Title
Amendments to Employees' Compensation Benefits
Law
Presidential Decree No. 1368
Decision Date
May 1, 1978
Amendments to the Labor Code of the Philippines aim to enhance benefits for covered employees by utilizing surplus funds, expanding definitions of injury and sickness, introducing new terms, and empowering the Employees' Compensation Commission to initiate policies and programs for occupational health and safety.
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Composition, Powers, and Compensation of the Employees' Compensation Commission

  • The Vice Chairman position alternates annually between the GSIS General Manager and the SSS Administrator.
  • A quorum requires the presence of four members; members receive a per diem for each meeting attended plus travel and representation expenses.
  • Members may designate full-time officials of their institutions as representatives for meetings.
  • The Commission holds the status of a government corporation attached to the Department of Labor for policy coordination and guidance.
  • Powers include initiating policies for occupational health and safety, accident prevention, rehabilitation programs, and appropriating necessary funds.

Management and Investment of the State Insurance Fund

  • Revenues not required for current operations are accumulated in the State Insurance Fund.
  • The Fund is exclusively used for benefit payments under the Employees' Compensation Program.
  • Funds are deposited in authorized banks or prudently invested, ensuring liquidity requirements are met.

Benefits for Temporary Total Disability

  • Employees suffering temporary total disability due to injury or sickness receive income benefits equal to 90% of their average daily salary credit.
  • Payment conditions include a minimum daily benefit of 2.50 pesos and a maximum of 20 pesos, not exceeding 120 continuous days unless otherwise regulated.
  • The System must be duly notified of the injury or sickness.

Benefits for Permanent Total Disability

  • Monthly payments equal to the monthly income benefit plus 10% for each dependent child (up to five) are made during the disability period.
  • The benefit amount reflects the new computation approved under the Decree.
  • Benefits are guaranteed for five years but suspended if the employee regains employment, recovers, or fails annual examination.

Benefits for Permanent Partial Disability

  • Benefits are payable for a specified number of months depending on the type of partial loss (e.g., loss of thumb – 10 months, hand – 39 months).
  • Loss definitions include functional or physical loss of limbs or parts, with detailed equivalencies for joints and fingers/toes.
  • For cases not listed, benefits correspond to the percentage loss in work capacity.
  • The Commission may approve payment as monthly pension or lump sum, depending on the duration.

Death Benefits

  • Primary beneficiaries receive a monthly income benefit plus 10% per dependent child (up to five), guaranteed for five years.
  • If no primary beneficiary exists, secondary beneficiaries receive a lump sum equivalent to 35 times the monthly income benefit.
  • For employees under permanent total disability at death, primary beneficiaries receive the actuarial balance of the pension in monthly form; secondary beneficiaries receive a lump sum.
  • Beneficiaries' benefits reflect the new amounts specified in the Decree.

Repeal and Transition Provisions

  • All previous laws, Presidential Decrees, and Letters of Instruction inconsistent with this Decree are repealed.
  • GSIS members’ entitlement conditions remain governed by the amended Labor Code.
  • Benefit computation formulas incorporate those under Commonwealth Act No. 186, amended by PD No. 1146, plus an additional 15%.

Effectivity

  • The provisions take effect on May 1, 1978, establishing immediate enforcement and application.

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