THE Social Security System (SSS) warned anew delinquent employers in Davao City who are not remitting their employee’s contributions and loans, citing that they will be facing legal consequences if they will not settle their obligations.
Greta Fe Quayle of SSS-Davao said on Monday, April 2, that they’ve intensified their campaign against delinquent employers here. She said there are about 30 to 40 percent of the 19,000 registered employers who are considered as delinquent for not remitting their employees contribution.
She said SSS usually files an average of 30 per month of cases before the court against erring employees.
Usually, some of the employers resolved their violations when there is already a warrant of arrest and a resolution from the court.
Quayle said one of the reasons why there are cases like this is for instance when the accountant or bookkeeper who is handling the SSS contribution of their employees did not remit it to the SSS without the employer’s knowledge.
“Hindi sila ang naga handle sa kanilang SSS so late na nakita nila na hindi binayad ng bookkeeper. Ang mangyayari, ang summon sa court, mga order sa SSS for legal action sometimes tinatago for fear [ng mga bookkeeper],” she said.
Quayle said under SSS Law, employers should remit the SSS contribution within 30 days after they deduct it from their employee’s salary; failing to remit is presumed to have been carted away.
The delinquent employer may face estafa and violation of Section 28(e) of Republic Act 8282 or the Social Security Act of 1997. Under Section 28(e) of the Penal Clause of RA 8282, failure or refusal of an employer to register their employees, or to deduct contributions from the employee’s compensation and remit the same to the SSS, corresponds to a penalty of fine from P5,000 to P20,000 and imprisonment from six years to 12 years.
Prior to filing of case, she further said once they establish that the employer is delinquent, first they issue a statement of account and they will be expecting a response from the employer within 10 days where they would be given time to contest the statement of account and a chance to defend themselves.
Should there be no response within the prescribed days, the SSS will issue a billing letter and supposed to be complied within 25 days. It will give the employers an opportunity to comply the billing letter either in full payment or installment.
After which, if employers will not responded, they will refer the case to their legal department and the legal department will give the concerned employer another 10 days to comply otherwise they will now file the case before the court. Within 10 days if there is still no word from the employer, that’s the time they will file the case.
Thus, they are calling on their SSS members to regularly check their SSS accounts and to report any irregularity so SSS could take immediate action by visiting in their office.