in the Remittance of their Employees Social Security System Contributions
by REHOM P. PIMENTEL
A Practicum Paper (Organizational Analysis) submitted in Partial Fulfilment of the requirements for the Degree of Bachelor in Public Administration and Governance
to the College of Political Science and Public Administration Polytechnic University of the Philippines Sta. Mesa, Manila
April 4, 2014
CHAPTER I INTRODUCTION AND SOURCE OF BACKGROUND OF THE STUDY
A. Organization Profile Social Security System was created, as mandated by R.A. 8282 or the Social Security Act of 1997, to establish, develop, promote and perfect a sound and viable tax-exempt social security system suitable to the needs of the people throughout the Philippines which shall promote social justice and provide meaningful protection to members and their families against the hazards of disability, sickness, maternity, old age, death and other contingencies resulting in loss of income or financial burden. Toward this end, the State shall endeavor to extend social security protection to workers and their beneficiaries. It is tasked to implement meaningful programs so that all workers in the private sector, including those in the informal sector are covered and provided with the social protection that they deserve. The SSS envisioned a viable social security institution providing universal and equitable social protection through 2
world-class services. It also aims to institutionalize a corporate culture that instills the core values of trust, empowerment and teamwork. The SSS covers all the Private Sector Employee (whether permanent, temporary or provisional, who is not 60 years old; household helper; employee of foreign government or organization based in the Philippines which entered into an administrative agreement with SSS; public utility driver and operator; self- employed; farmer, fisherman or worker in the informal market; OFWs; non- working spouses of SSS members; and separated members. The corporation provides, once proven qualified, a daily cash allowance which is paid for the number of days a member is unable to work due to sickness or injury; a daily cash allowance granted to a female member who is unable to work due to childbirth or miscarriage; a cash benefit granted either as a monthly pension or a lump sum amount to a member who becomes permanently disabled, either partially or totally; a cash benefit granted either as a monthly or a lump sum amount to the beneficiaries of a deceased member; and a funeral grant is given to whoever paid for the burial expenses of the deceased member. Moreover, SSS also provides loan programs such as Salary Loan which is granted to an employed, currently paying, self-employed or voluntary member to meet the members short-term merit credit needs; financial assistance to enable SSS members and their dependents to defray enrolment costs for college, vocational, and technical courses; and lending programs established to provide funds thru SSS accredited participating financial institutions (PFIs), development of facilities and establishment of institutions that caters quality education or other 3
academic training program and affordable medical or health care related services to the general population and to SSS members and their dependents; support for business enterprises and industries for the purpose of increasing productivity and enhancing potential earnings through expansions, diversification and other business development projects, and assistance and empowerment of the micro, small and medium enterprises (MSMEs) in the country. B. Situation Analysis The Social Security System is expected only to operate at its profitable situation in twenty years from now, and until then, the corporation can no longer sustain and provides security. This notion was formulated due to the problems that corporation is trying to cope up with. One of factor that contributes to this problem is the delinquency of the members, specifically the employer, in remitting the contributions of their employees. There are so many cases wherein there are companies which are not remitting their contributions properly and regularly. Employees, who are victims of this non-remittance and compliance of their employer with regards to proper contributions, suffers at the end of the day for they (employees) expect that after the long years of hardworking, they would get enough benefits from SSS such as pension, but the problem is their employers are not paying their contributions. The delinquency of employers in paying the contributions of their employees is the main factor that leads to the notion of the SSS incapability of sustaining their operations and provide security. The SSS serves as a large 4
insurance company in the economy among the private entities, informal sectors, laborers, farmers, fishermen, household helpers and OWFs. Having this present status of SSS would affects the nation as a whole especially with regards to economic growth since it plays a vital role in the nation in providing services to the private sectors and informal sectors of the economy such as corporate loans, housing loans, educational loans, financial assistance and the like, to mention a few. C. Problem Statement This study aims to address the problem of the Social Security System with regards to the non-remittances of the employers of their employees SSS contributions, especially those agencies in line with manpower services such as security guards, construction workers and the like. Non-remittances of the employers usually happen in the outsourcing company or agency wherein these companies are reported by their employee for not remitting the percentage that is being deducted from the employees salary. This is usually happening in the employees who are engaged in the construction, security and janitorial services since these employees doesnt have further knowledge regarding on the membership of SSS. There are even employees of this services who doesnt claim anymore of the benefits they are entitled to because they are not aware that they are earning such benefits from the day they started to work in certain company or agency. Aside from that, the information regarding the SSS membership is not well disseminated to all the members. It only appears to most of the employees as a mere requirement for applying a job 5
in the private sector but not as an insurance or a social security that is being provided by the state. Apparently, it is the main reason also why they are vulnerable to the delinquency of the employers in paying their contributions. In this case, the unclaimed benefits and all the contributions of the members remain in the SSS and were use to allot to another operations such as to supporting orphanage. This problem could be detrimental on one side but could also be beneficial on the other side. But we have to be reminded that the sacrifices and efforts of the members in their years of hardworking to earn those benefits should not be set aside. In the first place, they worked for it and they are therefore entitled to those benefits. Perhaps, we just need these employers, employees, and all other members to pay their contributions properly in order to supports all the operations of the corporation. D. Stakeholders Analysis In addressing this problem, there must be coordination between the SSS and its members especially the employers. The SSS shall formulate a policy regarding on the delinquency of the employers or non-remittance of contributions of their respective employee. This policy shall be mandated to be observed by all the employers that took administrative agreement with the SSS for effective implementation and a penalty shall be given to those employers in violation of such. The members will be likewise given a proper orientation regarding SSS membership especially on the benefits or lending program they may be qualified to. 6
E. Goals and Objectives This paper, at the end of the day, aims, firstly, to let the employees especially those who are engaged in construction, janitorial and security services to be informed about the SSS and its program; secondly, to let the employers be responsible enough in promoting the social security of their employees by remitting their employees contribution with all fairness and justness; and lastly, to promote a quality social security service that is being provided by the SSS. F. Methodology The researcher conducted an inquiry to the SSS - OPSD and an interview with an employee in Operations Legal Department in order to know the main function of the corporation, relevance in the economy, performance, and the issues and problem that the corporation is currently facing. The inquiry was conducted on January 27, 2014 by means of a formal letter addressed to Ms. Helen Abolencia, the Officer-In-Charge in SSS - OPSD at Diliman, Quezon City, having the following information being requested to be disclosed for academic purposes: the SSS legal framework; organizational structure; function of the major offices; and the performance of the corporation. The researcher received those pertinent data after one week upon the approval the of the request letter. The interview was likewise conducted on January 27, 2014 having Sir Vernie Forteza, a legal Assistant 4 in the Operations Legal Department, as the 7
respondent. A form of survey questionnaire was given to the respondent having series of questions regarding on the operations and performance of the SSS.
8
CHAPTER II ALTERNATIVE COURSES OF ACTION
A. Alternative Courses of Action (ACA) In order to avoid the delinquency of the employers, especially those who are engaged in the construction, janitorial and security services, in remitting the contributions of their employees, the following courses of action are being proposed: ACA 1: SSS Resolution mandating all the employers and private companies to conduct an SSS membership orientation to all of their employees. This program shall be done quarterly in order to disseminate the information very well to all the employees regarding the SSS membership, its program and the benefits they could claim from it. There shall be a resource speaker coming from the SSS who shall give further knowledge and facilitate the information dissemination in a way that is appropriate to the level of thinking or analysis of the audience. The resource speaker shall also be responsible in 9
answering the questions that will be raised by the audience during and even after the orientation proper. A counter penalty shall be given to any employer or company that will not conduct such orientation and adheres to the policy set by the corporation. The penalty will be in the form of deprival of the privileges on certain program being offered by the SSS such as lending or loan program. The violating employer or company shall also be administratively liable for such offense. This may lead to suspension of officers of the employer or company or restraining the company itself to operate. ACA 2: A definite program of SSS conducting an SSS orientation caravan to all the big colleges and universities in the country. This program shall be regularly conducted every semester in partnership with the concern colleges and universities. This program shall be participated by all the graduating students or the seniors in order to give them prior knowledge even before being employed to certain private companies or whenever they planned to operate their own businesses. This shall be a memorandum of agreement between the SSS and the participating Colleges and Universities for the effective facilitation of this program. ACA 3: Integrated Orientation Program to all the applicants of SSS membership. This program will be implemented during the process of membership wherein the applicants will be given a proper orientation regarding the function of the SSS, the programs it offers, the benefits that the members could claim and the ways or steps on how the members could monitor or checks if their 10
contributions are being paid regularly by their employers and so with how should they file a petition against their employer. The orientation shall be made effective and efficient to the applicant so that proper information dissemination shall be done. All the applicants who undergo the said orientation will be given a certificate of attendance which will serve as a primary requirement in the issuance of the SSS number. There shall be also a basic written and oral examination in order to qualify the applicants of the privilege of being an SSS member. Failure of such examination would deprive them of having an SSS number. B. Analysis of the Courses of Action ACA 1 will mandate the employers and the company to be responsible enough in protecting the social security of their employees. This policy, on the other hand, is vulnerable to improper monitoring since there are so many companies and employers registered in the Securities and Exchange Commission. ACA 2 will be a preparation to all the graduating students and could help the future employees in the private sectors or future businessmen to be responsible enough and to be well informed about the SSS membership. On the contrary, this action could be selective and is not intended for the benefit of many since not all the SSS members are even College graduates such as those employed in the outsourcing agencies or companies like janitors, security guards 11
and construction workers. Another point, this policy could be hardly implemented well since we have so many colleges and universities in the country. ACA 3 would be effective since it will filter all the members and give them the knowledge about all the important information they have to learn from the SSS which will be given prior to the issuance of their SSS number. This would assure that the member would not be ignorant of the possible benefits they could claim from the SSS and making them safe from fraud that could be initiated by their employers. The burden of this policy is having an additional process and making it hard for the applicants to have an easy or immediate access to SSS membership. C. The Chosen Course of Action Among the three Alternative Courses of Action, ACA 3 is chosen by the researcher on the basis of applicability, efficiency and practicability. The said ACA will be implemented to all the SSS branches serving an SSS number. There shall be a specific function in the SSS organization that will serve for that purpose and a venue such as a room where the orientation will took place shall be likewise provided. The orientation shall be done in a group of applicants in order to maximize time and effort in both part of the applicants and SSS personnel. The orientation shall be made simple and friendly to the audience in order to facilitate the information dissemination properly. The orientation shall take two to three hours only to avoid too much consumption of time and for the SSS personnel to make use of the simplest approach. 12
D. Challenges and Solutions CHALLENGES SOLUTIONS Proper implementation Specific function shall be made for that purpose Longer processing of membership Simplest approach shall be used in the facilitation of the orientation Criticism regarding on being restrictive of the SSS Giving them enough knowledge on the importance of having further knowledge regarding SSS membership and demonstrating also the risks of being ignorant to such program.
13
CHAPTER III REFLECTIONS AND LESSONS LEARNED
A. Summary and Conclusion of the Central Knowledge Gained from the Study This study as a whole tackles the very important aspect of good governance which is the information dissemination. It emphasizes how the power of information could affect your life such as your social security and how ignorance could risk your own sake form the abusive and powerful sector of the economy. Meanwhile, the researcher also learned about the importance of SSS to ones life and the benefits that a member could avail of. As a whole, the researcher, as a student of Public Administration and Governance, learned not just to criticize the policies or programs of the government but rather to dig deeper and analyse it well before creating a scholastic criticism followed by counter policies or programs proposing an alternative courses of action that could be considered out of further studies that have been made. 14
REFERENCES
R.A. 8282 or the Social Security Act of 1997 SSS Annual Report 2012 SSS pamphlets published by Corporate Communications Department www.sss.gov.ph
Objective To gain an extra training and experience in the field of public service and apply my knowledge and learning from the discipline of Public Administration.
Qualifications Capable of communicating/writing effectively using English language Computer-literate performer Personnel Administration Leadership and decision making Policy making Service-oriented Basic Military Training
Personal Information Age: 19 years old Gender: Male Height: 56 Civil Status: Single Date of Birth: November 24, 1993 Place of Birth: Sablayan, Occidental Mindoro Language/Dialect: Tagalog, Ilocano, English Fathers Name: Dioscoro M. Pimentel Mothers Name: Elvie P. Pimentel
16
Education 2010 Present Polytechnic University of the Philippines Sta. Mesa, Manila Bachelor of Public Administration and Governance 2006 2010 Sablayan National Comprehensive High School Sablayan, Occidental Mindoro Special Science Class Third Honourable Mention Leadership Award Outstanding Student Award 2000 2006 Yapang Elementary School Sablayan, Occidental Mindoro Salutatorian
Trainings and Seminars 2012 Summer Debate Challenge Polytechnic University of the Philippines Sta. Mesa, Manila 2012 IMPEACHMENT: The Truth behind the Lies Communication Foundation for Asia Sta. Mesa, Manila 2012 The FOI: A step towards genuine Transparency and Accountability UP National College of Public Administration and Governance Diliman, Quezon City 2012 Philippine-China Territorial and Maritime Disputes GT Toyota Asian Culture Center Diliman, Quezon City 2012 VAT ganun? Bakit ako may Tax? A nationwide caravan on tax reform towards nation building Bulwagang Balagtas, PUP Manila 2012 Social Dialogue with Senator Trillanes Claro M. Recto Hall North Wing, PUP Manila 2013 The RUNDOWN 2013 A youth-oriented senate election forum GT Toyota Auditorium, UP Diliman 2013 National Paper Conference on Public Administration 17
Investing in Philippine Progress through Effective Public Administration Bulwagang Balagtas, PUP Manila 2013 Symposium: Head of the State Claro M. Recto Hall North Wing, PUP Manila 2013 Epal I-kick: Ousting the Trapos para Problemay Tapos Ninoy Aquino Library and Learning Resource Center (NALLRC) Bulwagang Balagtas, PUP Manila 2013 Reforms on Education Ninoy Aquino Library and Learning Resource Center (NALLRC) Bulwagang Balagtas, PUP Manila 2013 Voters Education Ninoy Aquino Library and Learning Resource Center (NALLRC) Bulwagang Balagtas, PUP Manila 2013 KABALANGAY 2013 A youth-oriented forum on politics in Sanguniang Kabataan Bulwagang Balagtas, PUP Manila 2013 PORK ANATOMY A meaty discourse dissecting Priority Development Assistance Fund PUP Theatre, College of Communication 2013 WALANG KU-CORRUPT A symposium on the Philippine Anti-Graft and Corrupt Practices Act Amaia Hotel, Sta. Mesa, Manila Work Experience 2013 National Bureau of Investigation (NBI), Personnel Division On the Job Training Taft Avenue, Manila
Affiliations 2012 Reserved Force, Philippine Army Private First Class (ML-R12-003082) Hqs 1304 th CDC, NCRRCDG, ARESCOM, 4 th Floor, City Hall, Manila 2013 Circle of Public Administration and Governance Student (CPAGS) Vice-President for Internal Affairs PUP, Manila
18
Character References Name: MR. ROLAND SISON Occupation: Supervisor Company: Maxs Restaurant Contact Number: +63.928.237.2130
Name: PROF. ANTONIUS C. UMALI Occupation: Chief, Center for Public Administration and Governance Company: Polytechnic University of the Philippines Contact Number: +63.917.754.0638
Name: MS. REMEDIOS DELA CRUZ Occupation: Administrative Officer Company: National Bureau of Investigation, Personnel Division Contact Number: +63.917.475.6372
I hereby certify that the above stated information is true and correct to the best of my knowledge and abilities.
REHOM P. PIMENTEL Applicants Signature
19
Appendix B: Letter Request January 27, 2014
MS. HELEN L. ABOLENCIA Officer-In-Charge, OPSD Social Security System, Diliman, Quezon City
Dear Maam:
Greetings of political excellence and good governance! I am a fourth year student of Bachelor in Public Administration and Governance of Polytechnic University of the Philippines Manila and a current student trainee in Social Security System Main Office under the Operations Legal Department In this regard, we are required in this course to submit an OJT report in partial requirement for the fulfilment of our Internship subject. The OJT report to be presented will constitute the following information from the SSS: a. the legal framework; b. the organizational structure; c. the function of the major offices; and d. the performance of the corporation. The following information are provided in the SSS website and library except the organizational structure and the function of the major offices which could only be accessed from your department. I am therefore submitting my formal request to allow me to get a copy of the said documents for academic purpose. I am hoping for your favourable consideration. Thank you!
Very truly yours,
REHOM P. PIMENTEL
Noted by:
DR. SANJAY P. CLAUDIO Dean, CPSPA
20
Appendix C: Survey Questionnaire Name of Interviewee: Vernie Forteza Position: Legal Assistant II Department: Operations Legal Department Interviewer: Rehom P. Pimentel 1. What is the contribution of the corporation to the national economy? SSS does not only provide security to all private employees and employer including those self employed but also provide services to other companies or businesses such as loans, capitals and shares. Having said that, SSS does really contribute to the stability of economy especially with regards to support to all private companies. 2. Is the objective of the corporation be realized in a scale of 10 with regards to performance? Yes. 10. As it is reflected in their annual report showing their excellent performance having an income of P36.2B as of 2012 which has 42% increased from P25.5B as of 2011. 3. Is the corporation subsidize by the national government or does it generates its own income? How much? Is it enough? If not, How does the corporation make ways in order to cover up the deficiency. No. The corporation is not subsidize because it has its own income generating programs and projects such as investment, loans and share holder of big companies such as San Miguel Corporations and the like. 4. Is this corporation earning? Yes. 5. Is the corporation getting external support like donations, etc? From what entities No. The SSS do not get external support. It is rather the SSS who give support to some NGOs, other agencies like DSWD. (Support to Yolanda Victims) 6. Do you think your corporation should be privatized? No, because once the corporation is privatized, there is no more assurance that it is already safe from bankruptcy. When the corporation was bankrupt, all employees, employers, self-employed will be directly affected; hence, there is no more security that can be provided by the corporation. 7. Do you agree that the government should retain only those agency or corporation performing well? Yes. 8. What is the agency supervising your performance? Governance Commission for GOCCs 9. What is your program, policy or plan in order to improve the performance of the corporation? Investment and incentives provided to all employees. 10. What are the issues and problems of the corporation? Non-remittance of contributions of the Agencies or employers especially those in line with manpower services such as security guards, construction workers, janitors, and the like.