Sunday, 11 August 2013

Understanding the Kasambahay Law (Part 2)

This is a continuation of my previous post Understanding the Kasambahay Law (Part 1).

We went home to the husband's province last long weekend with our two kasambahay. They are from the same area and we let them go home once a month.

We asked them to gather their birth certificates, identification cards and whatever else they can use for their SSS, Philhealth and HDMF applications.

They both brought back birth certificates, one NSO authenticated and the other from the Civil Registrar.

Last Sunday, I gave them a printed copy of the Implementing Rules and Regulations (IRR) and QA from Department of Labor and Employment. They are both high school graduates (a good thing) and can read but I also plan to discuss the salient provisions of the Law with them this weekend.

I have printed SSS Registration Forms and asked them to fill it up. I realized only this morning that they need to imprint their thumbmarks on the form so I dropped by Office Warehouse to buy a stamp pad. It costs only P27.

While looking at the forms, it dawned on me that we should have asked them to bring birth certificates of their dependents and marriage certificate, too. Ayayay! We just have to make do with what we have and update the registration later.

Anyway, SSS says if the required supporting document/s is/are not available at the time of registration, SSS number shall still be issued. However, the SSS Form E-1 shall be stamped to indicate the non-submission of required documents, which means that:

- membership status of kasambahay is temporary

-the SSS no. can only be used for contribution payment and employee reporting

- submission of required documents is necessary for conversion to permanent membership status

- availment of benefits and loans are allowed only for permanent members, subject to qualifying conditions

On my part, I have filled up the SSS Form R1 and SSS Form L-501 Specimen Signature which I also asked the hubby to sign. Now what? Lol! Someone has to bring the documents to SSS.

Today, I got hold of the official guide on SSS registration and payment. Here are the instructions on Reporting of Employees:

The household employer shall fill out and submit the Employment Report Form R-1A together with the Specimen Signature Card Form L-501 at any SSS Branch or Service Office. No additional documents required.

However, if the Domestic Worker (Kasambahay) being reported for SSS coverage has not yet been issued an SSS Number, the accomplished SSS Form E-1 shall be simultaneously submitted with the SSS Form R-1A.

The basis of the effective date of coverage is the date of employment and the start of the Household Employer's obligation to remit the contributions for the Kasambahay.

In case the effective date of coverage is earlier than the date of registration, the household employer shall be required to submit a Statement of the Monthly Salaries received by the Kasambahay starting from the date of employment indicated in SSS Form R-1A. The said Statement shall be the basis of the monthly contributions that have accrued.

Based on same Statement, the SSS shall compute for the employer's liability and issue to the employer a Statement of Contributions and Penalties Due, which may be paid in cash or in installment. A Billing Letter shall be issued by the SSS to the employer for this purpose.

Penalty is equivalent to 3% per month on unpaid contributions.

(Source: Guide to SSS Registration and Payment for Household Employer and Domestic Worker, Under Batas Kasambahay including Family Driver, Under SSS Law)

Here are the required forms with links to the SSS website for download:
Personal Record Form E-1
Employer Registration Form R-1
Specimen Signature Card Form L-501
Employment Report Form R-1A

Hopefully, we'll get registered by tomorrow to stop the accrual of penalties.

My next post will be on the cost of the monthly contributions.

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