This document provides information on social security coverage for domestic workers under Philippine law. It discusses the legal background including the Batas Kasambahay law of 2013, which defines domestic workers and requires their employers to register them for coverage under the Social Security System, PhilHealth, and Pag-IBIG Fund. It outlines the registration process for both domestic workers and their employers, contribution payment procedures, reporting requirements, available benefits, and liabilities for non-compliance.
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I. Legal Background
Republic Act No. 10361 – Batas Kasambahay (2013)
Definition
Domestic work – work performed in or for household
Domestic worker or “kasambahay” – person engaged in
domestic work within employment relationship, such as:
Excludes: person who works only occasionally or
sporadically and not on an occupational basis
• General househelp • Nursemaid or “yaya”
• Cook • Gardener
• Laundry person
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I. Legal Background
Republic Act No. 10361 – Batas Kasambahay (2013)
Excludes:
children under foster care arrangement and are
provided access to education and given allowance
incidental to education like “baon”, transportation,
school projects and school activities
Employer – any person who engages and controls the
services of domestic worker and party to employment
contract
Household – the immediate members of the family or the
occupants of the house that are directly provided with
services
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I. Legal Background
Republic Act No. 10361 – Batas Kasambahay (2013)
Sec. 30 – Social and Other Benefits
Domestic worker who has rendered at least 1 month of service
shall be covered by SSS, Philhealth and Pag-ibig Fund and
entitled to all benefits provided by law
Contributions:
if wage is less than P5,000 - to be shouldered by the employer
If wage is P5,000 or more – to be proportionately shared by ER
and domestic worker
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I. Legal Background
Prior to Batas Kasambahay
Republic Act No. 7655 – An Act Amending Art. 143 of
the Labor Code (1993)
Increases minimum wage of househelpers
Requires SSS coverage for those who receive at least
P1,000/month
SSS issued Circular 21-V; includes drivers under term -
househelpers
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I. Legal Background
Prior to Batas Kasambahay
Republic Act No. 8282 – Social Security Act of 1997
Sec. 9 (Coverage) includes the proviso “Provided, That in
the case of domestic helpers, their monthly income shall not
be less than One thousand pesos (P1,000.00) a month:”
Sec. 10 (Effective date of coverage)
For ER – first day of operation
For EE – first day of employment for those employed
before RA 10361
- Within 30 days from employment under RA 10361
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II. Registration
As required under Batas Kasambahay
Sec. 9, Rule IV - IRR of RA 10361
For SSS, Pag-ibig Fund and PhilHealth to develop a unified
system of registration and enrollment
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II. Registration
For Domestic Worker – To Secure SS Number
• SSS Form E-1 (Personal Record)
• Requirements (not a pre-requisite)
- Birth/Baptismal Certificate, or
- Other Identification Documents
If not submitted – Temporary Membership Status
If submitted – Permanent Membership Status
Availment of Benefits and Loans – for those with
Permanent Status only
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II. Registration
For Household ER – To Secure a Household ER ID Number
• SSS Form R1 (Employer Registration)
- No documents required (e.g. valid ID)
- May be submitted thru an authorized representative
• SSS Form R1-A (Employment Report)
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III. Contributions
• Employer - if kasambahay receives less than P5,000/mo.
• Employer-Employee proportionate sharing - if the
kasambahay receives P5,000 & above
• Use SSS Form R-5
• Or if paid thru the Bank, Bank shall issue SBR
• Before the Batas Kasambahay, the ER and
the kasambahay proportionately share
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IV. When to Pay
- If deadline falls on a Saturday, Sunday or holiday, pay on the next
working day.
- Advance payments may be made, but said payments shall only be
credited to the records of the Domestic Worker as these fall due
- Payments made beyond the deadline are charged a Penalty of 3%
per month
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V. Where to Pay
• SSS Branches with Tellering Services
• Accredited collecting banks
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VI. Reporting
• SSS Form R-3 - Contribution Collection List
- submit quarterly, together with a copy of SSS Form R5
(machine validated or with Special Bank Receipt)
- may also be submitted simultaneously with advance
payments made, but contributions shall be posted to the
Domestic Worker’s account as these fall due
- may also be submitted monthly and electronically by
participating in the e-R3 (electronic R-3) Program
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VIII. Liabilities
Under SSS/EC
•3% penalty/month for delinquent contributions
•Damages if Kasambahay claims for benefit without having been
first reported to the SSS
•Penalty – Fine of P5,000 to P20,000
and/or imprisonment for 6 years & 1 day to 12 years
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VIII. Liabilities
Under Batas Kasambahay
•Penalty – Fine of P10,000 to P40,000 without prejudice to filing
of criminal or civil action
Contacts: For additional Information
Website: www.sss.gov.ph
Emai: paranaque@sss.gov.ph
Tel. Assistance: 9206446 to 55
Or visit SSS Paranaque Branch
8449 Dr. A. Santos Ave., Sucat Paranaque City
8250270/8250898