In an Advisory issued on 2 June 2020, the Social Security System (SSS) announced the requirement to refund or return the Small Business Wage Subsidy (SBWS) received by employees under certain instances, discussed below. The directive is based on the SBWS Program Task Force Resolution No. 2. The instances when the refund/return is required, and the procedure for the refund, are discussed below.
WHO ARE REQUIRED TO REIMBURSE
The following are required to refund or reimburse the amount disbursed by the SSS under the SBWS program:
- 1. Employers who fail to maintain the employment status of their employee-beneficiaries within the original SBWS period, from 17 March 2020 to 31 May 2020. [Note: That is a reproduction of the SSS Advisory. The text of Resolution No. 2, however, provides that the return policy covers employers who “failed to maintain the employment status of all employee beneficiaries before the ECQ and other forms thereof and throughout the SBWS.”]
- 2. Employee-beneficiaries who resign during the period when enhanced community quarantine, modified enhanced community quarantine, or general community quarantine, is imposed in the region or local government unit where the place of business of his/her employer is found. [Note: The full text of Resolution No. 2 reads: “Employees who resigned during the period of ECQ and other forms thereof imposed in Luzon and other parts of the country shall return to the government the amount of wage granted.”]
- 3. Employers who misrepresented in their application any material fact relevant to the eligibility of their employees.
VOLUNTARY RETURN
Voluntary return of the amount received under the SBWS program shall be accepted until 15 June 2020. Payment is to be made at the nearest Landbank branch; over-the-counter deposit to the Bureau of Treasury (BTr) bank account with the following details:
- Land Bank Account Number: 0012-1188-80
- Account Name: Refund of Small Business Wage Subsidy
Upon deposit of the subsidy amount, the employer or employee must submit the scanned copy of the validated deposit slip to the SSS by email at SBWSSreturns@sss.gov.ph with the following information:
For employers:
- 1. Name of employer and SSS ID number
- 2. Name(s) of employees(s)
- 3. SSS number and amount deposited for each employee
- 4. Reason for the return
- 5. Total amount deposited
- 6. Date and time of deposit
For employees:
- 1. Name of employee and SSS number
- 2. Name of employer and SSS ID number if known
- 3. Reason for the return
- 4. Date and time of deposit
INVOLUNTARY RETURN
Upon determination by the Commission on Audit during its post-audit of the SBWS Program that an employer or an employee committed an act on the ground of which an employer or employee is deemed liable to return to the government the amount of wage subsidy granted, or upon discovery of fraud by the DOF, SSS or BIR, a letter shall be issued by the SBWS Program Task Force demanding the return of the said subsidy within fifteen (15) calendar days from receipt thereof.
The non-compliance with the demand for return within the prescribed period shall be basis for the filing of criminal and/or civil action, whichever is appropriate.
[For more details on the return policy, refer to the full text of Resolution No. 2. On the other hand, for those who are eligible but was not covered, see the Grievance Procedure under Resolution No. 4. Refer to the guidelines on non-duplication of SBWS, CAMP and SAP benefits under JMC 2-2020.]
- Extension of Filing Periods and Suspension of Hearings for March 29 to April 4, 2021: SC Administrative Circular No. 14-2021 (Full Text) - March 28, 2021
- ECQ Bubble for NCR, Bulacan, Cavite, Laguna and Rizal: Resolution No. 106-A (Full Text) - March 27, 2021
- Guidelines on the Administration of COVID-19 Vaccines in the Workplaces (Labor Advisory No. 3) - March 12, 2021
I have a question. Nagresign po ako nung June 3, 2020. Nakakuha po ako ng ayuda na 16k dahil nagfloating po kami from March 17 – April 24, 2020. Kailangan ko pa rin po ba ibalik? Nagastos ko na po ang malaking bahagi ng ayuda.
Hi po! ask ko lang if need pa po ibalik ni employee yung nakuha niya 16k if nag awol siya ng June 2020. Thank you po sa mga makakasagot po.
Hi po. Hindi po makaseng ng email sa SBWSSreturns.gov.ph. Tama po ba yang email?
Hi! When can an employer terminate the contract of its employee who received the SBWS subsidy based on the return guidelines?
Hi Angie. Perhaps you missed that info in the post, kindly re-read. Good luck.
gudpm sss kkadeposit ko po knna sinuli ko po second tranch sss kc po nauna nkuha me sap april first po sunod po nclaim ko po first tranch nyo bali po second po binalik ko knna sa landbank po marami salamat po pki check nlang po
Hi Generose. Wala kaming connection sa SSS. Pakisunod yung procedure ng SSS. Good luck.
Good evening tanong ko lng po Sana Kung,
Qualified pa po ba sa SBWS ng SSS Ang isang employee na na end of contract ng March 3?,
Kasi po Yung GF ko naka receive sya Ng SBWS na process Ng agency nya at halos lahat ng na end of contract na kasabay nya na kasamahan nya naka receive din po Ng SBWS, ano po ba magandang gawin po dun sa nakuhang ayuda po? Kung ganyan po Ang pangyayari??
Salamat po at Sana po masagot.
Hi Carlo. Baka pwede mong tingnan ang grievance procedure: https://pnl-law.com/blog/sbws-dole-camp-grievance-mechanism-sbws-program-task-force-resolution-no-4/
Good luck.
kasama po ba s mga mag babalik ung nga nakasahod during quarantine period pero approved at nakatanggap ng SBWS ano po ba ang totoo sss advisory o ung JCM # 001-2020 at 002-2020 ng SSS DOH BIR ano po ba ang totoo
Hi Ronnie. Nakasulat sa advisory (at sa JMC) na dapat mag-reimburse: “3. Employers who misrepresented in their application any material fact relevant to the eligibility of their employees.” Kung di qualified sa benefits (halimbawa, may sweldo naman na natatanggap), covered sa return policy. Good luck.
Paano po kung nag Awol ibabalik pa po ba dapat yung galing sa sss ?
pwde ba mag online transfer nalang sa landbank ?napakadami kasing tao sa banko baka mahawa pa ng covid19 pag naki pag pilahan pa aq.. salamat sa sagot
Tanong ko lng po.. Plano ko na po mag resign dahil hnd po makatarungan Ang shuttle service Ng kompanya namin. Pero tinatakot po nila ako na mag sosoli dw po ako ng 16k na sbws. Kailangan ko pa po ba magsoli Kung li2pat po ko Ng kompanya at magtu2loy Ng hulog sa sss?Sana po masagot. Salamat po
Pwd pu bang kahit hindi mismo ung taong nakakuha ng sobrang pera ang mag soli..
Asawa kopo kasi nakakuha ng sobra pwd pu ba na ako nalang ang mag soli sa landbank??
Thank you in advance ?