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 it was abolished by Cambodia Democratic Regime during 1975-1979. After this regime ended, continually in 1993, Cambodia promulgated the constitution that is the Supreme Law and Labour Law in 1997. According to these two Laws, in 2002 , Law on the Social Security Scheme for persons defined by the provisions of the 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 progressive situation of National Economy and Integration in Region, the National Social Security Fund have prepared itself through extending, strengthening and developing its ability by organizing five years strategic plan that has clearly vision and mission in implementing the Social Security efficiency, transparency, accountability and punctuality for persons defined by the provisions of the Labour Law to achieve Social Security Services when they get other incidents such as Old Age, Invalidity, Death, The Employment Injury or other incidents such as Diseases and Maternity. In situation that Cambodia have improved in all sectors, ensuring of the Social Security is very important by providing protection for people and partly for workers in enterprises/establishments depend on conception of sharing and solidarity policy in the society, ensuring income security, it means that by ensuring Social Security, there is no social member fall into risk of poverty without overcoming. Anyway, Social Security policy has vital participated in the policy of poverty elimination of Royal Government of Cambodia via policy of sharing, income by vertical and horizontal line mean that higher income help lower income, healthy people help diseases, disabilities or who have other accidents, young people help old people, which made all people in society obtain warming in living, ensuring stability and harmonization in the society. On behalf of the Governing Body, Leaders, Officers, Employees and Workers of the National Social Security Fund and myself, I would like to deep thank Excellency Ith Samheng, the Minister of the Ministry of Labour and Vocational Training who has provided policies and techniques to the National Social Security Fund which has successful processed. I also would like to thank the Governing Body members who have helped and protected for preparing policies, other regulations that are the foundation of NSSF, can process cooperation smoothly and effectively. Moreover, I would like to appreciate and thank officials and workers of the National Social Security Fund who have actively paid attention to make this Organization achieve continuously succeed; especially, on the implementation of the First Step, the Occupational Risk Insurance 2 | Page UnofficialTranslation Scheme and preparing the process of the Second Step, the Health Insurance Scheme and the Third Step the Pension Scheme. Anyway, I would like to thank for supporting from all the Ministries and involving institutions for processing of the National Social Security Fund until now, particularly, for employers and workers that cooperate and implement the Law more better and I would like to ask for continuously cooperation to the processing of the National Social Security Fund in the mission of serving public services in social section more better. Throughout the sincerely participation from all involving sectors, the National Social Security Fund strongly hopes that this strategic plan is being implemented successfully and follow the expectation and become effectively objects and is the compass to guide to implement Social Security policy more development and protruding corner as the benefits for the whole society. 3 | Page UnofficialTranslation CONTENTS Preface 2 Acronyms 6 Summary 7 Chapter I. General Aspects…………………………………………………………………….11 I. Definitions ........................................................................................................................ 12 II. Chronological 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. Cambodia Social Security Sector........................................................................ 33 I. The Social Security Schemes for persons defined by the provisions of the Labour Law ................................................................................................. 35 II. The 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 the Insurance Law .............................. 37 Chapter IV. Social Security Insurances for persons defined by the provisions of the 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 the Labour Law ................................................................................................................................. 50 I. Vision ............................................................................................................................ 51 II. Mission ........................................................................................................................ 51 III. Goals .......................................................................................................................... 52 i. Goal1: Extending and Strengthening the Implementation of the Employment Injury Insurance Scheme ......................................................... 52 ii. Goal 2: Implementing the Processing of the Health Insurance Scheme ................ 54 iii. Goal 3: Implementing the Processing of the Pension Scheme ............................. 58 iv. Goal 4: Strengthening the Good Governance ....................................................... 60 Chapter VI. Action Plan of Implementation of Social Protection Strategy for persons defined by the provisions of the 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 Worker’s 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 the 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 the Labour Law and Sub-Decree on the establishment of National Social Security Fund. This strategic plan including six Chapters about general aspects of judicial framework and strategy involving with all Social Security sectors and partly aspect about Social Security in Cambodia including Social Security Insurance for persons defined by the provisions of the Labour Law and strategic plan that has accurately vision, mission, goals and the action plan for implementing this strategy including clearly direction and activity by having indicators for measuring, investigating and evaluating the implementation by each date confidently. Chapter I: General aspects have mentioned about definition and chronological history of Social Security and some influent situations and the important of fundamental data for comparing, analyzing and evaluating for providing social protection services in Cambodia. In this Chapter I, starting with the definition of Social Security attracts into all contexts of Social Security to reach the content of strategy. For Cambodia, this Social Security System has started in 1955 but this system was destroyed by Cambodia Democracy Regime during 1975-1979. Continuously, until 1993 Cambodia has promulgated the Constitution and Labour Law in 1997 comply with both Laws in 2002, Law on The Social Security Scheme for persons defined by the provisions of the Labour Law has been promulgated. In accordance with this Law in 2007, National Social Security Fund was established and in the end of 2008, first step of The Employment Injury Insurance have been successfully implemented. For economy sector, macro-economic has presented toward annual growth policy 7.0 percent through Rectangular Strategy Phase II, III and National Strategic Development Plan of Royal Government, coverage economy in 2012 about 14,054 million dollars and income for capita about 973 dollars. Demography and Labour force, according to General Census Statistic Demography in 2008 indicated potential in participation to develop country through age group in economic activity (15-64) years old has about 62 % of all population. The number approaches to 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% of active population. Enterprises, Establishments and Labour force situation, according to Enterprises Census in 2011, there are 505,143 enterprises consist of 1,676,263 workers (61.2% women). There are about 80% of all enterprises that have 01 to 02 workers. For these, we can conclude that small enterprises join a big part in 7 | Page UnofficialTranslation Cambodia and also in the situation of economic disorder or informal. That is in demanding to strengthen social protection toward workers in small enterprises and also informal sectors. Cambodia Socio-economic situation have raised about some important indicators that are the basic relevant to the providing of Social Security sector and people living situation including health situation, income situation, and other expenses from socio-economic investigating in the end of 2010. For work injury and workers health in this strategic plan has analyzed the first step of the implementation of the Employment Injury Insurance Scheme that has become the main pattern because it has covered from 08 workers nationwide if compare to the numbers of enterprises census in 2011. In the chapter has presented about NSSF members for age group, average wage, 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 foundation and direction for the implementation of Social Security sector. Judicial framework comprised constitution of Kingdom of Cambodia that has presented about social protection for people and social protection for workers in work sector and also there are Labour Law, Law on the Social Security Scheme for persons defined by the Provisions of the Labour Law and Sub- Decree on the establishment of National Social Security Fund. For international regulation comprises global statement on human rights, Philadelphia statement in 1944 and convention 102 of Internal Labour Organization(ILO) which was the basic for international Social Security sector. According to these regulations, ASEAN and ASSA also have mentioned about Social Security principles for the implementation in its regions and Cambodia. Besides, there are some national and international regulations that related to Social Security sector which have been developed and organized by discussion and recognized both in region and global revel. On the foundation strategy of Royal Government of Cambodia has presented some strategic plan for developing, eliminating poverty and enhancing social stability by putting Social Security sector as the major actions and priority as in Rectangle Strategy phase III “Forth Rectangular, Capacity building and Human resource development, third angle, Social Protection development” Social Protection Strategy for the Poor and Vulnerable (2011-2015), Financial Development Strategy in 2010-2020 and strategic plan for developing Labour and vocational training 2014-2018. Chapter III for Social Security sector in Cambodia have including the Social Security Schemes for Workers, the Social Security Schemes for Civil Servants, Veterans and Disabilities, Social Security Insurance from private sector in accordance with Insurance Law, social safety nets for people that focus on the poor and vulnerable, and other Social Security services that have paid contribution and haven’t paid contribution. 8 | Page UnofficialTranslation 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 the Labour Law. For The Social Security Schemes for Civil Servants, Veterans and Disabilities have been being implemented by National Social Security Fund for Civil Servants, Veterans and Disabilities of the Ministry of Social Affair Veterans and Youth Rehabilitation. Partly, Social Safety Nets for people that focus on the poor and vulnerable and other Social Security services have 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 other risks. Besides, Social Security Insurance from private sector in compliance with Insurance Law focuses on volunteer principles covered by Ministry of Economy and Finance. Chapter IV has raised about the Social Security Schemes for persons defined by the provisions of the Labour Law have been being implemented by National Social Security Fund comply with Law on the Social Security Schemes for persons defined by the provisions of the Labour Law including Pension, The Employment Injury and other risks according to National Economy. In this Chapter gathers all important information related to Social Security Insurance for workers in private sector for the Employment Injury Insurance Scheme that have being implemented, the Health Insurance Scheme and the Pension Scheme are going to implement in 2014 and 2015 on general situation, achievements, challenges and continually implementation directions. Chapter V is the core of strategy that has mentioned about Social Protection Strategy for persons defined by the provisions of Labour Law. In this Chapter has raised about clearly vision on “Ensuring Social Security effectively for persons defined by the provisions of the Labour Law” and mission on “Providing Social Security services efficiency, transparency, accountability and punctuality for persons defined by the provisions of the Labour Law aiming to help the difficulties when they are 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 the Employment Injury Second Goal: Implementing the Processing of the Health Insurance Scheme Third Goal: Implementing the Processing of the Pension Scheme Forth Goal: Strengthening the Good Governance First goal: Extending and strengthening the implementation of the Employment Injury by extending dimension, strengthening implementation and developing the Employment Injury Scheme policy, ensuring to providing services quickly and punctually. In accordance with the extending, strengthening and 9 | Page UnofficialTranslation developing there are also including the action to prevent work injury in order to avoid or eliminate work injury for workers at lowest level and also providing rehabilitation services to NSSF members who get the Employment Injury cause to lose permanent disability to obtain mental, physical and professional rehabilitation to ensure completely participate and equally for vulnerable in social activities. Second goal: implementing the processing of the Health Insurance Scheme for workers and employees to gain welfare and medical treatment to reduce the expense on heath disaster when they have diseases, maternity and other incidents. Processing this Scheme includes preparing methodology, procedure, organizing information technology system and preparing methodology to calculate health care service to avoid, reduce using or provide wrongly object between providers and receivers. After organizing work formality and publishing campaign to mainstream the sector to public, especially, service consumers to know because this work is regarding as the new turning point of Cambodia Social Security sectors in the need of confidence from all sectors and clearly steps to implement to all capital and provinces to register, contribute and provide benefits following the project in 2014. Third goal: Implementing the processing of The Pension Scheme in 2015 by studying the capacity of processing the Pension Scheme, organizing judicial regulation letter and training human resources for implementing basic, organizing information technology system, publishing and processing the Pension Schemes throughout capitals and provinces for enterprises, establishments and worker registrations and contributions to reserve for providing benefits in the future. The Scheme has been regarding as long-term protection, it means that protect until the last stage of worker lives. Therefore, when this Scheme is being implemented, all workers and employees in private sector also obtain pension as civil servants. Forth goal: strengthening good governance focused on enhancing public services of Social Security efficiency, transparency, accountability and punctuality. Good governance is the important core of Rectangular Strategy Phase III, also the core of social justice and sustainable and equitable socio-economic development. To achieve this goal, some directions was 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 the mechanism of plan building, statistic and legislation, to strengthen internal audition and to promote gender equity in Social Security sector. Chapter VI has mentioned about the detail of Action Plan for implementing of social protection for persons defined by the provisions of the Labour Law. This action plan was represented to achieved vision, mission, goals and each direction in this strategy by raising clearly activities which have indicators for measuring, investigating, and evaluating the implementation for each date more clearly 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 has different categories between country to country in the world, but it has hidden the same point that is the measures to relief when persons lose or decrease their income that they cannot afford their lives. 2. In the purpose of providing regulations for implementation of member states, International Labour Organization (ILO) through its global conference to approve the convention and some recommendations related to Social Security regulation that including convention 102 on minimum regulation of Social Security. This convention has remarked the spread and minimum benefits among nine benefits (1) that all member states should ensure to have in its Social Security Policy. In accordance with above contexts, we can notice three important purposes of Social Security such as first: To ensure necessary demanding of welfare, second: To ensure necessary demanding when they lose their income by the Employment Injury and third: To ensure necessary demanding when family responsibilities increase. 3. In conclusion, Social Security is the necessary judicial measure that state or government need to protect their people who don’t have ability to gain any income or face with the financial liability although temporary or permanently by social risk in order to enable them to solve their living problem through providing financial resources or necessary kind or providing other services. II. Chronological History 4. After gaining independence in 1993, Cambodia has issued Royal Kram No3 /N.S dated in April 25, 1955 involving with workers right to obtain allowance for their wife and children that was the starting point of Social Security system in Cambodia but this system was abolished by Cambodia Democratic Regime during 1975-1979. 1 Nine minimum benefits: medical care, sickness, unemployment, old age, family, maternity, invalidity, survivor’s benefits. 12 | Page UnofficialTranslation 5. Since 1979, all workers gain protection on retired pension, invalidity, death, and the Employment Injury. In 1989, by reforming from plan economy to marketing economy, Social Security system for workers and employees in private sector was reformed follow current economic situation. Following the Labour Law in 1992, employers have been responsible for the Employment Injury for accident that happens to employees. In 1993, the constitution of Kingdom of Cambodia was set up. And the Labour Law in 1992 was replaced by the Labour Law in 1997 and in 2002 Law on the Social Security Schemes for persons defined by the provisions of the Labour Law was promulgated. 6. Law on the Social Security Schemes for persons defined by the provisions of the Labour Law aim to set the Social Security Schemes for persons defined by the provisions of the Labour Law in Kingdom of Cambodia including pension, the Employment Injury, and other categories depending on current economic situation. 7. According to the evolution of national economy and to reply the enhancement of employment sector, Social Security former department of Ministry of Labour and Vocational Training that had two main duties: first, the implementation of Labour Law related to the Employment Injury, second, preparation of the Law in the Social Security Schemes actively afforded to research and write many judicial equivalence to implement the Law on the Social Security Schemes for persons defined the provisions of the Labour Law effectively. 8. This afford was fruitfully achieved by the National Social Security Fund which is the institution of public administration with the mission of serving public services in social section, has its acronym “NSSF” which is formulated by Sub-decree No 16 RNKr.BK dated in March 2, 2007. In 2007, Governing Body of National Social Security Fund was established with tripartite compositions such as Royal Government representative, employer representatives and employee representatives. 9. Until July 2008, the Social Security Schemes for persons defined by the provisions of the Labour Law have been successfully implemented its first step, the Employment Injury Scheme. III. Macro-Economic Situation 10. Universal election in 1993 has brought the principles of implementation of democracy, multi-party, marketing economy, respecting the rights and human dignities. Meanwhile, the Royal Government of Cambodia is organizing National Program for rehabilitation and Cambodia development in 1994, socio-economic development plan for the first five years (1996-2000) to remark the vision of rebuilding and national development focus on the important of sustainable macro-economic, social development, and poverty alleviation. Through this, Cambodia was achieved sustainable macro- 13 | Page UnofficialTranslation economic and remarkable progressive economy; annual average economic growth is 8.4% in between 1994-2006. 11. From 2004 to 2007, macro-economic situation has annual average growth rate achieve more than 10%, Cambodia is in among the countries that have highly economic growth in the world. 12. World economic crisis in 2008, recession of economic environment outside the country in 2009 has influenced to Cambodia economy that caused the growth rate of Gross Domestic Product (GDP) has dropped down in the lower level that never has before. However, many sectors immediately returned back in the year after, because of the increasing of goods power in rural area, exportation increased again, particularly, the Royal Government of Cambodia has increased public expense to promote the need in domestic that caused economic growth in Cambodia in 2011 increased to 7.1% after increased 6% in 2010. 13. In 2012, Royal Government of Cambodia has provided validity to economic growth 7.3% through sustainable price and GDP deflator 1.4%. Cambodia economy have been presented their firmness toward annual growth policy 7.0% through Rectangular Strategy phase II, III and strategic plan of national development currently in 2009-2013 of Royal Government. Economic coverage in 2012 currently cost 56,682,000 million riel or about 14,054 million dollars among 14.5 million people in 2012, income for capita 973 dollar. 14. In 2013, via primarily prediction GDP grow 7.6% throughout sustainable price while the GDP deflator has only 0.8%. Currently GDP price in 2013 can have 61,525,000 million riel or 15,161 million dollar among 14.7 million people in 2013, GDP per capita 1.036 dollar. IV. Demography and Labour Force 15. Following the final result, general demographic statistic census in 2008, there are 13,395,682 people 6,516,054 men (48.64%) and 6,879,628 women (51.36%). Average age of men and women are 60.5 years old and 64.3 years old respectively. Population density 75 people per square kilometer and annual growth rate 1.54 %. Demographic prediction in 2013 has 14 million people. 16. Infant death rate 60 infants per 1,000 infants and maternity death rate when confinement 461 people per 100,000 people in 2008. Until 2010, infant death rate decreased 54 infants per 1,000 infants and maternity death rate 206 people per 100,000 people when confinement. These are, presenting about the equality strengthening and health care service extending more and more firmness, especially, reproduction health service, maternity infant and children health service. 14 | Page UnofficialTranslation 17. Children in the age-group (0-14 years old) 33.7%, age-group in economic activities (15-64 years old) 62% and old age-group from 65 years old 4.3%. Age rate in responsibility of Cambodia demography has presented decreasing tend from 1998, 86.15% to 2008 61.19%, decreased 24.96%. 18. Family coverage as average per family decreased from 5.2 people in 1998 to 4.7 people in 2008 at national level. This tendency of family coverage decreasing is due to the number of families increasing in country and changing from extended family to nuclear family system. 19. The total participants in economic activities have 48.84% men and 51.16 % women in Cambodia. Unemployment rate in Cambodia has presented the decreasing from 5.3% to 1.7%, from 1998 to 2008. Both workers who work for family without salary and workers work by their own asset are about 83% of workers throughout the country which has been indicated that most of workers in Cambodia are outside economic system. Anyway, population rate has divided works by sector; 72.3% work in first sector then 8.5 % work in the second sector and 19.2% work in the third sector. 20. Until 2010, following Cambodia socio-economic investigation, work-age population in age-group 15-64 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% (84% men and 90% women). These rates have higher level in rural area than in Phnom Penh and urban area. 21. Following international data, total unemployment rate in Cambodia has lowest level about 0.3% of Labour force in 2010. In Phnom Penh as urban area, unemployment rate seem to be a little bit higher than the rural area. 15 | Page UnofficialTranslation Table 1: Population and Labour force from age 15 to 64 years old divided by gender and by area in 2010 (numbers of population calculated in thousand and percent) Labour force and sex Cambodia Phnom Penh Other urban area Other rural area 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 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 Labour force rate participation Employment rate Unemployment rate Source: socio-economic investigation in 2010 V. Enterprises, Establishments and Workers 22. According to final result, enterprises census in Kingdom of Cambodia in 2011, there are 505,143 enterprises consist of, 676,263 total workers, among them 650,179 men equal to 38.8% and 1,026,084 women equal to 61.2%, therefore women are higher than men. 23. Comparing to the result of enterprises registration throughout country in 2009, total workers increased 9.5% and annual growth rate prediction 4.54% and annual population growth rate prediction 1.54%, so workers growth rate are higher level than population increasing. This growth has presented that workers in the first sector have changed to second and third sector that are the special section in the processing 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 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 257,179 167,277 Source: Enterprises census in Kingdom of Cambodia in 2011 24. A Number of enterprises consist of 01 to 02 workers; there are about 80% of total enterprises. The number of enterprises consists of o1 worker, there are about 222,000 enterprises equal to 44%, and 02 workers about 176 enterprises equal to 34.9%. 25. The number of enterprises consist of more than or equal to 5 workers, there are 40,000 enterprises equal to 7.8% consist of 879,000 total workers and the number of enterprises consist of more than or equal to 10, there are 13,000 enterprises equal to 2.6% consist of 716,000 workers. Moreover, enterprises consist of more than or equal to 100 workers, there are 787 enterprises equal to 0.2% consist of 454,000 workers and enterprises consist more than or equal to 1,000 workers, there are 119 enterprises consist of 257,000 workers. Therefore, we can conclude that large enterprises join 17 | Page UnofficialTranslation small part in Kingdom of Cambodia. Anyway, economic development policy of the Royal Government have been promoting and supporting to small enterprises to succeed. 26. If looking to number of enterprises divided by part of international standard sector rank: whole sale and retail business, and automotive repair are the biggest part of international standard sector rank, there are 298,000 enterprises equal to 57.2%. Then, there are 75,000 production enterprises equal to 13.8 %, there are 70,000 household and food services enterprises equal to 13.8 % and there are 33,000 enterprises for other service activities equal to 6.4%. 27. The number of enterprises throughout capital-province, Phnom Penh is the area that consists of the most enterprises until 96,000 enterprises equal to 19%. Then, there are 56,000 enterprises equal to 11.1% in Kampong Cham province, 41,000 enterprises equal to 8% in Kondal province, 34,000 enterprises equal to 6.8% in Battambang province, 32,000 enterprises equal to 6.4% in Siem Reap province and 32,000 enterprises equal to 6.3% in Takeo province. Thinking about workers in Phnom Penh, there are 559,000 workers equal to 33.4% is a great number. Then, there are 151,000 workers equal to 9% in Kondal province, 143,000 workers equal to 8.5% in Kampong Cham province, 94,000 workers equal to 5.6% in Siem Reap province and 85,000 workers equal to 5.1% in Battambang province. VI. Cambodia Socio-economic situation 28. Since 2007, Cambodia socio-economic investigation was annually set up in order to provide the major indicators about people living standard that covered many sectors such as: health care, education, household, economic activities and other incidents. In this strategy raise only some indicators that are the reference foundation relevant to the implementation of Social Security about socio-economic investigation at the end of 2010. i. Health Situation 29. Following Cambodia socio-economic investigation in 2010 have presented that population about 19% have disease or injure. Among 21% of all women and 19% of men have disease or injure. Thinking about actual numbers of Cambodia population approach to 2.7 million people have health problem that is the higher rate in rural area than Phnom Penh or urban area. 30. Health problem has the highest level among old people from 60 years old, 38% are women and 32% are men. Anyway, among age-group children (0-14) years old, health care seem to have similar rate for men and women. For age-group from 15 to 60 years old, women have more health problem than men. 18 | Page UnofficialTranslation 31. Among population that have health problem about 18%, have searched for treatment for one or more than one times, which women have higher rate than men in all area throughout the country. 32. Medical care among both genders has 16.9% searching for public services, 32.7% searching for private services, 48% treating by themselves and 2.4% treating by herbal treatment. These showed that, people who have diseases injure or other health problems have treated by themselves for the first treatment. ii. Sources of Income 33. Most of the families earn from their own activities, have about 65% equal to two third of total income. Income from salary has about one third of total income. Incomes from their own activities have increased 20.7% in 2010 compare to 2009. In Phnom Penh, incomes from their own activities have contributed about 51% of total income and 15% decreasing compares to 2009. Getting support on social Insurance or Insurance services, as like, general social cash benefits from Royal Government still have a small number. 34. Income from agriculture sector is the important source of income for families in rural area and source of income from non-agriculture sector is the important sources of income in Phnom Penh and other urban in Cambodia. Income from agriculture sector has increased about 26.5% and income from non-agriculture sector has about 16% in 2010 compare to 2009. 35. Families in urban area have increasing total income about 37% in 2010 compare to 2009, income from salary or Labour wage about 29% of total income increasing 14%. Anyway, Families in rural area have increasing total income about 24%, income from salary or Labour wage about 29% of total income increasing 21%. 36. Family net income in Cambodia has 214 dollars as average per month in 2010 increased 19% compare to 2009. Average net income for person 48 dollars per month increased 25%. Average net income for person is different from city to rural; Phnom Penh is 2.8 times more than rural. iii. Family Expense 37. Monthly average consuming expense has about 1,122,000 riel per family and 266,000 riel for person in 2010. Monthly average consuming expense has low growth between 2009 and 2010. For monthly consuming expense per person have increased 5%. Numbers of consuming expenses have changed by different area. 19 | Page UnofficialTranslation Table 3: Composition of consuming expense calculate as monthly average for each person in 2009 and 2010 Calculate in 1000 riel Percent of total consuming expense 2009 2010 2009 2010 Food and soft drink 124 122 49 46 Hard drink 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 Composition of Consuming expenses Source: Cambodia socio-economic investigation in 2010 38. Composition of consuming expense for capita has different situation such as expense on food and soft drink is nearly a haft of total consuming expense about 46%, but this number decrease 3 % compare to 2009. In contrast, spending on household such as water, electricity and energy that are the second important expense that has a bit increased 19% from 2009 to 21% in 2010. After spending on eating and household demanding, spending on medical care is also in a big number, the third about 8% of total expense. VII. The Employment Injury and Worker Health Situation 39. In Kingdom of Cambodia only in 2011, there are 505,143 enterprises, and 1,676,263 workers, which enterprises consist of more than 8 workers, have 18,028 and 756,606 workers. For registrations in The Employment Injury Insurance Scheme until 2013 have 6,107 enterprises and 847,175 workers. Therefore, this extension has covered The Employment Injury Insurance Scheme for enterprises that consist of workers more than 8, have 33.87% and 112.63% equal to 50% of total workers throughout country equal to 11% of total Labour force and about 6% of total population without thinking of annual growth rate. 20 | Page UnofficialTranslation 40. A long with this providing of the Employment Injury Insurance, we can know a lot of information relating to worker situation, particularly, the Employment Injury and expense situation because these services covered all from more than 08 workers throughout country comparing to number of enterprises census in 2011. 41. Until the last 2013, the Employment Injury Insurance Scheme has registered 847,175 workers. There are 600,000 workers equal to 70% of all workers in textile, garment, footwear sector, who have registered. Among them women have higher number than 70%. For age-group from (18-28) years old have higher number more than 58.08 % and age-group from (29-39) years old has 33.62%, women have highly number. Therefore, we saw that most workers are women and in the age between 18 to 39 years old. 42. Average wage of workers per capita is 575,000 riel. There are 14.1% of workers gain wage from (0350,000 riel), 59.33% gain (350,001-650,000 riel), 15.27% gain (650,001 -1,000,000 riel), 11.30% gain more than 1,000,000. 43. Annual work injury situation has approximately more than 01% compare to numbers of workers who have registered in the Employment Injury Insurance Scheme, so 100 workers have more than one worker get work injury a year. In 2013, there are 16,775 workers get work injury (12,030 women) have contributed 70%. Among all work injury 12,060 workers equal to 71.89% had injure at workplace, 4.703 workers equal to 28% while commuting, and 12 workers less than 1% had occupational disease. For level of injury, 15,440 workers equal to 92% had mild injury, 1,227 workers equal to 7.3% had severe injury and 96 workers equal to 0.57% died. 21 | Page UnofficialTranslation Table 4: The 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 are also non-work injury more than 2% and unconscious case more than 5% of total work injury and other injury that is not work injury, relating to health problem that should be concerned and reported every year. 45. Depending on foundation of providing benefits to workers in 2013, there are 15,059 workers, 6,926 million riel expense and about 459,000 riel expense as average per capita. There are 8,245 workers and 5,254 million riel expense equal to 76% of total expense for medical care benefits. If thinking as average expense for victim treatment per capita spends about 637,000 riel. Therefore, workers who had work injury need to spend more than 600,000 riel for treatment that was the responsible 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. Constitution of the Kingdom of Cambodia in 1993 is the National Supreme Law and the provisions of social protection for persons regardless of all kinds of discrimination including rights to get the 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 have rights to obtain social Insurance and economic benefits that have been set up in the Law”. Chapter VI, Education, Culture and Social Affair, Article 57 “The state has set up to have the Social Security Scheme for workers”. 48. Labour Law in 1997: this Law covered all vocational communication cause from work contract between employers and employees to ensure the better working conditions and keep harmonization in vocational communication, safety and health strengthening at workplace. After Constitution, Labour Law is the foundation of establishment of Law on Social Security for persons defined by the provisions of the Labour Law. 49. This Law has clearly defined about work injury definitions(2), employers are in charge of work injury that 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. Anyway, this Law also has defined that the Employment Injury Insurance under the general Scheme which has been being implemented by National Social Security Fund. 51. Law on The Social Security Scheme for persons defined by the provisions of Labour Law in 2002: aim to set up the Social Security Scheme for persons defined by the provisions of Labour Law in Kingdom of Cambodia comprise: 1. The Pension Scheme is in charge of providing old-age benefits, invalidity (3), and death. 2. The Employment Injury Scheme is in charge of providing work injury and occupational disease4. For other Schemes will be prescribed by sub-degree depends on real situation and national economy. 52. Sub-Degree on the establishment of National Social Security Fund: established institution of Public Administration with mission of serving public services in social section called “National Social Security Fund” has its acronym “NSSF” is the technically under the Ministry of Labour and Vocational Training and financially under Ministry of Economy and Finance. 53. NSSF has duty to manage the Social Security Scheme in compliance with the Law on the Social Security Scheme for persons defined by the provisions of the Labour Law on providing benefits (5) and gathering contributions (6) from members, rehabilitation for having health care services and social affair as the benefits for its members and cooperate with involving organization to raise awareness on how to prevent work injury and occupational diseases and take action on technical security and work hygiene. 54. There are not only above frameworks, but there also other judicial frameworks such as: interministry statements, declarations and many decisions relate 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 the 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 Right: is the foundation of human right that have been approved by the conference of United Nation in December, 10, 1994 for all persons to have right to participate in social activities, get prevention and other benefits from society equally without all kind of discrimination. 56. Article 22 “ Persons in the status of social members have right for Social Security, which have been set up for persons to satisfy with their right for economy, society and culture that is the necessarily for dignity and free development of individual characteristic through national afford and international cooperation depends on preparation and resources of the each state. 57. Article 25 “ Persons have right to obtain properly living condition to support their health welfare and family like clothing, settle, heath care, other social services and social protection in case they are unemployment, disease, disability, widow or widower, old or no ability to earn that these losing is not cause from individual willing. 58. Philadelphia declaration in 1944, focused mainly on direction and purpose of International Labour Organization (ILO), which has noticed the duty of this organization for nation for world program that was achieved: - Strengthening the method of Social Security to provide the foundation of income in need of widely prevention, treatment and welfare. - Life prevention and health of workers in all professional - Providing medical care for women and children. 59. ASEAN: aim to promote the joining development for all sectors in member states to achieve one ASEAN community, one identity and one vision. For this Social Security sector, this community was set up declarations, join-statements and other plans for cooperation in region. 60. ASEAN plan in 2015 focus on three pillars: first, Political-Security Community, second Economic Community, and third, Socio-Cultural Community, which social protection was raised as the priority and merged to the third pillar, Socio-Cultural Community to organize social safety nets system and prevent negative impacts of integration and Globalization through enhancing experience exchange in Social Security system and developing Social Security standard in member countries. 61. Declaration on ASEAN Human Rights in November, 19,2012 have more commitment on Global Declaration on Human Right, constitution of United Nation, Wiyen declaration and program of 26 | Page UnofficialTranslation activities and other international human right regulations, which ASEAN member countries as state party. In Joint-Guideline 30.1 “All persons have right on Social Security including social Insurance to help them ensure the way to live with dignity and property”. 62. Joint statements of Labour Ministers during ASEAN plus three summits, seventh in May, 11, 2012 in Phnom Penh, Cambodia between ASEAN Labour Ministers and parties from China Republic, Japan and Korea Republic for cooperation and opinion exchange, which focus on major problem in order to promote social protection and skill development. 63. Besides above foundations, there are some foundations relating to Social Security that ASEAN member countries have agreed such as: ASEAN action plan on Social Safety Nets, Bali Declaration on the enhancement the role and participation of the person with disability in ASEAN Community and every ASEAN Labour Ministers Summit have almost discussed about quality development of Labour force and providing Social Security Insurance to workers. 64. ASEAN Social Security Association (ASSA): is non-government organization that was set up to provide platform to members for opinion and experience exchange on Social Security. Members in this Community including all Social Security institutions in ASEAN member countries, and National Social Security Fund is also the member. The main purposes of this Community are to: - Enhance the development of Social Security sector in region through the purpose of Law and regulations of member countries. - Enhance cooperation in region for all section of Social Security activities. - Exchange experiences and information on Social Security. - Work in cooperation with other Social Security institution in the East Asia with other Social Security organizations around the world. - Cooperate in prevention, enhancement and development of the Social Security Scheme through training, workshop, and discussion. 65. Convention102 of International Labour Organization have determined the project on the important of Social Security foundation guidelines that all Social Security systems have been promoted to widely develop. Convention 102 is the important foundation convention of Social Security for all member countries of ILO that represent for international remarkable and for the symbol that played an important role to complete the right on Social Security defined by the Law on the International 27 | Page UnofficialTranslation Human Rights. It is the only one international convention that determined on the dimension and nine minimum benefits of Social Security. 66. Besides these, there are other regulations that related to Social Security, which were developed and organized throughout discussion and global noticeable that Social Security is the basic right in society that all persons need to obtain. II. - International Treaty on Economy, Society and Culture Right - Convention on Abolishment of Racism - Convention on the Right 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 socio-economic policy agenda of policy program for section 5 of Assembly, Royal Government of Cambodia for growth, employment, equity and efficiency focus on agriculture sectors promotion, physical infrastructure sector development, private sector and employment development, capacity building and human resources development throughout the core of good governance fighting against corruption, Law and justice system reform, public administration reform, and arm force reform including coverage environment of peace, policy stability , security and social order, macro-economic environment and favorable financial and environmental sustainability partnership in development and Cambodia integration to the region and world more deeply. 68. In this strategy, Royal Government of Cambodia aims to promote social intervention through enhancement Good Governance, work development and providing 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 presented about clearly willing of the Royal Government to eliminate poverty, to promote social stability and harmonization of 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 the roadmap for implementing Rectangular Strategy phase III. This plan has been set up via clearly method by setting responsible Ministry to implement all priority policies in each angle of Rectangular Strategy Phase III and determined about clearly activities and evaluation price to implement all priority policies. 70. In this strategy, clearly mentioned about policy as the priority of the Royal Government in Section IV, in which social protection development was set in capacity building and human resource development. According to this basic, Royal Government will continue to strengthen social protection system to be intertwined and harmonized to ensure continuity and efficiency that covered 29 | Page UnofficialTranslation all public and private sector including clearly duties division between policies, judicial regulations and cooperation. 71. To implement priority policy of strengthening social protection, this strategy also raise up some priority to enhance efficiency for providing social services, to enhance Social Security system and to strengthen institution capacity. According to this priority, some clearly policies was asked in promotion of family welfare and society, development of children and youth welfare, welfare enhancement of disability, old-age, veterans and establishment of Social Security for persons and enhancement institution capacity and strengthening partnership. iii. National Social Protection for The poor and Vulnerable (2011-2015) 72. This strategy has been coordinated and organized by Council for Agricultural and Rural Development that was participated by involving sectors such as: National and Sub-National of Government representatives, Civil Society Representative and other Development Partnership. National Social Protection Strategy for the poor and vulnerable was organized to implement priority activities that set in Rectangular Strategy and National strategic development plan 2009-2013 and to complete the policies, plans and all strategies of relevant Ministries direct or indirect for social protection. 73. This strategy is widely and has including all social protection systems as the benefits for the poor and vulnerable and has determined the important policy toward poverty elimination by raising about the priority of social protection of the Royal Government about the poor, vulnerable situation, other social protection policies and social protection strategy of Cambodia “Chapter II, Social Protection is the first priority of Royal Government of Cambodia” 30 | Page UnofficialTranslation Figure 2: Processing toward social protection more deeply Source: National Social Protection Strategy for The poor and Vulnerable ( ) iv. Financial Development Strategy (2011-2020) 74. Financial Development Strategy in 2011-2013 has its acronym “FSDS 2011-2020” is the present strategic document to continue the development of the strong financial system and depending on marketing policy for gathering and dividing resource effectively focus on the participation to economic growth sustainability. This strategy document has been coordinated strategy and the cycle of preparation other sub-sector action plan in accordance with long-term vision for all financial sector. Anyway, it also focuses on in need of financial integration in ASEAN region on behalf of Cambodia as the member in Economic ASEAN Community. 75. In Chapter III, about financial sector that is not the bank raised about pension Insurance Scheme and marketing share, for the Pension Scheme, the Royal Government established the National Social Security Fund for Civil Servants, Veterans and handicap fund that all sector covered by the Ministry of Social Affair, Veterans and Youth Rehabilitation, which have been being implemented for public sector and this Ministry have also been preparing the draft on the Social Security for persons in Kingdom of Cambodia. 31 | Page UnofficialTranslation 76. The Pension Scheme for persons defined by the Law on the Social Security for persons defined by the provisions of the Labour Law that have been implemented by the National Social Security Fund, which is technically under the Ministry of Labour and Vocational Training, currently have been implementing The Employment Injury Insurance Scheme. 77. On the other hand, the Ministry of Economy and Finance is preparing the Law on Insurance that also have 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 afforded implemented policy program of the Royal Government, achieved proudly result and have been preparing to develop more work in compliance with Rectangular Strategy Phase III throughout issuing the Strategic Plan of Labour and Vocational Training Development 2014-2018 in work development condition and occupational communication harmonization, technical and vocational training development, employment and occupational development, the Social Security Schemes for persons defined by the provisions of the Labour Law development and Good Governance strengthening. 79. Also, the Social Security Schemes for persons defined by the provisions of the Labour Law issued the forth priority strategy such as strengthening and extending the implementation of the Employment Injury Insurance, organizing the process of the Health Insurance Scheme and pushing the preparation to process the Pension Scheme. That is, to present clearly policy of Ministry to ensure the enhancement of better working conditions and keep for harmonization in occupational communication. 32 | Page UnofficialTranslation CHAPTER III CAMBODIA SOCIAL SECURITY SECTOR 33 | Page UnofficialTranslation Chapter III Cambodia Social Security Sector 80. Situation of Social Security Sector in Cambodia is remarkable progressive in the last many years by the Royal Government of Cambodia issued some strategic plan for social protection very widely and enhancing people living standard to be better toward poverty reduction and social stability enhancement 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 sector development strategy 2011-2020. Besides the above strategies, there are also judicial regulations and some strategic development was continuously set up to providing Social Security services to people along with progressively situation of National Economy. Social Security Sector in Cambodia including the Social Security Scheme for persons defined by the provisions of the Labour Law, the Social Security Scheme for Civil Servants, Veterans and Disabilities, Social Safety Nets for all persons focus on the poor and vulnerable and some other Social Security services both contributory and non-contributory and Social Security Insurance from private sector comply with Insurance Law. Figure 3: the extension of NSPS focus 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 the Labour Law 81. Social Security work in private sector implemented by NSSF. NSSF has mission to serve the public services in social section and liability for the Social Security Schemes pursuant to the Law on the Social Security Schemes for persons covered by the provisions of the Labour Law. 82. NSSF has implemented the first step, the Employment Injury Insurance Scheme, until the end of 2013, which has enlarged the extension in 24 provinces nationwide, registered 6.107 enterprises consisting of 847,175 workers, and provided the Employment Injury Insurance Scheme to over 50,000 workers. NSSF will also plan to implement the second step, the Health Insurance Scheme in 2014, and the third step, the Pension Scheme in 2015. II. The Social Security Schemes for civil servants, veterans, and disabilities 83. Ministry of Social Affair, Veteran, and Youth Rehabilitation is liable for developing and organizing the Social Security Schemes for the Civil Servants, Veterans, and Handicap Fund. The Civil Servants are under the liability of NSSF for civil servants (NSSF-C) pursuant to the Royal Decree on the Social Security Schemes for Civil Servants, which the Royal Decree aimed at prescribing the Social Security Schemes, the implementing institution, and fund for supporting the Social Security Schemes for the 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 the Civil Servants focus on the retirement benefit, earning disability, maternity, work injury, death, and survivors. Until 2012, there were 38,943 retired persons and 3,711 earning disable persons who have been gaining the Pension Scheme. 85. The veterans are under the liability of National Fund for Veterans (NFV) on providing the Social Security Schemes for the veterans and their families until the end of 2012, which there were all kinds of veterans and their families that gained the Social Security Schemes from the state, which there were 93,014 families, consisting of 28,157 families of the disable, 39,393 families of the national devotee, 4,346 families of the dead person, 19,396 families of the retired person, 1,722 families of the invalid person, and 214,641 families of the survivor. The Royal Government spends 12,102,311,186 Riel a month from implementing this Scheme. 86. This Ministry is also liable for the management of handicap fund in accordance with the sub-decree on the preparation and the function of handicap fund (HF), which is a public administration 35 | Page UnofficialTranslation establishment, with a view to contributing to promote the disablement sector better. It is sponsored by the partnership organization program. Labour Rehabilitation Center has provided all kinds of Labour rehabilitation services, which has 51,753 persons, including prosthesis rehabilitation service: 20,821 persons, and medical rehabilitation service: 30,932 persons. III. Social Security Nets for the Poor and Vulnerable 87. The Social Security nets for the poor and vulnerable people have contributed to provide the service from Ministries, development partnerships, organizations, and the stakeholders for providing the social prevention for all citizens to gain the nutrition, medical care, technical and vocational training, and prevention and intervention from the society when facing other injuries with a view to reaching the poverty alleviation and promoting the social stability. 88. The Royal Government of Cambodia has been paying high attention to social health prevention. In 2012, the poor people were prevented by some mechanism of health service provision including the promotion of health equity fund service (HEF) and reproduction health cards, which this mechanism was sponsored by the national budget and the partnership fund. Some people have been prevented by community based health Insurance (CBHI), which is supported by the contribution in advance from the members. The Insurance stands on the voluntary guideline, the budget from the partnerships, and equity fund program have covered the people living under the poverty line, who are about 78%. 89. Service Payment Incentive is being implemented in the public health facilities with a view to promote the consumption of the poor people. In case of service payment incentive and service cost decrease consumed by the poor people, which is 2,112,973 cases, equal to 9.4 million dollars for service payment incentive in 2012. 90. Equity fund has been implementing in 370 health centers equal to 36% of the total of 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 is supported by the health supply program of the second step (counterpart of the government and development partnerships), which has the total of consumers: 1,170,951 cases, and equity fund is sponsored by the national budget, which has the total of consumers: 42,792 cases. 91. The reproduction health project for the poor women was implemented in January 2011 in 9 operating districts in 3 provinces. This project is consumed by the poor women, which has 36,299 cases in 2012. 36 | Page UnofficialTranslation 92. Community health Insurance project is supported by the contribution of the members based on the voluntary guideline. There are 19 community health Insurance projects, which are being implemented in 11 provinces and Phnom Penh by signing the contract to provide the service with 179 health centers and 13 raffle hospitals for 166,663 project members. IV. The Social Security Insurance in accordance with the Insurance Law 93. The Royal Government of Cambodia has paid high attention to continue promoting and developing the Insurance in Cambodia through the mechanism of reformation of Insurance Law, and pushing all Insurance companies to analyze thoroughly, and manage the injury effectively. This Insurance has contributed vitally in developing the country and promoting the Social Security by completing more to the Insurance sector under the liability of the state that doesn’t yet provide the Insurance service to the citizen broadly and covers the whole country. 94. Insurance Law was promulgated in 2000, which the Insurance is used in this Law aimed at signing the contract of any commercial Insurance. In this Law, you shall ensure to pay the Insurance premium7 to the Insurance company, and the Insurance company shall provide the compensation for the destruction, property loss resulting from the accident, or pay the compensation for the Insurance of death, injury, handicap, and disease, or when any person reaches to any due course that both parties has agreed as set forth in the Insurance contract. 95. The general Insurance sector in Cambodia has contributed 0.23% of the gross domestic product. The income of annual Insurance premium of this sector has the remarkable growth, which increase about 20% annually. This figure shows the significant opportunity in contributing to develop the financial sector, and meeting the demand of the citizen and the Cambodian economy in the future. 96. In 2011, there were 11 operators gaining the license from Ministry of Economy and Finance, which consist of 6 general Insurance companies, 1 continuous Insurance company, and 2 small-scale Insurance companies, 1 Insurance commission company, and 2 Insurance agencies that have been operating in the Insurance market in Cambodia. 97. The Insurance sector had the stable growth between 2010 and 2011. The average level was over 20% a year, which the income of Insurance premium increased from 24,755,038.27 dollars in 2010 to 30,210,253 dollars in 2011. Partly, the products of worker injury Insurance had decreased in 7.98%, 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 which this decrease was able to result from the implementation of employment Insurance Scheme borne by NSSF. Table 5: the income of the whole Insurance premium in general Insurance companies 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 Architecture 1,405,040 44,949 227,474 102,557 852,030 1,170,868 3,802,918 Work injury 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 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: Insurance report in 2011 98. All operators, which gained the license from the Ministry of Economy and Finance, provided the products of the major Insurance to the fire truck, ship, architecture, work injury, individual health injury, and other products. Moreover, until 2012, there were 2 operators have been providing the life Insurance service in Cambodia. 38 | Page UnofficialTranslation CHAPTER 4 SOCIAL SECURITY SCHEMES FOR PERSONS DEFINED BY THE PROVISIONS OF THE LABOUR LAW 39 | Page UnofficialTranslation CHAPTER 4 The Social Security Schemes for persons defined by the Provisions of the Labour Law 99. The Social Security Schemes for persons defined by the provisions of the Labour Law, which has been implemented by National Social Security Fund (NSSF), in accordance with the Law on the Social Security Schemes for persons covered by the provisions of the Labour Law. This Law aims at establishing the Social Security Schemes for persons are under the provisions of the Labour Law in the territory of the Kingdom of Cambodia including: pension, the Employment Injury, and other Schemes in line with the actual of the national economy. I. The Employment Injury Insurance Scheme i. General Situation 100. The Employment Injury Insurance Scheme (work injury) has been implemented in November, 2008. This Scheme is the liability of all workers determined by the Law on the Social Security Schemes for persons defined by the provisions of the Labour Law. The Employment Injury Insurance Scheme covers accident at workplace or during working, commuting accident, and occupational diseases. 101. In the first stage of the implementation of employment Insurance policy for the enterprises or establishments, employing 8 workers or more, shall register and pay contribution for their workers to the national Social Security fund. The contribution rate equals 0.8% of the total wage of workers. The contribution is borne by the employer without deducting the wage of workers. 102. All workers of the enterprises or establishments, have registered in the National Social Security Fund, are eligible to have the Employment Injury benefit when the persons concerned suffer work injury. The benefits of the Employment Injury consist of providing emergency service, medical treatment and care, daily allowance for the temporary disability8, benefit of the permanent disability9, incidental 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. 8 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. 40 | Page UnofficialTranslation allowance for caretaker of the victim10, funeral allowance11, survivors’ benefit12, and rehabilitation service13 ii. Achievements 103. The Employment Injury Insurance Scheme has been extended in 24 provinces nationwide, which has been registered 6,107 enterprises consisting of 852,240 workers and provided the Employment Injury benefits to over 50,000 members until the end of 2013. This Scheme is also provided the emergency call, 1286 (Hot-Line) and signed the contract with the hospitals and private medical institutions, which are 65, with the aim of enabling the workers suffering the work injury to gain the emergency and medical care services periodically. 104. In the circumstance of the world suffering the global economic crisis, the Royal Governments of Cambodia have assisted to relieve the entrepreneurs in the garment and footwear sector, which use a plenty number of labour force, by reducing the contribution rate of the Employment Injury Insurance Scheme from 0.8% to 0.5% in a period of 2 years (2009-2010). Partly, 0.3% of contribution is borne by the state in a period of 2 years, which the state shall contribute 8,717,155,459 Riel rather than garment and footwear enterprises. 105. From 2011 onward, in case of the workers’ faintness in garment and footwear sector in some capital-province, with a view to dealing with this matter, NSSF collaborated with the Ministry of Labour and Vocational Training to establish the investigation and prevention committee for worker’s faintness at enterprises (IPCWFE) that was liable for investigating the cause of worker’s faintness, took emergency actions, and coordinated with the hospital 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 that gained the emergency service and 176 factories consisting of 38,817 workers were trained about work statutes, hygiene conditions, work security, and faintness prevention. 106. In case of the commuting accident, there were about 20% of the annual accident that this problem is also impact on public order and the burden increase of the entire Social Security. In response to this 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. 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. 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. 11 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 problem, road traffic safety team protection for workers (RTSTPW) participating from administration members and representatives of civil organizations which was established in purpose of hindering the possible road traffic accident when the workers commute. In a period of 1 year of 2013, the teamwork have organized 24 times for meeting of raising awareness on preventing the traffic accident from 172 factories consisting of 4,747 participants as drivers for transporting the workers and the workers’ representative. 107. To be ready to join in ASEAN association in 2015 and strengthen the international cooperation with the regional Social Security entity, NSSF participated in ASEAN Social Security Association (ASSA), signed the Memorandum of Understanding with Korea Worker’s Compensation and Welfare service (COMWEL), signed the joint Prakas of participation as the member of Asian Worker Compensation Forum (AWCF) in order to exchange new work experiences, develop knowledge of Social Security sector, and integrate the Cambodian Social Security in region. iii. Challenges 108. In the context of Cambodia, the Employment Injury Insurance Scheme has just been implemented at first, which encountered many difficulties in view of the number of employers did not understand precisely the Law on the procedure and formality of implementation of the Employment Injury Insurance Scheme policy, particularly registration and contribution payment were conducted by IT system. It has difficulty for small-scale enterprises without enough human resource. 109. The implementation of some employers’ liability is not better related to registration in the National Social Security Fund, late payment of contribution, hiding numbers of worker, changing enterprises’ name or enterprises’ owner, and providing late the information of work injury. These are the difficulties to investigate the cause of work injury and provide the benefits late to the victim. 110. The knowledge of workers is limited, the benefit claim to non-work injury, no marriage license certificate, falsification of marriage license certificate, or making the marriage license certificate after death. Some workers don’t have inaccurate identity (borrowing other’s name or using unusual documents) to be eligible to have the treatment from the hospital without signing the contract with NSSF or use the service wrongly, and will be irresponsible for the compensation of medical treatment for nonwork injury. 42 | Page UnofficialTranslation 111. The quality of medical service provision is limited. Some hospitals and medical institutions don’t pay attention to the victim out of their best. There is exaggeration or addition of service cost, and unsuitable behavior of the practitioner with the victim. 112. The implementation of the first step still has some challenges involved in establishment’s capacity, limited capacity of some officials, unsmooth data management system (need to be reformed), and the late provision of service accidentally. These challenges have interaction and some influences on providing the benefits to the victim. iv. Future Plan 113. To 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. To strengthen and develop the Employment Injury Insurance Scheme: in purpose of ensuring to implement the Law in force, the implementation of the Employment Injury Insurance Scheme policy, the more effective management of IT in line with the international standards, and the growth of members and employment coverage. 115. To take measures on preventing the work injury: with the aim of avoiding or cutting down the work injury of the workers through preparing the actions to prevent, hinder, and provide the emergency in case of the work injury, conducting the workshop and the meeting, publishing and explaining, taking actions on the Social Security and hygiene, registering directly and coordinating the work injury of the victim to gain the emergency service. 116. To provide rehabilitation service: workers, the member of NSSF, suffering the work injury resulting in the permanent disability shall be granted the rehabilitation, both metal and physical, with a view to ensuring the possibility of the complete participation and equality of the victim in other social activities. II. The Health Insurance Scheme i. General Situation 117. The Health Insurance Scheme for the workers is issued in Rectangular Strategy Phase III of the Royal Government of Cambodia, which will be organized to implement in 2014. Meanwhile, judicial regulation, procedure, and some employment formalities as well as benefit provision, registration, contribution collection, payment mechanism of health service, and some formalities of implementation 43 | Page UnofficialTranslation are being organized with the aims of implementing the Health Insurance Scheme successfully and making the workers trust in the NSSF. 118. In line with this commitment, on behalf of Cambodia as the ASEAN member and readiness of ASEAN integration in 2015, establishing the Health Insurance Scheme plays a vital role in participating to succeed the third pillar, ASEAN Social-Cultural Community, with a view to organizing the Social Security Nets and preventing from the negative impact of integration and globalization. Most of ASEAN member states have been implementing the Health Insurance Scheme, so Cambodia shall prepare this Scheme in order to reduce the gap of gaining the Social Security Nets between ASEAN member states and encourage the domestic labour force to contribute and increase the productivity and deduction of abroad immigration. 119. In connection with the situation of workers over the past years, there was the faintness of workers at enterprises or establishments in some capital-provinces in 2013. There was 4% of worker’s faintness of the total of work injury. Most of these cases were found in terms of the workers’ health problem and diet, especially shortage of hygiene in living, saving, and endurance not to get medical check-up in view of the expensive medical service. 120. Besides the faintness, there were also other employment injuries, which are non-work injury, went to get treatment service from the contracted hospital as well as reported and not reported to NSSF related to the health problem in the concerned situation. 121. These situations affected so much the living standard of workers as victim that had responsibility for paying their own treatment and it will influence more and more provided that there are the accidents or health problems until disability or death to the family of the victims and the whole society. That is the burden of caretaker, husband and wife, children, or ageing persons. ii. Achievements 122. The Royal Government of Cambodia strived actively to deal with the health problem of the workers so that health Insurance service was provided in the accurate systematic section. Since 1997, through the presence of the Labour Law, all enterprises and establishments was required to have rescue room or infirmary in order to prepare the medical rescue and first-aid for their own workers. 123. In 2009, the Royal Government allowed Group de Recherche et Déchanges Technologiques (GRET) of French to implement health Insurance project (HIP) that is the partnership with Ministry of 44 | Page UnofficialTranslation Labour and Vocational Training and Garment Manufacturers Association in Cambodia (GMAC) to be sponsored by Agence Franciase de Development (AFD) to begin the implementation of the pilot project on the health Insurance of garment factory workers. 124. Since 2011, the incident of worker’s faintness occurred in some garment and footwear factories, which is involved in the major of the workers’ health problem. By seeing these problems, Samdach Akka Moha Sena Padei Techo Hun Sen, the Prime Minister of the Kingdom of Cambodia approved on 27 August, 2011 to organize the process of the Health Insurance Scheme with a view to promote the health of workers. 125. In compliance with the above approval, NSSF strived actively to research and organize the formality and the procedure in order to proceed the Health Insurance Scheme by making one teamwork. There were many officials who were sent to join the training course, study visit, and workshop both national and international levels for many times. NSSF prepared the judicial regulation and fruitful implementation mechanism. 126. In the objective of implementing this Scheme effectively and continually, the participation of the relevant experts on analysis and financial management are inevitable. Fundamentally, NSSF has collaborated with International Labour Organization (ILO) and German International Cooperation (GIZ) to organize mechanism, analysis, and assessment of expenditure and project implementation that succeeded the results fruitfully and subsequently. 127. Until December 2011, 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) acted as witness and reached to sign the memorandum of understanding on the voluntary social health prevention in garment enterprises or establishments in the Kingdom of Cambodia with a view to cooperating between all parties and recognizing health Insurance project (HIP) that this project will assist to implement the Health Insurance Project of NSSF. 128. With a view to fulfilling the Memorandum of Understanding in 2011 in July 2012, all parties added one party as the Ministry of Health, which signed the Memorandum of Understanding on the support of social health prevention in Cambodia. The Ministry of Labour and Vocation Training through NSSF provided the counterpart to the members’ treatment payment of the Health Insurance Project, which totals 30,000 € for expense until 30 September, 2013. 45 | Page UnofficialTranslation 129. On 13 May, 2013, Governing Body of National Social Security Fund decided in unanimity on the preparation of process of the Health Insurance Schemes (SHI Roadmap) and agreed under the tutelage of both Ministries in order to put in health Insurance Project (HIP) at the end of September 2013 to stay directly under the NSSF. Next, on October 2013, HIP was transferred this project to be directly under the NSSF, which was required to continue the process of old management system of HIP until Insurance system starts to be implemented. 130. The result of these efforts, HIP consisting of 11 factories and 7,200 workers was transferred to be directly under the NSSF on October 2013 and has been proceeding successfully. iii. Challenges 131. The Health Insurance Scheme is compulsory and a new Scheme in Cambodia. This Scheme is more difficult than the Employment Injury Insurance Scheme, which involves vitally on the capacity of officials and staff; particularly there are not adequate medical-skill persons because they claim the high wage that is over the wage of officials and civil servants. 132. The preparation of judicial regulation and IT system for fundamental implementation still need the skillful workers and the participation of the relevant parties with a view to reaching and providing the Health Insurance Scheme completely for the workers. 133. Workplace is so narrow. Nowadays NSSF building is being used only for officials and staff of the Employment Injury that doesn’t possibly meet the demand of health Insurance for many human resources. 134. The quality of health Insurance is limited including the capacity of skillful practitioners, medical apparatus, medical drug, and service provision without respecting the guidelines of the state. This problem causes the low quality of service provision to the victim and doesn’t make the members trust with the domestic medical service that it affects the implementation of the Health Insurance Scheme as the liability of the state. 135. Some data, which is the basis in determining payment mechanism of health service, is still lack; especially the data involves the records of basic rate for the nature of each disease that makes the difficulty for the payment of health service. Moreover, examination and assessment on the quality of service providers are not accurate, and analysis for assessment on the health facilities is limited. iv. Future Plan 46 | Page UnofficialTranslation 136. To prepare the formality and the implementation procedure: by organizing the training course for officials and staff, preparing the judicial regulation and the meeting with the relevant partnerships with a view to gathering the ideas and experiences for arranging the health Insurance thoroughly. 137. To organize IT system: IT system is very crucial for the management of each Scheme of Social Security. The implementation of the 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 continually. 138. To prepare the payment method of health service: with a view to avoiding or reducing the consumption and service provision in the wrong purpose from service providers and receivers. 139. To publish publicly and determine implementation steps: in order to enable the stakeholders to acknowledge the procedure and formality of the implementation of health Insurance. Publishing the Health Insurance Scheme and determining the implementation steps in capital-provinces shall be accurate with a view to containing the registration, contribution collection, and benefit provision in compliance with each step as expected. III. The Pension Scheme i. General Situation 140. The Social Security Schemes for Civil Servants have been implemented by National Social Security Fund for Civil Servants in pursuance with the Royal Decree on the Social Security Schemes for civil servants promulgated in 2008. The Pension Scheme for workers in private sectors implemented by National Social Security Fund in accordance with the Law on the Social Security Schemes for persons under the provision of the Labour Law promulgated in 2002 and this Scheme will be implemented in 2015. 141. The benefit of pension for persons defined by the provisions of the 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 in a period of at least twenty years and paid in contribution at least for sixty qualifying months during the period of last ten years. 142. The preparation of the Pension Scheme for the workers in private sectors is highlighted the effort of the Royal Government of Cambodia for the future of the current active labour force and furthermore, it 47 | Page UnofficialTranslation also contributes to promote the labour productivity because of through this mechanism, the current labour force has the warm feeling for their future though they are working in private sectors. They can live by themselves when reaching the old age without depending on their children. 143. This policy contributes to promote the motivation of private and public labour force. That is to abolish the concept of working as workers in private sectors cannot get the pension, and there is only the civil servants in public service can gain the pension. Therefore, when this Scheme will be implemented, the workers in private sectors will receive the same pension as the civil servants. ii. Achievements 144. In initiatives of the process, the Pension Scheme for persons defined by the provisions of the Labour Law, the Royal Government organized development strategy plan of finance sector 2011-2020 approved on 25 November, 2011. This plan is a roadmap for long-term financial development and the Pension Scheme was also put in the development of financial sector. 145. Meanwhile, in preparation of the implementation of the Pension Scheme, NSSF focuses on promoting in building and strengthening the officials capacity by sending them to join the training course, national and international study visit with a view to gaining the work experiences for many times. Additionally, the training course of IT skill is also prepared for managing the pension system. iii. Challenges 146. The implementation of the Pension Scheme still has some challenges with regard to the preparation of judicial regulation and capacity. The process of this Scheme is required to determine the implementation mechanism precisely in building judicial framework, structure, IT system, and skillful capacity in order to provide the service in the right purpose and ensure the efficiency. 147. The data collection on demographic statistics in the Kingdom of Cambodia which is limited is the major matter in analyzing data of the citizen’s possibility, and the workers are eligible to have the Pension Scheme and prediction of the change of all data. Also, the statistic of economics is not also perfect and there is still an important challenge to the data analysis of rate of contribution payment. This factor influences seriously on the implementation of the Pension Scheme. 148. The prescription of citizen’s national identity is not yet thorough. Some people don’t have national identity and other have the overlapped national identity. 48 | Page UnofficialTranslation 149. The improvement of IT sector in the Kingdom of Cambodia is still limited. Technological equipment cannot meet the demand. The experience and implementation of this sector is limited. Moreover, this factor is still a challenge to the implementation of the Pension Scheme. iv. Future Plan 150. To study possibility of the process of the Pension Scheme: through organizing the mechanism of the Pension Scheme by establishing a research teamwork on possibility of the process of the Pension Scheme with a view to enabling the organization to have responsibility for ensuring the work result as expected and the stability of the finance of pension. 151. To prepare judicial regulation and train human resource: for implementing foundationally and promoting the capacity of officials and staff to have knowledge and competency at providing good service of the Pension Scheme to the members. 152. To organize IT system for the implementation of the Pension Scheme: on making the registration system, contribution payment, provision of benefit and data setting system to the account of retired persons in partnership bank with a view to sharing the information fast and relieve the members to get pension punctually. 153. To publish publicly and determine the implementation: via publishing in public media system in order to enable the stakeholders, particularly owner of enterprises, establishment, and workers, to understand the implementation of the Pension Scheme policy and prescribe the implementation steps to have the registration and contribution collection from the enterprises, establishment, and workers for the readiness of providing old age pension and allowance to the workers. 49 | Page UnofficialTranslation CHAPTER 5 SOCIAL PREVENTION STRATEGY FOR PERSONS DEFINED BY THE PROVISIONS OF THE LABOUR LAW 50 | Page UnofficialTranslation Chapter 5 Social Prevention Strategy For persons Defined by the Provisions of the Labour Law 154. Social prevention strategy for persons defined by the provisions of the Labour Law is made to implement the 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 the Labour Law. This strategy is a work program of Social Security with a view to implementing Rectangular Strategy Phase III of the Royal Government of Cambodia to increase employment, equity, and efficiency, and with the aim of being prepared for ASEAN integration in 2015 in organizing Social Security nets and prevention from the negative impact of integration and globalization in region in alleviating the gap of the eligibility of Social Security nets between the member states. I. Vision 155. National Social Security Fund has precise visions in ensuring to provide the Social Security for persons covered by the provisions of the Labour Law thoroughly and effectively to all workers working in private sectors in line with the growth of the national economy and regional improvement. “To ensure the Social Security with efficiency, transparency, accountability, and punctuality for persons are defined by the provisions of the Labour Law.” i. Mission 156. The importance of Social Security Insurance is to provide the prevention to the citizen based on the vision of sharing and solidarity guideline in society and ensure the income security. Through the Social Security Insurance, social members shall be prevented accidentally from the risk of income loss in view of the Employment Injury. These push them to trust the society completely that it makes the balance in the society, ensures stability and peace in the society, and contributes to accelerate policy implementation of the poverty alleviation of the Royal Government. “To provide the Social Security service with efficiency, transparency, accountability, and punctuality for persons defined by the provisions of the Labour Law in purpose of relieving the difficulty of old age, invalidity, death, occupation risk, or other contingencies: disease and maternity.” 51 | Page UnofficialTranslation III. Goals 157. With a view to achieving its vision and mission in insuring to provide the Social Security service effectively, NSSF has prescribed 4 goals: 1) extending and strengthening the implementation of the Employment Injury, 2) implementing the process of health Insurance, 3) implementing the process of the Pension Scheme, and 4) strengthening the good governance. i. Goal 1: Extending and strengthening the implementation of the Employment Injury 158. The Employment Injury Insurance Scheme has been implemented for over 5 years and enlarged the extension in 24 provinces nationwide. Across this time, NSSF has seen and gained a lot of experiences both strength and weak of the challenge, which this problem is required to coordinate and resolve additionally. 159. Accuracy, coordination, and settlement punctuality shall be strengthened, particularly strengthening, extending, and developing the Employment Injury policy, taking actions on preventing the work injury and preparing the formality and procedure better with a view to insuring the implementation of the 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 and in both country and region. Strengthening the implementation boundary of the Employment Injury Insurance Scheme 160. NSSF will continue to organize the publishing meeting on the implementation of the 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 the Employment Injury Insurance Scheme as well as Social Security sector. The publishing meeting will be conducted at least 12 times a year. 161. The situation of national economy has the rapid development in the growth rate of annual workers, which is about 4.47%. According to this growth, NSSF will strengthen the registration of enterprises, establishments, and workers to increase more and organize to establish the branch in 24 provinces nationwide, which recruit the officials and staff, and signed the contract with health centers more with a view to serve the service to the members periodically. 162. In Cambodia, the labour force from 01 to 07 is about 90,000 workers equal to 54.9%. This is the large amount that doesn’t get the Employment Injury Insurance Scheme from NSSF yet. The first step of 52 | Page UnofficialTranslation the implementation only prescribed the enterprises or establishments employing 8 workers or more. From 2018 onward, the Employment Injury Insurance Scheme will be implemented for the employer using the worker from 01 up to, so all workers will gain the Employment Injury Insurance Scheme. 163. With the aims of extending the implementation boundary, IT system will be also prepared through extending to link between management system and IT network in all branches of NSSF for ensuring the efficiency of management and sending data punctually. 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, and workers, and paying in contribution punctually and correctly. 165. Meanwhile, the implementation of Law and existing mechanism, preparation and reformation of formality, and procedure for the implementation are very significant for developing the 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 in contribution in NSSF with a view to gaining the same Insurance as the general workers. 166. In this goal, IT system for the 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 the Employment Injury 167. The situation of annual work injury estimates 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 the workers that are not non-work injury. This case, both work injury and non-work injury, is required to take actions promptly. 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 168. Preventing actions shall be proceeded in line with the benefit provision or compensation of the victim that protection is better than cure. When the number of accidents decreases, it helps cut down the expense, balance the finance of the Social Security, keep the labour force to make the high productivity, and reduce the social burden. The mechanism of the Employment Injury prevention will study the statistics of work injury and collect the information thoroughly from the situation of work injury with a view to assess and take actions. 169. At the same time, other mechanism will be implemented together through meeting to discuss with the stakeholders to take measures in order to publish and explain about the prevention, and the emergency in case of the work injury to employers, workers, and the stakeholders. Furthermore, this cooperation is worked together to take measures on employment and hygiene security, self-registration, and coordination of the work injury of the victim, which shall be granted the emergency. Providing Rehabilitation Service 170. The workers as the member of NSSF shall be provided rehabilitation service in case of suffering the work injury resulting in the permanent disability to gain the rehabilitation, both mental and profession, with a view to ensuring the possibility of complete participation and equality of the victim in the social activities. 171. Ensuring the Social Security not only provides medical treatment and compensation, but also includes the preventing actions and rehabilitation. It means that the first is the preventing actions. When the prevention doesn’t cause the accidents or diseases, it is granted the medical treatment. Then, if the victim stays in the disable situation resulting in the permanent disability, he / she shall be provided the rehabilitation with a view to enabling them to work again and live in the society as usual. 172. In order to succeed this goal, NSSF will prepare the mechanism of employment implementation, human resource training, preparation for judicial regulation of foundational implementation, collaboration with the stakeholders in order to prescribe and assess the service provision correctly, making the data management system, and signing the contract with the rehabilitation service organization in capital-provinces. ii. Goal 2: Implementing the process of the Health Insurance Scheme 173. The Employment Injury Insurance and the Health Insurance Schemes are two mechanisms which need to complete each other in view of the health of workers cannot only gain the prevention of disease 54 | Page UnofficialTranslation or injury resulting from the work, but also obtain the disease prevention or general injury that is not related to the work. The link of these two Schemes is a mutual-effect connection and provides completely in preventing the health of workers. 174. After succeeded the first step, the Employment Injury Insurance Scheme, and according to the growth of national economy that there are the increase of investors in country and workers working in the enterprises or establishments. This improvement is required to pay high attention to the work statute, especially for the health problem of workers. Obviously, over the last years, there were the faintness of workers 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 endurance not to get medical check-up with the expensive medical service. 175. Besides the faintness, there were many injuries of workers that are non-work injury went to gain treatment service in the contracted hospital as well as reported and not reported to NSSF with regard to the health problem under the concerned situation. These situations influence seriously on the health problem and living standard of workers that have to spend highly in receipt of medical service and affect the 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 motivating to promote the employment properly. 176. Focusing on these goals, there are 4 goals prescribed accurately for implementing to organize the formality and procedure of the implementation of the Health Insurance Scheme, prepare IT system, organize the strategy of health service payment, and publish publicly and prescribe the implementation steps with a view to achieving the provision of the Health Insurance Scheme to the workers in force in 2014. Preparing the formality and procedure of the implementation of the Health Insurance Scheme 177. The preparation of formality and procedure of the second step implementation over the past, NSSF has made the teamwork to organize and implement the process of the Health Insurance Scheme since 2012. Through this teamwork, the readiness of implementing the work succeeded the remarkable result. Until the end of 2013, this teamwork changed to the division, has continued implementing the Health Insurance Scheme of HIP and the rest of work, and added some works that are not completed with a view to implementing the Health Insurance Scheme that is the liability of workers. 55 | Page UnofficialTranslation 178. NSSF will continue training the officials and staff on the Health Insurance Scheme through collaborating with other development partnerships with the aim of organizing the training course and study visit to gain the experience both inside and outside country. In order to implement the Health Insurance Scheme, which is a new work and more complicated than the Employment Injury Insurance Scheme. In line with the systematic training, NSSF will organize the training mechanism at workplace directly. 179. The Social Security Schemes for the workers shall have been set in the constitution since 1993, but implementation of the process of medical care Scheme for the workers in this sector is a new work in Cambodia. In this context, the building of judicial regulation for the fundamental implementation is necessary. The preparation will be collaborated with other development partnerships to collect the ideas and other experiences for preparing the detail technical work in judicial section with a view to containing the effective implementation guideline. 180. Meanwhile, the research and analysis about the possibility of service coverage, which is not included, will be implemented with the stakeholders with a view to prescribing the suitable service for all and ensuring the continuity of the whole project. In line with prescribing the covered service, finding the service partnerships will be implemented through preparing the formality and making the assessment of health basis in order to recognize the quality and reach to sign the contract of service consumption in the right purpose punctually and have the quality. Preparing IT system for implementing the Health Insurance Scheme 181. IT system is very crucial for the implementation of the Social Security Schemes and organization 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 to establish the system of registration, contribution payment, and benefit provision apart from other Schemes with a view to controlling easily and have mechanism for analysis and assessment of the project’s situation, especially for financial situation for taking measures on reformation and settlement punctually. 182. To collaborate with the Ministry of Interior with a view to prescribing the identity of workers and providing new ID smart card to the workers. The ID smart card has accurate data for the foundation of prescribing the workers’ identity and providing the fast service. Also, this project will be organized to have the complaint system from the workers to record the request and other challenges for dealing with periodically and reforming the work better. 56 | Page UnofficialTranslation 183. The preparation will be implemented study of the changeable possibility of data collection management system, the changeable possibility of the joint management system between the Employment Injury Insurance and the Health Insurance Schemes, the link of the management system of the Health Insurance Scheme with the accounting system, the acceleration of sending data between the central office and branch division, and the procedure preparation and systematic control equipment with high efficiency for the Health Insurance Scheme. Preparing the procedure of health service payment 184. To prepare the procedure of health service payment for implementing with health partnership facilities to the Health Insurance Scheme. It involves crucially with the providers and receivers of health service. Additionally, it is a vital point to implement the Health Insurance Scheme of all Social Security organizations because it relates to the stability and continuity of the whole project. Consequently, it is required to organize properly the procedure and the mechanism of health service payment participated by the stakeholders. 185. In this goal, NSSF will prepare the system of health service payment precisely, equip the examining system of the members’ validity in the contracted health facilities, and designate agents in those health facilities for coordinating and dealing with the daily works with a view to ensuring the good service provision and cutting down the consumption or using the service in the wrong purpose. Promoting publicly and determining the implementation steps 186. Nowadays, NSSF has been implementing the pilot project of the Health Insurance Scheme consisting of 11 factories and 7, 000 workers in Phnom Penh. According to the experience of this pilot project, the Health Insurance Scheme is compulsory, which will be implemented in 2014 and is being organized the publishing plan in order to enable the stakeholders, especially employers and workers, to understand the procedure and the formality of the implementation of the Health Insurance Scheme through workshop, meeting, and publishing in public media system. 187. With the publishing work, the Health Insurance Scheme will be prescribed the implementation boundary of each step in capital-provinces to have the registration of enterprises, establishments, and workers with a view to enable workers to gain the Health Insurance Scheme with the accurate system, which will reach to control the whole country. 57 | Page UnofficialTranslation 188. With a view to ensuring to provide the benefit of the Health Insurance Scheme better, NSSF will also prepare the investigation mechanism of its own members from other effect after gaining medical service for taking actions on publishing to promote the health, prevention program, and first-aid to the workers, and for fundamental analysis of the health partnership facilities to provide the more effective medical service to the workers. iii. Goal 3: Implementing the Process of the Pension Scheme 189. The Pension Scheme on Public Sector for the 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 the Labour Law has been implemented by NSSF of the Ministry of Labour and Vocational Training. This Scheme covers the benefits, old age pension and allowance, invalidity pension and allowance for survivors, which is as a new Scheme as the Health Insurance Scheme for all people in Cambodia. Consequently, when this Scheme shall be implemented, the workers working in private sector shall be granted the same pension as the civil servants. Studying Possibility of the Process of the Pension Scheme 190. The Pension Scheme for persons defined by the provisions of the Labour Law will be implemented in 2015 is required to prepare mechanism of the Pension Scheme through making the teamwork researches to organize this Scheme in advance in order to enable the organization to have liability and achieve the work result as expected. 191. The readiness of this preparation is also studied about some effects of the implementation of the Pension Scheme from demographic situation, workers, and economic and social situation. This Scheme is granted the long-term benefit, which is studied deeply, particularly for age form of members and living situation for assessing the period of benefit provision, contribution rate prescription, and the proper benefits in line with the actual of national economy. 192. After studying and collecting the information thoroughly, it will be organized the meeting with the stakeholders to discuss the prime result, collect the ideas, and work experience for fundamentally continuing the preparation and analyzing to assess the implementation of the whole project. Furthermore, the discussion also including the collaboration with mathematic experts of Social Security to record the contribution and benefit package with a view to ensure the financial management of the Pension Scheme continuously. 58 | Page UnofficialTranslation Preparing the Judicial Regulation and Training Human Resource 193. To prepare the judicial regulation for fundamental implementation of the Pension Scheme including the preparation of formality and procedure of registration, contribution payment, benefit provision, and some necessary judicial regulations related to the joint implementation of the Pension Scheme. Meanwhile, with a view to organizing the judicial regulation is meaningful enough, it is required the participation of all stakeholders through workshop and the meeting together in order to collect the ideas to put in these judicial regulations. 194. To build the officials capacity and staff to have accurate knowledge and ability in providing the good service of the Pension Scheme with a view to have confidence in giving service through collaborating with the development partnerships working in Social Security to prepare the training course and study visit to gain experience both inside and outside country. Meanwhile, the appointment and recruitment of officials and staff who are knowledgeable of the Pension Scheme to fulfill their own work more importantly and will implement together in promoting the capacity building and the good implementation of the Pension Scheme. Preparing IT system for the implementation of the Pension Scheme 195. IT system is necessary for managing the Social Security Schemes as well as the Pension Scheme. In the context of Cambodia, we have just prepared to implement this Scheme that the human resource and technology are limited. The preparation of IT system must be collaborated with the national and international experts in building the safe data basis as well as finance and accounting system with a view to ensuring the management of income and expense of the Pension Scheme with high efficiency. 196. According to this basis, establishing the system of registration, contribution payment, and system of benefit provision shall be implemented together to the implementation of the first step. Moreover, there is also the study of data sending possibility to the account of the retired persons in the partnership bank with a view to share the information quickly and relieve the members in getting pension punctually. Publishing publicly and prescribing the implementation steps 197. To publish publicly through workshop, meeting, spot and leaflet, and other media systems with a view to enable all relevant parties, especially the owner of enterprises, establishments, and workers, to know the implementation of the Pension Scheme policy. 59 | Page UnofficialTranslation 198. To implement the Pension Scheme step by step in capital-provinces about registration of enterprises, establishments, and workers, and contribution collection in order to enable the workers in private sectors to gain the same the Pension Scheme as the civil servants. With registration and contribution collection, NSSF will prepare to provide old age allowance to the workers who don’t fulfill other conditions in receipt of old age pension before reaching to provide the long-term pension in the future and control in the whole country. iii. Goal 4: Strengthening the good governance 199. In line with the implementation of technical work on providing the Employment Injury Insurance service, the readiness of organizing the process of the Health Insurance Scheme and the Pension Scheme, and strengthening the good governance are a significant catalyst to promote the public service provision effectively, transparency, accountability, and punctuality. The good governance is still the center of Rectangular Strategy Phase III, the core of social justice, and the sustainable and equitable socioeconomic developments. With a view to achieving this goal, some directions are implemented as follows: Increasing the efficiency and quality of public administration service 200. These directions will pay a vital attention to strengthen the capacity, the interior management system, and mechanism of the information provision, and deal with the problem, and prepare and reform some management policies with a view to increasing the public service provision of Social Security with the efficiency and quality. 201. Strengthening the capacity and management system of NSSF will be prepared the training course for the officials and staff at least 50% of the total of officials and staff every year, strengthen the interior management system, and organize the management policy of human resource in compliance with policy on the interior management and Law on the common statute of civil servants of the Kingdom of Cambodia. 202. With strengthening capacity, interior management system and public publishing will be strengthened more widely with a view to promoting the awareness of the relevant parties, especially employers and workers, to know clearly about the Insurance policy of Social Security in a compulsory section. Additionally, the information mechanism and problem solutions will be established together with a view to dealing with the requests and problems punctuality. 60 | Page UnofficialTranslation 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 the prevention, consumption, and management effectively, and ensure the Law obedience and other goals, which are approved. Strengthening the management of finance and property 204. To strengthen the management of finance and property with transparency, accountability, justice, efficiency, quality, equity, saving, and punctuality pursuant to the Law on the public finance system and Law on the public bidding. 205. With a view to achieving this direction, the mechanism of finance management and some property will be strengthened and developed to the prescription of procedure and formality of finance management, the financial analysis of the Social Security Schemes, the establishment of investment committee, the preparation of supply and bidding project, and the preparation of the joint property consumption and maintenance mechanism in order to ensure the maintenance, consumption, and finance and property supply in the right purpose. Strengthening and extending the cooperation with the national and international partnerships 206. The globalization and the cooperation with the national and international partnerships are the important work in developing and strengthening the relationship between the stakeholders and development partnerships both inside and outside country with a view to push the knowledge development, information exchange, and new work experience exchanges. In this direction, some major activities shall be implemented as follows: - strengthen and extend the cooperation with the national and international institutions on the Social Security in order to exchange the information and data of the Social Security. - strengthen the implementation of the national and international regulations on the Social Security, and continue investigating to the implementation of Agreement and Memorandum of Understanding. - keep on participating in the annual meeting with other Social Security organizations, which NSSF joined as the member, including the meeting and other workshops, and organize the study visit to exchange experience both inside and outside country. 61 | Page UnofficialTranslation Strengthening the mechanism of building plan, statistics, and legislation 207. To strengthen the building of plan, statistics, and legislation through preparing the long-term strategy, short-term project, and conducting the annual report and raising the direction to implement continuously in order to contain the comparable mechanism, assess the implementation, and be a roadmap for guiding the implementation in the right purpose as well as collaborate with the Ministry of Health and the stakeholders for building plan, statistics, and legislation in participating to achieve the policy of the Royal Government in developing the society and national economy. 208. To write and edit the judicial regulation with a view to ensuring to provide the Social Security service more effectively and complying with the development situation either local, national, or international levels. In line with the judicial regulation preparation, the strengthening mechanism of the implementation of administration actions will be implemented together for not complying with the Law implementation and Social Security guideline. Strengthening the Internal Audition 209. To build the internal audition project by prescribing the goal, extension, and implementation mechanism with a view to conducting the credible audition in accordance with the guideline and the vocational standard of internal audition. With the implementation plan building, conducting report will be implemented for showing the work result, providing the reforming recommendation and measures. 210. To collaborate with the national audition authorities and the skillful institutions to organize the training course of audition knowledge, financial work, interior management mechanism, and some fundamental knowledge for the department chiefs in the organization and the audition officials to gain the knowledge for management and leading work in each part as well as the whole organization in order to make the improvement. Furthermore, the collaboration with the financial officials of the Ministry of Economy and Finance will be continued implementing the audition with a view to guiding the finance management in line with the Law on the public financial system. 211. In additional to building the project and collaboration, NSSF will prepare the mechanism for examining and conducting the interior audition on some significant parts including: finance, contribution, benefit provision, and other activities in both central departments and branch departments in capitalprovinces aimed at increasing the efficiency of the interior management and the risk prevention with a view to ensuring the resource consumption sustainably and providing the good service of public administration. 62 | Page UnofficialTranslation Promoting the Gender Equity in Social Security Sector 212. The strategic goals of the Royal Governments in section 5 on the gender equity promotion is issued through strengthening the quality of citizen and promoting the women situation, which is regarded as the backbone of economy and society, as well as changing the youth to be the crucial catalyst for developing all sectors. 213. In this spirit, gender equity in the Social Security sector will be promoting through pushing and motivating the women to join in the Social Security work as well as providing the priority of the important duty in the work. In the Social Security sector, NSSF will provide the Employment Injury Insurance Scheme, the process of the Health Insurance Scheme, and the Pension Scheme with a view to enabling the workers, particularly female workers, to gain the incidental Social Security service. Meanwhile, there are also the participation of project building and the stakeholders in mainstreaming and sharing the gender information in the Social Security sector with the stakeholders. 63 | Page UnofficialTranslation Chapter 6 Action Plans For the Implementation of Social Prevention for Persons defined the Provisions of the Labour Law in 2014-2018 3 - These action plans are made for the strategic planning implementation with a view to achieve the four main goals including the goals, objectives, and specific actions consisting of indicator, amount, and year of implementation 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 1.1 To continue publishing the implementation of employment injury insurance policy The publishing meeting in capital-provinces 1.2 To set up the branch division of NSSF in capital, provinces, and districts Number of the branch division of NSSF in capital, provinces, districts 1.3 To sign the contract Number of health with health facilities facilities in capital, in capital, provinces, provinces, districts and districts 64 | Page Amount 2018 Operating Organization Times 15 12 12 12 12 NSSF Division 2 6 10 10 10 NSSF Heath facility 25 150 50 30 20 NSSF UnofficialTranslation To register the enterprises, establishments, and workers Number of enterprises, establishments, and workers 1.5 To reform Prakas on 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 To implement the registration of employers employing more than 1 worker Process of implementation % Enterprise 1,000 Worker 100,00 0 1,000 50,000 1,000 50,000 1,000 5,000 50,000 400,00 0 100 NSSF 20 To extend the link of management system and IT network in Process of linking 1.7 the branch division % 100 network of NSSF in capital, provinces, and districts Objective 2: Strengthening and developing the employment injury insurance scheme 2.1 To carry out the inspection in enterprises and establishments Number of inspection 65 | Page Times 5,760 6,336 NSSF NSSF NSSF 6,779 7,117 UnofficialTranslation 10,675 NSSF 2.2 To investigate the work injury Workers suffering the work injury shall gain benefits legally 2.3 To take administrative actions on the enterprises and establishments don't comply with the Law Victim 17,675 17,543 17,311 16,979 21,447 NSSF Rate of enterprises and establishments complying with the Law % 89 90 91 92 92 NSSF 2.4 To 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 To prescribe the guidelines on trainees and apprentice Process of organizing Prakas on employment injury insurance for trainees and apprentice % 50 100 NSSF 2.6 To organize guidelines on selfemployed profession, and occasional or seasonal work Process of organizing Prakas on employment injury insurance for the persons work in selfemployed profession, and occasional or seasonal work % 50 100 NSSF 66 | Page UnofficialTranslation 2.7 2.8 2.9 To research and write the list of occupational diseases To improve the management system of registration and contribution of enterprises, establishments, and workers To 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 the victim To install SMS Process of SMS system % 2.10 system for workers installment Objective 3: Taking actions on preventing the work injury 3.1 To research and Process of researching write the statistics of and writing the statistics work injury of work injury 67 | Page % 100 NSSF NSSF 96 97 98 NSSF NSSF 100 70 99 100 UnofficialTranslation NSSF 3.2 To make the meeting with the stakeholders to prepare the preventing actions on preclusion and emergency rescue in case of work injury for employers, workers, and other stakeholders Number of the meeting with the stakeholders times 20 20 20 20 20 NSSF, IPCWF, RTSTPW 3.3 To publish and explain the preventing actions on preclusion and emergency rescue for employers, workers, and other stakeholders Number of the publishing and explanation Times 44 40 30 30 30 NSSF, IPCWF, RTSTPW 3.4 To collaborate with the stakeholders to take measures on work security, hygiene, and emergency rescue of the work injury Rate of the decrease of work injury % 1.80 1.70 1.60 1.50 1.40 NSSF, IPCWF, RTSTPW 3.5 To directly examine and coordinate the work injury of the victim gaining the emergency service Efficiency of gaining the emergency service % 85 90 93 95 97 NSSF, IPCWF, RTSTPW Objective 4: Providing rehabilitation service 68 | Page UnofficialTranslation 4.1 To set up the mechanisms to organize the rehabilitation service provision Process of organizing the rehabilitation service mechanisms % 50 100 4.2 To train human resource in rehabilitation Number of officials gain the training course on rehabilitation Official 7 10 4.3 To research and coordinate with the stakeholders Process of the research % 50 100 NSSF 4.4 To organize the judicial regulations Process of organizing the judicial regulations % 50 100 NSSF 4.5 To prescribe and assess the situation of victims' disability shall be granted the service Efficiency of providing the rehabilitation service to the victim % 50 65 4.6 To establish the data management system for providing rehabilitation service Process of organizing the data management system % 50 100 4.7 To sign the contract with service providing organization Number of the organization providing Organization the rehabilitations service 69 | Page 10 NSSF 15 75 20 85 25 95 NSSF NSSF NSSF 5 5 UnofficialTranslation 5 NSSF Goal 2: Implementing the 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 To organize the judicial regulations for implementing the health insurance Process of organizing the judicial regulations 1.2 To organize the meeting with the stakeholders in order Number of the meeting to collect the ideas and experience 1.3 To research and analyze possibility of the service coverage is not included yet Process of researching and analyzing the nature of service in health insurance 1.4 To organize the formality and set up the instrument of service cost assessment of the health facilities Number of health facilities shall be recognized the quality Amount 2018 Operating Organization % 100 NSSF Times 10 NSSF % 0 0 50 70 100 NSSF Health facility 60 100 200 300 500 NSSF Objective 2: Organizing IT system for health insurance scheme 2.1 To set up the system of registration and contribution payment Process of organizing the management system of registration and contribution payment 70 | Page % 100 NSSF UnofficialTranslation 2.2 To organize the management system of benefit provision Process of organizing the benefit management system % 100 2.3 To collaborate with Ministry of Interior Affairs in order to prescribe the identity of workers Percentage of workers have ID smart card % 30 2.4 To establish and equip the complaint system from members Process of establishment and equipment % 100 2.5 To 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 changing the system % 50 100 NSSF Process of linking the system % 100 2.6 2.7 To study the changeable possibility of the joint management system between employment injury insurance and health insurance schemes To organize to link between the management system of health insurance and accounting (sage) 71 | Page NSSF 70 100 NSSF NSSF NSSF UnofficialTranslation 2.8 To accelerate the data sending between central office and branch divisions Efficiency of sending data punctually % To organize the procedure and equip the examining system Process of organizing the % procedure and equipping the examining system Objective 3: Organizing the payment strategy of health service To organize the mechanisms of Process of organizing the 3.1 % health service mechanisms payment 2.9 90 96 98 100 NSSF 100 NSSF 100 NSSF 3.2 To organize the system of health service payment by IT system Process of organizing the system of health service payment % 100 NSSF 3.3 To organize Prakas of inter-ministry for using health service of health insurance scheme Process of organizing Prakas of inter-ministry % 100 NSSF To set up and equip the examining Number of health Health 3.4 system of members' facilities shall be 60 facility validity in health equipped facilities To nominate the Number of the NSSF NSSF agent in duty 3.5 agent in duty in the Agent 28 in the health health facilities facilities Objective 4: Publishing publicly and determining the implementation steps 95 72 | Page 100 200 300 500 NSSF 100 50 50 50 NSSF UnofficialTranslation 4.1 To make the publishing meeting on implementation of health insurance scheme in capitalprovinces Number of the publishing meeting 4.2 To produce spot and leaflet Number of spot and leaflet 4.3 To implement the health insurance scheme in capitalprovinces 4.4 Times 1 7 5 5 7 Spot 1 1 1 leaflet 1 1 1 Number of capitalprovinces Capitalprovince 1 7 5 5 7 To register and collect contribution from enterprises, establishments, and workers Number of enterprise, establishment, and worker registered in system enterprise 600 4,500 2,000 2,000 5,900 4.5 To provide the benefits of health insurance to the workers 4.6 To investigate the health effect of members gain the medical service 4.7 To implement the publishing program Number of prevention on health promotion, program shall be and the program of published prevention and firstaid for workers NSSF NSSF NSSF NSSF worker 360,00 0 550,00 0 80,000 80,000 430,00 0 Rate of member using the health insurance service % 60 50 45 45 45 NSSF Rate of member shall be investigated % 5 5 5 5 5 NSSF Times 10 15 20 25 30 NSSF 73 | Page 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 To organize the Process of organizing the 1.1 mechanisms of mechanisms of pension % 50 100 pension scheme scheme To study the demographic situation and 1.2 workers on age form Process of studying % 100 for the implementation of pension scheme To study the 1.3 economic and social Process of studying % 100 situation N Actions Indicator 1.4 To organize the meeting with the stakeholders 1.5 To collaborate with mathematics experts of social security in Process of contribution order to prescribe rate and benefits contribution rate and benefit package Number of the meeting Amount 2018 Operating Organization NSSF NSSF NSSF Times 8 3 NSSF % 50 100 NSSF 100 NSSF Objective 2: Organizing the judicial regulation and training human resource 2.1 To organize the judicial regulations Process of organizing the judicial regulations 74 | Page % 50 UnofficialTranslation 2.2 2.3 To make the meeting with the stakeholders to collect ideas in order to put in the judicial regulations To nominate and select the officials and staff have knowledge of pension to fulfill the work Number of the meeting Times 100 Number of the officials and staff in charge of pension Official and staff 10 5 5 5 5 Times 2 2 2 2 2 Official and staff 10 5 5 5 5 2.4 To collaborate with the stakeholders to gain the experience both inside and outside countries Number of study visit 2.5 To train the capacity of officials and staff in charge of pension Number of officials and staff Objective 3: Organizing IT system for implementing the pension scheme To build the data basis of pension Process of building the scheme in 3.1 data basis and % 50 collaboration with management system national and international experts To organize the management system Process of organizing the 3.2 % 50 of accounting and management system finance 3.3 To set up the system of registration and contribution payment Process of organizing the system of registration and contribution payment 75 | Page % 50 NSSF NSSF NSSF 100 NSSF 100 NSSF 100 NSSF UnofficialTranslation To establish the Process of organizing the 3.4 system of benefit systems of benefit % 50 provision provision To organize to send the data to the Process of organizing to 3.5 account of retired % 50 send the data persons in the partnership bank Objective 4: Publishing publicly and determining the implementation steps 4.1 To make the publishing meeting on implementation of pension scheme in capital-provinces Number of the meeting 4.2 To produce spot and leaflet Number of spot and leaflet Spot Leaflet 4.3 To implement the pension scheme in capital-provinces Number of capitalprovinces 4.4 To register and collect contribution from enterprises, establishments, and workers Number of enterprises, establishments, and workers register and pay in contribution To provide old age allowance to workers Number of workers gain the benefit of old age allowance 4.5 Times 100 NSSF 100 NSSF 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 2018 Operating Organization NSSF NSSF Goal 4: Strengthening the good governing N Actions Indicator 76 | Page Amount 2014 Year of Implementation 2015 2016 2017 UnofficialTranslation Objective 1: Improving efficiency and quality of the public administration services To build the Rate of officials and staff 1.1 capacity and Train % 50 50 shall be trained the human resource To strengthen the internal Efficiency of internal 1.2 management system % 90 97 management and human resource policy 50 50 50 NSSF 99 99 99 NSSF 1.3 To extend the public publishing of social security insurance service Coverage of public information provision % 70 70 70 70 70 NSSF 1.4 To make the mechanisms of gaining information and dealing with the problems Efficiency of gaining information and dealing with the problems % 80 90 95 97 97 NSSF 1.5 To establish the documentary library of social security insurance provision Process of organizing and implementing % 50 100 1.6 To reform the composition and function of medical committee Process of reforming Prakas of medical committee of NSSF % 100 1.7 To organize the management system of health service consumption Efficiency of the payment and consumption of health service % 95 96 97 1.8 To prepare and reform IT infrastructure % 90 95 100 Efficiency of sending data 77 | Page NSSF NSSF 98 UnofficialTranslation 99 NSSF NSSF 1.9 To study the Process of linking IT possibility of linking networks with IT network with partnership bank partnership bank To organize the procedure and the implementation 1.10 policy for using the materials and IT system Process of organizing % 10 100 NSSF % 100 NSSF NSSF Objective 2: Strengthening the financial management and property 2.1 To prescribe the procedure and the formality of financial management Process of prescribing the procedure and the formality of the financial management % 100 2.2 To analyze the finance of social security scheme Number of the financial contribution of social security scheme Times 1 2.3 To make the investment committee Process of organizing to make the investment committee % 100 2.4 To organize the supply and bidding plan in compliance with the law on the public bidding and financial guidelines Efficiency of the management of supply and bidding % 90 78 | Page 1 NSSF NSSF 97 99 99 UnofficialTranslation 99 NSSF 2.5 To prepare the maintenance mechanism and the joint property consumption Efficiency of the property consumption % 90 97 99 99 99 NSSF Objective 3: Strengthening and extending the cooperation with national and international partnerships 3.1 To strengthen and extend the cooperation with the national and international institutions working in the social security Efficiency of changing the information and data in the social security % 70 75 80 85 90 NSSF 3.2 To strengthen the compulsory implementation of the national and international regulations in the social security The implementation in compliance with national and international regulations % 70 75 80 85 90 NSSF 3.3 To continue investigating and implementing the agreement and memorandum of understanding Keeping the cooperation % 100 100 100 100 100 NSSF 3.4 To participate in the 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 To organize the study visit to exchange the 3.5 Number of study visit Times 5 5 5 experiences both inside and outside countries Objective 4: Strengthening the mechanisms of building plan, statistic, and legal procedure 4.1 To build the longterm strategic planning and the annual planning Roadmap for guiding the implementation in the right purpose 4.2 To make the reports of annual work result and raise the implementing direction Compared mechanism and assessment of the implementation 4.3 To write and reform the judicial regulation in order to insure and provide the social security service Efficiency and more effectively, processing of social and in compliance security service with the development situation either national, regional, or international levels 80 | Page 5 5 NSSF % 100 100 100 100 100 NSSF Report 1 1 1 1 1 NSSF % 80 85 90 95 97 NSSF UnofficialTranslation 4.4 To 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 To 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 the internal audition 5.1 To build the plan and make the report of annual audition Efficiency of the implementation of internal audition in the right 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 To collaborate with the national audit authorities and the skillful institutions, and organize the training course on audit knowledge, financial work, internal management mechanisms and other knowledge To collaborate with the financial examining officials of the Ministry of Economy and Finance implementing the internal audition To examine, investigate, assess, and provide the recommendation on implementation of social security policy To 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 Times 1 1 1 1 1 NSSF Efficiency of the management of social security policy 0 80 85 90 95 99 NSSF Reformation and development of the system of financial management, contribution, and benefit provision of social security schemes % 70 75 80 85 90 NSSF Annual audition 82 | Page UnofficialTranslation Objective 6: Promoting the gender equity in the social security sector 6.1 To push and encourage the women to work in the social security work, and provide the priority of important duty Rate of female officials and staff working in NSSF % 50 50 50 50 50 NSSF 6.2 To provide employment injury insurance, health insurance, and pension schemes Female workers shall be granted the insurance as against the total workers have registered % 71 71 71 71 71 NSSF 6.3 To participate in the plan and report to promote the gender equity in social security sector with the 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 CONSULTATION DOCUMENT 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 Padie Techo Husen, 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. General 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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