OFWs and Makabayan bloc file Supreme Court petition to stop mandatory SSS employer contribution from OFWs

NEWS RELEASE (27 August 2019)

OFWs and their families trooped to the Supreme Court on Tuesday, 27 August 2019 to lodge a legal petition to nullify the mandatory SSS exaction on OFWs under the Social Security Act of 2018. The petition filed was Certiorari and Prohibition with Prayer for Writ of Preliminary Injunction and/or Temporary Re-straining Order

Several OFWs are signatories on the petition including petitioners from Migrante International and Makabayan house representatives. Their petition sought to register their disapproval on requiring OFWs themselves to pay for employers’ contribution for the mandatory SSS in the absence of a bilateral agreement with the host country. 

Respondents include SSS Chairman Carlos G. Dominguez III and Vice Chairman Aurora C. Ignacio. Other government agencies tagged as respondents are Department of Foreign Affairs (DFA), Department of Labor and Employment (DOLE) and the Philippine Overseas Employment Administration (POEA).

In a belatedly convened public consultation by SSS on 3 May, Migrante International decried the absence of grassroots migrant organizations representing land-based OFWs during Senate deliberations for its draft version. It was signed into law as Republic Act No. 11199 by President Duterte on 7 February 2019. 

Bayan Muna Chairperson Neri Colmenares questioned the constitutionality of the mandatory SSS. He said, “we are here at the Supreme Court because this mandatory SSS exaction signed by President Duterte requiring OFWs to shoulder employer contributions in the absence of a bilateral agreement with the host country is unjust and unconstitutional.” 

Feliza Guy Benitez who worked for more than 20 years in Hong Kong was one of the petitioners. “By withholding their OECs (Overseas Employment Certificate) and not allowing them to be deployed if they don’t get to pay for their employer’s SSS contributions, we feel that OFWs will just be held as hostages by the Duterte government. It will be hard for us to be forced to pay for employer contributions that is why SSS coverage should remain voluntary and not mandatory,” Benitez asserted. 

According to Migrante Philippines Chairperson Arman Hernando, paying for both employee and employer contributions is burdensome for OFWs. “It is no secret that most OFWs are poorly paid. Many are even maltreated and get nothing at all. This is too much for OFWs to bear at a time when the prices of goods and services are soaring under Duterte’s watch,” Hernando lamented. 

Meanwhile, Filipino workers in Hongkong also conducted a picket action at the lobby of the Philippine Consulate led by Migrante International Chairperson Joanna Concepcion. She was joined by members of Gabriela Hongkong, Migrante Hongkong and Filipino Migrant Workers Union.