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
What if nag resign then continues yung hulog. Kaylangan pa din pa din ba ibalik?
Paano po pag nag resign nung may 18 pero ang effectivity ay july 5? Need pa din po kaya ibalik
Tanung ko lang , pano po if ayaw ng papasok sa work pero nkatanggap ng SBWS sa SSS. Kelan po pwed magresign ? Pano po ang process. Sana po mapansin. Salamat
Good day!
Kung na-terminate ang empleyado dahil sa failed probationary, dapat ba ibalik ng employer ang subsidy?
Thank you.
Ask ko lang po. What if nagresign nung Feb. tapos ung effectivity ng resignation ay inabutan ng ecq nung march tho hindi pa po tapos mag clearance, Kailangan po ba ibalik kay employer ung natanggap na tranche kc nung mag cclearance na sabi ni employer need daw ibalik ung natanggap na sbws?
What if naglastday sya ng feb katapusan , Pero nasa list sya ng Payroll ng MARCH 4, Pero nung nagpasa si employer ng sss portal nakablanko na sya means resign, nasali pa din sya sa approval ni sss for sbws. Qualified po ba yun pag ganoon? Thank you.
Hi po, what if MGCQ napo yung area namin pero magreresign po yung employee by July 2020. Ano pong proceso doon? i-rereturn po ba? Lilipat kasi sana sa government yung employee.. Kailangan parin po ba i-return?
kailan po ba talaga ung deadline ng pagbalik ng pera kc nka freeze na poung account nila
If upon audit nagrequire pong ibalik ang nakuha sa SBWS program. Wala po bang way na sumagot si employer. Sa case po kasi nmin. Employer muna ang nagbayad ng SSS contribution. Baka po kase maging basis nila yun. Ano po kayang pwedeng gawin. Thanks po.
Hi po ask q lng po f nagkamali po ng pasa ung company naipasa po ung mga hindi na dapat makatanggak ng sbws
Kame po ba kailangan din magbalik ng sbws o ung mga hindi lng qualified ang kailangan ang magsuli ng sbws???