Declaration of Policy.: Power and Duties
Declaration of Policy.: Power and Duties
and was amended under RA 8282 (Social Security Act) on May 1997.
SEC. 2. Declaration of Policy. - It is the policy of the Republic of the Philippines to
establish, develop, promote and perfect a sound and viable tax-exempt social
security service 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. Towards this
end, the State shall endeavor to extend social security protection to workers and
their beneficiaries.
POWER AND DUTIES
1. To adopt, amend and rescind, subject to the approval of the President of the
Philippines, such rules and regulations as may be necessary to carry out the
provisions and purposes of this Act;
2. To establish a provident fund for the members which will consist of voluntary
contributions of employers and/or employees, self-employed and voluntary
members and their earnings, for the payment of benefits to such members or
their beneficiaries, subject to such rules and regulations as it may
promulgate and approved by the President of the Philippines;
3. To maintain a provident fund which consists of contributions made by both
the SSS and its officials and employees and their earnings, for the payment
of benefits to such officials and employees or their heirs under such terms
and conditions as it may prescribe;
4. To approve restructuring proposals for the payment of due but unremitted
contributions and unpaid loan amortizations under such terms and conditions
as it may prescribe;
5. To authorize cooperatives registered with the cooperative development
authority or associations registered with the appropriate government agency
to act as collecting agents of the SSS with respect to their members:
Provided, That the SSS shall accredit the cooperative or association:
Provided, further, That the persons authorized to collect are bonded;
6. To compromise or release, in whole or in part, any interest, penalty or any
civil liability to SSS in connection with the investments authorized under
Section 26 hereof, under such terms and conditions as it may prescribe and
approved by the President of the Philippines; and
7. To approve, confirm, pass upon or review any and all actions of the SSS in the
proper and necessary exercise of its powers and duties hereinafter
enumerated.
Employer - Any person, natural or juridical, domestic or foreign, who carries on in
the Philippines any trade, business, industry, undertaking, or activity of any kind
and uses the services of another person who is under his orders as regards the
employment, except the Government and any of its political subdivisions, branches
or instrumentalities, including corporations owned or controlled by the Government:
Provided, That a self-employed person shall be both employee and employer at the
same time.
Employee - Any person who performs services for an employer in which either or
both mental or physical efforts are used and who receives compensation for such
services, where there is an employer-employee relationship: Provided, That a selfemployed person shall be both employee and employer at the same time.
Dependent The same
Employment - Any service performed by an employee for his employer except:
Employment purely casual and not for the purpose of occupation or business
of the employer;
Service performed on or in connection with an alien vessel by an employee if
he is employed when such vessel is outside the Philippines;
Service performed in the employ of the Philippine Government or
instrumentality or agency thereof;
Service performed in the employ of a foreign government or international
organization, or their wholly-owned instrumentality: Provided, exemption to
the exemption any person who enter into an agreement with the Philippine
Government for the inclusion of such employees in the SSS except those
already covered by their respective civil service retirement systems.
Such other services performed by temporary and other employees which may
be excluded by regulation of the Commission. Employees of bona fide
independent contractors shall not be deemed employees of the employer
engaging the service of said contractors.
SEC. 9. Coverage covered under the SSS?
a. Private employee
b. Household-helper
c. Filipino seafarer
d. Self-Employed Persons
e. Employers
f. An employee of a foreign government, international organization of
their
wholly-owned instrumentality based in the Phils., which entered Into an
administrative agreement with SSS for the coverage of its Filipino workers
g. The parent, spouse or child below 21 years old of the owner of a single
proprietorship business
Compulsory coverage for self employed
1. All self-employed professionals;
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 8 (d) of this
Act;
4. Professional athletes, coaches, trainers and jockeys; and
5. Individual farmers and fishermen.
Effectivity of coverage
- on the first day of his operation and that of the employee on the day of his
employment: Provided, That the compulsory coverage of the self-employed
person shall take effect upon his registration with the SSS.
profession or business operations register and report to the SSS his name, age, civil
status, and occupation, average monthly net income and his dependents.