refresher course on frontline servicing

73
REGISTRATION AND COVERAGE A presentation by: ATTY. ALLAN JOSEPH B. ANDRADA Refresher Course for Frontline Servicing

Upload: study-guide

Post on 28-Jul-2015

29 views

Category:

Government & Nonprofit


0 download

TRANSCRIPT

REGISTRATION AND

COVERAGE

A presentation by:ATTY. ALLAN JOSEPH B. ANDRADA

Refresher Course for Frontline Servicing

Milestones of Coverage

Employee/Employer

Self-Employed

Farmer/Fisherman

Househelper

Overseas Fil. Worker

Non-Working Spouse

Informal Sector

Sep 1957

Jan 1980

Jan 1992

Sep 1993

Jun 1995

Sep 1995

Oct 1995

Types of Coverage

Types of Coverage

Compulsory Coverage - Employer/Household employers

- Employee/House helper- Self-employed

Voluntary Coverage - OFW - Non-working spouse

- Separated member

Employer

Any person, natural or juridical, domestic or foreign, who carries on in the Philippines, any trade, business, industry or activity of any kind and uses the

services of another person who is under his orders as regards the employment, except the government and its instrumentalities.

(Sec. 8-c)

Coverage of foreign gov’t/ international entities

Voluntary only. The foreign entities or international organizations

have the option to enter into an Administrative Agreement (AA) with SSS. Once

the AA is approved, the coverage of the employee/s becomes compulsory.

Reference: Section 8 (j)of RA 8282.

Coverable Employers

- Cooperatives- Manpower agency cooperative- People’s organizations- Religious entities- Charitable institutions- Scientific organizations- Literary groups- Educational organizations- Social and civic entities

Employee

Employee

Any person who:

- performs services for an employer in which either or both mental and physical efforts are used;

- receives compensation for such services; and

- there is an employer-employee relationship. (Sec. 8-d)

What are the elements of an ER/EE relationship?

- ER has the right to hire and fire;

- payment of wages; and

- with control and supervision.

Employee

Who are coverable?

not over 60 years of age (if initial coverage); and

regardless of:

- citizenship, except for countries w/

bilateral agreement;

- duration of employment; and

- status of employment.

Employee

Coverable employees Officer of a corporation who performs services for which he receives compensation other than attendance from board meetings

Irrespective of sect or religion, ministers, choir directors, pianist, janitors of churches and other similarly situated, if receiving wages

Coverable employees

Piece rate workers Barbers and beauticians Night club performers Jeepney drivers with operators as

ERs

Sales agents paid on commission

basis, if the ER has control/ supervision over the work

Resident physicians in private hospitals

Coverable employees

Gov’t employees with part-time private employment

Expatriates employed by covered ERs irrespective of whether the salaries are from abroad

House helper

House helper A person who renders domestic service exclusively

for the convenience of the family of the household employer.

References: RA No. 7655 Section 9 of RA 8282 Office Order Nos. 82-V & 242-P

Who are disqualified to be reported as house helpers?

Grandparents

Parents

Children

Grandchildren

Including in-laws.

House helper

Coverage of siblings as HH is subject to verification/investigation.

Latest developments:

- SSC Case # 11-18184-07

HR is the brother-in-law.

- SSC Case # 11-19055-09

HR is a married sister.

House helper

SSC Case # 11-18184-07 HR is the

brother-in-law. Arguments:

- Sister or brother may definitely be employed

by a married sister or brother belonging to

different households, or by a brother-in-law.

- Petitioner does not receive support from his

brother-in-law.

- It was proven beyond doubt that the actual

domestic employment exists.

House helper

SSC Case # SSC Case # 11-19055-09

HR is a married sister.Arguments:

- “Household” is defined as “those who dwell

under the same roof and constitute as family;

belonging to the same house and family”.

- “Family” generally refers to parents and

children.

- It cannot be said that petitioner is a member of

her sister’s household.

House helper

House helper

General rule:

For each case, existence of ER/EE relationship should be scrutinized based on evidence presented.

Coverage of staff hired by consuls

Coverable as HH, not as OFW.

… in view of the principle that embassies/ consulate offices are extension of the Philippine territory.

Office Order No. 2013-005 - New/first-time HRs

- shall register thru R-1 and R-1A

- use 0841 as Code

- Existing HRs will continue to use SS number

No supporting document required

House helper

Latest development:

- Existing HRs were automatically

assigned ER#s based on the HR

Payment File

- Without address and # of EEs

- Branch ownership is based on the SS# prefix

- Displayed in WINS

- Will eventually be linked with payments

made using SS number

House helper

Advisory from BSPD dated 3/11/2013:

- All existing HRs have been automatically

assigned ER Number

- Available in the EE Static File

- HRs registering as Single Props must

be issued another ER Number

- Must use trade name

House helper

Proposed procedures:

- The HR will submit R-1 and will use

the system-assigned ER#

- Forward R-1 to CPD for encoding of address

and # of EEs

- Upon encoding of address and Postal Code,

Branch ownership will be updated

House helper

Exemptions from Coverage

Exemptions – Section 8(j)

Casual employment

Service in the employ of the government Service in foreign government international organizations, except if with administrative agreement

EEs of bonafide contractors are not deemed EEs of the ER engaging the service of the said contractors.

Exemptions – Section 8(j)

Such other services that may be excluded by the SSC.

Single proprietor as EE of his/her own business

Policies on the Coverage of Employer and Employee

Policies on Employer/Employee Coverage

September 1, 1957 to July 1958

> With at least 50 employees

> Employers have been in operation

for at least 2 years, and

> Employees have been employed for

at least 6 months

Policies on Employer/Employee Coverage

August 1958 to June 17, 1960

> Employers have been in operation for 2 years

> With at least 6 employees; and

> Employees have been employed for 6 months

June 18, 1960

> Employers with at least 1 EE

> Employees to be covered on the 1st day

of employment

Self-employed Coverage

Self-employed

Who are the self-employed persons? - No employer other than himself; and - Derives income from his physical and mental efforts. (Sec. 8-s)

Self-employed Includes but not limited to: - partners and single proprietors of businesses - actors, actresses, directors, scriptwriters and news - correspondents - professional athletes, coaches, trainers, jockey - self-employed professional - farmers and fisherfolks - informal sector workers Highlights/requirements: - not over 60 years of age (if initial coverage); - regardless of trade, business or occupation; and - with a monthly income of at least P1,000.

Overseas Filipino Workers

Filipino recruited by a foreign-based ER for employment abroad; or

One who has a source of income in a foreign country; or

A permanent resident of a foreign country. Requirements/highlights: -Not over 60 years of age (if initial coverage).

-Minimum MSC is at P5,000.00.

-If with existing SS number, need not register

thru SS Form OW-1.

Overseas Filipino Workers

Non-Working Spouse

Legally married to a currently employed or self-employed member; and

Devotes full time in the management of the household and family affairs.

Requirements/highlight: - not over 60 years of age. - never been a member of the SSS. - without posted contributions. - with consent of the working spouse. - must register through SS Form NW-1. - contribution will be based on 50% of the working spouse’s last posted MSC but in no case should it be lower than P1,000.

Non-Working Spouse

Requirements for working spouse:

- currently-paying employer or SE member;

- with posted contributions for the last 6 months; and

- MSC is at least 2000

Non-Working Spouse

“Not Over 60 Years”

“Not over 60 years of age”

1957 - 8/3/60 - Up to 60th bday

08/4/60 to 08/15/62 - Eve of 61st bday

08/16/62 to 12/79 - Up to 60th bday

01/01/80 to 06/2002 - Eve of 61st bday

07/2002 to present - Up to 60th bday

Forms and Document Appreciation

Forms (Employers)• Registration/Reporting

-Employer Registration (R-1) -Employment Report (R-1A) - ERs are given 30 days w/in which to report newly/re-hired employees!!!! • Data/Status Change - Employer Data Change (R-8) - Change in business name/address/legal personality/ownership - Suspension/termination of operation/merger

Forms (Members)

-Employee/HH-Self-Employed-OFW -Non-working Spouse

• E-1• RS-1• OW-1 • NW-1

• Registration

• Data Change • E- 4- Correction of name/date of birth- Change of civil status- Dependents

DOCUMENTAPPRECIATION

INDIVIDUAL TRANSACTIONS

Supporting Documents (SS number Issuance – Office Order #216-P)

All supporting documents mustcontain the name & date of

birth of the registrant Primary documents

birth certificate

baptismal certificate

passport

driver's license

PRC card

seaman's book

SS Forms E-1/RS-1/OW-1/NW-1

Supporting Documents SS number issuance – Office Order #216-P)

marriage contractmembership card from private companiesNBI clearanceOWWA cardPag-ibig member's data formpermit to carry firearmsPHIC member's data formpolice clearancepostal ID cardschool IDseafarer's registration certificate from

POEAsenior citizen cardtemporary license and student permit

issued by LTOtranscript of recordsvoter's ID card/affidavit

alien certificate of registrationATM card w/ cardholder's nameATM card w/ certification from bank,

if w/o name bank account passbookbirth/baptismal certificate of childrencertificate from MARINA certificate of naturalizationcompany IDblue card issued to company repscredit card fisherman's card from BFAR GSIS cardhealth or medical cardID card issued by LGUsID card issued by PRC-accredited assn life insurance policy

• Secondary documents:

Birth Certificate/ Marriage Contract

- With registry number- Duly signed, showing the printed name of the LCR or

the authorized signatory official

Document Appreciation

Appreciation of Documents

Events outside the Philippines

• Certificate of the event issued by the embassy/

consular office; or• If issued by the foreign

government inscription is non-English, must have an English translation

Document Appreciation

Appreciation of Documents

School records shall be any of the following:

- Transcript of Record- Registration/Enrollment Form- ID Card issued by the school

Document Appreciation

Supporting Documents (Member data correction/changes (E-4)

All supporting documents mustcontain the name & date of

birth of the registrant Primary documents

birth certificate

baptismal certificate

passport

SS Form E-4

Supporting Documents Member data correction/changes (E-4 )

alien certificate of registration birth/baptismal certificate of children certification of naturalization form BI certification form the office of cultural

minorities driver's license GSIS membership records life insurance policy

marriage contractPAGIBIG fund member data recordpermit to carry firearmsPHIC member's data formrecord of employment school recordsTIN cardvalid NBI clearancevoter's ID/affidavit/certificate of

registration as a voter duly authenticated by COMELEC

Certificate of non-availability of birth/baptismal certificate Secondary documents (any two):

All supporting documents mustcontain the name & date of

birth of the registrant

Appreciation of Documents

Decree of Divorce can be accepted provided that:

- The divorce was obtained when the Filipino spouse, who filed the divorce, has already acquired foreign citizenship.- As proof, the Decree of Divorce

must be submitted with the Certificate of Naturalization.

Document Appreciation

Supporting Documents (for member’s data correction/changes)

Late registered Birth Certificate (per OO 107-A) All supporting documents must

contain the name & date ofbirth of the registrant authenticated by NSO

stamped “Late Registered”

with affidavit at the back

with registry #

w/o alterations or erasures

with date received by LCR/NSO

Appreciation of Documents

Correction to totally different names

- One primary or 2 secondary docs.- Certificate of non-availability, in the

absence of Birth/Baptismal Certificates

- Joint affidavit

Document Appreciation

Supporting Documents (for member’s data correction/changes)

Late registered Birth Certificate All supporting documents mustcontain the name & date of

birth of the registrant If correction of name/DOB, must be submitted with 2 secondary documents

If correction of 1 letter in name or date only in DOB, acceptable as lone supporting document

Still for confirmation, if correction of DOB that will make member 55 years old and above

Supporting Documents (for member’s data correction/changes)

Office Order No. 107-A All supporting documents mustcontain the name & date of

birth of the registrant Court Order/Decree of Divorce - change of name - reversion to maiden name Joint Affidavit is no longer acceptable as secondary document for correction of DOB.

Use of name

Article 370 of the Civil Code of the Philippines provides that:

" A married woman may use:

(1) Her maiden first name and surname and add her husband’s surname; or

(2) Her maiden first name and husband's surname; or

(3) Her husband's full name, but prefixing a word to indicate that she is the wife, such as “Mrs.” Middle name of illegitimate child must be encoded/ corrected as appearing in the birth certificate.

EMPLOYER TRANSACTIONS

Functions of Branch (Frontline)

Functions of Branch (Frontline)

Must ensure:

Proper accomplishment of forms.

Compliance to documentation requirements.

Proper identification of filer.

Without alterations.Data match.Signed by required signatory.Shows the effectivity date.

All mandatory fields are accomplished. Requested corrections are properly indicated.

Functions of Branch (Frontline)

Must ensure:Accurate encoding of data of registrants/

employer.

That existing SS number should not be presumed belonging to member/applicant based on semblance of name/DOB.

Compliance to OTC/1-day processing time for SS/ER number issuance!

Functions of Branch (Frontline)

Must ensure: Correctness of SS/ER number on forms. Compliance to the signature-over printed-

name requirement. Compliance to Section 24 © of the SS Law on the confidentiality of records.

Letter of Authority from member; Subpoena duces tecum; and Authorization from SSS President

Functions of Branch (Frontline)

Must ensure:

That date of receipt are not stamped on important data in the forms. That no unnecessary writings/markings/ erasures

are done on the forms. Next-day transmittal of forms/documents to PC.

There is no discrepancy in name/DOB for requests for: - untagging of “No doc. submitted” flag; and - SS number cancellation

Otherwise, issue SS Form E-4.

Functions of CPC

Functions of the CPC

Process, encode and review forms.

Ensure compliance to documentation requirements.

Must not require submission of document that are not listed/approved.

- Data control should be 100%.

Redesigned SS Number Issuance Module

Redesigned SS Number Issuance Module

• No document, no SS number.• Unified application form for prior registrant/

SE/OFW/NWS.• Non-traditional submission of form and

documents through drop box at the branch. • No personal release of SS Number, except if applicant has no e-mail address and SMS enhancement is not yet implemented.

• Shift of end-to-end transaction processing to frontline.

Redesigned SS Number Issuance Module

• Use of electronic forms.• Accessible thru eCenter and the internet.• Notification shall be thru e-mail/SMS.

• With facility to track data changes.

• Conforms with new/additional data requirements of Users and UMID card.

• With report-generation facility.

Redesigned SS Number Issuance Module

• Applicants to encode all data including: - Place of birth - Religion - Nationality - Address - Contact information (mobile/telephone#/email address) - Names of dependents/beneficiaries

Thank you!!!