SC: Payment of SSS contributions as requirement for OEC unconstitutional

The Supreme Court (SC) ruled that the requirement that land-based overseas Filipino workers (OFWs) pay Social Security System (SSS) contributions prior to receiving overseas employment certificates (OECs) was unconstitutional.

In a decision, the SC En Banc partly granted the petition filed by Migrante International and other individuals and declared unconstitutional Rule 14, Section 7(iii) of the Implementing Rules and Regulations of Republic Act 11199, or the Social Security Act of 2018, for being contrary to Section 1 and 6 of Article III of the 1987 Constitution.

Meanwhile, the SC upheld the constitutionality of other assailed provisions in the petition.

“[T]o enforce compulsory coverage of land-based OFWs through the issuance of OECs is unduly oppressive, unreasonable, and repugnant to the Constitution,” the SC said.

“It undermines the mandate of the Constitution to protect the rights of overseas workers and to promote their welfare,” it added.

The SC permanently enjoined the SSS, the Philippine Overseas Employment Administration, and the Department of Labor and Employment from implementing the provision.

Without an OEC, a land-based OFW's right to travel is restricted as their right to work abroad is based on this document, the SC said.

“Since the primary purpose of a land-based OFW’s travel abroad is to work, 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 SC said that the government must not unduly burden OFWs when enforcing the collection of SSS contributions.

“To truly honor the sacrifices of our OFWs, often hailed as modern-day heroes, it is crucial to refrain from oppressive policies that unfairly burden them,” it added.

The decision, penned by Associate Justice Maria Filomena Singh, was promulgated in November 2024. — VBL, GMA Integrated News