I. Introduction

The rise of flexible work arrangements in the Philippines—on-call, reliever, “reserve,” and intermittent work—has created recurring questions:

Are on-call workers covered by the Social Security System (SSS)?
How are contributions computed when work and pay are irregular?
What SSS benefits can they claim, and what happens if the employer never reported them?

This article explains, from a Philippine legal standpoint, how social security rules apply to on-call employees, based mainly on:

The Social Security Act of 2018 (Republic Act No. 11199) and its predecessor laws;
The Labor Code of the Philippines, as amended; and
Implementing rules and long-standing SSS and DOLE practice and jurisprudential principles.

The focus is on private-sector on-call workers. Government on-call workers (in offices covered by GSIS) are governed by a different social security system.

II. Legal Framework

A. Social Security Act of 2018 (RA 11199)

RA 11199 is the primary law governing SSS. Among others, it:

Defines who are compulsorily covered;
Sets out employer obligations to register employees and remit contributions;
Prescribes benefits: sickness, maternity, disability, retirement, unemployment, death, funeral, and loan programs;
Imposes penalties on employers that fail or refuse to register or remit contributions.

A key principle: Coverage is based on the existence of an employer–employee relationship, not on the label of the worker’s contract (“on-call,” “casual,” “consultant,” etc.).

B. Labor Code Framework on Employment Status

The Labor Code does not define “on-call employee” as a separate category. However, an on-call worker may fall into any of the traditional classifications:

Regular employee – engaged to perform activities usually necessary or desirable to the employer’s business, or who has rendered at least one year of service (continuous or broken) in such activities.
Casual employee – work not usually necessary or desirable in the business; may become regular with sufficient length of service.
Project or seasonal employee – engaged for a specific project or season.
Part-time employee – works fewer hours than regular full-time employees.

Any of these can be on-call (called only when needed, no fixed schedule). The key SSS question is whether there is an employer–employee relationship, not whether work is full-time or predictable.

III. Who Is an On-Call Employee?

Philippine law does not give a statutory definition of “on-call employee,” but in practice it typically refers to a worker who:

Is engaged by an employer to perform work only when called or scheduled, often on short notice;
Has no guaranteed regular schedule or minimum number of hours;
Is often paid based on hours actually worked, days worked, or tasks completed;
May work for multiple entities on an as-needed basis.

Common examples:

On-call waiters or banquet staff in hotels and restaurants;
Reliever nurses, caregivers, or clinic staff;
Event crew, sound and light technicians, promo merchandisers;
On-call drivers or delivery riders engaged as employees (not as independent contractors);
Retail “on-call” merchandisers, stockers, and cashiers during weekends or sale periods.

Again, being on-call does not automatically mean being a freelancer or independent contractor. The real question is control and relationship, addressed next.

IV. Determining Employer–Employee Relationship for On-Call Workers

SSS coverage hinges on whether the worker is an employee. Philippine jurisprudence uses mainly the four-fold test:

Selection and engagement of the employee
Payment of wages
Power of dismissal
Power of control over the means and methods by which work is performed (the most important element)

Applied to on-call workers:

If the company chooses the worker, schedules and assigns them, pays them wages, may discipline or stop giving them work, and controls how the work is done (company rules, supervision, required attendance, use of company tools), then an employer–employee relationship generally exists.
If the worker bills a professional fee, is free to substitute others, decides how to perform the job with no meaningful supervision, uses their own tools, and bears the risk of loss, then the relationship may be independent contracting (self-employed for SSS purposes).

SSS and DOLE are not bound by the contract label (“on-call talent,” “independent contractor,” “freelancer”) and will look at actual work conditions.

V. Compulsory SSS Coverage of On-Call Employees

A. Who Are Compulsorily Covered as Employees

Under RA 11199, the following are covered as compulsory SSS members:

All employees in the private sector, not over a certain age (generally 60 for new coverage), regardless of employment status (regular, casual, project, seasonal, part-time, probationary, etc.);
Domestic workers (kasambahays) under certain conditions;
OFWs (under separate provisions);
Self-employed persons under their own section.

The law emphasizes “regardless of employment status”. This means that on-call status does not exclude a worker from SSS coverage if an employer–employee relationship exists.

B. Effect of Irregular Work and Pay

Even if a worker:

Works only some days in a month, or
Works only occasionally (e.g., a few events per year), or
Has highly variable income,

they are still compulsorily covered for each month in which they render service and earn compensation, subject to the minimum rules set by SSS.

The employer’s obligation to cover and remit contributions is not conditioned on full-time or regular schedules.

VI. Contribution Obligations for On-Call Employees

A. Reporting and Registration

Once an on-call worker is engaged as an employee:

The employer must require the worker’s SSS number (or assist in securing one).
The employer must report the worker for coverage to SSS, typically within a specific period (e.g., 30 days from employment).
The employer must include the worker in monthly contribution reports, even if only some months have actual contributions (because the worker may not have rendered work every month).

Failure to report the worker does not deprive the worker of SSS coverage; it merely increases the employer’s liability and penalties later.

B. Determining the Monthly Salary Credit (MSC)

SSS contributions are based on the Monthly Salary Credit (MSC), which is chosen from a schedule corresponding to ranges of monthly earnings. For on-call workers:

Total actual compensation in a month (from that employer) is summed up:
- Hours worked × hourly rate, or
- Days worked × daily rate, plus allowances forming part of wage, etc.
That amount is matched with the appropriate MSC bracket.
The contribution due (employee share and employer share) is computed based on the MSC.

Key points for on-call workers:

If they do not work in a given month and receive no pay, that employer need not remit contributions for that month for that employee.
If they receive very low pay, contributions are based on the lowest MSC applicable under SSS rules, subject to any minimum thresholds.
If they have separately on-call jobs with different employers, each employer remits its corresponding contributions based only on what that employer pays the worker.

C. Payment and Deadlines

Employers must:

Withhold the employee’s share of contributions from wages;
Add the employer’s share;
Remit the total to SSS by the prescribed deadlines.

For on-call workers, this may require careful:

Timekeeping and payroll records;
Monitoring which months the worker actually earned compensations.

Late or non-remittance results in interest, penalties, and potential criminal liability for the employer.

VII. SSS Benefits and On-Call Employees

Being on-call does not reduce the type of SSS benefits available. What matters is whether the employee meets the contribution-related qualifying conditions, which do not require continuous or full-time employment.

Below are the main SSS benefits and how on-call employees fit into each.

1. Sickness Benefit

What it is: Daily cash allowance for days the member is unable to work due to sickness or injury, and confined in a hospital or at home for at least the minimum period set by SSS.

For on-call employees:

They can qualify if they have the required number of paid contributions within the prescribed period before the semester of contingency.
Contributions from multiple employers and different employment spells are aggregated.
Irregular work schedules do not matter as long as the required contributions exist.
Employers must certify that the employee did not receive full pay for those days and that the employer has no pending obligations relevant to the claim.

2. Maternity Benefit

What it is: For female members, a cash benefit for childbirth or miscarriage, subject to the Expanded Maternity Leave Law and SSS rules.

For on-call employees:

A female on-call employee can claim if she has the required number of monthly contributions in the relevant look-back period before the semester of childbirth or miscarriage.
Continuity of employment is irrelevant; she may have worked on-and-off for different employers.
If multiple employers exist during the relevant period, all reported contributions count.
The benefit is paid directly by SSS (with separate obligations under labor law on maternity leave pay for certain employees).

On-call status does not diminish entitlement as long as she is a covered female member with sufficient contributions.

3. Disability Benefit

What it is: Monthly or lump-sum benefit for partial or total disability.

For on-call employees:

Qualification depends on the number and timing of contributions, not on having a full-time or regular schedule.
An on-call employee who becomes disabled and has accumulated sufficient contributions may be entitled to a disability pension or lump sum, depending on SSS rules.

4. Retirement Benefit

What it is: Pension or lump sum upon reaching retirement age and meeting contribution requirements.

For on-call employees:

Their on-and-off employment can span many years, with contributions coming from various on-call jobs (and possibly from periods as self-employed or voluntary members).
SSS counts the total number of credited years of service based on contributions, not continuous employment with a single employer.
As long as they meet the minimum contributions and age requirement, they may receive a retirement pension or lump sum.

On-call work can still lead to a decent retirement benefit if contributions are consistently made, even in small amounts over many years.

5. Unemployment Benefit (Involuntary Separation)

What it is: Cash benefit for members who are involuntarily separated from employment due to authorized causes (e.g., retrenchment, redundancy, installation of labor-saving devices) or closure of business.

For on-call employees:

They may qualify if:
- They are legitimately employees, and
- Their separation meets the conditions (involuntary, not due to their fault, etc.), and
- They have the required number of contributions in the period prescribed by SSS, plus age limits.
On-call status does not automatically disqualify them; the key is whether the separation fits the legal definition and contribution requirements are met.

6. Death and Funeral Benefits

What it is: Benefits paid to beneficiaries upon the member’s death, and a separate funeral grant.

For on-call employees:

If they have accumulated sufficient contributions as SSS members, their beneficiaries (primary or secondary as defined by law) can receive these benefits.
On-call workers who die while actively contributing or who have enough past contributions can thus provide some financial protection to their families.

7. Loans (Salary and Calamity Loans, etc.)

SSS loan eligibility (e.g., salary loans, calamity loans) generally depends on:

Number of contributions paid;
Whether the member has updated contributions;
Good standing on previous loans.

For on-call employees:

They can avail of loans if they meet the contribution and other requirements, even if their jobs are intermittent.
The fact that they are on-call does not bar them from borrowing, although their ability to maintain good payment records may be affected by irregular income.

VIII. On-Call Workers as Self-Employed or Voluntary Members

Some on-call workers are not employees at all but true freelancers or independent contractors. For example:

An event photographer with multiple clients, who controls his own methods, equipment, rates, and schedules;
A freelance consultant paid professional fees;
On-call resource speakers or trainers with short-term professional engagement contracts.

These individuals may register as:

Self-employed SSS members – required if they earn at or above certain thresholds; or
Voluntary members – if they were previously employed and wish to continue coverage even without an employer.

In that case:

They pay the entire contribution (both employer and employee shares) themselves;
Their benefits are the same types as other members, but based on contributions they alone remit.

However, when a supposed “freelancer”:

Is treated like an employee (supervised, controlled, disciplined, scheduled);
Does not have real entrepreneurial risk;
Uses company tools and is integrated into operations;

SSS and DOLE may treat them as employees, making the principal liable for employer contributions and penalties.

IX. Employer Liability and Penalties

If an employer engages on-call workers as employees but fails to:

Register them with SSS; or
Pay and remit their contributions,

RA 11199 and earlier SSS laws impose serious liabilities:

The employer is directly liable to SSS for all unpaid contributions (employer and employee shares), plus interest and penalties.
If a contingency (sickness, maternity, disability, death, retirement, unemployment) occurs, SSS may still pay the employee’s benefit, but the employer may be required to reimburse SSS and may face criminal prosecution.
Civil actions can be filed to collect contributions, independent of criminal cases.
Officers or responsible corporate officials may be held personally liable in some circumstances.

Importantly, failure to report an employee does not invalidate the employee’s coverage, as the law is to be liberally construed in favor of labor and social justice.

X. Interaction with Other Social Legislation: PhilHealth and Pag-IBIG

Though this article focuses on SSS, on-call employees often raise parallel issues under:

PhilHealth – health insurance coverage, also compulsory for employees;
Pag-IBIG Fund (HDMF) – savings and housing fund contributions.

Generally:

Once a worker qualifies as an employee under labor law, they are likewise compulsorily covered by PhilHealth and Pag-IBIG, irrespective of being on-call or part-time.
Employers have similar reporting and remittance obligations for these agencies.

This reinforces the principle that on-call status does not diminish statutory social protection.

XI. Practical Guidance

A. For Employers Using On-Call Workers

Assess the true relationship.
- Apply the four-fold test. If there is control and integration into your business, treat them as employees.
Register and report.
- Ensure all on-call employees have SSS numbers and are properly reported as employees.
Establish clear but lawful contracts.
- You may specify “on-call status,” irregular hours, and no guarantee of minimum work, but do not attempt to waive SSS obligations, as such waivers are generally void.
Maintain accurate time and pay records.
- Track actual hours/days worked and compensation for each month, so you can compute the correct MSC.
Remit contributions on time.
- Remember that failure to remit contributions, even for on-call workers, exposes the company and its officers to significant penalties and possible criminal liability.
Align HR, payroll, and legal.
- HR must understand that even casual or on-call staff are usually employees for SSS purposes; payroll must accurately compute contributions; management must enforce compliance.

B. For On-Call Employees

Secure an SSS number and register.
- If a new employer engages you and you don’t yet have a number, request assistance or apply directly.
Check if your employer is reporting you.
- Compare your pay slips and employment records with your SSS online account contribution postings.
Be wary of misclassification.
- If you are heavily controlled, use company tools, and are integrated into their operations, yet labeled “independent contractor,” your SSS rights may be at risk.
Consider voluntary or self-employed membership.
- If you have gaps between on-call engagements or periods where you are truly freelance, you can pay contributions yourself to avoid coverage gaps.
Keep your records.
- Preserve pay slips, contracts, schedules, and text or email confirmations of your work assignments. These can be vital if you need to prove an employment relationship or make SSS claims later.

XII. Common Scenarios

1. Event-Based Hotel Workers

A hotel calls certain workers only when there are large banquets or functions.
They wear uniforms, follow hotel rules, are supervised by hotel managers, and are paid per shift.

They are employees of the hotel for SSS purposes. The hotel must register them as employees and remit contributions for months when they work and are paid.

2. On-Call Nurse in a Private Clinic

A nurse is only called when another nurse is absent or when patient load is high.
She uses clinic equipment, obeys clinic protocols, and is supervised by the head nurse or physician.

She is generally an employee of the clinic. The clinic must cover her under SSS and remit contributions based on monthly total earnings.

3. Freelance Graphic Artist with Multiple Clients

The artist works from home, sets their own hours, uses personal equipment, sets professional fees, and bears the risk of non-payment.

This is more likely independent contracting. The artist should register as a self-employed SSS member and pay contributions personally.

4. On-Call Worker Not Reported to SSS, Then Becomes Disabled

The worker has been on-call with a company for years, but was never registered and no contributions were paid, despite clear control.
He becomes partially disabled while performing work.

In principle, SSS may still treat him as a covered employee and grant benefits, and the employer can be pursued for unpaid contributions, penalties, and reimbursement. The worker may also have a basis for administrative and/or judicial complaints.

XIII. Conclusion

In Philippine law, social security coverage follows the reality of the employment relationship, not the label of the arrangement. On-call workers:

Are often employees, even if they have irregular hours, no guaranteed schedule, or temporary engagements;
Are therefore compulsorily covered by SSS where an employer–employee relationship exists;
Can qualify for the full range of SSS benefits—sickness, maternity, disability, retirement, unemployment, death, funeral, and loans—based on contributions that may accumulate over a lifetime of mixed and intermittent jobs.

For employers, using on-call labor does not eliminate SSS obligations. For workers, on-call status does not diminish social security rights. The prudent path for both sides is to accept that flexibility in scheduling must coexist with strict compliance with RA 11199 and related social legislation.