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Accountant posts contributions late

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1 Accountant posts contributions late on Thu Mar 03, 2016 8:38 am


Arresto Menor
Good day,

I would like to know if we can have a legal complaint against the accountant our company hires for our contributions. We don't have an in-house accountant so we have never seen the accountant who is responsible for updating our contributions. Since I have been with this company, my contributions have always been deducted each month, but when I check them online and when I call Pagibig, SSS, and Philhealth, my contributions always have lapses. I have asked our admin about it and she would always tell me that she would tell the accountant and she'd ask me to wait further. I did follow ups and finally, after two weeks, the accountant was able to update my contributions for Pagibig and SSS (but still lacks 3 months) last year. As for Philhealth, my account shows that the company did not pay any as I have no record since I started in this company in 2013. Today, we have the same issue. They would always tell us that they can give a certificate of contributions, but would always be days after we have requested for it, and I've always found it to be inconvenient as it is technically not my job to update but it is the accountant's. Right now, I am asking for updates again as my records appear to not have been moved since the time I asked for it last year. Can we do anything? It affects us much as we can't immediately apply for loans. One of my colleagues is giving birth soon but she isn't sure if she can use her Maternity Leave from SSS since her contributions aren't updated. It's like they only put 8 contributions but she's been with the company for years or so. They've told our boss already but it seems he isn't alarmed or anything.  He only says ask the accountant for it or for the certificate.

Thank you.

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2 Re: Accountant posts contributions late on Thu Mar 03, 2016 10:25 am


Reclusion Perpetua
Employers not paying SSS, Philhealth, PAGIBIG on time are subject to sanctions.

Establish the recorded facts first with the offices concerned. Go to SSS, PhilHealth and PAGIBIG to get your contributions update. SSS data are available online provided you are enrolled. You need to go to PAGIBIG and Philhealth offices to check your contributions. Make sure you have an ID with your membership number. It helps if you have the employer’s number too.

The government offices provide advice on what you do relevant to your case. Present your faces to your organization and the consequences. As there are sanctions for non remittance, you have to file your complaints separately with the government institutions if you decide to do so.

You are supported with these provisions which I quote from an article:
-On SSS, Section 28 of RA 8282 or the Social Security Law: (e) Whoever fails or refuses to comply with the provisions of this Act or with the rules and regulations promulgated by the[system], shall be punished by a fine of not less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00), or imprisonment for not less than six (6) years and one (1) day nor more than twelve (12) years or both, at the discretion of the court”
-On PhilHealth, Section 44, RA 7875 or the National Health Insurance Act of 1995, it can impose a penalty of fine not less than Five Hundred Pesos (P500.00) but not more than One Thousand Pesos (P1,000.00) multiplied by the total number of employees employed by them and imprisonment of not less than six (6) months but not more than one (1) year to employers who fail or refuse to deduct contributions from the employee’s compensation or to remit the same to the Corporation.
-On PAGIBIG, Section 25 of RA 9679 or the Home Development Mutual Fund Law of 2009, the employer who fails to remit contributions without lawful cause or with fraudulent intent may be penalized with imprisonment of not more than six (6) years and/or a fine of not less than but not more than twice the amount involved.

Late filing is also a cause for complaint.

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3 Re: Accountant posts contributions late on Wed Jun 22, 2016 8:06 am


Arresto Menor
Good morning,

We are still having the same problems in the company regarding late postings/filing of contributions. They are receiving complaints from their employees, and their solution now is not to deduct any contributions from our pay until the accountant they hire manages every problem. I don't think it's legal that they won't deduct us our contributions, and I think we'll have problems in our records if we fail to pay (e.g. SSS), but can the company really do this? One of our employees is applying for Maternity Leave but the company has still not given her anything yet. She'll give birth in more than 2 months. Please enlighten me here? I will also share the info you'll give to my colleagues. Thank you.

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