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Need advise on SSS contribution and if company hasn't paid it for two months

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Arresto Menor
I know that it's just a short time. But in my case I have recently undergone surgery and since the sickness benefit can take up to two months to be approved, I am relying on my SSS loan to get by.

The problem is, I have filed all the necessary documents over to my employer and I still cannot see my contributions posted on my SSS page on their site. I kept calling them for two weeks and that's when they gave me a copy of SSS contribution, it was only paid until February 2016.

When I checked my partner's SSS page her contribution is up to date, so it was not a problem on the website of SSS rather the company's incompetence I guess. I went to SSS and they advised me to go to NLRC, is this a valid case or not?

Thanks in advance Very Happy

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Reclusion Perpetua
Just in case. How does your employer pay the SSS contributions? It is also probable through a bank which remits their payment to SSS in batches thus not reflecting posted remittances real time but in quarters.

If not, I suggest based on priorities, work out with SSS on how you can avail of the loan, then check with NLRC.

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Arresto Menor
I am not sure if they pay it in batches, but the documents they sent me shows that they are not paying it monthly. The last payment made was on January.

If it's via remittance, would it take them 6 months to get it. Last posted payment was on Sept. last year (based on my online SSS page).

Also, will SSS make an exception depending on the case? It's a long shot but I can try.

Note: I went to SSS just last week and they couldn't see any payment made after Sept. 2015 as well. My company is a call center here in the Philippines so I doubt they are using remittance for the payment. They even have an HR personnel that goes to SSS and handles this daily, don't know if they are doing their job properly though.

Thanks for the reply, will wait for additional insight that you can provide Smile

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Reclusion Perpetua
Be aware of following provisions for sanctions on the company’s failure to remit or deduct contributions.

Section 28 of RA 8282 or the Social Security Law states that “(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.

You may find this useful in the future in case of a court case.

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Arresto Menor
You're employer paid the SSS I think.. Paying is easy for SSS but requesting for payment to be posted it takes a long way depending on how many employee there are. In your case since it's not yet posted ask for these documents to be submitted to SSS for your sickness claim. It doesn't matter if you process the claim later since it's surgery so the validity is for 1 year to claim. You need these:

1. COE that you are an employee up to these with purpose for SSS Sickness claim. and the COE also specifies that your are paid in these month example:

SSS number Employee Name EE Share EE Share EC Share Total:

1234567890 Julia Montes 581.30 1,178.70 30.00 1790

then signed by HR benefits

2. Hospital records of admission and procedures done "Certified True Copy"
3. SSS print out of Actual premiums which was on you online account to check for date of coverage.
4. SSS ID of if non E6 stub + 2 Valid ID's
5. Make everything signed by authorized signatories
6. Ask for photocopy of L501 for you to process at SSS.

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Arresto Menor
Thanks for the fast responses. I appreciate it. I have already filed the necessary forms for the sickness benefit and they only require 3 months of contribution.

The main problem is the loan which needs 6 months. I asked them for a certificate of contribution for their payment to SSS and they only provided me 5 months worth. Ranging from Sept 2015 to January 2016. It's short 1 month for me to be eligible.

Though they have taken the February and March payments as well. It takes 2 months for the sickness benefits to be processed that's why I was banking on my salary loan to get money for us to get by. I have informed the company about it first week of March and they could only provide me with a Certificate of SSS contribution for the said duration.

I should be eligible for it since February and it is becoming quite a hassle already. So I guess the best way to take care of this is to go back to SSS and ask them if they can consider the loan even if it's a month short. If they can't I will go to NLRC to seek further advise from them.

Thanks guys for the support and it's greatly appreciated. Have a great day!!!

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