Article 56Labor and Agrarian Laws and Social Legislation, p. 56

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

Secretary of Labor and Employment, in coordination with

the Maritime Industry Authority (MARINA) and the POEA,

shall promulgate the necessary rules and regulations for

the effective implementation of the provisions of this Act.

SECTION 7. Repealing Clause. — All laws, orders,

issuances, decrees, rules and regulations inconsistent

with the provisions of this Act are hereby repealed or

modified accordingly.

SECTION 8. Effectivity Clause. — This Act shall take

effect fifteen (15) days after its publication in the Official

Gazette or in at least two (2) newspapers of general

circulation.

IV.

Labor Laws Related to

Health, Safety and Social

Welfare Benefits

RA No 8282 | Social Security Act of 1997

May 01, 1997

AN ACT FURTHER STRENGTHENING THE SOCIAL

SECURITY SYSTEM THEREBY AMENDING FOR THIS

PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED,

OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled: :

SECTION 1. Short Title . - This Act shall be known as the

" AN

ACT

FURTHER

STRENGTHENING

THE

SOCIAL

SECURITY

SYSTEM

THEREBY

AMENDING FOR THIS

PURPOSE,

REPUBLIC

ACT

NO. 1161, AS AMENDED,

OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW ."

SECTION 2. Declaration of Policy . - It is the policy of the

Republic of the Philippines to establish, develop, promote

and perfect a sound and viable tax-exempt social security

service suitable to the needs of the people throughout

the Philippines which shall promote social justice and

provide meaningful protection to members and their

beneficiaries against the hazards of disability, sickness,

maternity,

old

age,

death,

and

other

contingencies

resulting in loss of income or financial burden. Towards

this end, the State shall endeavor to extend social security

protection to workers and their beneficiaries.

SECTION 3. Social Security System . - (a) To carry out the

purposes

of

this

Act,

the

Social

Security

System,

hereinafter referred to as 'SSS', a corporate body, with

principal place of business in Metro Manila, Philippines is

hereby created. The SSS shall be directed and controlled

by a Social Security Commission, hereinafter referred to as

'Commission', composed of the Secretary of Labor and

Employment or his duly designated undersecretary, the

SSS president and seven (7) appointive members, three

(3) of whom shall represent the workers' group, at least

one of whom shall be a woman; three (3), the employers'

group, at least one (1) of whom shall be a woman; and one

(1), the general public whose representative shall have

adequate knowledge and experience regarding social

security,

to

be

appointed

by

the

President

of

the

Philippines. The six (6) members representing workers

and

employers

shall

be

chosen

from

among

the

nominees

of

workers'

and

employers'

organizations,

respectively. The Chairman of the Commission shall be

designated by the President of the Philippines from

among

its

members.

The

term

of

the

appointive

members shall be three (3) years: Provided , That the

terms of the first six (6) appointive members shall be one

(1), two (2) and three (3) years for every two members,

respectively: Provided , further , That they shall continue to

hold

office

until

their

successors

shall

have

been

appointed and duly qualified. All vacancies, prior to the

expiration of the term, shall be filled for the unexpired

term only. The appointive members of the Commission

shall receive at least two thousand five hundred pesos

(P2,500.00) per diem for each meeting actually attended

by

them

but

not

to

exceed

Ten

thousand

pesos

(P10,000.00) a month:: Provided , That members of the

Commission shall also receive a per diem of at least Two

thousand five hundred pesos (P2,500.00) but not to

exceed Fifteen thousand pesos (P15,000.00) a month:

Provided , further , That said members of the Commission

shall

also

receive

reasonable

transportation

and

representation

allowances

as

may

be

fixed

by

the

Commission, but not to exceed Ten thousand pesos

(P10,000.00) a month.

(b)

The

general

conduct

of

the

operations

and

management functions of the SSS shall be vested in the

SSS President who shall serve as the chief executive

officer

immediately

responsible for carrying out the

program of the SSS and the policies of the Commission.

The SSS President shall be a person who has had previous

experience in the technical and administrative fields

related to the purposes of this Act. He shall be appointed

by the President of the Philippines and shall receive salary

to be fixed by the Commission with the approval of the

President of the Philippines, payable from the funds of

the SSS.

(c) The Commission, upon the recommendation of the

SSS President, shall appoint an actuary, and such other

personnel

as

may

be

deemed

necessary,

fix

their

reasonable compensation, allowances and other benefits,

prescribe their duties and establish such methods and

procedures as may be necessary to insure the efficient,

honest and economical administration of the provisions

and purposes of this Act: Provided , however , That the

personnel of the SSS below the rank of Vice-President

shall

be

appointed

by

the

SSS President: Provided ,

further ,

That

the

personnel

appointed

by

the

SSS

President,

except those below the rank of assistant

manager, shall be subject to the confirmation by the

Commission: Provided , further , That the personnel of the

SSS shall be selected only from civil service eligibles and

be subject to civil service rules and regulations: Provided ,

finally , That the SSS shall be exempt from the provisions

of Republic Act No. 6758 and Republic Act No. 7430 .

SECTION 4. Powers and Duties of the Commission and

SSS . - (a) The Commission. - For the attainment of its

main objectives as set forth in Section 2 hereof, the

Commission shall have the following powers and duties:

(1) To adopt, amend and rescind, subject to the approval

of

the

President of the Philippines, such rules and

regulations

as

may

be

necessary

to

carry

out

the

provisions and purposes of this Act;

(2) To establish a provident fund for the members which

will consist of voluntary contributions of employers and/or

employees, self-employed and voluntary members and

their earnings, for the payment of benefits to such

members or their beneficiaries, subject to such rules and

regulations as it may promulgate and approved by the

President of the Philippines;

(3)

To

maintain a provident fund which consists of

contributions made by both the SSS and its officials and

employees

and

their

earnings,

for

the

payment

of

benefits to such officials and employees or their heirs

under such terms and conditions as it may prescribe;

(4) To approve restructuring proposals for the payment of

due

but

unremitted

contributions

and

unpaid

loan

amortizations under such terms and conditions as it may

prescribe;

(5)

To

authorize

cooperatives

registered

with

the

cooperative

development

authority

or

associations

registered with the appropriate government agency to

act as collecting agents of the SSS with respect to their

members: Provided , That the SSS shall accredit the

cooperative or association: Provided , further , That the

persons authorized to collect are bonded;

(6) To compromise or release, in whole or in part, any

interest, penalty or any civil liability to SSS in connection

© Compiled By RGL

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