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Standards for the XXIst Century

SOCIAL SECURITY

Standards for the XXIst Century

SOCIAL SECURITY

Martine Humblet & Rosinda Silva

INTERNATIONAL International Labour LABOUR OFFICE Standards Department

Copyright © International Labour Organization 2002

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ISBN 92-2-113471-7

First published 2002

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Preface

The importance of social security in the world is growing,which is not to say that its development in the various States istaking a parallel course. In many emerging nations, social secu-rity systems are still undergoing construction, while in otherssuch as the former socialist States, these systems are being com-pletely restructured in the so-called transformation process. Atthe same time fundamental challenges, posed above all by unem-ployment, population ageing and medical progress in the indus-trialized States, insofar as they have social security systems, makeextensive reforms necessary. International developments high-lighted by globalisation and human mobility have moreovercaused States and nations to move closer together, thus alsobringing an internationalisation of social security in their wake.It is in this scenario that common minimum standards are beingdemanded – not only as a logical conclusion drawn from funda-mental social rights, but also to achieve an approximation ofcompetitive conditions in a global economy.

In this light, the standards set by the International LabourOrganization in the field of social security are accorded mount-ing significance. However, Conventions dealing with social secu-rity issues have so far not experienced the same degree of dis-semination in the ILO Member States as the labour lawConventions. What is more, the strong focus on the core labourstandards could push social security into the background inter-nationally. And that would run counter to the requirements ofsocial progress.

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An extensive investigation into ILO standards on social secu-rity is therefore expedient because standard setting by the Inter-national Labour Organization has progressed, with earlier Con-ventions today no longer conforming to the socio-political realityexperienced in most States. It must therefore be highly welcomedthat officials of the International Labour Office have undertakenthis survey that retraces the development of ILO standards onsocial security and provides a detailed portrayal of the regulatorycontent of the relevant Conventions. It is to be hoped that thisstudy will find a wide circulation and in this way further inten-sify the discussion on social security standards.

Prof. Dr. Bernd Baron von MaydellMember of the Committee of Experts on the

Application of Conventions and Recommendations

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Foreword

This year, the ILO is celebrating the 50th anniversary of theadoption of Convention No. 102 concerning social security (min-imum standards), which marked the advent of modern standardscovering in a global manner the nine branches of social security.

In June 2001, the Conference held a general discussionaimed at defining a vision of social security for the ILO at thedawn of the XXIst century. It concluded that ILO activities in thearea of social security should be anchored in the Declaration ofPhiladelphia, the decent work concept and the relevant standardsin the area. In addition, the Governing Body completed, between1995 and 2002, a review of all ILO standards. In the frameworkof this examination it concluded that Convention No. 102, alongwith the Conventions and Recommendations adopted sub-sequently in the area of social security, were up-to-date andtherefore relevant. However, notably due to the complexity ofthe provisions in these instruments, the Governing Body alsoconsidered that the Office should offer technical assistance tomember States in this area, including through the disseminationof information. The present publication is intended to be the firstresponse to this request. The Office hopes in this way to con-tribute to the efforts aimed at ensuring a better understanding ofILO Conventions and Recommendations on social security, withthe view to strengthening their range and impact.

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Contents

Page

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V

Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

I. Characteristics of social security standards . . . . . . . . . . . . . . 71. Universality and flexibility . . . . . . . . . . . . . . . . . . . . . 7

(a) Ratification. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(b) Scope of the Conventions in terms of the persons protected 8(c) Temporary exceptions for developing countries . . . . . . . 9(d) Method of calculating the rate of cash benefits. . . . . . . . 10

2. Common principles . . . . . . . . . . . . . . . . . . . . . . . . . 11(a) General responsibility of the State. . . . . . . . . . . . . . . 12(b) Participation of insured persons . . . . . . . . . . . . . . . . 12(c) Financing of benefits . . . . . . . . . . . . . . . . . . . . . . 13(d) Other questions . . . . . . . . . . . . . . . . . . . . . . . . . 14

II. Protection afforded in the different branches of social security . . . 171. Medical care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172. Sickness benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . 203. Unemployment benefit . . . . . . . . . . . . . . . . . . . . . . . 214. Old-age benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . 255. Employment injury benefit . . . . . . . . . . . . . . . . . . . . . 286. Family benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327. Maternity benefit . . . . . . . . . . . . . . . . . . . . . . . . . . 338. Invalidity benefit. . . . . . . . . . . . . . . . . . . . . . . . . . . 369. Survivors’ benefit . . . . . . . . . . . . . . . . . . . . . . . . . . 38

III. Social security of migrant workers . . . . . . . . . . . . . . . . . . . 411. Equality of treatment . . . . . . . . . . . . . . . . . . . . . . . . 42

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2. Maintenance of acquired rights and the provision of benefits abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

3. Maintenance of rights in course of acquisition . . . . . . . . . . 444. Applicable legislation . . . . . . . . . . . . . . . . . . . . . . . . 445. Administrative assistance and assistance to persons . . . . . . . 45

Annexes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47Annex 1. Benefits at a glance . . . . . . . . . . . . . . . . . . . . . . . 48Annex 2. List of social security standards. . . . . . . . . . . . . . . . . 61Annex 3. Status of social security standards . . . . . . . . . . . . . . . 62

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1

Introduction

The ILO and social security

The ILO has always attached great importance to socialsecurity, in accordance with the mandate set out in its Constitu-tion, which includes improving conditions of labour, for exam-ple by “the prevention of unemployment, … the protection of theworker against sickness, disease and injury arising out of hisemployment, … provision for old age and injury”. Since its firstsession in 1919, the International Labour Conference has adopted31 Conventions and 23 Recommendations on social security. Aswill be seen, only certain of these instruments are still consideredto be up to date and can therefore be supported by ILO promo-tional activities. The most recent standards in this field wereadopted in June 2000 and cover maternity protection. In general,these standards are traditionally divided into three “generations”corresponding to different approaches.

The first generation standards were mainly based on thenotion of social insurance. They were only applicable to certaincategories of workers and not to the whole of the population.Each instrument covered a specific contingency and, in addition,separate instruments were adopted for certain contingencies indifferent economic sectors (in particular, industry and agriculture).

After the Second World War, the second generation stan-dards were inspired by the broader concept of social securitydeveloped in the Beveridge Report.1 The Declaration of Philadel-

1 This report, published in 1942 at the request of the British Government, proposed a rad-ical reform of social legislation. The new system would not be based on either assistance or social

phia, adopted in 1944, redefined the ILO’s objectives by includ-ing the extension of social security measures to provide a basicincome to all in need of such protection and comprehensivemedical care. This conception also inspired the Conference whenit adopted the Social Security (Minimum Standards) Convention,1952 (No. 102). As indicated by its title, this Convention providesfor a minimum level of benefits in each of the nine branches ofsocial security that it covers. In view of the flexibility clauses inConvention No. 102, this minimum level constitutes an objectivethat the 175 member States of the ILO are called upon to achieve,and even exceed in some cases, irrespective of their level of eco-nomic development.

The instruments adopted subsequently constitute the thirdgeneration standards. They are drawn up on the model of Con-vention No. 102, although offering a higher level of protection interms of the population covered and the level of benefits.

It should be emphasized from the outset that ILO socialsecurity standards have had an important impact outside theOrganization. For example, the European Social Charter providesthat the Contracting Parties undertake to maintain a level of pro-tection at least equal to that required for the ratification of Con-vention No. 102. Moreover, the European Code of Social Secu-rity, adopted under the auspices of the Council of Europe withthe collaboration of the ILO, reproduces the substantive provi-sions of Convention No. 102, except for those respecting equal-ity of treatment.

Outcome of the general discussionon social security

In June 2001, the Conference held a general discussion onsocial security or, in other terms, a very broad tripartite debatewith the objective of establishing an ILO vision of social securitythat, while continuing to be rooted in the basic principles of the

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insurance exclusively covering employees. It would take the form of a universal and uniformsystem of social benefits financed through contributions and unified through a single public ser-vice placed under the direct authority of the Government.

Continued from note 1

ILO, would respond to the challenges that are arising in this field.The conclusions of the discussion recall, as does the UniversalDeclaration of Human Rights, adopted 50 years earlier, that socialsecurity is a basic human right. As a fundamental instrument ofsocial cohesion, it thereby helps to ensure social peace and inclu-sion. In general terms, ILO activities in the field of social securityshould be anchored in the Declaration of Philadelphia, the con-cept of decent work and relevant ILO social security standards.

The conclusions adopted by the Conference also emphasizea number of essential points. If properly managed, social secu-rity enhances productivity by providing health care, income secu-rity and social services. On the issue of management, they recallthat, while there is no single right model of social security admin-istration, the good governance of schemes is essential for theirsuccess. However, the establishment of systems based on indi-vidual savings accounts should not weaken solidarity systems,which share risks between all insured persons. In general, thesocial partners have a crucial role to play in this field.

The Conference also emphasized that the extension ofsocial security coverage to those who are not yet protectedshould be given the highest priority and that the major challengein this respect is the existence of the informal economy. Eachcountry should determine a national strategy on this subject, whichshould be closely linked to its employment and social policies.In this regard, social dialogue is required to ensure the effective-ness of initiatives to establish or extend social security coverage.

Social security systems should also respect and promote theprinciple of gender equality, which implies in particular theadoption of measures to ensure equitable outcomes for womenproviding unpaid care to family members.

In many countries, the ageing of the population constitutesa challenge in terms of the cost of health-care and retirementschemes, whether they are financed through funded or pay-as-you-go systems. Responses to this challenge need to be based onthe promotion of sustainable economic growth, with a view tothe inclusion of a broader section of the population in produc-tive employment: for persons of working age, the best means ofobtaining stable income is to gain access to decent work. Othercountries are experiencing substantial difficulties in view of the

Introduction

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very serious consequences of the HIV/AIDS pandemic on thefinancing of social security. The Conference emphasized that thissituation requires an intensification of ILO technical assistance tothe developing countries concerned.

The up-to-date standards

Some of the social security standards adopted by the Con-ference were intended to address major concerns at the time oftheir adoption, but do not necessarily still correspond to the cur-rent needs of the international community. With a view tostrengthening the relevance, coherence and impact of its stan-dards system, the ILO therefore embarked upon an importantprocess of the detailed examination on a case-by-case basis of allof its Conventions and Recommendations. A tripartite workingparty was established for this purpose by the Governing Body in1995. The working party completed its work in 2002 and exam-ined several important social security instruments. This examina-tion and the decisions taken by the Governing Body on this basishave shown that, of the 184 international labour Conventions and194 Recommendations, a total of 71 Conventions and 73 Recom-mendations remain up to date and should be promoted on a pri-ority basis. This examination was particularly important withregard to social security since, as noted above, the Conferenceconcluded in June 2001 that ILO activities in this field should berooted in the relevant ILO standards.

The up-to-date standards for each of the nine branches ofsocial security are as follows:

Social security branches Second generation standards: Third generation standardsConvention No. 102 (1952)

Medical care Part II Convention No. 130 (1969)Sickness benefit Part III Convention No. 130 (1969)Unemployment benefit Part IV Convention No. 168 (1988)Old-age benefit Part V Convention No. 128 (1967)Employment injury benefit Part VI Convention No. 121 (1964)Family benefit Part VII –Maternity benefit Part VIII Convention No. 183 (2000)Invalidity benefit Part IX Convention No. 128 (1967)Survivors’ benefit Part X Convention No. 128 (1967)

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Moreover, certain ILO instruments specifically cover theissue of the social security of migrant workers. The up-to-datestandards in this field are Part XII (Equality of treatment) of Con-vention No. 102, as well as the Equality of Treatment (SocialSecurity) Convention, 1962 (No. 118), and the Maintenance ofSocial Security Rights Convention, 1982 (No. 157), which will beexamined below. Annex 3 to this paper contains an overview ofthe decisions taken by the Governing Body in the field of socialsecurity.

Before examining the protection afforded by the ILO’s socialsecurity instruments, a description is provided of their principalcharacteristics.

Introduction

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I.Characteristics of social security standards

1. Universality and flexibility

(a) Ratification

International labour standards are by nature universal intheir vocation. They are intended to be applied by the 175member States of the ILO, irrespective of their legal system ortheir level of economic development. It should also be recalledthat ILO Conventions are international treaties of a specificnature. They are adopted by the Conference, which is composedof representatives of the governments of member States, as wellas representatives of workers and employers. A governmentcannot therefore unilaterally decide to make reservations whenratifying an instrument, as this would go against the principle oftripartism. Nevertheless, most Conventions contain a number offlexibility clauses in order to facilitate their ratification. The bal-ance between universality and flexibility is difficult to attain andconsists of endeavouring not to adopt standards which are toohigh, and which cannot therefore be applied in most memberStates, or inadequate standards, which would only serve to endorsethe lowest common denominator in the various countries.

As emphasized by the Committee of Experts on the Appli-cation of Conventions and Recommendations, the body respon-sible for supervising the application of these standards, ILO socialsecurity Conventions offer perhaps the largest set of options andflexibility clauses allowing for the goal of universal coverage tobe attained gradually and in step with the economic develop-ment of member States.

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As a result, various social security Conventions contain sev-eral parts, of which only certain have to be accepted at the timeof ratification. This is the case of Convention No. 102, which iscomposed of common parts and nine other parts correspondingto the nine branches of social security referred to above. In addi-tion to the common provisions, a State which ratifies ConventionNo. 102 has to accept at least three of these nine parts, includingat least one of the following five: unemployment, old age,employment injury, invalidity and survivors. Any State party tothe Convention may subsequently notify the ILO that it acceptsone or more additional parts of the Convention. This flexibility isalso found in Convention No. 118 and the Invalidity, Old-Ageand Survivors’ Benefits Convention, 1967 (No. 128). A State whichratifies Convention No. 118 may, for example, limit its commit-ments to only one of the nine parts, which each corresponds toone of the nine branches of social security. In the case of Con-vention No. 128, the State has to accept as a minimum one of thethree parts corresponding to old-age, invalidity and survivors’benefit. These flexibility clauses therefore allow the progressiveextension of protection in line with the development of thenational legislation and capacity to implement the Convention.

(b) Scope of the Conventions in termsof the persons protected

Both Convention No. 102 and the Conventions adopted sub-sequently authorize the exclusion from their scope of applicationof particular categories of occupations, namely:

� The Employment Injury Benefits Convention, 1964 (No. 121),the Invalidity, Old-Age and Survivors’ Benefits Convention,1967 (No. 128), and the Medical Care and Sickness BenefitsConvention, 1969 (No. 130), allow the exclusion of seafar-ers, including seafishermen. Convention No. 102 does notapply to seafarers or seafishermen, even without the coun-try concerned making a specific exclusion, due to the factthat instruments specifically covering the social security ofthese categories of workers were adopted in 19461 ;

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1 Notably the Social Security (Seafarers) Convention, 1946 (No. 70), and the Seafarers’ Pen-sions Convention, 1946 (No. 71).

� public servants may be excluded from the application ofConventions Nos. 121, 128 and 130 where they are pro-tected by special schemes which provide benefits at leastequivalent to those required by the above Conventions. TheEmployment Promotion and Protection against Unemploy-ment Convention, 1988 (No. 168) only allows the exclusionof public employees where their employment up to anormal retirement age is guaranteed by national laws or reg-ulations;

� persons performing casual work, members of the employer’sfamily living in his house in respect of their work for him,and other categories of employees, which must not exceedin number 10 per cent of all employees, may be excludedfrom the application of Conventions Nos. 121, 128 and 130.Convention No. 121 also provides for the possibility ofexcluding “out-workers” (in the sense of homeworkers) ;

� Conventions Nos. 128 and 130 also authorize States whoselegislation protects employees to temporarily exclude fromtheir application agricultural employees under certain con-ditions;

� The Maternity Protection Convention, 2000 (No. 183) per-mits, after consulting the representative organizations ofemployers and workers concerned, the exclusion wholly orpartly from the scope of the Convention of limited cate-gories of workers when its application to them would raisespecial problems of a substantial nature.

The possibilities offered by these flexibility clauses for thedetermination of the categories of persons protected should beborne in mind in relation to the explanations provided belowconcerning the various branches of social security. The sameapplies to the temporary exceptions of which developing coun-tries may avail themselves in order to facilitate the ratification ofILO Conventions. These exceptions are described below.

(c) Temporary exceptions for developing countries

Countries whose economy and/or medical facilities areinsufficiently developed, and which make a declaration to thiseffect when ratifying the instrument, may cover a smaller number

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of persons protected. For example, Convention No. 102 allowscountries benefiting from such exceptions to determine the per-sons protected with reference only to the numbers of employeesin industrial workplaces of a certain importance. This makes thestandard more easily accessible to less industrialized countriessince, on the one hand, they have few industrial enterprises and,on the other hand, only those of a certain size are taken intoaccount in determining the number of persons to be protected.Furthermore, these temporary exceptions may allow a State partyto provide benefits of a lower level or for a shorter period in cer-tain branches. It should be emphasized that the exceptions envis-aged for developing countries are of a temporary nature and thatStates availing themselves of these exceptions must report regu-larly on whether the reasons for their decision still exist orwhether they give up the right to avail themselves of the excep-tion in question.

(d) Method of calculating the rate of cash benefits

It should first be emphasized that the minimum rate of ben-efit is defined for any given State in relation to the wages in thatcountry. The provisions of the Conventions therefore take intoaccount differences in levels of economic development inmember States.

Moreover, the Conventions provide States with a choice ofthree formulae to determine whether the benefits provided bynational legislation reach the levels set out in the instruments. 2

These formulae take account of the methods of calculation thatare used most often in practice.

� The first method consists of setting the minimum rate ofbenefit at a certain percentage of the previous earnings ofthe beneficiary or breadwinner, with the possibility of set-ting a maximum limit for the rate of the benefit or the earn-ings taken into account. This percentage has to be attainedwherever the previous earnings of the beneficiary or bread-winner are equal to or lower than the wage of a skilledmanual male employee.

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2 Under Convention No. 102, these formulae are valid for all branches of social security,with the exception of family benefit. Of the third generation instruments, only ConventionsNos. 168 and 183 contain other specific rules.

� Under the second method, benefit is set at a flat rate or mustinclude a minimum amount determined in relation to thewage of an ordinary adult male labourer.

� Finally, the third method consists of fixing the rate of bene-fit according to a prescribed scale which may depend on thelevel of the other resources of the beneficiary’s family. Inthis case, the rate should not be less than that resulting fromthe previous method. This latter method can, however, onlybe applied in systems that cover all residents.

Irrespective of the method chosen, the rate of the benefit fora “standard beneficiary” must attain a certain percentage of thereference wage. The standard beneficiary is defined in a specificmanner for each contingency and serves solely as a reference forcomparison between the rate of benefit provided for by nationallegislation and the requirements of the Conventions. States arepermitted to choose their own rules and methods for calculatingthe rate of benefit, provided only that the resulting rate is at leastequal to that laid down in the instruments.

2. Common principles

Both Convention No. 102 and most of the Conventionsadopted subsequently are drawn up so as to leave great flexibil-ity to member States in the method of organizing the schemesproviding benefits. However, these instruments set forth basicprinciples concerning the organization and administration ofsocial security institutions, which have to be complied with irre-spective of the type of scheme established. This has beenrecalled by the Committee of Experts which, when called uponto examine the compatibility of a private pensions system withConvention No. 102, considered that the coexistence within asocial security system of both a public and a private scheme isnot in itself incompatible with the Convention, since this instru-ment allows the minimum level of social security to be main-tained through various methods, subject to compliance with thefundamental principles of organization and management onwhich the structure of social security schemes must continue tobe based. The flexibility afforded in the methods of protectionused is therefore accompanied by very clear rules relating to the


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organization and administration of schemes providing benefits.These rules of “good governance” concern, among other matters,the responsibility which in the last resort rests with the State, thevarious interests to be represented in the administration of thesystem and the financing of benefits.

(a) General responsibility of the State

The general responsibility of the State for the proper admin-istration of social security institutions is one of the rules set forthin both Convention No. 102 and the Conventions adopted sub-sequently. 3 Irrespective of the administrative system chosen, theState has to take general responsibility for the proper adminis-tration of the institutions and services concerned in securing theprotection envisaged in the Conventions.

The responsibility of the State also covers the provision ofbenefits. Irrespective of the method of financing adopted, thecompetent authorities are under the obligation to take all the nec-essary measures to ensure that benefits are duly provided. Con-vention No. 102 indicates in this respect that the State shallensure, where appropriate, that the necessary actuarial studiesand calculations concerning financial equilibrium are made peri-odically and, in any event, prior to any change in benefits, therate of insurance contributions or the taxes allocated to cover thecontingencies. The State’s supervisory or monitoring powersshould not, however, allow it to use the assets of its social secu-rity system for such purposes as making up for a deficit in itsbudget, which could cause insured persons to lose confidence inthe institutions responsible for their protection. The provisionsconcerning the participation of insured persons are also impor-tant in this respect.

(b) Participation of insured persons

The ILO’s concern not to impose a single form of organiza-tion was accompanied by the desire to take into account the var-ious interests which should be represented in the administrationof social security systems, and particularly those of the persons

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3 Convention No. 183, on maternity protection, does not contain a provision to this effect.

protected. Where the administration is not entrusted to an insti-tution regulated by the public authorities or to a governmentdepartment responsible to a legislature, the representatives of thepersons protected must participate in its management or be asso-ciated therewith in a consultative capacity. Moreover, nationallaws or regulations may, or “shall” under certain Conventions,envisage the participation of representatives of employers and ofthe public authorities.

(c) Financing of benefits

Convention No. 102 confines itself to setting forth principlesconcerning the financial guarantees of social security systems.The cost of the benefits envisaged by the Convention and thecost of the administration of such benefits must be borne collec-tively by way of insurance contributions or taxation, or both. TheConvention also contains certain provisions relating to the shar-ing of the financial burden. In general, the methods of financingmust avoid hardship to persons with meagre resources and takeinto account the economic situation of the country and of thepersons protected. In the particular case of contributory schemes,it is specified that the total of the insurance contributions borneby the employees protected must not exceed 50 per cent of thetotal of the financial resources allocated for protection.

Conventions Nos. 121, 128, 130 and 168 do not contain pro-visions on the financing of benefits. States therefore retain abroad margin for manoeuvre in this respect. However, the ques-tion of the method of financing is of particular importance in rela-tion to maternity protection Conventions. Traditionally, theseConventions have always contained provisions on this subject,on the one hand referring to insurance systems or financing frompublic funds and, on the other hand, setting forth the principleof the non-responsibility of employers in relation to the cost ofbenefits. The intent is to prevent maternity protection measuresmaking the employment of women more expensive for employ-ers, thereby leading to the recruitment of fewer women workers.This concern is found in Convention No. 183, which providesthat, in order to protect the situation of women in the labourmarket, benefits are to be provided through compulsory socialinsurance or public funds, or in a manner determined by national


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law and practice. There are, however, three exceptions to thisprinciple. An employer may therefore be liable to the cost ofmaternity cash benefits where that employer specifically agreesto do so; where such liability was provided for in national law orpractice prior to the date of adoption of the Convention; orwhere such liability is subsequently agreed upon by the govern-ment and the representative organizations of employers andworkers.

(d) Other questions

Two other points should be examined in this context,namely the right of appeal of claimants and the rules concerningthe suspension of benefit.

� Right of appeal of claimants

The right of appeal in the event of the refusal of a benefitor of complaints as to its quality or quantity is a principle that isrecognized by Convention No. 102 and the Conventions adoptedsubsequently. However, these instruments do not specify thechannels of appeal which must be made available. The prepara-tory work for the adoption of Conventions Nos. 121 and 128nevertheless provides indications as to the nature of this right.For example, it was stated that, according to the current inter-pretation, the right of appeal relates to a decision which wouldhave been final if this right had not existed. Furthermore, theconcept of recourse implies that the matter must be determinedby an authority that is independent of the administrative author-ity which made the first decision. The mere right to request re-examination of the matter by this authority is not sufficient toconstitute an appeal procedure. Furthermore, Conventions Nos.128 and 168 provide that procedures must be prescribed whichpermit the claimant to be represented or assisted by a qualifiedperson of his or her choice or by a delegate of an organizationrepresentative of the persons protected.

� Suspension of benefit

Convention No. 102 and the Conventions adopted subse-quently envisage a number of cases in which the benefit to whicha person protected would be entitled may be suspended. Thesecases may be grouped into three types: the absence of the person

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concerned from the territory of the State in which entitlement tothe benefit has been acquired; situations in which the personconcerned is maintained at public expense, or at the expense ofa social security institution or service, or is in receipt of otherbenefits or indemnities; and, finally, a number of cases related tothe personal conduct of the beneficiary. The latter categoryincludes a fraudulent claim, cases where the contingency hasbeen caused by a criminal offence or the wilful misconduct ofthe person concerned, or failure to make use of the appropriateservices (such as medical services or employment, vocationalguidance and training services). It should nevertheless be empha-sized that Conventions Nos. 121, 128 and 130 provide that, in cer-tain cases of suspension, part of the cash benefit otherwise duemust be paid to the dependants of the person concerned.

There are other cases of suspension which are specific tothe contingency of unemployment. For example, unemploymentbenefit may be refused, withdrawn or suspended where theperson concerned has deliberately contributed to his or her owndismissal, or has left employment voluntarily without just cause.

An overview is provided below of the protection guaranteedin the various branches of social security and the principalprovisions of the instruments on the social security of migrantworkers.


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II.Protection afforded in the different branches

of social security

The protection afforded in the nine branches of social secu-rity is now examined in the order that they appear in ConventionNo. 102. For each of these branches, a definition is provided ofthe contingency covered or, in other words, the risk confrontingthe person protected; the scope of the instrument in terms of thepersons protected, that is the persons who are to receive the ben-efits guaranteed by the instruments; and the extent of the bene-fits guaranteed and the qualifying conditions for their provision.In addition, in order to provide an overview of the protectionafforded by the ILO’s social security instruments, Annex 1 con-tains comparative tables of the benefits envisaged in each of thebranches.

1. Medical care

Convention No. 102, Part II; Convention No. 130and Recommendation No. 134

Definition of the contingency

The contingency covered includes any morbid condition,whatever its cause, and the medical care required as a result.Convention No. 102 also covers the medical care necessitated bypregnancy, confinement and their consequences. In addition, theState has to secure to the persons protected medical care of a

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• prescribed classes of employees,constituting not less than 50 percent of all employees, and also theirwives and children; or

• prescribed classes of theeconomically active population,constituting not less than 20 percent of all residents, and also theirwives and children; or

• not less than 50 per cent of allresidents.

• all employees, includingapprentices, and their wives andchildren; or

• prescribed classes of theeconomically active population,constituting not less than 75 percent of the whole economicallyactive population, including theirwives and children; or

• not less than 75 per cent of allresidents.

preventive nature. Generally speaking, medical care has to beafforded with a view to maintaining, restoring or improving thehealth of the persons protected and their ability to work and toattend to their personal needs.

Persons protected

Contrary to the first generation standards, the personal cov-erage of Conventions Nos. 102 and 130 is defined not in relationto branches of economic activity (industry, services, etc.) and thelegal status of persons employed in these branches, but in amuch more flexible way based on quantitative criteria. The Statehas to protect a certain proportion of persons in a specific group.It can choose one of the three methods proposed for the identi-fication of the persons protected. The latter must include:

Convention No. 102 Convention No. 130

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18

Recommendation No. 134 advocates the extension of med-ical care by stages to all economically active persons and to allresidents.

Benefits

Under Convention No. 102, the persons protected mustenjoy the following benefits in the case of sickness: generalpractitioner care, including domiciliary visiting; specialist care;

pharmaceutical supplies; and hospitalization where necessary. Inaddition to the above care, Convention No. 130 provides fordental care and medical rehabilitation, including the supply,maintenance and renewal of prosthetic and orthopaedic appli-ances. In accordance with Recommendation No. 134, medicalcare should also include the supply of medical aids, such as eye-glasses, and services for convalescence.

The above two Conventions admit that beneficiaries may berequired to share in the cost of the medical care received. How-ever, such cost-sharing must not result in hardship nor, accord-ing to Convention No. 130, prejudice the effectiveness of med-ical and social protection.

Qualifying conditions

Entitlement to benefit may be made subject to the comple-tion of a qualifying period as may be considered necessary topreclude abuse. The qualifying period may consist of a period ofcontribution, a period of employment, a period of residence ora combination of such periods.1 It should, however, be noted thatRecommendation No. 134 advocates that the right to medical careshould not be made subject to a qualifying period.

Once entitlement to benefits has been acquired, medicalcare must be granted throughout the contingency. ConventionNo. 102 nevertheless authorizes States to limit the duration of thebenefit to 26 weeks in each case, or 13 weeks in the case ofcountries whose economy and medical facilities are insufficientlydeveloped. Under Convention No. 130, a limitation to 26 weeksis only authorized where the beneficiary ceases to belong tothe categories of persons protected and the sickness startedwhile the beneficiary still belonged to such categories. BothConventions provide that medical care may not be suspendedwhile the beneficiary continues to receive a sickness benefit andthat the period for which care is provided must be extended fordiseases recognized as entailing prolonged care.

Protection afforded in the different branches of social security

19

1 This definition of the qualifying period covers all contingencies.

• prescribed classes of employees,constituting not less than 50 percent of all employees; or

• prescribed classes of theeconomically active population,constituting not less than 20 percent of all residents ; or

• all residents whose means duringthe contingency do not exceedprescribed limits.

• all employees, includingapprentices; or

• prescribed classes of theeconomically active population,constituting not less than 75 percent of the whole economicallyactive population; or

• all residents whose means duringthe contingency do not exceedcertain limits.

2. Sickness benefit

Convention No. 102, Part III; Convention No. 130and Recommendation No. 134


The contingency covered includes incapacity for workresulting from a morbid condition and involving suspension ofearnings. Recommendation No. 134 also advocates the grantingof cash benefit in cases where absence from work is justified,among other reasons, by the beneficiary being placed undermedical supervision for the purpose of rehabilitation or conva-lescent leave.

Persons protected

The persons protected must comprise:


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20

Recommendation No. 134 advocates the progressive extensionof the right to sickness benefit to all economically active persons.

Benefits

Convention No. 102 and the Conventions adopted subse-quently define the minimum level of cash benefit to be paid topersons protected. This constitutes progress in relation to the first

generation Conventions, which recognized the right to benefits,without specifying their amount. In the case of sickness benefit,the level of the periodical payments2 for a standard beneficiary(man with wife and two children) must correspond to 45 per centof the reference wage or earnings in the case of Convention No.102, while under Convention No. 130 this level must correspondto at least 60 per cent of the reference wage.

Convention No. 130 also provides that, in the case of thedeath of a beneficiary of sickness benefit, a funeral benefit shallbe paid to the survivors or to the person who has borne theexpense of the funeral.


Entitlement to sickness benefit may be made subject to thecompletion of a qualifying period. Once this requirement hasbeen met, the benefit must be granted throughout the contin-gency. However, Convention No. 102 authorizes the limitation ofthe duration of the benefit to 26 weeks in each case of sicknessand states that it need not be paid for the first three days of sus-pension of earnings. Under the terms of Convention No. 130, thegrant of the benefit may be limited to not less than 52 weeks,with the same waiting period of three days.

States whose economy and medical facilities are insuffi-ciently developed may reduce the minimum duration of the pro-vision of benefit in each case of sickness to 13 weeks under Con-vention No. 102 and to 26 weeks under Convention No. 130.

3. Unemployment benefit

Convention No. 102, Part IV; Convention No. 168and Recommendation No. 176


The contingency covered by these instruments includes sus-pension or loss of earnings due to inability to obtain suitable


21

2 The method of calculating the minimum rate of such periodical payments is describedabove.

employment in the case of a person protected who is capable ofand available for work. Convention No. 168 explicitly providesthat the person must be actually seeking work.

Convention No. 102 focuses on full unemployment. How-ever, Convention No. 168 provides that States must, on the onehand, endeavour to extend protection to loss of earnings due topartial unemployment and the suspension or reduction of earn-ings due to a temporary suspension of work and, on the otherhand, provide for the payment of benefits to part-time workerswho are actually seeking full-time work. States in which the lim-ited scope of the social security system so warrants may benefitfrom exceptions allowing them, inter alia, to defer the imple-mentation of these measures. Moreover, the Convention containsa series of provisions for new applicants for employment underwhich States must take account of the existence of many cate-gories of persons seeking work who have never been, or haveceased to be recognized as unemployed or have never been, orhave ceased to be covered by schemes for the protection of theunemployed. The Convention consequently requires the provi-sion of social benefits to certain of these categories of persons. 3

It should be noted that Convention No. 168 is not solelyintended to protect unemployed persons, but also to promoteemployment. States ratifying the Convention undertake to adoptappropriate steps to coordinate their system of protection againstunemployment and their employment policy. The system of pro-tection against unemployment, and in particular the methods ofproviding unemployment benefit, have to contribute to the pro-motion of full, productive and freely chosen employment andmust not be such as to discourage employers from offering andworkers from seeking productive employment. Part II of the Con-vention contains a series of provisions relating to the promotionof productive employment and refers notably to the HumanResources Development Convention (No. 142), 1975, and theEmployment Policy (Supplementary Provisions) Recommenda-tion, 1984 (No. 169).

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3 Social benefits have to be provided for at least three of the ten categories of personsmentioned in the Convention, including young persons who have completed their vocationaltraining or their studies; persons after a period devoted to bringing up a child or caring for some-one who is sick, disabled or elderly; and, under certain conditions, migrant workers on theirreturn to their home country.



• prescribed classes of employees,constituting not less than 85 percent of all employees, includingpublic employees and apprentices; or

• all residents whose resourcesduring the contingency do notexceed prescribed limits. 4

Persons protected




23

Recommendation No. 176 encourages States to extend pro-gressively the application of the legislation concerning unem-ployment benefit to cover all employees.

Benefits

Pursuant to Convention No. 102, the benefit must be a peri-odical payment, the amount of which, for a standard beneficiary(man with wife and two children), must attain 45 per cent of thereference wage. In the case of Convention No. 168, this rate is 50per cent of the reference wage. These percentages apply in casesof full unemployment and, under Convention No. 168, suspen-sion of earnings due to a temporary suspension of work withoutany break in the employment relationship. In the case of coun-tries benefiting from temporary exceptions, Convention No. 168authorizes a rate of 45 per cent of the reference wage.

Recommendation No. 176 also contains detailed provisionsrespecting, among other matters, partial unemployment, theprotection of workers who are experiencing hardship during awaiting period, new applicants for employment and part-timeworkers.

4 By virtue of the provisions of the Convention on methods of protection.


Entitlement to unemployment benefit may be made subjectto the completion of a qualifying period. However, such qualify-ing period must not exceed the duration considered necessary topreclude abuse.

Furthermore, unemployment benefit need not be paid for awaiting period, the duration of which must not exceed sevendays in each case of suspension of earnings. However, Conven-tion No. 168 authorizes a waiting period of ten days in the caseof countries benefiting from temporary exceptions. Moreover,both Convention No. 102 and Convention No. 168 provide, in thecase of seasonal workers, that the waiting period may be adaptedto their occupational circumstances.

Once entitlement to benefit has been recognized, the unem-ployment benefit has to be granted to the person protectedthroughout the contingency. Nevertheless, under ConventionNo. 102, where classes of employees are protected, the durationof the benefit may be limited to 13 weeks within a period of12 months. Where the protection covers all residents whosemeans during the contingency do not exceed prescribed limits,this duration may be limited to 26 weeks within a period of12 months. In the case of Convention No. 168, the initial dura-tion of payment of the benefit may be limited to 26 weeks ineach spell of unemployment, or to 39 weeks over any period of24 months. Convention No. 168 authorizes States benefiting fromtemporary exceptions to limit the duration of payment of bene-fit to 13 weeks over any period of 12 months.

It should be noted that, in the case of the continuation offull unemployment for longer than this initial duration of thepayment of the benefit, Convention No. 168 provides for the pay-ment of benefit for a subsequent period, the duration of whichmay be limited. Moreover, the rate of such benefit may be cal-culated in the light of the resources of the beneficiary and his orher family.

Finally, it should be noted that, where protected personshave received severance pay directly from their employer or fromany other source, Convention No. 168 permits the suspension ofthe unemployment benefit to which they would be entitled or

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the reduction of the severance pay as a function of the totalamount of the unemployment benefit. The Convention alsopermits the refusal, withdrawal, suspension or reduction of thebenefit if the person concerned refuses to accept suitableemployment. The Convention enumerates a number of elementswhich must be taken into account in assessing the suitability ofemployment, including the age of unemployed persons, theirlength of service in their former occupation, their acquired expe-rience, the length of their period of unemployment and thelabour market situation. Recommendation No. 176 indicates thetypes of employment to which the concept of suitable employ-ment should not be applied, and particularly employment involv-ing a change of occupation which does not take into account thequalifications and work experience of the person concerned. Theconcept of suitable employment is not developed as such in Con-vention No. 102. However, it is found in the definition of the con-tingency, and benefit may therefore be suspended in the eventof refusal to accept such employment.

4. Old-age benefit

Convention No. 102, Part V; Convention No. 128and Recommendation No. 131


The contingency covered is survival beyond a prescribedage. Both for Convention No. 102 and Convention No. 128, thisage should not normally be more than 65 years.

However, the instruments allow a higher age to be fixed forcertain specific reasons. In the case of Convention No. 102, theseconsist of taking into account the working ability of elderly per-sons and, for Convention No. 128, demographic, economic andsocial criteria, demonstrated statistically. Exceptions thereforehave to be based on objective criteria demonstrated by statisticscovering, for example, life expectancy and the activity rate ofelderly persons.

Moreover, where the prescribed age is 65 years or higher,Convention No. 128 provides that this age shall be lowered


25





• prescribed classes of theeconomically active population,constituting not less than 75 percent of the whole economicallyactive population; or

• all residents or residents whosemeans during the contingency donot exceed certain limits.

in respect of persons who have been engaged in occupationsthat are deemed to be arduous or unhealthy. RecommendationNo 131 also advocates the lowering of the pensionable age inrespect of categories of persons for which such a measure is jus-tified on social grounds.

Persons protected



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Recommendation No. 131 calls for the extension by stagesof coverage of old-age benefits to persons whose employment isof a casual nature and to all economically active persons.

Benefits

The objective of the relevant provisions of ConventionsNos. 102 and 128 is to guarantee protected persons who havereached a certain age the means of a decent standard of living forthe rest of their life. These instruments accordingly envisage thepayment of benefit in the form of periodical payments through-out the contingency, that is until the death of the beneficiary.

The level of benefit must attain, for a standard beneficiary(a man with a wife and who has reached pensionable age) aftercompletion of the maximum qualifying period, 40 per cent of thereference wage, under the terms of Convention No. 102. This

percentage is raised to 45 per cent by Convention No. 128,5 and55 per cent by Recommendation No. 131. The Recommendationalso indicates that national legislation should fix minimumamounts of old-age benefit so as to ensure a minimum standardof living and that the level of the benefit should be increased incertain circumstances, and particularly for beneficiaries requiringthe constant help of another person.

The maintenance of the purchasing power of pensions is aproblem that has to be faced by social security systems. Pen-sioners are particularly vulnerable to the risks of inflation, espe-cially where the pension is their main, if not their only source ofincome. The adjustment of long-term benefits therefore appearsto be necessary in order to take into account changes in the costof living and prevent the loss of the real value of pensions. Con-ventions Nos. 102 and 128 consequently set forth the principle ofadjusting the rates of benefit following substantial changes in thegeneral level of earnings or the cost of living. However, theseinstruments confine themselves to establishing the principle,while leaving it to States to determine how this is to be giveneffect (methods and periodicity of adjustments).

Qualifying conditionsPersons protected have to fulfil two conditions to receive

old-age benefit: the first, which has already been mentionedabove, is related to the pensionable age; and the second to thecompletion of a qualifying period.

With regard to the qualifying period, a distinction shouldbe made between two points. In the first place, ConventionsNos. 102 and 128 refer to a maximum qualifying period whichmay be required to obtain benefits of the minimum level pre-scribed by these Conventions. This qualifying period consists ofa period of contribution or of employment which may notexceed 30 years,6 or a period of residence which may not exceed20 years. Moreover, these Conventions also envisage a minimum


27

5 These percentages may be decreased by up to ten points where benefit is secured to atleast any person protected who has completed a qualifying period of not more than ten years ofemployment or contribution, or five years of residence.

6 More flexible conditions are envisaged by the two instruments where all of the eco-nomically active population is protected.

qualifying period which may be prescribed to acquire entitlementto benefit. Where the grant of old-age benefit is subject to the com-pletion of a minimum period of contribution or employment, areduced benefit must be secured for protected persons who havecompleted a qualifying period of 15 years of contribution oremployment. In this respect, the Conventions leave it to nationallegislation to determine the conditions under which the qualify-ing period is to be completed, provided that it does not exceedthe durations indicated above.

5. Employment injury benefit

Convention No. 102, Part VI ; Convention No. 121and Recommendation No. 121


The contingency covered by these instruments includes: amorbid condition, incapacity for work, invalidity or a loss of facultydue to an industrial accident or a prescribed occupational disease.

The contingency also includes loss of support as a result ofthe death of the breadwinner following employment injury.Under Convention No. 102, the beneficiaries are the widow orchildren. In the case of Convention No. 121, they are prescribedcategories of beneficiaries, namely: a widow, as prescribed, or adisabled and dependent widower; dependent children of thedeceased and any other person prescribed by the legislation(generally parents, grandparents, etc.).

Convention No. 121 places the obligation upon States toprescribe a definition of “industrial accident”, including the con-ditions under which a commuting accident is considered to bean industrial accident. With regard to the concept of occupationaldisease, Convention No. 121 offers States three options: to pre-scribe in their legislation a list of diseases, comprising at least thediseases enumerated in Schedule I to the Convention, which areto be regarded as occupational diseases; to include in its legisla-tion a general definition of occupational diseases broad enoughto cover at least the diseases enumerated in Schedule I to theConvention; or, finally, to prescribe a list of diseases in its legis-lation, supplemented by a general definition of occupational dis-

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28

eases. In its left-hand column, Schedule I to the Conventionidentifies 29 categories of occupational diseases and, in its right-hand column, the types of work involving exposure to the risk.This Schedule initially included 15 categories of occupationaldiseases, but was updated in 1980. 7 Protected persons who arevictims of one of these diseases and employed in work involvingexposure to the corresponding risk benefit from the presumptionof the occupational origin of the disease.

Recommendation No. 121 indicates the cases in which acci-dents should be considered by national legislation as industrialaccidents, as well as the conditions under which the occupationalorigin of the disease should be presumed.

Persons protected

Convention No. 102 and Convention No. 121 refer toemployees in defining the persons protected. Under ConventionNo. 102, the persons protected must comprise prescribed classesof employees constituting not less than 50 per cent of all employ-ees. The scope of Convention No. 121 is broader, since it envis-ages that all employees, including apprentices in the public andprivate sector, and in cooperatives, are to be protected.

Recommendation No. 121 calls for the progressive extensionof the application of legislation providing for employment injurybenefits to any categories of employees which may have beenexcluded. It also recommends States to secure the provision ofbenefits, if necessary through voluntary insurance, to prescribedcategories of self-employed persons and certain categories ofpersons working without pay.

Benefits

The benefits envisaged by Conventions Nos. 102 and 121are of three types: medical care; cash benefits in the event ofincapacity for work and loss of earning capacity (invalidity); and,


29

7 It should be noted in this respect that in June 2002 the Conference adopted the List ofOccupational Diseases Recommendation (No. 194). This Recommendation calls upon memberStates to establish a national list of occupational diseases for the purposes of prevention, record-ing, notification and compensation, which should include at least those in the Schedule toConvention No. 121 and, to the extent possible, other diseases contained in the list annexed to theRecommendation. This latter list, as well as the national list, should be periodically reviewed andupdated.

where appropriate, cash benefits in the event of the death of thebreadwinner.

Medical care has to be afforded with a view to maintaining,restoring or improving the health of the persons protected andtheir ability to work and to attend to their personal needs. Thecare must comprise: general practitioner and specialist in-patientcare and out-patient care, including domiciliary visiting; dentalcare; nursing care at home or in hospital or other medical insti-tutions; maintenance in hospitals, convalescent homes, sanatoriaor other medical institutions; dental, pharmaceutical and othermedical or surgical supplies, including prosthetic appliances andeyeglasses; and the care furnished by members of such otherprofessions as may be recognized as allied to the medical pro-fession, under the supervision of a medical or dental practitioner.Convention No. 121 also envisages emergency treatment at theplace of work of persons sustaining a serious accident, andfollow-up treatment of those whose injury is slight and does notentail discontinuance of work. In the case of States availing them-selves of temporary exceptions, the extent of the care to be pro-vided is more limited.

The cash benefits to be provided in the event of incapacityfor work, loss of earning capacity, corresponding loss of facultyor the death of the breadwinner, must be a periodical payment.In case of temporary incapacity for work, total loss of earningcapacity likely to be permanent or corresponding loss of faculty,the amount of the periodical payments must attain for a standardbeneficiary (man with wife and two children) 50 per cent of thereference wage under the terms of Convention No. 102. This rateis raised to 60 per cent by Convention No. 121. Moreover, Rec-ommendation No. 121 indicates that the rate of benefits should notbe less than two-thirds of the injured person’s former earnings.

In case of partial loss of earning capacity likely to be per-manent, the rate of benefit must be a suitable proportion of thatspecified for total loss of earning capacity.

These instruments nevertheless permit the benefit due in theevent of permanent incapacity to be converted into a lump sum8

where the degree of incapacity is slight or where the competent

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30

8 The lump sum corresponds to the actuarial equivalent of the periodical payment.

authority is satisfied that the lump sum will be properly utilized.Nevertheless, in such cases, Convention No. 121 emphasizes theexceptional nature of this measure and makes it subject to theconsent of the person protected. The Convention also permitssuch conversion in the case of States which lack the necessaryadministrative facilities for periodical payments.

Finally, the rate of survivors’ benefit in the event of the deathof the breadwinner must attain, for a widow with two children,at least 40 per cent of the reference wage for Convention No. 102and 50 per cent under the terms of Convention No. 121.

In addition to the rules set out in terms of percentages ofthe reference wage, Convention No. 121 provides that no peri-odical payment may be less than a prescribed minimum amount.

As in the case of old-age and other long-term benefits, thetwo Conventions provide that the rates of periodical paymentshave to be reviewed following substantial changes in the generallevel of earnings or the cost of living.

It should be noted that Convention No. 121 providesbroader protection than Convention No. 102. By way of illustra-tion, injured persons requiring the constant assistance of anotherperson have to be provided with additional benefits. Moreover,a funeral benefit at a rate which is not less than the normal costof a funeral has to be envisaged by the legislation. States alsohave to take measures to prevent industrial accidents and occu-pational diseases, provide rehabilitation services and take mea-sures to further the placement of disabled persons in suitableemployment.


In contrast with other contingencies, the granting of bene-fits in the event of employment injury cannot be made subject toa qualifying period, either in the case of medical care or cashbenefits. Benefits have to be provided from the first day of thecontingency without a waiting period. However, but only in thecase of incapacity for work resulting from employment injury,Convention No. 102 provides that the benefit need not be paidfor the first three days in each case of suspension of earnings.Convention No. 121 is more restrictive in this respect, since thewaiting period is only permitted in two cases: where the State


31

benefits from temporary exceptions or where the waiting periodwas provided for in the legislation at the date on which the Con-vention came into force and if the reasons for having recourse tothis exception subsist. Recommendation No. 121 advocates theremoval of any waiting period.

6. Family benefit

Convention No. 102, Part VII


The contingency covered by the Convention is the “respon-sibility for the maintenance of children as prescribed”. The term“child” means a child under school-leaving age or under 15 yearsof age. The Convention leaves it to national laws or regulationsto determine the number of children in respect of whom bene-fits are payable.

Persons protectedThe persons protected must comprise:

� prescribed classes of employees, constituting not less than 50per cent of all employees; or

� prescribed classes of the economically active population,constituting not less than 20 per cent of all residents ; or

� all residents whose means during the contingency do notexceed prescribed limits.

BenefitsThe Convention envisages the provision of benefits either in

cash or in kind (food, clothing, housing, holidays or domestichelp), or a combination of both. In contrast with the provisionsfor other contingencies, the level of family benefit is not deter-mined as a function of a standard beneficiary, but as a globallevel. The total value of the benefits granted for the whole of thecountry has to be such as to represent :� either 3 per cent of the wage of an ordinary adult male

labourer, multiplied by the total number of children of per-sons protected; or

� 1.5 per cent of the said wage, multiplied by the total numberof children of all residents.

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• either all women in prescribedclasses of employees, constitutingnot less than 50 per cent of allemployees and, for medical care incase of maternity, also the wives ofmen who belong to these classes; or

• all women in prescribed classes ofthe economically active population,constituting not less than 20 percent of all residents and, for medicalcare in case of maternity, also thewives of men who belong to thiscategory.

• all employed women, includingthose in atypical forms of dependentwork. 9

Qualifying conditionsEntitlement to family benefit may be made subject to the

completion of a qualifying period, which may be three monthsof contribution or employment, or one year of residence. Thebenefit must be granted throughout the contingency, that is upto the fifteenth year of the child or up to school-leaving age.

7. Maternity benefit

Convention No. 102, Parts II and VIII; Convention No. 183and Recommendation No. 191

Definition of the contingencyUnder Convention No. 102, the contingencies covered

include, on the one hand, the medical care required by preg-nancy, confinement and their consequences and, on the otherhand, the resulting suspension of earnings.

Convention No. 183, although not explicitly defining thecontingency, nevertheless covers the same contingencies as Con-vention No. 102 and provides for much broader benefits.

Persons protected




33

Note on page 34

Benefits

Convention No. 102 envisages the provision of maternitymedical care and, in the event of suspension of earnings result-ing from pregnancy, confinement and their consequences, theprovision of cash benefits for at least 12 weeks. Medical benefitsmust include at least pre-natal, confinement and post-natal care,either by medical practitioners or by qualified midwives, and hos-pitalization where necessary. The minimum rate of cash benefitsmust correspond to at least 45 per cent of the reference wage.

It should be emphasized that Convention No. 102 is aninstrument that is devoted exclusively to social security and thatit only addresses maternity from the point of view of social secu-rity, while Convention No. 183, in the same way as ConventionsNos. 3 and 103 in their time, is specifically devoted to maternityprotection and therefore provides for much more extensive ben-efits, as described below.

Convention No. 183 explicitly sets forth the right to a min-imum period of maternity leave. All women to whom the Con-vention applies must, on production of a medical certificate orother appropriate certification, be entitled to a period of mater-nity leave of not less that 14 weeks. 10 This leave must include aperiod of six weeks’ compulsory leave after childbirth, unlessotherwise agreed at the national level by the government and therepresentative organizations of employers and workers. The pre-natal portion of maternity leave also has to be extended by anyperiod elapsing between the presumed date and the actual dateof childbirth. Finally, in case of illness, complications or risk ofcomplications arising out of pregnancy or childbirth, additionalleave must be granted. Recommendation No. 191 calls for theextension of the period of maternity leave to 18 weeks.

Women who are absent from work on leave related tomaternity must be provided with cash benefits at a level which

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9 The Maternity Protection Convention (Revised), 1952 (No. 103), was already broader inscope than Convention No. 102, since it applies to women employed in industrial undertakingsand in non-industrial and agricultural occupations, including women wage-earners working at home.At the time of the adoption of Convention No. 183, it clearly emerged that the objective shouldbe the extension of maternity protection to the broadest possible number of employed women.

10 Earlier Conventions on maternity protection (Conventions Nos. 3 and 103) prescribedmaternity leave of 12 weeks.

ensures that they can maintain themselves and their child inproper conditions of health and with a suitable standard of living.Where such benefits are based on previous earnings, they mustnot be less than two-thirds of such earnings. Where other meth-ods are used to determine the cash benefits, their amount has tobe comparable with the amount resulting on average from thedetermination of benefits based on previous earnings. However,in the case of countries whose economy and social securitysystem are insufficiently developed, the level of cash benefitsmay be equivalent to the benefits payable for sickness or tem-porary disability. Recommendation No. 191 encourages memberStates to raise the level of maternity benefit to the full amount ofthe woman’s previous earnings.

The medical benefits provided to protected persons mustinclude pre-natal, childbirth and post-natal care, as well as hos-pitalization when necessary.

Moreover, Convention No. 183 envisages the right of breast-feeding mothers to one or more daily breaks or a daily reductionof hours of work. These breaks or reduction of hours of work haveto be counted as working time and remunerated accordingly.

Finally, Convention No. 183 also contains several provisionsrespecting health protection, employment protection and non-dis-crimination. States must take measures to ensure that pregnantor breastfeeding women are not obliged to perform work whichhas been determined to be prejudicial to the health of the motheror the child. Moreover, they have to adopt measures to ensurethat maternity does not constitute a source of discrimination inemployment or in access to employment. It is also prohibited foremployers to terminate the employment of a woman during herpregnancy or absence on leave or during a period following herreturn to work, except on grounds unrelated to the pregnancy orbirth of the child and its consequences or nursing. Finally, whenthe woman returns to work, she must be guaranteed the right toreturn to the same position or an equivalent position paid at thesame rate.


Under Convention No. 102, the right to benefit may bemade subject to the completion of a qualifying period as may be


35




• prescribed classes of theeconomically active population,constituting not less than 75 per

considered necessary to preclude abuse. Once the benefit hasbeen granted, it must be provided throughout the contingency,although the cash benefit may nevertheless be limited to 12 weeks.However, if national laws or regulations require or authorizematernity leave longer than 12 weeks, the cash benefit must bepaid to the woman throughout the whole of the leave.

Convention No. 183 also envisages that entitlement to cashbenefits may be made subject to conditions, which conditionsmust however be able to be satisfied by a large majority of thewomen to whom the Convention applies. Furthermore, wherewomen do not meet the prescribed conditions, they must be enti-tled to adequate benefits financed by social assistance funds.

8. Invalidity benefit

Convention No. 102, Part IX; Convention No. 128and Recommendation No. 131


The contingency covered is the inability to engage in anygainful activity where such inability is likely to be permanent orpersists after the period during which the beneficiary is entitledto benefit for temporary incapacity.

Recommendation No. 131 also calls for incapacity to engagein an activity involving substantial gain to be taken into account.

Persons protected



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Recommendation No. 131 advocates the extension of theright to invalidity benefit to casual workers and to all economi-cally active persons.

Benefits

The benefits have to take the form of a periodical payment,the amount of which for a standard beneficiary (man with wifeand two children) must be equivalent to at least 40 per cent ofthe reference wage for Convention No. 102. This rate is raisedto 50 per cent by Convention No. 128, while RecommendationNo. 131 advocates increasing it to 60 per cent. It also recom-mends that national legislation should fix minimum amounts ofbenefits so as to ensure a minimum standard of living11 and thatincrements to the amounts of these benefits should be providedin certain circumstances, and particularly for beneficiaries requir-ing the constant help of another person.

Invalidity benefit has to be granted throughout the contin-gency or until an old-age benefit becomes payable. As in the caseof old-age benefit, both Convention No. 102 and Convention No.128 provide that the rates of the pension have to be reviewed fol-lowing substantial changes in the general level of earnings or thecost of living.

In addition to cash benefits, Convention No. 128 envisagesthe adoption of measures for the provision of rehabilitation ser-vices designed to prepare disabled persons for the resumptionof their previous activity or for another activity suited to their


37

11 It is interesting to note in this respect that it is only in the case of employment injurythat it has been possible to prescribe at the level of the Convention that invalidity and survivors’benefits must not be below a minimum standard of living. In the case of invalidity of commonorigin, the concept of the minimum standard of living is only found in the Recommendation.



cent of the whole economicallyactive population; or

• all residents, or residents whosemeans during the contingency donot exceed certain limits.

aptitudes. The obligation to provide such services does not, how-ever, apply to countries benefiting from temporary exceptions.


Invalidity benefit at the level envisaged by the Conventionsmust be secured to protected persons who have completed aqualifying period of 15 years of contribution or employment, orten years of residence. As in the case of old-age benefit, wherethe invalidity benefit is conditional upon a minimum period ofcontribution or employment or, under Convention No. 128, ofresidence, a reduced benefit must be secured to a person pro-tected who has completed a qualifying period of five years ofcontribution, employment or residence. Where all economicallyactive persons are protected, more flexible rules apply both forthe full invalidity pension and the reduced pension.

9. Survivors’ benefit

Convention No. 102, Part X; Convention No. 128and Recommendation No. 131


The contingency covered is the loss of support suffered bythe widow or children as a result of the death of the breadwinner.The protection provided therefore concerns widows who weredependent on the deceased breadwinner, and children whosebreadwinner (father or mother) has died. The term “child” meansa child under school-leaving age or under 15 years of age (which-ever is the higher), or in the case of Convention No. 128 a higherage where the child is an apprentice or student, or has a chronicillness or infirmity disabling him or her from any gainful activity.

In the case of a widow, Convention No. 102 provides thatthe right to benefit may be made conditional on her being pre-sumed to be incapable of self-support. Convention No. 128 pro-vides that the widow must have reached a prescribed age, whichmust not be higher than the age prescribed for old-age benefit.However, where a widow is an invalid or is caring for a depen-dent child of the deceased, there is no requirement as to age andthe benefit must be provided to her in any event. The two instru-

Social security

38

Recommendation No. 131 advocates the extension of enti-tlement to survivors’ benefit to wives, children and other depen-dants of persons whose employment is of a casual nature and ofall economically active persons. It also encourages memberStates to grant the same rights to an invalid and dependent wid-ower as to widows.

Benefits

The benefit must be a periodical payment, the amount ofwhich for a standard beneficiary (widow with two children)must correspond to at least 40 per cent of the reference wage, in


39

• wives and children of breadwinnersin prescribed classes of employees,which classes constitute not lessthan 50 per cent of all employees; or

• wives and children of breadwinnersin prescribed classes of theeconomically active population,which classes constitute not lessthan 20 per cent of all residents ; or

• all resident widows and residentchildren who have lost theirbreadwinner and whose meansduring the contingency do notexceed certain limits.

• wives, children and, as may beprescribed, other dependants ofbreadwinners who were employeesor apprentices; or

• wives, children and, as may beprescribed, other dependants ofbreadwinners in prescribed classesof the economically activepopulation, which classes constitute not less than 75 per cent of thewhole economically activepopulation; or

• all widows, all children and all otherprescribed dependants who havelost their breadwinner, who areresidents and, as appropriate, whosemeans during the contingency donot exceed certain limits.

ments also permit, under certain conditions, the requirement ofa minimum period of marriage for entitlement to the benefit.

Persons protected



accordance with Convention No. 102. This rate is raised to 45 percent by Convention No. 128 and to 55 per cent by Recommen-dation No. 131. This instrument also recommends, as for old-ageand invalidity benefit, that national legislation should fix mini-mum amounts of benefits so as to ensure a minimum standard ofliving and that increments to the amounts of these benefitsshould be provided in certain circumstances, and particularly forbeneficiaries requiring the constant help of another person.

Survivors’ benefit must be granted throughout the contin-gency. It is a long-term benefit which, in the same way as old-age and invalidity benefit, must be reviewed following substan-tial changes in the general level of earnings or in the cost of living.


The Conventions contain a number of provisions respectingthe qualifying period which the breadwinner must, as appropri-ate, have completed for survivors’ benefit at the rate prescribedby these Conventions to be secured to protected persons. Thisqualifying period may consist of a period of contribution oremployment of not more than 15 years, or a period of residencenot exceeding ten years.

As in the case of old-age and invalidity benefit, where thegranting of survivors’ benefit is conditional upon the completionof a period of contribution or employment, a reduced benefitshall be secured to a person protected whose breadwinner hascompleted a qualifying period of five years of contribution, employ-ment or residence. Where the wives and children of all econom-ically active persons are protected, more flexible rules apply tothe provision of the full benefit and the reduced benefit.

Social security

40

III. Social security of migrantworkers

Migrant workers are confronted with particular difficulties inthe field of social security. In the absence of international pro-tection, they run the risk of losing the entitlement to social secu-rity benefits which they enjoyed in their country of origin, andmay at the same time encounter restrictive conditions in the hostcountry with regard to their coverage by the national social secu-rity system. Out of its concern from the outset for the situation ofthese particularly vulnerable workers, the ILO has endeavouredto provide them with protection through its standards, amongother means. The Conference has adopted general instrumentson migrant workers. In addition, general social security Conven-tions explicitly or implicitly set forth the principle of equality oftreatment between nationals and foreign workers.

Finally, other ILO standards address the issue of the socialsecurity of migrant workers in a global manner. The two princi-pal instruments in this respect are the Equality of Treatment(Social Security) Convention, 1962 (No. 118), and the Mainte-nance of Social Security Rights Convention, 1982 (No. 157). Bothinstruments contain provisions relating to all nine branches ofsocial security. However, while a State which ratifies ConventionNo. 118 may limit its application to certain of these branches,such flexibility is not offered by Convention No. 157. Indeed,where a State party to the latter Convention has legislation inforce covering a specific branch, it is obliged to apply the provi-sions of the Convention for that branch. The two instrumentsprovide for the possibility of States parties to derogate from their

41

provisions by virtue of special arrangements concluded betweenthem, on condition that they do not affect the rights and obliga-tions of other States parties and settle the issues that they coverin terms which are at least as favourable as those envisaged inthe Conventions. Conventions Nos. 118 and 157 therefore estab-lish a system based on a number of basic principles, and pri-marily equality of treatment, the maintenance of acquired rightsand the maintenance of rights in the course of acquisition.

1. Equality of treatment

By virtue of the principle of equality of treatment, non-national workers must benefit in the host country from the sameconditions as nationals in terms of coverage and entitlement tosocial security benefits. In 1925, the Conference first set forth thisprinciple in a Convention specifically addressing the compensa-tion of industrial accidents (Convention No. 19). The scope ofConvention No. 118 is much broader, since it covers the ninebranches of social security. For each of the branches that itaccepts, a State party to the Convention undertakes to grantwithin its territory to nationals of any other State which has rati-fied the Convention equality of treatment in social security withits own nationals. An exception to this rule is, however, permit-ted to exert pressure on any other State which does not respectit. Furthermore, equality of treatment must be granted to refugeesand stateless persons. In addition, where, under the national leg-islation, entitlement to benefit is subject to a residence require-ment, such a condition cannot in principle be imposed only onnon-nationals. The issue of equality of treatment, which isaddressed in a comprehensive manner in Convention No. 118, isnot developed further in Convention No. 157. 1

2. Maintenance of acquired rights and the provision of benefits abroad

The maintenance of acquired rights permits migrant work-ers to receive benefits which are due to them from a State, even

Social security

42

1 It should also be emphasized that most of the ILO Conventions covering one or morespecific branches of social security contain provisions on equality of treatment. For example, PartXII of Convention No. 102 covers this subject.

when they cease to be resident on its territory. This principle,which is essential for the social protection of migrant workers, isintended to ensure them real equality of treatment and not justlegal equality.

In the case of long-term benefits (particularly invalidity, old-age and survivors’ benefit, and annuities paid as a result of anemployment accident or an occupational disease), there is adirect obligation to maintain acquired rights, 2 in the sense that itis not dependent on the conclusion of an agreement between theStates concerned. A State party to Convention No. 118 has toensure the provision of benefits abroad in a specific branch forits own nationals and the nationals of any other State which hasaccepted the obligations of the Convention for the same branch,irrespective of the place of residence of the beneficiary. Con-vention No. 157 establishes a similar obligation. However, as itdoes not allow for the exclusion of any branches at the time ofratification, the maintenance of acquired rights has to be ensuredfor the nationals of other States parties to the Convention in anybranch of social security in which the States concerned have leg-islation that is in force. 3 Finally, both Convention No. 118 andConvention No. 157 provide that this principle shall apply, with-out any condition of reciprocity, to refugees and stateless persons.

With regard to short-term benefits, the obligation to main-tain acquired rights is indirect. States have to endeavour to par-ticipate in schemes for the maintenance of these rights. As in thecase of long-term benefits, this obligation has to be ensured,under Convention No. 118, for nationals of any other State forwhich the Convention is also in force and for the branches ofsocial security which have been accepted by the States con-cerned. Convention No. 157 establishes this principle for all thebranches of social security in which each State has legislation inforce. In any case, the obligation only rests on the States con-cerned, that is those between which there are movements of per-sons warranting the conclusion of such arrangements. Negotia-tions must be undertaken in good faith, although failure to

Social security of migrant workers

43

2 Moreover, specific rules apply to family benefit.3 Convention No. 157 however offers the alternative of allowing the States concerned to

guarantee the provision of such benefits through bilateral or multilateral instruments.

conclude an agreement cannot be interpreted as non-compliancewith this obligation.

3. Maintenance of rights in course of acquisition

Certain provisions in national legislation may give rise toparticular difficulties in their application to migrant workers.These include qualifying conditions for entitlement to benefits,which would oblige them to complete a new qualifying periodeach time they change their State of residence. In such cases,migrant workers would, for example, only receive very lowretirement pensions in comparison with those to which theywould have been entitled if they had contributed throughouttheir career to the social security system in a single State. Toaddress this risk, the maintenance of rights in the course of acqui-sition makes it possible to add together periods of coverage ofmigrant workers under the social security legislation of the vari-ous countries in which they have lived.

States parties to Conventions Nos. 118 and 157 have toendeavour to participate in a scheme for the maintenance ofrights in course of acquisition similar to those described abovefor the maintenance of acquired rights.

4. Applicable legislation

Convention No. 157 addresses this important issue. Therules respecting the determination of the applicable legislationare intended to prevent conflicts of laws and the undesirable con-sequences that might ensue for those concerned either throughlack of protection or as a result of undue plurality of contribu-tions or benefits. The States concerned have to determine bycommon agreement the applicable legislation, in accordancewith certain principles set out in the Convention itself. Theapplicable legislation is normally that of the State in which thepersons concerned carry out their occupational activity or, in thecase of persons who are not active, in which they are resident.However, the States concerned may agree to exceptions from thisrule in the interests of the persons concerned.

Social security

44

5. Administrative assistance and assistance to persons

Convention No. 118 provides that States parties shall affordeach other administrative assistance free of charge with a view tofacilitating the application of the Convention and the implemen-tation of their respective social security legislation. ConventionNo. 157 also provides for such assistance, in principle free ofcharge, subject to the reimbursement of certain costs.

In addition, States parties to Convention No. 157 have topromote the development of social services to assist the personsconcerned in their dealings with the authorities, particularly withrespect to the award and receipt of benefits and the exercise oftheir right of appeal, as well as to promote their personal andfamily welfare.

The matters covered by Conventions Nos. 118 and 157 arevery complex, as has been seen. With a view to facilitating theconclusion of agreements between the States concerned andtheir coordination at the international level, the Maintenance ofSocial Security Rights Recommendation, 1983 (No. 167) containsmodel provisions in annex for the conclusion of bilateral andmultilateral social security instruments.

Social security of migrant workers

45

Annexes

Annex 1 below provides a comparative description, for eachof the nine branches of social security, of the protection affordedby Convention No. 102 and the corresponding third generationConventions.

Annex 2 contains a chronological list of the ILO’s socialsecurity Conventions and Recommendations. This list enumeratesthe instruments which are up to date, that is Conventions whoseratification is encouraged and Recommendations to whichmember States are invited to give effect. It also mentions instru-ments with interim status, that is those that are no longer com-pletely up to date, but which remain relevant in certain respects.

Finally, Annex 3 describes the status of the ILO’s social secu-rity standards in accordance with the decisions on standardspolicy taken by the Governing Body. As in Annex 2, only the up-to-date instruments and those with interim status are included.Instruments which are outdated, and which therefore no longermake a useful contribution to the achievement of the Organiza-tion’s objectives, have been omitted.

47

An

nex

1 –

Ben

efit

s a

t a

gla

nce

The

table

s bel

ow

sum

mar

ize

the

min

imum

ben

efits

to b

e pro

vided

to the

per

sons

pro

tect

ed. O

nly

the

princi

pal

pro

visi

ons

of

the

soci

al s

ecurity

Conve

ntio

ns

are

note

d.

The

table

s do n

ot

incl

ude

the

der

oga

tions

allo

wed

for by

thes

e in

stru

men

ts, su

ch a

s th

e pro

visi

ons

for co

untrie

s w

her

e th

e ec

onom

yan

d m

edic

al r

esourc

es a

re n

ot su

ffic

iently

dev

eloped

, nor

the

hig

her

lev

el o

f ben

efit

advo

cate

d b

y th

ere

leva

nt Rec

om

men

dat

ions.

1.

Med

ical

car

e

Conv

entio

n No

. 102

Conv

entio

n No

. 130

Natu

re o

f ben

efits

•Pr

even

tive

care

.•

The

bene

fits

enum

erat

ed in

Con

vent

ion

•Ge

nera

l pra

ctiti

oner

car

e, in

clud

ing

No. 1

02; a

nd a

lso

hom

e vi

sits

.•

Dent

al c

are.

•Sp

ecia

list c

are

in h

ospi

tals

or o

utsi

de.

•Th

e es

sent

ial p

harm

aceu

tical

sup

plie

s •

Med

ical

reha

bilit

atio

n.as

pre

scrib

ed.

•Ho

spita

lizat

ion

whe

re n

eces

sary

.•

Pren

atal

, con

finem

ent a

nd p

ostn

atal

ca

re e

ither

by

med

ical

pra

ctiti

oner

s or

by

qua

lifie

d m

idw

ives

, and

hos

pita

lizat

ion

wer

e ne

cess

ary.

Social security

48

Conv

entio

n No

. 102

Conv

entio

n No

. 130

Cond

ition

s of

ent

itlem

ent t

o be

nefit

s•

Poss

ibili

ty to

impo

se a

qua

lifyi

ng p

erio

d.•

idem

.Du

ratio

n of

ben

efits

•Be

nefit

gra

nted

thro

ugho

ut th

e•

idem

.co

ntin

genc

y co

vere

d.•

Poss

ibili

ty o

f lim

iting

the

dura

tion

•Po

ssib

ility

of l

imiti

ng th

e du

ratio

n of

ben

efits

to 2

6 w

eeks

.of

ben

efits

to 2

6 w

eeks

onl

y w

hen

the

bene

ficia

ry c

ease

s to

bel

ong

to

the

cate

gorie

s of

per

sons

pro

tect

ed in

a

case

of s

ickn

ess

whi

ch s

tarte

d w

hile

sh

e/he

bel

onge

d to

suc

h ca

tego

ries.

•Th

e du

ratio

n of

med

ical

car

e is

to b

e •

idem

.pr

olon

ged

as lo

ng a

s th

e be

nefic

iary

is

ent

itled

to s

ickn

ess

bene

fit (s

ee b

elow

) an

d in

cas

e of

dis

ease

s re

cogn

ized

as e

ntai

ling

prol

onge

d ca

re.

Annexes

49

2.

Sick

nes

s b

enef

it

Conv

entio

n No

. 102

Conv

entio

n No

. 130

Natu

re o

f ben

efits

•Pe

riodi

cal p

aym

ents

, cor

resp

ondi

ng

•Pe

riodi

cal p

aym

ents

, cor

resp

ondi

ng

to a

t lea

st 4

5% o

f the

refe

renc

e w

age.

to a

t lea

st 6

0% o

f the

refe

renc

e w

age.

•In

cas

e of

dea

th o

f the

ben

efic

iary

, ben

efit

for f

uner

al e

xpen

ses.

Cond

ition

s of

ent

itlem

ent t

o be

nefit

s•

Poss

ibili

ty to

impo

se a

qua

lifyi

ng p

erio

d.•

idem

.Du

ratio

n of

ben

efits

•Th

e be

nefit

is to

be

gran

ted

thro

ugho

ut

•id

em.

the

cont

inge

ncy.

•Po

ssib

ility

of e

stab

lishi

ng a

wai

ting

•

idem

.pe

riod

of th

ree

days

.•

Poss

ibili

ty o

f lim

iting

the

dura

tion

of

•Po

ssib

ility

of l

imiti

ng th

e du

ratio

n of

be

nefit

s to

26

wee

ks in

eac

h ca

se o

f be

nefit

s to

52

wee

ks in

eac

h ca

se o

f si

ckne

ss.

sick

ness

.

Social security

50

3. U

nem

plo

ym

ent

ben

efit

Conv

entio

n No

. 102

Conv

entio

n No

. 168

Natu

re o

f ben

efits

•Pe

riodi

cal p

aym

ents

cor

resp

ondi

ng

•Pe

riodi

cal p

aym

ents

cor

resp

ondi

ng

to a

t lea

st 4

5% o

f the

refe

renc

e w

age.

to a

t lea

st 5

0% o

f the

refe

renc

e w

age.

•Be

yond

the

initi

al p

erio

d, p

ossi

bilit

y of

app

lyin

g sp

ecia

l rul

es o

f cal

cula

tion.

Ne

verth

eles

s, th

e to

tal o

f ben

efits

to

whi

ch th

e un

empl

oyed

may

be

entit

led

mus

t gua

rant

ee th

em h

ealth

y an

d re

ason

able

livi

ng c

ondi

tions

in

acc

orda

nce

with

nat

iona

l sta

ndar

ds.

Cond

ition

s of

ent

itlem

ent t

o be

nefit

s•

Poss

ibili

ty o

f pre

scrib

ing

a qu

alify

ing

•id

em.

perio

d.Du

ratio

n of

ben

efits

•Po

ssib

ility

of e

stab

lishi

ng a

wai

ting

perio

d •

idem

.of

sev

en d

ays.

•Th

e be

nefit

s ha

ve to

be

gran

ted

•id

em.

in p

rinci

ple

thro

ugho

ut th

e co

ntin

genc

y.•

Neve

rthel

ess,

the

dura

tion

of th

e be

nefit

•

Poss

ibili

ty o

f lim

iting

the

initi

al d

urat

ion

can

be li

mite

d to

13

or 2

6 w

eeks

, of

pay

men

t of t

he b

enef

it to

26

wee

ks

depe

ndin

g on

the

case

, with

in a

per

iod

in c

ase

of u

nem

ploy

men

t, or

to 3

9 w

eeks

of

12

mon

ths.

over

any

per

iod

of 2

4 m

onth

s.•

In th

e ev

ent o

f une

mpl

oym

ent c

ontin

uing

be

yond

this

initi

al p

erio

d, th

e du

ratio

n of

the

paym

ent o

f ben

efit

may

be

limite

d to

a p

resc

ribed

per

iod

and

may

be

calc

ulat

ed in

the

light

of t

he re

sour

ces

of th

e be

nefic

iary

and

his

or h

er fa

mily

.

Annexes

51

4.

Old

-age

ben

efit

Conv

entio

n No

. 102

Conv

entio

n No

. 128

Natu

re o

f ben

efits

•Pe

riodi

cal p

aym

ents

, at l

east

40%

•

Perio

dica

l pay

men

ts, a

t lea

st 4

5%

of th

e re

fere

nce

wag

e.of

the

refe

renc

e w

age.

•Th

e ra

tes

of p

erio

dica

l pay

men

ts m

ust

•id

em.

be re

vise

d fo

llow

ing

subs

tant

ial c

hang

es

in th

e ge

nera

l lev

el o

f ear

ning

and

/or

in th

e co

st o

f liv

ing.

Cond

ition

s of

ent

itlem

ent t

o be

nefit

s•

The

pres

crib

ed a

ge m

ust n

ot b

e m

ore

•id

em.

than

65

year

s.•

Poss

ibili

ty o

f fix

ing

a hi

gher

age

with

•

Poss

ibili

ty o

f fix

ing

a hi

gher

age

with

due

du

e re

gard

to th

e w

orki

ng a

bilit

y re

gard

to d

emog

raph

ic, e

cono

mic

and

of

eld

erly

per

sons

in th

e co

untr

y.so

cial

crit

eria

, whi

ch s

hall

be

dem

onst

rate

d st

atis

tical

ly.•

If th

e pr

escr

ibed

age

is 6

5 or

hig

her,

the

age

mus

t be

low

ered

in re

spec

t of

per

sons

who

hav

e be

en e

ngag

ed

in a

rduo

us o

r unh

ealth

y oc

cupa

tions

.•

Poss

ibili

ty o

f pre

scrib

ing

a qu

alify

ing

•id

em.

perio

d: e

ither

30

year

s of

con

tribu

tion

or e

mpl

oym

ent o

r 20

year

s of

resi

denc

e.•

Whe

re a

qua

lifyi

ng p

erio

d is

est

ablis

hed,

•

idem

.ob

ligat

ion

to g

uara

ntee

a re

duce

d be

nefit

af

ter c

ompl

etio

n of

a q

ualif

ying

per

iod

of

15 y

ears

of c

ontri

butio

n or

em

ploy

men

t.Du

ratio

n of

ben

efits

•Th

e be

nefit

s ha

ve to

be

gran

ted

•id

em.

thro

ugho

ut th

e co

ntin

genc

y.

Social security

52

5.

Em

plo

ym

ent

inju

ry b

enef

it

Conv

entio

n No

. 102

Conv

entio

n No

. 121

Natu

re o

f ben

efits

•M

edic

al c

are

(a li

st o

f whi

ch is

•

idem

. In

addi

tion,

cer

tain

type

s of

car

e co

ntai

ned

in th

e Co

nven

tion)

.at

the

plac

e of

wor

k.•

Perio

dica

l pay

men

ts, c

orre

spon

ding

•Pe

riodi

cal p

aym

ents

, cor

resp

ondi

ng to

at

to a

t lea

st 5

0% o

f the

refe

renc

e w

age

in

leas

t 60%

of t

he re

fere

nce

wag

e in

cas

es

case

s of

inca

paci

ty fo

r wor

k or

inva

lidity

.of

inca

paci

ty fo

r wor

k or

inva

lidity

.•

In c

ase

of d

eath

of t

he b

read

win

ner,

•In

cas

e of

dea

th o

f the

bre

adw

inne

r, be

nefit

s fo

r the

wid

ow a

nd d

epen

dant

be

nefit

s fo

r the

wid

ow, t

he d

isab

led

and

child

ren.

Per

iodi

cal p

aym

ents

de

pend

ent w

idow

er, d

epen

dent

chi

ldre

n,

corr

espo

ndin

g to

at l

east

40%

as

wel

l as

all o

ther

per

sons

, of

the

refe

renc

e w

age.

as re

cogn

ized

unde

r nat

iona

l leg

isla

tion.

Pe

riodi

cal p

aym

ents

cor

resp

ondi

ng

to a

t lea

st 5

0% o

f the

refe

renc

e w

age.

•Ob

ligat

ion

to p

resc

ribe

a m

inim

um

amou

nt fo

r the

se p

erio

dica

l pay

men

ts.

•Ex

cept

in th

e ca

se o

f inc

apac

ity fo

r •

idem

.w

ork,

obl

igat

ion

to re

vise

the

rate

s of

per

iodi

cal p

aym

ents

follo

win

g su

bsta

ntia

l cha

nges

in th

e co

st o

f liv

ing.

•Po

ssib

ility

of c

onve

rting

per

iodi

cal

•Po

ssib

ility

of c

onve

rting

per

iodi

cal

paym

ents

into

a lu

mp

sum

whe

re (1

) pa

ymen

ts in

to a

lum

p su

m (1

) in

the

case

th

e de

gree

of i

ncap

acity

is s

light

or

of lo

ss o

f ear

ning

cap

acity

whi

ch is

not

w

here

(2) t

he c

ompe

tent

aut

horit

y is

su

bsta

ntia

l and

(2) i

n ex

cept

iona

l sa

tisfie

d th

at th

e lu

mp

sum

will

be

circ

umst

ance

s, a

nd w

ith th

e ag

reem

ent

prop

erly

util

ized.

of th

e in

jure

d pe

rson

, whe

n

Annexes

53

Conv

entio

n No

. 102

Conv

entio

n No

. 121

the

com

pete

nt a

utho

rity

has

reas

on

to b

elie

ve th

at s

uch

lum

p su

m w

ill b

e ut

ilize

d in

a m

anne

r whi

ch is

par

ticul

arly

ad

vant

ageo

us fo

r the

inju

red

pers

on.

•Su

pple

men

tary

ben

efits

for d

isab

led

pers

ons

requ

iring

the

cons

tant

hel

p of

a th

ird p

erso

n.Co

nditi

ons

of e

ntitl

emen

t to

bene

fits

•Pr

ohib

ition

to p

resc

ribin

g a

qual

ifyin

g •

idem

. pe

riod.

•In

the

case

of a

wid

ow, t

he ri

ght t

o be

nefit

•Po

ssib

ility

for t

he n

atio

nal a

utho

rity

may

be

mad

e co

nditi

onal

on

her b

eing

to

pre

scrib

e co

nditi

ons

unde

r whi

ch

pres

umed

to b

e in

capa

ble

of s

elf-s

uppo

rt.a

wid

ow c

an c

laim

the

bene

fits.

Dura

tion

of b

enef

its•

No w

aitin

g pe

riod

exce

pt in

the

case

•

Poss

ibili

ty o

f fix

ing

a w

aitin

g pe

riod

of te

mpo

rary

inca

paci

ty to

wor

k in

cas

es o

f inc

apac

ity to

wor

k if

the

dela

y (m

axim

um 3

day

s)·

was

pro

vide

d fo

r und

er le

gisl

atio

n at

th

e tim

e th

e Co

nven

tion

ente

red

into

fo

rce

and

the

reas

ons

for t

his

still

exi

st.

•Th

e be

nefit

has

to b

e gr

ante

d th

roug

hout

•

idem

.th

e co

ntin

genc

y.

Social security

54

6.

Fam

ily b

enef

it

Conv

entio

n No

. 102

No th

ird g

ener

atio

n in

stru

men

t

Natu

re o

f ben

efits

(a) E

ither

per

iodi

cal p

aym

ents

; or

/(b

) the

pro

visi

on o

f foo

d, c

loth

ing,

hou

sing

, ho

liday

s or

dom

estic

hel

p; o

r(c

) a c

ombi

natio

n of

(a) a

nd (b

).M

inim

um a

mou

nt fo

r the

tota

l val

ue

of th

e be

nefit

s gr

ante

d in

the

coun

try.

Cond

ition

s of

ent

itlem

ent t

o be

nefit

sPo

ssib

ility

of p

resc

ribin

g a

qual

ifyin

g pe

riod,

/

eith

er th

ree

mon

ths

of c

ontri

butio

n or

em

ploy

men

t, or

one

yea

r of r

esid

ence

.Du

ratio

n of

ben

efits

In th

e ca

se o

f per

iodi

cal p

aym

ent,

it sh

all b

e /

gran

ted

thro

ugho

ut th

e co

ntin

genc

y.

Annexes

55

7.

Mat

ern

ity b

enef

it

Conv

entio

n No

. 102

Conv

entio

n No

. 183

Natu

re o

f ben

efits

•M

edic

al c

are

incl

udin

g at

leas

t pre

nata

l, •

Med

ical

ben

efits

incl

udin

g pr

enat

al,

conf

inem

ent a

nd p

ostn

atal

car

e ei

ther

ch

ildbi

rth a

nd p

ostn

atal

car

e, a

s w

ell a

s by

med

ical

pra

ctiti

oner

s or

by

qual

ified

ho

spita

lizat

ion

care

whe

n ne

cess

ary.

mid

wiv

es a

nd h

ospi

taliz

atio

n w

here

ne

cess

ary.

•Pe

riodi

cal p

aym

ents

, at l

east

45%

•

Cash

ben

efits

that

ens

ure

that

the

wom

an

of th

e re

fere

nce

wag

e.ca

n m

aint

ain

hers

elf a

nd h

er c

hild

in

pro

per c

ondi

tions

of h

ealth

and

with

a

suita

ble

stan

dard

of l

ivin

g. A

t lea

st 2

/3

of p

revi

ous

earn

ings

or e

quiv

alen

t am

ount

.Co

nditi

ons

of e

ntitl

emen

t to

bene

fits

•Po

ssib

ility

of p

resc

ribin

g a

qual

ifyin

g •

Cond

ition

s to

qua

lify

for c

ash

bene

fits

perio

d.m

ust b

e ab

le to

be

satis

fied

by a

larg

e •

Bene

fit a

lso

has

to b

e se

cure

d to

m

ajor

ity o

f the

wom

en to

who

m

the

wife

of a

man

in th

e cl

asse

s th

e Co

nven

tion

appl

ies.

Whe

re a

wom

an

prot

ecte

d w

here

the

latte

r has

com

plet

ed

does

not

mee

t the

con

ditio

ns to

qua

lify

the

qual

ifyin

g pe

riod.

for c

ash

bene

fits,

she

mus

t be

entit

led

to

adeq

uate

ben

efits

out

of s

ocia

l ass

ista

nce

fund

s, s

ubje

ct to

the

mea

ns te

st re

quire

d fo

r suc

h as

sist

ance

.Du

ratio

n of

ben

efits

•Be

nefit

s gr

ante

d th

roug

hout

•

Bene

fits

gran

ted

thro

ugho

ut

the

cont

inge

ncy.

the

cont

inge

ncy;

14

wee

ks o

r mor

e in

cas

es o

f illn

ess

or c

ompl

icat

ions

.

Social security

56

Conv

entio

n No

. 102

Conv

entio

n No

. 183

•Po

ssib

ility

of l

imiti

ng p

erio

dica

l pay

men

ts

to 1

2 w

eeks

, unl

ess

a lo

nger

per

iod

of a

bsen

ce fr

om w

ork

is re

quire

d or

au

thor

ized

by n

atio

nal l

aws

or re

gula

tions

.

Annexes

57

8.

Inva

lid

ity b

enef

it

Conv

entio

n No

. 102

Conv

entio

n No

. 128

Natu

re o

f ben

efits

•Pe

riodi

cal p

aym

ents

, cor

resp

ondi

ng

•Pe

riodi

cal p

aym

ents

, cor

resp

ondi

ng

to a

t lea

st 4

0% o

f the

refe

renc

e w

age.

to a

t lea

st 5

0% o

f the

refe

renc

e w

age.

•Th

e ra

tes

of p

erio

dica

l pay

men

ts m

ust b

e •

idem

.re

vise

d fo

llow

ing

subs

tant

ial c

hang

es

in th

e ge

nera

l lev

el o

f ear

ning

and

/or

in th

e co

st o

f liv

ing.

•Ob

ligat

ion

to p

rovi

de re

habi

litat

ion

serv

ices

and

take

mea

sure

s to

furth

er

the

plac

emen

t of d

isab

led

pers

ons

in s

uita

ble

empl

oym

ent.

Cond

ition

s of

ent

itlem

ent t

o be

nefit

s•

Poss

ibili

ty o

f pre

scrib

ing

a qu

alify

ing

•id

em.

perio

d, e

ither

15

year

s of

con

tribu

tion

or e

mpl

oym

ent,

or 1

0 ye

ars

of re

side

nce.

•In

this

cas

e, o

blig

atio

n to

sec

ure

•Ob

ligat

ion

to s

ecur

e a

redu

ced

bene

fit

a re

duce

d be

nefit

afte

r a q

ualif

ying

af

ter a

qua

lifyi

ng p

erio

d of

5 y

ears

of

perio

d of

5 y

ears

of c

ontri

butio

n co

ntrib

utio

n, e

mpl

oym

ent o

r res

iden

ce.

or e

mpl

oym

ent.

Dura

tion

of b

enef

its•

The

bene

fits

shal

l be

gran

ted

•id

em.

thro

ugho

ut th

e co

ntin

genc

y or

unt

il ol

d-ag

e be

nefit

s be

com

e pa

yabl

e.

Social security

58

9. Su

rviv

ors

’ ben

efit

Conv

entio

n No

. 102

Conv

entio

n No

. 128

Natu

re o

f ben

efits

•Pe

riodi

cal p

aym

ents

, cor

resp

ondi

ng

•Pe

riodi

cal p

aym

ents

, cor

resp

ondi

ng

to a

t lea

st 4

0% o

f the

refe

renc

e w

age.

to a

t lea

st 4

5% o

f the

refe

renc

e w

age.

•Th

e ra

tes

of p

erio

dica

l pay

men

ts m

ust

•id

em.

be re

vise

d fo

llow

ing

subs

tant

ial c

hang

es

in th

e ge

nera

l lev

el o

f ear

ning

and

/or

in th

e co

st o

f liv

ing.

Cond

ition

s of

ent

itlem

ent t

o be

nefit

s•

Poss

ibili

ty o

f req

uirin

g th

e br

eadw

inne

r •

idem

. Nev

erth

eles

s, th

e co

mpl

etio

n by

to

com

plet

e a

qual

ifyin

g pe

riod

whi

ch

a w

idow

of a

pre

scrib

ed q

ualif

ying

per

iod

may

be

15 y

ears

of c

ontri

butio

n of

resi

denc

e m

ay b

e re

quire

d in

stea

d.or

em

ploy

men

t, or

10

year

s of

resi

denc

e.•

In th

is c

ase,

obl

igat

ion

to s

ecur

e re

duce

d •

idem

.be

nefit

s if

the

brea

dwin

ner h

as c

ompl

eted

a

qual

ifyin

g pe

riod

of fi

ve y

ears

of

con

tribu

tion

or e

mpl

oym

ent.

•In

the

case

of a

wid

ow, t

he ri

ght

to b

enef

its m

ay b

e m

ade

cond

ition

al

on h

er b

eing

pre

sum

ed to

be

inca

pabl

e of

sel

f-sup

port.

•Fo

r chi

ldle

ss w

idow

s pr

esum

ed

•Po

ssib

ility

of p

resc

ribin

g an

age

to

be

inca

pabl

e of

sel

f-sup

port,

co

nditi

on fo

r wid

ows

(no

high

er th

an

a m

inim

um d

urat

ion

of th

e m

arria

ge

the

age

pres

crib

ed fo

r old

-age

ben

efits

), m

ay a

lso

be re

quire

d.ex

cept

if th

ey a

re in

valid

or c

arin

g fo

r a

depe

nden

t chi

ld o

f the

dec

ease

d.

Annexes

59

Conv

entio

n No

. 102

Conv

entio

n No

. 128

•Po

ssib

ility

of r

equi

ring

a m

inim

um

dura

tion

of th

e m

arria

ge.

Dura

tion

of b

enef

its•

The

bene

fit h

as to

be

gran

ted

thro

ugho

ut

•id

em.

the

cont

inge

ncy.

Social security

60

Annex 2 – List of social securitystandards

Conventions

Maternity Protection Convention, 1919 (No. 3)

Workmen’s Compensation (Agriculture) Convention, 192l (No. 12)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)

Social Security (Minimum Standards) Convention, 1952 (No. 102)

Equality of Treatment (Social Security) Convention, 1962 (No. 118)

Employment Injury Benefits Convention, 1964 (No. 121)

Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128)

Medical Care and Sickness Benefits Convention, 1969 (No. 130)

Maintenance of Social Security Rights Convention, 1982 (No. 157)

Employment Promotion and Protection against Unemployment Convention,1988 (No. 168)

Maternity Protection Convention, 2000 (No. 183)

Recommendations

Social Insurance (Agriculture) Recommendation, 1921 (No. 17)

Equality of Treatment (Accident Compensation) Recommendation, 1925 (No. 25)

Income Security Recommendation, 1944 (No. 67)

Social Security (Armed Forces) Recommendation, 1944 (No. 68)

Medical Care Recommendation, 1944 (No. 69)

Employment Injury Benefits Recommendation, 1964 (No. 121)

Invalidity, Old-Age and Survivors’ Benefits Recommendation, 1967 (No. 131)

Medical Care and Sickness Benefits Recommendation, 1969 (No. 134)

Maintenance of Social Security Rights Recommendation, 1983 (No. 167)

Employment Promotion and Protection against Unemployment Recommen-dation, 1988 (No. 176)

Maternity Protection Recommendation, 2000 (No. 191)

Annexes

61

An

nex

3 –

Sta

tus

of s

ocia

l se

curi

ty s

tan

da

rds

Co

mp

reh

ensi

ve s

tan

dar

ds

Inst

rum

ents

Num

ber o

f St

atus

ratif

icat

ions

1

Up

-to

-dat

e in

stru

men

ts

Soci

al S

ecur

ity (M

inim

um S

tand

ards

) 40

The

Gove

rnin

g Bo

dy d

ecid

ed:

Conv

entio

n, 1

952

(No.

102

)(a

)to

invi

te th

e Of

fice

to o

ffer,

in a

ppro

pria

te c

ases

, tec

hnic

al

assi

stan

ce w

ith re

spec

t to

Conv

entio

n No

. 102

, inc

ludi

ng

the

diss

emin

atio

n of

info

rmat

ion

in th

e lig

ht o

f the

con

clus

ions

of

the

gene

ral d

iscu

ssio

n on

soc

ial s

ecur

ity th

at w

as h

eld

at

the

89th

Ses

sion

(Jun

e 20

01) o

f the

Con

fere

nce;

(b)t

o in

vite

mem

ber S

tate

s to

con

tem

plat

e ra

tifyi

ng th

is C

onve

ntio

n;(c

)to

invi

te m

embe

r Sta

tes

to in

form

the

Offic

e of

obs

tacl

es o

rdi

fficu

lties

enc

ount

ered

, if a

ny, t

hat m

ight

pre

vent

or d

elay

ratif

icat

ion;

(d)t

hat t

he C

omm

ittee

on

Lega

l Iss

ues

and

Inte

rnat

iona

l Lab

our

Stan

dard

s re

-exa

min

e th

e st

atus

of t

his

Conv

entio

n in

due

cou

rse.

Inco

me

Secu

rity

Reco

mm

enda

tion,

—Th

e Go

vern

ing

Body

has

invi

ted

mem

ber S

tate

s to

giv

e ef

fect

19

44 (N

o. 6

7)to

Rec

omm

enda

tion

No. 6

7.

Social security

62

1In

the

follo

win

g ta

ble

s, the

num

ber

of ra

tific

atio

ns

is indic

ated

as

of 31

Dec

ember

200

2.

Inst

rum

ents

Num

ber o

f St

atus

ratif

icat

ions

Inst

rum

ents

wit

h in

teri

m s

tatu

s

Soci

al In

sura

nce

(Agr

icul

ture

) —

Reco

mm

enda

tion,

192

1 (N

o. 1

7)Th

e Go

vern

ing

Body

dec

ided

to m

aint

ain

the

stat

us q

uo w

ith

rega

rd to

Rec

omm

enda

tions

Nos

. 17

and

68.

Soci

al S

ecur

ity (A

rmed

For

ces)

.—

Reco

mm

enda

tion,

194

4 (N

o. 6

8)

Med

ical

car

e an

d s

ick

nes

s b

enef

it

Up

-to

-dat

e in

stru

men

ts

Soci

al S

ecur

ity (M

inim

um S

tand

ards

) 40

See

abov

e (c

ompr

ehen

sive

sta

ndar

ds).

Conv

entio

n, 1

952

(No.

102

) (Pa

rts II

and

III)

Med

ical

Car

e an

d Si

ckne

ss B

enef

its

14Th

e Go

vern

ing

Body

dec

ided

:Co

nven

tion,

196

9 (N

o. 1

30)

(a)

to in

vite

the

Offic

e to

offe

r, in

app

ropr

iate

cas

es, t

echn

ical

as

sist

ance

with

resp

ect t

o th

e Co

nven

tion

No. 1

30, i

nclu

ding

th

e di

ssem

inat

ion

of in

form

atio

n in

the

light

of t

he c

oncl

usio

ns

of th

e ge

nera

l dis

cuss

ion

on s

ocia

l sec

urity

that

was

hel

d at

th

e 89

th S

essi

on (J

une

2001

) of t

he C

onfe

renc

e;(b

)to

invi

te m

embe

r Sta

tes

to c

onte

mpl

ate

ratif

ying

this

Con

vent

ion;

(c)

to in

vite

mem

ber S

tate

s to

info

rm th

e Of

fice

of o

bsta

cles

or

diffi

culti

es e

ncou

nter

ed, i

f any

, tha

t mig

ht p

reve

nt o

r del

ayra

tific

atio

n;

Annexes

63

Inst

rum

ents

Num

ber o

f St

atus

ratif

icat

ions

(d)t

hat t

he C

omm

ittee

on

Lega

l Iss

ues

and

Inte

rnat

iona

l Lab

our

Stan

dard

s re

-exa

min

e th

e st

atus

of C

onve

ntio

n No

. 130

in d

ueco

urse

.M

edic

al C

are

and

Sick

ness

Ben

efits

—

The

Gove

rnin

g Bo

dy d

ecid

ed:

Reco

mm

enda

tion,

196

9 (N

o. 1

34)

(a)

to in

vite

mem

ber S

tate

s to

giv

e ef

fect

to R

ecom

men

datio

n No

.13

4;(b

)to

invi

te th

e Of

fice

to o

ffer,

in a

ppro

pria

te c

ases

, tec

hnic

alas

sist

ance

with

resp

ect t

o th

is R

ecom

men

datio

n, in

clud

ing

the

diss

emin

atio

n of

info

rmat

ion

in th

e lig

ht o

f the

con

clus

ions

of t

hege

nera

l dis

cuss

ion

on s

ocia

l sec

urity

that

was

hel

d at

the

89th

Sess

ion

(Jun

e 20

01) o

f the

Con

fere

nce.

Inst

rum

ents

wit

h in

teri

m s

tatu

s

Med

ical

Car

e Re

com

men

datio

n, 1

944

—Th

e Go

vern

ing

Body

dec

ided

to m

aint

ain

the

stat

us q

uo w

ith

(No.

69)

rega

rd to

Rec

omm

enda

tion

No. 6

9.

Un

emp

loym

ent

ben

efit

Up

-to

-dat

e in

stru

men

ts

Soci

al S

ecur

ity (M

inim

um S

tand

ards

) 40

See

abov

e (c

ompr

ehen

sive

sta

ndar

ds).

Conv

entio

n, 1

952

(No.

102

) (Pa

rt IV

)Em

ploy

men

t Pro

mot

ion

and

Prot

ectio

n 6

agai

nst U

nem

ploy

men

t Con

vent

ion,

This

inst

rum

ent w

as a

dopt

ed a

fter 1

985

and

is c

onsi

dere

d 19

88 (N

o. 1

68)

up to

dat

e.

Social security

64

Inst

rum

ents

Num

ber o

f St

atus

ratif

icat

ions

Empl

oym

ent P

rom

otio

n an

d Pr

otec

tion

—Th

is in

stru

men

t was

ado

pted

afte

r 198

5 an

d is

con

side

red

agai

nst U

nem

ploy

men

t Rec

omm

enda

tion,

up

to d

ate.

1988

(No.

176

)

Old

-age

, in

vali

dit

y a

nd

su

rviv

ors

’ ben

efit

Up

-to

-dat

e in

stru

men

ts

Soci

al S

ecur

ity (M

inim

um S

tand

ards

) 40

See

abov

e (c

ompr

ehen

sive

sta

ndar

ds).

Conv

entio

n, 1

952

(No.

102

) (P

arts

V, I

X an

d X)

Inva

lidity

, Old

-Age

and

Sur

vivo

rs’ B

enef

its

16Th

e Go

vern

ing

Body

dec

ided

:Co

nven

tion,

196

7 (N

o. 1

28)

(a)

to in

vite

the

Offic

e to

offe

r, in

app

ropr

iate

cas

es, t

echn

ical

as

sist

ance

with

resp

ect t

o Co

nven

tion

No. 1

28, i

nclu

ding

th

e di

ssem

inat

ion

of in

form

atio

n in

the

light

of t

he c

oncl

usio

ns

of th

e ge

nera

l dis

cuss

ion

on s

ocia

l sec

urity

that

was

hel

d at

th

e 89

th S

essi

on (J

une

2001

) of t

he C

onfe

renc

e;(b

)to

invi

te m

embe

r Sta

tes

to c

onte

mpl

ate

ratif

ying

this

Con

vent

ion;

(c)

to in

vite

mem

ber S

tate

s to

info

rm th

e Of

fice

of o

bsta

cles

or

diffi

culti

es e

ncou

nter

ed, i

f any

, tha

t mig

ht p

reve

nt o

r del

ayra

tific

atio

n;(d

)tha

t the

Com

mitt

ee o

n Le

gal I

ssue

s an

d In

tern

atio

nal L

abou

rSt

anda

rds

re-e

xam

ine

the

stat

us o

f Con

vent

ion

No. 1

28 in

due

cour

se.

Annexes

65

Inst

rum

ents

Num

ber o

f St

atus

ratif

icat

ions

Inva

lidity

, Old

-Age

and

Sur

vivo

rs’ B

enef

its

—Th

e Go

vern

ing

Body

dec

ided

:Re

com

men

datio

n, 1

967

(No.

131)

(a)

to in

vite

mem

ber S

tate

s to

giv

e ef

fect

to R

ecom

men

datio

n No

.13

1;(b

)to

invi

te th

e Of

fice

to o

ffer,

in a

ppro

pria

te c

ases

, tec

hnic

alas

sist

ance

with

resp

ect t

o th

is R

ecom

men

datio

n, in

clud

ing

the

diss

emin

atio

n of

info

rmat

ion

in th

e lig

ht o

f the

con

clus

ions

of t

hege

nera

l dis

cuss

ion

on s

ocia

l sec

urity

that

was

hel

d at

the

89th

Sess

ion

(Jun

e 20

01) o

f the

Con

fere

nce.

Em

plo

ym

ent

inju

ry b

enef

it

Up

-to

-dat

e in

stru

men

ts

Soci

al S

ecur

ity (M

inim

um S

tand

ards

) 40

See

abov

e (c

ompr

ehen

sive

sta

ndar

ds).

Conv

entio

n, 1

952

(No.

102

) (Pa

rt VI

)Em

ploy

men

t Inj

ury

Bene

fits

Conv

entio

n,

23Th

e Go

vern

ing

Body

dec

ided

:19

64 (N

o. 1

21)

(a)

to in

vite

the

Offic

e to

offe

r, in

app

ropr

iate

cas

es, t

echn

ical

as

sist

ance

with

resp

ect t

o Co

nven

tion

No. 1

21, i

nclu

ding

th

e di

ssem

inat

ion

of in

form

atio

n in

the

light

of t

he c

oncl

usio

ns

of th

e ge

nera

l dis

cuss

ion

on s

ocia

l sec

urity

that

was

hel

d at

th

e 89

th S

essi

on (J

une

2001

) of t

he C

onfe

renc

e;(b

)to

invi

te m

embe

r Sta

tes

to c

onte

mpl

ate

ratif

ying

this

Con

vent

ion;

(c)

to in

vite

mem

ber S

tate

s to

info

rm th

e Of

fice

of o

bsta

cles

or

diffi

culti

es e

ncou

nter

ed, i

f any

, tha

t mig

ht p

reve

nt o

r del

ayra

tific

atio

n;

Social security

66

Inst

rum

ents

Num

ber o

f St

atus

ratif

icat

ions

(d)t

hat t

he C

omm

ittee

on

Lega

l Iss

ues

and

Inte

rnat

iona

l Lab

our

Stan

dard

s re

-exa

min

e th

e st

atus

of C

onve

ntio

n No

. 121

in d

ueco

urse

.Em

ploy

men

t Inj

ury

Bene

fits

—Th

e Go

vern

ing

Body

has

invi

ted

mem

ber S

tate

s to

giv

e ef

fect

Re

com

men

datio

n, 1

964

(No.

121

)to

Rec

omm

enda

tion

No. 1

21.

Inst

rum

ents

wit

h in

teri

m s

tatu

s

Wor

kmen

’s Co

mpe

nsat

ion

(Agr

icul

ture

) 75

The

Gove

rnin

g Bo

dy d

ecid

ed to

mai

ntai

n th

e st

atus

quo

with

Co

nven

tion,

192

1 (N

o.12

)re

gard

to C

onve

ntio

n No

. 12.

Mat

ern

ity b

enef

it

Up

-to

-dat

e in

stru

men

ts

Soci

al S

ecur

ity (M

inim

um S

tand

ards

) 40

See

abov

e (c

ompr

ehen

sive

sta

ndar

ds).

Conv

entio

n, 1

952

(No.

102

) (Pa

rt VI

II)M

ater

nity

Pro

tect

ion

Conv

entio

n, 2

000

4No

. 183

)Th

ese

inst

rum

ents

wer

e ad

opte

d af

ter 1

985

and

are

cons

ider

ed

up to

dat

e.M

ater

nity

Pro

tect

ion

Reco

mm

enda

tion,

—

2000

(No.

191

)

Annexes

67

Inst

rum

ents

Num

ber o

f St

atus

ratif

icat

ions

Inst

rum

ents

wit

h in

teri

m s

tatu

s

Mat

erni

ty P

rote

ctio

n Co

nven

tion,

191

9 30

The

Gove

rnin

g Bo

dy d

ecid

ed:

(No.

3)

(a)

to in

vite

the

Stat

es p

artie

s to

Con

vent

ion

No. 3

to c

onte

mpl

ate

ratif

ying

the

Mat

erni

ty P

rote

ctio

n Co

nven

tion,

200

0 (N

o. 1

83),

and

deno

unci

ng C

onve

ntio

n No

. 3 a

t the

sam

e tim

e;(b

)to

invi

te th

e St

ates

par

ties

to C

onve

ntio

n No

. 3 to

info

rm th

e Of

fice

of th

e ob

stac

les

and

diffi

culti

es e

ncou

nter

ed, i

f any

, tha

t mig

htpr

even

t or d

elay

the

ratif

icat

ion

of C

onve

ntio

n No

.18

3;(c

)to

mai

ntai

n of

the

stat

us q

uo w

ith re

gard

to C

onve

ntio

n No

. 3;

(d)t

hat t

he C

omm

ittee

on

Lega

l Iss

ues

and

Inte

rnat

iona

l Lab

our

Stan

dard

s re

-exa

min

e th

e st

atus

of C

onve

ntio

n No

. 3 in

due

cour

se.

Fam

ily b

enef

it

Up

-to

-dat

e in

stru

men

ts

Soci

al S

ecur

ity (M

inim

um S

tand

ards

) 40

See

abov

e (c

ompr

ehen

sive

sta

ndar

ds).

Conv

entio

n, 1

952

(No.

102

) (Pa

rt VI

I)

Social security

68

Soci

al s

ecu

rity

of

mig

ran

t w

ork

ers

Inst

rum

ents

Num

ber o

f St

atus

ratif

icat

ions

Up

-to

-dat

e in

stru

men

ts

Soci

al S

ecur

ity (M

inim

um S

tand

ards

) 40

See

abov

e (c

ompr

ehen

sive

sta

ndar

ds).

Conv

entio

n, 1

952

(No.

102

) (Pa

rt XI

I)Eq

ualit

y of

Tre

atm

ent (

Soci

al S

ecur

ity)

38Th

e Go

vern

ing

Body

dec

ided

:Co

nven

tion,

196

2 (N

o. 1

18)

(a)

to in

vite

the

Offic

e to

offe

r, in

app

ropr

iate

cas

es, t

echn

ical

as

sist

ance

with

resp

ect t

o Co

nven

tions

Nos

. 118

and

157

, M

aint

enan

ce o

f Soc

ial S

ecur

ity R

ight

s 3

incl

udin

g th

e di

ssem

inat

ion

of in

form

atio

n in

the

light

of

Conv

entio

n, 1

982

(No.

157

)th

e co

nclu

sion

s of

the

gene

ral d

iscu

ssio

n on

soc

ial s

ecur

ity

that

was

hel

d at

the

89th

Ses

sion

(Jun

e 20

01) o

f the

Con

fere

nce;

(b)t

o in

vite

mem

ber S

tate

s to

con

tem

plat

e ra

tifyi

ng th

ese

Conv

entio

ns;

(c)

to in

vite

mem

ber S

tate

s to

info

rm th

e Of

fice

of o

bsta

cles

or

diffi

culti

es e

ncou

nter

ed, i

f any

, tha

t mig

ht p

reve

nt o

r del

ayra

tific

atio

n;(d

)tha

t the

Com

mitt

ee o

n Le

gal I

ssue

s an

d In

tern

atio

nal L

abou

rSt

anda

rds

re-e

xam

ine

the

stat

us o

f the

se C

onve

ntio

ns in

due

cour

se.

Mai

nten

ance

of S

ocia

l Sec

urity

Rig

hts

—Th

e Go

vern

ing

Body

dec

ided

:Re

com

men

datio

n, 1

983

(No.

167

)(a

)to

invi

te m

embe

r Sta

tes

to g

ive

effe

ct to

Rec

omm

enda

tion

No. 1

67;

(b)t

o in

vite

the

Offic

e to

offe

r, in

app

ropr

iate

cas

es, t

echn

ical

assi

stan

ce w

ith re

spec

t to

this

Rec

omm

enda

tion,

incl

udin

g th

edi

ssem

inat

ion

of in

form

atio

n in

the

light

of t

he c

oncl

usio

ns o

f the

gene

ral d

iscu

ssio

n on

soc

ial s

ecur

ity th

at w

as h

eld

at th

e 89

thSe

ssio

n (J

une

2001

) of t

he C

onfe

renc

e.

Annexes

69

Inst

rum

ents

Num

ber o

f St

atus

ratif

icat

ions

Inst

rum

ents

wit

h in

teri

m s

tatu

s

Equa

lity

of T

reat

men

t (Ac

cide

nt

120

The

Gove

rnin

g Bo

dy h

as in

vite

d th

e St

ates

par

ties

to C

onve

ntio

n Co

mpe

nsat

ion)

Con

vent

ion,

192

5 No

. 19

to c

onte

mpl

ate

ratif

ying

the

Equa

lity

of T

reat

men

t (So

cial

(N

o.19

)Se

curit

y) C

onve

ntio

n, 1

962

(No.

118

), an

d to

acc

ept t

he o

blig

atio

ns

of th

is C

onve

ntio

n in

par

ticul

ar in

resp

ect o

f its

bra

nch

(g)

(em

ploy

men

t inj

ury

bene

fits)

.Eq

ualit

y of

Tre

atm

ent (

Acci

dent

—

The

Gove

rnin

g Bo

dy d

ecid

ed to

mai

ntai

nCo

mpe

nsat

ion)

Rec

omm

enda

tion,

the

stat

us q

uo w

ith re

gard

to R

ecom

men

datio

n No

. 25.

1925

(No.

25)

Social security

70

915 social security - international labour organization...dawn of the xxist century. it concluded...

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