I have a household helper whom I want to apply for SSS contributions. My friend told me that I really have to apply for this because there is now a Kasambahay Law. If the salary of my helper is P3,700 per month, how much do I have to pay as her contributions?
Republic Act (R.A.) No. 10361, otherwise known as the Domestic Workers Act or Batas Kasambahay, is the most recent law that provides benefits for those persons engaged in domestic work such as general househelp, nursemaid or “yaya”, cook, gardener, or laundry person.
Your friend is correct in saying that it is necessary for you to comply with the remittance of the Social Security contributions for your kasambahay, especially if the latter has rendered at least one month of service, as this is mandated by law, together with other statutory contributions. As can be gleaned under Section 30 of R. A. No. 10361, a “domestic worker who has rendered at least one (1) month of service shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with the pertinent provisions provided by law. x x x”
It also bears stressing that the said law imposes that payment of contributions are to be shouldered by the employer, unless the domestic worker is receiving a monthly wage of P5,000 or above, in which case the domestic worker is required to pay the proportionate share in the premium payments or contributions, as provided by law (Id.).
Nevertheless, please note that this mandate of the law requiring payment of Social Security contributions for household help is not a new statute. The said obligation is mandated under R.A. No. 8282, otherwise known as the Social Security Law, which was approved into law on May 1, 1997. It is explicitly stated under Section 9 of R. A. No. 8282 that “(a) Coverage in the SSS shall be compulsory upon all employees not over 60 years of age and their employers: Provided, That in the case of domestic helpers, their monthly income shall not be less than P1,000 a month: x x x”
Insofar as the amount of contributions which has to be paid and remitted, you mentioned that the monthly salary of your friend’s kasambahay is P3,700. Taking into account the SSS revised schedule of contributions, the monthly salary credit of her kasambahay is P3,500 and the required payment for the latter’s monthly contribution amounts to P385 as SSS contribution and P10 as EC (Employees’ Compensation) contribution.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com