Overseas Filipino group Migrante International declared “a win for OFWs” on Tuesday following a Supreme Court judgment against mandatory advanced SSS payments for OFWs leaving the country.
In a recently released Notice of Judgment issued on November 5, 2024, the Philippine Supreme Court responded to Migrante and Bayan Muna Partylist’s 2019 petition against the anti-OFW provisions of Duterte’s Social Security Act of 2018 and its Implementing Rules and Regulations.
The 2018 SSS Act, signed into law by detained former president Rodrigo Duterte, compels all land-based OFWs to enroll and pay contributions to SSS as self-employed members, pay the employer’s share in contributions, and pay in advance three months’ worth in SSS contributions before being issued their Overseas Employment Contracts.
In its judgment, the Supreme Court declared unconstitutional the provision mandating advanced SSS payments for outgoing OFWs on the grounds of upholding the right to travel and work overseas.
Migrant workers who have campaigned against mandatory government fees on OFWs as forms of state extortion declared the Supreme Court judgment a victory gained through collective action.
“Bunga itong matagumpay na desisyon mula sa Korte Suprema sa kolektibong aksyon ng ating mga kababayan laban sa pangingikil ng estado,” said Josie Pingkihan, deputy secretary general of Migrante International. “Nilalabag ng SSS Act ni Duterte ang karapatan ng mga OFWs na magtrabaho, bumiyahe at pumili kung anong social security programs ang makikinabang sila.”
[This successful decision from the Supreme Court is a result of the collective action of our fellow migrants against state extortion. Duterte’s SSS Act violates the rights of OFWs to work, travel, and choose social security programs that will most benefit them.]
Migrante International however declared that the fight against OFW state exactions is not yet over, as 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, OWWA Membership.
“Hindi namin titigilan ang laban sa pamumuwersa sa mga OFW na balikatin ang mataas na bayarin sa SSS na napupunta sa taas-sweldo at perks ng SSS board habang hindi naman tumataas ang ating mga pensyon. Anim na taon na ang lumipas, kulong na si Digong, pero nasaan ang kanyang pangakong Php 1,000 pension increase? ” said Pingkihan.
[We will not stop fighting against OFWs being forced to bear the burden of high SSS contributions that fund the high salaries and perks of the SSS board while our pension rates stagnate. Six years have passed, Rodrigo Duterte is already in jail, but where is his promised Php 1,000 pension increase?]
Migrante called 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.
“Sa mababang sahod na natatanggap ng mga OFWs, paano mabubuhay ang aming mga pamilya kung nilulunod tayo ng gobyerno sa pataas na mga bayarin kada buwan? Tuloy ang aming kampanya upang wakasan na ang mga sapilitang bayarin na sinisingil sa ating mga OFWs sa SSS, PhilHealth, at iba pang mga serbisyo. Kailangan natin ng serbisyong pampublikong hindi ginagawang negosyo ng mga katulad nila Duterte at Marcos Jr,” said Pingkihan.
[With the low wages that OFWs receive, how can our families survive if the government is drowning us with the rising monthly expenses? We will continue our campaign to end the forced payments imposed on us OFWs for SSS, PhilHealth, and other services. We need public services that are not run as business by the likes of Duterte and Marcos Jr.] #
