Migrant groups and the recruitment industry have rejected the draft implementing rules and regulations (IRR) of Republic Act (RA) 11199 or the Social Security Act for allegedly containing illegal provisions, with one support group launching a 1-million signature campaign to oppose its implementation.
They zeroed in on a provision in the IRR making the mandatory membership of overseas Filipino workers (OFW) to the Social Security System (SSS) a condition for their deployment abroad.
“The measures for enforcement of compulsory coverage shall include, among others, the collection of contribution payments by the Philippine Overseas Employment Administration (POEA) and/or the concerned attached DOLE agencies, through its applicable documentation and deployment processes such as the issuance of Overseas Employment Certificate (OEC),” the 75-page draft said.
Inapplicable
Recruitment leader Lito Soriano said the provision is unlawful, particularly for new hires since mandatory members under RA 11199 should only apply to OFWs.
“The employment contract of a contract worker for an overseas job is valid upon departure,” Soriano said
Until then, he said an applicant cannot be considered an OFW covered by the RA 11199.
He said the SSS premium collection from an aspiring OFW before he or she gets his or her salary may be deemed a form of exploitation and illegal exaction.
More consultations
Blas F. Ople Policy Center (BOPC) Head Susan Ople agreed with Soriano and also called the IRR “flawed.”
She singled out the provision making SSS premium payment a condition for OEC issuance. An OEC is an issuance from the POEA, which allows a Filipino worker to be employed abroad.
“Why should social security become a condition for employment abroad?” Ople said.
She urged SSS to conduct additional consultations before it finalizes the draft IRR to address its “problematic” provisions.
It will be the Social Security Board that will give the final go-ahead to the final draft of the IRR.
This article is an excerpt from: https://businessmirror.com.ph/2019/03/27/forced-sss-membership-for-ofw-slammed/
