Illegal or Double Payroll Deductions for SSS Contributions: What Employees Can Do

Overview

In the Philippines, Social Security System (SSS) coverage for private-sector employees is generally compulsory, and employers are mandated to (1) register covered employees, (2) deduct the employee share from wages, and (3) remit both the employee and employer shares to SSS. Because SSS deductions are authorized by law, an employer may lawfully deduct only the correct employee share—but any excess, duplicate, or misapplied deduction can become an illegal or unauthorized wage deduction and may also signal non-remittance or other violations under SSS law and labor standards.

This article explains what “double” or “illegal” SSS deductions look like, what’s actually allowed in payroll practice, how to spot red flags, and what remedies employees can pursue through company channels and government processes.


1) SSS Contributions in Payroll: What’s Normal

A. Employer share vs. employee share

SSS contributions are typically shared between:

  • Employer share (paid by the employer), and
  • Employee share (deducted from the employee’s wages)

Key rule: The employer cannot lawfully pass its share to the employee by deducting it from the employee’s pay.

B. Monthly contribution basis and payroll frequency

SSS contributions are computed on the employee’s monthly compensation (using SSS contribution schedules). Many employers pay salaries semi-monthly or biweekly, so they may:

  • Deduct the employee share in full in one cutoff, or
  • Split the employee share across two cutoffs (e.g., half per payday)

Important: Seeing two SSS deductions within the same month is not automatically “double deduction” if they add up to one correct monthly employee share.

C. Posting delays and “missing months”

Even if deductions were made correctly, the employee’s online SSS record may show a delay in posting. A month that looks “unposted” right away is not proof of non-remittance by itself; it becomes suspicious when:

  • Several months remain missing beyond a reasonable posting period, or
  • The employee’s payslips show deductions but SSS records consistently do not reflect them.

D. SSS deductions vs. SSS loan deductions

A common source of confusion is a payroll line item labeled “SSS” that mixes:

  • SSS contribution, and/or
  • SSS salary/calamity loan amortization

An employee may think the deduction is “double” when one entry is the contribution and the other is a loan payment. Payslips should itemize these separately.


2) What Counts as Illegal or Double Deductions

A. True double deduction (duplicate withholding)

These situations are usually improper unless promptly corrected:

  • Two separate deductions for the same payroll period (same cutoff) without a valid adjustment reason
  • Repeating a deduction for a month that was already correctly withheld and accounted for, without transparent computation

B. Excessive deduction (more than the employee share)

This includes:

  • Deducting an amount that exceeds the correct employee share under the applicable SSS table
  • “Rounding up” in a way that consistently over-collects
  • Deductions that do not match any valid salary credit bracket

C. Charging the employer share to the employee

Red flags include:

  • Payslip deductions that approximate the entire contribution (employee + employer) rather than only the employee portion
  • Payroll explanations like “we deduct the total, then the company reimburses later” that never actually reconcile

D. Unauthorized retroactive deductions (catch-up deductions)

Employers sometimes attempt to “catch up” by deducting prior months’ employee shares in bulk after failing to withhold before. This is risky and often unlawful as a wage deduction if:

  • There’s no clear legal basis for retroactive wage withholding of past periods,
  • There’s no proper disclosure and written authorization, and/or
  • The employer is effectively shifting its statutory compliance failure to the employee

As a practical matter, where the employer failed to deduct and remit correctly at the time required, the employer may still be treated as liable for delinquent contributions and related consequences under SSS rules—employees should not quietly shoulder the compliance gap through surprise deductions.

E. Deductions without remittance (the most serious pattern)

A particularly serious violation is:

  • The employer deducts SSS from wages, but does not remit it (or remits inconsistently/partially)

This can jeopardize benefit eligibility, loan approvals, and contribution history—although SSS law and policy generally aim to protect members and allow enforcement against delinquent employers.

F. Misreporting compensation (under-remittance and benefit harm)

Some employers deduct the correct amount from the employee but report a lower salary credit to SSS to reduce employer cost. Consequences include:

  • Lower sickness/maternity/unemployment/retirement computations
  • Problems in benefit claims and loan approvals

G. Deductions during no-pay periods

If an employee receives no wages for a payroll period (e.g., unpaid leave), any “SSS deduction” taken from a zero-pay slip is suspicious unless it’s a properly authorized adjustment. SSS contributions normally track compensation; payroll should not fabricate deductions from nothing.


3) Legal Framework Employees Can Rely On (High-Level)

A. SSS law obligations (Social Security Act of 2018 and related rules)

As a matter of law and implementing rules:

  • Employers must register employees and report accurate compensation
  • Employers must collect and remit contributions on time
  • Failure to comply can lead to assessments, penalties, and potentially criminal liability for willful violations such as non-remittance or falsification

B. Labor standards on wage deductions (Labor Code principles)

Even when a deduction is generally “allowed” (SSS is authorized by law), labor standards still require that:

  • Deductions are correct, properly accounted for, and not abusive
  • Employees are given transparency through payroll records
  • Unauthorized or excessive deductions can be treated as illegal deductions / underpayment of wages

C. Payslip and payroll transparency

Employers are required to provide payroll documentation that shows wage computations and deductions. In disputes, payslips and payroll registers are key evidence.


4) How Employees Can Confirm if the Deduction Is Illegal

A. Match three records

To identify whether you’re dealing with a payroll error, a posting delay, or a real violation, compare:

  1. Payslips (what was deducted and when)
  2. SSS online contribution history / member record (what was posted for each month)
  3. Employment/payroll calendar (how the employer splits deductions per cutoff)

B. Identify the exact “month” being paid

A common payroll confusion:

  • The cutoff ending in early next month may still be part of the prior month’s payroll cycle, depending on company practice. Clarify which contribution month the deduction corresponds to.

C. Check whether the “extra” item is an SSS loan

Look for separate lines such as:

  • “SSS Contribution”
  • “SSS Loan”
  • “SSS Calamity Loan” If not itemized, request a breakdown.

D. Compute the total monthly withheld amount

If two deductions happen in a month, add them. If the sum equals one correct monthly employee share, it may be normal splitting rather than double deduction.

E. Watch for patterns

One-off mistakes can happen; patterns indicate bigger issues:

  • Deductions taken but contributions not posted over multiple months
  • Amounts that keep exceeding typical employee shares at your compensation level
  • Sudden “catch-up” deductions without clear computation

5) Step-by-Step: What Employees Can Do

Step 1: Request a written payroll explanation and reconciliation

Ask HR/payroll for:

  • The basis of the SSS deduction amount (salary credit bracket used)

  • Whether it includes any loan amortization

  • A month-by-month reconciliation of:

    • Employee deductions (per payslip)
    • Employer remittances (per month)
    • Any adjustments made

Request that they correct payroll records and issue a written explanation.

Step 2: Demand refund or correction (when warranted)

If the employer deducted too much or deducted twice, request:

  • Immediate refund via payroll (as a separate pay item), or
  • Offset in the next payroll (with a clear computation)

If the issue is non-remittance, demand:

  • Proof of remittance (official filing/payment references used for SSS remittance processes), and
  • A firm timeline for posting/correction

Step 3: Preserve evidence

Keep:

  • Payslips showing the deductions
  • Screenshots/printouts of your SSS contribution history
  • Employment contract and payroll policies (if available)
  • Messages/emails with HR/payroll acknowledging the issue

Step 4: Use the DOLE Single Entry Approach (SEnA) for quick settlement

For wage deduction disputes, employees commonly initiate a SEnA request for mandatory conciliation-mediation. This is often the fastest way to obtain:

  • Refund of illegal deductions
  • Correction of payroll practices
  • Payment of money claims

If unresolved, the case may be referred to the proper forum (e.g., NLRC).

Step 5: File a labor standards complaint for illegal deductions / money claims

Depending on the circumstances (amounts, employment status, and dispute nature), employees may pursue:

  • Claims treating illegal deductions as unpaid wages
  • Orders for reimbursement/refund
  • Corrections to payroll practices and records

If retaliation occurs (discipline, harassment, termination) because you asserted your rights, separate remedies may exist under labor law (e.g., illegal dismissal or unfair labor practice theories depending on facts).

Step 6: File a complaint with SSS for non-remittance, under-remittance, or misreporting

SSS enforcement mechanisms can include:

  • Employer compliance checks/investigations
  • Assessments for delinquent contributions and penalties
  • Referral for prosecution in appropriate cases

SSS complaints are especially important when the dispute involves:

  • Deductions with no posting over multiple months
  • Underreported compensation (lower salary credit than actual)
  • Employer refusing to correct remittance issues

Step 7: Understand possible criminal exposure (and why it matters)

Willful non-remittance or falsification-related conduct can carry criminal consequences under SSS law. Practically, employees often do not personally prosecute; SSS typically drives enforcement once a case is documented.


6) Remedies and What Outcomes Look Like

A. Refund of illegal or excess deductions

Typical outcomes include:

  • Payroll refund of excess/duplicate amounts
  • Offsetting future deductions with written accounting

B. Posting/correction of SSS contributions

If remittance was late or incorrect, the employer may be required to:

  • Pay delinquent contributions and penalties
  • Correct reporting to reflect actual compensation
  • Ensure contributions are properly posted to the employee’s record

C. Recovery as unpaid wages + possible additional monetary consequences

If illegal deductions are treated as wage underpayment, employees may seek:

  • Payment/refund of the deducted amounts
  • In appropriate cases, legal interest and attorney’s fees under labor standards principles (depending on forum and findings)

D. Protection against retaliation

If an employee is penalized for complaining, available labor remedies can include:

  • Reinstatement (in illegal dismissal cases)
  • Backwages and related monetary awards, depending on the factual circumstances and adjudication

7) Common Employer Explanations—and How to Evaluate Them

“We split SSS into two deductions per month.”

Usually acceptable if the total equals the correct employee share and it corresponds to the correct contribution month.

“It’s not double; the other line is your SSS loan.”

Acceptable if the payslip clearly separates contribution vs. loan amortization and the loan is legitimate.

“We deducted extra to cover previous months.”

Potentially improper if done without transparent computation and a lawful basis for retroactive wage deductions. Demand an itemized reconciliation and consider escalation if coercive or excessive.

“Your SSS isn’t posted yet; it takes time.”

Sometimes true. Ask for remittance proof and check whether delays are isolated or chronic. Multi-month gaps are a stronger red flag.

“We report a lower salary credit; that’s just how we do it.”

Not acceptable. SSS reporting should reflect actual compensation within applicable rules; underreporting can harm benefits and may violate SSS requirements.


8) Practical Checklist for Employees

  • Review every payslip line: distinguish SSS contribution vs SSS loan
  • Track monthly totals: two deductions in a month can be normal splitting
  • Check SSS contribution history regularly, not just when problems arise
  • Act early: the longer a non-remittance pattern continues, the harder it becomes to fix benefit-related issues quickly
  • Keep records: payslips and SSS history are the backbone of any claim

Sample Language: Written Request for Correction (Short Form)

Subject: Request for Reconciliation and Correction of SSS Deductions/Remittances

I am requesting a written reconciliation of my SSS payroll deductions and the corresponding monthly remittances/reporting to SSS for the period of __________ to __________. My payslips reflect SSS deductions of __________ (dates/amounts), but my SSS contribution history reflects __________ (missing months/amount mismatch).

Please provide:

  1. The computation basis for each deduction (salary credit/bracket used),
  2. A breakdown distinguishing SSS contributions vs any SSS loan amortizations, and
  3. Proof of remittance/reporting per month and the corrective action timeline for any discrepancies.

If there were excess or duplicate deductions, I request refund/adjustment in the next payroll with a written computation.


Bottom Line

Employees in the Philippines can lawfully be deducted only the correct employee share of SSS contributions (and legitimate SSS loan amortizations, if applicable). “Double” deductions become actionable when they are duplicate for the same coverage period, excessive, shift the employer share, or are tied to non-remittance/underreporting. The practical enforcement path is: document → demand reconciliation/refund → conciliation (SEnA) → labor standards action and/or SSS complaint, with stronger legal consequences when willful non-remittance or falsification is involved.

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