged a 3% penalty. You're the only one who will receive that extra expense.
2. What figures will the computation of SSS contribution arrears be based on?
Before the Kasambahay Law took effect on June 3, 2013, the employee had a corresponding share on SSS payments even though his/her salary was below P5,000. Therefore, the computation will be based on the employer share only, not the entire amount of the kasambahay's salary.
3. Will I have to pay the entire sum in full all in one blow?
You may be able to arrange for payment in installments with your SSS branch office.
4. After the contribution arrears have been paid, will my kasambahay be considered an active member for all the years paid? Will those years be included in the computation of the kasambahay's retirement pension?
5. Ever since our kasambahay has been with us, we have been giving him/her money to pay SSS contributions. But recently, we discovered that our kasambahay has not been remitting those payments to SSS! What happens now? Will the SSS charge me for all those years that I inadvertently failed to pay for my kasambahay's contributions?
Unfortunately, yes. This issue is one between you and your kasambahay. The SSS will have no part in it. As far as the SSS is concerned, you did not pay contributions, and they will base their computation of arrears on what they have on record.
6. Our kasambahay has been given a raise four times already since he/she began working with us. Which salary shall the SSS use to base its computation for my arrears?
You shall be asked to fill out a form on how much your kasambahay's wages had been in past years. This is a legal document, so you are expected to tell the truth.
DISCLAIMER: All information posted on this article are based on what I understood from my calls to the SSS hotline. I have made every effort to make it as accurate as possible, but I accept no responsibility for consequences that may befall you should any of the information here turn out to be wrong. Should you be aware of any inaccuracies in the information posted here, please inform me so that the erratum may be announced and the correction made. Thanks!
|The Nanay Notebook is written by Blessie Adlaon, a work-at-home and homeschooling mom of four. Check out our About page to know more about this blog's author and our policies on advertising, press releases, and reposting.|