Social Protection Strategy for Persons Defined by the Provisions of the Labour Law Year: 2014-2018 1 | Page UnofficialTranslation Preface 8 Social Security System in Cambodia started in 1955 but was abolished by Cambodia Democratic Regime during 1975-1979. After this regime ended, until 1993, Cambodia promulgated the constitution which is the Supreme Law of the country along with Labour Law in 1997. According to these two Laws, in 2002, the Law on the Social Security Scheme for persons defined by the provisions of Labour Law was set up and in compliance with this Law, the National Social Security Fund was established by sub-degree in 2007 and until November, 2008, NSSF started its First Step called the Occupational Risk Insurance Scheme successfully. In accordance with the Law, the strategic plan of Royal Government, the development of National Economy and Integration in Region, the National Social Security Fund have been preparing itself through further extending, strengthening and developing its ability by organizing this five years strategic plan with clear vision and mission in implementing Social Security efficiency, transparency, accountability and punctuality for persons defined by the provisions of the Labour Law to achieve Social Security Services when they experience incidents such as Old Age, Invalidity, Death, The Employment Injury or other incidents such as Diseases and Maternity. In time when Cambodia has improved in all sectors, ensuring of the Social Security is very important in providing protection for people as a whole and partly for workers in enterprises/establishments who depend on conception of sharing and solidarity policy in the society, ensuring income security meaning by ensuring Social Security, there is no social member fall into risk of absolute poverty. In addition, the Social Security policy has also contributed to the policy of poverty reduction of the Royal Government of Cambodia via policy of sharing income by vertical and horizontal line meaning people with high income help the lower ones, healthy people help people with diseases, disabilities or those who suffered from accidents; young people help old people- theses can make all people in society obtain warmth feeling in living which can maintain stability and harmonization in the society. On behalf of the Governing Body, Leaders, civil servants, Employees and Workers of the National Social Security Fund and I myself, I would like to deeply thank His Excellency Ith Samheng, Minister of the Ministry of Labour and Vocational Training who has provided support on policies and techniques to the National Social Security Fund successfully. I also would like to thank the Governing Body members for its assistance and supports in preparing policies, legal instruments which are the foundation of NSSF to be able to start its operation smoothly and effectively. Moreover, I would like to express my appreciation to officials and workers of the National Social Security Fund who have actively paid attention to make this Organization achieve subsequent success; especially, on the implementation of the First Step concerning 2 | Page UnofficialTranslation Occupational Risk Insurance Scheme and the functioning process of the Second Step on Health Insurance Scheme and the Third Step on Pension Scheme. Similarly, I would like to thank all involving Ministries and institutions for supporting the process of National Social Security Fund until now, particularly, for employers and workers who have cooperated and implemented the Law better and I would like such cooperation be continue for the functioning of the National Social Security Fund in further serving public social services. Through the sincere participation from all involving sectors, the National Social Security Fund strongly hopes that this strategic plan will be implemented successfully as scheduled and that it will become an effective tool acting as a guiding compass in implementing Social Security policy to be more developed in all dimensions for the benefits to society as a whole. 3 | Page UnofficialTranslation CONTENTS Preface 2 Acronyms 6 Summary 7 Chapter I. General Aspects…………………………………………………………………….11 I. Definitions ........................................................................................................................ 12 II. Background History.......................................................................................................... 12 III. Macro-Economic Situation ................................................................................................ 13 IV.Demography and Labour Force ......................................................................................... 14 V. Enterprises, Establishments and Labour Force................................................................. 16 VI. Cambodia Socio-Economic Situation ............................................................................... 18 i. Health Situation ....................................................................................................... 18 ii. Sources of Income .................................................................................................. 19 iii. Family Expense ..................................................................................................... 19 VII. Work Injury and Worker Health Situation ...................................................................... 20 Chapter II. Judicial Framework and Strategies ...................................................................... 23 I. Judicial Framework ........................................................................................................... 24 i. National Framework ............................................................................................... 24 ii. International Framework ......................................................................................... 26 II. Strategy Framework .......................................................................................................... 28 Chapter III. Cambodian Social Security Sector ..................................................................... 33 I. Social Security Schemes for Persons Defined by the Provisions of Labour Law...................................................................................................... 35 II. Social Security Schemes for Civil Servants, Veterans and Disabilities ....................... 35 III. Social Safety Nets for the Poor and Vulnerable ......................................................... 36 IV. Social Security Insurance in accordance with Insurance Law................................... 37 Chapter IV. Social Security Insurances for persons defined by the provisions of Labour Law ................................................................................................................................ 39 I. The Employment Injury Insurance ........................................................................... 40 i. General Situation ...................................................................................................... 40 ii . Achievements ......................................................................................................... 41 4 | Page UnofficialTranslation iii. Challenges .............................................................................................................. 42 iv. Future Plan .............................................................................................................. 43 II. Health Insurance ........................................................................................................ 43 i. General Situation ...................................................................................................... 43 ii. Achievements .......................................................................................................... 44 iii. Challenges .............................................................................................................. 46 iv. Future Plan .............................................................................................................. 47 III. The Pension Scheme ................................................................................................. 47 i. General Situation ...................................................................................................... 47 ii Achievements ........................................................................................................... 48 iii. Challenges ............................................................................................................... 48 iv. Future Plan ............................................................................................................... 49 Chapter V. Social Protection Strategy for Persons Defined by the Provisions of Labour Law ................................................................................................................................. 50 I. Vision ............................................................................................................................ 51 II. Mission ........................................................................................................................ 51 III. Goals .......................................................................................................................... 52 i. Goal1: Extending and Strengthening the Implementation of Employment Injury Insurance Scheme ......................................................... 52 ii. Goal 2: Functioning of Health Insurance Scheme ................................................ 54 iii. Goal 3: Functioning of the Pension Scheme......................................................... 58 iv. Goal 4: Strengthening Good Governance ............................................................ 60 Chapter VI. Action Plan on the Implementation of Social Protection Strategy for Persons Defined by the Provisions of Labour Law 2014-2018 ............................................................. 64 References .................................................................................................................................... 84 5 | Page UnofficialTranslation Acronyms CARD : Council for Agricultural and Rural Development NSSF-C : National Social Security Fund for Civil Servants NFV : National Fund for Veterans NSSF : National Social Security Fund GDP : Gross Domestic Product NSPSPV : National Social Protection Strategy for the Poor and Vulnerable FSDS : Financial Sector Development Strategy 2011-2020 IPCWFE : Investigation and Prevention Committee for the Worker’s Faintness at Enterprises RTSTPW : Road Traffic Safety Team for Preventing the Workers AFD : Agence Francaise de Development ASSA : Asean Social Security Association AWCF : Asian Worker Compensation Forum CBHI : Community Based Health Insurance COMWEL : Korea Workers Compensation and Welfare Service GIZ : German International Cooperation GMAC : Garment Manufacturers Association in Cambodia GRET : Groupe de Recherche et D’Echanges Technologiques HEF : Health Equity Fund HIP : Health Insurance Project ILO : International Labour Organization 6 | Page UnofficialTranslation Summary Social Protection Strategy for Persons Defined by the Provisions of Labour Law in 2014-2018 was set up in accordance with National and International regulations, strategic plan of Royal Government and in compliance with the Law on The Social Security Schemes for Persons Defined by the Provisions of Labour Law and Sub-Decree on the establishment of National Social Security Fund. This strategic plan includes six Chapters about general aspects of judicial framework and strategy involving with common Social Security sectors and in part about Social Security in Cambodia including Social Security Insurance for Persons Defined by the Provisions of Labour Law and strategic plan with specific vision, mission, goals and the action plan for implementing this strategy including certain direction and activity with precise indicators for measuring, investigating and evaluating the implementation following each date with trust. Chapter I: General aspects was raised about definition and background history of Social Security and some influential factors and the important of fundamental data for comparing, analyzing and evaluating on the provision of social protection services in Cambodia. In this Chapter I, starting with the definition of Social Security which attracts people’s interest into the contexts of Social Security to reach for the content of strategy. For Cambodia, this Social Security System started in 1955 but this system was destroyed by Cambodian Democratic Regime during 1975-1979 until 1993 when Cambodia has promulgated the Constitution and Labour Law in 1997 in compliance with both Laws in 2002, the Law on Social Security Scheme for persons defined by the provisions of Labour Law has been promulgated. In accordance with this Law in 2007, the National Social Security Fund was established and in the end of 2008, the functioning of first step on Employment Injury Insurance has been put in place successfully. For economy sector, Cambodian macro-economic has been showing its strength towards policytarget of annual growth 7.0 percent through Rectangular Strategy Phase II, III and National Strategic Development Plan of the Royal Government with economy coverage in 2012 about 14,054 million dollars and income per capita about 973 U.S dollars. In terms of demography and labor forces, according to General Census Statistic Demography in 2008, it indicated strong potential in contributing to the country’s development through age group in economic activity (15-64) years old which account for about 62 % of the total population. The number increases up to nearly 1.3 million people from 2004 to 2010 by Cambodia Socio-economic investigation in 2010 and active population rate is about 87% and unemployment rate is about 0.3% out of the active population. 7 | Page UnofficialTranslation For Enterprises, Establishments and Labour forces situation, according to the Enterprises Census in 2011, there are 505,143 enterprises with 1,676,263 workers (61.2% women). There are about 80% of the total enterprises that have 01 to 02 workers, so we can conclude that small enterprises play a big part in Cambodia and are deemed as having fluctuating economy or informal which requires further expansion on social protection toward workers in small enterprises and also informal sectors. Cambodia Socio-economic situation have raised about some important indicators that are basic relevant to the provision of Social Security sector and people’s living condition including the condition of health, income and other expenses from the observation on Cambodia socio-economy in the last 2010. For work injury and workers’ health in this strategic plan, it has analyzed the first step of implementation on Employment Injury Insurance Scheme which has become a huge pattern because it has covered from 08 workers up nationwide if compared to the numbers of enterprises census in 2011. This chapter has presented about NSSF’s members concerning age group, average wages, work injury situation, non-work injury situation and expense situation to these injuries. Chapter II has raised about judicial framework and Government strategy including national and international framework which are the reference basis and oriented towards the implementation of Social Security sector. Judicial framework comprised the constitution of the Kingdom of Cambodia that has presented about social protection for people and social protection for workers in work sector and also there is Labour Law, Law on the Social Security Scheme for persons defined by the Provisions of Labour Law and Sub- Decree on the establishment of National Social Security Fund. For international regulation, it comprises global declaration on human rights, Philadelphia declaration in 1944 and convention No. 102 of Internal Labour Organization (ILO) which was the basic for international Social Security sector. According to these regulations, ASEAN and ASSA also mentioned about Social Security principles to be implemented in its regions and that Cambodia is also a member. Besides, there are some other national and international regulations related to Social Security sector which have been developed and organized through discussion and was recognized both in national and international level. On the strategy basis, theRoyal Government of Cambodia has outlined some strategic plans for national development, poverty reduction and enhancement of social stability by integrating Social Security sector as the main actions and priority as stated in Rectangle Strategy phase III “Rectangular fourth, Capacity building and Human resource development with third angle on Social Protection development” Social Protection Strategy for the Poor and Vulnerable (2011-2015), Financial Development Strategy in 2010-2020 and strategic plan for the development of Labour sector and vocational training 2014-2018. Chapter III for Social Security sector in Cambodia which includes Social Security Schemes for Workers, Social Security Schemes for Civil Servants, Veterans and Disabilities, Social Security Insurance 8 | Page UnofficialTranslation from private sector in accordance with Insurance Law, social safety nets for citizen focusing on the poor and vulnerable as well as other Social Security services that have paid contribution and those who haven’t paid. The Social Security Schemes for Workers have been implemented by National Social Security Fund of the Ministry of Labour and Vocational Training in compliance with Law on the Social Security Schemes for persons defined by the provisions of Labour Law. For Social Security Schemes for Civil Servants, Veterans and Disabilities which have been implemented by National Social Security Fund for Civil Servants, Veterans and Disabilities of the Ministry of Social Affair Veterans and Youth Rehabilitation. While Social Safety Nets for citizen focusing on the poor and vulnerable and other Social Security services participated by line Ministries and stakeholders for providing social protection for people to get nutrition, welfare, Technical and Vocational Training and Intervention from society when people get risks. Besides, Social Security Insurance for private sector which follows Insurance Law focuses on volunteer principles covered by the Ministry of Economy and Finance. Chapter IV raised about the Social Security Schemes for persons defined by the provisions of Labour Law which are being implemented by National Social Security Fund in compliance with Law on the Social Security Schemes for persons defined by the provisions of Labour Law including Pension, Employment Injury and other risks based on the actual aspect of National Economy. In this Chapter, all important information related to Social Security Scheme for workers in private sector on the Employment Injury Insurance Scheme which is being implemented specifically on Health Insurance and Pension Scheme scheduled to begin in 2014 and 2015 focusing on general situation, achievements, challenges and future strategy. Chapter V is a core strategy which described about Social Protection for persons defined by the provisions of Labour Law. This Chapter raised about clear vision on “Ensuring Social Security effectively for persons defined by the provisions of Labour Law” and mission in “Providing Social Security services with efficiency, transparency, accountability and punctuality for persons defined by the provisions of Labour Law aiming at easing difficulties when they get old, invalidity, death, the Employment Injury or facing other incidents such as diseases and maternity”. To achieve these above vision and mission, the strategy has 4 main goals for implementing from 2014-2018. First Goal: Extending and Strengthening the Implementation of Employment Injury Second Goal: Functioning of Health Insurance Scheme Third Goal: Functioning of Pension Scheme Forth Goal: Strengthening Good Governance First goal: Extending and strengthening the implementation of the Employment Injury by extending scope, strengthening implementation and developing the Employment Injury Scheme policy, ensuring quick 9 | Page UnofficialTranslation service delivery and timely. Along with the extension, strengthening and development, there are also inclusion of measure to prevent work injury in order to avoid or reduce work injury for workers to the lowest level and also providing rehabilitation services to NSSF members who suffered from Employment Injury leading to permanent disability to obtain mental, physical and professional rehabilitation to ensure full participation equally for victims in social activities. Second goal: Functioning of Health Insurance Scheme for workers and employees to access health care and medical treatment so as to reduce the expense on health issues when they have diseases, maternity and other contingencies. The functioning of this Scheme includes preparing methodology, procedure, setting up information technology system and preparing procedure to calculate health care service to avoid or reduce the use or provision of service wrongly off the target between service providers and receivers. After preparing work formality and dissemination campaign to mainstream the sector to the public, especially, the service consumers to know because this work is regarded as the new turning point of Cambodia Social Security sectors which requires building of trust from all milieu and set clear implementation steps in all capital and provinces aiming at getting them to register, contribute and provide benefits as scheduled in 2014. Third goal: Functioning the Pension Scheme in 2015 by studying the possibility of processing Pension Scheme, preparing legal instruments and human resources training for the implementation basis, setting up information technology system, disseminating and setting implementation steps on Pension Schemes throughout capitals and provinces for enterprises, establishments and worker registrations and collecting contributions to reserve for future benefit provision. The Scheme has been regarded as a longterm protection meaning protection until the last stage of worker lives. Therefore, when this Scheme is functioning, all workers and employees in private sector will receive pension as civil servants do. Forth goal: Strengthening good governance by focusing on enhancing public Social Security services with efficiency, transparency, accountability and punctuality because good governance is the core value of Rectangular Strategy Phase III and also is the core of social justice and socio-economic development with sustainability and equity. To achieve this goal, some directions are implemented to enhance efficiency and quality of public administration service, to strengthen financial management and asset, to strengthen and extend cooperation with national and international partners, to strengthen planning mechanism, statistic and legislation, to strengthen internal audits and to promote gender equity in Social Security sector. Chapter VI mentioned about the detail of Action Plan for the implementation of social protection for persons defined by the provisions of Labour Law. This action plan was made to achieve vision, mission, goals and each direction in this strategy by raising specific activities with indicators for measuring, investigating, and evaluating the implementation for each date more precise for five years implementation (2014-2018). 10 | Page UnofficialTranslation CHAPTER I GENERAL ASPECTS 11 | Page UnofficialTranslation Chapter I General Aspects I. Definition 1. The definition of Social Security differs from one country to another in the world, but it implies a common point which is a relief measures when any individual in society suffered from the loss or decrease of income which make them unable to sustain their families’ lives. 2. In the aim of providing standard for implementation of member states, the International Labour Organization (ILO) through its global conference have ratified the convention and recommendations on Social Security standard including convention No. 102 on minimum wage regulation of Social Security. This convention has remarked the scope and minimum benefits among the total of nine benefits (1) in which all member states should ensure having Social Security Policy in its scheme. Therefore, we can spot three important purposes of Social Security namely: First: Ensure the access to healthcare, second: Ensure the accessibility to benefits when losing income caused by Employment Injury and third: Ensure necessary assistance when family responsibilities increase. 3. To sum up, Social Security is the necessary judicial measure in which the state or government need to protect their own citizen who cannot afford to earn income or those who are facing with compliance costs though temporary or permanent through social risk so that they can solve their living standard problem via financial assistance or necessary materials or other services. II. Chronological History 4. After gaining independence in 1993, Cambodia issued Royal Kram No3 /N.S dated April 25, 1955 regarding workers’ right to receive allowance for their spouse and children which is the starting point of Social Security system in Cambodia but this system was abolished by Cambodia Democratic Regime during 1975-1979. 5. Since 1979, all workers receive protection on retired pension, invalidity, death, and the Employment Injury. In 1989, with economic reforms from plan based economy to market based economy, the Social Security system for workers and employees in private sector was re-adjusted following the current economic situation. Based on Labour Law in 1992, employers are required to responsible for Employment Injury for accident which happens to employees. In 1993, the constitution of the 1 Nine minimum benefits: medical care, sickness, unemployment, old age, family, maternity, invalidity, survivor’s benefits. 12 | Page UnofficialTranslation Kingdom of Cambodia was establisheds whereas the Labour Law in 1992 was replaced by the Labour Law in 1997 and in 2002 the Law on the Social Security Schemes for persons defined by the provisions of Labour Law was promulgated. 6. Law on the Social Security Schemes for persons defined by the provisions of Labour Law aim to create the Social Security Schemes for persons defined by the provisions of Labour Law in the Kingdom of Cambodia including pension, Employment Injury, and other categories based on the current economic situation. 7. According to the evolution of national economy and in response to the development of employment sector which is formerly a social security department of the Ministry of Labour and Vocational Training which at that time had two main duties: first, enforce the Law related to the Employment Injury, second: Prepare Law on Social Security Schemes with active effort to research and compile many legal instruments so as to pave the way for Law enforcement on Social Security Schemes for persons defined by the provisions of Labour Law effectively. 8. This effort was fruitfully achieved by the National Social Security Fund which is a public administration institution obliged to provide public social services with its acronym “NSSF” formulated by Sub-decree No 16 RNKr.BK dated March 2, 2007. Also in 2007, the Governing Body of the National Social Security Fund was established with tripartite compositions namely: Royal Government representative, employer representatives and employee representatives. 9. Until July 2008, the Social Security Schemes for persons defined by the provisions of Labour Law have successfully implemented its first step which is the Employment Injury Scheme. III. Macro-Economic Situation 10. General election in 1993 has brought in the practical principles of democracy, free multi-party, market based economy, respect of human rights and dignities. Meanwhile, the Royal Government of Cambodia has also operate National rehabilitation and development program in 1994, socioeconomic development plan for the first five years (1996-2000) to remark the vision of rebuilding and developing the nation through the emphasis on macro-economy, social development, and poverty reduction. Through this spirit, Cambodia has achieved sustainable macro-economic development remarkably; for instance, the annual average economic growth was 8.4% in between 1994-2006. 11. From 2004 to 2007, the macro-economic situation increase in annual average rate beyond 10%, which put Cambodia among the countries that have highly economic growth in the world. 13 | Page UnofficialTranslation 12. World economic crisis in 2008, recession of economic environment outside the country in 2009 has an impact on Cambodia economy causing the growth rate of Gross Domestic Product (GDP) to plummet to the lowest level ever after. Nevertheless, many sectors immediately returned back to normal in the year after due to the increase of commodities purchase order in rural area, the increase of export , particularly, the Royal Government of Cambodia has increased public expense in order to push forward domestic need which contributed to the economic growth in Cambodia in 2011 by 7.1% followed by a 6% increase in 2010. 13. In 2012, the Royal Government of Cambodia validated the economic growth of 7.3% through stable valueand GDP deflator 1.4%. Cambodia economy have been showing its strength towards policy of annual growth 7.0% through Rectangular Strategy phase II, III and strategic plan of national development in recent years 2009-2013 of the Royal Government. Economic coverage in 2012 is currently worth 56,682,000 million riel or approximately 14,054 million dollars among 14.5 million people in 2012 while the income per capita is USD 973 dollar. 14. In 2013, via preliminary prediction of GDP growth which is 7.6% through fixed value while the GDP deflator account for 0.8%. Currently GDP value in 2013 can be worth 61,525,000 million riel or 15,161 million dollar within 14.7 million people in 2013 whereas GDP per capita account for 1.036 dollar. IV. Demography and Labour Forces 15. Based on the final result, general demographic statistic census in 2008, the kingdom of Cambodia has total population of13, 395, 682 people, men account for 6,516,054 equal to (48.64%) and women account for 6,879,628 equal to (51.36%). The average age of men is 60.5 years old and women 64.3 years old respectively. Population density is 75 people per square kilometer and annual growth rate 1.54 %. Demographic prediction in 2013 account for 14 million people. 16. Infant fatality rate is 60 per 1,000 infants and maternity death rate during delivery is 461 people among 100,000 people in 2008. Until 2010, infant fatality rate decreased by 54 infants per 1,000 infants and maternity death rate dropped by 206 people per 100,000 people when confinement. These indicate the further strengthening of quality and health care services extinction, especially, reproductive health service on maternity and children’s health. 17. Children in the age-group from (0-14 years old) account for 33.7%, while the age-group in economic activities from (15-64 years old) is 62% whereas the old age-group from 65 years old onwards account for 4.3%. Age rate of dependents in Cambodia demography reveals a decline from 1998, with86.15% to 2008 61.19%, meaning it decrease by 24.96%. 14 | Page UnofficialTranslation 18. Family size in average per family decreased from 5.2 people in 1998 to 4.7 people in 2008 at national level. This declining tendency of family size is due to the increasing number of families in country which has switched from extended family to nuclear family system. 19. The total participants in economic activities account for 48.84% men and 51.16 % women in Cambodia. Unemployment rate in Cambodia has indicated a decrease from 5.3% to 1.7% from 1998 to 2008. Both workers who work for family without revenue and the self-employed are about 83% of workers throughout the country which reveals that most workers in Cambodia are outside economic system. Moreover, the employed population rate has divided works sector by sector; and 72.3% work in the first sector and then 8.5 % work in the second sector and 19.2% work in the third sector. 20. Until 2010, through Cambodia socio-economic observation, the legitimate age-group for employment from15-64 years old increased to 1.3 million people from 2004 to 2010. Annual average is more than 3%. Labour force rate in Cambodia is about 87% in which (84% men and 90% women). These rates are considered higher in rural area than that in Phnom Penh and provincial town. 21. Based on the international data, the total unemployment rate in Cambodia is at the lowest level which account for about 0.3% of Labour force in 2010. In Phnom Penh is not much different from that in urban area, the unemployment rate seems to be a little bit higher in rural area. 15 | Page UnofficialTranslation Table 1: Population and Labour force from age 15 to 64 years old divided by gender and by geographical area in 2010 (numbers of population calculated in thousand and percent) Labour forces and sex Cambodia Phnom Penh Urban areas Rural areas Total population 13,958 1,363 1,436 11,158 Work-age population 8,853 981 946 6,926 Labour force 7,702 693 776 6,223 Both genders 87.0 70.7 82.0 90.0 Women 84.2 64.8 79.3 87.6 Men 90.0 76.9 85.3 92.5 Labour force rate involvement Employment rate Both genders 86.7 70.1 81.7 89.7 Women 84.0 64.3 78.9 87.5 Men 89.6 76.4 84.8 92.2 Both genders 0.3 0.8 0.5 0.3 Women 0.3 0.8 0.5 0.2 Men 0.4 0.7 0.5 0.4 Unemployment rate Source: socio-economic investigation in 2010 V. Enterprises, Establishments and Workers 22. According to the final result, enterprises census in the Kingdom of Cambodia in 2011, there were 505,143 enterprises with total work involvement 1,676, 263 people which account for 676,263 total workers and among them 650,179 are men equal to 38.8% and 1,026,084 women equal to 61.2%, therefore women involvement in employment are higher than men. 23. If compared to the result of enterprises registration throughout country in 2009, the total number of workers increased by 9.5% and annual growth rate prediction account for 4.54% while the annual population growth rate prediction is 1.54%, so workers growth rate are higher than that of population . This growth indicated that workers in the first sector have switched to second and third sector, a movement which is unique in the process of national development. 16 | Page UnofficialTranslation Table 2: Number of workers divided to coverage of workers and gender Gender of workers Coverage of workers Both Genders Men Women Both Gender (workers) Total 1,676,263 Men Women (percent) 650,179 1,026,084 100 38.8 61.2 1 222,126 54,849 13.3 3.3 10 2 352,438 142,415 210,023 21 8.5 12.5 3 139,131 60,746 78,385 8.3 3.6 4.7 4 83,500 41,565 41,935 5 2.5 2.5 5 53,730 28,986 24,744 3.2 1.7 1.5 6 39,654 22,169 17,585 2.4 1.3 1 7 29,078 16,737 12,341 1.7 1 0.7 8 22,560 13,057 9,503 1.3 0.8 0.6 9 18,342 167,277 10,606 7,736 1.1 0.6 0.5 10-19 106,188 62,939 43,249 6.3 3.8 2.6 20-29 99,719 57,107 42,612 5.9 3.4 2.5 50-99 55,353 31,697 23,656 3.3 1.9 1.4 100-499 110,359 47,996 62,363 6.6 2.9 3.7 500-999 89,906 21,792 65,114 5.2 1.3 3.9 37,518 219,661 15.3 2.2 13.1 More than 1000 257,179 Source: Enterprises census in the Kingdom of Cambodia in 2011 24. Enterprises consist of 01 to 02 workers account for 80% of total enterprises. For enterprises which have 01 worker account for 222,000 enterprises equal to 44% whereas enterprises with 02 workers up account for about 176 enterprises equal to 34.9%. 25. Enterprises which have more than or equal to 5 workers account for 40,000 enterprises equal to 7.8% with 879,000 total workers and for enterprises which has more than or equal to 10 workers, there are 13,000 enterprises equal to 2.6% with 716,000 workers whereas enterprises which has more than or equal to 100 workers account for 787 enterprises equal to 0.2% with 454,000 workers and for enterprises which has more than or equal to 1,000 workers account for119 enterprises with 257,000 workers. Therefore, we can conclude that large enterprises play a small part in the Kingdom of 17 | Page UnofficialTranslation Cambodia. Moreover, economic development policy of the Royal Government which are being promoted and support to small enterprises to succeed. 26. If we look at enterprises categorized by international standard rank: whole sale and retail business; automotive repair are the biggest part of international standard rank which account for 289, 000 enterprises equal to 57.2% followed by 75,000 production enterprises equal to 14.9 %. For household and food services there are 70,000 enterprises equal to 13.8 % and other service activities account for 33,000 enterprises equal to 6.4%. 27. For enterprises throughout the capital-province, Phnom Penh is the area which has the most enterprises accounted for 96,000 enterprises equal to 19%. Then, in Kampong Cham province, there are 56,000 enterprises equal to 11.1%whereas in Kondal province, there are 41,000 enterprises equal to 8%, On the other hand, in Battambang province there are 34,000 enterprises equal to 6.8%. In Siem Reap province, there are 32,000 enterprises equal to 6.4%. In Takeo province, there are 32,000 enterprises equal to 6.3%.. Regarding workers in Phnom Penh, there are 559,000 workers equal to 33.4% which is the greatest number. Then, in Kondal province, there are 151,000 workers equal to 9%. In Kampong Cham province, there are 143,000 workers equal to 8.5%. In Siem Reap province, there are 94,000 workers equal to 5.6% and in Battambang province 85,000 workers equal to 5.1%.. VI. Cambodia Socio-economic situation 28. Since 2007, Cambodia socio-economic investigation was annually set up aiming at providing major indicators concerning people living standard which covered many sectors such as: health care, education, household, economic activities and other incidents. This strategy raised only some indicators that are the basic reference relevant to the implementation of Social Security on socioeconomic investigation in the last of 2010. i. Health Situation 29. Through the investigation in 2010, Cambodia socio-economy indicated that people about 19% have diseases or injuries. Among the total number of women, 21% have diseases or injuries and in that, men account for 17%. If we think about the actual numbers of Cambodian population, approximately 2.7 million people have health problem which is the higher rate in rural areas than that in Phnom Penh or urban area. 30. Health problem has the highest level rate among old people aged from 60 years old onwards, and in that 38% are women whereas 32% are men. Among the youngest age-group from (0-14) year old, 18 | Page UnofficialTranslation health issue seem to have similar rate for both men and women whereas the age-group from 15 to 60 years old, women are found to have more health problem than men. 31. Among population which have health problem, about 18% have sought treatment 1 time or more and in that, women have higher rate than men in all areas throughout the country. 32. Medical care for people in both genders, 16.9% sought public services, 32.7% sought private services, 48% use self- treatment and 2.4% treating by herbal treatment. These showed that, people who have diseases injuries or other health problems used self-treatment first before seeking other treatments. ii. Sources of Income 33. Most families who earn a living through self-employment account for 65% equal to two third of total income. Income from salary is approximately one third of total income. Incomes from selfemployment have increased by 20.7% in 2010 compared to 2009. In Phnom Penh, incomes from self-employment have contributed about 51% of total income and 15% decrease compared to 2009. Getting support on social Insurance, Insurance services or social benefits in terms of cash from the Royal Government still little. 34. Income from agricultural sector is the main source of income for families in rural area and sources of income from non-agriculture sector is also the important source of income for families living in Phnom Penh and other urban areas in Cambodia. Income from agriculture has increased about 26.5% and income from non-agriculture sector has risen about 16% in 2010 compared to that in 2009. 35. Families in urban areas have their income rising up about 37% in 2010 compared to that in 2009, also income from salary or Labour wage account for about 29% of total income which indicate an increase by 14%. Similarly Families in rural areas have their income accumulated about 24% in which the income from salary or Labour force wage account for about 29% of total income meaning it has increased about 21%. 36. Family net income in Cambodia is 214 U.S dollars in average per month in 2010 which increased by 19% compared to that in 2009. Average net income per person is 48 dollars per month which increased by 25%. Average net income per person in rural areas is different from that in the cityAverage net income for people living in Phnom Penh is 2.8 times more than that in rural areas. 19 | Page UnofficialTranslation iii. Family Expense 37. Monthly average expense on consumption is about 1,122,000 riel per family and 266,000 riel per person in 2010. Monthly average consumption expense has increased very little between 2009 and 2010. Monthly consumption expense per person has increased by 5%. The amount of consumption expenses has significant change from one area to another. Table 3: Composition of consumption expense calculated as monthly average for each person in 2009 and 2010 Calculated in thousand Percentage Composition of Consumption expenses riel of total consumption expense 2009 2010 2009 2010 Food and beverage (non-alcoholic) 124 122 49 46 Alcohol and tobacco 6 5 2 2 Clothing and footwear 7 7 3 3 Household, water, electricity… 50 57 19 21 House furniture… 3 2 1 1 Medical care 19 21 8 8 Transportation 12 14 5 5 Telecommunication 5 5 2 2 Entertainment and culture 3 3 1 1 Education 5 7 2 3 Other goods 21 23 8 9 Source: Cambodia socio-economic investigation in 2010 38. Composition of consumption expenses per capita differ from one to another for instance; expenses on food and soft drink account for nearly haft of total consumption expense about 46%, but this number decrease by 3 % compared to that in 2009. In contrast, household expenses such as: water fee, electricity and energy which is the second largest expense that has increased a little bit by19% in 2009 to 21% in 2010. After the expense on necessities such as meal and household demand, the expenses on medical care is also deemed as large expense, ranked 3rd about 8% of total expense. 20 | Page UnofficialTranslation VII. Employment Injury and Workers’ Health 39. In 2011, the Kingdom of Cambodia has enterprises totally505,143 with 1,676,263 workers in total and the enterprises which have more than 8 workers account for 18,028 with 756,606 workers. For registrations in The Employment Injury Insurance Scheme until 2013, there were 6,107 enterprises with 847,175 workers. Therefore, this scope covers The Employment Injury Insurance Scheme for enterprises which have more than 8 workers accounted for 33.87% with workers approximately 112.63% equal to 50% of total workers throughout the country equal to 11% of total Labour force and about 6% of total population nationwide without taking into account of annual growth rate. 40. A long with the provision of Employment Injury Insurance, we can know a lot of information related to workers’ situation, particularly, the Employment Injury and expense situation because these services cover the entire numbers of enterprises which have more than 08 workers throughout country compared to the figure of enterprises census in 2011. 41. Until the last 2013, the Employment Injury Insurance Scheme has registered 847,175 workers in total. For workers in textile, garment and footwear, there are 600,000 workers equal to 70% of all registered workers. Among that, women participation account for more than 70%. For age-group from (18-28) years old there are more than 58.08 % and age-group from (29-39) years old account for 33.62% and the majority are women. Therefore, we can assume that most workers are women and in the age between 18 to 39 years old. 42. Average wage of workers per capita is approximately 575,000 riel. Those whose wage is (0-350,000 riel) account for 14.1% whereas those whose wage is (350,001-650,000 riel) account for 59.33%, and workers whose wage is (650,001 -1,000,000 riel) account for 15.27%, and those with 1,000,000 up account for 11.30%. 43. The annual work injury is approximately 01% compared to numbers of workers who have registered in the Employment Injury Insurance Scheme, so among 100 workers there are more than one worker get work injury a year. In 2013, there are 16,775 workers get work injury (12,030 women) which contributed to 70%. Among all work injury, work injury at workplace account for 12,060 workers equal to 71.89%and commuting accident account for 4.703 equal to 28% while occupational disease account for 12 workers which is less than 1%. For degree of injury, there are15, 440 workers suffered from minor injury which is equal to 92% and 1,227 workers equal to 7.3% had severe injury whereas 96 workers equal to 0.57% died. 21 | Page UnofficialTranslation Table 4: Employment Injury report (for enterprises, establishments consist of more than 8 workers Numbers of Years registration workers The Employment Injury report (workers) Total Women Workplace Commuting Injury injury Occupational disease 2009 387,046 3,553 2,878 0 2010 594,686 7,611 5,878 5,099 2,512 0 2011 674,217 12,571 9,734 9,006 3,565 0 2012 768,134 14,223 10,709 10,573 3,642 18 2013 847,175 16,775 12,030 12,060 4,703 12 Source: Annual report of National Social Security Fund 44. Besides work injury, there is also non-work injury which account for more than 2% and faintness case is seen more than 5% of total work injury whereas other non- work injury related to health problem is deemed as an alarming number which needs to be reported every year. 45. Based on the basis of benefits provision to workers in 2013, there are 15,059 workers with 6,926 million riel expense, in average one person spend around 459,000 riel. For medical care benefits, there are 8,245 workers with 5,254 million riel expense equal to 76% of total expense. If calculated in average, the expense for victim treatment per capita is about 637,000 riel. Therefore, workers who had work injury need to spend more than 600,000 riel for treatment which is under the responsibility of National Social Security Fund. 22 | Page UnofficialTranslation CHAPTER II JUDICIAL FRAMEWORK AND STRATEGIES 23 | Page UnofficialTranslation Chapter II Judicial Framework and Strategies I. Judicial Framework i. National Framework 46. The Constitution of the Kingdom of Cambodia in 1993 is the National Supreme Law and the provisions of social protection for citizen regardless of all forms of discrimination including rights to Social Security Scheme and other social benefits. This Law has set up special provisions for Social Security in-systematic economic sector for workers. 47. Chapter III, Rights and duties of Cambodian people, Article 36, paragraph 4 “Cambodian people both genders are entitled to social Insurance and economic benefits which was set up in the Law”. Chapter VI, Education, Culture and Social Affair, Article 57 “The state has set up Social Security Scheme for workers”. 48. Labour Law in 1997: This Law covered all vocational communication resulted from work contract between employers and employees to ensure better working conditions and maintain harmonization in industrial relations, safety and health strengthening at workplace. After Constitution, Labour Law is the foundation of the establishment of Law on Social Security for persons defined by the provisions of Labour Law. 49. This Law has clearly defined work injury definitions(2), employers are in charge of work injury which happened on workers for medical Insurance, providing allowance and other social benefits as set in Chapter 9 about Work Injury, Article (248-257) 2 Work injury: an accident is considered to be employment injury : ‐ Accident inflected on the body of the worker, regardless of the cause, if it happens to a worker working or during the working hours, whether or not the worker was fault; it is the accident inflicted on the body of the worker or an apprentice with or without wage, who is working in whatever capacity or whatever place for an employer or manage of an enterprise. ‐ Equally, accidents happening to the worker during the direct commute from his residence to the work place and home are also considered to be employment injury as long as the trip was not interrupted nor detour made for a personal or non‐work‐related reason ‐ Occupational disease as stated in the law considered as employment injury and gains the same repair. 24 | Page UnofficialTranslation 50. Apart from that, this Law also defined that the Employment Injury Insurance under the general Scheme is implemented by National Social Security Fund. 51. Law on The Social Security Scheme for persons defined by the provisions of Labour Law in 2002: Aiming to set up Social Security Scheme for persons defined by the provisions of Labour Law in Kingdom of Cambodia including: 1. Pension Scheme concerning the benefits provision of old-age, invalidity (3), and death. 2. Employment Injury Scheme concerning the benefits provision of work injury and occupational disease4. For other Schemes, it shall be prescribed by subsequent sub-degree based on the current national economy. 52. Sub-Degree on the establishment of National Social Security Fund: Establish Public Administration institution aiming at serving public social services called “National Social Security Fund” with acronym “NSSF” and is technically under the tutelage of the Ministry of Labour and Vocational Training and financially under Ministry of Economy and Finance. 53. NSSF has duties to manage Social Security Scheme in compliance with the Law on the Social Security Scheme for persons defined by the provisions of the Labour Law concerning benefits provision (5) and collecting contributions (6) from members, facilitation on organizing health care services and social affair for the benefits to its members and cooperate with involved organization to raise awareness on how to prevent work injury and occupational diseases as well as taking action on technical security and work hygiene. 54. Besides the above frameworks there are also other judicial frameworks such as: inter-ministry statements, declarations and decisions related to the process of National Social Security Fund in accordance with the Law on the Social Security Schemes for persons defined by the provisions of Labour Law. 3 Invalidity: premature worn state, whether or physical, before the age of 55 that cause of loss of earning capacity. 4 Occupational disease: the disease that cause from work employment regarding to physical work, exposure to toxic substances and other employment performs in insalubrious conditions or areas in which cause various disease. 5 Benefits: is a kind, cash benefits or services that providing to NSSF members when they are old, invalidity and employment injury. 6 Contributions: is the money that members and employers contribute to National Social Security Fund through law as the benefits to pay for workers. 25 | Page UnofficialTranslation ii. International Framework 55. Global Declaration on Human Rights: is the foundation of human rights which have been ratified by United Nation Conference in December, 10, 1994 stating that all persons have the rights to participate in social activities, get protections and other benefits from society equally regardless of all forms of discrimination. 56. Article 22 “ All people regardless of any status in society have the rights to Social Security set up for those persons to satisfy their rights in economy, society and culture which is necessary requirements in terms of dignity and individual characteristic development through national efforts and international cooperation in line with the preparation and resources of the each state. 57. Article 25 “All Persons have the rights to obtain decent living conditions to support their own health and welfare as well as family like clothing, shelters, heath care, other social services and social protection in case when they are unemployed, having diseases, disability, become widow or widower, getting old or lose the ability to earn a living in which those inabilities stemmed from the will of individual.. 58. Philadelphia declaration in 1944: focused mainly on goals and purpose of International Labour Organization (ILO), which recognized the duty of this organization for all nations on world program to achieve the following: - Strengthening the method of Social Security to provide basic foundation of income towards the need of protection and comprehensive health care.. - Life protection and workers’ health in all profession. - Children welfare protection and maternity. 59. ASEAN: aim to promote a joint development for all sectors among member states so as to achieve one ASEAN community, one identity and one vision. For Social Security sector, this community has decided to issue join-statements and some work plans for cooperation in region. 60. ASEAN community plan in 2015 focus on three pillars: 1:.Political-Security Community, 2: Economic Community, and 3: Socio-Cultural Community in which social protection was prioritized and integrated into the third pillar( Socio-Cultural Community) in preparation of social safety nets system and protection from negative impacts of integration and Globalization through enhancing experience exchange in Social Security system and developing Social Security standard in member countries. 26 | Page UnofficialTranslation 61. Declaration on ASEAN Human Rights in November, 192012 with further commitment on Global Declaration on Human Rights, United Nation Charter, Vienna declaration and activities program as well as other international human right regulations which ASEAN member countries are the state party. The Joint principle 30.1 states that “All persons have the rights on Social Security including social Insurance to help them ensure the way of living with dignity and property”. 62. Joint statements of Labour Ministers during ASEAN plus three summits onthe seventh summit conducted in May, 11 2012 in Phnom Penh, Cambodia between ASEAN Labour Ministers and parties from China Republic, Japan and Korea Republic for the cooperation and exchange of opinions which focus mainly on issues related to the effort to improve social protection and skill development. 63. Besides the above foundations, there are some foundations related to Social Security whichASEAN member countries have agreed such as: ASEAN action plans on Social Safety Nets, Bali Declaration on the enhancement of role and participation from persons with disability in ASEAN Community and that every ASEAN Labour Ministers Summit shall have discussion on Labour force qualifications and ensuring Social Security Insurance to workers. 64. ASEAN Social Security Association (ASSA): is non-governmental organization which was set up to provide platform to members in exchange of opinion and experiences on Social Security. Members in this Community include all Social Security Nations in ASEAN member countries in which the National Social Security Fund of the Kingdom of Cambodia is also the member. The main purposes of this Community are to: - Enhance the development of Social Security field in the regions through the purpose of Law and regulations of member countries. - Enhance cooperation in the regions for all fields of Social Security activities. - Exchange of experiences and information on Social Security. - Work in cooperation with other Social Security institutions in East Asia along with other Social Security organizations around the world. - Cooperate in prevention, enhancement and development of Social Security Scheme through training, workshop, and discussion. 65. Convention No. 102 of International Labour Organization has determined the project on the importance of Social Security foundation guidelines in which all Social Security systems have been 27 | Page UnofficialTranslation promoted to a widest development. Convention 102 is the important foundation convention of Social Security for all member countries of ILO that represent international recognition and was also regarded as a symbol that played an important role in supplement the rights on Social Security defined by the Law on International Human Rights. It is the only one international convention which define the scope and all nine minimum benefits of Social Security. 66. Besides these, there remain other regulations related to Social Security which were developed and organized through discussion and universal recognition that Social Security is the basic rights in society all persons need to obtain. II. - International Treaty on rights in Economy, socio-culture. - Convention on the elimination of all forms of Racism - Convention on the Rights of Disability - Convention 121 on Work Injury Benefits - Convention 128 on Invalidity, Old-Age and Survivor Benefits - Convention 130 on Medical Care and Disease Benefits Strategy Framework i. Rectangular Strategy Phase III 67. Rectangular Strategy Phase III is a socio-economic policy agenda of political platform for the 5th legislature mandate of the Royal Government of Cambodia for the purpose of growth, employment, equity and efficiency aiming at promoting agricultural sectors, physical infrastructure development, private sector development and employment, capacity building and human resources development through the core enforcement of good governance in fighting against corruption, Law and judicial system reform, public administration reform, and arms forces reform including peace coverage environment, political stability , security and social order, macro-economic environment and favorable financial and environmental sustainability, partnership in development and Cambodia integration into the region and the world. 68. In this strategy, the Royal Government of Cambodia aims to promote social intervention through enhancement of Good Governance, work development and provision of social safety nets to all persons, civil servants and workers “Rectangular 4 : capacity building and human resources development, angle 3 social protection system development” has indicated clearly about the will of the Royal Government to reduce poverty, promote social stability and harmonization of the people. 28 | Page UnofficialTranslation Figure 2: Diagram of Rectangular strategy phase III Source: Rectangular Strategy phase III ii. National Strategic Development Plan 2014-2018 69. National Strategic Development Plan 2014-2018 is a roadmap for implementing Rectangular Strategy phase III. This plan has been set up via specific method by setting responsible Ministry to implement all prioritized policies in each angle of Rectangular Strategy Phase III and determined specific activities and value evaluation so as to implement all prioritized policies. 70. This strategy clearly mentioned about prioritized policies of the Royal Government in the IV legislature mandate in which social protection development system was integrated into capacity building and human resource development. Based on this trend, the Royal Government will continue to strengthen social protection system to be intertwined and harmonized so as to ensure sustainability 29 | Page UnofficialTranslation and efficiency which covered all public and private sectors including clear division of duties between policies, judicial regulations and operation. 71. To implement prioritized policy in strengthening of social protection, this strategy also raise up some priorities to enhance the efficiency social services provision as well as the enhancement of Social Security system and capacity building in the institution. Based on this priority, some specific policies was raised in promotion of family welfare and society, development and rehabilitation welfare of children and youth, enhancement of disability’s welfare, old-age, veterans and establishment of Social Security for general citizen and enhancement institution capacity and partnership intensification. iii. National Social Protection for the poor and Vulnerable (2011-2015) 72. This strategy was coordinated and organized by Council for Agricultural and Rural Development that was participated by involving sectors such as: Government representatives at National and SubNational level, Civil Society Representative and other Development Partners. National Social Protection Strategy for the poor and vulnerable was organized to implement prioritized activities raised in Rectangular Strategy and National strategic development plan 2009-2013 and supplement policies, plans and all strategies of relevant Ministries both direct or indirect for social protection. 73. This strategy is comprehensive and has included all social protection systems as the benefits for the poor and vulnerable and has determined the mains policies toward poverty reduction by raising about the priority of social protection of the Royal Government regarding the poor, vulnerable situation as well as social protection policies and strategy of Cambodia “Chapter II, Social Protection is the first priority of the Royal Government of Cambodia” 30 | Page UnofficialTranslation Figure 2: Process toward in-depth social protection Source: National Social Protection Strategy for the Poor and Vulnerable (NSPSPV ) iv. Financial Development Strategy (2011-2020) 74. Financial Development Strategy in 2011-2013 has its acronym “FSDS 2011-2020” is the update strategic documents aiming at proceeding the development of strong financial system and based on market policy for congregating and allocating resources effectively in contribution to economic growth sustainably. This strategic document has been coordinated and the cycle of action plan in sub-sectors correspond with long-term vision for financial sector as a whole. Moreover, it also focuses on the need of financial integration in ASEAN regions on behalf of Cambodia as a member in ASEAN Economic Community (AEC). 75. Chapter III mentioned about non-banking finance on pension Insurance Scheme and capital market share for Pension Scheme in which the Royal Government has established National Social Security Fund for Civil Servants, Veterans and handicap under the Ministry of Social Affair, Veterans and Youth Rehabilitation which are being implemented for public sector and this Ministry have also been drafting on Social Security for general citizen in the Kingdom of Cambodia. 76. Pension Scheme for persons defined by the Law on Social Security for persons defined by the provisions of Labour Law which was implemented by the National Social Security Fund, 31 | Page UnofficialTranslation technically under the tutelage of the Ministry of Labour and Vocational Training and currently have been implementing on Employment Injury Insurance Scheme. 77. On the other hand, the Ministry of Economy and Finance is preparing Law on Insurance which pave the way for volunteer pension from private sector. v. Strategic Plan of Labour and Vocational Training Development 2014-2018 of the Ministry of Labour and Vocational Training 78. The Ministry of Labour and Vocational Training has actively been trying to implement political propaganda of the Royal Government with significant results and have been developing more works in compliance with Rectangular Strategy Phase III through the release of Strategic Plan development concerning Labour and Vocational Training in 2014-2018 for the purpose of working conditions and harmonization of industrial relation, technical and vocational training development, employment and occupational development, and the development of Social Security Schemes for persons defined by the provisions of Labour Law as well as Good Governance enhancement. 79. Also, the Social Security Schemes for persons defined by the provisions of Labour Law was set forth as the fourth prioritized strategy which includes the strengthening and extending of Employment Injury Insurance application, the functioning of Health Insurance Scheme and push forward preparation of Pension Scheme which indicates a clear policy of the Ministry in ensuring the enhancement of better working conditions and maintain the harmonization in industrial relations. 32 | Page UnofficialTranslation CHAPTER III CAMBODIAN SOCIAL SECURITY SECTOR 33 | Page UnofficialTranslation Chapter III Cambodian Social Security Sector 80. Social Security Sector in Cambodia has progressed remarkably in the last recent years, thanks to some strategic plans of the Royal Government of Cambodia in terms of comprehensive social protection and better enhancing of people’s living standard towards poverty reduction and social stability boost including Rectangular Strategy Phase I, II and III for growth, employment, equity and efficiency in Cambodia, National strategic plan development, social protection strategy for the poor and vulnerable (2011-2015) and financial strategy development 2011-2020. Besides the above strategies, there are also legal instruments and some other strategic plans which was subsequently set up to provide Social Security services to people to suit with current National Economy. Social Security Sector in Cambodia includes Social Security Scheme for persons defined by the provisions of Labour Law, Social Security Scheme for Civil Servants, Veterans and Disabilities, Social Safety Nets for general citizen focusing on the poor and vulnerable and some other Social Security services both contributory and non-contributory as well as Social Security Insurance from private sector in compliance with Insurance Law. Figure 3: Scope of NSPS on the Poor and vulnerable Source: National Social Protection Strategy for the Poor and Vulnerable 34 | Page UnofficialTranslation I. The Social Security Schemes for persons defined by the provisions of Labour Law 81. Social Security work in private sector implemented by NSSF. NSSF has mission to serve public social services and is obliged to manage Social Security Schemes in pursuant to the Law on the Social Security Schemes for persons covered by the provisions of Labour Law. 82. NSSF has implemented the first step on the Employment Injury Insurance Scheme which until the end of 2013 has extended its scope in 24 provinces/cities nationwide and has registered 6.107 enterprises with 847,175 workers, and so has provided Employment Injury Insurance Scheme to its member over 50,000 workers. NSSF will also plan to implement the second step on Health Insurance Scheme in 2014, and the third step on Pension Scheme in 2015. II. Social Security Schemes for civil servants, veterans, and disabilities 83. The Ministry of Social Affair, Veteran, and Youth Rehabilitation is liable for developing and organizing the Social Security Schemes for Civil Servants, Veterans, and Handicap Fund. The Civil Servants are under the liability of NSSF for civil servants (NSSF-C) in pursuant to the Royal Decree on Social Security Schemes for Civil Servants aiming at prescribing Social Security Schemes, enforcement institution and funds for supporting Social Security Schemes for civil servants covered by the provisions of the Law on common statute of civil servants of the Kingdom of Cambodia. 84. The Social Security Schemes for Civil Servants covered on the retirement benefits, employment disability, maternity, work injury, death, and survivors as well as dependents. Until 2012, there were 38,943 retired persons and 3,711 disable persons who are receiving Pension Scheme. 85. The veterans are under the liability of National Fund for Veterans (NFV) in providing Social Security Schemes for veterans and their families for which until the end of 2012 there were all kinds of veterans and families received Social Security Schemes from state, which account for 93,014 families, 28,157 disable families, 39,393 devotee families, 4,346death families, 19,396retired families, 1,722 invalidity families, and 214,641 survivors’ families. The Royal Government spends 12,102,311,186 Riel a month from implementing this Scheme. 86. This Ministry is also liable for the managing handicap fund in accordance with the sub-decree on the preparation and the functioning of handicap fund (HF) which is a public administration establishment contributing to better promote disable field. with program support from involved organization, the Labour Rehabilitation Center has provided all kinds of Labour rehabilitation services around51,753 persons including physical rehabilitation service around 20,821 persons, and medical rehabilitation service about 30,932 persons. 35 | Page UnofficialTranslation III. Social Security Nets for the Poor and Vulnerable 87. The Social Security nets for the poor and vulnerable people are involved with Ministries, development partnerships, organizations, and the stakeholders in providing social protection for all citizens to gain access to nutrition, medical care, technical and vocational training, and protection and intervention from society when suffering from injuries for the purpose of poverty reduction and promoting social stability. 88. The Royal Government of Cambodia has been paying high attention to social health protection. In 2012, poor people were protected by financial health service mechanism including the exemption of health service fee, Health Service Fund (HEF) and reproductive health cards which was sponsored by the national budget and partner fund. Some people have been protected by community based health Insurance (CBHI), a pre-payment of contribution by its members, the Insurance based on volunteer principle and the budget from involved partners and equity fund program which covered all people living under the poverty line approximately78%. 89. Service Payment exemption is being carried out in local public health facilities with a view to promote the consumption from poor people. The exemption on service payment and the consumption discount on poor people account for 2,112,973 cases in total equal to 9.4 million dollars on the exemption of service payment in 2012. 90. Equity fund are being implemented in 370 health centers equal to 36% of the total health centers and 64 hospitals equal to 70% of the total of 91 hospitals in 58 operating districts among 79 operating districts nationwide. The equity fund which was sponsored by the health support program in second phase (contribution budgets of the government and development partners) with total consumers: 1,170,951 cases, and equity fund sponsored by the national budget with total consumers: 42,792 cases. 91. The reproductive health project for poor women was implemented in January 2011 in 9 operating districts in 3 provinces. This project is consumed by poor women around 36,299 cases in 2012. 92. Community based health Insurance project is supported by the contribution of members based on the voluntary guideline. There are 19 community based health Insurance projects which are being operated in 11 provinces and in Phnom Penh through the signing of contract with 179 health centers and 13 referral hospitals to provide health service for 166,663 its members. 36 | Page UnofficialTranslation IV. Social Security Insurance through Insurance Law 93. The Royal Government of Cambodia has paid high attention to continue promoting and developing Insurance sector in Cambodia to be developed through reform mechanism on Insurance Law, and urging all Insurance companies to analyze thoroughly as well as managing risk effectively. The Insurance field plays a crucial role in developing the country and in promoting Social stability through the supplement on the Insurance sector which is under the liability of the state which has not yet provided comprehensive Insurance service and coverage to the citizen throughout the country. 94. Insurance Law was promulgated in 2000 and the Insurance used in this Law refers to the signing of commercial insurance contract in which the insured people are obliged to pay Insurance premium7 to the Insurance company, and that the Insurance company shall provide compensation for the damages, property loss resulting from the accident, or compensate when the insured people are dead get injured, handicap, and have diseases, or when those persons reaches a deadline which both parties have agreed as set forth in the Insurance contract. 95. In 2011, the general Insurance sector in Cambodia has contributed around 0.23% to the gross domestic product which increased in average around 20% annually with 11 operators in total that received license from the Ministry of Economy and Finance. 96. The Insurance sector had a stable growth between 2010 and 2011. The average level was over 20% a year when the premium revenue increased from 24,755,038.27 U.S dollars in 2010 to 30,210,253 U.S dollars in 2011. Besides, individual worker related injury Insurance had decreased by 7.98%, which may possibly resulted from the enforcement of employment Insurance Scheme borne by NSSF. 97. In 2013, the Insurance sector in Cambodia has contributed around 0.29% to the gross domestic product which increased in average around 17% annually with 19 operators in total that received license from the Ministry of Economy and Finance. In that, there are 6 general insurance companies, 3 life insurance companies, 1 sub-contractor insurance company, 2 small-scale insurance companies, 1 commission insurance company and 6 insurance agents which have been operating in Cambodian insurance markets. 98. Insurance premium revenue in 2013 is totally 43,898,311 U.SD and the premium revenue from general insurance is 41,856,417 U.SD which increased by 16% compared to that in 2012, the premium for life insurance is 1,922,989 U.SD which increased by 1,517% compared to that in 2012 and the premium for small-scale insurance is 118,905 U.SD which increased by 463%, 7 Insurance premium: the amount of money has to be paid to the insurance company by the date of the contract of the insurance company. 37 | Page UnofficialTranslation Table 5: Whole Insurance premium revenue in general Insurance companies(Wrong figure) Kind of Product ACLEDA CAMINCO Campu- Cambodia Lottery -Vietnam Forte Infinity Total Car 683,430 1,921,254 425,333 278,133 1,588,667 850,193 5,743,712 Fire 952,026 275,478 1,924,284 299,459 2,907,331 1,354,642 7,715,022 Ship 30,005 24,417 79,529 70,079 343,076 50,013 597,119 1,405,040 44,949 227,474 102,557 852,030 1,170,868 3,802,918 Architecture 52,117 4,154 0 0 0 0 56,271 Individual injury 307,015 146,459 253,723 37,707 1,132,704 4,540,223 2,331,630 Health 240,796 20,452 152,978 124,656 1,240,924 2,572,292 4,352,097 Work injury Other 1,196,183 10,968 1,149,028 1,285,032 1,654,622 320,277 5,611,485 Total 4,196,183 2,448,130 4,212,349 2,197,624 9,719,354 6,777,307 30,210,253 Source: Department of Insurance and Pension 38 | Page UnofficialTranslation CHAPTER 4 SOCIAL SECURITY SCHEMES FOR PERSONS DEFINED BY THE PROVISIONS OF LABOUR LAW 39 | Page UnofficialTranslation CHAPTER 4 The Social Security Schemes for persons defined by the Provisions of Labour Law 99. The Social Security Schemes for persons defined by the provisions of Labour Law implemented by National Social Security Fund (NSSF) aiming at establishing Social Security Schemes for persons defined by the provisions of Labour Law within the territory of the Kingdom of Cambodia including: pension, Employment Injury, and other Schemes in line with the current national economy. I. The Employment Injury Insurance Scheme i. General Aspect 100. The Employment Injury Insurance Scheme (work related injury) has been put into practice in November, 2008. This Scheme covers all workers determined by the Law on Social Security Schemes for persons defined by the provisions of Labour Law. The Employment Injury Insurance Scheme covers on accident at workplaces or during working, commuting accident, and occupational diseases. 101. In the preliminary stage of implementation on employment Insurance policy for enterprises or establishments which employ 8 workers or more are obliged to register and pay contributions for their workers to the national Social Security fund. The contribution rate equals 0.8% of the workers’ total wage. The contribution is borne by the employers without deducting the wage of workers. 102. All workers of the enterprises or establishments who have registered in the National Social Security Fund are entitled Employment Injury benefits when the persons concerned suffered from work injury. The benefits of Employment Injury include emergency service provision, medical treatment and care, daily allowance for temporary disability8, benefits of permanent disability9, incidental allowance for caretaker of the victim10, funeral allowance11, survivors’ benefit12, and rehabilitation service13 8 Daily allowance for the temporary disability: shall be granted from the second day following the date of the accident suffering the work injury that this allowance equals 70% of daily average wage. 9 Benefit of the permanent disability: shall be provided to the workers suffering the work injury to cause permanent disability less than 20%, are eligible to enjoy allowance and incurred more than 20%, are eligible to have pension for the permanent disability. 10 Incidental allowance for caretaker of victim: workers, suffering the work injury to cause the permanent disability, are required a caretaker that is eligible to gain the incidental allowance equals 50% of the pension of victim. 11 Funeral allowance: in case of the employment injury resulting in death, survivors of the victim shall be granted the funeral pension, 4,000,000 Riel, for the funeral preparation. 40 | Page UnofficialTranslation Commented [VC1]: Repeated sentences ii. Achievements 103. The Employment Injury Insurance Scheme has been extended in 24 provinces nationwide and has registered 6,107 enterprises with 852,240 workers and has provided Employment Injury benefits to over 50,000 members until the end of 2013. This Scheme has also put in place the emergency call, 1286 (HotLine) and has signed contract with 65 hospitals and private medical institutions aiming at enabling workers suffering from work injuries to gain emergency and medical care services on time. 104. In circumstance where the world is suffering from global economic crisis, the Royal Governments of Cambodia has assisted investors in garment and footwear sector which use a large number of labour forces by reducing the contribution rate of the Employment Injury Insurance Scheme from 0.8% to 0.5% for a period of 2 years (2009-2010). Whereas the 0.3% of contribution is borne by the state in which within 2 years the state shall pay contributions on behalf of garment and footwear enterprises around 8,717,155,459 Riel. 105. From 2011 onward, the case of workers’ faintness in garment and footwear sector in some capitalprovince were solved by NSSF to collaborate with with the Ministry of Labour and Vocational Training in establishing the investigation and prevention committee for worker’s faintness at enterprises (IPCWFE) with the role to investigate the causes of worker’s faintness, took emergency actions, and coordinated with hospitals and relevant authorities in order to enable the victims to gain the emergency service. Through this committee, until 2013, there were over 4,000 fainted workers who gained emergency service and 176 factories with 38,817 workers received training on work statutes, hygiene conditions, work security, and faintness prevention. 106. In case of commuting accident, there were about 20% of total annual accident in which this problem is also impact on public order and increase the burden of the entire Social Security. In response to this problem, road traffic safety team protection for workers (RTSTPW) with participation from administrative members and representatives of civil society established for the purpose of preventing the possible road traffic accident when workers commute. In one year period which is in 2013, the teamwork have organized meeting for 24 times on the dissemination on preventing traffic accident at 172 factories with 4,747 participants who are transport drivers for workers and its representatives. 12 Survivors’ benefit: the pension shall be granted to the beneficiaries of the victim suffered the work injury resulting in death. The beneficiary has husband or wife, children, parents, or ageing persons. The beneficiary who is a spouse of the victim must have a marriage license certificate, and this entitlement will be abolished when the spouse remarries. 13 Rehabilitation service: workers suffered the work injury and caused the permanent disability, are eligible to have prosthesis limbs, work rehabilitation service, and vocational retraining. 41 | Page UnofficialTranslation 107. In preparation to the ASEAN integration in 2015 and in order to strengthen the international cooperation with the regional Social Security entity, NSSF become a member in ASEAN Social Security Association (ASSA), and have signed a Memorandum of Understanding with Korea Worker’s Compensation and Welfare service (COMWEL), and signed on the joint Prakas regarding the membership of Asian Worker Compensation Forum (AWCF) in order to exchange new work experiences and develop knowledge on Social Security sector, and integrate Cambodian Social Security into the region. iii. Challenges 108. In the context where Cambodia has just enforced the Employment Injury Insurance Scheme for the first time, the functioning of this scheme encountered many difficulties in view of a number of employers did not understand precisely the Law on the procedure and formality of the implementation of Employment Injury Insurance Scheme policy, particularly registration and contribution payment conducted by IT system which is difficult for small-scale enterprises with limited human resource. 109. The implementation of some employers’ liability is not yet improved concerning the registration in the National Social Security Fund, late payment of contribution; cover up of number of workers, changes of enterprises’ name or owners, and late notification on work injury which imposed difficulties in the investigation on the causes of work injury and led to late benefits provision to the victims. 110. The knowledge of workers is still limited including the benefit claim to non-work injury, the lack of marriage certificate, falsification of marriage certificate, or making marriage certificate after the spouse death. Some workers don’t have accurate identity (using others names or fake documents) to receive treatment at hospitals which have not signed contract with NSSF or use the service not on target, and irresponsible for medical treatment compensation on non-work injury. 111. The quality of medical services is limited. Some hospitals and clinics are slow to take good care of the victim exaggerate medical fee or addition of service cost, and behave inappropriately on the victims. 112. The implementation of the first step still has some challenges concerning the capacity of the establishments and limited capacity of some officials, unsmooth data management system (need to be reformed), and the late provision of service accidentally. These challenges are inter-related and have impacts on the delivery of benefits to the victims. 42 | Page UnofficialTranslation iv. Future Plan 113. Extend the implementation boundary of the Employment Injury Insurance Scheme: with a view to enabling the persons defined by the provisions of the Labour Law to gain the good service widely in response to the actual demand and growth of national economy. 114. Strengthen and develop the Employment Injury Insurance Scheme: in purpose of ensuring law enforcement, the implementation of Employment Injury Insurance Scheme policy, the management of IT more effectively in line with the international standards, and the growth of members and employment coverage. 115. Take measures on preventing work injury: with the aim to avoid and cut down on work injury of workers through the preparation of actions to prevent, and provide emergency care on work injury, the conduct of workshop and consultative meetings, dissemination and instruction, measure taken on Social Security and hygiene, field visit and facilitation on work injury for victims to receive the emergency service. 116. Provide rehabilitation service: workers who are the member of NSSF suffering from work injury resulted in permanent disability shall be granted rehabilitation both on mental and physical with a view to ensuring the possibility of full participation with equity for the victim in social activities. II. Health Insurance Scheme i. General Aspect 117. The Health Insurance Scheme for workers is outlined in Rectangular Strategy Phase III of the Royal Government of Cambodia which is set to operate in 2014. Also, judicial regulation, procedure, and some employment formalities as well as benefits provision, registration, contribution collection, payment mechanism on health service, and some formalities of implementation are being organized with the aims of implementing the Health Insurance Scheme successfully with trust from workers who are member of NSSF. 118. Along with this commitment, on behalf of Cambodia as the ASEAN member and the readiness of ASEAN integration in 2015, the establishment of Health Insurance Scheme plays a vital role in making the third pillar successful, ASEAN Social-Cultural Community with a view to organizing Social Security Nets and protection from the negative impacts of integration and globalization. Most ASEAN member states have been implementing Health Insurance Scheme, so Cambodia shall prepare this Scheme in order to reduce the gap of gaining Social Security Nets between ASEAN member states and 43 | Page UnofficialTranslation also to encourage domestic labour forces to contribute and increase the productivity for reducing workers migration to foreign countries. 119. In connection with the situation of workers over the last recent years, there were cases of workers faintness at enterprises or establishments in some capital-provinces; for instance, in 2013 there was 4% of worker’s faintness out of the total work injury. Most of these cases were found related to workers’ health problem and diet, especially the lack of hygiene in living, saving, and the hesitation to go for medical check-up due to high fee of medical services. 120. Besides the faintness, there were also other employment injuries which are regarded as non-work injury; in this case, workers went to get treatment from contracted hospitals with and without reporting to NSSF which is a matter of concern. 121. These situations have huge impacts on living standard of workers who is the victim and that need to pay for their own treatment for which it will have further impacts if there are accidents or health problems until disability or death to the family of the victims and the whole society which need to shoulder the burden of taking care of spouse, children, or ageing persons in the family. ii. Achievements 122. The Royal Government of Cambodia strived actively to deal with workers health issues so as to provide clear systematic health insurance services.. Since 1997, through the presence of Labour Law, all enterprises and establishments are required to have emergency room or infirmary in order to rescue and provide first-aid for their own workers. 123. In 2009, the Royal Government allowed organizations named: Group de Recherche et Déchanges Technologiques (GRET) of French responsible for implementing health Insurance project (HIP) in partner with the Ministry of Labour and Vocational Training and Garment Manufacturers Association in Cambodia (GMAC) sponsored by Agence Franciase de Development (AFD) to begin the implementation of pilot project on health Insurance on garment factory workers. 124. Since 2011, the incident of worker’s faintness occurred in some garment and footwear factories which involved mainly with workers’ health problems. Seeing these problems, Samdech Akka Moha Sena Padei Techo Hun Sen, the Prime Minister of the Kingdom of Cambodia approved on 27 August, 2011 concerning the functioning of Health Insurance Scheme with a view to promote the health of workers. 44 | Page UnofficialTranslation 125. In compliance with the above approval, NSSF strived actively to research and organize the formality and procedure for the functioning of Health Insurance Scheme by forming teamwork in which many officials were sent to join in the training course, study tour, and consultative workshops both national and international levels for many times and have prepare legal instruments and enforcement mechanism with fruitful results 126. In the objective of implementing this Scheme effectively and sustainably, the involvement from relevant experts on the analysis and financial management are inevitable. Basically, NSSF has collaborated with International Labour Organization (ILO) and German International Cooperation (GIZ) to prepare mechanism, analysis, and assessment on the expenditure and project implementation with fruitful results subsequently. 127. Until December 2011, the Ministry of Labour and Vocational Training, Garment Manufacturers Association in Cambodia (GMAC), Group de Recherche et Déchanges Technologiques (GRET), and National Social Security Fund (NSSF) witnessed and reached the signing of memorandum of understanding on voluntary social health protection in garment enterprises or establishments in the Kingdom of Cambodia with a view to cooperating with all parties and recognizing health Insurance project (HIP) which will assist to the implementation of Health Insurance Project of NSSF. 128. In supplement to the Memorandum of Understanding in 2011 in July 2012, all parties including the Ministry of Health signed Memorandum of Understanding on the support of social health protection in Cambodia. The Ministry of Labour and Vocation Training through NSSF has provided contribution budget to pay for the expense on medical fee for family members’ treatment of Health Insurance Project totally 30,000 € for the expense until 30 September, 2013. 129. On 13 May, 2013, the Governing Body of National Social Security Fund decided unanimously on the preparation of process on Health Insurance Schemes (SHI Roadmap) and seeks approval from both tutelage Ministries in order to include health Insurance Project (HIP) under NSSF at the end of September 2013 . Next, on October 2013, HIP was transferred into this project under direct control from NSSF, which shall continue operation on the old management system of HIP until the obliged Insurance system start to function. 130. The result of these efforts, the HIP project which compose of 11 factories and 7,200 workers was transferred to be directly under the NSSF on October 2013 and is being operated successfully. 45 | Page UnofficialTranslation iii. Challenges 131. The Health Insurance Scheme is compulsory and new in Cambodia. This Scheme is more difficult than the Employment Injury Insurance Scheme which involves mainly with officials’ capacity and staff; particularly those who are skillful in medical field; this kind of expert is hard to find because they demand high wage which is more than the wage of officials and civil servants. 132. The preparation of judicial regulation and IT system for fundamental implementation still needs skillful workers and participation from relevant parties with a view to reaching and providing full Health Insurance Scheme for the workers. 133. The workplace space is so narrow. Nowadays NSSF’s buildings are being used only for officials and staff of the Employment Injury section which does not meet the demand of health Insurance because we need more human resources. 134. The quality of health Insurance is limited including the capacity of skillful practitioners, medical apparatus, medicines, and the service provision does not comply with the guidelines of the state. This problem leads to unqualified service provision and lose of trust on domestic medical service which impacts severely on the implementation of the Health Insurance Scheme obliged by the state. 135. Some data which is the basis in determining payment mechanism of health service is still in shortages; especially data involving the offsetting of basic rate for each disease type which leads to the difficulty in health service payment. Moreover, the examination and assessment on the quality of service providers are not accurate, and the assessment analysis on health facilities has not yet defined.. iv. Future Plan 136. Prepare the formality and implementation procedure: by organizing training courses for officials and staff, preparing judicial regulation and hold consultative meeting with relevant partners with a view to gathering ideas and experiences for arranging health Insurance thoroughly. 137. Organize IT system: IT system is very crucial for the management of each Scheme of Social Security. The implementation of Health Insurance Scheme is more difficult than the Employment Injury Insurance Scheme, so it is required to prepare IT system thoroughly in order to ensure the process effectively and sustainably. 46 | Page UnofficialTranslation 138. Prepare payment method on health service: To avoid and cut down on the consumption and service provision not on the target from service providers and receivers. 139. Disseminate and determine implementation steps: In order to enable the stakeholders to be aware of the procedure and formality of the implementation of health Insurance scheme. The dissemination will determine the implementation steps specifically in capital-provinces in order to pave the way for registration, contribution collection, and benefit provision in compliance with each step as scheduled. III. The Pension Scheme i. General Aspects 140. The Social Security Schemes for Civil Servants is being carried out by National Social Security Fund for Civil Servants in pursuance with Royal Decree on Social Security Schemes for civil servants promulgated in 2008. The Pension Scheme for workers in private sectors implemented by the National Social Security Fund in accordance with the Law on the Social Security Schemes for persons under the provision of Labour Law promulgated in 2002 which is set to be launched in 2015. 141. Pension benefits for persons defined by the provisions of Labour Law including old age pension or allowance, invalidity pension, and survivors’ pension and allowance. Each NSSF member who is 55 years of age is entitled to old age pension provided that he or she has registered in NSSF within a period of at least twenty years and have paid contributions at least sixty qualifying months within the last ten years. 142. The preparation of Pension Scheme for workers in private sectors highlighted the effort of the Royal Government of Cambodia towards the future of current active labour force and furthermore, it also contributes to the promotion of labour productivity because through this mechanism, the current labour force has warm feeling in their future even though they are working in private sectors, they can live by themselves when reaching the old age without depending on their children’s financial support. 143. This policy contributes to the encouragement on workers both in private and public sectors, that is to say, abolish the concept that working as in private sectors cannot get the pension because only the civil servants in public service can gain pension. Therefore, when this Scheme functions, the workers in private sectors will receive the same pension scheme as the civil servants. 47 | Page UnofficialTranslation ii. Achievements 144. In the initiatives of the process on Pension Scheme for persons defined by the provisions of Labour Law, the Royal Government has outlined financial development strategy plan 2011-2020 approved on 25 November, 2011. This plan is a roadmap for long-term financial development in which Pension Scheme was also put in the financial development sector. 145. Meanwhile, in preparation of the implementation of Pension Scheme, the NSSF pay high attention on capacity building and strengthening officials capacity by dispatching them to join in training courses, national and international study tour with a view to gaining work experiences many times. Additionally, the training course on IT skill is also prepared for managing pension system. iii. Challenges 146. The implementation of Pension Scheme still has some challenges with regard to the preparation of judicial regulation and capacity. The functioning of this Scheme required clear set of implementation mechanism in building judicial framework, structure, IT system, and skills in order to provide service right on the target and ensure efficiency. 147. The data collection on demographic statistics in the Kingdom of Cambodia is still limited which is the major issue in analyzing data regarding the citizen’s affordability as well as the workers’ eligibility to get Pension Scheme and prediction of data changes. Also, the statistic of economics is not yet accurate and is still a challenge for data analysis on the contribution payment rate which affect severely on the implementation of Pension Scheme. 148. The prescription of citizen’s national identity is not yet complete. Some people don’t have national identity cards and some others have overlapped national identity. 149. The improvement of IT sector in the Kingdom of Cambodia is still limited. Technological device is not yet modernized and the experiences and implementation on this sector is limited. Moreover, this factor is still a challenge to the implementation of Pension Scheme. iv. Future Plan 150. Study the possibility of functioning Pension Scheme: through Pension Scheme mechanism preparation by establishing a research teamwork to study on possible process of Pension Scheme with a view to enabling the organization to be responsible for ensuring work results as expected and also to ensure the stability of pension finance. 48 | Page UnofficialTranslation 151. Prepare judicial regulation and human resources training: for the basis implementation and promoting the capacity of officials and staff to have knowledge and competency in providing good service of Pension Scheme to the members. 152. Set up IT system for the implementation of Pension Scheme: on the establishment of registration system, contribution payment, provision of benefits and data transmission system to the account of retired persons in partner banks with a view to quick sharing of information and make it easy for members to get pension punctually. 153. Dissemination and outline implementation steps: via dissemination through media system in order to enable all stakeholders, particularly the owner of enterprises, establishment, and workers themselves understand the implementation policy on Pension Scheme and prescribe the implementation steps for registration and contribution collection from the enterprises, establishment, and workers in preparation of providing old age pension and allowance to workers. 49 | Page UnofficialTranslation CHAPTER 5 SOCIAL PROTECTION STRATEGY FOR PERSONS DEFINED BY THE PROVISIONS OF LABOUR LAW 50 | Page UnofficialTranslation Chapter 5 Social Protection Strategy For persons Defined by the Provisions of the Labour Law 154. Social protection strategy for persons defined by the provisions of Labour Law was established to implement legal regulation successfully, the strategic plan of the Royal Government, and the international regulation to the Social Security sector for persons under the provisions of Labour Law. This strategy is a work based program on Social Security with a view to implementing Rectangular Strategy Phase III of the Royal Government of Cambodia to increase employment, equity, and efficiency as well as aiming for ASEAN integration in 2015 in organizing Social Security nets and protection from negative impact resulted from integration and globalization in region in terms of bridging the gap of accessibility to Social Security nets between member states. I. Vision 155. National Social Security Fund has precise visions in ensuring provision of Social Security for persons covered by the provisions of Labour Law thoroughly and effectively to all workers working in private sectors in line with the growth of the national economy and regional improvement. “Ensure Social Security with efficiency, transparency, accountability, and punctuality for persons defined by the provisions of Labour Law.” i. Mission 156. The importance of Social Security Insurance is to provide the protection to citizen based on the vision of sharing and solidarity guideline in society ensuring income security. Through Social Security Insurance, social members shall be protected from the risk of income loss in view of the Employment Injury. These enable them to trust in the entire society which pave the way for balance in the society ensuring stability and harmonization in the society, and contributes to accelerate policy implementation on poverty reduction of the Royal Government. “Provide Social Security service with efficiency, transparency, accountability, and punctuality for persons defined by the provisions of Labour Law in purpose of relieving difficulties in times of old age, invalidity, death, occupation risk, or other contingencies i.e. disease and maternity.” III. Goals 157. With a view to achieving its vision and mission in insuring Social Security service provision effectively, NSSF has prescribed 4 goals: 1) extending and strengthening the implementation of 51 | Page UnofficialTranslation Employment Injury, 2) Functioning of health Insurance, 3) Functioning of Pension Scheme, and 4) strengthening good governance. i. Goal 1: Extending and strengthening the implementation of Employment Injury 158. The Employment Injury Insurance Scheme has been functioning for over 5 years and extended its scope in 24 provinces nationwide. Through this period, NSSF has seen and gained a lot of experiences both strength and weaknesses which is challenging, and that need further coordination and solution. 159. Clarity, coordination, and timely resolution shall be strengthened, particularly; strengthening, extending, and developing the Employment Injury policy, taking actions on preventing work injury and preparing formality and procedure to be better with a view to insuring the implementation of Employment Injury Insurance Scheme as well as the entire Social Security sector with efficiency and quality in compliance with the growth of members and employment coverage in response to the growth of social economy both in the country and the region. Strengthening the implementation boundary of Employment Injury Insurance Scheme 160. NSSF will continue to organize the dissemination meeting on the implementation of Employment Injury Insurance Scheme in capital-provinces for the stakeholders, especially for employers and workers to understand more clearly about the formality and procedure of the implementation of Employment Injury Insurance Scheme as well as Social Security sector. The dissemination meeting will be conducted at least 12 times a year. 161. The national economy has developed rapidly and the growth rate of annual workers account for around4.47%. According to this growth, NSSF will strengthen the registration of enterprises, establishments, and workers to increase further and get ready in establishing branches in 24 provinces nationwide, recruit officials and staff as well as signing contract with local health centers more with a view to provide service to members on time. 162. In Cambodia, the labour force from 01 to 07 account for about 90,000 workers equal to 54.9%. This is considered large amount which haven’t received Employment Injury Insurance Scheme from NSSF yet. The first step of the implementation only prescribed the enterprises or establishments employing from 8 workers or more. From 2018 onward, the Employment Injury Insurance Scheme will be implemented for employers using 1 worker up, so all workers will gain Employment Injury Insurance Scheme. 52 | Page UnofficialTranslation 163. With the aims of extending the implementation boundary, IT system will be also prepared through extension link between management system and IT network in all branches of NSSF for ensuring the efficiency of management and transferring data on time. Strengthening and developing the Employment Injury Insurance Scheme 164. In strengthening the implementation of the Employment Injury Insurance Scheme policy, NSSF will focus on inspection, investigation of work injury, and taking administrative measures on the enterprises, establishments which do not comply with the law for the purpose of better law enforcement ensuring registration on enterprises, establishments and workers as well as paying contribution on time and correctly. 165. In addition to law enforcement and existing mechanism, the preparation and formality reform as well as procedure for implementation are very significant for developing Social Security task more effectively including list of occupational disease, guideline preparation on the control of pieceworker14 to the Employment Injury Insurance Scheme, guideline preparation on self-employed profession, seasonal or occasional work, guideline prescription on trainees and apprentice who are compulsory to register and pay contribution in NSSF with a view to serving this sector to receive Insurance as the general workers. 166. Through this objective, IT system for Employment Injury Insurance Scheme will be developed better on the system of registration management and contribution of workers and enterprises or establishments, and the benefit management system and SMS system for the workers. Taking measures on preventing Employment Injury 167. Annual work injury estimates approximately 10,000 cases equal to 1% of the total of workers who have registered in the Employment Injury Insurance Scheme in exclusion on the accidents and general diseases of workers which is non-work injury. This case, both work injury and non-work injury required measures to be taken promptly. 168. Preventive actions shall be in line with the benefit provision or compensation for victims in which prevention is better than cure. When the number of accidents decreases, it makes the expense decreases 14 Pieceworker: is a person who gets the work from the entrepreneur to recruit the manual worker by himself with a view to operate the work or provide any service with the total price. 53 | Page UnofficialTranslation accordingly and Social Security Finance will be balanced maintaining labour force which led to high productivity, and reduce social burden. The mechanism of the Employment Injury prevention will be studied and compiled the statistics of work injury as well as collecting information thoroughly from the work injury conditions with a view to assess and take actions. 169. Meanwhile, other mechanism will also be implemented together through discussion meeting with stakeholders to prepare measures in order to disseminate and instruct on prevention, and emergency rescue in case of work injury to employers, workers, and stakeholders. Furthermore, this cooperation is also joined by hygiene work security staff for the purpose of conducting field visits in hand as well as coordination on work injury for victims to receive emergency services. Rehabilitation Service Provision 170. Workers who are the member of NSSF shall be provided with rehabilitation service in case of suffering from work injury resulting in permanent disability to gain rehabilitation, both mentally and professionally, with a view to ensuring the possibility of full participation and equality of victims in social activities. 171. The assurance of Social Security not only provides medical treatment and compensation but also includes preventive actions and rehabilitation. It means that the first preventive action doesn’t cause any accidents or diseases, it requires medical treatment. Then, if the victim is in critical conditions resulting in permanent disability, he / she shall be provided rehabilitation and live in society as ordinary people. 172. In order to achieve this goal, NSSF will prepare employment implementation mechanism, human resource training, preparation judicial regulation implementation basis, collaboration with stakeholders in order to prescribe and assess the service provision correctly, establish data management system, and sign contract with rehabilitation service organization in capital-provinces. ii. Goal 2: Functioning of Health Insurance Scheme 173. The Employment Injury Insurance and Health Insurance Schemes are two mechanisms which need to complete each other because the health of workers cannot only be covered only on prevention of disease or accident caused by work related injury, but also on disease prevention or general injury that is not related to work. The links of these two Schemes are inter-related and also provide full protection for workers ‘health. 54 | Page UnofficialTranslation 174. After succeeded the first step on Employment Injury Insurance Scheme, and according to the growth of national economy which leads to the growth of investors in country and workers working in the enterprises or establishments that require high attention on work rules, especially for the health problem of workers. Obviously, over the last recent years, there were cases of workers’ faintness at enterprises or establishments in capital and some provinces. This case was found related to the health problem and diet of workers as well as the hesitation to go for medical check-up owing to the high fee of medical service. 175. Besides the faintness case, there were also many other non-work related injury on workers who went to get treatment service in the contracted hospital as well as reported and not reported to NSSF with regard to health problem which is a matter of concern. These situations have a serious impact on workers ‘health and living standard which requires high expense on medical service and also influence family and the entire society. Health Insurance will push the workers to consider more about their own health problem in view of gaining free medical service and also promoting appropriate works. 176. Based on these principles, 4 targets were prescribed accurately for implementing on the formality and implementation procedure of the Health Insurance Scheme, IT system setup, prepare health service payment procedure, and public dissemination as well as implementation steps with a view to achieving the provision of Health Insurance Scheme to workers officially in 2014. Preparation on formality and implementation procedures of Health Insurance Scheme 177. The preparation of formality and implementation procedure step 2 in the past, NSSF has established teamwork for the functioning of Health Insurance Scheme since 2012. Through this teamwork, the readiness of implementing the work achieved remarkable results. Until the end of 2013, this teamwork was transformed to division and has continued implementing Health Insurance Scheme of HIP and has been doing the remaining works as well as adding some other incomplete works with a view to implementing obliged Health Insurance Scheme for workers. 178. NSSF will continue training on capacity building for officials and staff on Health Insurance Scheme through collaborating with other development stakeholders with the aim of organizing training course and study tour to gain experience both inside and outside country. In order to ensure the implementation on Health Insurance Scheme, which is a new work and more complicated than the Employment Injury Insurance Scheme along with systematic training, NSSF will organize training mechanism at workplace in hand. 55 | Page UnofficialTranslation 179. The Social Security Schemes for workers have been raised in the constitution since 1993, but the functioning of medical care Scheme for workers in this sector is a new work for Cambodia. In this context, the establishment of judicial regulation for fundamental implementation is indispensable. The preparation shall be collaborated with other development partners to collect ideas and experiences for preparing detail technical works with legal instrument basis so as to pave the way for effective implementation. 180. Meanwhile, the research and analysis on the possibility of service coverage, which is not yet included, will be implemented with relevant stakeholders with a view to prescribing an acceptable service for all and ensuring the continuity of the whole project. In line with prescribing the covered service, the finding of service providing partners will also be implemented through formality preparation and creating basic assessment tool on health for quality recognition and reaching contract agreement on service consumption right on target, punctually and with quality. Setting up IT system for Health Insurance Scheme Implementation 181. IT system is indispensable for the implementation of Social Security Schemes and entity management. Hence, it is required to prepare IT system thoroughly with a view to ensuring the process effectively. The preparation of IT system for this Scheme shall be started from the establishment of registration, contribution payment, and benefit provision separately from other Schemes for easy control and with mechanism for analysis and assessment on the project’s situation, especially on financial aspects for taking adjustment measures and settlement on time. 182. Collaborate with the Ministry of Interior with a view to identifying workers ‘identity and providing new ID smart card to the workers with accurate data for the basis in prescribing workers’ identity and quick service delivery. Also, this project will pave the way for the setting up of complaint system from workers to record the request and other challenges to be resolved on time along with better work improvement. 183. The preparation will also be applied on the study of possible change on data collection management system, the possible change on the joint management system between the Employment Injury Insurance and the Health Insurance Schemes, the link of management system of Health Insurance Scheme with the accounting system, the acceleration of data transferring between the central office and branch division, and the procedure preparation and systematic control equipment with high efficiency for the Health Insurance Scheme. 56 | Page UnofficialTranslation Preparing health service payment procedure 184. Prepare health service payment procedure for implementing with health facilities partners on Health Insurance Scheme which involves mainly with the providers and receivers of health service. This issue is a focal point in implementing Health Insurance Scheme of all Social Security entity because it is related to the stability and sustainability of the whole project. Therefore, it is required that there is proper procedure and health service payment mechanism participated by relevant stakeholders. 185. In this goal, NSSF will prepare system of health service payment precisely, install monitoring system on members’ validity in the contracted health facilities, and designate agents to standby at those health facilities for coordinating and dealing with daily works with a view to ensuring good service provision and minimizing the consumption or using the service not on right target. Public dissemination and determining implementation steps 186. Nowadays, NSSF has been implementing the pilot project of Health Insurance Scheme with 11 factories and 7, 000 workers in Phnom Penh. Based on the experiences on this pilot project, the Health Insurance Scheme is compulsory and shall be functioning in 2014 and the dissemination plan is being carried out in order to enable relevant stakeholders, especially employers and workers, to understand the procedure and the formality of the implementation of Health Insurance Scheme through workshop, dissemination meeting, and advertising in public media. 187. With dissemination work, the Health Insurance Scheme will prescribe the implementation boundary step by step in capital-provinces to register on enterprises, establishments, and workers with a view to enable workers to get access to Health Insurance Scheme with accurate system and that will reach to the whole country coverage. 188. With a view to ensuring better benefits delivery of Health Insurance Scheme, NSSF will also put in place investigation mechanism on its own members concerning the impacts after gaining medical service in order to take actions on dissemination on health promotion, prevention program, and first-aid to workers, and for fundamental analysis on health facilities partners to provide medical service more effectively to workers. 57 | Page UnofficialTranslation iii. Goal 3: The functioning of Pension Scheme 189. Pension Scheme on Public Sector for Civil Servants implemented by NSSF for civil servants (NSSF-C) of the Ministry of Social Affairs, Veteran, and Youth Rehabilitation. The Pension Scheme for persons defined by the provision of Labour Law has been implemented by NSSF of the Ministry of Labour and Vocational Training which covers on benefits, old age pension and allowance, invalidity pension and allowance for survivors, a new Scheme which is the same as Health Insurance Scheme for all people in Cambodia. Therefore, when this Scheme is functioning, the workers working in private sector shall be granted the same pension as that of civil servants. Studying the Possibility of functioning Pension Scheme 190. Pension Scheme for persons defined by the provisions of Labour Law will be implemented in 2015 by requiring mechanism preparation of Pension Scheme through the establishment of research teamwork to organize this Scheme in advance in order to have entity in charge and achieve work result as scheduled. 191. In terms of preparation, there shall have some study cases on the impacts on the implementation of Pension Scheme regarding demography , workers, and economic and social situation. This Scheme provide long-term benefits, which need in-depth studies, particularly on the age form of members and living standard for assessing the time frame of benefit provision, contribution rate prescription, and appropriate benefits to be in line with current national economy. 192. After studying and collecting full information from all dimensions along with the conduct of consultative meeting with relevant stakeholders to discuss on preliminary result, collection of ideas, and work experiences for the basis of continuing the preparation and assessment analysis on the entire project implementation. Furthermore, the discussion also includes the collaboration from mathematic experts of Social Security to record the contribution rate and benefits package with a view to ensuring financial management of Pension Scheme sustainably. Preparation of Judicial Regulation and Human Resource Training 193. Prepare judicial regulation for fundamental implementation of Pension Scheme including formality preparation and registration procedures, contribution payment, benefits provision, and some necessary judicial regulations related to the joint implementation of Pension Scheme. Meanwhile, with a view to organizing the judicial regulation to be meaningful completely, it is required the participation from all relevant stakeholders through workshop and discussion meeting together in order to collect ideas to be integrated into these judicial regulations. 58 | Page UnofficialTranslation 194. Build officials and staff capacity to have clear knowledge and ability in providing good service on Pension Scheme with a view to building trust in service delivery through collaborating with development partners working in Social Security section, prepare training courses and conduct study tour to gain experiences both inside and outside the country. Meanwhile, the appointment and recruitment of officials and staff who are knowledgeable on Pension Scheme to perform their own works more importantly and will implement together in promoting capacity building and better implementation of Pension Scheme. Setting up IT system for the implementation of Pension Scheme 195. IT system is indispensable for managing Social Security Schemes as well as Pension Scheme. In the context where Cambodia has just prepared the implementation of this Scheme, human resources and technology are still limited. The setting up of IT system must be collaborated with national and international experts in building safe data basis as well as finance and accounting system with a view to ensuring the management of revenue and expenses of Pension Scheme with high efficiency. 196. According to this basis, the establishment of registration system, contribution payment, and the establishment of benefit provision system shall be implemented together regarding the implementation of the first step. Moreover, there is also study on the possibility of data transferring to the account of the retired persons in partner banks with a view to sharing information quickly and assist members in getting pension on time. Public dissemination and implementation steps 197. Dissemination through workshops, meetings, spot productions and leaflet as well as other media systems with a view to enable all relevant parties, especially the owner of enterprises, establishments, and workers understand the implementation of Pension Scheme policy. 198. Implement the Pension Scheme step by step in capital-provinces concerning the registration of enterprises, establishments, and workers as well as contribution collection in order to enable workers in private sectors to gain the same Pension Scheme as the civil servants. With registration and contribution collection, NSSF will prepare to provide old age allowance to workers who haven’t satisfied with conditions in receipt of old age pension before reaching to provide long-term pension in the future and coverage throughout the country. 59 | Page UnofficialTranslation iii. Goal 4: Strengthening good governance 199. Along with the implementation of technical works on the provision of Employment Injury Insurance service, the readiness of functioning of Health Insurance and Pension Scheme as well as the strengthening of good governance are a significant catalyst for promoting public service provision effectively, with transparency, accountability, and timely. The good governance is still the core value of Rectangular Strategy Phase III, and also the core of social justice, and the sustainable and equitable socio-economic developments. In order to achieve this goal, some directions are implemented as follows: Increasing the efficiency and quality of public administration service 200. These directions will focus mainly on capacity strengthening and internal management system, information provision mechanism and resolutions as well as the preparation and reform on some management policies with a view to increasing public service provision on Social Security with efficiency and quality. 201. To strengthen capacity building and internal management system, NSSF will conduct training courses for officials and staff at least 50% every year to all officials and staff as well as intensifying interior management system, and organize management policy on human resources to be in compliance with policy on internal management and Law on common statute of civil servants of the Kingdom of Cambodia. 202. In addition to capacity building and internal management system, public dissemination will be extended comprehensively with a view to raising awareness to relevant parties, especially employers and workers, to know clearly about the compulsory Insurance policy of Social Security.. Furthermore, the information retrieval mechanism and solutions will be established simultaneously with a view to dealing with the requests and problems on time. 203. Some management policies will be also prepared and reformed including the duty of medical committee, management system of health service consumption, IT infrastructure, and some management policies, which will provide protection, utilization, and management effectively, and ensure the respect of Law and achieve other objectives. 60 | Page UnofficialTranslation Strengthening of financial management and property 204. To strengthen financial management and property with transparency, accountability, justice, efficiency, quality, equity, saving, and timely in pursuant to the Law on public financial system and Law on the public procurement. 205. With a view to achieving this direction, the mechanism of financial management and some properties will be strengthened and further developed on the prescription of procedure and formality of financial management, financial analysis of Social Security Schemes, the establishment of investment committee, the preparation plan of procurement and supply as well as the preparation for maintenance mechanism and joint property utilization in order to ensure the maintenance, consumption, financial and property supply right on target. Strengthening and extending the cooperation with national and international partners 206. In era of globalization, the cooperation with national and international partners are important in developing and strengthening the relationship between stakeholders and development partners both inside and outside the country with a view to promote knowledge development, information exchange, quotation, and exchange of new work experiences. In this direction, some major activities are set to be implemented as follows: - strengthen and extend the cooperation with national and international institutions on Social Security in order to exchange information and data on Social Security field. - strengthen the implementation of national and international regulations on Social Security, and continue investigating the implementation of Agreement and Memorandum of Understanding. - Continue joining annual meeting with other Social Security organizations in which NSSF has become member including the meeting and other workshops as well as organizing study tour to exchange experiences both inside and outside the country. Strengthening plan building mechanism, statistics, and legislation 207. To strengthen the building of plan, statistics, and legislation through preparing long-term strategy, short-term plan, and making annual reports as well as raising direction for rollout implementation in order to make ways for comparable mechanism, assess the implementation, and be a roadmap for guiding the implementation in the right purpose as well as continue collaborating with the Ministry of Health and stakeholders for building plan, statistics, and legislation in contribution to achieve the royal government policy on social development and national economy. 61 | Page UnofficialTranslation 208. Compile and revise judicial regulation with a view to ensuring provision of Social Security service more effectively and appropriate to the development at national and international levels as well as in the region. In addition, judicial regulation preparation, the strengthening mechanism on administrative practice will also be implemented altogether on the act of not obeying law and Social Security guideline. Strengthening Internal Audit 209. Make internal audit plan by prescribing the goal, extension, and implementation mechanism with a view to conducting the credible audit in accordance with the guideline and vocational standard of internal audit. With the implementation plan building, report making will be applied as well for showing work results, providing improvement recommendation and corrective measures. 210. Collaborate with national audit authorities and expert institutions to organize training course on audit knowledge, financial works, internal management mechanism, and some fundamental knowledge to the department leaders in entity and the internal audit officials to gain knowledge for management and leading works in each section as well as the whole organization for improvement. Furthermore, the collaboration with financial officials from the Ministry of Economy and Finance in conducting audit with a view to guiding financial management to be appropriate to the Law on public financial system. 211. In additional to the project planning task and collaboration, NSSF will prepare mechanism for examining and conducting internal audit on some significant fields including: finance, contribution, benefit provision, and other activities in both central departments and branch departments in capitalprovinces aiming at increasing efficiency in internal management and risk prevention with a view to ensuring the using of resources sustainably and providing better service on public administration. Promoting Gender Equity in Social Security Field 212. The strategic goals of the Royal Governments in section 5 on gender equity promotion is issued through the strengthening of citizen qualification and promoting women status which is regarded as the backbone of economy and society, as well as changing youth to be a crucial catalyst for development in all sectors. 213. Through this spirit, gender equity in Social Security sector will be promoting through pushing and motivating women to join in Social Security works as well as providing priorities of the important duty in the work. In Social Security sector, NSSF will provide Employment Injury Insurance Scheme, the functioning of Health Insurance Scheme, and Pension Scheme with a view to enabling workers, particularly female workers, to gain additional Social Security service. Meanwhile, there are also participation of project building and stakeholders in mainstreaming and sharing the gender information in Social Security sector with relevant stakeholders. 62 | Page UnofficialTranslation 63 | Page UnofficialTranslation Chapter 6 Action Plans on the Implementation of Social Protection for Persons defined by the Provisions of Labour Law in 2014-2018 3 - These action plans are made for the strategic planning implementation with a view to achieve four main goals concerning objectives, direction and specific actions with indicator, unit , and implementation year for investigating, measuring, and implementing each action precisely. - In These plans, goals, objectives, actions, indicator, and each year of implementation are subject to be changed based on the actual situation. Goal 1: Strengthening and extending the implementation of employment injury insurance scheme Year of Implementation 2014 2015 2016 2017 Objective 1: Strengthening the implementation boundary of employment injury insurance scheme No Action Indicator Amount 1.1 Continue dissemination on the implementation of employment injury insurance policy Dissemination meeting in capital-provinces Times 15 12 12 12 12 NSSF 1.2 Set up branch division of NSSF in capital, provinces, and districts Number of branch division of NSSF in capital, provinces, districts Division 2 6 10 10 10 NSSF 1.3 Sign the contract Number of health with health facilities facilities in capital, in capital, provinces, provinces, districts and districts Heath facility 25 150 50 30 20 NSSF 64 | Page UnofficialTranslation 2018 Operating Entity Register the enterprises, establishments, and workers Number of enterprises, establishments, and workers 1.5 Reform on Prakas regarding the stage prescription, extension of the implementation of employment injury insurance, and Prakas on the registration of enterprises, establishments, and workers in NSSF Process of Prakas reformation % 1.6 Implement the registration of employers employing more than 1 worker Process of implementation % 1.4 Enterprise 1,000 1,000 1,000 1,000 5,000 Worker 100,00 0 50,000 50,000 50,000 400,00 0 100 NSSF 20 Extend connection of management system and IT network in the Process of connection 1.7 % 100 branch division of network NSSF in capital, provinces, and districts Objective 2: Strengthening and developing employment injury insurance scheme 2.1 Carry out inspection at enterprises and establishments Number of inspections 65 | Page Times 5,760 6,336 NSSF NSSF NSSF 6,779 7,117 UnofficialTranslation 10,675 NSSF 2.2 Investigate work injury Workers suffering from work injury shall gain benefits legally Victim 17,675 17,543 17,311 16,979 21,447 NSSF 2.3 Take administrative actions on the enterprises and establishments which do not comply with the Law Rate of enterprises and establishments complying with the Law % 89 90 91 92 92 NSSF 2.4 Organize guidelines on the control of pieceworkers for employment injury insurance Process of organizing Prakas on the control of pieceworkers % 50 100 NSSF 2.5 Prescribe guidelines on trainees and apprentice Process of organizing Prakas on employment injury insurance for trainees and apprentice % 50 100 NSSF 2.6 Organize guidelines on self-employed profession, and occasional or seasonal work Process of organizing Prakas on employment injury insurance for the persons who are selfemployed, occasional or seasonal work % 50 100 NSSF 66 | Page UnofficialTranslation 2.7 2.8 2.9 Research and compile list of occupational diseases Improve the management system of registration and contribution of enterprises, establishments, and workers Improve the management system of benefits Process of organizing Prakas of inter-ministry on prescription of the nature of occupational diseases % 50 Process of organizing the management system of registration and contribution % 100 % 95 Efficiency of the benefit provision for victims Install SMS system Process of SMS system 2.10 for workers installment Objective 3: Taking actions on preventing work injury 3.1 Research and compile statistics of work injury Process of researching and compiling statistics of work injury 67 | Page % % 100 NSSF NSSF 96 97 98 NSSF NSSF 100 70 99 100 UnofficialTranslation NSSF 3.2 Conduct meeting with stakeholders on preventive measure and emergency rescue in case of work injury for employers, workers, and other stakeholders Number of the meetings with stakeholders times 20 20 20 20 20 NSSF, IPCWF, RTSTPW 3.3 Dissemination and instruction on preventive actions and emergency rescue for employers, workers, and other stakeholders Number of the dissemination and instructions Times 44 40 30 30 30 NSSF, IPCWF, RTSTPW 3.4 Collaborate with stakeholders to take measures on work security, hygiene, and emergency rescue of work injury Decreasing rate of work injury % 1.80 1.70 1.60 1.50 1.40 NSSF, IPCWF, RTSTPW 3.5 Conduct field visit and coordinate work injury of victim to receive emergency service Efficiency of gaining emergency service % 85 90 93 95 97 NSSF, IPCWF, RTSTPW Objective 4: Providing rehabilitation service 68 | Page UnofficialTranslation 4.1 Set up mechanisms to organize rehabilitation service provision Process of organizing the rehabilitation service mechanisms % 50 100 4.2 Human resource training in rehabilitation section Number of officials received training course on rehabilitation Person 7 10 4.3 Research and coordinate with stakeholders Process of the research % 50 100 NSSF 4.4 Organize judicial regulations Process of organizing judicial regulations % 50 100 NSSF 4.5 Prescribe and assess the condition of victims' disability for service grant Efficiency of providing rehabilitation service to the victim % 50 65 4.6 Establish data management system for provision rehabilitation service Process of organizing data management system % 50 100 4.7 Sign the contract with service providing entity Number of entity which provide rehabilitations service 69 | Page Entity 10 NSSF 15 75 20 85 25 95 NSSF NSSF NSSF 5 5 UnofficialTranslation 5 NSSF Goal 2: Implementing health insurance scheme Year of Implementation 2014 2015 2016 2017 Objective 1: Organizing the formality and procedure of health insurance scheme N Actions Indicator 1.1 Organize judicial regulations for implementing health insurance 1.2 Organize meeting with the stakeholders in order Number of meeting to collect ideas and experiences 1.3 Research and analyze possibility of the service coverage which is not included yet 1.4 Organize the formality and set up instrument of service cost assessment of the health facilities Process of organizing judicial regulations Amount 2018 Operating Organization % 100 NSSF Times 10 NSSF Process of researching and analyzing the nature of service in health insurance % 0 0 50 70 100 NSSF Number of health facilities recognized by the quality Health facility 60 100 200 300 500 NSSF Objective 2: Setting up IT system for health insurance scheme 2.1 Set up system of registration and contribution payment Process of organizing the management system of registration and contribution payment 70 | Page % 100 NSSF UnofficialTranslation 2.2 Organize the management system of benefit provision Process of organizing the benefit management system % 100 2.3 Collaborate with Ministry of Interior in order to prescribe the identity of workers Percentage of workers with ID smart card % 30 2.4 Establish and install complaint system from members Process of establishment and installation % 100 2.5 Study the changeable possibility of database oracle system Process of studying the changeable possibility of database oracle system % 50 100 NSSF Process of studying the possibility and system change % 50 100 NSSF Process of linking the system % 100 2.6 2.7 Study the changeable possibility of the joint management system between employment injury insurance and health insurance schemes Set up connection between the management system of health insurance and accounting (sage) 71 | Page NSSF 70 100 NSSF NSSF NSSF UnofficialTranslation 2.8 Accelerate data transferring between central office and branch divisions Efficiency of data transferring on time % 90 Process of organizing the % procedure and installing monitoring system Objective 3: Organizing payment strategy of health service Organize mechanisms of Process of organizing 3.1 % health service mechanisms payment 100 NSSF 100 NSSF 2.9 Organize procedure and install monitoring system 95 96 98 NSSF 3.2 Organize health service payment through IT system Process of organizing the system of health service payment % 100 NSSF 3.3 Organize Prakas of inter-ministry for using health service of health insurance scheme Process of organizing Prakas of inter-ministry % 100 NSSF 3.4 Set up and install monitoring system of members' validity in health facilities Number of health facilities to be equipped Health facility 60 100 200 300 500 NSSF 3.5 Nominate NSSF agent to standby in health facilities Number of NSSF agent standby at health facilities Agent 28 100 50 50 50 NSSF Objective 4: Public dissemination and determining implementation steps 100 72 | Page UnofficialTranslation 4.1 Dissemination meeting on the implementation of health insurance scheme in capitalprovinces Number of the dissemination meeting 4.2 Produce spot and leaflet Number of spots and leaflet 4.3 Implement health insurance scheme in capital-provinces 4.4 Times 1 Spots 1 1 1 leaflet 1 1 1 Number of capitalprovinces Capitalprovince 1 7 5 5 7 Register and collect contribution from enterprises, establishments, and workers Number of enterprise, establishment, and workers registered in system enterprise 600 4,500 2,000 2,000 5,900 worker 360,00 0 550,00 0 80,000 80,000 430,00 0 4.5 Provide benefits of health insurance to the workers Rate of member using health insurance service % 60 50 45 45 45 NSSF 4.6 Investigate the health effect of members who gain medical service Rate of member to be investigated % 5 5 5 5 5 NSSF 4.7 Implement dissemination program on health promotion, and the program of prevention and firstaid for workers Number of prevention program to be disseminated Times 10 15 20 25 30 NSSF 73 | Page 7 5 5 7 NSSF NSSF NSSF NSSF UnofficialTranslation Goal 3: Implementing the pension scheme Year of Implementation 2014 2015 2016 2017 Objective 1: Researching the possible realization to implement the pension scheme Organize the Process of organizing the 1.1 mechanisms of mechanisms of pension % 50 100 pension scheme scheme Study the demographic situation and 1.2 workers on age form Process of studying % 100 for the implementation of pension scheme N Actions Indicator Amount 2018 Operating Organization NSSF NSSF 1.3 Study the economic and social situation Process of studying % 100 1.4 Organize the meeting with the stakeholders Number of meetings Times 8 3 NSSF 1.5 Collaborate with mathematics experts Process of defining of social security in contribution rate and order to prescribe benefits contribution rate and benefit package % 50 100 NSSF 100 NSSF NSSF Objective 2: Organizing judicial regulation and human resource training 2.1 Organize the judicial regulations Process of organizing the judicial regulations 74 | Page % 50 UnofficialTranslation 2.2 2.3 Conduct meeting with the stakeholders to Number of meetings collect ideas in order to put in the judicial regulations Nominate and select the officials and staff have Number of officials and knowledge of staff in charge of pension pension to perform work 2.4 Collaborate with the stakeholders to gain experience both inside and outside the countries 2.5 Train the capacity of Number of officials and officials and staff in staff charge of pension Number of study tour Times 100 NSSF Official and staff 10 5 5 5 5 Times 2 2 2 2 2 Official and staff 10 5 5 5 5 NSSF NSSF Objective 3: Organizing IT system for implementing the pension scheme 3.1 Build data basis of pension scheme in collaboration with national and international experts Process of building data basis and management system % 50 100 NSSF 3.2 Organize the management system of accounting and finance Process of organizing management system % 50 100 NSSF 3.3 Set up the system of registration and contribution payment Process of organizing system of registration and contribution payment % 50 100 NSSF 75 | Page UnofficialTranslation 3.4 Establish the system of benefit provision Process of organizing the systems of benefit provision % Organize data transferring to the Process of organizing to 3.5 account of retired % send the data persons in the partner banks Objective 4: Public dissemination and implementation steps 4.1 Dissemination meeting on implementation of pension scheme in capital-provinces Number of the meetings 4.2 Produce spot and leaflet Number of spot and leaflet Spot Leaflet 4.3 Implement pension scheme in capitalprovinces Number of capitalprovinces 4.4 Register and collect contribution from enterprises, establishments, and workers Number of enterprises, establishments, and workers registered and paid contribution Provide old age allowance to workers Number of workers gain benefit of old age allowance 4.5 50 100 NSSF 50 100 NSSF Times 3 8 14 NSSF 1 1 1 1 1 1 1 1 1 1 Capitalprovinces 3 8 14 Enterprise 5,500 2,000 1,500 6,000 NSSF member 790,00 0 160,00 0 100,00 0 450,00 0 NSSF worker 1,053 1,568 2,568 4,150 NSSF Year of Implementation 2015 2016 2017 2018 Operating Organization NSSF NSSF Goal 4: Strengthening of good governance N Actions Indicator 76 | Page Amount 2014 UnofficialTranslation Objective 1: Improving efficiency and quality of the public administration services Build capacity and Rate of officials and staff 1.1 Train human % 50 50 received training resource 50 50 50 NSSF 1.2 Strengthen internal management system and human resource policy Efficiency of internal management % 90 97 99 99 99 NSSF 1.3 Extend pubic dissemination on social security insurance service Coverage of public information provision % 70 70 70 70 70 NSSF 1.4 Create mechanisms of gaining information and problem solving Efficiency of gaining information and problem solvoing % 80 90 95 97 97 NSSF 1.5 Establish documentary library on social security insurance provision Process of organizing and implementing % 50 100 1.6 Reform the composition and function of medical committee Process of reforming Prakas of medical commission of NSSF % 100 1.7 Set up management system of health service consumption Efficiency of payment and consumption of health service % 95 96 97 1.8 Prepare and renovate IT infrastructure Efficiency of data transferring % 90 95 100 77 | Page NSSF NSSF 98 UnofficialTranslation 99 NSSF NSSF 1.9 Study the possibility Process of linking IT of linking IT networks with partner network with partner banks banks Organize procedure and the implementation 1.10 policy for using materials and IT system Process of organizing % 10 100 NSSF % 100 NSSF % 100 NSSF Times 1 Objective 2: Strengthening financial management and property 2.1 Prescribe procedure and the formality of financial management Process of prescribing the procedure and the formality of financial management 2.2 Analyze finance of social security scheme Number of financial analysis of social security scheme 2.3 Establish investment Process of establishing committee investment committee % 100 2.4 Prepare procurement plan and supply in Efficiency in compliance with the procurement law on public management and supply procurement and financial guidelines % 90 78 | Page 1 NSSF NSSF 97 99 99 UnofficialTranslation 99 NSSF 2.5 Prepare for maintenance mechanism and usage of joint property Efficiency in usage of joint property % 90 97 99 99 99 NSSF Objective 3: Strengthening and extending cooperation with national and international partners 3.1 Strengthen and extend cooperation with national and international institutions working in social security Efficiency of changing information and data in social security % 70 75 80 85 90 NSSF 3.2 Strengthen the compulsory implementation of national and international regulations in social security Compliance with national and international standard % 70 75 80 85 90 NSSF 3.3 Continue investigating and implementing the agreement and memorandum of understanding Maintain good cooperation % 100 100 100 100 100 NSSF 3.4 Participate in annual meeting with ASSA and AWCF, and other meetings and workshops Number of the meetings and workshops Times 10 10 10 10 10 NSSF 79 | Page UnofficialTranslation Organize study visit to exchange 3.5 experiences both Number of study visit Times 5 inside and outside countries Objective 4: Strengthen planning mechanisms, statistic, and legal procedure 5 5 5 5 NSSF 4.1 Build long-term strategic plan and annual planning Roadmap orientation right on target % 100 100 100 100 100 NSSF 4.2 Make the reports of annual work result and raise the implementing direction Compared mechanism and assessment of the implementation Report 1 1 1 1 1 NSSF 4.3 Compile and reform judicial regulation for ensuring social security service Efficiency and more effectively, processing of social and appropriate to security service the development situation both at national, regional, or international levels % 80 85 90 95 97 NSSF 80 | Page UnofficialTranslation 4.4 Keep on collaborating with Ministry of Health and relevant institutions in building plan, statistics, and legitimate works in compliance with guidelines of the royal government The implementation in compliance with policy of the royal government Strengthen the administrative Number of action on actions on rejection rejection of complying 4.5 of complying with with the law and the the law and the guideline guidelines of social security Objective 5: Strengthening internal audit 5.1 Efficiency of the Build plan and make implementation of report on annual internal audit in the right audit purpose 81 | Page % 100 100 100 100 100 NSSF % 80 90 100 100 100 NSSF % 85 90 95 97 97 NSSF UnofficialTranslation 5.2 5.3 5.4 5.5 Collaborate with national audit authorities and the expert institutions, and organize training course on audit knowledge, financial work, internal management mechanisms and other knowledge Collaborate with financial examining officials of the Ministry of Economy and Finance implementing the internal audition Examine, investigate, assess, and provide the recommendation on implementation of social security policy Audit and investigate finance, contribution, benefit provision, and other activities in both central office and branch division Number of training courses Times 1 1 1 1 1 NSSF Annual audit Times 1 1 1 1 1 NSSF Efficiency of management on social security policy 0 80 85 90 95 99 NSSF Reformation and development of financial management system, contribution, and benefit provision of social security schemes % 70 75 80 85 90 NSSF 82 | Page UnofficialTranslation Objective 6: Promoting gender equity in social security sector 6.1 Push and encourage the women to work in social security works, and provide priority of important duties Rate of female officials and staff working in NSSF % 50 50 50 50 50 NSSF 6.2 Provide employment injury insurance, health insurance, and pension schemes Female workers shall be granted insurance compared to the total of workers registered % 71 71 71 71 71 NSSF 6.3 Participate in plan making and report to promote gender equity in social security sector with relevant ministries and institutions Mainstreaming and sharing the gender information in social security sector with the stakeholders % 70 70 70 70 70 NSSF 83 | Page UnofficialTranslation References 3 Law and Judicial Regulation - Constitution of the Kingdom of Cambodia in 1993 - Law on the Labour in 1997 - Insurance Law - Law on the Social Security Schemes for Persons defined by the Provisions of the Labour Law - Law on the Protection and Promotion of the disable rights - Royal Kret concerning the Social Security Schemes for the Civil Servant - Royal Kret concerning the Social Security Schemes for the Veteran - Sub-Kret concerning the Establishment of the National Social Security Fund - Sub-Kret concerning the Establishment of the National Social Security Fund for the Civil Servant - Sub-Kret concerning the Establishment of the National Veteran Fund - Sub-Kret concerning the Organization and Functioning of the Handicap Fund Strategy and Policy of the Royal Government - Rectangular Strategy Phase III - National Development Strategy Planning (2014-2018) - National Social Protection Strategy for the Poor and the Vulnerable (2001-2018) - Financial Sector Development Strategy (2011-2020) - Strategic Planning of the Development of the Labour and Vocational Training Sector (2014-2018) - Recommendation of Samdech Akka Moha Sena Padei Techo Hun Sen, Prime Minister of the Kingdom of Cambodia in the Inauguration of Achievement Building and the opening of the Convention of the Mandate Affairs of Four-Year Action Plan Implementation (2009-2012) and the Work Objectives in 2013 of Ministry of Labour and Vocational Training. Other Documents - General Announcement on the Human Rights in 1948 - Announcement of Philadelphia in 1944 - Convention No. 102 of the International Labour Organization in 1952 - ASEAN Association (ASEAN Planning in 2015 on the Announcement of the ASEAN Human Rights and the Joint Statements of the 7th Summit of ASEAN Labour Officials Plus Three) - ASEAN Social Security Association - General Population Census in Cambodia in 2008 - Enterprise/Establishment Census of the Kingdom of Cambodia in 2011 84 | Page UnofficialTranslation - Cambodian Socio-Economic Audit in 2010 - Macroeconomic Indicators of Ministry of Economy and Finance (dated 30 July, 2013) - Insurance Report in 2011 - Work Result Report in 2012 and Duty Objectives in 2013 of Ministry of Social Affairs, Veteran and Youth Rehabilitation - Health Achievement Report in 2012 and Work Objectives in 2013 of Ministry of Health - Work Achievement Report in 2013 and Implementation Objectives in 2014 of the National Social Security Fund 85 | Page UnofficialTranslation
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