Training Workshop on Accounts Management for Branch AO
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Transcript of Training Workshop on Accounts Management for Branch AO
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May SSS na ako!
Buti na lang meron na
ako.
Kami rin!
Presented by:
ATTY. ALLAN JOSEPH B. ANDRADACorporate Executive Officer III
Branch Systems & Procedures Dept.
““KASAMBAHAY” PROGRAMKASAMBAHAY” PROGRAM
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I. Legal BackgroundI. 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 employer’s household, including services of family drivers.” (Art. 141)
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I. Legal BackgroundI. Legal Background
B. Republic Act No. 7655 – An Act Amending Art. 143 of the Labor Code (1993)
Increased the minimum wage of househelpers
Required the compulsory coverage of househelpers for those who receive at least P1,000/month under the SSS
SSS issued Circular No. 21-V; included “family drivers” under the term – “Househelpers”
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I. Legal BackgroundI. 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 operationFor EE – on the day of employment
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I. Legal BackgroundI. 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
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I. Legal BackgroundI. Legal BackgroundBatas Kasambahay
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 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”
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I. Legal BackgroundI. Legal BackgroundBatas Kasambahay
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 of consolidated SB No. 78 (2011) and HB No. 6144 (2012)
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I. Legal BackgroundI. Legal BackgroundBatas Kasambahay
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”
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I. Legal BackgroundI. Legal BackgroundBatas Kasambahay
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
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I. Legal BackgroundI. Legal BackgroundBatas Kasambahay
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 took into force and effect last 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 BackgroundI. 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 BackgroundI. Legal BackgroundExcludes:
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 BackgroundI. 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
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I. Legal BackgroundI. Legal BackgroundSec. 30 – Social and Other Benefits
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 employerIf wage is P5,000 and above per month – to be proportionately shared by ER and domestic worker
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 sister’s household.
General rule:
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II. RegistrationII. 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.”
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BRANCH SYSTEMS and PROCEDURES DEPARTMENT
MEMORANDUM
FOR : THE BRANCH HEADS/OICs
FROM : AUREA G. BAYDepartment Manager, BSPD
DATE : 29 November 2013RE : ADVISORY ON KASAMBAHAY UNIFIED REGISTRATION SYSTEM
In compliance with the requirements under the Implementing Rules and Regulations (IRR) of the Domestic Workers Act , the Kasambahay Unified Registration System shall be made available starting on Monday, December 2, 2013. The Instructions on the use of the Unified Registration System (URS), the required Forms and the Procedures shall be available in the Operations page in the Intranet, also by Monday.BACKGROUNDSection 9, Rule IV of the Implementing Rules and Regulations (IRR) of the “Domestic Workers Act” or “Batas Kasambahay” provides that the Pag-IBIG Fund, PhilHealth and SSS shall develop a unified registration and enrolment within six (6) months from the promulgation of the IRR. The said IRR was promulgated on 04 June 2013.UNIFIED REGISTRATION SYSTEM (URS)The URS facilitate a seamless transactional environment for registration of Household Employers and Kasambahays. The components of the URS are as follows: (a) Unified Registration Forms and (b) IT Systems and Web Service.HIGHLIGHTS OF PROCEDURES•HH-ER /Kasambahay submit registration form/s in any of the 3 agencies•Receiving Agency screen and encode data in the Registration User Interface System •Receiving Agency shall push the encoded data to the web service for automatic pick-up by the respective web service of the other 2 Agencies•The 2 other Agencies shall generate the ER/Membership Number of the HH-ER/Kasambahay, and the same shall be pushed back to the web service of the Receiving Agency•Receiving Agency will retrieve the automatically generated ER/Membership Numbers and then print the copy of the registration form, with the generated Pag-IBIG, PhilHealth and SSS ER/Membership Numbers reflected therein•The printed registration form shall be signed by the Registrant AUREA G. BAY
cc: The BOS Group/Division Heads
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SSS WEBSERVICE
PhilHealthWEBSERVICE
Pag-
IBIG
Web Serv
ice
RTN/MIDRTN/MID PINPIN
ER/SS NO.ER/SS NO.
Employer / Kasambahay submits the duly
accomplished Unified Forms with Supporting
Documents to ANY Branch/Service Office
of SSS, PhilHealth or Pa Pag-IBIG
Employer / Kasambahay submits the duly
accomplished Unified Forms with Supporting
Documents to ANY Branch/Service Office
of SSS, PhilHealth or Pa Pag-IBIG
StartStart
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KASAMBAHAY MODULE
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REGISTRATION PROCEDURESREGISTRATION PROCEDURES
If the If the Date of EmploymentDate of Employment of the Kasambahay is EARLIER EARLIER than the Date of RegistrationDate of Registration by the HH ER:
HH ER to submit a STATEMENT OF MONTHLY SALARIES STATEMENT OF MONTHLY SALARIES RECEIVED BY THE KASAMBAHAY RECEIVED BY THE KASAMBAHAY (Annex C Annex C of Advisory)
From the Date of EmploymentDate of Employment up to the Date of RegistrationDate of Registration
Basis of the monthly contributions that have accrued
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REGISTRATION PROCEDURESREGISTRATION PROCEDURES
ACCOUNTS MANAGEMENT SECTION (AMS)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 STATEMENT OF MONTHLY SALARIES RECEIVED BY THE KASAMBAHAY KASAMBAHAY
Issues the corresponding STATEMENT OF CONTRIBUTIONS AND STATEMENT OF CONTRIBUTIONS AND PENALTIES DUE PENALTIES DUE (Annex D Annex D of Advisory)
A BILLING LETTER BILLING LETTER (Annex E Annex E of Advisory) is issued to the HH ER
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Annex - CAnnex - C
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Annex - DAnnex - D
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Annex - EAnnex - E
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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 HR’s 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
● thru the Simple Correction Module at the MSS
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I.I. PAYMENT PROCEDURESPAYMENT PROCEDURESEMPLOYER CONTRIBUTIONS PAYMENT FORM (R-5)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. REPORTINGIV. REPORTINGCONTRIBUTION COLLECTION LIST (SSS Form R-3)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)
▪ Participation in the e-R3(electronic R-3) Program
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V. LIABILITIESV. 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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