BOOK FOUR

HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS

Title I
MEDICAL, DENTAL AND OCCUPATIONAL SAFETY
Chapter I
MEDICAL AND DENTAL SERVICES
Art. 156. First-aid treatment. Every employer shall keep in his establishment such first-aid medicines and
equipment.
Art. 157. Emergency medical and dental services. Free medical and dental attendance and facilities for
every employee.
1.
2.
3.

50-200 the services of a graduate first-aider shall be provided for the protection of
workers.
200-300 the services of a full-time registered nurse, a part-time physician and dentist, and
an emergency clinic.
300 and above the services of a full-time physician, dentist and a full-time registered nurse
as well as a dental clinic and an infirmary or emergency hospital.

Art. 158. When emergency hospital not required. No need for an emergency hospital or a dental clinic if
there is a hospital or dental clinic nearby
Art. 159. Health program. The physician shall develop and implement a comprehensive occupational health
program.
Art. 160. Qualifications of health personnel. The physicians, dentists and nurses shall have the
necessary training in industrial medicine and occupational safety and health.
Art. 161. Assistance of employer. Any employer shall provide all the necessary assistance to medical and
dental attendance and treatment.
Chapter II
OCCUPATIONAL HEALTH AND SAFETY
Art. 162. Safety and health standards. The Secretary of Labor and Employment shall set and enforce
mandatory occupational safety and health standards.
Art. 163. Research. DOLE shall conduct continuing studies and research to develop innovative methods,
techniques and approaches for dealing with occupational safety and health problems;
Art. 164. Training programs. The DOLE shall develop and implement training programs
Art. 165. Administration of safety and health laws.
1. The Department of Labor and Employment shall be solely responsible for occupational
safety and health laws, regulations and standards in all establishments.
2.

The Secretary of Labor and Employment may collect reasonable fees for the inspections of
certain equipment which shall be deposited in the national treasury.
Title II
EMPLOYEES COMPENSATION AND STATE INSURANCE FUND
Chapter I
POLICY AND DEFINITIONS

Art. 166. Policy. Promotion of in the event of work-connected disability or death, may secure adequate income
and medical benefit.
Art. 167. Definition of terms.

1.

"Income benefit" payments to the providers to the employee and his dependents

2.

"Medical benefit" payments to the providers of medical care, rehabilitation services and
hospital care.

3.

"Related benefit" payments for appliances and supplies.

4.
5.

Wages or Salary - computation of benefits

6.

Monthly salary credit - the wage or salary base for contributions.

7.

"Average monthly salary credit" the result obtained by dividing the sum of the monthly
salary credits in the sixty-month period

8.

"Average daily salary credit" in the case of the SSS means the result obtained by dividing
the sum of the six (6) highest monthly salary credits in the twelve-month period

9.

Replacement ratio - sum of 20% + [300/(340+average monthly salary credit)]

10. Credited years of service" - For a member covered prior to January, 1975, 1975- the
calendar year of coverage+number of calendar years in which six or more contributions
have been paid from January, 1975 up to the calendar year containing the semester prior
to the contingency.
11. Monthly income benefit - 115% sum of the [(average monthly salary credit)x(replacement
ratio)]+[(0.5%x(average monthly salary credit)]
Chapter II
COVERAGE AND LIABILITY
Art. 168. Compulsory coverage. State Insurance Fund shall be compulsory
Art. 169. Foreign employment. The Commission shall ensure adequate coverage of Filipino employees
employed abroad, subject to regulations as it may prescribe.
Art. 170. Effective date of coverage. Shall take effect on the first day of his operation
Art. 171. Registration. Each employer and his employees shall register with the System
Art. 172. Limitation of liability. Compensation is not effective when willful intention to injure or kill himself.
Art. 173. Extent of liability. exclusive to employees dependents
Art. 174. Liability of third party/ies.
Art. 175. Deprivation of the benefits. no contract, shall deprive the employee of any benefits.
Chapter III
ADMINISTRATION
Art. 176. Employees Compensation Commission.
Art. 177. Powers and duties.
1. To assess and fix a rate of contribution from all employers;
2.

To determine the rate of contribution payable by an employer

3.

To approve rules and regulations governing the processing of claims and the settlement of
disputes

4.

To make the necessary actuarial studies and calculations concerning the grant of constant
help and income benefits

5.

To enter into agreements or contracts

Art. 178. Management of funds.

Art. 179. Investment of funds.
Art. 180. Settlement of claims. Decision of appealed cases within twenty (20) working days from the
submission of the evidence.
Art. 181. Review. Orders or resolutions may be reviewed within ten (10) days from notice thereof.
Art. 182. Enforcement of decisions.
1. Any decision shall become final and executor
Chapter IV
CONTRIBUTIONS
Art. 183. Employers contributions.
1. Employer shall remit to the System a contribution one percent of his monthly salary credit.
2.

The rate of contribution shall be reviewed periodically

3.

Contributions shall be paid in their entirety by the employer

Art. 184. Government guarantee. The Republic of the Philippines accepts general responsibility for the
solvency of the State Insurance Fund.
Chapter V
MEDICAL BENEFITS
Art. 185. Medical services. Immediately after an employee contracts sickness he shall be provided during the
subsequent period of his disability with medical services.
Art. 186. Liability. The System shall have the authority change physician, hospital or rehabilitation facility
Art. 187. Attending physician. Any physician shall submit reports
Art. 188. Refusal of examination or treatment. If the employee refuses to submit medical examination,
the System shall stop the payment
Art. 189. Fees and other charges. All fees shall not be higher than those prevailing in wards of hospitals for
similar services
Art. 190. Rehabilitation services.
1.

The System shall, as soon as practicable.

Chapter VI
DISABILITY BENEFITS

Art. 191. Temporary total disability.

Payment of income benefit equivalent to ninety percent of his average daily salary credit
Art. 192. Permanent total disability.
An amount equivalent to the monthly income benefit, plus ten percent thereof for each dependent
child, but not exceeding five.
Art. 193. Permanent partial disability.
Chapter VII
DEATH BENEFITS
Art. 194. Death.

1.

the System shall pay to the primary beneficiaries upon the death of a covered employee
who is under permanent total disability eighty percent of the monthly income benefit and
his dependents to the dependents pension
Chapter VIII
PROVISIONS COMMON TO INCOME BENEFITS

Art. 195. Relationship and dependency. All questions of relationship and dependency shall be determined
as of the time of death.
Art. 196. Delinquent contributions.
1. An employer who is delinquent in his contributions shall be liable to the System
2.

Failure or refusal of the employer to pay or remit the contribution herein prescribed shall
not prejudice the right of the employee or his dependents to the benefits.

Art. 197. Second injuries. If any employee under permanent partial disability suffers another injury which
results in a compensable disability greater than the previous injury, the State Insurance Fund shall be liable for the
income benefit of the new disability
Art. 198. Assignment of benefits. No claim for compensation is transferable or liable to tax
Art. 199. Earned benefits. Income benefits shall, with respect to any period of disability, be payable
Art. 200. Safety devices. Failure of the employer to comply with any law, the employer shall pay the State
Insurance Fund a penalty
Art. 201. Prescriptive period. No claim for compensation shall be given due course
Art. 202. Erroneous payment.
In case of doubt as to the respective rights of rival claimants, the System is hereby empowered to
determine as to whom payments should be made.
Art. 203. Prohibition. No agent, shall charge for his services any fee.
Art. 204. Exemption from levy, tax, etc. All laws to the contrary notwithstanding, the State Insurance Fund
and all its assets shall be exempt from any tax, fee, charge, levy, or customs or import duty and no law hereafter
enacted shall apply to the State Insurance Fund unless it is provided therein that the same is applicable by expressly
stating its name.
Chapter IX
RECORDS, REPORTS AND PENAL PROVISIONS
Art. 205. Record of death or disability.
1. All employers shall keep a logbook to record chronologically the sickness, injury or death of
their employees.
2.

All entries in the employers logbook shall be made by the employer the employees
absences for a period of a day or more.

Art. 206. Notice of sickness, injury or death. Notice of sickness, injury or death shall be given to the employer by
the employee five days from the occurrence of the contingency.
Art. 207. Penal provisions.
Any person who, for the purpose of securing entitlement to any benefit or payment commits fraud,
shall be punished with a fine of not less than five hundred pesos.
Art. 208. Applicability. shall apply only to injury, sickness, disability or death occurring on or after January 1, 1975.
Art. 208-A. Repeal. All existing laws, Presidential Decrees and Letters of Instructions which are inconsistent, the
GSIS, conditions for entitlement to benefits shall be governed by the Labor Code,

Title III
MEDICARE
Art. 209. Medical care. The Philippine Medical Care Plan shall be implemented
Title IV
ADULT EDUCATION
Art. 210. Adult education. Adult education programs for their workers and employees