IHR International Human

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The State affirms labor as a primary social economic force. It shall

protect the rights of workers and promote their welfare.

Article 2, Section 18 of the Constitution of the Republic of the Philippines

CONTEXT

THE JEEPENY DRIVERS AND THE SSS

Unique to the Filipino Experience is the Pinoy Jeepney. Jeepneys are the most popular

means ofpublic transportation in thePhilippines. They were originally made fromUSmilitaryjeeps left over fromWorld War II and are known for their flamboyant decoration

and crowded seating. They have become a ubiquitous symbol ofPhilippine culture.1

Behind the flamboyance of the Filipino Jeepney lies the lone driver who in long hours,

labours on this means of transportation delivering hundreds of passengers to their

destination. Most often than not, this driver is the bread winner of a family of six who

struggles to make ends meet and whose limited education leaves them little choice of a

bountiful livelihood. By average, a jeepney driver earns a daily income of xxx where half

of the gross income goes to the wealthy operator; a quarter to gasoline expenses and what

remains is for the daily expenses for the family. This leaves the family vulnerable to

sudden price increases on gas and other basic commodities. Moreover, the family lacks a

sense of financial security since they rely on no other source of income but which comes

from the physical strength of the father. Driving is nonetheless a stressful and risky job.

With little means, the drivers family faces a complex web of socio-economic challenges.

The State, compelled by the constitutions declaration that Social Justice shall be

promoted in all phases of national development2, acted on the need to establish an

effective social security mechanism for its people. The Social Security System (SSS) is

1www.wikipedia.org/wiki/jeepney2ARTICLE 2, SECTION 2 CONSTITUTION OF THE PHILIPPINES
http://en.wikipedia.org/wiki/Public_transportationhttp://en.wikipedia.org/wiki/Philippineshttp://en.wikipedia.org/wiki/US_militaryhttp://en.wikipedia.org/wiki/US_militaryhttp://en.wikipedia.org/wiki/Jeephttp://en.wikipedia.org/wiki/World_War_IIhttp://en.wikipedia.org/wiki/Philippine_culturehttp://en.wikipedia.org/wiki/Philippine_culturehttp://en.wikipedia.org/wiki/World_War_IIhttp://en.wikipedia.org/wiki/Jeephttp://en.wikipedia.org/wiki/US_militaryhttp://en.wikipedia.org/wiki/US_militaryhttp://en.wikipedia.org/wiki/Philippineshttp://en.wikipedia.org/wiki/Public_transportation


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an agency which is created to establish a social security protection to workers in the

private sector, wage earners as well as self-employed persons. It is implemented in

accordance with theRepublic Act 1161, better known as Social Security Act of 1954.3

Presently, as reported by the press, SSS admits that it still lacks informationdissemination on its services to jeepney drivers.

4In our locality, this is also a fact. The

Alliance of Progressive Labor5, in their general observation, is convinced that jeepney

drivers or their operators are not aware that they are covered by the SSS as provided for

by law and jurisprudence. Some reports even reveal that some operators deliberately

withheld contribution to save cost. This present state exposes needy families to

unnecessary financial risks that would affect not only their sources of income when

retirement comes but also the very future of their families.

Corollary to the rights of workers is also the right to social security. It is in this particular

right that this group seeks to examine and provide concrete actions to remedy the present

local challenges.

THE STORY OF MR. TERIO

Mr. Allan Nagac-Terio worked as a jeepney driver for Mr. Antonio Tatads fleet of

jeepneys for 3 years. The agreement between the operator and Mr. Terio was to deduct

SSS contribution from his gross salary. The operator was to deposit the contribution

directly to his SSS account. This is a common arrangement among business operators.

Last year, Mr. Terio updated his SSS account and discovered that the operator irregularly

performed his obligation of remitting the SSS contribution. The account report revealed

that the operator was not faithful in remitting the SSS contribution with a total of 14months of undelivered remittances. This story was revealed after the SSS Forum with the

3http://en.wikipilipinas.org/index.php?title=Social_Security_System4http://www.abs-cbnnews.com/video/nation/metro-manila/11/27/11/sss-admits-lack-info-drive-jeepney-drivers5APL is a nation-wide organization that stands for social unionism and the advancement of workers rights.
http://en.wikipilipinas.org/index.php?title=Social_Security_Systemhttp://en.wikipilipinas.org/index.php?title=Social_Security_Systemhttp://en.wikipilipinas.org/index.php?title=Social_Security_System


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Jeepney operators. The story of Mr. Terio is just one of the countless others whose right

to social security is prejudiced by their operators.

RIGHTS VIOLATED

PROVISIONS ON SOCIAL SECURITY

TheUniversal Declaration of Human Rights recognises the right to social security in in

articles 22, which states that:

"Everyone, as a member of society, has the right to social security and is entitledto realization, through national effort and international co-operation and in

accordance with the organization and resources of each State, of the economic,

social and cultural rights indispensable for his dignity and the free development ofhis personality."

And article 25, which enshrines theright to an adequate standard of living,stating that:

"(1) Everyone has the right to a standard of living adequate for the health and

well-being of himself and of his family, including food, clothing, housing andmedical care and necessary social services, and the right to security in the event of

unemployment, sickness, disability, widowhood, old age or other lack of

livelihood in circumstances beyond his control. (2) Motherhood and childhood are

entitled to special care and assistance. All children, whether born in or out ofwedlock, shall enjoy the same social protection."

Article 9 of theInternational Covenant on Economic, Social and Cultural

Rights (ICESCR) recognises "the right of everyone to social security, including social

insurance." The right to social security is furthermore recognised in Article 10, which

states that "special protection should be accorded to mothers during a reasonable period

before and after childbirth. During such period working mothers should be accorded paid

leave or leave with adequate social security benefits."[4]

State parties to the ICESCR have

the obligation to respect, protect and fulfil the right to social security. In the General

Comment no 19 (2007) On the Right to Social SecuritytheUN Committee on Economic,

Social and Cultural Rights clarified that the right to social security as enshrined in the

ICESCR encompasses:
http://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rightshttp://en.wikipedia.org/wiki/Right_to_an_adequate_standard_of_livinghttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/Right_to_social_security#cite_note-3http://en.wikipedia.org/wiki/Right_to_social_security#cite_note-3http://en.wikipedia.org/wiki/UN_Committee_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/UN_Committee_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/UN_Committee_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/UN_Committee_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/Right_to_social_security#cite_note-3http://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/Right_to_an_adequate_standard_of_livinghttp://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights


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"the right to access and maintain benefits, whether in cash or in kind, from (a)lack of work-related income caused by sickness, disability, maternity,

employment injury, unemployment, old age, or death of a family member; (b)

unaffordable access to health care; (c) insufficient family support, particularlychildren and adult dependents"

Social security is understood to encompass the following nine branches: adequate health

service, disability benefits, old age benefits, unemployment benefits, employment injury

insurance, family and child support, maternity benefits, disability protections, and

provisions for survivors and orphans. State parties to the ICESCR have the obligation to

fulfil the right to social security by adopting "the necessary measures, including the

implementation of a social security scheme". State parties must ensure that "the social

security system will be adequate, accessible for everyone and will cover social risks and

contingencies". State parties also have an obligation to facilitate the right to social

security by sufficiently "recognising this right within the national political and legal

systems, preferably by way of legislative implementation" and "adopting a national social

security strategy".6

CONSTITUTION

The State shall promote a just and dynamic social order that will ensure the prosperity

and independence of the nation and free the people from poverty through policies that

provide adequate social services, promote full employment, a rising standard of living,

and an improved quality of life for all.

Article 2, Section 8

The State shall promote social justice in all phases of national development


6Felice, William F. (2010).The global new deal: economic and social human rights in world politics.Rowman &

Littlefield. pp. 122123.ISBN9780742567276.
http://books.google.com/books?id=0NCwKDLQivEC&dq=right+to+social+security&source=gbs_navlinks_shttp://books.google.com/books?id=0NCwKDLQivEC&dq=right+to+social+security&source=gbs_navlinks_shttp://books.google.com/books?id=0NCwKDLQivEC&dq=right+to+social+security&source=gbs_navlinks_shttp://en.wikipedia.org/wiki/International_Standard_Book_Numberhttp://en.wikipedia.org/wiki/Special:BookSources/9780742567276http://en.wikipedia.org/wiki/Special:BookSources/9780742567276http://en.wikipedia.org/wiki/International_Standard_Book_Numberhttp://books.google.com/books?id=0NCwKDLQivEC&dq=right+to+social+security&source=gbs_navlinks_s


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The State affirms labor as a primary social economic force. It shall protect the rights of workers

and promote their welfare.


The State shall afford full protection to labor, local and overseas, organized and unorganized,and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and

negotiations, and peaceful concerted activities, including the right to strike in accordance with

law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.

They shall also participate in policy and decision-making processes affecting their rights andbenefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employersand the preferential use of voluntary modes in settling disputes, including conciliation, and shall

enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of

labor to its just share in the fruits of production and the right of enterprises to reasonable returns

to investments, and to expansion and growth.


LAW

RA 8282 AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY

SYSTEM THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161,

AS AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW

"SEC. 9. Coverage. - (a) Coverage in the SSS shall be compulsory upon all employees

not over sixty (60) years of age and their employers:Provided, That in the case ofdomestic helpers, their monthly income shall not be less than One thousand pesos

(P1,000.00) a month:Provided,further, That any benefit already earned by the

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 privateplans 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 than that required of him in this Act, he shall pay to the SSS onlythe 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

benefit plan and to the SSS shall be the same as his contribution to his private benefit


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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 reducedcontributions 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'smanagement and control unless there is an existing agreement to thecontrary: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 thoseProvidedunder this Act.

"SEC. 19.Employer's Contributions. - (a) Beginning as of the last day of the

month when an employee's compulsory coverage takes effect and every month

thereafter during his employment, his employer shall pay, with respect to such

covered employee, the employer's contribution in accordance with the schedule

indicated in Section Eighteen of this Act. Notwithstanding any contract to the

contrary, an employer shall not deduct, directly or indirectly, from thecompensation of his employees covered by the SSS or otherwise recover from

them the employer's contributions with respect to such employees.

"(b) The remittance of such contributions by the employer shall be supported by a

quarterly collection list to be submitted to the SSS at the end of each calendar

quarter indicating the correct ID number of the employer, the correct names and

the SSS numbers of the employees and the total contributions paid for their

account during the quarter.

"SEC. 19-A. Contributions of the Self-Employed Member. - The contributions tothe SSS of the self-employed member shall be determined in accordance with

Section Eighteen of this Act:Provided, That the monthly earnings declared by the

self-employed member at the time of his registration with the SSS shall be

considered as his monthly compensation and he shall pay both the employer and

the employee contributions:Provided,further, That the contributions of self-

employed persons earning One thousand pesos (P1,000.00) monthly or below may

be reduced by the Commission.

"The monthly earnings declared by the self-employed member at the time of his

registration shall remain the basis of his monthly salary credit, unless he makesanother declaration of his monthly earnings, in which case such latest declaration

becomes the new basis of his monthly salary credit.


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JURISPRUDENCE

"...The drivers did not invest a single centavo in the business and the respondent is the

exclusive owner of the jeeps. The management of the business is in the respondent's

hands. For even if the drivers of the jeeps take material possession of the jeeps, still therespondent as owner thereof and holder of a certificate of public convenience is entitled

to exercise, as he does and under the law he must, supervision over the drivers by seeing

to it that they follow the route prescribed by the Public Service Commission and rules

and regulations promulgates by its as regards their operation. X X X The only features

that would make the relationship of lessor and lessee between the respondent and the

drivers, x x x x are the fact that he does not pay them fixed wage but their compensation

is the excess of the total amount of fares earned or collected by them over and above the

amount x x x which they agreed to pay to the respondent, the owner of the jeeps, and the

fact that the gasoline burned by the jeeps is for the account of the drivers. These two

features are not, however, sufficient to withdraw the relationship between them from the

employer-employee, x x x. Not having any interest in the business because they did notinvest anything in the acquisition of the jeeps and did not participate in the management

thereof, their service as drivers of the jeeps being their only contribution o the business

the relationship of lessor and lessee cannot be sustained. In the lease of chattels the lessor

loses control over the chattel leased although the lessee cannot make sure thereof, for he

would be responsible for damages to the lessor should he do so. In this case, there is a

supervision and sort of control that owner of the jeeps exercise over the drivers.. It is an

attempt by ingenious scheme to withdraw the the relationship between the owner of the

laws enacted to promote industrial peace."( NATIONAL LABOR UNION vs.

DINGLASAN, L-7945, 23 March 1956.)

...It is already settled that the relationship between jeepney owners/operators and

jeepney drivers under the boundary system is that of employer-employee and not of a

lessor-lesse. The fact that the drivers do not receive fixed wages but only get the amount

in excess of so-called boundary that they pay to the owner/operator is not sufficient to

negate the relationship between them as employers and employee.(Primo E. Caong

Jr., et al. Vs. Avelino Regualos, G.R. No. 17948, January 26, 2011)

ADMINISTRATIVE

CIRCULAR NO. 79-T

TO: All Jeepney Operators and Driver

For the guidance of all concerned, the bases of coverage, premium contribution, and

allowable daily deduction or earnings of jeepney drivers are hereby published:


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I. BASIS OF COVERAGE -

The Supreme Court held that jeepney drivers are employees of jeepney operators in the

case of the NATIONAL LABOR UNION vs. DINGLASAN, L-7945, 23 March 1956.

The Court RULED:

"...The drivers did not invest a single centavo in the business and the respondent is the

exclusive owner of the jeeps. The management of the business is in the respondent's

hands. For even if the drivers of the jeeps take material possession of the jeeps, still the

respondent as owner thereof and holder of a certificate of public convenience is entitled

to exercise, as he does and under the law he must, supervision over the drivers by seeing

to it that they follow the route prescribed by the Public Service Commission and rules

and regulations promulgates by its as regards their operation. X X X The only features

that would make the relationship of lessor and lessee between the respondent and the

drivers, x x x x are the fact that he does not pay them fixed wage but their compensation

is the excess of the total amount of fares earned or collected by them over and above the

amount x x x which they agreed to pay to the respondent, the owner of the jeeps, and the

fact that the gasoline burned by the jeeps is for the account of the drivers. These two

features are not, however, sufficient to withdraw the relationship between them from the

employer-employee, x x x. Not having any interest in the business because they did not

invest anything in the acquisition of the jeeps and did not participate in the management

thereof, their service as drivers of the jeeps being their only contribution o the business

the relationship of lessor and lessee cannot be sustained. In the lease of chattels the lessor

loses control over the chattel leased although the lessee cannot make sure thereof, for he

would be responsible for damages to the lessor should he do so. In this case, there is a

supervision and sort of control that owner of the jeeps exercise over the drivers.. It is an

attempt by ingenious scheme to withdraw the the relationship between the owner of the

laws enacted to promote industrial peace."

As such employees, jeepney drivers are therefore covered under Sec. 10 of the Social

Security Law.

II. BASIS OF PREMIUM CONTRIBUTIONS

In the case of MALATE TAXICAB 7 GARAGE, INC. vs. THE CIR AND NIU (G.R

NO. 1-8718, PROM. MAY 11, 1956, 52 O.G No. 6, p. 3034), the Supreme Court said,

among other things, that in the absence of evidence to show the amount which a driver

earned, the minimum wage as authorized by law is to be adopted. (Also, SSC Res. No.1064, S '59).

Thus, If the earnings of a jeepney driver cannot be determined by records, then the basis

o the premium contribution to the SSS is the minimum wage as authorized by law.

Based on the present minimum wage law as interpreted by the Dept. of Labor (Bureau of

Labor Standards Wage and Hour Bulletin No. 1), the minimum monthly earnings of a

jeepney driver is either one of the following:


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(a) Php183.00 - for those working everyday including Sundays and legal holidays or

(b) Php157.00 - For those given a day off in a week.

III. DETERMINATION OF DAILY COLLECTION FROM THE DRIVER'SEARNINGS.

For purpose of the SSS, whether the driver's monthly earning is Php 183.00 or Php

157.00, his monthly salary credit is Php 175.00 (Sec. 18, SS Act). The total monthly

premium contribution is Php 10. 50. Of this amount, the driver will pay only Php. 4.30 as

his share, and the operator, Php 6.20.

However, if a monthly collection of the driver's share can not be made by the jeepney

operator, then the collection may be made daily. This daily collection will amount from

FOURTEEN OR SEVENTEEN CENTAVOS. (0.14 or Php 0.17), thus -

If the driver works for 30 days, the collection is

Php 0.15 per day - for the first 10 days or total of Php 1.50

Php 0.14 per day - for the next 20 days or total of Php 2.80

Monthly contribution Php 4.30

If the driver has one day off in a week, the collection is:

Php 0.17 per day - for the first 14 days or total of Php 2.38

Php 0.16 per day - for the next 12 days or total of Php 1.92

Monthly contribution Php 4.30

The amount of Php 4.30 (driver's share)and Php 6.20 (operator's share)or a total of Php

10.50 monthly, shall be remmitted to the Social Security System by the operator within

the first seven days of each calendar month following the month for wich they are

applicable.

April 3, 1970

SSS coverage for drivers, conductors mandatoryMONDAY, 16 AUGUST 2010 08:00

Due to the effectivity Circular Memorandum #2009-023 issued by the Land

Transportation Franchising and Regulatory Board ( LTFRB) on October, 2009 the

mandatory SSS coverage for drivers at conductors of public utility vehicles has been

duly implemented. This is in line with the Memorandum of Agreement signed by SSS
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and LTFRB led by President and CEO Romulo Neri and Commissioner Alberto

Suansing .

It can be recalled that SSS and LTFRB conducted an information campaign for the

coverage of drivers and conductors under SSS programs by virtue of SSS Circular No.79-T stating therein the legal basis of coverage of said members, the monthly

contributions and the amount to be deducted from a member based on the computation

table allowed by law.

According to the circular issued by LTFRB , all Public Land Transport Service

Operators are required to submit a Certificate of SSS Coverage of all their drivers and

conductors before being issued a permit to transport passengers.

A possible cancellation of the franchise will be the penalty should the operator fails tocomply with this decree within three consecutive years.

EXPERIENCEWho is the violator?

The violator in this case is the operator. Since there was a prior agreement on the method

of payment, the party obliged to give should comply it in good faith. The record showingthe failure to remit on the part of the operator for an unreasonably long period of time

gives an impression that he acted in bad faith. This act also prejudiced the jeepney driver

in his right to social security. RA 8282, Sec 28 provides:

"(h) Any employer who, after deducting the monthly contributions or loan

amortizations from his employee's compensation, fails to remit the said

deduction to the SSS within thirty (30) days from the date they became due,

shall be presumed to have misappropriated such contributions or loan

amortizations and shall suffer the penaltiesProvidedin Article Threehundred fifteen of the Revised Penal Code.


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REFLECTIONWhat factors contributed to the violation

In the teams evaluation, we came to the conclusion that there are2 main factors that

contribute the commission of the violation. Though Ignorance of the law excuses no one,

the lack of awareness on part of the operators regarding the SSS mandatory contributions

and as well as the drivers contributed to the violation. In our forum, SSS also admitted

that they had a hard time reaching the transportation sector in their educational missions.

It is clear in our understanding that though the law mandates such mandatory contribution

for business and their employees, the reality of an information gap has led to this

violation.

Secondly, economic considerations are also a major factor. Since our capitalist tradition

has always emphasized the maximization of profit, it has done so at the expense of the

workers and their dignity. This act is tainted in bad faith. The welfare of the driver is

reduced to a mere economic constraint. This insults the very spirit of social justice and

social security.

HOW DID THEY ADDRESS THE VIOLATION

The SSS forum the team organized for the drivers also accommodated complaints from

the participants. This became the venue where Mr. Terio conveyed his complaint to the

SSS Field Representative. The representative promptly instructed Mr. Terio to fill the

necessary information for the affidavit of complaint and bring any proof of employment

to the SSS Head Office.


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REMEDIES AVAILABLE

INTERNATIONAL LAW

Philippines is not a signatory of the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights hence a violation of the right to social security cannot be

forwarded to the Committee.

PHILIPPINE LAW

The SSS had established administrative procedure for the filing of the complaint for action. The

SSS requires to filing of an affidavit of complaint available in their branch offices accompanied

by any documents showing the existence of an employer-employee relationship. Once the

affidavit is field, the SSS field officers will conduct and investigation. Once probable cause is

established, they will then forward it to their legal department for appropriate legal action.

What is the effect of non-reporting and non-remittance of contributions?

To the Employee

The employee is still entitled to SS benefits even if the employer fails or refuses to remit

the SSS contributions.

To the Employer

An employer who does not report temporary or provisional employees is violating the SSlaw. The employer is liable to the employees and must:

1. pay the benefits of those who die, become disabled , get sick or reach retirement age;

2. pay all unpaid contributions plus a penalty of three percent per month; and

3. be held liable for a criminal offense punishable by fine and/or imprisonment.

Sec 22 of the RA 8282 also known asAN ACT FURTHER STRENGTHENING THE SOCIAL

SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO.

1161, AS AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAWprovides forthe following remedies in case of non remittance of the employer.


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"(b) The contributions payable under this Act in cases where an employer refuses or

neglects to pay the same shall be collected by the SSS in the same manner as taxes are

made collectible under the National Internal Revenue Code, as amended. Failure orrefusal 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.

"The right to institute the necessary action against the employer may be commenced

within twenty (20) years from the time the delinquency is known or the assessment is

made by the SSS, or from the time the benefit accrues, as the case may be.

"(c) Should any person, natural or juridical, default in any payment of contributions, the

Commission may also collect the same in either of the following ways:

"1. By an action in court, which shall hear and dispose of the case in preference to

any other civil action; or

"2. By issuing a warrant to the Sheriff of any province or city commanding him tolevy upon and sell any real and personal property of the debtor. The Sheriff's saleby virtue of said warrant shall be governed by the same procedure prescribed for

executions against property upon judgments by a court of record.

"(d) The last complete record of monthly contributions paid by the employer or the

average of the monthly contributions paid during the past three (3) years as of the date of

filing of the action for collection shall be presumed to be the monthly contributionspayable by and due from the employer to the SSS for each of the unpaid month, unless

contradicted and overcome by other evidence:Provided, That the SSS shall not be barred

from determining and collecting the true and correct contributions due the SSS even after

full payment pursuant to this paragraph, nor shall the employer be relieved of his liabilityunder Section Twenty-eight of this Act.

They remedies are seen as fair and reasonable. The failure in part of the operator to remit the

SSS contributions of his/her employees will give rise to civil and criminal liability. The only

question that we would like to rise is the duration of such judicial proceedings and its cost. It

should be clear that parties who had the courage to fight the injustice their employer caused but

who does not have the means to financially support judicial proceedings should be supported by

the SSS. Proper safe guards are also necessary for labourers whose life and property might be at

risk from the wrathful revenge of the employers who have the resources and influence to

intimidate and prevent them from proceeding further action. For a proactive response, it would

be practicable that the local SSS will initiate a taskforce to look in to the SSS coverage of the

transportation sector since it is admittedly one of the lowest in terms of coverage.


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ACTION

SSS Mini Forum

The Forum on Mandatory SSS Coverage

Our group is tasked to identify and properly address concerns on human rights in the

labor sector. We have chosen to focus specifically in the socio-economic rights of

jeepney drivers in Cagayan de Oro City. A particular issue is on the social benefits

afforded to the jeepney drivers by law which, through our initial assessment, some

drivers and their operators are not aware of. Thus, we decided to organize a brief forum

centering on the Mandatory Social Security System Coverage of these jeepney drivers so

they will be enlightened of this basic social right.

In coordination with Mr. Joel Gabatan, President of the Association for Progressive

Labor, we were able to secure the attendance of 25 participants from NUTP. The

NUTP has around 30 members in the city.

The Social Security System, through Atty. Josefina Fornilas, the Assistant Vice President

of its Northern Mindanao Division assisted us in finding our resource speaker, Ms. Ma.

Jeaneth Rosaluna, from the General Services Division.

The forum was held in the afternoon of January 19, 2012 in Bonbon, Cagayan de Oro

City. It was centered on the different types of benefits under the SSS Coverage, the

qualifying conditions under each type of benefit, the amount of benefits and the schedule

of contributions.

Under the SSS Coverage, the member is entitled to sickness, maternity, disability,

retirement, death and funeral benefits. Loans can also be granted to members. This

includes the basic cash loan. A cash loan can also be granted to an employed, currently-


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paying self-employed or voluntary member to meet the members short term credit needs.

The speaker encouraged the drivers including their wives, who were also present, to

register as a member as soon as possible. She stressed the existing policy of the State

which is to promote social justice and provide meaningful protection to members and

their families against the hazards of disability, sickness, maternity, old age, death and

other contingencies resulting in loss of income or financial burden.

The speaker also reiterated the Memorandum Circular No. 2009-023 of the Land

Transportation Franchising and Regulatory Board which covers the Mandatory SSS

Coverage of drivers, conductors and other personnel of public land transport service

operators. New service developments employed by the SSS were also introduced. By the

end of the forum various questions from the drivers were answered. These include

queries on the liabilities of operators in case of non-payment, qualifying conditions on

salary loans and requirements for SSS registration.

After the forum, leaflets on the summary of SSS benefits were given to the

participants. Snacks were served and a token and certificate of appreciation were

also given to the speaker.

Complaint Processing Assistance

Included in the SSS Forum with field representatives is the complaint processing

assistance. The participants of the forum were directly assisted by the field officers after

the formal lecture was concluded. The forms of assistance given were the filing of the

affidavit of complaint. We also made follow-up calls with SSS and update the

complainant on the status of their case.

Divisoria SSS Street Information Drive

To help bridge the information gap, the team also initiated a leaflet distribution campaign

to jeepney drivers on February 1, 2011 about the basic requirements and benefits of the


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Social Security System. The language of the content of the information sheet was in the

vernacular and simple illustrated pictures of the requirements necessary for the

processing of the membership was also included. Laws were also cited to give the reader

some legal support once they use such information to assert their right.


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Reflection:

After our various interviews with union leaders and members of transport groups,

I have come to realize that there are many human rights violations in the labor sector.

Contrary to my assumption that violations of workers rights primarily involve sa lary or

wage considerations, I was proved to be wrong for there are more issues than I thoughtthere would be. Aside from basic wage disputes between the employer and employees,

issues on union membership, working conditions, termination and employment benefits

are also being debated on.

Through our brief forum on the SSS Coverage, jeepney drivers were informed on

their right to various employee benefits by virtue of their SSS membership. The

monetary security and protection provided by employee benefits are essential to any

worker as he cannot prevent all kinds of hazards that may threaten his continued

employment such as sickness, disability and death. Without such financial security, the

worker and even his family may be deprived of their basic necessities andconsequently, of their economic rights. Retirement benefits are also very important

when persons will not be able to work anymore due to old age. The pension that they

will be receiving is necessary for their survival and subsistence by the time they will

become unfit to work. After the forum, I also began to be concerned of my own security

in the future.

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IHR International Human

Documents

Transcript of IHR International Human