Entitlement to SSS Unemployment Benefits for Terminated Employees

In the Philippine labor landscape, the loss of employment is a significant socio-economic risk. To mitigate this, Republic Act No. 11199, otherwise known as the Social Security Act of 2018, introduced the Unemployment Benefit (or Unemployment Insurance). This benefit serves as a financial bridge for workers who find themselves involuntarily separated from their jobs.


I. Nature of the Benefit

The SSS Unemployment Benefit is a cash allowance granted to covered employees, including Overseas Filipino Workers (OFWs) and Kasambahays, who are involuntarily separated from employment. It is not a loan; rather, it is a social insurance grant intended to provide immediate relief while the individual seeks new employment.


II. Qualification Requirements

To be eligible for the benefit, a terminated employee must meet the following criteria at the time of separation:

  • Age Requirement: The employee must not be over sixty (60) years of age, except in the case of underground or surface mineworkers (not over 50) or racehorse jockeys (not over 55).
  • Contribution Requirement: The member must have paid at least thirty-six (36) monthly contributions, twelve (12) months of which should be in the eighteen (18) month period immediately preceding the month of involuntary separation.
  • Non-Repetition: The benefit can only be claimed once every three (3) years.

III. Grounds for Involuntary Separation

Entitlement is strictly limited to cases of involuntary separation. Under the Labor Code of the Philippines and SSS guidelines, these include:

1. Authorized Causes

These are business-related reasons where the employer terminates the relationship without fault on the part of the employee:

  • Installation of labor-saving devices.
  • Redundancy.
  • Retrenchment to prevent losses.
  • Closure or cessation of operation.
  • Disease/Illness of the employee whose continued employment is prohibited by law or is prejudicial to their or their co-employees' health.

2. Just Causes (Attributable to the Employer)

An employee may also qualify if they resign for causes attributable to the employer’s misconduct or breach of contract (constructive dismissal), such as:

  • Serious insult by the employer or their representative.
  • Inhuman and unbearable treatment.
  • Commission of a crime or offense by the employer against the employee or their family.

3. Other Economic Disruptions

Situations like calamities, pandemics (as seen during COVID-19), or similar force majeure events that lead to job loss are generally covered.


IV. Exclusions (Disqualifications)

An employee is not entitled to the benefit if the separation is due to:

  • Just Causes under Art. 297 of the Labor Code: Serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud, or commission of a crime against the employer.
  • Voluntary Resignation: Unless the resignation falls under the specific "just causes" mentioned above.

V. Amount and Duration of Benefit

The benefit is designed to cover a short transitional period:

  • Amount: The benefit is equivalent to 50% of the member's average monthly salary credit (AMSC).
  • Duration: It is paid in a lump sum covering a maximum of two (2) months.

VI. Documentary Requirements

To process the claim, the following are typically required:

  1. DOLE Certification: A "Certification of Involuntary Separation" issued by the Department of Labor and Employment (DOLE) through its Provincial or Field Offices.
  2. Notice of Termination: A copy of the termination letter served by the employer or a duly notarized Affidavit of Termination of Employment.
  3. Valid Government ID: Primary IDs (e.g., UMID, Passport, Driver’s License).
  4. Disbursement Account: An active SSS-enrolled bank account or e-wallet.

VII. Filing Procedure and Period

Claims must be filed within one (1) year from the date of involuntary separation. Applications are primarily processed online through the My.SSS Portal.

  1. Secure DOLE Certification: The employee must first visit the DOLE office covering their workplace to get certified as involuntarily separated.
  2. Online Application: Log in to the My.SSS account, navigate to the "Benefits" tab, and select "Apply for Unemployment Benefit."
  3. Verification: The SSS verifies the contribution history and the validity of the separation reason before crediting the funds to the member's enrolled account.

Summary Table: Quick Reference

Feature Details
Max Benefit Amount 50% of AMSC x 2 months
Frequency Once every 3 years
Filing Deadline 1 year from separation
Primary Requirement DOLE Certification
Payment Mode Lump Sum

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.