Migrant Social Protections

Extending
social
protection to
migrant
workers and
their families:
Challenges and
opportunities
Migration in ACP Countries :
Promoting Development and Enhancing Protection

Definition of Social Security

• Sickness
• Unemployment
Adoption of
public
• old age
measures • employment
to ensure
basic income injury
security to all • family
in need of
protection, to responsibilities
relieve and • Maternity
prevent
destitution • invalidity or
death


A worker is like a tightrope walker…

Social protection net
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So now for migrant workers…

What are the challenges


What are the challenges?

Migrant workers in a regular situation
In the country of
destination Temporary migrant workers
(during the migration period) Migrant workers in an irregular situation

In the country of origin
(if return)

Families of migrant workers


Restrictions to migrant workers’ social security
right under national legislation

Faced problems with regards to social
security coverage and entitlement to
benefits that national workers
Legislation

Social security systems are
established under national legislation
National

Social security systems are linked to
periods of employment, economic
activity or residence


Restrictions for Migrant Workers
under National Legislation

Principal of Territoriality

Principal of Nationality

Lack of social security and coordination
i.e. lack of bilateral or multilateral
social security agreements


So for migrant workers…

WHAT COULD BE THE
SOLUTIONS?


Policy options and instruments
 Coordination of social security rights of
migrant workers by:
•Multilateral agreements (ex : MERCOSUR)
•Bilateral agreements
 Protection of social security rights by
unilateral measures
 Protection of individuals
e.g. private insurance


1. International level


ILO Standards for the Protection of Migrant
Workers’ Social Security Rights
Equality of
Maintenance of
Treatment
Migrant Workers’
between Nationals
Rights
and Non-Nationals

The Equality of
The Maintenance
Treatment (Accident
of Social Security
Compensation)
Rights Convention,
Convention, 1925
1982 (No. 157) =
(No. 19) = 120
Ratifications 4 Ratifications!!!!

The Equality of
Treatment (Social The Maintenance of
Security) Social Security
Convention, 1962 Rights
(No. 118) = Recommendation,
37 Ratifications 1982 (No. 167)


C118 : Equality of Treatment - 1962
Equality of treatment (provision directly applicable):
•Each ratifying State shall provide equality of treatment with its own
nationals to the nationals of any other ratifying State, to refugees and
stateless persons
•Equality of treatment shall be guaranteed on the territory of the
ratifying State but also without any condition of residence on the
territory when residence abroad
•Equality of treatment applies to all branches for which ratifying State
has accepted obligations of the Convention, irrespective of whether the
other ratifying State has legislation in place regarding the benefit in
question (global reciprocity)
 9 branches of social security.
Maintenance of acquired rights and the export of benefits
Ratifying States shall endeavor to negotiate in good faith conclusion
of bilateral or multilateral instruments
States Parties shall offer each other administrative assistance free
of charge in order to facilitate the implementation of its provision
and of their respective legislation

C157: Maintenance of Social Security
Rights - 1982
• International system for maintenance of acquired
rights and rights in the course of acquisition

• Ensure effective provision of the benefits when
migrant workers return to their country of origin

• Provides for the conclusion of bilateral or
multilateral social security agreements

Recommendation 167 : model provisions
for conclusion of bilateral/multilateral
agreements


List of ratifications

4 Ratifications C.157
Philippines
Spain
Sweden
Kyrgyzstan

1 denunciation
Netherlands

Basic Principales of ILO Standards and
Bilateral and Multilateral Instruments

1. Equality of Treatment Between Nationals and Non-
Nationals
Non-national workers should have the same
conditions as national residents in terms of coverage
and entitlement to benefits.

2. Determination of Applicable Legislation
Social protection of migrant workers has to be
governed by a single law to avoid double benefits or
double obligation to pay social security contributions.
Rules must be set for calculation and payment of
benefits.


3.Maintenance of Acquired Rights and Provision of
Benefits Abroad
The rights acquired in other countries should be guaranteed to the
migrant workers. There should be no restriction on the payment of
benefits irrespective of the place of residence of the beneficiary
(export of benefits).

4. Maintenance of Rights in Course of Acquisition
The contribution period served in other country should be taken
into account when considering the qualifying period (principle of
aggregation).

5. Reciprocity and mutual administrative assistance
Facilitation of administrative arrangements through liaison bodies
to ensure a smooth coordination.

Problems regarding the Conclusion and
Implementation of Social Security Agreements

Social security systems of migrant sending countries
are insufficiently developed
 Impediment for conclusion of bilateral/multilateral agreements
on « reciprocal » basis
 Social security systems of migrant sending countries are
different to those of migrant receiving countries

e.g. widespread use of provident fund systems

 Administrative capacity is insufficient
to ensure that contributions are paid
to ensure that contributions are remitted in cost efficient way
to ascertain whether all required conditions are satisfied
to distribute periodically for several years social security
benefits

2. National level


Protecting Social Security Rights
through Unilateral Measures
Country of Employment (Labor Receiving Country)
 Equality of treatment for national and migrant
workers as regards coverage of and entitlement to
social security benefits
 Payment of benefits abroad
If not possible: Reimbursement of contributions
 Crediting periods of insurance completed in another
country for the purpose of giving immediate access
to benefits
 Waiving long qualifying periods in favour of migrant
workers


Protecting Social Security Rights
through Unilateral Measures
Country of Origin (Labor-Exporting Country)

 A requirement (liability) on recruitment agencies to pay
social security contribution to the national social
security system for each worker recruited for
employment aboard
e.g. Indonesia and Philippines
 Voluntary insurance for nationals working abroad
e.g. France, Jordan, Philippines
 Possibility of covering retroactively missing insurance
periods
 Medical coverage for family members who are left
behind and for returning migrant workers
 Government-sponsored Foundations

3. What migrant workers could
do by their own?


But Migrant workers can also…

 Join a voluntary insurance scheme
 Subscribe to complementary pension scheme
EX : France the CRE – Caisse de retraite des expatriés
 Organize at community level/diasporas + setting up
of Health Micro Insurance schemes
EX : Operation « parrainage santé » through
sponsorship/remittances- ECOLABS Programme
Association – West Africa and Migrant workers in Ghana
working in pineapple exports

!!! Importance of remittances: important proof
of capacity of contribution!!!


The use of remittances


HOLD ON!

DID WE TALK ABOUT THE SP OF ALL
MIGRANT WORKERS????

Migrant workers in irregular
situations
Working in the informal economy (no contributions)

 Working most of the time in “3D” jobs (construction –
agriculture, domestic workers…)
• Dangerous
• Degrading
• Dirty
 Deportation without recovering the social security
benefits

 No access to emergency medical care

 Micro-insurance schemes as a solution?

Social Security Rights of Irregular
Migrant Workers
Relevant ILO social security standards are silent regarding
the protection of migrant workers in an irregular situation

Exception:
Article 9(1) of the ILO Migrant Workers (Supplementary
Provisions) Convention, 1975 (No. 143), which stipulates that
irregular migrant workers shall have the same rights as
regular migrant workers concerning social security rights
arising out of past employment

Ratifications: 23


ILO’s recommendation
ILO Tripartite Meeting of Experts adopted in 2005 “The ILO Multilateral
Framework on Labour Migration: Non-binding principles and guidelines for a
rights-based approach to labour migration”, which lies down the following

“(9.9.) entering into bilateral, regional or multilateral agreements to
provide social security coverage and benefits, as well as portability of
SS entitlements, to regular migrant workers and, as appropriate, to
migrant workers in irregular situation”

(“9.10.) Adopting measures to ensure that migrant workers and
accompanying family members are provided with health care and, at a
minimum, with access to emergency medical care, and that regular
migrant workers and accompanying family members receive the same
treatment as nationals with regard to the provision of medical care”


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