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Monday, March 31, 2025
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Monday, March 31, 2025

Supreme Court says all OFWs are covered by SSS

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All Overseas Filipino Workers (OFWs) must be covered by the Social Security System (SSS), as stipulated in the Social Security Act of 2018, reinforcing the necessity of social security protection for every Filipino worker, the Supreme Court (SC) said.

In the case of Migrante International, et al. v. Social Security System, the SC En Banc affirmed the right of all OFWs, both land-based and sea-based, to social security coverage, highlighting the unique challenges they face, such as family separation and adverse working conditions.

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The High Tribunal referenced Republic Act 11199, which mandates SSS coverage for all Filipino workers, including OFWs, to provide protection against disability, sickness, maternity, old age, death, and income loss, thereby ensuring financial stability for workers and their beneficiaries during unforeseen difficulties.

Furthermore, the SC emphasized that mandatory social security coverage is particularly advantageous for OFWs, who often endure harsh working conditions, safeguarding them and their families through SSS benefits.

Lastly, the SC declared Rule 14, Section 7(iii) of the Implementing Rules and Regulations (IRR), which required advance payment of SSS contributions as a prerequisite for the Overseas Employment Certificate (OEC), as unconstitutional.

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