May

SSS na
ako!

Kami
rin!

Presented by:
Buti na
lang
meron na
ako.

ATTY. ALLAN JOSEPH B.

ANDRADA
Corporate Executive Officer
III
Branch Systems &
Procedures Dept.

I. Legal Background
A. Presidential Decree No. 442 - Labor Code (1974)
Book III, Title III, Chapter III covers employment of
househelpers
Defines domestic or household service as usually
necessary or desirable for the maintenance and
enjoyment of the household and includes ministering
to the personal comfort and convenience of the
members of the employers household, including
services of family drivers. (Art. 141)
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I. Legal Background
B. 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

I. Legal Background
C. 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 on the day of employment

I. Legal
Background
D. Republic Act No. 10361 Batas Kasambahay (2013)
An Act Instituting Policies for the Protection and Welfare of
Domestic Workers
Domestic Workers Act or Batas Kasambahay
Signed by Pres. Benigno S. Aquino III on January 18, 2013
Became enforceable on June 04, 2013 fifteen (15) days
after the publication of its Implementing Rules and
Regulations (IRR) on May19, 2013 in The Philippine Star and
The Manila Times
5

I. Legal
Batas Kasambahay
Background
Landmark piece of labor and social legislation that recognizes
for the first time domestic workers as similar to those in the
formal sector
Strengthens respect, protection, and promotion of the rights
of and welfare of domestic workers or Kasambahay
It took sixteen (16) years for Congress to pass the
Kasambahay Law or Magna Carta for Domestic Workers

I. Legal
Batas Kasambahay
Background
Last legislation passed in Congress was in 1993 or twenty
(20) years ago (Republic Act No. 7655, An Act Increasing the
Minimum Wage of Househelpers)
P-Noy, in his first SONA (2010) called for a legislation to
benefit household workers
Bills were immediately filed in both houses of Congress
which resulted in the approval consolidated SB No. 78
(2011) and HB No. 6144 (2012)

I. Legal
Batas Kasambahay
Background
It took only two (2) years for both bills to pass Congress
through the leadership of Senator Jinggoy Ejercito Estrada
and Rep. Emil L. Ong
Can also be referred to as the Estrada-Ong Law

I. Legal
Batas Kasambahay
Background
International Labour Organization (ILO) Convention No. 189
Decent Work for Domestic Workers Convention
Adopted during the International Labour Conference in June,
2011
Contributed to the early passage of the law
The Philippines chaired the Conference Committee on
Domestic Work
P-Noy ratified the Convention on May 18, 2012
Senate concurred in the ratification on August 06, 2012

I. Legal
Batas Kasambahay
Background
International Labour Organization (ILO) Convention No. 189
Effect: Created a legal obligation for the Philippines to
observe the principles embodied in the Convention, both in
law and in practice
The Convention takes into force and effect on September 05,
2013 a year after the deposit of the Philippine instrument of
ratification with the ILO on September 05, 2012
Batas Kasambahay forms part of our progressive
compliance with ILO Convention No. 189
1.9 Million local Kasambahay are estimated to benefit from
the law
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I. Legal
Background

THE LAW

Sec. 4. Definitions
Domestic work work performed in or for a household
Domestic worker or kasambahay person engaged in domestic
work within employment relationship, such as:
General househelp

Nursemaid or yaya

Cook

Gardener

Laundry person
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I. Legal
Excludes:
Background

Service providers
children under foster family arrangement
living with a family or household of relative/s and are
provided access to education and given an allowance
incidental to education, i.e. baon, transportation, school
projects and school activities
Any person who performs domestic work only occasionally
or sporadically and not on an occupational and regular basis
A janitress doing irregular laundry work for a household
during rest day
A construction worker doing casual gardening job for a
household
A hospital nurse or a student doing baby-sitting job
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I. Legal
Background
Employer any person who engages and controls the services
of a domestic worker and is party to the employment contract

Household the immediate members of the family or the

occupants of the house that are directly provided with services
by the domestic worker

13

I. Legal
Sec. 30 Social and Other Benefits
Background
A domestic worker who has rendered at least one (1) month of
service shall be covered by the Social Security System (SSS), the
Philippine Health Insurance Corporation (PhilHealth), and the Home
Development Mutual Fund (Pag-IBIG)
Contributions:
if wage is less than P5,000 a month - to be shouldered by the
employer
If wage is P5,000 and above per month to be proportionately
shared by ER and domestic worker
14

 Who are disqualified to be reported as

house helpers?
Grandparents
Parents
Spouse
Children
Grandchildren
Reason: above persons are obliged
to support each other, under Art. 195
of the Family Code of the Phils.

Coverage of siblings as HH is subject to

verification/investigation.
Latest developments:
- SSC Case # 11-18184-07 (June 28, 2010)
EVANGELINE MATSUMOTO vs. SSS
HR is the brother-in-law.
- SSC Case # 11-19055-09 (March 16, 2011)
LEONILA GLORIA vs. SSS
HR is a married sister.

 EVANGELINE MATSUMOTO vs. SSS

HR is the brother-in-law.
Arguments:
- Sister or brother may definitely be employed
by a married sister or brother belonging to
different households, or by a brother-in-law.
- Petitioner does not receive support from his
brother-in-law.
- It was proven beyond doubt that the actual
domestic employment exists.

 LEONILA S. GLORIA vs. SSS

HR is a married sister.
Arguments:
- Household is defined as those who dwell
under the same roof and constitute a
family; belonging to the same house and
family.
- Family generally refers to parents and
children.
- It cannot be said that petitioner is a
member of her sisters household.

General rule:

II. Registration
SECTION 9, RULE IV - IRR of RA 10361:
The SSS, Pag-IBIG and PhilHealth shall develop a
unified system of registration and enrollment within six
(6) months from the issuance of the IRR.

20

II. Registration
Memorandum from the PCEO dated June 04, 2013:
A step-by-step GUIDE TO SSS REGISTRATION AND PAYMENT
FOR HOUSEHOLD EMPLOYER AND DOMESTIC WORKER
(KASAMBAHAY), INCLUDING FAMILY DRIVER
issued in the form of a Flyer/Handout (long bond size, printed backto-back)
should be reproduced and made available in the Branches
available also in the SSS Intranet and at the SSS Website
(www.sss.gov.ph)
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II. Registration
Advisory on the REGISTRATION OF HOUSEHOLD EMPLOYERS &
DOMESTIC WORKERS dated June 06, 2013:
issued by the Branch Systems and Procedures Department (BSPD)
contains the general guidelines to be implemented, pending the
issuance of the Official Orders for the enhanced policies/procedures
Consistent with the information contained in Flyer/Handout
Available in the Operations Page of the SSS Intranet

23

REGISTRATION PROCEDURES
A. FOR A HOUSEHOLD EMPLOYER
EMPLOYER ID NUMBER is issued using SSS Form R-1
(EMPLOYER REGISTRATION)
No supporting document required
Business Code : 0841
EMPLOYER ID NUMBER will be issued even if at the time of
registration, no Kasambahay is being reported yet as an employee

24

25

REGISTRATION PROCEDURES
A. FOR A HOUSEHOLD EMPLOYER
Letter to the Household Employer (Annex A of Advisory) is issued
upon registration
Date of Coverage (DOC) is automatically updated upon data entry
of the earliest Date of Employment in the Employee Subsystem
(R-1A Details Input Module) of the RC System
A Monthly Report of Household Employers with no DOC will be
generated for monitoring by the Branch concerned
The EMPLOYER ID No. as a Household Employer is different
from the EMPLOYER ID No. as a business proprietor

26

AnnexA

27

REGISTRATION PROCEDURES
B.

FOR A KASAMBAHAY (To secure an SS Number)

SSS Form E-1 (Personal Record) is used

Supporting documents are the same as those provided under

Office Order No. 216-P

lf supporting document/s is/are not available, SS Number will still

be
issued, but the SSS Form E-1 will bear a stamp:

MEMBERSHIP STATUS IS TEMPORARY. USE OF SS

NUMBER INITIALLY FOR CONTRIBUTION PAYMENT
ONLY. PLEASE SUBMIT BIRTH OR BAPTISMAL
CERTIFICATE
OR
OTHER
IDENTIFICATION
DOCUMENTS FOR CONVERSION TO PERMANENT

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29

REGISTRATION PROCEDURES
B. FOR A KASAMBAHAY (To secure an SS Number)
Letter to the Kasambahay (Annex B of Advisory) is issued
Application for the Unified Multi-Purpose ID (UMID) Card may be
immediately made if:

Membership Status is PERMANENT

Initial payment was made at the ATS (Automated

Tellering System) in the Branch

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Annex-B

31

REGISTRATION PROCEDURES
C. REPORTING A KASAMBAHAY FOR SSS COVERAGE
SSS Form R-1A (Employment Report ) is used
To be submitted with SSS Form L-501 (Specimen
Signature
Card )
Date of Employment of the Kasambahay:
Presumed correct. The SSS, however, reserves the right to
establish the veracity of the information submitted
Basis of the Effective Date of Coverage of the HH ER
Start of the HH ERs obligation to remit the contributions of the
Kasambahay

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34

REGISTRATION PROCEDURES
If the Date of Employment of the Kasambahay is EARLIER than
the Date of Registration by the HH ER:
HH ER to submit a STATEMENT OF MONTHLY SALARIES
RECEIVED BY THE KASAMBAHAY (Annex C of Advisory)
From the Date of Employment up to the Date of Registration
Basis of the monthly contributions that have accrued

35

REGISTRATION PROCEDURES
ACCOUNTS MANAGEMENT SECTION (AMS) of the Branch
Computes the amount of liability of the HH ER based on the
STATEMENT OF MONTHLY SALARIES RECEIVED BY THE
KASAMBAHAY
Issues the corresponding STATEMENT OF CONTRIBUTIONS AND
PENALTIES DUE (Annex D of Advisory)
A BILLING LETTER (Annex E of Advisory) is issued to the HH ER

36

Annex - C

37

Annex - D

38

Annex - E

39

Existing HRs who are still using their SS Numbers in the payment
of contributions for their Household Employees shall continue to
do so, until they are issued their Employer ID Numbers
Employer ID Numbers were system-generated and displayed in the
HRs Employee Static Information in the WINS
Procedure in the Issuance of the system-generated ER ID Numbers:
The HR will submit SSS Forms R-1 and L-501
SSS Form R-1 will be the basis for the encoding of:

Address of HR

No. of Employee/s
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III.PAYMENT PROCEDURES
EMPLOYER CONTRIBUTIONS PAYMENT FORM (R-5) is used
Payments may be made at:
SSS Branches with Tellering Services
Accredited Collecting Banks
Payment is made monthly:

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IV. REPORTING
CONTRIBUTION COLLECTION LIST (SSS Form R-3) is to
be used at the end of every calendar quarter ending in March,
June, September and December
attach a copy of SSS Form R-5 (machine-validated or
with Special Bank Receipt)
may also be submitted monthly and electronically
through:
Enrollment in the SSS Web facility
(www.sss.gov.ph)

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V. LIABILITIES
Under SSS/EC LAWS
3% penalty/month for delinquent contributions
Damages if Kasambahay claims for benefit without having
been first
reported to the SSS
Penalty - Fine and/or imprisonment for 6 years & 1 day to 12
years

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Under Batas Kasambahay

Penalty Fine P10,000 P40,000 without prejudice to
filing of
criminal or civil action

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