Criminal liability for failure to register employees in the SSS

Criminal liability for failure to register employees in the SSS "I have been employed for more than a year, but my employer still has not registered me in the Social Security System (SSS) and has not deducted any SSS contribution from my salary. I just want to know if my employer violated any law for not registering me in the SSS, and for failure to deduct and remit SSS contributions. ChoDear Cho, Section 28 (i), Republic Act 11199, otherwise known as the “Social Security Act of 2018,” states:“SECTION 28 Penal Clause. — xxx. “(i) Whoever fails or refuses to comply with the provisions of this Act or with the rules and regulations promulgated by the Commission, shall be punished by a fine of not less than five thousand pesos (P5,000) nor more than twenty thousand pesos (P20,000), or imprisonment for not less than six years and one day nor more than twelve years, or both, at the discretion of the court: Provided, That were the violation consists in failure or refusal to register employees or himself, in case of the covered self-employed or to deduct contributions from the employees’ compensation and remit the same to the SSS, the penalty shall be a fine of not less than five thousand pesos (P5,000) nor more than twenty thousand pesos (P20,000) and imprisonment for not less than six years and one day nor more than twelve years.”Clearly, failure or refusal to register employees in the SSS, and to deduct and remit contributions thereto, are punishable under the law. In your situation, if it is true, upon verification, that your employer did not register you with the SSS, they can be held criminally liable based on the above-quoted provision of law. This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to ." - https://www.affordablecebu.com/