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BOARD RESOLUTION NO. 23-05-12

Prescribing a New EC Logbook Template to Facilitate the Imposition of Penalty for Failure of the Employer to Record in the Logbook an Actual Sickness, Injury or Death of His/Her Employees Within the Prescribed Period

WHEREAS, paragraph (a) and paragraph (c) of Art. 211 [205] of P.D. No. 626,  as amended, state the following:

“(a) All employers shall keep a logbook to record chronologically the sickness, injury or death of their employees, setting forth therein their names, dates and places of the contingency, nature of the contingency and absences. Entries in the logbook shall be made within five days from notice or knowledge of the occurrence of the contingency. Within five days after entry in the logbook, the employer shall report to the System only those contingencies he deems to be work-connected.

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(c) Should any employer fail to record in the logbook an actual sickness, injury or death of any of his employees within the period prescribed herein, give false information or withhold material information already in his possession, he shall be liable for fifty percent of the lump sum equivalent of the income benefit to which the employee may be found to be entitled, the payment of which shall accrue to the State Insurance Fund.” [emphasis supplied]

WHEREAS, Art. 212 [206] of P.D. No. 626, as amended, provides the following:

“Notice of sickness, injury or death shall be given to the employer by the employee or by his dependents or anybody on his behalf within five days from the occurrence of the contingency. No notice to the employer shall be required if the contingency is known to the employer or his agents or representatives.”

WHEREAS, the current EC logbook template requires the following details:

  1. Name of employee
  2. Date of contingency
  3. Place of contingency
  4. Nature of contingency
  5. Number of days the worker was absent from work;

WHEREAS, under paragraph (b) of Art. 211 [205] of P.D. No. 626, as amended, “[u]pon request by the System, the employer shall furnish the necessary certificate regarding information about any contingency appearing in the logbook, citing the entry number, page number and date.”

WHEREAS, the SSS imposes the penalty provided under paragraph (c) of Art. 211 [205] of P.D. No. 626, as amended, to employers who submit EC logbook entries with no dates of entry despite due request by the SSS;

WHEREAS, the Commission deems it necessary to prescribe a new EC logbook template by requiring two additional details (date of notification and date of logbook entry) in order to facilitate the proper imposition of penalty under paragraph (c) of Art. 211 [205] of P.D. No. 626, as amended, and to observe uniformity;

WHEREAS, under paragraph (c) of Art.183 [177] of P.D. No. 626, as amended, the Commission is empowered to approve rules and regulations governing the processing of claims and the settlement of disputes arising therefrom as prescribed by the System;

NOW THEREFORE, ON MOTION DULY MADE AND SECONDED,

The Commission RESOLVES AS IT HEREBY RESOLVED, to prescribe a new EC logbook template which shall include the following details:

  1. Name of employee
  2. Date of contingency
  3. Place of contingency
  4. Nature of contingency
  5. Number of days the worker was absent from work
  6. Date of entry in the EC logbook
  7. Date of notification to the employer by the employee or his/her dependents or anybody on his/her behalf, provided the contingency is not known to the employer, his/her agents or representatives.

RESOLVED FURTHER, that the mere absence of the date of entry and/or date of notification in the EC logbook shall not result in the suspension of the evaluation of the EC claim. In the event that a claim for disability or death benefit is declared work-related, the amount of benefit shall be awarded in full by the System;

RESOLVED FURTHER, that the new EC logbook template shall be used/applied prospectively. The new template shall cover the recording of sickness, injury, or death of employees occurring from the time this Resolution takes effect;

RESOLVED FINALLY, that this Resolution shall take effect immediately after its publication in a newspaper of general circulation and a copy of this Resolution shall be transmitted to the SSS and the GSIS for guidance and compliance.

DONE, this 18th day of May 2023, in Quezon City, Philippines.

(SGD.) BIENVENIDO E. LAGUESMA
Chairperson
Department of Labor and Employment

(SGD.) RIZALDY T. CAPULONG
Member-Alternate
Social Security System

(SGD) DIONISIO C. EBDANE, JR.
Member-Alternate
Government Service Insurance System

(SGD)CARLITO P. ROBLE
Member
Employees’ Sector

RENE Y. SORIANO
Member
Employers’ Sector

DENNIS S. MAS
Member-Alternate
Philippine Health Insurance Corporation

Attested by:

(SGD.) JOSE MARIA S. BATINO, CESO IV
OIC-Executive Director
Employees’ Compensation Commission

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Published: July 30, 2023
The Philippine Star, B4