By MARTHA TEODORO

MANILA – The Supreme Court ruled against making overseas Filipino workers (OFWs) pay advanced Social Security System (SSS) payments before they leave the country. 

In a decision promulgated on Nov. 5, 2024, the SC enbanc declared that requiring advanced contributions as stated in Section 7 of Rule 14 of the implementing rules and regulations of the Republic Act No. 11199 or the Social Security Act is unconstitutional. 

Migrant workers have been complaining against the said mandatory SSS fees, describing this as a violation of rights of OFWS. “With the low wages that OFWs receive, how can our families survive when the government is drowning us with rising bills every month?” Josie Pingkihan, Secretary General of Migrante International explained in their statement.

On February 7, 2019, former president Rodrigo Duterte signed into law Republic Act No. 11199 or the Social Security Act, which makes SSS coverage for land and sea-based OFWs compulsory. Migrant workers have opposed the law, together with its IRR released in June 2019. 

In August 2019, Migrante International and party-list groups Bayan Muna, Gabriela, ACT-Teachers, and Kabataan Partylist filed a petition for certiorari seeking for the nullification of certain provisions of the law and its IRR. Among the issues raised were the advanced payment of contributions for land-based OFWs with three-month employment contracts, and the prohibition to travel for OFWs who failed to pay the SSS fees.

Former Bayan Muna Congressmen Neri Colmenares and Carlos Zarate meanwhile welcomed the high court’s decision. They said that the decision is “a crucial step towards ensuring the social protection and welfare of our modern-day heroes who contribute significantly to our economy.”

“Bayan Muna has consistently opposed the provisions that impose unfair burdens on our OFWs, particularly the requirement for them to pay the ’employer’s share’ in the SSS contribution, which foreign employers are not obligated to cover. This places an unjust financial burden on our OFWs who are already sacrificing so much for their families and our nation,” said Colmenares in a statement. 

He added that PFWs deserve fair treatment and respect for their invaluable contributions to the country. 

Meanwhile, while Migrante declared the SC decision as a victory, the group said that their fight is not yet over. The group cited the impending increase of contributions of mandatory charges to be implemented under the Ferdinand Marcos Jr administration such as mandatory SSS contributions from land-based OFWs at 15 percent increase rate this year, Philhealth, Insurance and Overseas Workers Welfare Administration (OWWA) membership. 

“We call on fellow Filipino migrant workers to continue fighting for the right to social service programs that are subsidized by the government and that genuinely benefit the public…” Migrante said in a statement. (With reports from Anne Marxze D. Umil) (RVO)