The petitioners against Social Security System’s (SSS) advance payment policy on overseas Filipino workers (OFWs) welcome the Supreme Court (SC) declaring the requirement is “unconstitutional.”
Former Bayan Muna Congressmen Neri Colmenares and Cong. Carlos Zarate expressed appreciation for the ruling striking out as unconstitutional SSS Rule 14 Sec. 7 (iii) for OFWs to pay in advance their contributions before receiving Overseas Employment Certificates.
The SC struck down the policy prohibiting OFWs from travelling abroad for work unless they pay three months worth of SSS premiums in advance.
In its decision, the High Court said: “[T]o enforce compulsory coverage of land-based OFWs through the issuance of OECs 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 added.
Colmenares and Zarate said, “We welcome the Supreme Court’s decision striking out the assailed IRR for violating the constitutional rights to due process and the right to travel of our OFWs. This is a crucial step towards ensuring the social protection and welfare of our modern-day heroes who contribute significantly to our economy.”
The Bayan Muna leaders filed their opposition with OFW group Migrante in 2019.
Colmenares and Zarate argued that the scheme places an unjust financial burden on the OFWs who are already sacrificing so much for their families and country.
“Bayan Muna has consistently opposed the provisions that impose unfair burdens on our OFWs, particularly the requirement for them to pay the ’employer’s share’ in the SSS contribution, which foreign employers are not obligated to cover,” the successful petitioners said.
Colmenares emphasized the importance of protecting the rights and dignity of OFWs, stating, “OFWs deserve fair treatment and respect for their invaluable contributions to our country.”
“The Supreme Court’s ruling was a victory in that it recognizes the need to uphold their rights to travel and seek employment abroad and ensure that they are not unduly burdened by unjust policies which requires them to spend their personal funds to pay for SSS premiums before they can travel,” he said.
Migrante Intertional also welcomed the SC ruling, adding however that the fight against OFW state exactions is far from over.
“The Philippine government under Marcos Jr. continues to collect mandatory SSS contributions from land-based OFWs at an increased 15% rate this year on top of other mandatory fees charged to OFWs such as PhilHealth, insurance, and OWWA payments,” Migrante revealed.
“We call on fellow Filipino migrant workers to continue fighting for the right to social service programs that are subsidized by the government and that genuinely benefit the public without loading unfair burdens on migrant workers and other toiling Filipinos,” the group said. # (Raymund B. Villanueva)
