The Supreme Court (SC) has ruled that requiring land-based overseas Filipino workers (OFWs) to pay Social Security System (SSS) contributions before obtaining an overseas employment certificate (OEC) is unconstitutional. This landmark decision is a victory for OFWs who have long faced this financial hurdle before being allowed to work abroad.
What Was Declared Unconstitutional?
The SC En Banc partly granted a petition filed by Migrante International and other individuals, challenging a specific provision of the Implementing Rules and Regulations of Republic Act 11199, also known as the Social Security Act of 2018. The court specifically struck down Rule 14, Section 7(iii) for violating Sections 1 and 6 of Article III of the 1987 Constitution.
The court emphasized that forcing OFWs to pay their SSS contributions as a condition to receive their OEC is “unduly oppressive, unreasonable, and repugnant to the Constitution.”
Why Is This Important for OFWs?
The OEC is a crucial document for OFWs. Without it, they cannot leave the country to work abroad. The SC pointed out that requiring OFWs to pay their SSS contributions in advance places an unfair burden on them, effectively limiting their right to travel and, more importantly, their right to work and earn a living.
“For many OFWs, their primary purpose for traveling is to work. Requiring them to pay their SSS contributions first before getting their OEC effectively deprives them of their livelihood,” the SC stated.
Government Agencies Ordered to Stop Implementation
With this ruling, the Supreme Court has permanently prohibited the SSS, the Philippine Overseas Employment Administration (POEA), and the Department of Labor and Employment (DOLE) from enforcing this provision. This means that OFWs will no longer be forced to pay their SSS contributions before they can secure their OEC.
Recognizing OFWs as Modern-Day Heroes
The Supreme Court underscored the vital role of OFWs in the economy and their immense sacrifices for their families and the country.
“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,” the SC emphasized.
When Was This Decision Made?
The ruling, authored by Associate Justice Maria Filomena Singh, was officially promulgated in November 2024. This decision marks a significant win for OFWs, ensuring that they are not unjustly burdened by policies that restrict their right to work abroad.
This ruling serves as a reminder that the government must protect OFWs and promote their welfare, not impose unnecessary obstacles on their path to employment overseas.
