THE SUPREME Court (SC) has declared as unconstitutional a provision of the 2018 Social Security System (SSS) Act that requires overseas Filipino workers (OFWs) to pay their contributions in advance before they are allowed to the leave the country.
In a 40-page decision, the SC En Banc ruled that “Rule 14, Section 7(iii) of the Implementing Rules and Regulations of Republic Act (RA) No. 11199 is declared unconstitutional for being contrary to Sections 1 and 6 of Article III of the Constitution.”
RA 11198 (Social Security Act), signed into law by former president Rodrigo Duterte, compels all land-based OFWs to enroll and pay contributions to SSS as self-employed members, pay the employer’s share in contributions and pay in advance three months’ worth in SSS contributions before being issued their Overseas Employment Contracts.
“To enforce compulsory coverage of land-based OFWs through the issuance of OEC is unduly oppressive, unreasonable and repugnant to the Constitution. It undermines the mandate of the constitution to protect the rights of overseas workers and to promote their welfare,” the SC said.
It agreed with the 2019 petition of civil rights group Migrante International and Bayan Muna party-list that the said provision steps on the right to travel.
“Requiring them to pay their SSS contributions in advance to obtain their OEC effectively deprives them (of) their right to travel and, consequently, their livelihood,” it said.
“The Social Security System, the Philippine Overseas Employment Administration, and Department of Labor and Employment are permanently enjoined from implementing this unconstitutional provision.” (Benjamin Pulta)
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