Enhancing employers’ involvement in Social Protection policy debates Session 1.4. Understanding Convention 102 and Recommendation 202

1. The concepts 2. Finance and economic concerns 3. Implementation aspects 4. Transferring the learning

Session 1.4. Understanding C102 and R202 At the end of this session, you will: Understand the basic principles mentioned in ILO’s two main standards on social protection During this session: We will listen to a presentation on Convention No. 102 and Recommendation No. 202

Realizing the right to social protection: Conventions and Recommendations ILO has 2 types of standards: Conventions and Recommendations They lay down obligations and guidelines for ILO Member States respectively They answer questions on: How to design national social protection systems?

Realizing the right to social protection: Conventions and Recommendations Conventions are designed to be ratified. When an ILO Member State ratifies a Convention, the State becomes subject to international and legally binding obligations. Recommendations are not for ratification. Hence, they provide general or technical guidance and supplement the corresponding Conventions.

Realizing the right to social protection: Main conventions Maternity Sickness Unemployment Work injury Medical care Convention No. 102 covers all 9 contingencies Families with children Invalidity Death of the breadwinner Old age Life-cycle C 183 C 128 C 128 C 128

Realizing the right to social protection: Parameters & principles Who is covered? Residents, citizens, definition of the labour law… When are people covered? What are the qualifying conditions? (how many years/months of contribution…) What are the risks covered? (health, old age …) How much and for how long? Levels of benefits Duration of benefits Revision of benefits

Exercise 1 – Discovering Convention No. 102 Three groups: Group 1 focuses on Part II: Medical care Group 2 focuses on Parts IV: Unemployment benefit Group 3 focuses on Parts VIII: Maternity benefit Read the convention and answer the following questions (15 minutes) Who is covered? When are people covered? What are the risks covered? How much? For how long? Wrap-up in plenary (15 minutes) 15 + 15 minutes Convention 102 was the first international standard that defines what social security means, based on what it should provide.

Exercise 1 – Discovering Convention No. 102 PARTS WHO? WHEN? WHAT? HOW MUCH? HOW LONG? II- Health care III- Sickness IV- Unemp. V- Old age VI- E.Injury VII- Family VIII- Maternity IX- Invalidity X- Survivors http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:312247

Social Security (Minimum Standards) Convention, 1952 Maternity Benefit (Part VIII)

Maternity Benefit (Part VIII) Convention No. 102   Maternity Benefit (Part VIII) Contingency: Risk covered Pregnancy and confinement and their consequences, and resulting in suspension of earnings.

Minimum number of covered women: OR + All women in prescribed classes of employees, not less than 50% of all employees, + for maternity medical benefit also the wives of men in these classes; OR All women in prescribed classes of economically active population, not less than 20% of all residents, for maternity medical benefit also the wives of men in these classes

Types and minimum amounts of maternity benefits: Medical care benefits: pre-natal, confinement and post-natal care, + hospitalisation, where necessary.     Cash Benefits: Earnings-related benefit: at least 45% of former earnings; or Flat-rate benefit: at least 45% of wage of unskilled worker ;

Maternity Benefit (Part VIII)   Maternity Benefit (Part VIII) Entitlement conditions: Possibility of setting a qualifying period as may be considered necessary to preclude abuse. (up to 1 year)    

Minimum duration of maternity benefits: Medical care has to be granted throughout the period of pregnancy, confinement and their consequences; Maternity cash benefit has to be granted for a minimum of 12 weeks in case of suspension of earnings.

Realizing the right to social protection: Parameters & principles  The State is responsible for the provision of benefits & proper functioning of the scheme  Solidarity & pooling of risks between men & women, rich & poor, generations.. This contributes to social cohesion  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

Realizing the right to social protection: Parameters & principles  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 …

Convention No. 102 - 54 ratifications Albania (2006) Austria (1969) Barbados (1972) Belgium (1959) Bolivia (1977) Bosnia and Herzegovina (1993) Brazil (2009) Bulgaria (2008) Chad (2015) D. R. Congo (1987) Costa Rica (1972) Croatia (1991) Cyprus (1991) Czech Rep. (1993) Denmark (1955) Dominican Rep (2016) Ecuador (1974) France (1974) Germany (1958) Greece (1955) Honduras (2013) Iceland (1961) Ireland (1968) Israel (1955) Italy (1956) Japan (1976) Jordan (2014) Libya (1975) Luxembourg (1964) Macedonia (1991) Mauritania (1968) Mexico (1961) Montenegro (2006) Netherlands (1962) Niger (1966) Norway (1954) Peru (1961) Poland (2003) Portugal (1994) Romania (2009) Saint Vincent and the Grenadines (2015) Senegal (1962) Serbia (2000) Slovakia (1993) Slovenia (1992) Spain (1988) Sweden (1953) Switzerland (1977) Turkey (1975) Togo (2013) United Kingdom (1954) Ukraine (2016) Uruguay (2010) Venezuela (1982)

Refreshing the SPF concept All residents have access to essential health care, including maternity care All children enjoy basic income security, providing access to nutrition, education, care, and any other necessary goods and services All persons in active age who cannot earn sufficient income, enjoy basic income security, particularly in cases of sickness, unemployment, maternity, disability All older persons have basic income security

R202’s Guidance for the strategy, design and operations Policy design SPF part of a comprehensive system Universality of protection Entitlements prescribed by Law Adequacy and predicatbility Social inclusion, non-discrimination Respect for the rights and dignity Progressive realization Solidarity in financing Diversity of methods and approaches Coherence with other policies Financing Good governance Solidarity in financing Diversity of financing mechanisms Transparent, accountable and sound financial management Financial, fisccal and economic sustainability Coherence accross institutions Transparent, accountable and sound administration High quality public services Complaints and appeal Monitoring, evaluation Participation (workers, employers, CSOs)

Using ILO R202 and C102 to shape comprehensive social security systems Advanced Standards R202 C102

Exercise 2 – Drawing the social protection staircase of your country Each participant has to draw a social protection staircase for the health care branch of their country Present any 3 cases Convention 102 was the first international standard that defines what social security means, based on what it should provide. 5 + 15 minutes

Exercise 2 – Drawing the social protection staircase of your country Level of protection Convention 102 was the first international standard that defines what social security means, based on what it should provide. Poor Rest of informal sector Formal sector Population

Thank you! Questions?