Companies are forced to make certain that people loan repayments owed these types of companies, applied for from the staff, try accurately deducted and you can remitted

I am hoping so it letter finds out your better. I’m writing to get your pointers out of an issue involving my personal earlier boss. Everything nine in years past, We resigned out of a family immediately following functioning indeed there for three ages. I just recently learned that these promised remittances was apparently never ever generated, that have adversely inspired my information and benefits.

I’m now concerned with whether I can nevertheless file good problem and take suit from this former employer for failing in order to remit the necessary contributions and you will mortgage repayments back at my account. Because of the good date who’s elapsed, I am being unsure of exactly what treatments are readily available and you may whether or not any laws and regulations from limitation perform stop myself off pursuing this dilemma after that.

I might greatly delight in the expert advice on this situation, and additionally exactly what methods I might thought, possible management otherwise litigation, and one associated statutes or legislation that may guide me personally swinging forward.

At the time of my deviation, brand new workplace indicated that they will fool around with my straight back spend to help you accept particular outstanding contributions and you will loan money connected with PhilHealth, Pag-IBIG, therefore the Societal Security system (SSS)

Comprehensive Courtroom Overview of Philippine Laws Around the newest Non-Remittance out-of Compulsory Contributions plus the Prescriptive Attacks to possess Processing Grievances

With regards to the utilization relationships from the Philippines, one another companies and you will professionals keeps particular legal rights and you can loans discussed by the statute, administrative guidelines, and situation legislation. Being among the most important workplace debt would be the precise and you will quick remittance away from mandated efforts to regulators organizations for instance the Social Security system (SSS), brand new Philippine Health insurance Organization (PhilHealth), therefore the Home Development Shared Finance (HDMF or Pag-IBIG). Failure to conform speedycashloan.net small loan bad credit to these financial obligation could possibly get introduce employers so you’re able to management, municipal, and even criminal accountability, depending on the factors.

Regarding the Philippines, the duty out of employers so you can remit contributions so you can social benefit providers hails from multiple trick laws:

Societal Security measures (SSS): Republic Act No. 11199 (the Social Safety Act of 2018, hence amended and you can superseded elderly SSS legislation) governs the required SSS visibility out of individual business team. Employers have to subtract employee efforts from their wages and you may to provide an equal employer display, hence must be remitted toward SSS on a regular basis.

PhilHealth: Republic Act No. 11223 (brand new Common Health care Operate) and its particular predecessor statutes like Roentgen.A beneficial. 7875 depending the new National Medical health insurance Program. Employers need to enroll their workers when you look at the PhilHealth and then make the desired month-to-month efforts, subtracting the fresh new employee’s express and you may incorporating the new employer’s show, all of which are remitted so you’re able to PhilHealth.

Pag-IBIG (HDMF): Republic Work No. 9679 (your house Innovation Common Finance Law out of 2009) stipulates one subscription on money try necessary for all team included in SSS and you can Authorities Provider Insurance Program (GSIS). Businesses have to deduct the required contributions using their employees’ earnings and you will create their associated manager share. Similarly, loan payments received from Pag-IBIG system must be deducted and you can remitted accurately and promptly.

New court requirement to spend such efforts isn’t just a contractual or work responsibility; it is a statutory mandate. Non-conformity can result in charges, desire, surcharges, and other courtroom effects.

Management Problems: Staff can get file complaints myself on the providers worried. Such as for instance, if the SSS benefits just weren’t remitted, the fresh new personnel can approach the brand new SSS, which includes the ability to investigate and enforce penalties, attention, and surcharges towards the unpaid companies. Furthermore, PhilHealth and you will Pag-IBIG possess enforcement powers. Such agencies may point compliance purchases, conduct audits, and you may, if required, initiate legal action against non-certified businesses.