Who are covered by the SSS?

R.A 1161 Section 9 and 9-A

Compulsory coverage. — (a) Coverage in the SSS shall be compulsory upon all employees not
over sixty years of age and their employers: Provided, That any benefit already earned by
employees under private benefit plans existing at the time of the approval of this Act shall not be
discontinued, reduced or otherwise impaired: Provided, further, That private plans which are existing
and in force at the time of compulsory coverage shall be integrated with the plan of the SSS in such
a way where the employer's contribution to his private plan is more that that required of him in this
Act he shall pay to the SSS only the contribution required of him and he shall continue his
contribution to such private plan less his contribution to the SSS so that the employer's total
contribution to his private benefit plan and to the Social Security System shall be the same as his
contribution to his private benefit plan before the compulsory coverage: Provided, further, That any
changes, adjustments, modifications, eliminations or improvements in the benefits to be available
under the remaining private plan, which may be necessary to adopt by reason of the reduced
contribution thereto as a result of the integration, shall be subject to agreements between the
employers and employees concerned: Provided, further, That the private benefit plan which the
employer shall continue for his employees shall remain under the employer's management and
control unless there is an existing agreement to the contrary: Provided, finally, That nothing in this
Act shall be construed as a limitation on the right of employers and employees to agree on and
adopt benefits which are over and above those provided under this Act. (As amended by Sec. 5,
R.A. 1972; Sec. 5, R.A. 2658; and Sec. 2, R.A. 3839)

(b) Filipinos recruited in the Philippines by foreign-based employers for employment abroad may be
covered by the SSS on a voluntary basis. (As amended by Sec. 2, P.D. No. 177, S-1973 and Sec. 6,
P.D. No. 735, S-1975)

Section 9-A. Compulsory Coverage of the Self-employed. — Coverage in the SSS shall also be
compulsory upon all self-employed persons earning P1,800 or more per annum: Provided, That the
effectivity of coverage of certain groups of self-employed shall be determined by the Commission
under such rules and regulations it may prescribe: Provided, further, That the effectivity of the
coverage of the following self-employed persons shall be in accordance with section ten (b) hereof:

1. All self-employed professionals licensed by the Professional Regulations Commission or

those licensed to practice law.

2. Partners and single proprietors of businesses.

3. Actors and actresses, directors, scriptwriters and news correspondents who do not fall
within the definition of the term "employee" in section eight (d) of this Act.

4. Professionals athletes, coaches, trainers licensed by the Games and Amusement Board
as well as jockeys and trainers licensed by the Philippine Racing Commission.

Unless otherwise specified herein, all provisions of the SSS Law applicable to covered employees
shall also be applicable to the covered self-employed persons. (As amended by Sec. 3, P.D. No.
1636, S-1979)
Gigi will celebrate her 65th birthday on Nov 1 2017. When she was 22yrs old, she was hired by the Ponte
family to be the yaya of Juanito who was born that year, 1972. When Juanito became a lawyer in 1998
and employed in a law firm, Gigi also follow him, got employed as clerk of the law firm, and eventually
became a member of SSS. Juanito, after his five year practice in law, was appointed judge of the city
court in 2003. He employed Gigi as one of his staff in his court, and Gigi became a member of GSIS. Is
Gigi qualified for GSIS pension benefit? Why? If so, what is the basis for the amount of benefit to be paid
by GSIS to her? Explain

A Spinster high school teacher took pity on one of her students, a tough and talented 15-year old girl
whose poor family could barely afford the cost of her schooling. She lives alone at her house near the
school. She decided to take the girl to live with her as a working student. The school principal learned
about it and charged her with violating RA 9231 which prohibits the employment of minor workers and
limits the hours of work of a working child. In her defense, the teacher stated that the work performed
by her student is not hazardous, and is only until 7pm every night. She invoked the exception provided
in the Department Order of DOLE for the engagement of persons in domestic and household service.

Donato, a widower, lived alone in a house with a large garden. One day, he noticed that the plants in his
garden needed trimming. He remembered that Lando, a 17-year old out-of-school youth, had contacted
him in church the other day looking for work. He contacted Lando who immediately attended Donato’s
garden sometimes once or twice in every two months to clean the garden and trim the plants.

Does Donato need to register Lando with SS pursuant to RA 10361?

R.A 10361 sec 4. Defines Domestic worker or "Kasambahay" refers to any person engaged in
domestic work within an employment relationship such as, but not limited to, the following: general
househelp, nursemaid or "yaya", cook, gardener, or laundry person, but shall exclude any person
who performs domestic work only occasionally or sporadically and not on an occupational basis.

Amelia was initially hired in 1979 as a government employee, , the PNB being a government-owned or
controlled corporation. As such, she was governed by civil-service laws, and the compulsory retirement
age, as imposed by law, was at 65 years. In 1996, PNB was privatized. Consequently, all its employees,
including Amelia, were deemed retired from the government service. The GSIS accordingly paid Amelia
retirement gratuity, thereafter, Amelia continued to be an employee of PNB. In 2000, the PNB Board of
Directors approved the PNB Regular Retirement Plan which contains a provision that the retirement age
is 60 years old. Then, PNB informed its officers and employees of the terms and conditions of the PNB-
RRP, along with its implementing guidelines. In Feb 2002, PNB informed Amelia that her last day of
employment would be on March 3 2002. Amelia questioned her compulsory retirement and even
threatened to take legal action against PNB for illegal dismissal and unfair labor practice in the form of
union busting, Amelia being then the President of the PNB Supervisors and Officers Association.
Is the lowered retirement age in the CBA contrary to Article 287 of the Labor Code, R.A 7641?

Manly had been an employee if Pro-produce Company for the last 10 years. His wife of 6 years died in
January of this year. They had 4 children. Still within the mourning period, he met his first love, Beauty
but love proves sweeter the second time around, thus he cohabited with Beauty with his four children.
In the first week of October this year, Beauty had her miscarriage. Manly wanted to avail himself of his
paternity leave. He approached his college friends who are studying law for advice. Neggy said Manly
had already used up his entitlement under the Paternity Leave Law which took effect in 1996. Winny
opined that the paternity leave was intended to enable the husband to effectively lend support to his
wife in her period of recovery and/or in the nursing of the newly born child and that the rationale for
the law favors manly.

Is manly entitled to avail, this time, of his paternity leave?

Jericho works for ABC Engineering Company at its main project in Mindanao Steel Plant in Villanueva,
MisOR. One day, Jericho accompanied his engineering supervisor, Daniel, to check the project at
Tagoloan, MisOR. On their way back to MSP, on board a company shuttle, Jericho had an altercation
with Daniel, particularly on their different findings and recommendations for the project they just
inspected. Irked by the disrespectful attitude of Jericho, Daniel pulled out his gun and shot Jericho while
the shuttle was about to enter the premises of MSP. Jericho was hit in the spinal column, paralyzing him
completely.
Jericho sought compensation for his disability under the Employees’ Compensation Program but his
claim was refused on the ground of the Going and Coming Rule, an exclusion from the benefits of the
program. For his part, Jericho invoked the Proximity Rule.

Is the disability suffered by Jericho compensable?

Mario Masculado tried his luck in CDO and landed a job as a utility man at the warehouse of SM DP.
After working as a casual employee for six months, he signed a contract for probationary employment
for six months, he signed a contract for probationary employment for six months. Being well-built and
physically attractive, his supervisor Medio Maldito, took special interest to befriend him. At one break
time, Mr. Maldito followed Mario to the rest room, placed his arm over Pedro’s shoulder and softly said:
“You have great protential to become a regular employee and I think I can give you a favourable
recommendation. Can you come over to my condo unit on Sat evening so we can have a little drink? Im
alone and im sure you want to stay longer with the company

https://www.youjizz.com/videos/hot-blonde-love-morning-sex-22774561.html

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Is mr. maldito liable for sexual harassment in employment environment under RA 7877?

Agri-tayo’s company was engaged in the manufacture of goods using the byproducts of coco trees and
employed some fifty workers who lived in the coco plantation in Alubijid. The land upon which the
company conducted its operation was subjected to agrarian reform under RA6657 for distribution to the
tenants and residents of the land. Consequently, Agri-tayo company had to close its operations and
dismiss its workers. The union, representing the employees demanded that ATC pay the dismissed
workers separation pay to employees in cases of ‘closing or cessation of operations of the establishment
or undertaking’

It is correct?why/whynot
The relations between employer and employee are purely contractual in nature?

The relations between employer and employee are not merely contractual. They are so
impressed with public interest that labor contracts must yield to the common good. Therefore,
such contracts are subject to the special laws on labor unions, collective bargaining, strikes and
lockouts, closed shop, wages, working conditions, hours of labor and similar subjects [Art.
1700, Civil Code].