As a precautionary measure, it should be noted that the derogation is relatively rare and is invoked only in mandatory cases. There are no plans to give workers or employers the freedom to regularly choose coverage that contradicts normal contractual rules. The Law instructs the Ministry of Foreign Affairs (EDA) and the Ministry of Labour and Employment (DOLE), including its affiliated agencies, to negotiate bilateral labour agreements with the host countries of the OFWs to ensure that employers of terrestrial FOA, just as the awarding entities of the Maritime OFW pay the necessary SSS dues, in which case these land-based OFWs are not considered in the same way as the independents in this Act. The obligation to negotiate bilateral employment contracts is mandatory as a commitment of DoLE, FDFA and SSS,” she said. The SSS`s goal has always been to provide social coverage to all Filipinos at home and abroad. Since 1982, SSS has insisted on the Bilateral Social Security Agreement (SSA) with various countries with large numbers of Filipinos to ensure that they also enjoy the social security benefits of their host country via the SSS. In collaboration with the Ministry of Foreign Affairs (EDA), we are negotiating with other countries to conclude bilateral agreements on mutual cooperation in the area of social security. The SSA protects the social security rights of Filipino migrant workers by coordinating and regulating the social security systems of host countries and the mother. For their part, the Philippines and the host country agree on those covered by the agreement. Despite the fact that the agreements aim to allocate social security to the country where the worker is most attached, unusual situations occasionally arise, where strict enforcement of the rules of agreement would result in unusual or unjustified results.

For this reason, each agreement contains a provision allowing the authorities of both countries to grant exemptions from the normal rules if both parties agree.

Share →