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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Coverage in the Social Security System (SSS) shall be compulsory upon all sea-based overseas Filipino workers (OFWs) as defined under Republic Act No. 8042, or the Migrant Workers and Overseas Filipinos Act of 1995, as amended by Republic Act No. 10022, provided that they are not over sixty (60) years of age. (Section 9-B, par. a, Republic Act No. 11199)
Republic Act No. 8042, or the Migrant Workers and Overseas Filipino Act of 1995, as amended, defines an overseas Filipino worker as “a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non-commercialized purposes or on an installation located offshore or on the high seas.” (Section 3, par. a, R.A. No. 8042, as amended by Section 2, R.A. No. 10022).
Under Republic Act No. 11199, or the Social Security Act of 2018, all sea-based and land-based OFWs shall have compulsory coverage.
The law says:
“Coverage in the SSS shall be compulsory upon all sea-based and land-based OFWs as defined under Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995. as amended by Republic Act No. 10022: Provided, that they are not over sixty (60) years of age.
All benefit provisions under this Act shall apply to all covered OFWs. The benefits include, among others, retirement, death, disability, funeral, sickness and maternity.” (Section 9-B, par. a, R.A. 11199)
The Social Security Act of 2018 likewise provides that land-based OFWs shall be considered as self-employed members.
The law says:
“Land-based OFWs are compulsory members of the SSS and considered in the same manner as self-employed persons under such rules and regulations that the Commission shall prescribe.” (Section 9-B, par. a, R.A. 11199)
As such, the Department of Foreign Affairs (DFA) and the Department of Labor and Employment (DOLE) and agencies involved in deploying OFWs for overseas employment are mandated to ensure that SSS contributions of deployed OFWs are paid through bilateral labor agreements and implementing administrative agreements.
In the case of Joint Ship Manning Group, Inc., et al. v. Social Security System (G.R. No. 247471, July 07, 2020), the Supreme Court acknowledged that social security protection afforded by law extends to all Filipino workers, whether local or overseas.
Jurisprudence says:
“R.A. No. 11199 was enacted, among others, to extend social security protection to Filipino workers, local or overseas, and their beneficiaries. Sec. 9-B(a) states that OFWs shall have compulsory coverage by the SSS.”
Read also: Remittance of Contributions for SSS
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