Beruflich Dokumente
Kultur Dokumente
I.
SS ACT OF 1997
1. JURISDICTION;
DACION
EN
PAGO
IMPLEMENTATION (SSS V ATLANTIC GULF)
SSS VS ATLANTIC GULF
-atlantic filed a complaint for specific performance and
damages against SSS before RTC of Batangas City
-from the averment in the complaint, private respondents are
seeking to implement the deed of assignment which they had
drafted and submitted to SSS sometime in July 2001, pursuant
to SSSs letter addressed to AG&P dated 23 April 2001
approving AG&P and SEMIRARAs delinquencies through
dacion en pago, which as of 31 March 2001, amount to
P29,261,902.45.
When the deed of assignment was submitted sss did not sign it
because there was a conflict as to the amount of
delinquencies. Mao na adto sila sa court to compel sss to sign
the dacion en pago. Sss filed a motion to dismiss on the
ground lack of jurisdiction. Citing section 5, RTC dismissed.
-ca reversed RTC decision and held that the subject of
complaint(kuwang and slide)
ISSUE: which body has the jurisdiction to entertain the
controversy arising from the non-implementation of a dacion en
pago agreed upon by the parties as a means of settlement of
private respondents liabilities?
SC; from the allegations of respondents complaint, it readily
appears that there is no longer dispute with respect to
respondents accountability to SSS. Respondent, had in fact
admitted their delinquency and offered to settle them by way of
dacion en pago subsequently approved by the SSS in
Resolution no. 270s-2001.
Notice here that the law uses the word appeal. Appeal from
the decision of the commission. So whether it is by petition for
review, verified petition for review or a notice of appeal.
Independent contractors and principal do not have employeremployee relationship because the principal has no power to
control the means and tools in making the job done. The
principal is only concerned on the result. However, they can be
a member of SSS under the category of self- employed
depending on their wage earned.
BASIS OF COVERAGE The Supreme Court held that jeepney drivers are employees of
jeepney operators in the case of the NATIONAL LABOR
UNION vs. DINGLASAN, L-7945, 23 March 1956. The Court
RULED:
"...The drivers did not invest a single centavo in the business
and the respondent is the exclusive owner of the jeeps. The
management of the business is in the respondent's hands. For
even if the drivers of the jeeps take material possession of the
jeeps, still the respondent as owner thereof and holder of a
certificate of public convenience is entitled to exercise, as he
does and under the law he must, supervision over the drivers
by seeing to it that they follow the route prescribed by the
Public Service Commission and rules and regulations
promulgates by its as regards their operation. X X X The only
features that would make the relationship of lessor and lessee
between the respondent and the drivers, x x x x are the fact
that he does not pay them fixed wage but their compensation is
the excess of the total amount of fares earned or collected by
them over and above the amount x x x which they agreed to
pay to the respondent, the owner of the jeeps, and the fact that
the gasoline burned by the jeeps is for the account of the
drivers. These two features are not, however, sufficient to
withdraw the relationship between them from the employeremployee, x x x. Not having any interest in the business
because they did not invest anything in the acquisition of the
jeeps and did not participate in the management thereof, their
service as drivers of the jeeps being their only contribution o
the business the relationship of lessor and lessee cannot be
sustained. In the lease of chattels the lessor loses control over
the chattel leased although the lessee cannot make sure
thereof, for he would be responsible for damages to the lessor
should he do so. In this case, there is a supervision and sort of
control that owner of the jeeps exercise over the drivers.. It is
an attempt by ingenious scheme to withdraw the the
relationship between the owner of the laws enacted to promote
industrial peace."
As such employees, jeepney drivers are therefore covered
under Sec. 10 of the Social Security Law.
5. LABOR-ONLY CONTRACTING
Ans: You can avail the benefits and be a member under SSS
law if there exists an employer-employee relationship. In labor
only contractor, there could exist an employer-employee
relationship between the contractor-employee and the
principal. The principal is bound to register the contractor
employee under the SSS law, and pay its contribution. The
principal has power of control to the contractor employees and
not the labor only contractor because the latter is only an agent
of the principal.
of number (1).
The work of the mechanic is purely casual because it is not
part of the business in the operation of the lumber business.
BAR:
I think it was a warehouse or building selling
merchandise. naguba ang atop because of the storm and the
carpenter is hired to fix the roof.
Q: whether the carpenter should be compulsorily covered?
Answer is # 1. It was purely casual employment and
the services performed by the carpenter are not for the
purpose of occupation for business of the employer.
But there can be a lot of arguments here. What is
purely casual, that is not also defined under SS law.
Agricultural laborer- the finding is also based on the presence
of the elements of employer employee relationship.
7. DEFINITION OF EMPLOYER
Coverage of Employers
a.
An employer, or any person who uses the services of
another person in business, trade, industry or any undertaking.
b.
A social, civil, professional, charitable and other nonprofit organization which hire the services of employees are
considered employers.
c.
A foreign government, international organization or its
wholly-owned instrumentality such as embassy in the
Philippines, may enter into an administrative agreement with
the SSS for the coverage of its Filipino employees
Requirements:
1.
He is unable to work due to sickness or injury and
confined either in a hospital or at home for at least 4 days;
2. He has paid at least 3 months of contributions within the 12month period immediately before the semester of
sickness/injury
In computing, exclude the semester of sickness. A semester
refers to two consecutive quarters ending in the quarter of
sickness. A quarter refers to three consecutive months ending
March, June, September or December.
3. He has used up all company sick leaves with pay; and
Why? Because if there is a company paying, so why will the
system pay you? Supposedly, it is the fact that you will not
receive anything from the company due to your inability to work
where the system will compensate.
4. He has notified the employer or SSS, if separated, voluntary
or self-employed.
BENEFITS
1.
2.
3.
14. COMPULSORY
EFFECTIVE
COVERAGE;
WHEN
II.
1.
JURISDICTION
2.
3.
WHO IS A DEPENDENT LEGITIMATE
CHILD?
4.
NEW
BENEFITS;
PRIMARY
BENEFICIARIES IN CASE OF SURVIVORSHIP
Beneficiaries under GSIS:
1. When a member or pensioner dies, the primary beneficiaries
(surviving legal spouse and dependent children) or secondary
beneficiaries, as the case may be, shall be entitled to the
applicable survivorship benefits.
2. The primary beneficiaries[1] shall be the following:
a. The legitimate spouse, until s/he re-marries, or cohabits/engages in common-law relationship; and
b. The dependent legitimate, legally adopted or legitimated
children, including illegitimate children, who have not reached
the age of majority, or, have reached the age of majority but
incapacitated and incapable of self-support due to a mental or
physical defect acquired prior to age of majority.
3. The secondary beneficiaries shall be the dependent parents
and, subject to the restrictions on dependent children, the
legitimate descendants[2].
The secondary beneficiaries shall only be entitled to
survivorship benefits if there are no primary beneficiaries.
Meaning of dependent?
Dependent means one who derives his or her main support
from another, meaning, relying, or subject to, someone else for
support; not able to exist or sustain oneself, or to perform
anything without the will, power, or aid of someone else. (A.M
No. 100119 Ret. February 22, 2001 [ RE: APPLICATION
FOR SUVIVORS BENEFITS OF MS. MAYLENNE G.
MANLAVI, DAUGHTER OF THE LATE ERNESTO R.
MANLAVI])
A.M No. 100119 Ret. February 22, 2001 [ RE: APPLICATION
FOR SUVIVORS BENEFITS OF MS. MAYLENNE G.
MANLAVI, DAUGHTER OF THE LATE ERNESTO R.
MANLAVI)
5.
6.
COA DISALLOWANCES
7. PRESCRIPTIVE PERIOD
"SECTION 28. Prescription. Claims for benefits under this
Act except for life and retirement shall prescribe after four (4)
years from the date of contingency.
When the pensioner dies within the 5-year period after
receiving the five-year lump sum, the survivorship pension
shall be paid only after the end of the said five-year period.
However, filing of claim for survivorship benefit should be done
before the end of the 4-year prescription period
8. GSIS V NLRC
MONEY CLAIMS
SECURITY
GUARDS
PORTABILITY LAW
1. WHEN APPLICABLE? WHEN IS TOTALIZATION
RESORTED TO?
With the help of RA 7699, otherwise known as the Portability
Law, government retirees who do not meet the required
number of years provided under PD 1146 and RA 8291 can
still avail of retirement and other benefits.
Under the scheme, you may combine your years of service in
the private sector represented by your contributions to the
Social Security System (SSS) with your government service
VI.
EMPLOYEES COMPENSATION