Definition

An ER is any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business, industry, undertaking, or activity of any kind and uses the services of another person who is under his orders as regards the employment, except the government and any of its political subdivisions, branches or its instrumentalities, including corporations owned or controlled by the Government: Provided, that a self-employed person shall be both employee and employer at the same time. (Sec. 8 (c) of the Social Security Act of 2018 – RA No. 11199).

The following are also considered as ERs:

  1. A social, civic, professional, charitable, and other non-profit organization that hires the services of employees
  2. A foreign government or international organization, or its wholly owned instrumentalities such as a foreign embassy in the Philippines, with an approved Administrative Agreement with the SSS for the coverage of its Filipino workers
  3. Household employers (HRs) who use the services of a house helper; whoever pays the compensation for such services, whether the husband, wife, or any other person, shall be deemed as household employers. Read more about HRs.
  4. Manning agencies of sea based OFWs

Registration

SSS coverage of ER shall take effect on first day of his/her/its operation.

With the launching of the national government-initiated Central Business Portal (CBP) project on January 28, 2021, ER registration shall now be made through this one-stop services portal for all business-related information. CBP aims to promote effective service delivery and transparency in the government by streamlining the registration of a business, renewal of permits, and other related activities through online transactions.

Enrollment in CBP is necessary for new business applicants to save time and effort in going to different government agencies to file and pass their respective government requirements, which usually takes time and are costly for entrepreneurs. 

The other agencies involved in CBP aside from the SSS are the Department of Information and Communications Technology, Securities and Exchange Commission, Bureau of Internal Revenue, Philippine Health Insurance Corporation (PhilHealth), and Pag-IBIG Fund.

The CBP portal also offers a Unified Employee Reporting Module for SSS, PhilHealth, and Pag-IBIG as a feature. It means ERs do not have to access separate websites just to fill out application forms from each government agency. The CBP system combines the application forms of these agencies for one-time data capture of ERs’ information.

For the guidance of the ERs, SSS issued the following policies on CBP registration:

  1. CBP-registered ERs shall no longer be required to submit the Employer Registration Form (SS Form R-1) and supporting documents.
  2. ERs with or without Date of Coverage (DOC) shall be qualified to register in the My.SSS website.
    • The SSS shall automatically send a registration link to the company email address to facilitate employer web registration; and
    • The ER shall provide the required information to complete the web registration process.
  3. Reporting of initial employee/s may be submitted through the CBP or through the My.SSS portal.
    • The employment report shall trigger the updating of ER’s DOC; and
    • The ER’s DOC shall be based on the earliest employment date of its employee/s.
  4. The following information shall be captured from the CBP database:

Employer

  • Tax Identification Number (TIN)
  • Name/s of Owner/s
  • Company email address
  • Mobile and Telephone Numbers
  • Philippine Standard Industrial Classification (PSIC)

Employee

  • SS Number
  • Employee Name
  • TIN
  • Philippine Standard Occupational Classification (PSOC)

The ER record shall be appropriately tagged to identify the source of ER registration.

 

To create a CBP account


  1. Go to https://business.gov.ph/signup. ERs must create an account to use the CBP and to begin with the registration of their new business.
  2. Once an account is created, an account verification link shall be forwarded to the ER’s registered email. Click the link to finish creating the account.

 

To log-in and register a business


  1. Go to https://business.gov.ph/login
  2. Once account is verified, the ER may now log-in to the application dashboard and start applying for a business. Click “Register a Business” button to start an application.

NOTE: Registration via CBP is not mandatory, hence, ERs may still register manually thru over-the-counter at SSS Branches.

 

Membership Data Amendments and/or status of business operations


ERs are allowed to submit amendment of their contact information (email address, telephone number, and mobile number) without any supporting documents through the My.SSS portal in the SSS Website.

Log in to My.SSS Portal

However, other changes in ER’s data and status of business operations should be reported immediately to the nearest SSS Office by accomplishing an Employer Data Change Request (SSS Form R-8). This form should be duly signed by the authorized signatory, supported by the original and photocopy of appropriate documents, if any, showing the effectivity date. The form should be duly notarized, except if it is for a change/addition of address, e-mail address, and telephone or fax numbers.

The SSS Form R-8 should be signed by any of the following:

 

OWNERSHIP TYPE SIGNATORY
Single Proprietorship Owner, or in his/her absence, the legal spouse
Partnership Managing Partner
Corporation President, General Manager, Chairman or Corporate Secretary
Foreign-owned Corporation Designated Philippine Representative as shown in the SEC registration
Cooperative Chairman or Corporate Secretary

 

Required Documents


1. For Change of Business Name, Legal Personality, or Nature of Business

Any of the following, whichever is applicable:

      • Certificate of Registration of Business Name from the Department of Trade and Industry (DTI)
      • Certificate of Filing of Articles or Amended Articles of Partnership/ Incorporation/Cooperation issued by the DTI/Securities and Exchange Commission (SEC)/Cooperative Development Authority (CDA)

2. For Change of Business Address

Proof of billing, or in its absence, any of the following:

      • Deed of Sale of Property/Lease Contract
      • Barangay certificate evidencing transfer to the new address

3. For Change of Name of Owner/Managing Partner/Corporate Officers

Any of the following, whichever is applicable:

      • Deed of Sale/Assignment duly signed by concerned parties with the new Owner’s DTI Registration or Business License
      • Deed of Donation
      • General Information Sheet duly received by the SEC
      • Minutes of General Assembly (for cooperatives)

4. For Amendment of Date of Coverage (DOC)

All of the following:

      • SSS Forms R-1/R-1A (superseding initial submission)
      • Affidavit of employee/s attesting to the actual date of his/their employment
      • Certification from the Municipal/City Treasurer’s Office or the Bureau of Internal Revenue (BIR)

5. For Temporary Suspension of Business Operations

Any two (2) of the following documents, whichever are applicable:

      • Notification of suspension of operation duly received by the BIR within the prescribed period
      • Audited Financial Statements and Income Tax Return (ITR) showing non-operation/no earnings for the applicable period/s filed with the SEC or the BIR within the prescribed period
      • Board Resolution approving suspension of business operation adopted within the prescribed period and duly received by regulatory agencies (e.g. BIR, SEC, etc.)
      • SSS Form R-1A showing the separation of its employee/s duly received by the SSS within the first ten (10) days of the month after the applicable quarter
      • Certification from the Fire Department/concerned unit of the municipality/city, in case of destruction of corporate facilities due to fire/fortuitous event
      • Notice of Strike duly received by the Department of Labor and Employment (DOLE) with a Certification that there was no operation/employees during the strike
      • Lease Contract/Joint Affidavit of Termination of Lease Contract
      • Certificate of Non-Renewal of Business License from the Municipal/City Treasurer’s Office

6. For Resumption of Business Operations

– Newly accomplished Employment Report (SSS Form R-1A) reporting for coverage newly hired/re-hired employee/s

7. For Termination/Dissolution of Business

a. Single Proprietorship

Approved Application for Business Retirement from the Municipal/City Treasurer’s Office, or in its absence, submit any two (2) of the following:

        • Certification of Non-Operation of Business from the Municipal/City Treasurer’s Office or BIR
        • Lease Contract/Joint Affidavit of Termination of Lease Contract
        • SSS Form R-1A showing the separation of its employee/s duly received by the SSS within the first 10 days of the month after the applicable quarter
        • Certification of Cancellation of Franchise from the Land Transportation & Franchising Regulatory Board
        • Certification from the Philippine Contractors Accreditation Board
        • Death Certificate registered with the Local Civil Registrar or issued by the Philippine Consul, in case of death of the owner

b. Partnership/Corporation/Cooperative

Certificate of Filing of Articles of Dissolution/Cancellation of Registration issued by the SEC/CDA, or in its absence, any two (2) of the following:

        • Audited Financial Statements and ITR showing non-operation/no earnings for the applicable period/s filed with the SEC or the BIR within the prescribed period
        • Board Resolution approving the termination of business operation adopted within the prescribed period and duly acknowledged received by regulatory agencies (e.g. BIR, SEC, etc.)
        • SSS Form R-1A showing the separation of its employee/s duly received by the SSS within the first 10 days of the month after the applicable quarter
        • Notification of Business Termination duly received by the SEC or the BIR within the prescribed period

8. For Termination/Dissolution due to Merger/Consolidation of Registration

– Certificate of Filing of Articles of Merger issued by the SEC

9. For Cancellation of DOC due to Employer’s Allegation that Business Operation Did Not Materialize

– SSS Account Officer Report

Duties and Responsibilities

The ER is obliged to:

  • Register with SSS and secure an ER ID Number.
  • Require EEs to register with SSS and present their SS Numbers for reporting to the SSS for coverage within 30 days from hiring date.
  • Enroll in My.SSS and in the Disbursement Account Enrollment Module (DAEM) so that SSS reimbursements are deposited directly and safely to the ERs’ bank account, instead of being sent via check in the mail.
  • Deduct from salaries/wages of the EEs their share in the monthly SS contributions based on gross monthly compensation, and remit the same to the SSS, together with the ER share of contributions and Employees’ Compensation (EC), using Payment Reference Number (PRN) within the prescribed schedule.
  • Maintain true and accurate records of EEs, such as, but not limited to, employment and payroll records, official receipts as proof of payments of monthly contributions and loan amortizations, amounts deducted from salaries/wages, records of sickness, injuries, and death of EEs in manual logbook or electronic file for work-connected contingencies.
  • Present work and employment records for inspection upon demand by the SSS.
  • Deduct from EEs’ salaries/wages their monthly loan amortizations and remit the same, together with the Loans Collection List (LCL), to SSS branch office using the PRN for Loans Payment.

NOTE: ERs shall require new EEs/house helpers to disclose their existing SSS loans, by securing an updated statement of loan account, and to continue deducting and remitting the monthly loan amortizations as necessary.

  • Deduct from EEs earning over P20,000.00 their share in the mandatory Provident Fund (PF) contributions and remit the same to the SSS, together with the ER share of PF contributions, using PRN within the prescribed schedule.
  • Pay in advance the following:
    • SS and EC sickness benefits due to EEs based on SSS-approved sickness notification
    • SS maternity benefits due to qualified female EEs, based on SSS-approved maternity notification.
  • Inform the SSS of any changes/updates in data/records using the Employer Data Change Request (SS Form R-8) to nearest SSS branch, as well as temporary or permanent cessation of business operations for regular ERs.
  • Keep EEs updated on the changes in SSS policies, rules, and regulations.
  • Ensure that all forms submitted are properly and accurately accomplished.
  • Submit an updated Specimen Signature Card (SS Form L-501) annually.
  • Certify SSS-related documents of EEs when required for their claims.
  • Comply with the rules and regulations promulgated by the Social Security Commission and as implemented by the SSS.

 

CRIMINAL VIOLATIONS OF EMPLOYER UNDER THE SS ACT OF 2018

CIVIL LIABILITIES
Failure or refusal to register its business at the start of its operation. Unpaid SSS contributions plus 2% monthly penalty for late payments from the date the contribution falls due until fully paid.
Failure or refusal to report EEs/house helpers for coverage upon employment. Damages for unpaid/underpaid contributions of its EEs/house helpers prior to the occurrence of contingency.
Failure or refusal to produce complete records for inspection. Unpaid SS loan amortizations deducted from the EEs/house helpers plus interest and penalty.
Failure or refusal to deduct and remit contributions and/or loan amortizations of its EEs/house helpers to the SSS Damages for failure to report its EEs/house helpers for SSS coverage prior to contingency.

My.SSS Registration

For faster and easier transactions with the SSS, ERs/HRs must create a My.SSS account by following these steps:


Step Activity
1 Visit www.sss.gov.ph, click “Create a My.SSS account or login”, select “Create account”, and choose “Employer”.
2 Fill out the “Employer Information” online form, ensuring that all details match the information registered with SSS. Tick the “I’m not a robot” checkbox and complete CAPTCHA, then click “Next”.
3 Review the details, tick “I accept the Terms of Service” checkbox, click “Submit”, then click “Yes” to confirm the submission of the application for registration.
4 Check the email sent to the company’s registered email address and access the provided link to continue the second phase of the registration process.
5 Provide the Employer Authorized Signatory details if the business is not a single proprietorship, tick the checkbox if you are a single proprietor. Tick the “I’m not a robot” checkbox and complete the CAPTCHA, review the details, accept the Terms of Service, click “Next”, and confirm submission of the application by clicking “Yes”. The registration will then be forwarded to the servicing branch for validation.
6 Wait for validation by the SSS servicing branch. If approved, an email will be sent to the company’s registered email address to enable password setup. Access the link and create the account password.
If rejected, SSS will notify the employer by email with the corresponding reason.

 

Register a bank account in My.SSS


There are steps to enroll ERs/HRs’ disbursement account online for easier benefit and loan payments:

1. Log-in to My.SSS Employer account

2. Click Disbursement Account Enrollment Module (DAEM) under the Services tab.

3. Read and understand the reminders on account enrollment, tick the check box, then click “Proceed.”

4. Choose a PESONet Participating Bank from the dropdown menu and encode the required bank account number.

IMPORTANT REMINDER: Correctly fill out all required fields then triple check all encoded information prior to submission. Remember that the ER/HR’s registered name in SSS should be the same as the bank account name being enrolled in the DAEM. Employers, or their authorized personnel, must enroll only one (1) PESONet-participating bank account, which may be used for all its branches and subsidiaries.

5. Select the type of proof of account from the dropdown menu and click “Choose File” to attach the readable colored image of the proof of account with file size not exceeding 1MB.

6. Click the check box to certify the correctness and accuracy of provided bank details and to agree to the Data Collection and Usage Clause, then click “Enroll.”

7. Review the supplied bank information and click “Proceed.”

8. The servicing branch will now evaluate the disbursement account enrollment. Wait for an email confirming the results of the evaluation.

Effects of non-reporting and non-remittance of contributions

An ER who does not report his/her EEs, regardless of status of employment, is violating the SS Law. Meanwhile, an HR who does the same can be sued for violating two (2) laws – Section 40 of the Republic Act 10361 or the Batas Kasambahay, and Section 28 of the Republic Act 11199 otherwise known as the Social Security Act of 2018.

If found guilty, the ER/HR is liable to the EEs/house helpers and must:

  • pay the benefits of those who die, become disabled, get sick or reach retirement age
  • pay all unpaid contributions plus a penalty of two percent (2%) per month
  • be held liable for a criminal offense punishable by fine and/or imprisonment.

The EE/house helper is still entitled to SSS benefits even if the ER/HR fails or refuses to report and remit SSS contributions.

Contribution and Payment

ERs may remit their contributions through any of the following channels:

  • SSS Branches with Tellering Facilities
  • Bancnet e-Gov Facility
  • SSS-accredited banks (over-the-counter and partner bank’s website and mobile app)
  • SSS non-bank collecting partners (over-the-counter)
  • Automatic Debit Arrangement

See also Pay Contributions and Loans

Frequently Asked Questions (FAQs) on demand letters

Important Notice:

This FAQ page is provided for general informational guidance to employers in receipt of Demand Letters on non-remittance/non-registration/non-reporting of employees/non-production of records/employer liability for damages. It is intended to clarify common concerns and assist employers in understanding their obligations and available options.

This material does not amend, modify, or replace existing laws, rules, regulations, or official issuances. In case of discrepancy, applicable laws and official records shall prevail.

For case-specific concerns, reconciliation of records, or formal settlement arrangements, employers are encouraged to coordinate directly with the concerned lawyer of the Operations Legal Department, the handling Account Officer, or the Legal Enforcement Officer that monitors the account.

1. What is a Demand Letter and why did we receive one?

A Demand Letter is a formal notice informing you of your delinquency or non-compliance with your legal obligations as employer under Republic Act No. 11199 or the Social Security Act of 2018.

2. What does it mean to be a noncompliant or delinquent employer?

A non-compliant employer is one who fails to register the business, report employees, or produce employer records upon request by SSS. A delinquent employer, on the other hand, is one who fails to remit employees’ Social Security (SS) contributions correctly and on time, underreports wages, or has unpaid assessed obligations such as penalties or damages based on official records and verification.

3. How was our outstanding delinquency or obligation computed?

The amount is computed based on available employer records with the SSS. Said amount may consist of:

  • Unpaid contributions
  • Accrued penalties at the rate of 2% per month
  • Damages, when applicable

You may request a detailed breakdown from the handling Account Officer for reconciliation.

4. What period does the Demand Letter cover?

The letter specifies the exact months and years covered by the delinquency based on available records of the SSS.

Please refer to the periods stated in your Demand Letter.

5. What should we do immediately upon receipt of a Demand Letter?

You should:

  • Review the assessed amount and the corresponding period/s.
  • Verify your internal records.
  • Coordinate with the handling Account Officer / handling Legal Enforcement Officer / concerned lawyer of the SSS Operations Legal Department.
  • Initiate settlement discussions and/or settle the obligation promptly.

Immediate action prevents further escalation of the account to the next level of legal action which is the filing of a criminal complaint for violation of the SS Act before the Prosecutor’s Office.

6. How many days do we have to settle or comply?

The Demand Letter indicates the prescribed compliance period of ten (10) calendar days. Employers are advised to act within the stated timeframe to avoid further legal action.

7. Can we request a breakdown of the assessed contributions, penalties, and damages?

Yes. Employers may formally request the handling Account Officer through the Operations Legal Department for a Statement of Account or reconciliation to verify computations and records. Should you have questions regarding the assessment, you may present proof such as compensation records and other relevant documents on reduction of employees, suspension or closure of business, change of ownership and other instances which could warrant a recomputation of your obligation.

8. What happens if we ignore the Demand Letter?

Failure to comply or settle may result in:

  • Endorsement for filing of criminal case for violation of the SS Act
  • Additional penalties and/or damages for unpaid premiums

9. Will a case be filed against us if we fail to comply?

If no action is taken within the prescribed period stated in the Demand Letter, the matter may be endorsed for filing of a criminal or commission case for violation of RA 11199/Social Security Act of 2018.

10. Can we still settle even if a case has already been filed?

Yes. Settlement may still be allowed even after a case has been filed, subject to applicable procedures and approval. However, additional penalties for late payments may apply at the rate of 2% per month and dismissal of case will be subject to the approval of the Court.

11. What settlement options are available?

Depending on policy and approval, available options may include:

  • Full payment
  • Installment arrangements
  • Other authorized settlement programs such as Dacion En Pago where property may be offered as payment for the outstanding obligation

12. Where and how can payment be made?

Payments may be made by visiting the nearest SSS Office or through authorized payment channels, accredited banks, or official digital platforms. However, it is strongly advised to first coordinate with the Operations Legal Department/ handling Legal Enforcement Officer/ handling Account Officer to confirm the correct mode of payment, amount to be settled, and forms which may be required for submission.

13. Who should we contact for settlement, clarification or request for reconciliation?

You may contact the handling Account Officer named in the Billing Letter earlier served upon you or the Legal Enforcement Officer using the contact details indicated in your Demand Letter and Letter of Authority. Personal appearance before said offices by the employer or his representative is also encouraged.

14. Will penalties continue to accrue if the contributions are unpaid?

Yes. Penalties at the rate of 2% per month continue to accrue until full settlement of the principal obligation.

15. How can we avoid receiving future Demand Letters?

To avoid future notices:

  • Register your business
  • Timely report your employees, newly hired and terminated
  • Maintain compensation records and make them available for inspection
  • Remit contributions on time
  • Ensure accurate wage reporting
  • Regularly reconcile contribution records
  • Promptly address any compliance notices