Social Security Act: Definitions and Employment

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Questions and Answers

What is excluded from the definition of employment?

Employment purely casual and not for the purpose of occupation or business of the employer (correct)

Service performed in the employ of a foreign government or international organization

Service performed by an employee for his employer

Service performed on or in connection with an alien vessel by an employee when the vessel is outside the Philippines

Who is considered both an employee and an employer at the same time?

A person who is employed by a foreign government or international organization

A self-employed person (correct)

A person who carries on a trade or business in the Philippines

A person who is employed by the Philippine Government or its instrumentalities

What is the penalty for failure or refusal to register employees or oneself, in case of the covered self-employed?

A fine of not less than ₱5,000 nor more than ₱20,000 and imprisonment for not less than 6 years and 1 day nor more than 12 years (correct)

A fine of not less than ₱20,000 nor more than ₱50,000 and imprisonment for not less than 12 years and 1 day nor more than 24 years

A fine of not less than ₱10,000 nor more than ₱30,000 and imprisonment for not less than 9 years and 1 day nor more than 18 years

A fine of not less than ₱1,000 nor more than ₱5,000 and imprisonment for not less than 3 years and 1 day nor more than 6 years

What is the term for the Social Security System created by this Act?

SSS Signup and view all the answers

Within how many days should a self-employed member register and report to the SSS after starting their profession or business operations?

30 days Signup and view all the answers

Who is exempt from the definition of an employer?

The Philippine Government or its instrumentalities Signup and view all the answers

What information should a self-employed member report to the SSS when registering?

Their name, age, occupation, average monthly net income, and dependents Signup and view all the answers

What is excluded from the definition of employment in relation to a foreign government or international organization?

Service performed in the employ of a foreign government or international organization Signup and view all the answers

What is the term for the Social Security Commission as herein created?

Commission Signup and view all the answers

Who is liable for the penalties provided in the Act if an association, partnership, corporation, or any other institution commits an offense?

The managing head, directors, or partners of the institution Signup and view all the answers

What is the purpose of Section 28 of the Act?

To outline the penalties for offenses committed under the Act Signup and view all the answers

What is the definition of an employer in relation to the Philippine Government?

Any person, natural or juridical, domestic or foreign, who carries on a trade or business in the Philippines Signup and view all the answers

What is excluded from the definition of employment in relation to the Philippine Government or its instrumentalities?

Service performed in the employ of the Philippine Government or its instrumentalities Signup and view all the answers

What is the main purpose of Section 24-A of the Act?

To provide guidelines for self-employed members to register and report to the SSS Signup and view all the answers

What is the penalty for an employer who fails to remit the deducted monthly contributions or loan amortizations to the SSS within 30 days from the date they became due?

Fine of not less than ₱5,000 nor more than ₱20,000 Signup and view all the answers

What is the consequence of making a false statement or representation in a claim for any benefit payable under this Act?

Penalties provided in Article 172 of the Revised Penal Code Signup and view all the answers

What is the penalty for an employee of the SSS who appropriates or misappropriates funds or property belonging to the SSS?

Penalties provided in Article 217 of the Revised Penal Code Signup and view all the answers

What is the consequence of obtaining or receiving any money or check under this Act or any agreement thereunder, without being entitled thereto with intent to defraud any member, employer or the SSS?

Fine of not less than ₱5,000 nor more than ₱20,000 Signup and view all the answers

What is required of an employer who deducts the monthly contributions or loan amortizations from an employee's compensation?

To remit the deducted amount to the SSS within 30 days from the date it became due Signup and view all the answers

What is the consequence of an employee of the SSS who makes or causes to be made any false statement of a material fact in any claim for any benefit payable under this Act?

Penalties provided in Article 172 of the Revised Penal Code Signup and view all the answers

What is the penalty for an employer who fails to deduct the monthly contributions or loan amortizations from an employee's compensation?

No penalty, but the employer will be required to pay the contributions or loan amortizations Signup and view all the answers

What is the consequence of an employee of the SSS who receives or keeps funds or property belonging to the SSS and who appropriates the same, or shall take or misappropriate, or shall consent, or through abandonment or negligence, shall permit any other person to take such property or funds?

Penalties provided in Article 217 of the Revised Penal Code Signup and view all the answers

Study Notes

Definitions

Employment refers to any service performed by an employee for their employer, excluding:
- Casual work not for the purpose of occupation or business of the employer
- Service performed on or in connection with an alien vessel by an employee when the vessel is outside the Philippines
- Service performed in the employ of the Philippine Government or instrumentality thereof
- Service performed in the employ of a foreign government or international organization, or their wholly-owned instrumentality
Employer refers to any person or entity that carries on any trade, business, industry, undertaking, or activity in the Philippines and uses the services of another person
Self-employed person is both employee and employer at the same time

Registration of Self-Employed Members

Covered self-employed members must register and report to the SSS within 30 days from the first day of practice or business operations
Required information includes name, age, civil status, occupation, average monthly net income, and dependents

Penal Clauses

Failure or refusal to register employees or self-employed individuals, or to deduct contributions from employees' compensation and remit to the SSS, is punishable by a fine of not less than ₱5,000 nor more than ₱20,000 AND imprisonment for not less than 6 years and 1 day nor more than 12 years
Any employee of the SSS who receives or keeps funds or property belonging to the SSS and appropriates or misappropriates it shall suffer penalties provided in Article Two hundred seventeen of the Revised Penal Code
Any employer who, after deducting monthly contributions or loan amortizations from employees' compensation, fails to remit the said deduction to the SSS within 30 days shall be presumed to have misappropriated such contributions or loan amortizations and shall suffer penalties provided in Article Three hundred fifteen of the Revised Penal Code

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Description

This quiz covers definitions and clauses related to employment and social security, specifically Section 8 of the Act.