SOCIAL WELFARE LEGISLATION

COMPARATIVE CHART
Basis
Coverage
Employee -

ECC
Work-related illness or injury

SSS
Occurrence of contingency whether or
not work-connected

GSIS
Occurence of contingecy whether or
not work-connected

Not over 60 years of age

Over 60 years but paying
contributions to qualify for
retirement or life insurance

Compulsory
Compulsory
all employees not over 60 years
All persons who have not
including:
reached the compulsory
domestics receiving at least
retirement age, irrespective of
P1,000 a month
employment status
Self-employed
EXCEPT:
individual farmers and
members of AFP and PNP
fisherfolk
contractuals who have no
partners and sole-proprietors
employer-employee
relationship with agency
actors/ actresses/ news
serviced
correspondents/
scriptwriters
professional athletes, coaches,
trainers and jockeys
Voluntary
Overseas Filipino Workers
Spouse devoting full-time to managing
household affairs (unless engages
in vocation subject to mandatory

Employer

coverage)
All employers (private or public) Employers in private sector

Definition of
employee

Any person compulsorily

covered by GSIS or SS
Any person employed as casual,
emergency, temporary,
substitute or contractual

Definition of
employer

Any person employing services of

employee (whether in the public or
private sector)

All government agencies and

instrumentalities, including GOCCs
Any person who performs services for Any person receiving compensation
while in the seervice of an
an employer in which physical
and/or mental efforts are used and employer, whether by election or
appointment, irrespective of status
who receives compensation for
of appointment, including barangay
such services, where there is an
and sanggunian officials.
employer-employee relationship
Self-employed is both employer and
NOTE -- COMPENSATION is
employee
THE FOLLOWING, however, are not defined as:
Basic pay or salary received
considered employment:
excluding:
Purely casual employment
per diems
Service on alien vessel outside
bonuses
Philippines
OT pay
Government service
honoraria
Service for foreign organization or
allowances
government
Other services of temporary and other other emoluments in addition to
basic pay not integrated in
employees excluded by SSC
basic pay
Any person who carries on in the
The national government, its
Philippines any trade, business, industry political subdivisions, branches,
or undertaking or activity and uses
agencies or is\nstrumentalities,
services of another who is under his
including GOCCs and financial

orders as regards the employment

EXCEPT government (or GOCCs)
(It therefore relates only to private sector
employment)
Beneficiaries
Primary

Secondary

Tertiary

Dependents

Dependent spouse until he

remarries
Dependent children

Dependent parents
Illegitimate children and
legitimate descendants
(subject to restrictions on
dependent children)

Legitimate, legitimated, legally

adopted or acknowledged
natural child who is:
unmarried
not gainfully employed
not over 21 years of age or
over 21 UNLESS he is

institutions with original charters,

the constitutional commissions and
judiciary (It therefore relates to
public sector employment.)

Dependent spouse until he remarries

Legal dependent spouse until
Dependent legitimate, legitimated,
he/she remarries
legally adopted or illegitimate
Dependent children
children (Leg. Children get only
50% share of legitimate or adopted
ones unless there are no legitimate
or adopted children)
Dependent parents
Dependent parents
Legitimate descendants, subject
to restrictions on dependent
children
Any person designated as beneficiary
by the employee
Legitimate, legitimated, legally
adopted or illegitimate child who is:
unmarried
not gainfully employed
has not reached 21 years of age or
over 21 UNLESS he is incapable
of self-support due to physical or

Legitimate, legitimated, legally

adopted or illegitimate child who
is:
unmarried
not gainfully employed
is not over age of majority
UNLESS he is incapable

Benefits

Entitlement to

incapable of self-support due

to physical or mental defect
which is congenital or
acquired during minority
Legitimate spouse living with
employee
Parents of employee wholly
dependent on him for regular
support
Medical Benefits
Rehabilitation services
Temporary Total Disability
Permanent Total Disability
Permanent Partial Disability
Death Benefit
Funeral Benefit

NONE available

mental defect which is congenital

or acquired during minority

Legal spouse entitled by law to

receive support from member
Parent who is receiving regular
support from member

Sickness benefit
Permanent Total Disability
Permanent Partial Disability
Death benefit
Funeral benefit
Retirement benefits

Member has reached age of 60 or 65

of self-support due to
physical or mental defect
acquired prior to age of
majority
Legitimate spouse dependent for
support on member
Parents dependent on member
for support

Temporary Total Disability

Permanent Total Disability
Permanent Partial Disability
Survivorship benefit
Funeral benefit
Retirement benefits
Separation benefit
separation
unemployment or involuntary
separation
Insurance
Compulsory
Optional
OPTIONAL - Member meets ff:

 has worked for at least 15 years;

is at least 60 years of age at time
of retirement; and
is not receiving monthly pension
benefit from permanent total
disability

retirement benefits

Disabilities deemed
permanent total

Temporary total disability lasting

over 120 days
Complete loss of sight in both
eyes
Loss of two limbs at or above
the ankle or wrist
Permanent complete paralysis of
two limbs
Brain injury resulting in
incurable imbecility or
insanity
Other cases determined by
Medical Director of SSS

Complete loss of sight in both eyes

Loss of two limbs at or above the
ankle or wrist
Permanent complete paralysis of two
limbs
Brain injury resulting in incurable
imbecility or insanity
Other cases determined by SSS

COMPULSORY - Member is 65
years with at least 15 years of
service (if service is less than 15
years, he may be allowed to
continue in accordance with Civil
Service Rules and Regulations)
Complete loss of sight in both
eyes
Loss of two limbs at or above
the ankle or wrist
Permanent complete paralysis of
two limbs
Brain injury resulting in
incurable imbecility or
insanity
Other cases determined by GSIS

 System excused
from liability

For all contingencies in the ff.

cases:
intoxication
willful intent to injure or kill
ones self or another
notorious negligence

Complete and permanent loss of use

Disabilities
deemed permanent of a digit, limb, ear (or both ears),
hearing in one or both ears, or sight
partial
in one eye
Funeral Benefit P10,000
amount
Who pays
Employer
remittances?
Notice requirement
Employee to notify employer
within 5 days from injury or
illness (unless it is no longer
necessary under the
exceptions)
Employer to record the same in
logbook within 5 days from
notice
Employer to notify SSS or
GSIS within 5 days from
recording in logbook

Complete and permanent loss of use of a

digit, limb, ear (or both ears), hearing in
one or both ears, or sight in one eye
P12,000
Employer and employee

For permanent disability, in the ff.

cases:
grave misconduct
notorious negligence
willful intent to kill self or
another
habitual intoxication
Complete and permanent loss of use
of a digit, limb, ear (or both ears),
hearing in one or both ears, or sight
in one eye
P12,000 (to be raised to P18,000 in
year 2002)
Employer and employee

Employee to notify employer within 5

days from injury or illness (unless
it is no longer necessary under the
exceptions)
Employer to notify SSS within 5 days
from notice

Effect of erroneous
payment

SSS absolved unless notified of

other claim prior to payment

Dispute settlement

Exclusiveness of
benefits

May apply for same benefits

under SSS, if in private
sector.
May apply for same benefits
under GSIS, if in public
sector (applying Maao Sugar
Central vs. CA case)

File claim with SSS or GSIS

Appeal to ECC
Appeal to CA
Appeal to SC

Legal and eligible claimant may still

demand benefits, without prejudice
to right of GSIS to sue improper
claimant
File claim with SSS
File claim with GSIS
Appeal to Social Security Commission Appeal to GSIS Board
Appeal to CA
Appeal to CA
Appeal to SC
Appeal to SC
May apply for same benefits in EC, if
in private sector.
May not receive benefits for same
contingency under GSIS unless
GSIS offers more (he may then
receive deficiency)

Whenever other laws provide

similar benefits for the same
contingencies, member who
qualifies has option to
choose. If benefits chosen are
less than under GSIS, he may
get difference.
However, with respect to workconnected illness and injuries, he
may also recover in full under
ECC, applying the Maao Sugar
Central vs. CA case