From designing a law to developing implementation regulations

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From designing a law to developing implementation regulations: Challenges faced by different countries ILO,

From designing a law to developing implementation regulations: Challenges faced by different countries ILO, 2013

Contingencies in the life cycle Maternity Sickness / ill health Families with children Unemployment

Contingencies in the life cycle Maternity Sickness / ill health Families with children Unemployment Invalidity Work injury Death of the breadwinner Old age Involves financial consequences

9 Branches of Convention No. 102 1. Access to medical care 2. Sickness 3.

9 Branches of Convention No. 102 1. Access to medical care 2. Sickness 3. Unemployment 4. Old age benefit 5. Employment injury 6. Family benefit 7. Maternity benefit 8. Invalidity benefit 9. Survivor’s benefit

Sets minimum standards for each contingency • Minimum level of benefits • Minimum coverage

Sets minimum standards for each contingency • Minimum level of benefits • Minimum coverage (in percentage of employees or in percentage of residents) • Conditions for entitlement to benefits • Duration of benefit

Maternity benefit Access to medical care Sickness Employment injury Unemployment Old age benefit Invalidity

Maternity benefit Access to medical care Sickness Employment injury Unemployment Old age benefit Invalidity benefit Survivor’s benefit C. 102 C 183 C 130 C 121 C 168 C 128

Benefit levels in the conventions Convention 102 Conventions 121, 128, 130, 168, 183 Sickness

Benefit levels in the conventions Convention 102 Conventions 121, 128, 130, 168, 183 Sickness benefit 45% 60% Unemployment Benefit 45% 50% Old Age benefit 40% 45% Short term 50% 60% Disability 50% 60% Survivors 45% 50% Maternity Benefit 45% 2/3 of previous earning Invalidity Benefit 40% 50% Survivors’ Benefit 40% 45% Employment Injury Benefit

Applying ILO social security standards • All parameters of the social security schemes for

Applying ILO social security standards • All parameters of the social security schemes for which ILO standards make provision need to be specified in the law • All the overarching principles stated in the Convention need to be given legal effect too • Not only in general legal provisions but also in detailed implementing legislation, establishing administration and financial management, delivery mechanisms, complaints and appeals procedures, enforcement and compliance mechanisms, etc. • But equally important is that the legal provisions must be effectively applied, in practice.

Discussion on challenges in the Real World Situation today: Many of our countries managed

Discussion on challenges in the Real World Situation today: Many of our countries managed to design and pass the Social Security Law, but are facing challenges developing the implementation regulations. Discussion: What are the biggest challenges in developing the implementing regulations? Examples: - The law is too broad (without thinking of the design, no data) - The law is detailed, but not really feasible to implement (no feasibility study, no piloting, lack institutional capacity)