Cambodian garment worker got it covered - Cambodia 2023

Gnil, 38 years old is a Cambodian garment worker, member of CLC. Before Mrs. Gnil was unaware regarding the social security system of Cambodia (National Social Security Fund or NSSF), which covers health insurance, work accidents and pension. So when Mrs. Gnil had a health problem, she would go to the hospital or to the doctor and spend a lot of money on medicines and health checks. But she attended a training from CLC where experts of the NSSF explained the social security law, the benefits workers can avail through the social security system. After the training she had a clear understanding of the NSSF and how to apply for its benefits. Mrs. Gnil got access to the NSSF and if she falls sick now, she can consult a doctor and obtain her medicines for free, so she can save money for her family. When she gave childbirth, she also received financial support from the NSSF for several months.

In the companies where there is a union, it is possible to get access to the NSSF and to save on health spending, because expenses due to sickness or a work accident are covered by the social security.

Saving money because of social security - Cambodia, 2022

TESTIMONY 

Name: Mrs. Gnil Kimy

Age :  38 years old

Nationality: Cambodian

Profession: garment worker

Before Mrs. Gnil was unaware regarding the social security system of Cambodia (National Social Security Fund or NSSF), which covers health insurance, work accidents and pension. So when Mrs. Gnil had a health problem, she would go to the hospital or to the doctor and spend a lot of money on medicines and health checks. But she attended a training from CLC where experts of the NSSF explained the social security law, the benefits workers can avail through the social security system. After the training she had a clear understanding of the NSSF and how to apply for its benefits. Mrs. Gnil got access to the NSSF and if she falls sick now, she can consult a doctor and obtain her medicines for free, so she can save money for her family. When she gave childbirth, she also received financial support from the NSSF for several months.

In the companies where there is a union, it is possible to get access to the NSSF and to save on health spending, because expenses due to sickness or a work accident are covered by the social security.

Some results by intervention strategy...

Social security: 

1.100 union leaders and workers, of which 30% women and 35% younger than 35 years, were reached through actions focusing on giving better access to social security, through awareness raising initiatives, basic and advanced training, legal assistance and support, research and advocacy to decision makers. For many workers it is not easy to join the trainings because during the day the workers need to focus on their work, as they don’t want their salary to be cut or to be dismissed.

CLC had a chance to lobby, advocacy and bring up workers’ problems with the quality of the NSSF services, as its president is sitting in the board of the NSSF.  Within CLC a committee was established in 2022 for Examining, Monitoring and Evaluating the Implementation of Social Security Scheme. One result of its actions is that from 1st October on the new pension scheme is being implemented and that in the agricultural sector an additional 500 members have registered in the NSSF.

Research on Inequality and social security in Asia-Pacific

A very interesting research was done by Development Pathways for the United Nations Development Program (UNDP), about Inequality and social security in the Asia-Pacific Region. The paper argues that high income inequality can engender a wide range of negative impacts an that investments in social security (universal schemes where contributory and tax financed mechanism are combined) are one of the most effective means of tackling inequality.  The report demonstrates that, both globally and in the Asia-Pacific region, universal social security systems are much more effective than poverty-targeted systems in reducing inequality. If countries in the region make the move to modern, universal lifecycle systems, the impacts on inequality would be impressive. And, the more that countries invest, the higher will be the impacts on family wellbeing, employment, social cohesion and economic growth.

You can read the full paper here.

India: Model Operating Procedure for registration of Migrant and Unorganized Workers in National Database

The Working People's Charter, which involves some of the WSM partners  in India, has drafted this statement related to the standard operating procedures to register unorganized or migrant workers in a database for the e-shram portal and social protection schemes. 

Context

In the Suo Moto Writ Petition (Civil) No.6 of 2020 with Writ Petition (C) No. 916 of 2020 the Supreme Court gave the following direction on 29th June 2021 with respect to registration of unorganized workers:

“Central Government to develop the Portal in consultation with National Informatics Centre (NIC) for registration of the unorganized labourers/migrant workers. We also impress upon and direct that the Central Government as well as the respective States and the Union Territories to complete the process of Portal for registration under National Data Base for Unorganised Workers (NDUW Project) as well as implement the same, which by all means may commence not later than 31.07.2021. We also impress upon and direct that the process of registration of the unorganized labourers/migrant workers is completed at the earliest, but not later than 31.12.2021. All the concerned States/Union Territories and the Licence Holders/Contractors and others to cooperate with the Central Government to complete the process of registration of migrant workers and unorganized labourers so that the benefits of the welfare schemes declared by the Central Government/State Governments/ Union Territories be available to migrant workers and unorganized labourers for whose benefits the welfare schemes are declared”

It has been more than two months since this direction was given to the Central and State Government. Information regarding the concerned Government’s action plan to comply with the direction as per the time frame mentioned is not available in the public domain. We are aware of sporadic measures like surveys being conducted for instance by the Government of Delhi, but are not informed of the larger framework of implementation within which State led initiatives are being undertaken.

At present, there is no centralized national database of unorganized workers in India, in spite of enabling legal mandates under the Unorganized Workers Social Security Act 2008. A collective of worker groups, civil society organizations and academics who have worked extensively towards issues of labour rights have taken the initiative to build a “Model SOP” for registration of workers, which if implemented can ensure that the Government complies with the orders of the Supreme Court. The model SOP can be used by civil society groups, in individual and collective advocacy efforts, to push the Government at the Centre and State level to honour the directions of the Supreme Court in letter and spirit. SAFAR and Working Peoples’ Charter intend to prepare such a SOP by consulting and taking inputs from a range of trade unions, worker groups, campaigns, networks, activists, academics and subject matter specialists such that the contents of the SOP reflect collective priorities through a democratic and participatory manner. The basic objectives of this SOP are to empower unorganized workers, the Central Government and the State Government in India through following:

1. Creation of a portable national database of all unorganized workers in India which will facilitate their unhindered access to multiple social security benefits
2. Provide a unique registration number for each unorganized worker in India, so that she/he can claim and access entitlements, services and benefits from any place in the country 
3. Link potential employers with the unorganized workers

Introduction 

The Indian economy is broadly divided into organised and unorganized sectors and with growth of economy, the organized sector is stagnant (in fact formal employment is shrinking) and unorganized sector is expanding or informal employment is increasing. Out of the estimated workforce of 474 millions, 17 percent (about 82 million) is employed in organized sector and 83 percent (about 392 million) is employed in unorganized sector. In general unorganized is informal also but about 55 percent of the workers in organized sector are also employed informally. In total about 92 percent of the total workers are engaged in the informal employment and majority of them have low earning and without any social protection. Out of the total informally employed workforce - 56 percent are self employed, 11 percent are regular salary wage earners and 33 percent are casual workers seeking employment on daily basis. (It is from 68 NSSO round, but have to check recent one)

The unorganized sector makes a significant contribution to the national wealth, yet workers in this sector do not have access to sufficient and reliable social security. These workers adopt informal strategies which are very expensive and their continued dependence on such strategies only rendered them more vulnerable. A vast majority of them do not have a fixed employer. There is a poor employer-employee relationship. With the enactment of the Unorganized Workers Social Security Act 2008, The Government of India has created a right based legal framework for providing social security benefits to the unorganized workers. According to section 10(1) of the Unorganized Workers Social Security Act 2008, it mentions that every unorganized worker shall be eligible for registration subject to the fulfillment of the conditions. 

Definition of Unorganised Workers

As per the Unorganised Worker Social Security Act 2008 a worker should be recognized as an unorganised worker if he/she fulfills any or all of the following definitions:

• Self-employed worker (full time/part time) 
• Wage worker- who does not get covered under social security net as per Unorganised worker Social Security Act (full time/part time) 
• In case a worker is covered either in EPFO, ESIC or any other four acts as mentioned in schedule II of the Act, he/she is not an unorganized worker.
• 18 years-age till the person receives pension

Minimum principles to govern the process of registration of workers: 

Self-declared information shared by workers has to be treated as true, unless proven wrong. Onus of proving veracity of information is on the State, and not on the individual worker. 

Recognizing that, despite best efforts, the modes of registration can be corrupted or blocked, multiple modes (online and offline) and routes (multiple spatial access points) must be provided by the State in order to make it progressively difficult to inhibit attempts made by workers to register in a free and fair manner. Additionally, the state must make efforts to reach the worker more than expect the worker to come to it through organizing registration camps, door-step registration services etc. 

Workers who have been registered on existing government portals / lists should not be asked to re-register themselves. Their inclusion in the NDUW should be automatic. In such a case of an auto-enrollment, worker’s unique registration number should be communicated to the worker by SMS on the given phone number and the worker’s registration card should be sent by post to the address in the database. However, if a person who is registered on any of the portals or lists appear at the registration desk, s/he should not be denied registration. An acknowledgement receipt with the ID, list from which the name has been pulled, and status (active / inactive / pending for renewal etc.) should be given along with the physical copy of worker’s registration ID card. 

Workers who have any state approved ID/private document proving authenticity of information being states, have the option of submitting the same at the time of registration. However, no document beyond self-declaration will be required from workers in order to register themselves on the NDUW. A worker wishing to register himself/herself shall not be required to give any proof or any other personal details except those that may be necessary for contacting him/her. 

It shall be the responsibility of the State/Central Government to take pro-active steps to reach the worker and facilitate him/her through the process of registration and other incidental activities, instead of relying on the worker to contact the State/Central Government 

Transparency of information to workers – The Government must put in place mechanisms through which the workers are made fully aware about all the information regarding the registration process like know what registering to this database means, what benefits it will give them, and who will have access to the information to name a few. 

Principle of portability - all workers can register anywhere, get info anywhere, access a center anywhere – no “home state” for registration – Benefits and coverage that follow from the ID must be accessible anywhere in India and should be designed that way.

Inclusion of worker organisation including trade union and voluntary organisations engaging with unorganized sector should be rope in for registration and awareness drive.  

Process of registration

As mandated under Section 9 of the Unorganized Workers Social Security Act, 2008 the State Government shall set up ‘Worker Facilitation Centres’ at the Gram Panchayat and Ward level to facilitate the filling, processing and forwarding of application forms for registration of unorganized workers

In addition to the Worker Facilitation Centres at the Gram Panchayat and/or Ward Level, the State Government should ensure access of workers to multiple modes of registration. Workers/Employers/Trade Union or any worker organisations working in the unorganized sector on behalf of workers should also be able to register through the following ways:

• Labour Offices 
• Helpline (govt and non govt run both)
• Web Portal
• Ration Dealer/ Post Office / Government Schools / Anganwadis / PHCs / Railway Stations / Metro Stations / Bus Stations / Booth Level Workers 
• CSC network 
• Gram Panchayat and Municipal Corporation

Govt may charge nominal fee @Rs 20 or less for the process of registration 

The process of registration will be ongoing through the year. There will be no cut-off date beyond which workers cannot register themselves 

Registration of workers will be renewed automatically, unless workers report a change in parameters by themselves

All those who register themselves on the NDUW will be provided with a dated acknowledgement slip at the time of registration which will contain the following details:

1. Name of applicant for registration 
2. Date on which application for registration being submitted 
3. Location where application for registration being submitted 
4. Unique ID of the Application 
5. Name, designation and contact details of the functionary who has received the application for registration 
6. Date by when the worker will receive the ID card 
7. Details of how the worker can file a grievance as per provisions of Section 7
8. The dated acknowledgement slip should contain the following information at an appropriate location
9. No documents will have to be submitted by the worker at the time of registration 
10. The time period should be prescribed - which should not be more than two weeks. 
11. The dated acknowledgement slip provided to the worker at the time of registration should be considered as the registration ID until the worker is provided with the latter.

Workers will be provided with an ID Card within 15 days of submitting an application for registration which will include a unique registration number of a worker. Until this is provided, as stated above, the dated acknowledgement slip provided to the worker at the time of registration shall be considered as the unique registration ID of the worker.

The Central and State Government will access the database of workers registered under existing portals, and add the same to the National Database for Unorganized Workers. Workers registered under existing schemes/programmes will not be required to re-register on the National Database once again. If there is additional information that ought to be collected from Workers registered under existing schemes/programmes, it will be the responsibility of the concerned Gram Panchayat / Municipal Corporation to update the same. 

The State Government may consider deploying the Nehru Yuva Kendra Cadre, National Social Service Cadre, National Cadet Corps to assist with registration, given Labour Departments across the country are understaffed. Additionally, the State Governments should actively involve worker organizations, empanel unions, federations, and labour collectives working in the State for the registration process. 

Functions/Fields for registration of unorganized workers

• Full Name of the worker (Mandatory) 
• Date of Birth (Mandatory) 
• Age (Mandatory) 
• Permanent address (Mandatory) 
• Current address (Mandatory) 
• Mobile Number (Mandatory) 
• Gender (Mandatory. Male/Female/Transgender/Other) 
• List of main occupations (Mandatory) (Annexure 1) 
• Marital status (Not Mandatory) 
• Is HOF(Head of Family)
• Caste Category( SC/ST/OBC/General) (Non Mandatory) 
• Aadhaar Number (Non-Mandatory) 
• Email id (Non- Mandatory)
• Bank account number (Non-Mandatory) 
• Bank IFSC Code (Non-Mandatory) 
• Bank type (Non-Mandatory) 
• Person with Disability (PwD) (Yes/No) (Non-Mandatory) 
• Percentage of disability if disabled (Non-Mandatory) 
• Disability type if disable (Seeing, Hearing, Speech, Movement, Mental Retardation, Mental Illness, Other disability, Multiple disability) (Non-Mandatory) 
• BPL Category (Yes/No) (Non-Mandatory) 
• Ration card number (Non-Mandatory)

Workers who have any state approved ID/private document proving authenticity of information being states, have the option of submitting the same at the time of registration. However, no document beyond self-declaration will be mandatorily required from workers in order to register themselves on the NDUW. A worker wishing to register himself/herself shall not be required to give any proof or any other personal details except those that may be necessary for contacting him/her. 

Automatic inclusion list and exclusion list

Workers registered under different schemes and boards will be automatically included in the NDUW with a unique identifier indicating that their details have been ported directly from other databases. At the time of distribution of material benefits to workers registered on the NDUW, the unique identifier will ensure that workers registered under different schemes and boards do not receive double benefits.

• Time-bound redress of grievances faced by workers in the process of registration and other issues
• The Booth Level Officer (BLO) will be appointed as the Grievance Redress Officer in their respective jurisdictions.
• The name and contact details of the concerned BLO will be proactively disclosed at Worker Facilitation Centres and all physical locations at which registration of workers is taking places in a prominent fashion.
• Workers facing any grievance in the process of registration will be able to file a complaint with the Booth Level Officer in writing, or through calls, SMS and web portals dedicated for the purpose of receiving and directing grievances to the appropriate BLO

All grievances received by the BLO in writing or through calls, SMS and web portals will be acknowledged with a dated acknowledgement slip which will contain the following details:

• Name of complainant 
• Date on which complaint filed 
• Description of complaint 
• Location of complaint 
• Time frame within which the complaint should be redressed 
• Name, designation and contact details of the BLO who has received the complaint

All grievances filed by workers will be responded to and redressed within 15 days of the grievance being filed. 

Transparency

All information collected and generated in the process of registration of workers under the NDUW will be publicly disclosed as per Section 4, RTI Act through a real time, transaction-based Worker Information System (WIS) set up for the purpose.

Applicants will be able to track the status of their application for registration, look up their registration number, download a registration certificate as many times, request an SMS with the registration information etc. through the WIS. In addition to these, wall painting should also be carried out in Panchayats and Ward offices in Municipalities by putting out the name of people who are registered.

All registered workers will be provided with a physical Registration ID Card, that will be provided at their current physical address. Workers should also have an option to download the Registration ID Card from the WIS anytime, anywhere by providing their registered phone number and unique registration number. The Registration ID Card provided to the worker physically, and the Card downloaded through the WIS will be treated equal in terms of sanctity. The Registration ID Card will contain the following details: 

1. Name of worker 
2. Unique Registration ID Number 
3. Date of registration 
4. Details of benefits provided to the worker 

Employment categories of Unorganized Workers 

1.  Agarbatti making
2.  Agriculture
3.  Agriculture machinery handling
4.  Animal Husbandry
5.  Arrack and liquor production and vending
6.  Automobile work
7.  Bakery work
8.  Band playing
9.  Bangle manufacturing
10.Beads making / piercing
11. Beautician
12. Beedi manufacture
13. Bicycle repair
14. Bindi work
15. Blacksmithy
16. Boat/Ferry occupation
17. Book binding
18. Brick kiln work
19. Brush making
20. Breweries Distilleries
21. Building and road maintenance
22. Bulb Manufacturing
23. Bullock/Camel-cart operation
24. Butchery
25. Cable TV operation
26. Cane/Reed work
27. Carpentry
28. Carpet weaving
29. Cashew processing
30. Catering
31. Chikan work
32. Cine service
33. Cloth printing
34. Clubs and canteen services
35. Coaching services
36. Coir processing/manufacture
37. Confectionery
38. Construction work
39. Construction of tents and pedals supply of utensils and decoration for function
40. Courier service
41. Dairying and allied activities
42. Data entry operations
43. Distribution of petroleum products
44. Domestic work
45. Dyeing
46. Electronic, electrical goods repairs
47. Electroplating
48. Embroidery work
49. Envelope making
50. Firework cracker production
51. Fishery production
52. Fish processing
53. Flora work and garland making
54. Flour mills operations
55. Footwear production
56. Forestry operation
57. Foundry
58. Gardening and parks maintenance
59. Garment manufacture
60. Gems cutting
61. Ginning
62. GIG/Platform Economy 
62. Glassware manufacturing
63. Goldsmithy
64. Hairdressing
65. Handloom weaving
66. Hawking and vending
67. Headload work
68. Health service
69. Honey gathering
70. Horticulture and floriculture
71. Hotel and restaurant service
72. Lock making
73. Manual operation of unspecified jobs
74. Masala making
75. Matches manufacture
76. Minor forest produce gathering
77. Minor mineral and mines work
78. Newspaper vending
79. NGO services
80. Oil extraction 
81. Packing and packaging
82. Panwalla services
83. Pappad making
84. Petrol bunk/pump and allied services
85. Pickle making
86. Plantation
87. Plastic manufacture
88. Pottery
89. Powerloom weaving
90. Printing press work
91. Quary work
92. Rag picking
93. Rice Milling
94. Rickshaw pulling
95. Salt pan work
96. Sand mining
97. Sawmill work
98. Scavenging
99. Security services
100. Sericulture (Silk rearing)
101. Service station work
102. Shepherding
103. Shoe shining work
104. Shop and establishment work
105. Small-scale industries
106. Soap manufacture
107. Sports good manufacturer
108. Steel vessels and utensils manufacture 
109. Stone crushing
110. Tanning(including hides and skin production) leather goods manufacture
111. Telephone booth service
112. Sweeping
113. Temple leaves collection
114. Tendu leaves collection
115. Timber industry(Furniture manufacture)
116. Tobacco processing
117. Toddy tapping
118. Toy making
119. Transport service(driving, conducting, cleaning) etc.
120. Laundry work
121. Wayside mechanics and workshop service
122. Welding
123. Any other occupation that is not listed above, but the worker declares as his/her occupation. This occupation will be periodically added to the above list. 

These employment categories in the unorganized workers are a suggestive list and should not be limited to just these. Additionally, if any new category emerges through workers’ response during the time of registration under 123, it should become a new category on the WIS too. Workers must be allowed to choose any number of categories of works at the time of registration and should not be restricted to choose a fixed number.

Migrant, garment workers and social security - Indonesia in 2019

Yusi Candi is a migrant worker who worked in Saudi Arabia. She was struck by disaster while working abroad but now her condition has improved. Currently Yusi works as an honorary teacher in a kindergarten in Karawang district, where she previously had worked as a migrant worker. Yusi didn’t not know all of her rights and obligations as a migrant worker until she had an accident. In Indonesia she was assisted by SPMI and she learned why for prospective migrant workers it is important to be recruited through legal channels. She now passes on the information to other migrant workers , whom plan to go working abroad.Yusi also played an active role in her area helping with the handling of cases of abused migrant workers for SPMI. She’s also thinking of becoming an organizer for SPMI in her living area, aside from her job as a teacher. That way Yusi hopes she can contribute to the trainings of SPMI in this area, so she can provide a better understanding and training to migrant workers before they go abroad on how to migrate in a legal way, and what are the legal rights of Indonesian migrant workers going abroad. Because in Yusi’s living area there are still many illegal departures.

Political, economic and social context
Presidential elections were held on 17 April 2019. Incumbent president Joko Widodo won 55,5 % of all votes, while his opponent Prabowo Subianto lost the election with 44,5% of the votes. However, as in 2014, Subianto was not ready to accept the result and petitioned the Constitutional Court to cancel the results of the election, bringing fraud allegations against Widodo. This created a lot of political tension, with protesters rioting in the streets of Jakarta. In the end the Court ruled against the petition of electoral fraud and upheld Widodo’s victory. In October President Widodo surprisingly appointed Subianto as Defense Minister in his new government. The new cabinet introduced a draconian package of economic reforms, also known as the ‘OMNIBUS – law’. The Indonesian government says the goal of the package is to create jobs and to increase competitiveness through simplification of existing laws, making it easier for businesses to invest. However, partner organization KSBSI says that the ‘OMNIBUS – law’  (which is actually a cluster of 74 different laws, divided over 11 policy areas) will substantially remove the existing protection mechanisms for workers that have been created over a period of 20 years, not in the least the Labour Law of 2003 and the Law concerning Trade Unions of 2000. Together with two other trade union confederations KSPI and KSPSI, KSBSI has reactivated the union platform MPBI, to lobby against the enactment of the OMNIBUS – law.

India passes two of the four proposed and controversial labour codes, with dire consequences for workers, especially informal

From the Working Peoples Charter:
On July 4, the Economic Survey argued that a higher national minimum wage is central to addressing inequality and widespread poverty in the country. A couple of weeks later, the government of India trashed its own analysis by proposing a “starvation wage” of Rs. 178 a day. The Central government hit the nadir with a minimum wage hike of Rs. 2! Experts allege that it is a precursor of what is in store for millions of workers as the cabinet passed two of the four proposed labour codes – Code on Wages as well as the Code on Occupational Safety, Health and Working Conditions.

 Working people are a national asset - undermining their well-being is the biggest anti-national act. Need based Minimum Wage should be guided by Supreme Court jurisprudence laid down in Raptacos case, which is based on principles and test laid down by judiciary, and if any committee, any advisory board decided below this, has to give reason and recommendation.

The two codes were tabled for discussion yesterday by Sri. Santosh Gangwar, Minister of Labour and Employment. With this the Parliament has struck the proverbial hammer on the fate of millions of workers, robbing them of the possibility of decent work and wages, omitting the principles of determining minimum wages, an equal workplace and avenues for access to justice. Primarily driven by the interests of the industry, this predatory piece of legislation is all set to alter the labour protection landscape in India beyond repair and reclaim. It clearly shows that there is a clear drive to `informalise the formal` or `levelling down` which has been central to the overall architecture of the emerging labour regime.

This predatory piece of legislation is all set to alter the labour protection landscape in India beyond repair and reclaim.  With this the Parliament strikes the proverbial hammer on the fate of millions of workers, robbing them of the possibility of decent work and wages, an equal workplace and all avenues for access to justice.

Improvements in 2018 for the new Indonesian Social Security

2018 saw the further implementation of the reformed National Social Security System and the expansion of the social security coverage, including the health insurance. At multiple moments KSBSI invited officials from the Health Insurance Body and the Social Security Body to discuss the various difficulties with the implementation of the different schemes, such as the contributions to be paid by employers and by workers. Nevertheless there were some breakthroughs:

• hospitals are now obliged to accept any patient and to ask for reimbursement for the expenses from the Health Insurance Body rather than from the patients themselves. 
• The policy on ‘Coordination of Benefits’ between the public social security and private company schemes has been clarified now.

Indonesian migrant workers get access to the regular social security schemes
The new Indonesian Migrant Workers’ Law for which the partner organisations advocated came into effect in November 2018. This law gives more and better protection to Indonesian migrant workers going abroad to work, mainly by making placement, recruitment and protection of migrant workers a responsibility of the state. A new regulation stipulates that migrant workers can have access now to the regular work accident scheme, the death insurance and to old age insurance (a kind of retirement savings). The actions of KSBSI and SBMI in 2018 focused on the dissemination of the new law to the migrant workers and on the negotiation of and advocacy for village level and district level regulations,  needed to execute the law.

Social Security Coverage for all Nepali workers

Another major issue we have been working on with WSM support is social protection, where we were able to draft a position paper on behalf of all the trade unions, which was used as the main tool while bargaining with the employers and the government, and that I think led to a milestone for social security in Nepal.  Ramesh Badal, GEFONT and Steering Committee member for Nepal.

New historic social security legislation was passed in July 2017, after 18 years of lobbying by the trade unions, WSM partners. A universal social security bill was passed which has paved the way for the government to four main social security schemes. For the very first time, all those working in formal and informal sectors will be covered by unemployment, maternity, health, accident, old age and disability benefits. Workers will contribute 11%, while employers 20% and the government will ensure the management of the system. The 27th of November was declared National Social Security Day, to be celebrated yearly and offering an opportunity to yearly remind the government of its now very public commitment. And of course, WSM partners as trade unions gathered many of their members across the country to celebrate and inform workers of these new rights, and they'll be there to help ensure the government rolls out all these schemes and doesn't just stop at these four basic schemes.

India: Draft Social Security Code: what does it mean for unorganized workers and domestic workers

The Indian Government is in the process of replacing 44 labour laws by 4 codes namely Wage Code, Industrial Relations Code, Social Security Code, Occupational Health and Safety Code. All four Codes were meant to simplify the existing Labour laws, but end up watering down workers’ rights, in order to promote ease of doing business. 

The Social Security Code would replace 15 existing Social Security Acts. The main problem for NDWM is that it interferes with all the existing Welfare Boards. There will be only one single Social Security Board for both organized and unorganized workers in every state. This would make the numbers dealt with by this Board huge and very difficult to manage.  Deductions towards the Social security Fund would be 12.5 % from workers and 17.5 % from employers, which would seriously affect unorganized labour. 

Nepal making strides towards social security

 While in many places, social security is under threat, in Nepal, new historic social security legislation was passed and last week they started the implementation.

In July 2017, after 18 years of lobbying by the trade unions, WSM partners, a universal social security bill was passed which has paved the way for the government to four main social security schemes. For the very first time, all those working in formal and informal sectors will be covered by unemployment, maternity, health, accident, old age and disability benefits. Workers will contribute 11%, while employers 20% and the government will ensure the management of the system.

Of course, passing legislation is an important step, but to guarantee implementation, it needs to be widely known and accepted. In an unprecedented PR move, the government took out adds in all newspapers, covering the entire first page with this news, SMS were send to subscribers, billboards were placed all over town to graphically show the four schemes. The 27th of November was declared National Social Security Day, to be celebrated yearly and offering an opportunity to yearly remind the government of its now very public commitment.

And of course, WSM partners as trade unions gathered many of their members across the country to celebrate and inform workers of these new rights, and they'll be there to help ensure the government rolls out all schemes and doesn't just stop at these four basic schemes.

EU can easily help promote an Employment Injury Scheme for Bangladeshi garment workers

While GK, one of WSM's partner in Bangladesh, focuses on a pilot project which is providing overall health insurance for over 35.000 garment workers, in the period since the Rana Plaza and Tazreen claims were paid, the ILO has spearheaded a project, funded by the German government, to develop concrete proposals for a national Employment Injury Insurance (EII) scheme that have been shared  and discussed with all relevant stakeholders. According to a paper published the Clean Clothes Campaign, the proposals as drafted also met with broad acceptance among the key parties, including the national trade union centres; most of the outstanding questions are  centred on how the scheme will be financed. Yet, over the last two years this work appears to have stalled and momentum towards meeting the 2020 deadline is being lost.

The establishment of a national employment injury insurance (EII) scheme in Bangladesh is the only way to ensure that the rights of those injured at work are protected and that their families receive the loss of income payments and medical care they are entitled to.  Any such scheme must be permanent and be set up to provide loss of income payments and medical care to any worker injured or killed at work, regardless of fault. The scheme needs to provide life time pensions,  rather than lump sums and to put in place a permanent  system for claiming and receiving such payments that is easy to access, difficult to corrupt and paid in a form that is most appropriate for low wage workers.

A meaningful EII scheme needs to be mandatory, state run and universal. Employer insurance schemes - where individual employers take out insurance to cover their own workers - are not in line with international standards and are particularly inappropriate in a context where the enforcement of basic employer obligations is weak and the employment relationships are often informal. Attempts to privatise the obligation to provide employment insurance is likely to leave the majority of workers – particularly those employed in smaller or subcontracted factories – without any protection and will do little to improve the measures already in place.



Bangladesh is no longer a country defined by its poverty and there is no excuse for the lack of social security provisions, which leaves workers permanently vulnerable to disaster or accidents. The garment industry has  played a vital role in bringing foreign investment into the country and its workers have the right to expect that some of these profits are invested into systems that will reduce this vulnerability and provide livelihood security.

With upcoming June meeting in Brussels on the Sustainability Compact between the EU and Bangladesh, this item should definitely be on the agenda.

Launched today: Social protection Toolbox

The social protection team at the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) has launched the new Social Protection Toolbox @ www.socialprotection-toolbox.org It is packed full of content to support policy makers and other stakeholders in Asia and the Pacific to build inclusive social protection schemes, with:

• More than 100 good practices from around the world that show what others are doing to build inclusive legal frameworks, schemes for those in poverty, for persons with disabilities and universal schemes for all.
• E-learning guides that have been developed together with Development Pathways and show how investing in inclusive social protection can accelerate progress towards the SDGs, why universal schemes are better at reaching the poor than targeted schemes, and what policy options to consider when designing inclusive schemes. 
• An interactive assessment tool that will help you identify coverage gaps in your country and find out how to close them based on the steps other countries are taking to fill similar gaps.
• An animation that illustrates what social protection is and why it is important for Asia and the Pacific in about 2 minutes.
• A quiz that tests your knowledge and reveals thought-provoking facts about social protection in Asia and the Pacific.
• Our latest publications, covering a variety of topics related to social protection, poverty and inequality.

And there’s more to come! Over the coming months, the social protection team at ESCAP will be adding new e-learning guides on how to administrate and finance social protection, how to advance social protection for persons with disabilities and a series of new publications that will explore inequality through a multidimensional lens. Hopefully this will help to move toward universal social protection that leaves no one behind in Asia and the Pacific.

The two lives of social protection: the tale of cash transfers and social security

Why does one type of social protection gets (almost) all the attention while the other is shunned?

A interesting article by RASMUS SCHJOEDT  of Development Pathways I'd like to share, because it not only provides some insight in the logics (the political economy) of traditional development cooperation, but als a good summary of arguments for rights based, universal and life cycle social security systems.

http://www.developmentpathways.co.uk/resources/two-lives-social-protection-tale-cash-transfers-social-security/

Cambodia's new social protection policy framework reviewed

In 2017, the Royal Government of Cambodia published a new Social Protection Policy Framework (SPPF), providing an ambitious vision for a social protection system in which a comprehensive set of policies and institutions operate in sync with each other to sustainably reduce poverty and vulnerability.The Social Protection System Review of Cambodia prompts and answers a series of questions that are crucial for the implementation ofthe framework : How will emerging trends affect the needs for social protection, now and into the future? To what extent are Cambodia’s social protection instruments able – or likely – to address current and future livelihood challenges? How does fiscal policy affect social protection objectives?

This OECD review provides a contribution to the ongoing policy dialogue on social protection, sustainable growth and poverty reduction. It includes four chapters. Chapter 1 is a forward-looking assessment of Cambodia’s social protection needs. Chapter 2 maps the social protection sector and examines its adequacy. An investigation of the distributive impact of social protection and tax policy is undertaken in Chapter 3. The last chapter concludes with recommendations for policy strategies that could support the establishment of an inclusive social protection system in Cambodia, as envisaged by the SPPF.

2014-2016 impact: Illustration Social Security: India: NDWM's strategy to distribute pending social pensions

Kerala: campaign organized at Secretariat in the capital has resulted in the decision of Govt. to distribute the pending social pensions to the Domestic Workers. The campaign was a result of joint discussions of the domestic workers in the regional level meeting. The group has identified that the campaign as a strategy to fight for their rights.

Jharkhand: We have been working on the themes of Labour Rights and Social Protection in the past years through the WSM program. Both these themes are very relevant to our situation in India as a whole. During the last WSM program (pre-2014) we in Jharkhand first worked on the theme of labour rights and through different means and strategies got the Department of Labour to fix the wages for domestic workers. This was a success. Then we took up the issue of social protection. For almost two years along with our leaders we met the concerned Ministers and Government officials a number of times and requested them to implement the Social Security Act, but all in vain. Then in the end of 2012 we filed a Public Interest Litigation (PIL) in the High Court of Jharkhand requesting the Court to intervene in this matter.

The year 2014 is special for us as the High Court gave a positive verdict on our behalf and gave clear directions to the Government to take steps implement the Act. This implies that the Government has no choice but to implement the Act in its true sense. For NDWM it is an achievement, because, the State was very cool about the social protection issues and now is forced to act, otherwise the petitioner, that is, NDWM can file a contempt of Court petition in the same court.
This implies that more than 90% of the total workforce in Jharkhand State including domestic workers will now not be turned down but be enrolled into welfare Boards and be able to avail the existing schemes on social protection. We will be closely monitoring the activities of the Government in this regard so that we can bring to the notice of the court if any negligence is shown by the Government.

Thus the target before us for 2015 and the years to come is to ensure that social protection becomes a reality, that aged workers can live in dignity, health is ensured, education of the children is guaranteed, dignified housing and other benefits are made available to the informal workers.

2014-2016 impact: Social security

IMPACT
Achieved at 185%: 42.440 informed workers got coverage of social security schemes (retirement, maternity leave, health insurance…) through support from NDWM and CWM in India.

OUTPUT

	Number of people	To which extend achieved planned
Awareness raising	190.698	273%
Basic training	8.882	93%

Cambodia: More than 700.000 workers from 1.029 companies have now access to the social security, of which at least 20.600 are new members of CLC. In May 2016 the health insurance system started up, although only workers in Phnom Penh, Kandal and Kampong Speu provinces are being covered. Both worker and employer contribute 1,3% of the salary each. The workers receive a free pre check-up and the treatment is also for free (except the serious treatments, like teeth operations and facial surgery). During the treatment a worker who is on sick leave receives 70% of its wage (for 6 months). The same goes for pregnant women: for the 9 months maternity leave, they receive 70% of their monthly wage from the social security and 50% from the employer, which means a monthly income of 120% of their regular salary. Health insurance for the public sector has also started in 2016 and discussions for pension schemes are ongoing.

2014-2016 impact: Looking at the new Indonesian Social Security: interview with Rekson

In the past three years and thanks to continued pressure from the trade unions, Indonesia has set up a historical system of universal social security and health with a tripartite structure. We met with Rekson Silaban, Commissioner BPJS Ketenagakerjaan (Employment), one of the two elected board members on behalf of the trade unions to discuss the achievements and challenges of this system.

History
After independence, Indonesia had only a couple of limited specific schemes, only for formal and public sector. In 2004, Indonesia passed law n°40 for a social security institution, Jamsotek, which was trying to expand social security schemes to the private sector but which faced many challenges in its implementation, with limited payouts and where any profits went to the state. After three annual general strikes demanding social security, legislation n° 24 was passed in 2011, which organized social security related to work, BPJS Ketenagakerjaan.
BPJS Employment was established in January 2014 and is fully operational since July 2015 with 336 offices countrywide. Their philosophy is based on the independency philosophy and pride to settle socio-economic risks. Independency means no dependence on other people in financing healthcare treatment, senior age life, and family following a death. Pride means such security is obtained as a right instead of other people's act of sympathy. To accomplish optimal financing and benefits, the BPJS Ketenagakerjaan programme is conducted collectively, in which the younger generation assists the older generation, healthy people assist ill persons, and higher-income persons assist lower-income people. This system was newly non-for-profit, which for the first time doesn’t return profit to government but is being re-invested in the social security (in 2015, profit of almost 40 million€ or 624 billion IDR). By end 2015, 2.000 companies and 20 million workers were covered, out of Indonesian total workforce of 100 million people. In 2015, they have seen a 15% increase from 16,79 million to 19,27 million workers affiliated, which is still only one out of five workers.

Nepal Parliament passes Social Security Bill

The Nepal Parliament on Monday ratified the much-awaited Social Security Bill, laying the groundwork for implementation of a provision on ‘no work, no pay’ as envisaged by the new Labour Bill.

The Bill, which will soon be signed into law by President Bidya Devi Bhandari, has paved the way for the government to introduce contributory and non-contributory social security schemes. This means citizens who make financial contribution every month and even those who do not make any contribution will be entitled to certain benefits.

People, who do not make any contribution, for instance, can claim for unemployment allowance, and gain access to basic healthcare services and free education till secondary level. The government will also ensure housing and food security for people who do not make any financial contribution.

The contributory social security schemes, on the other hand, are aimed at all those working in formal and informal sectors.  These schemes will entitle one to unemployment, maternity, health, accident, old age and disability benefits. The contributory social security scheme also extends benefits to those who are denied payments by employers.

Article appearing in the Kathmandu Post here.

WSM network participates in the Asia Europe People's Forum

The Asia Europe People's Forum (AEPF) 11th meeting took place 4 to 6th of July in Ulaan Bataar, Mongolia under the theme of Building New Solidarities: Working for Inclusive, Just, and Equal Alternatives in Asia and Europe. It consisted of seven thematic Clusters:

1. Resource Justice, Land Rights, Equal Access to Water, and Participation – Going beyond Extractivisms
2. Food Sovereignty/Food Security – Beyond Zero Hunger
3. Climate Justice and Transformation of Energy Systems
4. Socially Just Trade, Production and Investment
5. Social Justice – Alternatives to Debt and Austerity, Social protection, Decent Work, and Sustainable Livelihoods
6. Peace Building and Human Security – Responses to Migration, Fundamentalism and Terrorism
7. Participatory Democracy, Gender Equality and Minority Rights

Each of the clusters goes (loosely) through three ‘workshops’ or phases:
1. Contexts and Analysis
2. Lessons Learned, Successes and Failure
3. Strategies for People’s Visions and Future Perspectives

Afterwards, a final declaration was drafted and proclaimed, to be read at the ASEM summit in front of the 53 member states (link).

WSM attended with a delegation comprising Bruno Deceukelier and Francina Varghese and members of the partners, Samy Lourdes from AREDS, India and Robert Trani from AHW Philippines.

Social Justice cluster
Of course, most of our interest went towards the social justice cluster, as this one focuses mostly on Social Protection. Their reference to social justice seems to serve more to highlight the redistributive and transformative role of SP, instead of simple safety nets. WSM had been asked to also present, in the third phase of alternatives, our work and that of our partners.

Around 50 people showed up at the four sessions dedicated to social justice. Several participants question the approach: working from within the system or trying to fundamentally the system.

The WSM presentation, done just after Koen detavernier's presentation of the Campaign of Social Protection for All seemed to have been appreciated and there were many requests for our publications.

At the end of the session, participants also showed their support for the campaign with a pictures and sticking on the band-aids demanding social protection for all.

Though unsure of the political weight of the final declaration and the extent governments would take it into consideration, it is important to provide an alternative voice to the business lobbying. Most interesting for us was however the opportunities of learning and networking, with among others the Network for Transformative Social Protection. AHW is planning to get closer involved with them.

Tamil Nadu, India unorganized sector too unaware of social schemes to avail benefits

NDWM from India shared this article from the Times of India today, commenting that, despite several social security schemes by the government in Tamil Nadu, domestic workers fail to benefit from them, due to lack of awareness. Another issue for availing the schemes is the absence or difficulty in providing ID proof among the migrant workers.

The article states that: "As per the state government, migrant workers of unorganised sector such as construction, handicrafts, tailoring, domestic workers and street vendors are eligible for several benefits," said an official from the labour department. A common problem that these workers face is lack of residential proof or any other proof certified by the state government. As per the labour department, migrant workers would be provided with an ID card, given government allowances in addition to other benefits. However, only a few are aware of these schemes. Of the 129.000 migrant workers in Coimbatore, only 2,000 have applied for government benefits.