Jazine John T.
Ambajan BSMA 3F
DATA PRIVACY ACT OF 2012 (RA 10173)
Personal vs. Sensitive Information
Personal Information refers to any
information whether recorded in a
material form or not, from which the
identity of an individual is apparent or
can be reasonably and directly
ascertained by the entity holding the
information, or when put together with
other information would directly and
certainly identify an individual [Section
3(g) DPA].
Sensitive Personal Information:
 About an individual’s race,
ethnic origin, marital status,
age, color, and religious,
philosophical or political
affiliations;
 About an individual’s health,
education, genetic or sexual life
of a person, or to any
proceeding for any offense
committed or alleged to have
been committed by such
person, the disposal of such
proceedings, or the sentence of
any court in such proceedings;
 Issued by government agencies
peculiar to an individual which
includes, but not limited to,
social security numbers,
previous or current health
records, Licenses or its denials,
suspension or revocation, and
tax returns; and
 Specifically established by an
executive order or an act of
Congress to be kept classified.
[Section 3(l) DPA].
NOTE: The law defines sensitive personal
information by enumerating an Information can
also be considered Sensitive Personal
Information by implication If in essence the
data processed falls under those enumerated,
for example.
Birthdate – by providing such information, the
age (which is a sensitive personal Information)
will also be disclosed.
SCOPE
This Act applies to the processing of all types of
personal information and to any natural and
juridical person involved in personal
information processing including those personal
information controllers and processors who,
although not found or established in the
Philippines, use equipment that are located in
the Philippines, or those who maintain an
office, branch or agency in the Philippines.
(Section 4 DPA)
EXCEPTIONS
 Information about an officer or
employee of a government or any
related cases.
 Personal Information for journalistic,
artistic, literary, or research purposes.
 Information necessary to carry out
functions of public authority.
 Information necessary for banks and
other financial institutions
 Personal Information originally
collected from residents of foreign
jurisdiction.
PROCESSING OF PERSONAL INFORMATION
Processing
Any operation of any set of operations
performed upon personal data including, but
not limited to, the collection, recording,
organization, storage, updating or modification,
retrieval, consultation, use, consolidation,
blocking, erasure or destruction of data. (Sec 3.j
DPA)
Personal Information Controller (PIC)
Refers to a person or organization who controls
the collection, holding, processing or use of
personal information, including a person or
organization who instructs another person or
organization to collect, hold, process, use,
transfer or disclose personal information on his
or her behalf.
Personal Information Processor (PIP)
Refers to any natural or juridical person
qualified to act as such under this Act to whom
a personal information controller may
Jazine John T. Ambajan BSMA 3F

outsource the processing of personal data 2. Right to object; except 1. Subject to

pertaining to a data subject. (Sec 3.i DPA) subpoena, 2. Relation to contract or
Data Privacy Principles service, and 3. Result of legal obligation.
Transparency 3. Right to access
A data subject must be aware of the nature, 4. Right to rectification
purpose, and extent of the processing of his or 5. Right to erasure or blocking
her personal data, including the risks and 6. Right to damages
safeguards involved, the identity of personal 7. Right to Data portability
information controller, his or her rights as a 8. Right to file complaint
data subject, and how these can be exercised.
Any information and communication relating to PENALTIES
the processing of personal data should be easy
to access and understand, using clear and plain Any natural or juridical person, or other body
language. involved in the processing of personal data,
Legitimate Purpose who fails to comply with the Act, the
The processing of information shall be Implementing Rules and Regulations, and other
compatible with a declared and specified issuances of the Commission, shall be liable for
purpose, which must not be contrary to law, such violation, and shall be subject to its
morals, or public policy. corresponding sanction, penalty, or fine,
Proportionality without prejudice to any civil or criminal
The processing of information shall be liability, as may be applicable.
adequate, relevant, suitable, necessary, and not
excessive in relation to a declared and specified The law provides penalties for various offenses
purpose. Personal data shall be processed only summarized as follows:
if the purpose of the processing could not
reasonably be fulfilled by other means.
Legal Basis for Processing Personal
Information:
1. Consent
2. Contract
3. Compliance with legal obligation
4. Vital interest
5. National emergency
6. Public task
7. Legitimate interest
Legal Basis for Processing Sensitive Personal
Information
1. Consent
2. Existing law and regulations
3. Protection of life and death
4. Public Organizations
5. Medical treatment
6. Lawful rights and interests
Rights of Data Subject – an individual whose
personal information are processed.
1. Right to be informed
Jazine John T. Ambajan BSMA 3F
If the offender is a corporation, partnership or
any juridical person, the penalty shall be
imposed upon the responsible officers, as the
case may be, who participated in or by their
gross negligence, allowed the commission of
the crime.
The maximum penalty in the corresponding
scale of penalties provided for the preceding
offenses shall be imposed when the personal
data of at least one hundred (100) persons are
harmed, affected, or involved, as the result of
any of the above-mentioned offenses.
2000
ELECTRONIC COMMERCE ACT OF 2000 (R.A.
8792)
OBJECTIVE – This Act aims to facilitate domestic
and international dealings, transactions,
arrangements agreements, contracts and
exchanges and storage of information through
the utilization of electronic, optical and similar
medium, mode, instrumentality and technology
to recognize the authenticity and reliability of
electronic documents related to such activities
and to promote the universal use of electronic
transaction in the government and general
public.
DEFINITION OF TERMS
“
E
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e
c
t
r
o
n
i
c
Data Message” refers to information
generated, sent, received or stored by
electronic, optical or similar means.
“Information and Communications System”
refers to a system intended for and capable of
generating, sending, receiving, storing, or
otherwise processing electronic data messages
or electronic documents and includes the
computer system or other similar device by or
in which data is recorded or stored and any
procedures related to the recording or storage
of electronic data message or electronic
document.
“Electronic Signature” refers to any distinctive
mark, characteristic and/or sound in electronic
form, representing the identity of a person and
attached to or logically associated with the
electronic data message or electronic document
or any methodology or procedures employed or
adopted by a person and executed or adopted
by such person with the intention of
authenticating or approving an electronic data
message or electronic document.
“Electronic Document” refers to information or
the representation of information, data, figures,
symbols or other modes of written expression,
described or however represented, by which a
right is established or an obligation
extinguished, or by which a fact may be prove
and affirmed, which is receive, recorded,
transmitted, stored, processed, retrieved or
produced electronically.
Jazine John T. Ambajan BSMA 3F
“Electronic Key” refers to a secret code which
secures and defends sensitive information that
cross over public channels into a form
decipherable only with a matching electronic
key.
Legal Recognition of Electronic Data Messages
– Information shall not be denied legal effect,
validity or enforceability solely on the grounds
that it is in the data message purporting to give
rise to such legal effect, or that it is merely
referred to in that electronic data message
Legal Recognition of Electronic Documents –
Electronic documents shall have the legal effect.
Validity or enforceability as any other document
or legal writing.
COMMUNICATION OF ELECTRONIC DATA
MESSAGES OR ELECTRONIC DOCUMENTS
Time of Dispatch of Electronic Data Messages or
Electronic Documents. – Unless otherwise
agreed between the originator and the
addressee, the dispatch of an electronic data
message or electronic document occurs when it
enters an information system outside the
control of the originator or of the person who
sent the electronic data message or electronic
document on behalf of the originator.
Time of Receipt of Electronic Data Messages or
Electronic Documents. – Unless otherwise
agreed between the originator and the
addressee, the time of receipt of an electronic
data message or electronic document is as
follows:
a) If the addressee has designated
an information system for the
purpose of receiving electronic
data message or electronic
document, receipt occurs at the
time when the electronic data
message or electronic
document enters the
designated information system:
Provide, however, that if the
originator and the addressee
are both participants in the
designated information system,
receipt occurs at the time when
the electronic data message or
electronic document is
retrieved by the addressee;
b) If the electronic data message
or electronic document is sent
to an information system of the
addressee that is not the
designated information system,
receipt occurs at the time when
the electronic data message or
electronic document is
retrieved by the addressee.
c) If the addressee has not
designated an information
system, receipt occurs when
the electronic data message or
electronic document enters an
information system of the
addressee.
These rules apply notwithstanding that the
place where the information system is located
may be different from the place where the
electronic data message or electronic document
is deemed to be received.
Place of Dispatch and Receipt of Electronic Data
Messages or Electronic Documents. – Unless
otherwise agreed between the originator and
the addressee, an electronic data message or
electronic document is deemed to be
dispatched at the place where the originator
has its place of business and received at the
place where the addressee has its place of
business. This rule shall apply even if the
originator or addressee had used a laptop other
portable device to transmit or received his
electronic data message or electronic
document. This rule shall also apply to
determine the tax situs of such transaction.
ELECTRONIC COMMERCE IN SPECIFIC AREAS
CARRIAGE OF GOODS
Transport Documents. – (1) Where the law
requires that any action referred to contract of
carriage of goods be carried out in writing or by
Jazine John T. Ambajan BSMA 3F
using a paper document, that requirement is
met if the action is carried out by using one or
more data messages or electronic documents
ELECTRONIC TRANSACTIONS IN GOVERNMENT
Government Use of Electronic Data Messages,
Electronic Documents and Electronic
Signatures. – Notwithstanding any law to the
contrary, within two (2) years from the date of
the effectivity of this Act, all departments,
bureaus, offices and agencies of the
government, as well as all government-owned
and -controlled corporations, that pursuant to
law require or accept the filling of documents,
require that documents be created, or retained
and/or submitted, issue permits, licenses or
certificates of registration or approval, or
provide for the method and manner of payment
or settlement of fees and other obligations to
the government, shall –
 Accept the creation, filing or retention
of such documents in the form of
electronic data messages or electronic
documents;
 Issue permits, licenses, or approval in
the form of electronic data messages or
electronic documents,
 require and/or accept payments, and
issue receipts acknowledging such
payments, through systems using
electronic data messages or electronic
documents; or
 Transact the government business
and/or perform governmental functions
using electronic data messages or
electronic documents, and for the
purpose, are authorized to adopt and
promulgate, after appropriate public
hearing and with due publication in
newspapers of general circulation, the
appropriate rules, regulations, or
guidelines, to, among others
EASE OF DOING BUSINESS AND EFFICIENT
DELIVERY OF GOVERNMENT SERVICE ACT (R.A.
11032)
POLICY
Amending Republic Act No. 9485 or the Anti-
Red Tape Act of 2007, Republic Act No. 11032
also known as Ease of Doing Business and
Efficient Government Service Delivery Act of
2018 mandates all government offices and
agencies including local government units
(LGUS), Government-Owned or -Controlled
Corporations (GOCCs) and other government
instrumentalities to provide services covering
business and non-business related transactions,
which adopts simplified procedures that will
reduce red tape and expedite transactions in
government.
COVERAGE: all government offices and agencies
including LGUS, GOCCs and other government
instrumentalities, whether located in the
Philippines or abroad, that provide services
covering business and nonbusiness related
transactions.
REENGINEERING OF SYSTEMS AND
PROCEDURES
All agencies which provide government services
shall undertake compliance cost analysis,
conduct time and motion studies, undergo
evaluation and improvement of all their
government services, and reengineer the same,
if deemed necessary, to reduce bureaucratic
red tape and processing time, and to promote
efficiency and simplicity of processes.
Each office or agency shall designate a unit to
perform the above-mentioned functions, as
well as other roles stated in the Act. The unit
shall be charged with conducting regulatory
impact assessment of their proposed
regulations to establish that these do not add
undue regulatory burden and cost to their
respective agencies as well as applicants or
requesting parties.
Prescribed Processing Time
3 Working Days Simple Transactions
7 Working Days Complex Transactions
20 Working Days Highly Technical
Jazine John T. Ambajan BSMA 3F
Transactions
CITIZEN’S CHARTER
All government agencies shall set up current
and updated Citizen’s Charter to the:
 Checklist of Requirements for each type
of application or request indicate in
detail
 Person/s responsible for each step
 Amount of Fees
 Procedure to obtain a particular service
 Maximum time to complete the process
 Procedure for filing complaints
ACCESSING GOVERNMENT SERVICES
In order to provide an effective delivery of
government services, government- officers and
employees are expected to adopt and
implement the provisions of these Rules and
other rules that may be issued in the future
which aim to further improve the systems and
processes of government agencies. These
include accepting, processing, approving, or
denying of applications/requests.
STREAMLINED PROCEDURES FOR THE
ISSUANCE OF LOCAL BUSINESS LICENSES,
CLEARANCES, PERMITS OR AUTHORIZATIONS
 Unified Business Application Form
 Establishment of Business One Stop
Shop (BOSS)
 Automation of Business Permits and
Licenses (LGUS)
 Barangay Clearances and permits are
now issued at the city or municipality
ZERO CONTACT POLICY
No contact in any manner with any requesting
party concerning an application or request
except during submission of documents.
CREATION OF ANTI-RED TAPE AUTHORITY
Anti-Red Tape Authority document
 Implement and oversee national policy
on anti-red tape and ease of doing
business and implement reforms to
improve competitiveness ranking.
 Monitor compliance of agencies and
issue notices to erring and non-
compliant government employees and
officials.
 Initiate investigation motu propio, or
upon receipt of a complaint, or file
cases for violations.
 Review proposed major regulations of
government agencies, using submitted
regulatory impact assessments
CREATION OF EODB/ ART ADVISORY COUNCIL
It shall be a 7-person policy and advisory body,
composed of DTI Secretary (Chair), ARTA
Director General (Vice-Chair), DOF, DICT and
DILG Secretaries, and 2 representatives from
the private sector, as members.
PENALTIES
2 STRIKE policy for government officials and
employees found in violation of EODB/ EDGSA
 FIRST OFFENSE Administrative liability
with six (6) months suspension. Except for fixing
or collusion with fixers where the Revised Penal
Code shall apply
 SECOND OFFENSE: Administrative and
criminal liability
 Dismissal from the service
 Perpetual disqualification from holding
public office
 Forfeiture of retirement benefits
 Imprisonment of one (1) year to six (6)
years
 Fine of not less than Php500K but not
more than Php2M
 Any person who commits any act such
as but not limited to bribery, extortion or
malicious solicitation of favor shall be criminally
liable and shall be punished under the Revised
Penal Code and other special laws.
Jazine John T. Ambajan BSMA 3F
LABOR STANDARDS
Art. 1. Name of Decree. This Decree shall be
known as the "Labor Code of the Philippines".
Presidential Decree No. 442
 –otherwise known as the “Labor Code of the
Philippines.
Social legislation –  maintenance of a proper economic and social
include laws that provide particular kinds of
protection or benefits to society or segments
thereof in furtherance of social justice.
Labor Legislation –  justifiable, or extra-
consists of statutes, regulations
and jurisprudence governing the relations betw
een capital and labor, by providing for
employment standards and a legal
framework for negotiating, adjusting and
administering those standards and other
incidents of employment.
Classifications of Labor Legislation
Labor standards law – is that which sets out the
minimum terms, conditions and benefits of
employment that employers must provide or
comply with and to which employees are
entitled as a matter of legal right. As defined
more specifically by jurisprudence, “are the
minimum requirements prescribed by existing
laws, rules and regulations relating to wages,
hours of work, cost-of-living allowance, and
other monetary welfare benefits, including
occupational safety, and health standards.”
Labor relations law –  defines the status, rights
and duties, and the institutional mechanisms,
that govern the individual and collective
interactions of employers, employees or their
representatives.
Labor- is understood as physical toil although it
does not necessarily exclude the application of
skill, thus there is skilled and unskilled labor.
Distinction: Labor law and social legislation
Labor laws-directly affect employment
Social legislation-governs eff ects of
Employment. -are social legislati on-not
all SL are Labor Laws
Social Justice – is “neither communism, nor
despotism, nor atomism nor anarchy, but the
humanization of laws and the equalization of
social and economic forces by the State so
that justice in its rational and objectively secular
conception may at least be
approximated. Social justice means
the promotion of the welfare of all the people,
the adoption by the Government of measures
calculated to insure economic stability of all the
component elements of society, through the
equilibrium in the interrelations of the
members of the community, constitutionally,
through the adoption of measures legally
consti tuti onally, the exercise ofpowers u
nderlying theexistence of all governments on
the time-honored principle of
Social justice -their basis or foundation is the
police power
of the State.
Police Power – is the power of the government
to enact laws, within constitutional limits, to
promote the order, safety, health, morals and
general welfare of society. It is settled that state
legislatures may enact laws for the protection
of the safety and health of employees as an
exercise of police power.
Art. 2. Date of effectivity. This Code shall take
effect six (6) months after its promulgation
Declaration of basic policy. The State shall
afford protection to labor, promote full
employment, ensure equal work opportunities
regardless of sex, race or creed and regulate
the relations between workers and employers.
The State shall assure the rights of workers to
self-organization, collective bargaining,
security of tenure, and just and humane
conditions of work. The Basic Policy of the
Labor Code
(social economic goals)
1 . P r o t e c ti o n t o l a b o r ;
2.Promote full employment;
3.Ensure equal work opportuniti es regard
less of sex, race or creed, and
4 . R e g u l a t e t h e r e l a ti o n s b e t w e e n
w o r k e r s a n d employers
Both sectors (employees and employers) need
each other. They are interdependent –one is
inutile without the other. The basic policy is to
balance or to coordinate the rights and interests
of both workers and employers.
Jazine John T. Ambajan BSMA 3F
Rights of Workers Under Art. 3 of the Labor
Code
1 . S e l f - o r g a n i z a ti o n ;
2 . C o l l e c ti v e b a r g a i n i n g ;
3.Security of tenure; and;
4 . J u s t   a n d   h u m a n e c o n d i ti o n s o f
work  
e
Rights of all workers:
1. s e l f - o r g a n i z a ti o n ;
2. Collecti ve bargaining and
negoti ati ons;
3. peaceful concerted acti viti es,
including the right to strike in
accordance with law;
4. s e c u r i t y o f t e n u r e ;
5. humane conditions of work;
6. l i v i n g w a g e ;
7. parti cipate in policy and decision-
making processes affecting their rights
and benefit
BASIC PAY
Basic pay is the initial salary paid to an employee,
not including benefits, bonuses, or raises. It is the
rate of compensation an employee receives in
exchange for services. An employee's base pay
can be expressed as an hourly rate or as a weekly,
monthly, or annual salary.
 Normal Working Hours - 8 hours a day,
40 hours a week.
 Meal Break - 1 hour; 20 mins.
 Waiting Time - integral part of his work =
benefit of the employer
OVERTIME PAY
 "Overtime pay" means the additional
compensation for work performed beyond
eight (8)hours.
 Premium pay refers to the additional
compensation required by law for work
performed within eight (8) hours on non-
working days, such as rest days and regular
and special holidays
 Special day/special non-working holidays
 Regular holiday
 Rest day - at least 24 continuous hours
NIGHT SHIFT DIFFERENTIAL
Night shift differential refers to the additional
compensation for work performed from 10:00
O'clock in the evening to 6:00 O'clock in the
morning.
NSD = 1.1 or plus 10%
13TH MONTH PAY
The amount of 13th month pay shall at least be
1/12 of the total basic salary earned for the year
which shall include all earnings paid by his/her
employer for services rendered but does not
include allowances and other monetary benefits
such as the cash equivalent of unused vacation
and sick leave credits, overtime, premium, night
shift differential, holiday pay and COLA.
 Only rank-and-file employees, regardless
of their designation or employment
status and irrespective of the method by
which their wages are paid, are entitled
to the 13th month pay benefit.
 Employee must have worked for at least
one (1) month during a calendar year,
LEAVES
VACATION AND SICK LEAVE
 1 day vacation leave and 1-day sick leave for
every 24 days of actual service or a total of 15
days-vacation leave and 15 days sick leave
annually with full pay.
 Cumulative and any part thereof which may
not be taken within the calendar year may be
carried over to the succeeding years.
 If you have accumulated at least 15 days-
vacation leave credits, you may be allowed to
monetize a minimum of 10 days, subject to
the availability of funds. Monetization of 50%
or more of vacation/sick leave credits may be
allowed for valid and justifiable reasons.
SERVICE INCENTIVE LEAVE
Jazine John T. Ambajan BSMA 3F
 Every covered employee who has rendered at
least one (1) year of service is entitled to a
yearly service incentive leave of five (5) days
with pay.
 at least one year of service 12 months,
continuous or broken.
 Additional exclusions:
1. Those who are already enjoying the
benefit provided in the law;
2. Those enjoying vacation leave with pay of
at least five (5) days;
3. Those employed in establishments
regularly employing less than ten (10)
employees
 Commutable
MATERNITY LEAVE
 Maternity leave is the period of time which
may be availed of by a woman employee,
married or unmarried, to undergo and
recuperate from live childbirth, miscarriage
and emergency termination during which she
is permitted to retain her rights and benefits
flowing from her employment.
 Period
 105 days with pay - live birth, option to
extend additional 30 days without pay;
additional 15 days if a qualified solo
parent;
 60 days - miscarriage and emergency
termination
 Maximum of 2 consecutive contingencies, 1
benefit per mother.
 To be eligible:
 Must have at least 3 monthly contributions in
the twelve-month period immediately
preceding the semester of the contingency
 Notify employer of the pregnancy and
probable date of childbirth.
PATERNITY LEAVE
 "Paternity leave" covers a married male
employee allowing him not to report for work
for seven (7) calendar days but continues to
earn the compensation therefor, on the
condition that his spouse has delivered a child
or suffered miscarriage for purposes of
enabling him to effectively lend support to his
wife in her period of recovery and/or in the
nursing of the newly-born child.
 First four deliveries only
 Not convertible
PARENTAL LEAVE
 "Parental leave" is the leave benefit granted
to a male or female solo parent to enable
him/her to perform parental duties and
responsibilities where physical presence is
required.
 Not more than 7 working days
 At least 1 year of service
SOCIAL SECURITY LAW
Republic Act 1161 (as amended)
Purpose: to establish, develop, promote and
perfect a sound and viable tax-exempt social
security system –suitable to the needs of the
people throughout the Philippines –which shall
promote social justice and –provide meaningful
protection to members and their beneficiaries
against the hazards of  disability,  sickness, 
maternity,  old age,  death, and  other
contingencies resulting in loss of income or
financial burden.
Its purpose is to provide social security,
which means funds for the beneficiary, if the
employee dies, or for the employee himself and
his dependents if he is unable to perform the
task due to illness or disability.
Compulsory Members of SSS
a. All employees not over sixty (60) years of
age and their employers; compulsory
coverage of the employer shall take effect
on the first day of his operation and that
Jazine John T. Ambajan BSMA 3F
of the employee on the day of his
employment
b. Self-employed persons as may be
determined by the Commission under
such rules and regulations as it may
prescribe, Including, but limited to: all
self-employed professionals; partners and
single-proprietors of business; actors and
actresses, directors, scriptwriters and
news correspondents not employees;
professional athletes, coaches, trainers
and jockeys, and individual farmers and
fishermen: upon their registration with
the
c. Domestic helpers sixty years of age and
below with a monthly income of not less
than P1.000 on the date of their
employment
d. Individual farmers and fishermen under
SSS rules and regulations
Voluntary Members of SSS
a. Filipinos recruited by foreign-based
employers for employment abroad
b. Employee separated from employment to
maintain his right to full benefits
c. Self-employed who realizes no income for
a certain month
d. Spouses who devote full time to
managing household and family affairs
unless specifically mandatory covered
Effective Dates of Coverage
A: Section 10 of Ra 1161
Employer – on the first day of
operation
Employee – on the day of
his/her employment
Self-employed – upon
registration
PENSION, RETIREMENT AND OTHER BENEFITS
 Monthly Pension - shall be the highest of the
following amounts:
(1) Sum of the following:
 Php 300.00: plus
 20% of the average monthly salary
credit, plus
 2% of the average monthly salary
credit for each credited year of
service in of ten (10) years; or
(2) 40% of the average monthly salary credit;
or
(3) Php 1,000.00
 Maternity - A daily cash allowance granted to
a female member who is unable to work due
to childbirth or miscarriage.
 Sickness - A daily cash allowance paid for the
number of days a member is unable to work
due to sickness or injury.
 Permanent Disability - A cash benefit granted
- either as a monthly pension or a lump sum
amount - to a member who becomes
permanently disabled.
 Retirement - A cash benefit granted - either
as a monthly pension or a lumpsum amount -
to a member who can no longer work due to
old age.
 Death - A cash benefit granted - either as a
monthly pension or a lump sum amount - to
the beneficiaries of a deceased member.
 Funeral Benefits
o Funeral grant: Php 12.000.00 (in cash or
in kind)
o to help defray the cost of funeral
expenses upon the death of a member
CONTRIBUTIONS
 For Employed Members - If you are an
employee-member, your employer must
pay your contributions and member loans
monthly in accordance with the
prescribed schedule of payment which is
according to the 10th digit of the
Employer's ID Number. Late payments
will result to penalties and delays in the
processing of your benefits and loans. The
frequency of payment is on a monthly
basis for business and household
employers.
Jazine John T. Ambajan BSMA 3F

(assuming
 For Self-employed And Voluntary
Members - If you are a self-employed or a
voluntary member, the prescribed
schedule of payment is also being
followed, (depending on the 10th (last
digit) of the SE/VM SS number). However,
notification was
the frequency of contribution payments
for self-employed or a voluntary member
given
on time if
can be on a monthly or quarterly basis. A
quarter covers three (3) consecutive
calendar months ending on the last day of
March, June, September and December.
Any payment for one, two or all months required)
for a calendar quarter may be made.

– Provided,
Benefits under SSS
1. Sickness Benefits; Section 14
2. Maternity Benefits; Section 14-A.
3. Permanent Disability Benefits; Section 13-
A That such
allowance shall
4. Retirement Benefits; Section 12-B.
5. Death Benefits; Section 13.
6. Funeral Benefits; Section 13-B
7. Member loans; Section 26(e).
How long the benefit is payable? begin only
The after all sick
compensable leaves of
confinement absence with
shall begin on full pay to the
the credit of the
first day of employee
sickness
Jazine John T. Ambajan BSMA 3F
member shall
have been
exhausted.
 120 days
max. per year;
no carry over
 240 days
max. per
confinement
The compensable confinement shall begin on the
first day of sickness (assuming notification was
given on time if required) – Provided, That such
allowance shall begin only after all sick leaves
of absence with full pay to the credit of the
employee member shall have been exhausted.
 120 days max. per year; no carry
over 2
 40 days max. per confinement
Consequences of Employer due to Failure of
Reporting
Effect of Failure to Report; Section 24(a)
1. DAMAGES if the employee subject
to Compulsory coverage
2. Dies;
3. Becomes sick or disabled; or
4. Reaches the age of sixty (60)
Without the SSS having previously
received any report or written
communication about him from his
employer.
1. The said employer shall pay to the SSS
damages equivalent to the benefits to which
said employee member would have been
entitled had his name been reported on
time by the employer to the SSS In case of
pension benefits, damages shall be equivalent
to the accumulated pension due as of the date
of settlement of the claim or the five (5) years'
pension, whichever is higher, including
dependents' pension.
2. The employer shall also be liable for the
payment of the corresponding unremitted
contributions and penalties thereon.
3. Section 28(e) -- where the violation
consists in failure or refusal to register
employees xxx the penalty shall be a FINE
of not less than Five thousand pesos
(P5,000) nor more than Twenty thousand
pesos (P20,000) AND IMPRISONMENT for not
less than six (6) years and one (1) day nor more
than twelve (12) years.
Consequences of Employer due to failure of
Remittance
Employer shall be liable for:
1. Payment of the contributions.
2. Penalty of 3% per month from due date until
paid.
3. Fine and imprisonment under Section 28(e).
4. Estafa under Article 315 of the RPC.
Misappropriation is presumed if he deducts
but does not remit within 30 days. Section
28(h).
5. If employer fails to remit prior to date of
contingency, resulting in reduction of
benefits, employer shall be liable to pay the SSS
Jazine John T. Ambajan BSMA 3F

damages equivalent to the difference

between the amount of benefit which the
member should have received and the
amount payable based on the contributions
actually remitted.

 except that in case of

pension benefits, the
employer shall be liable to
pay the SSS damages
equivalent to the
accumulated pension due as
of the date of settlement of
the claim or the five (5)
years' pension, whichever is
higher, including
dependents' pension
 Failure or refusal of the
employer to pay or remit the
contributions herein prescribed
shall not prejudice the right of
the covered employee to the
benefits of the coverage