1. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos CONVENTION 102 Contingencies SOCIAL SECURITY FOR TRADE UNION ORGANIZATIONS

2. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Health (Medical Care and Sickness Benefits) – C. 102 p.II and III; C130, R134 and R69 Medical care Scope of application – Protected persons: 102 – 50% of employees; or 20% of the EAP, or 50% of residents 130 – all employees; or 75% of the EAP, or 75% of residents. R 134 – Extension of medical care to the entire population by stages. Benefits: 102 – general medical care (including home visits); care by specialists; the provision of pharmaceutical products; hospitalisation. C. 130 adds – dental care, medical rehabilitation, including the provision, maintenance and renewal of prosthetic and orthopaedic appliances. R 134 adds – supply of medical aids such as eyeglasses and services for convalescents.

3. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Health Duration: 102 – may be limited to 26 weeks, which must be prolonged as long as the beneficiary is entitled to a sickness benefit or in the case of diseases with prolonged treatment. C.102 authorises countries with insufficiently developed medical resources to limit the duration to 13 weeks as an exception. Conditions: a certain qualification period may be determined. The qualification period may designate a period of making contributions, a period of employment, a period of residence or a combination of these periods. This definition applies to all contingencies. Copayment: C102 and C130 accept that beneficiaries may be required to contribute to the cost of medical care provided this does not cause undue hardship and involve making the medical and social protection less effective (130). “Ticket moderador” (paying a small symbolic sum at each medical visit) vs. “Ticket recaudador” (paying a regular monthly amount).

4. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Health TEMPORARY SICKNESS BENEFITS Persons protected: The same criteria as for medical care and in the event that it is decided to cover a percentage of residents, C. 102 and 130 establish the protected population to be all residents whose means do not exceed prescribed limits during the contingency. Benefits: The answer: 45% of reference salary (102) or 60% (130). Duration: 26 weeks (102); or 52 weeks (130), with a possible exemption period (no payment) for the first three days. May exceptionally be limited to 13 or 26 weeks respectively in case of limited medical infrastructure. Conditions: same as for “medical care”

5. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Maternity Maternity C102 p. VIII; C 183, R191 Women protected: 50% of employed women, or 20% of the EAP, or lower rates if they have availed themselves of the temporary exceptions provided for in Convention 102. C.183 applies coverage to all employed women Benefits: medical and financial for at least 12 weeks and for a minimum of 45% of the reference salary (102); or 14 weeks for 66% of the salary in the case of C.183. R. 191 refers to 18 weeks and 100%. The amounts must reach at least the percentages referred to for cases of sickness (C183). C183 allows for reductions/breaks in the working day for breastfeeding.

6. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Maternity Benefits: Article 9 states that each Member is required to take appropriate measures to ensure that maternity does not constitute a source of discrimination in employment or in access to employment. It also prohibits employers from firing a woman who is pregnant, or during maternity leave, or for a period after returning to work, except for reasons unrelated to pregnancy and childbirth or its consequences or to breastfeeding. Lastly, women are granted the right to return to the same job or an equivalent position with equal pay at the end of maternity leave. Conditions: a qualifying period may be set. Despite this, the Convention provides for the existence of social assistance funds for the payment of cash benefits to women who have not met the required qualifying conditions.

7. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Family benefits: Family benefits Convention 102 – Part VII Declaration of Philadelphia, provides for “basic income to people in need” Persons: with a given number of dependent children within the age of compulsory school attendance or under 15: 50% of employees (exceptionally, 50% of employees in industrial enterprises employing more than 20 people); or 20% of residents; or all residents below a certain income level.

8. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Family benefits: Benefits: periodic payment, and/or supply of food, clothing, housing, holidays or domestic help. Overall cost to the state: 3% of salary for the children of all protected persons, or 1.5% of salary for the children of all residents. Duration: Until the child reaches the age of 15 or until the end of compulsory education Conditions: qualification period, which may be three months of paying contributions (or employment) or one year of residence.

9. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Invalidity – Old-age – Survivor Common characteristics Long-term benefits: invalidity, old-age, survivor C 102 parts V, IX and X - C128 and R 131.  Pre-identification of specified substitution/replacement rates based on the qualification periods described (defined benefit).  Minimum amount as a percentage (percentage of substitution) and, where appropriate, an absolute minimum subsistence figure.  This must be paid throughout the duration of the contingency.  It must be revised according to changes in the cost of living.

10. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Invalidity – Old-age – Survivor Common characteristics  Benefits must consist of periodic payments calculated in accordance with prescribed rules. Previous identification of substitution/replacement specified according to the qualification periods described (defined benefit).  The worker's contributions to the pension system must not exceed 50% of the total of these minimum contributions as a percentage (percentage of substitution) and, where applicable, in terms of an absolute subsistence amount.  Participation - When the administration is not entrusted to a public institution, representatives of the protected persons must participate in the administration or be associated with it in a consultative capacity.

11. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Old age Persons protected: 50% of employees or 20% of the EAP, or all residents not exceeding given limited resources (102); all employees or 75 % of the EAP in the case of C128. R.131 states that coverage should be extended, by stages, to persons whose employment is casual, and to all the EAP. Benefits: For the maximum qualification period: 40% of a reference salary (102); 45% (128); 55% (R.131). It is therefore necessary to know from the outset the substitution or replacement rate based on the number of years of contributions that the system defines as a requirement. In other words, it must be a “defined benefit” system. National legislation must set a minimum amount of old-age benefits to ensure a minimum standard of living.

12. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Old age Benefits: C.102 and 128 reflect the principle of reviewing benefits based on changes in the cost of living. They merely state the principal, leaving the State to define the method and frequency of the pension review. The resulting pensions must be for life in the form of periodic payments. Conditions: Age: The prescribed age should not exceed 65 (C102 and C128), although the conventions authorize the establishment of a higher age based on specific criteria (working capacity of the elderly – 102 –, or statistically demonstrated demographic, economic and social criteria – 128). C128 and R131 establish the need to set reduction coefficients at the age of 65 for certain arduous or unhealthy occupations.

13. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Old age Conditions: Qualification period: a minimum qualification period must be identified (15 years – with reduced benefit) and another maximum period (20 years of residence or 30 of contributions) for the pension entitlement. A minimum pension must be identified with the maximum period. Activity: Work in groups to suggest possible short and medium-term corrections to the pension system in favour of an extension of coverage, making tripartite consensus possible within the framework of a hypothetical social dialogue.

14. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Invalidity Long-term benefits: invalidity, old-age, survivor C 102 parts V, IX and X – C128 and R 131. Persons protected: same as “old age” Benefits: Periodic payment calculated in accordance with prescribed rules – 40% of reference salary (102); or 50% (C128), or 60% (R131). R.131 considers the possibility of setting minimum amounts with the aim of guaranteeing the beneficiary a minimum living standard. Duration: throughout the contingency or until replaced by an old age benefit. C128 also considers vocational rehabilitation services in addition to cash benefits.

15. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Invalidity Conditions: Maximum: 15 years of employment or contributions, or 10 years of residence. As with old-age benefits, when benefits are conditional upon a minimum period of contribution or employment, a reduced benefit must be guaranteed, at least to those who have completed a five-year period of contributions, employment or residence.

16. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Survivor Long-term benefits: invalidity, old-age, survivor C 102 parts V, IX and X – C128 and R 131. Persons protected: same as “old age” For children – at the age of compulsory school attendance or under 15 years of age. For widows (with a certain age or disability) – the benefit may be conditional on the presumption that other possible means of support are not available. R.131 encourages States to grant disabled and dependent widowers the same rights as are accorded to widows.

17. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Survivor Benefits: For a widow with two children, 40% of the reference salary (102); or 45% (128); or 55% (R.131). Reviewed according to changes in the cost of living. Duration: throughout the contingency Conditions (same as invalidity): Maximum: 15 years of employment or contributions, or 10 years of residence. As with old-age benefits, when benefits are conditional upon a minimum period of contribution or employment, a reduced benefit must be guaranteed, at least to those who have completed a five-year period of contributions, employment or residence.

18. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Accidents at work and occupational diseases Accidents at work and occupational disease C102 p.VI; C121 and R121 C.121 obliges states to prescribe a definition of an accident at work. Persons protected: 50% of employees (C102), or all employees (C121 – with exceptions, and R121, without exceptions) R.121 provides for voluntary insurance for workers on their own account.

19. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Accidents at work and occupational diseases Benefits: Medical care and sickness benefits for both temporary and permanent disability are set at: 50% of a reference salary (102); 60% (121); 66.6% (R121). In case of permanent partial incapacity, these benefits can be replaced by a lump sum. In the event of death: for a widow with two children, the benefit must be 40% of the reference salary (102); or 50% (121). The Conventions provide for a review of benefits based on changes in the cost of living. The resulting pensions must be for life in the form of periodic payments. C102 provides that no periodic payment amount must be less than the prescribed minimum amount. All periodic payments must be calculated in accordance with the rules described.

20. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Accidents at work and occupational diseases Benefits: C121 provides for a higher level of protection: with supplementary or special allowances for disabled persons whose condition requires the constant help or attendance of another person. States should also adopt preventive measures against accidents at work or occupational diseases; provide vocational rehabilitation services and take steps to facilitate proper placement of employees who have been disabled.

21. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Unemployment Unemployment C102 p. IV; C168 and R176 Persons protected who are fit to work and available. For total unemployment (102, 168) and partial unemployment (168). 102 – 50% of employees or all residents whose means do not exceed prescribed limits during the contingency. 168 – 85% of all employees, including public servants and apprentices. R176 – all employees. C.168 – provides protection for the unemployed and establishes principles for encouraging employment.[1]

22. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Unemployment Benefits: Benefits must consist of periodic payments calculated in accordance with prescribed rules. 45% of reference salary (102), or 50% (168). Additional benefits: C168 contains a number of provisions for new jobseekers, whereby States should be aware that there are several categories of persons seeking work who have never been recognized as unemployed or who are no longer employed or who have never belonged to unemployment compensation schemes or have ceased to belong to them.

23. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Unemployment Benefits: The convention establishes that, as a consequence, benefits must be granted to any of these categories, with special attention to young people, persons who are responsible for the care of a relative (child, elderly or sick) and migrants (Article 26). R.176 contains provisions on partial employment, protection of workers who are experiencing difficulties during the waiting period, new jobseekers and part-time workers.

24. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Unemployment Benefits: Duration: C.102 – may be limited to 13 weeks over a 12 month period when members of the referent population are wage earners, and 26 weeks for all residents below a certain income level in a 12 month period without any referent population. For C.168 – 26 weeks (in 12 months), or 39 weeks over a 24 month period. Benefit periods that may be extended if total unemployment persists. There is a possibility of a waiting period at the beginning of the contingency. (7 or 10 days, depending on the circumstances, during which the unemployed person does not receive any benefit.

25. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Unemployment Conditions: A certain qualification period may be required. 168 provides for possible suspension or reduction of the unemployment benefits if the worker receives compensation from the employer. The benefit may be suspended (in whole or in part) if the unemployed person refuses to accept “suitable employment” depending on age, seniority in their profession, experience, length of unemployment and labour market situation. R. 176 (p14) specifies the jobs to which the concept of suitable employment should not be applied.

26. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Difficulties in practical application - Availability of comprehensive statistical data on the scope and amount of benefits. Without such data in sufficient quality and quantity, it is not possible to effectively monitor the degree of compliance with the minimum requirements established in the ratified Conventions. - Re-evaluation of long-term benefits: We do not always have an available method for calculating the re-evaluation or for establishing time intervals for evaluation: both these aspects are essential for monitoring the effectiveness of re-evaluation with regard to inflation processes.

27. International Labour Office Ministry of Employment and Social Affairs of Spain www.oit.org.pe/ssos ILO CONVENTIONS ON SOCIAL SECURITY Difficulties in practical application -Impact of Social Security System Reforms in the 1990s, increasing the role of private institutions to the detriment of the public component. Aspects directly related to requirements laid down in International Labour Standards for long-term benefits, and with benefits defined for the participation of protected persons in the administration of schemes when these are not operated by public entities. Briefly, with regard to requirements of: State Guarantee on benefits Pre-identification of specified substitution/replacement rates in accordance with the qualification periods described (defined benefit). Minimum amount as a percentage (percentage of substitution) and, where appropriate, an absolute minimum subsistence figure. Persistence of benefits throughout the duration of the contingency (IVM). Review according to changes in the cost of living. Benefits must consist of periodic payments calculated in accordance with prescribed rules. The worker’s contributions to the pension system must not exceed 50% of the total of such contributions. [