Unemployment protection, as part of a comprehensive social security system Valerie Schmitt, Celine Peyron Bista Hands-on Training, Oct 2013 Designing and implementing unemployment benefits Key questions • • • • • What is social security? Towards the right to social security The SPF endorsement The SPF an amazing opportunity How can social security standards help in implementing the right to social security What is social security? • People face contingencies during their life cycle, which have financial consequences Maternity Sickness / ill health Unemployment Families with children Invalidity Work injury Death of the breadwinner Medical care Old age Life cycle • Social security is provided to members of a society against the economic and social distress caused by such contingencies What is social security? THE PROTECTION PROVIDED BY SOCIETY To compensate for the loss of income & covers health care expenditures To facilitate access to social services and fulfill basic needs FINANCIAL SUPPORT ACCESS TO SERVICES SOCIAL TRANSFERS What is social security? Typology of social transfers Social transfers Contributory Compulsory Social Insurance Non contributory Voluntary Targeted Non-Targeted Extension of social insurance to informal sector Micro-Insurance Targeted social assistance Universal schemes http://www.social-protection.org/gimi/gess/ShowTheme.do?tid=11&ctx=0 What is social security? Social security as a human right • Social security is a human right (Article 22 Universal declaration of human rights) • Article 25 recognizes the right to a standard of living adequate for health and well being of the individual and his/her family … including medical care • Flagship Convention 102, 1952 • Recommendation 202, 2012 reaffirms the universal right to social security Towards the right to social security • Access to social security in many countries • Need to expand horizontally and vertically Poor Rest of informal sector Population Level of protection Formal sector Towards the right to social security • Social insurance mainly looks at covering formal sector workers, with in some cases extension of voluntary schemes to the informal sector Poor Rest of informal sector Population Level of protection Social insurance Formal sector Towards the right to social security • The major part of the population is however be left without adequate protection Poor Rest of informal sector Population Level of protection Formal sector Towards the right to social security • All residents should enjoy at least a minimum level of social security • Countries should establish SPFs as a fundamental element of their social security systems Level of protection Social Protection Floor Poor Rest of informal sector Population Formal sector Towards the right to social security • Based on this floor, extend social security to provide progressively higher levels of SP benefits to more people • Ex SSO article 40 complements basic pensions and UCS in Thailand Level of protection Social insurance Social Protection Floor Poor Rest of informal sector Population Formal sector The SPF adopted nationally It was adopted in national social protection strategies, e.g. Cambodia Source: NSPS-PV of Cambodia, 2011 The SPF endorsed globally • R202 was endorsed by the 185 member states of ILO in June 2012 with 456 ‘yes’ votes and 1 ‘not present’ • R202 serves as a guidance to member states to establish or maintain nationally defined SPFs http://www.ilo.org/wcmsp5/groups/public/---ed_norm/--relconf/documents/meetingdocument/wcms_183326.pdf The SPF adopted in Asia • ILO Asia Pacific Regional Meeting (Dec 2011): – Priority to “Reducing poverty and wide inequalities in income and wealth” and “Building effective social protection floors in line with national circumstances • Adoption by ASEAN member states of the Declaration for strengthening social protection (6 Sept 2013) The SPF: an amazing opportunity A set of guarantees All residents have access to essential health care All children enjoy income security through transfers in cash or kind access to nutrition, education and care All those in active age groups who cannot earn sufficient income enjoy a basic income security (particularly in case of sickness, unemployment, maternity, disability) All residents in old age have income security through pensions or transfers in kind The SPF: an amazing opportunity 3rd guarantee of the SPF • 2 functions of unemployment protection – Income support (immediate response against poverty) – Increase employability (long-term response to poverty) • 3-dimensional approach: Income security Employability & adaptability Return to employment The SPF: an amazing opportunity A fast track strategy Thailand The SPF: an amazing opportunity Poverty reduction and development Social protection 2. Direct effects Poverty and inequality 2. Behavioral effects Education & training 1. Household consumption 5. 4. Demand for goods and services Child well being Labour Increased financing Human capital Health Livelihoods and productive investments Increased Wages, income 3. Economic performance 3. Physical capital 4. Labour productivity Source: Maastricht School of Governance How to implement the right to social security? How can social security standards help? • Governments have to organize access and levels of services through legislative and regulatory means • It is the responsibility of the Government to design an adapted legal framework How can social security standards help? • ILO has adopted Social Security Standards • Two types: Conventions and Recommendations • These standards lay down obligations and guidelines for ILO Member States • They help answer all the design questions How can social security standards help? • Conventions are designed with a view to being ratified. Hence, when an ILO Member state ratifies a Convention, it becomes subject to legally binding international obligations. • Recommendations are not open for ratification, they specify general or technical guidelines and often supplement corresponding Conventions. How can social security standards help? • Since 1919, the ILO has adopted 31 Conventions and 23 Recommendations in the area of social security, which have greatly contributed to the development of social security as a universal human right • In 2002, the ILO Governing Body confirmed eight out of these 31 Conventions as up-todate social security Conventions How can social security standards help? C 183 Maternity C 130 C 168 Sickness / ill health Unemployment C 121 Work injury Convention No102, covers the nine contingencies Families with children Invalidity Death of the breadwinner Old age C 183 C 128 C 128 C 128 Life cycle How can social security standards help? Supplement C.102 Social Security (Minimum Standards) Convention, 1952 C 121 Employment Injury Benefits Convention, 1964 R 121 Employment Injury Benefits Recommendation, 1964 C 128 Invalidity, Old-Age and Survivors' Benefits Convention, 1967 C 130 Medical Care and Sickness Benefits Convention, 1969 R 131 Invalidity, Oldage and Survivors' Benefits Recommendation, 1967 R 134 Medical Care and Sickness Benefits Recommendation, 1969 C 168 Employment Promotion and Protection against Unemployment Convention, 1988 R 176 Employment Promotion and Protection against Unemployment Recom., 1988 C 183 Maternity Protection Convention, 2000 R 191 Maternity Protection Recommendation, 2000 R. 202 Social Protection Floors Recommendation, 2012 (No. 202) How can social security standards help? Supplement Flagship C.102 Social Security (Minimum Standards) Convention, 1952 C 121 Employment Injury Benefits Convention, 1964 R 121 Employment Injury Benefits Recommendation, 1964 C 128 Invalidity, Old-Age and Survivors' Benefits Convention, 1967 R 131 Invalidity, Oldage and Survivors' Benefits Recommendation, 1967 C 168 Employment C 183 C 1309 branches of social security Promotion and Maternity Medical Care Minimum percentage of people Protection Protection and Sickness against Convention, Benefits coveredUnemployment (e.g. 50% of all employees 2000 Convention, Convention, 20% of all residents) 1969 1988 Minimum levels of benefits guaranteed R 191 R 134 R 176 Maximum qualifying period for Maternity Medical Care Employment entitlement toand benefits Protection and Sickness Promotion Benefits Protection Minimum duration ofRecommenbenefits dation, 2000 against Unemployment Recom., 1988 principles Common agreed Recommendation, 1969 R. 202 Social Protection Floors Recommendation, 2012 (No. 202) or How can social security standards help? C.102 Social Security (Minimum Standards) Convention, 1952 C 130 Medical Care and Sickness Benefits Convention, 1969 Member states of the ILO R 121 social R 131 should establish Employment Invalidity, Oldprotection Injuryfloors Benefitsas a age and RecommenSurvivors' fundamental element of their dation, 1964 Benefits Recomsocial security systems mendation, 1967 R 134 Medical Care and Sickness Benefits Recommendation, 1969 Supplement C 128 C 121 Invalidity, Employment Old-Ageat and All residents should enjoy Injury Benefits Survivors' Convention, level of least a minimum social Benefits 1964 Convention, security 1967 C 168 Employment Promotion and Protection against Unemployment Convention, 1988 R 176 Employment Promotion and Protection against Unemployment Recom., 1988 C 183 Maternity Protection Convention, 2000 R 191 Maternity Protection Recommendation, 2000 R. 202 Social Protection Floors Recommendation, 2012 (No. 202) How can social security standards help? Supplement C.102 Social Security (Minimum Standards) Convention, 1952 C 121 Employment Injury Benefits Convention, 1964 R 121 Employment Injury Benefits Recommendation, 1964 C 128 Invalidity, Old-Age and Survivors' Benefits Convention, 1967 C 130 Medical Care and Sickness Benefits Convention, 1969 C 168 Employment Promotion and Protection against Unemployment Convention, 1988 C 183 Maternity Protection Convention, 2000 Convention 168 concerning Employment Promotion and ILC in R 191 R 131 R 134 R 176 Protection against Unemployment by Maternity Invalidity, OldMedical Care Employment (adopted Protection age and and Sickness Promotion and 1988) RecommenSurvivors' Benefits Protection dation, 2000 Benefits RecomRecommenagainst Unemmendation, 1967 dation, 1969 ployment Recom., 1988 R. 202 Social Protection Floors Recommendation, 2012 (No. 202) Social security standards provide guidelines for the design of SS Laws • What are the risks covered? • What are the benefits in case the risk occur? – Levels of benefits – Duration of benefits – Revision of benefits • Who is covered? – Residents, citizens, definition of the labour law… – What are the qualifying conditions? (how many years/months of contribution…) • How will the protection be financed? – How will the protection be organized? Social security standards provide principles for the design of SS Laws The State is responsible for the provision of benefits & proper functioning of the scheme Solidarity & pooling of risks •between men & women, rich & poor, generations Tripartite administration •Representatives of covered persons must participate in the management or associated to the key decisions Collective financing of benefits •Through contributions, taxation or both •Employees’ contributions should not exceed 50% of the financial resources allocated Social security standards provide principles for the design of SS Laws Adjustment of pensions (to keep the purchasing power) •Following changes in the cost of living or general level of earnings Right to appeal •In case of the refusal of the benefit •Regarding the quality & quantity of benefits Suspension of benefits •If beneficiary absent from territory, receives other benefits, made a fraudulent claim …
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