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SSS - Termination

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1 SSS - Termination on Wed Oct 19, 2011 10:53 pm


Arresto Menor
Hi Attty. !

Meron po kaming complicated case sa SSS regarding deliquency on payment contributions.
Gusto ko po sana humingi ng advice para once and for all matapos na po.
I hope hndi po kayo mahirapan sa details na isusulat ko dahil medyo complicated po.

Our company is a small manufacturing of dirty ice cream.
it was a family business run by my father and mother we do not have employees but we deal with sorbeteros who buys and sell the ice cream around our vicinity.
They get the raw materials for us and pay for it at the end of the day. all income from their sales goes to them, they just pay us for the puhunan of raw mats.

It all started in 1991, when a SSS representative visited our location and told us that we should register the sorbeteros with SSS.
During that time we have 11 sorbeteros. We have enrolled them with effectivity date of April 4, 1991.

During the whole year of 1991 we ask them to pay part of their contributions but they refuse due to the following reasons:

1. We do not have employer employee relationship.

- Hindi daw sila saklaw ng maliit na pagawaan dahil umaangkat lang sila ng ice cream mula sa amin.
- hindi naman sila tumatanggap ng sweldo mula sa amin kaya wala talaga kaming pagkukuhaan ng kanilang contributions.
- hindi sila permanente na sa amin lang umaangkat ng ice cream. Kumukuha din sila sa ibang pabrika.

2. The Business is not permanently in operation.

- Hindi parating bukas ang pagawaan lalo na sa panahon ng tag ulan -walang umaangkat na mga vendor kaya walang operasyon.

In short no premium payment were remitted to the account since effectivity date.

April 30, 1992 we submitted R-8 form - termination notification form - effective date is April 4, 1991. Our reason is cancellation of enrollment.

It was received by registration department May 4, 1992 and was acknowledge on May 20 1992 through a reply letter from registration deparment of SSS.

That was the last letter we receive.We have assumed that we do not have any liability on that account since in the first place the sorbeteros were not eligible to be a member under our company name because of the nature of our relationship and proper requirement on termination were received and filed. No more communication from SSS office until January of 1997.We have received a letter of outstanding deliquency pertaining to same account. so on Feb of 1997 we submitted an affidavit stating the reason why we did not pay for the said contributions and that we filed a termination letter received and acknowledge May of 1992. reasons stated in the affidavit was the same as no.1 and no.2 stated above.

This Affidavit was received at SSS office March of 1997.

We did not hear from SSS since then. Until April of 2011. SSS once again mailed us on the billing of the said account together with interest from duration of April 1991 until 2011.

Recently SSS account officer have showed us a report that there was a remitted payment last Sept 2010 credited to our account, which we never paid. The business have ceased operation year 1998. and we have never paid any premium contributions from the very beginning. the account officer asked us to write a certification that the reflected premium payment was not paid/remitted by us.

That was the last communication, when I ask the account officer on the resolution of this case she told me that it will be still under investigation. I would like to seek advice on what can we do to finally close the case? Did we missed submitting any requirements on termination? how can we have finality?

Atty your expertise and advice would be greatly appreciated.

thank you very much in advance.

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2 Re: SSS - Termination on Sat Oct 29, 2011 11:02 pm


i would try to get an opinion from the dole whether they should be considered employees.

while you may have made a payment, that can be considered an error based on a mistake of law.

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