Employing a kasambahay (household worker) comes with legal responsibilities, particularly in ensuring their social security benefits. Under the Kasambahay Law (Republic Act No. 10361) and the Social Security System (SSS) Act, household employers must register their kasambahays with the SSS, remit contributions on time, and provide the necessary benefits.
This article outlines the rights of kasambahays, employer responsibilities, SSS coverage benefits, and penalties for non-compliance.
Who Qualifies as a Kasambahay?
A kasambahay is any person employed in a household setting, performing domestic work such as:
- Housekeeping
- Cooking
- Laundry
- Gardening
- Childcare
- Elderly care
Legal Basis for SSS Coverage
- The Kasambahay Law (RA 10361) mandates that household employers register and contribute to their kasambahay’s SSS, PhilHealth, and Pag-IBIG Fund.
- Under the Social Security Act of 2018 (RA 11199), domestic workers earning at least P1,000 per month must be covered by the SSS.
Employer Responsibilities
1. Registering the Kasambahay with SSS
Employers must:
- Register with SSS as a household employer via the My.SSS online portal or at the nearest SSS branch.
- Ensure that the kasambahay is registered with SSS and has an SSS number.
- Submit a duly accomplished Household Employer Unified Registration Form (SSS Form R-1) and Employment Report Form (SSS Form R-1A).
2. Paying SSS Contributions
- Employers must shoulder the entire SSS contribution if the kasambahay earns less than P5,000 per month.
- If the kasambahay’s monthly wage is P5,000 or more, both the employer and kasambahay share the contribution based on the SSS contribution schedule.
- Payments can be made through SSS-accredited banks, payment centers, or the My.SSS portal.
3. Providing Additional Benefits
- PhilHealth Contributions: Mandatory for healthcare coverage.
- Pag-IBIG Fund Contributions: For housing and savings benefits.
- Paid Leave: Five days of paid service incentive leave per year after one year of employment.
- 13th Month Pay: Mandatory under Presidential Decree No. 851.
SSS Benefits for Kasambahays
1. Sickness Benefit
If a kasambahay is unable to work due to illness or injury, they can receive daily cash allowances from the SSS.
2. Maternity Benefit
Female kasambahays who have paid at least three months’ contributions in the 12-month period before giving birth or having a miscarriage can receive maternity benefits.
3. Disability Benefit
Kasambahays who become permanently disabled may qualify for a lump sum or a monthly pension.
4. Retirement Benefit
A kasambahay who reaches at least 60 years old with 120 monthly contributions is entitled to a retirement pension.
5. Death and Funeral Benefit
In case of death, the kasambahay’s beneficiaries will receive a death pension or lump sum, plus funeral assistance.
6. Salary Loans
Kasambahays can apply for SSS salary loans if they have made sufficient contributions.
Penalties for Non-Compliance
Household employers who fail to register their kasambahay or remit SSS contributions may face:
- Penalties and surcharges for unpaid contributions.
- Legal action under the Kasambahay Law and SSS Act.
- Fines of up to P10,000 or imprisonment under RA 10361.
How to Register and Pay SSS Online
Step 1: Register as a Household Employer
- Visit www.sss.gov.ph and log in to the My.SSS portal.
- Click Household Employer Registration and fill out the required details.
- Submit the necessary documents.
Step 2: Enroll the Kasambahay
- Ensure your kasambahay has an SSS number.
- Fill out Form R-1A and submit it online or at an SSS branch.
Step 3: Pay Contributions
- Generate a Payment Reference Number (PRN) from the My.SSS portal.
- Pay via SSS partner banks, mobile apps, or Bayad Centers.
Conclusion
Providing SSS coverage for kasambahays is not just a legal obligation but also a way to secure their future. Employers must ensure compliance to avoid penalties while granting their household workers access to social protection benefits. By fulfilling these responsibilities, you help create a more stable and secure workforce for your home.
🔹 Need assistance? Visit www.sss.gov.ph or call the SSS hotline for more information.
