SOC.AG 2.

Employers

How much of soc.leg do you need to become a lawyer? 3. Domestic Helpers

Do you think you need to master the social security act to 4. Self-employed individuals
become a lawyer

How much of agrarian law do you need? - Zero daw

haha Who can enjoy voluntary coverage?

Discuss RA 8282 -Spouses of SSS members who devote their time in

managing the household
What do you see in section 1, 2?
-Filipinos recruited in the Philippines by foreign-based
Recite section 2 ERs

What is meant by sound social security system?

What do you understand by tax-exempt? Which one is Parts to master:

not subject to tax?
Benefits
What is income replacement?
Coverage
Social security benefits are tax exempt?
Penalties
What do you mean by viable?
Prescription
MEMORIZE SECTION 2
Contributions

Beneficiaries
*The basis of Labor law is POLICE POWER, its purpose
is SOCIAL JUSTICE

*RA 8282 - a police power and social justice measure Explain the difference of Compulsory and Voluntary
Coverage.

1. Compulsory:
What is police power? What makes it different from the
two different power? SSS

Employees Compensation

How does calalang vs williams define social justice? Who are not covered by the Social Security Law:
HUMANIZATION OF LAWS AND EQUALIZATION OF CAFGO
SOCIAL AND ECONOMIC FORCES by the State so that Casual Employment
justice in its rational and objectively secular conception
may at least be approximated. Services with an alien vessel employed when vessel
is outside of the Philippines

Service of employees in foreign governments

What are the twin functions of Social Justice -
Humanization and Equalization. Explain. Service of employees in Philippine government

Other employees

Since RA 8282 is there to promote general welfare, how? 2. Voluntary

What are the provisions that promote general welfare?

*Employees not over 60 - a person who has not
celebrated his 61st birthday
The law has two characteristics:

1. Non-discriminatory
*SSS funds are not public funds, they belong to the
2. Morality-free members and are merely held in trust by the
government.

Coverage if Social Security Law: *An employee cannot refuse to depart from a portion of
his money so that at the end of the day he cannot be a
1. Employees of private sector burden to the government.

What is the Employees Compensation Act?
ECAs - only the employer contributes, not the employees
SSL - both ER and EEs contribute
*Can SSS be transferred to third persons?
What part of RA 8282 is the Non-Transferrability clause?
Explain and understand. SEC. 15
Can the member authorize somebody else to get his
SSS for him IN HIS BEHALF? YES
On his behalf - in representation of somebody else
In his behalf - for the interest of the member
*Sygney case
Two Kinds of Beneficiaries:
1. Primary - Spouses and children
Spouse must be a legal spouse and living with the
SSS member
Children must be less than 21 years, unmarried and
unemployed.
2. Secondary - Parents
Parents must be dependent upon the SSS member
SEPTEMBER 20, 2017
1. Bartolome vs SSS
2. The basis of labor is police power; its purpose is
social justice.
3. What is police power
4. What are the twin functions of Social Justice?
Explain.
The twin functions are Humanizing function and
Equalizing function. Social Justice discharges the
Humanizing function by requiring the State to
eliminate oppressive labor and working conditions.
Equalizing function is discharged by the act of the
State by enacting laws which prevent discrimination.
Illustrate: RA. 8282 has humanized the old social
security act. The basis for entitlement is
membership in the SSS. The ER-EE are partners,
not adversaries. In the second function, RA 8282 is
morality-free and non-discriminatory. It makes no
distinction between legitimate and illegitimate,
beneficiary and non-beneficiary.
Answer format: Legally based, logical and legal
english
Old ssa - employers and employees are adversaries.
The employer regards the employee as an enemy
since the former think that the latter is out to get
money from him. The basis for entitlement is work
connection.
5. How do you compute the sickness allowance? Same
formula with the maternity benefits. Multiply ADSC with
90% the multiply with the number of days sick.
6. How do you compute the maternity benefits?
7. How many times can a member avail of the maternity
benefits? Is it four for lifetime or per marriage?
Four times based on the number of deliveries and
not on the number of children.
When theres doubt, you resolve in favor of the
member because its purpose is to give and not to
withhold. Apply the Utmost Liberality rule. Since
SSS is a social legislation, it should therefore be
construed in favor of the beneficiary
Semester of contingency. From the start of
semester of contingency, you move 12 months
backward. During the 12 months, preceding the
semester of contingency, find out if the mother has
paid 3 monthly contributions provided that she has
complied with the reportorial requirements (report
the employer of her pregnancy and her delivery).
Look at how much salary she was able to acquire
and look for the 6 highest monthly credit. Then total,
to be divided by 180 (6monthsx30days). Then
multiply that by 100% and then multiply again by 60
days or by 78 days. You multiply the daily average
credits by 60 days if its normal delivery, abortion
and miscarriage and 78 days when its CS section.
Example:
The 6 highest monthly salary of Maria are as follows:
15,000
14,000
13,000
10,000
16,000
17,000
85,000
=(85,000/180) * 100% = 472.22/ADSC
Normal delivery: 472.22 * 60 = 28,333.33
C-Section: 472.22 * 78 = 36,833.16

SEPTEMBER 27, 2017
1. What is the non-transferability clause?
2. What are the rights of a kasambahay? Who is a
kasamabahay?
a) Conditional domestic helpers - contractual
employee because it is pursuant to a special
law. Can be disassociated on the ground of his
expiration of her contract, does not constitute
illegal dismissal
b) Excluding family drivers - regular because he
performs work that is necessary and desirable
to the affairs of the family. Not a domestic
helper. Can only be dismissed by any of those
specified by the labor code: JUST CAUSE (RA
10361)
3. Can a regular employee be dismissed on the ground
of the termination of his contract? Based on the nature of
his work: Are the services of the fellow required by the
business of the employer, work that is usually necessary
and desirable in the usual trade of the worker
4. Kasambahays - traditional domestic helpers, laundry
personnel, gardeners, cooks, yayas (HeLauGarCYa)
5. HeLauGarCYa plus occasional or sporadic (spur of
the moment hiring lang) ang engagement niya, not a
kasambahay. Or under a foster family arrangement, not
a kasambahay as well
6. Control test:
a) Did A make use of the services of B
b) Did A control the means and methods of the
performance of B
c) If yes, then the two are related as employer and
employee
7. The following do not have SSS: CAFGO
a) C - casual employees
b) A - alien vessels while outside Philippine
territory
c) F - Foreign Government
d) G - government office/agencies
e) O - others specified by the law
8. Foster Family Arrangement of the Kasambahay
9. Er-ee relationship:
a) Use of services - enjoyment of work or personal
services rendered by another person
b) Control of the means and methods of the
performance - control of the result and control
of the means and methods of the performance
(labor law concept of control that control may
be actual or reserved)
i. Actual - supervises the work (Hyatt and
RVM case - labor)
ii. Reserved - the er need not supervise or
give instructions as to how the work
should be performed but the er can
supervise because he reserves the right to
do so
10. What is the four - fold test?
11. What are the components of the four-fold test?
a) Selection test - er renders the services of the
ee without the inervention from a third part
b) Wage test - er pays the wages, including sss,
medicare; etc
c) Dismissal test - they could terminate the
services based on other grounds; XPN: breach
of contract
d) Control test - extent of control the hirer
exercises over the worker. The greater the
supervision and control the hirer exercises, the
more likely the worker is deemed an employee.
12. Difference between wages and talent fees?
13. Whats the difference between an employee and
independent contractor
14. Who is the master of the time, means and method of
the independent contractor (SONZA case)
15. (Non-tranferability clause) Can a paramour receive
the death benefits, instead of the wife
a) The wife cannot transfer death benefits to a
third party (Sec. 15 of RA. 8282)
b) Waiver - nobody can transmit rights that they
dont have
16. Identify the questions that are always asked
regarding SSS, bar questions since 1987