1) Why this matters (and what “unpaid” can mean)
Employees often discover problems when they:
- try to claim an SSS sickness/maternity/disability/retirement benefit,
- use PhilHealth for hospitalization,
- apply for a Pag-IBIG housing loan, MPL/calamity loan, or claim savings,
…and the agency records show missing or inconsistent contributions.
“Unpaid contributions” generally falls into these scenarios:
No remittance at all Employer did not register you properly and/or never reported you and never paid.
Partial remittance / wrong amounts Employer remitted some months but skipped others, or used the wrong salary credit bracket.
Late remittance Employer remitted but beyond deadlines (still a violation; penalties/interest may apply).
Employee share was deducted but not remitted This is the most serious from a worker-protection perspective: your payslip shows deductions, but agency records do not.
Misclassification / disguised employment You’re treated as “contractor/consultant” but the reality is employee-employer (control test, economic dependence, etc.), resulting in non-coverage.
2) Core principle: the employer carries the legal duty to remit
Across SSS, PhilHealth, and Pag-IBIG:
- Employers must register, report covered employees, deduct the employee share (where applicable), add the employer share, and remit on time.
- Employees should not be prejudiced by an employer’s failure to remit. In practice, however, you may still need to trigger enforcement through a complaint so your records get corrected and the employer is compelled to pay.
3) Governing laws and who enforces what
A. SSS
- Law: Social Security Act (as amended).
- Primary enforcers: SSS (collection/enforcement) and Social Security Commission (SSC) for disputes/appeals in SSS-related cases.
- Typical violations: non-reporting, non-remittance, under-remittance, late remittance, deduction without remittance.
B. PhilHealth
- Law: National Health Insurance laws (including the Universal Health Care framework).
- Primary enforcer: PhilHealth (collection/enforcement), internal adjudication/appeals mechanisms.
C. Pag-IBIG (HDMF)
- Law: HDMF/Pag-IBIG Fund law.
- Primary enforcer: Pag-IBIG Fund/HDMF (collection/enforcement), internal adjudication/appeals mechanisms.
D. DOLE / NLRC (when relevant)
These agencies do not replace SSS/PhilHealth/Pag-IBIG enforcement, but they become relevant when:
- deductions were made but not remitted (a wage-related money issue),
- there are retaliation/illegal dismissal issues tied to your complaint,
- you need labor standards assistance or mediation (e.g., through DOLE SEnA).
Think of it as: Agency complaint to fix contributions + Labor complaint if there’s retaliation or wage-related non-remittance consequences.
4) How to check if you’re missing contributions (before filing)
SSS
Review your SSS contribution records through official member channels (online account or branch inquiry).
Compare posted months and amounts with:
- payslips (employee share deductions),
- employment period,
- your compensation level.
PhilHealth
- Check your member contribution/paid premium history and verify the employer/period.
Pag-IBIG
- Check your Membership Savings / contribution record and posted remittances.
Red flags:
- employer name not appearing,
- gaps during months you were employed,
- amounts inconsistent with your salary,
- employer remitted “0” or “minimum” despite higher salary,
- contribution months exist but show “late posted” patterns.
5) What you can file: complaint types and best forum
Option 1: File directly with the agency (most direct route)
Use this if your main goal is:
- compel payment/remittance,
- update posting/records,
- ensure benefit eligibility.
Option 2: File with DOLE (SEnA) for mediation (helpful add-on)
Use this when:
- you want quicker settlement discussions,
- you want the employer to voluntarily correct remittances,
- you anticipate conflict and want a structured mediation channel.
Option 3: File a labor case (NLRC / appropriate DOLE office) if there’s retaliation
Use this if:
- you were threatened, harassed, constructively dismissed,
- suspended/terminated for complaining,
- coerced to resign,
- pressured to sign waivers.
You can do Option 1 + Option 3 in parallel if needed (contributions enforcement + illegal dismissal/money claims).
6) Evidence checklist (strong documentation wins these cases)
Bring originals + photocopies/scans:
Proof of employment
- employment contract / appointment letter
- company ID, HR emails, onboarding documents
- certificates of employment
- time records, schedules, DTR, job assignments
- screenshots of work systems access (if appropriate)
Proof of salary and deductions
- payslips showing SSS/PhilHealth/Pag-IBIG deductions
- payroll summaries, bank crediting records
- BIR Form 2316 (often shows employer and compensation; not always itemized for contributions but supports employment and salary)
Proof of discrepancy
- agency screenshots/printouts showing missing months or wrong amounts
- your written timeline of employment months vs posted months
Employer identifiers (very important)
- complete company name, branch, and address
- TIN (if known), SSS employer number (if known), PhilHealth employer number (if known), Pag-IBIG employer ID (if known)
- HR/payroll contact details
7) Step-by-step: filing an SSS complaint (unpaid contributions)
Step 1: Prepare a short written complaint
Include:
- your full name, SSS number, contact details,
- employer’s complete name and address,
- your employment period and position,
- the months missing/underpaid,
- whether deductions were made (attach payslips),
- your request: posting/correction and enforcement against employer.
Step 2: File at the proper SSS office
Common starting points:
- SSS branch servicing the employer’s business address, or
- where you are currently residing/where the employer is registered (branch can direct you).
Step 3: SSS evaluation and employer notice
SSS typically:
- validates coverage and employment,
- checks employer reporting/remittance,
- issues demand/assessment for delinquent contributions, penalties, and interest.
Step 4: Possible conferences / clarificatory proceedings
If facts are contested (e.g., employer denies employment or claims you’re a contractor), SSS may require:
- additional documents,
- employer submissions,
- appearances or clarifications.
Step 5: Escalation to formal dispute resolution (if needed)
If there’s a legal dispute on coverage, liability, or amounts, the matter may go through SSS dispute channels and can reach the Social Security Commission for adjudication.
Outcomes you can expect
- employer compelled to remit arrears + penalties,
- correction/posting of contributions (where applicable),
- employer exposure to administrative and potentially criminal liability for willful non-remittance or falsification.
8) Step-by-step: filing a PhilHealth complaint (unpaid premiums/remittances)
Step 1: Secure your PhilHealth premium/remittance history
Get a record that clearly shows the missing periods.
Step 2: File a written complaint with the PhilHealth office
Include:
- member details and PhilHealth number,
- employer details,
- employment period,
- missing months/amounts,
- proof of salary and deductions (if any).
Step 3: PhilHealth employer verification and enforcement
PhilHealth typically:
- checks employer registration and remittance files,
- issues assessments/demand for unpaid premiums and applicable penalties.
Step 4: If you need immediate care
If you are currently seeking hospitalization and discover the gap, ask PhilHealth for:
- guidance on eligibility rules in your situation,
- what documents can support “proof of employment” and “proof of deduction,”
- and what remedies are available while enforcement is ongoing.
9) Step-by-step: filing a Pag-IBIG complaint (unpaid HDMF contributions)
Step 1: Get your Membership Savings / contribution printout
Identify missing months and confirm employer details reflected.
Step 2: Submit a complaint to the Pag-IBIG branch
Include:
- your Pag-IBIG MID number,
- employer details,
- employment period,
- missing remittances and amounts,
- payslips/payroll proof of deductions.
Step 3: Pag-IBIG collection/enforcement
Pag-IBIG typically:
- validates the employer’s remittance obligations,
- demands remittance of arrears plus penalties.
Step 4: Fixing records for loans/benefits
If your immediate concern is a loan application, ask the branch what interim documentation they can accept while the delinquency case proceeds.
10) Special case: employer deducted your share but didn’t remit
This scenario can trigger multiple layers of liability:
- Statutory violation under SSS/PhilHealth/Pag-IBIG rules (non-remittance).
- Money-related labor issue because deductions from wages were not applied properly.
- Potential criminal exposure depending on circumstances (e.g., willful refusal, falsification, misappropriation indicators).
Practical strategy:
- File with the relevant agency and consider DOLE mediation (SEnA).
- If retaliation occurs, prepare to file an NLRC/DOLE labor case for illegal dismissal/constructive dismissal and related money claims.
11) Dealing with “independent contractor” claims by the employer
Employers sometimes avoid remittances by labeling workers as:
- “freelancers,” “consultants,” “project-based,” “talent,” or “agency-hired,”
…but labels don’t control if the reality is employment.
Key factors that often support employee status:
- the company controls how work is done (rules, supervision, schedules),
- you are economically dependent on the company,
- the work is integral to the business,
- you use company tools/systems and follow company policies,
- you are evaluated like an employee and subject to discipline.
If this is your situation:
- collect evidence of control (emails, policies, schedules, directives),
- include it in your complaint to establish coverage.
12) Timelines and practical expectations
Agency cases can move faster when:
- employer identity is clear,
- your proof of employment and deductions is strong,
- the issue is purely delinquency (not a contested employment relationship).
If the employer denies employment or alleges you were never covered, expect:
- more conferences,
- heavier documentary requirements,
- potential formal adjudication.
Tip: Write a clean month-by-month table:
- Month/Year | Employed? | Payslip deduction? | Agency posted? | Notes This makes it much easier for an evaluator to act quickly.
13) Retaliation protections and what to do if punished for complaining
If you are threatened, demoted, harassed, or terminated for raising remittance issues:
What to document immediately
- screenshots of threats/messages,
- memo/notice of HR action,
- performance records before/after you complained,
- witness statements (if any),
- your written narrative with dates.
Where to go
- DOLE SEnA for mediation,
- NLRC (or proper DOLE forum, depending on your employment category and claims) for illegal dismissal/constructive dismissal and damages, where appropriate.
14) Settlement, quitclaims, and “waivers”
Employers sometimes offer cash to sign a waiver/quitclaim while leaving contributions unpaid.
Be cautious:
- a waiver may not stop an agency from enforcing statutory obligations,
- but it can complicate your labor money-claims or weaken your factual narrative if poorly worded.
If settlement is on the table, insist on:
- written commitment to remit specific months and amounts,
- a schedule of payment,
- proof of posting/receipt references once paid,
- and clarity that the settlement does not misrepresent your employment status.
15) Sample complaint template (adapt as needed)
COMPLAINT FOR NON-REMITTANCE / UNDER-REMITTANCE OF CONTRIBUTIONS Date: _______
To: (SSS/PhilHealth/Pag-IBIG Office) I, ________ (Full Name), with (SSS/PhilHealth/Pag-IBIG No.) ________, respectfully file this complaint against:
Employer: ________ Address: ________ Business/Branch: ________ (Employer No., if known): ________
I was employed by the above employer as ________ from ________ to ________. During this period, the employer deducted contributions from my salary (see attached payslips/payroll records). However, my (SSS/PhilHealth/Pag-IBIG) records show missing/incorrect postings for the following months: (list months).
I request that your office:
- verify my coverage and employment;
- require the employer to remit all unpaid/underpaid contributions with applicable penalties; and
- cause the proper posting/correction of my contribution records.
Attached are copies of my proof of employment, proof of deductions, and contribution history reflecting the discrepancy.
Respectfully, (Signature) Name / Contact No. / Address / Email
16) Common questions
“Can I file even if I already resigned?”
Yes. Delinquent remittances can be enforced even after separation. Your documents will usually matter more than your current employment status.
“What if I don’t have payslips?”
File anyway, but strengthen proof through:
- bank payroll credits,
- 2316,
- contract/COE,
- HR emails and records,
- ID, DTRs, schedules, supervision evidence.
“What if the company closed?”
You can still file. Provide the last known address, officers’ names (if available), and any documents showing the employer’s identity. Agencies can pursue collection using available records, though practical recovery may be harder.
“Do I need a lawyer?”
Not always for filing the initial agency complaint. A lawyer becomes more helpful if:
- employment status is heavily disputed,
- there are large amounts,
- there is retaliation/termination,
- you expect litigation or want to pursue criminal/administrative escalation.
17) Practical “best moves” checklist
- Get official contribution/premium/savings printouts (SSS/PhilHealth/Pag-IBIG).
- Build a month-by-month discrepancy table.
- Collect payslips/payroll proof showing deductions.
- File with the specific agency first (SSS/PhilHealth/Pag-IBIG).
- Use DOLE SEnA if you want mediated settlement and faster employer engagement.
- Escalate to labor claims if retaliation/termination happens.
- Track everything (dates, names of officers, reference numbers, stamped receiving copies).
If you want, paste (a) your employment dates, (b) which contributions are missing and for what months, and (c) whether deductions appear on your payslips—then I’ll draft a tighter, ready-to-file complaint with a clean month-by-month annex.