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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Preface

The importance of social security in the world is growing,

which is not to say that its development in the various States is
taking a parallel course. In many emerging nations, social secu-
rity systems are still undergoing construction, while in others
such as the former socialist States, these systems are being com-
pletely restructured in the so-called transformation process. At
the 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, make
extensive reforms necessary. International developments high-
lighted by globalisation and human mobility have moreover
caused States and nations to move closer together, thus also
bringing an internationalisation of social security in their wake.
It is in this scenario that common minimum standards are being
demanded – not only as a logical conclusion drawn from funda-
mental social rights, but also to achieve an approximation of
competitive conditions in a global economy.
In this light, the standards set by the International Labour
Organization 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 law
Conventions. What is more, the strong focus on the core labour
standards could push social security into the background inter-
nationally. And that would run counter to the requirements of
social progress.

V
 Social security

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 reality
experienced in most States. It must therefore be highly welcomed
that officials of the International Labour Office have undertaken
this survey that retraces the development of ILO standards on
social security and provides a detailed portrayal of the regulatory
content of the relevant Conventions. It is to be hoped that this
study will find a wide circulation and in this way further inten-
sify the discussion on social security standards.

Prof. Dr. Bernd Baron von Maydell

Member of the Committee of Experts on the
Application of Conventions and Recommendations

VI
Foreword

This year, the ILO is celebrating the 50th anniversary of the

adoption of Convention No. 102 concerning social security (min-
imum standards), which marked the advent of modern standards
covering in a global manner the nine branches of social security.
In June 2001, the Conference held a general discussion
aimed at defining a vision of social security for the ILO at the
dawn of the XXIst century. It concluded that ILO activities in the
area of social security should be anchored in the Declaration of
Philadelphia, the decent work concept and the relevant standards
in the area. In addition, the Governing Body completed, between
1995 and 2002, a review of all ILO standards. In the framework
of this examination it concluded that Convention No. 102, along
with the Conventions and Recommendations adopted sub-
sequently in the area of social security, were up-to-date and
therefore relevant. However, notably due to the complexity of
the provisions in these instruments, the Governing Body also
considered that the Office should offer technical assistance to
member States in this area, including through the dissemination
of information. The present publication is intended to be the first
response to this request. The Office hopes in this way to con-
tribute to the efforts aimed at ensuring a better understanding of
ILO Conventions and Recommendations on social security, with
the view to strengthening their range and impact.

VII
Contents

Page

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
I. Characteristics of social security standards . . . . . . . . . . . . . . 7
1. 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 . . . 17
1. Medical care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2. Sickness benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3. Unemployment benefit . . . . . . . . . . . . . . . . . . . . . . . 21
4. Old-age benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
5. Employment injury benefit . . . . . . . . . . . . . . . . . . . . . 28
6. Family benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7. Maternity benefit . . . . . . . . . . . . . . . . . . . . . . . . . . 33
8. Invalidity benefit. . . . . . . . . . . . . . . . . . . . . . . . . . . 36
9. Survivors’ benefit . . . . . . . . . . . . . . . . . . . . . . . . . . 38
III. Social security of migrant workers . . . . . . . . . . . . . . . . . . . 41
1. Equality of treatment . . . . . . . . . . . . . . . . . . . . . . . . 42

IX
 Social security

2. Maintenance of acquired rights and the provision of benefits

abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
3. Maintenance of rights in course of acquisition . . . . . . . . . . 44
4. Applicable legislation . . . . . . . . . . . . . . . . . . . . . . . . 44
5. Administrative assistance and assistance to persons . . . . . . . 45
Annexes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Annex 1. Benefits at a glance . . . . . . . . . . . . . . . . . . . . . . . 48
Annex 2. List of social security standards. . . . . . . . . . . . . . . . . 61
Annex 3. Status of social security standards . . . . . . . . . . . . . . . 62

X
Introduction

The ILO and social security

The ILO has always attached great importance to social
security, 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 the
worker against sickness, disease and injury arising out of his
employment, … provision for old age and injury”. Since its first
session in 1919, the International Labour Conference has adopted
31 Conventions and 23 Recommendations on social security. As
will be seen, only certain of these instruments are still considered
to be up to date and can therefore be supported by ILO promo-
tional activities. The most recent standards in this field were
adopted 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 the
notion of social insurance. They were only applicable to certain
categories 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 in
different 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 security
developed 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

1
 Social security

phia, adopted in 1944, redefined the ILO’s objectives by includ-

ing the extension of social security measures to provide a basic
income to all in need of such protection and comprehensive
medical care. This conception also inspired the Conference when
it adopted the Social Security (Minimum Standards) Convention,
1952 (No. 102). As indicated by its title, this Convention provides
for a minimum level of benefits in each of the nine branches of
social security that it covers. In view of the flexibility clauses in
Convention No. 102, this minimum level constitutes an objective
that 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 third
generation standards. They are drawn up on the model of Con-
vention No. 102, although offering a higher level of protection in
terms of the population covered and the level of benefits.
It should be emphasized from the outset that ILO social
security standards have had an important impact outside the
Organization. For example, the European Social Charter provides
that 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 with
the 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 discussion

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

Continued from note 1

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

2
 Introduction

ILO, would respond to the challenges that are arising in this field.
The conclusions of the discussion recall, as does the Universal
Declaration of Human Rights, adopted 50 years earlier, that social
security is a basic human right. As a fundamental instrument of
social cohesion, it thereby helps to ensure social peace and inclu-
sion. In general terms, ILO activities in the field of social security
should 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 emphasize
a 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 recall
that, while there is no single right model of social security admin-
istration, the good governance of schemes is essential for their
success. 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, the
social partners have a crucial role to play in this field.
The Conference also emphasized that the extension of
social security coverage to those who are not yet protected
should be given the highest priority and that the major challenge
in this respect is the existence of the informal economy. Each
country should determine a national strategy on this subject, which
should 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 the
principle of gender equality, which implies in particular the
adoption of measures to ensure equitable outcomes for women
providing unpaid care to family members.
In many countries, the ageing of the population constitutes
a challenge in terms of the cost of health-care and retirement
schemes, whether they are financed through funded or pay-as-
you-go systems. Responses to this challenge need to be based on
the promotion of sustainable economic growth, with a view to
the inclusion of a broader section of the population in produc-
tive employment: for persons of working age, the best means of
obtaining stable income is to gain access to decent work. Other
countries are experiencing substantial difficulties in view of the

3
 Social security

very serious consequences of the HIV/AIDS pandemic on the

financing of social security. The Conference emphasized that this
situation requires an intensification of ILO technical assistance to
the 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 of
their adoption, but do not necessarily still correspond to the cur-
rent needs of the international community. With a view to
strengthening the relevance, coherence and impact of its stan-
dards system, the ILO therefore embarked upon an important
process of the detailed examination on a case-by-case basis of all
of its Conventions and Recommendations. A tripartite working
party was established for this purpose by the Governing Body in
1995. 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 basis
have shown that, of the 184 international labour Conventions and
194 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 with
regard to social security since, as noted above, the Conference
concluded in June 2001 that ILO activities in this field should be
rooted in the relevant ILO standards.
The up-to-date standards for each of the nine branches of
social security are as follows:

Social security branches Second generation standards: Third generation standards

Convention 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)

4
 Introduction

Moreover, certain ILO instruments specifically cover the

issue of the social security of migrant workers. The up-to-date
standards in this field are Part XII (Equality of treatment) of Con-
vention No. 102, as well as the Equality of Treatment (Social
Security) Convention, 1962 (No. 118), and the Maintenance of
Social Security Rights Convention, 1982 (No. 157), which will be
examined below. Annex 3 to this paper contains an overview of
the decisions taken by the Governing Body in the field of social
security.

Before examining the protection afforded by the ILO’s social

security instruments, a description is provided of their principal
characteristics.

5
I. Characteristics of social security
standards
1. Universality and flexibility
(a) Ratification
International labour standards are by nature universal in
their vocation. They are intended to be applied by the 175
member States of the ILO, irrespective of their legal system or
their level of economic development. It should also be recalled
that ILO Conventions are international treaties of a specific
nature. They are adopted by the Conference, which is composed
of representatives of the governments of member States, as well
as representatives of workers and employers. A government
cannot therefore unilaterally decide to make reservations when
ratifying an instrument, as this would go against the principle of
tripartism. Nevertheless, most Conventions contain a number of
flexibility clauses in order to facilitate their ratification. The bal-
ance between universality and flexibility is difficult to attain and
consists of endeavouring not to adopt standards which are too
high, and which cannot therefore be applied in most member
States, or inadequate standards, which would only serve to endorse
the 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 social
security Conventions offer perhaps the largest set of options and
flexibility clauses allowing for the goal of universal coverage to
be attained gradually and in step with the economic develop-
ment of member States.

7
 Social security

As a result, various social security Conventions contain sev-

eral parts, of which only certain have to be accepted at the time
of ratification. This is the case of Convention No. 102, which is
composed of common parts and nine other parts corresponding
to the nine branches of social security referred to above. In addi-
tion to the common provisions, a State which ratifies Convention
No. 102 has to accept at least three of these nine parts, including
at least one of the following five: unemployment, old age,
employment injury, invalidity and survivors. Any State party to
the Convention may subsequently notify the ILO that it accepts
one or more additional parts of the Convention. This flexibility is
also found in Convention No. 118 and the Invalidity, Old-Age
and Survivors’ Benefits Convention, 1967 (No. 128). A State which
ratifies Convention No. 118 may, for example, limit its commit-
ments to only one of the nine parts, which each corresponds to
one 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 the
three parts corresponding to old-age, invalidity and survivors’
benefit. These flexibility clauses therefore allow the progressive
extension of protection in line with the development of the
national legislation and capacity to implement the Convention.

(b) Scope of the Conventions in terms

of the persons protected
Both Convention No. 102 and the Conventions adopted sub-
sequently authorize the exclusion from their scope of application
of 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 Benefits
Convention, 1969 (No. 130), allow the exclusion of seafar-
ers, including seafishermen. Convention No. 102 does not
apply to seafarers or seafishermen, even without the coun-
try concerned making a specific exclusion, due to the fact
that instruments specifically covering the social security of
these categories of workers were adopted in 1946 1 ;

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

8
 Characteristics of social security standards

■ public servants may be excluded from the application of

Conventions Nos. 121, 128 and 130 where they are pro-
tected by special schemes which provide benefits at least
equivalent to those required by the above Conventions. The
Employment Promotion and Protection against Unemploy-
ment Convention, 1988 (No. 168) only allows the exclusion
of public employees where their employment up to a
normal retirement age is guaranteed by national laws or reg-
ulations ;
■ persons performing casual work, members of the employer’s
family living in his house in respect of their work for him,
and other categories of employees, which must not exceed
in number 10 per cent of all employees, may be excluded
from the application of Conventions Nos. 121, 128 and 130.
Convention No. 121 also provides for the possibility of
excluding “out-workers” (in the sense of homeworkers) ;
■ Conventions Nos. 128 and 130 also authorize States whose
legislation protects employees to temporarily exclude from
their application agricultural employees under certain con-
ditions ;
■ The Maternity Protection Convention, 2000 (No. 183) per-
mits, after consulting the representative organizations of
employers and workers concerned, the exclusion wholly or
partly from the scope of the Convention of limited cate-
gories of workers when its application to them would raise
special problems of a substantial nature.
The possibilities offered by these flexibility clauses for the
determination of the categories of persons protected should be
borne in mind in relation to the explanations provided below
concerning the various branches of social security. The same
applies to the temporary exceptions of which developing coun-
tries may avail themselves in order to facilitate the ratification of
ILO Conventions. These exceptions are described below.

(c) Temporary exceptions for developing countries

Countries whose economy and/or medical facilities are
insufficiently developed, and which make a declaration to this
effect when ratifying the instrument, may cover a smaller number

9
 Social security

of persons protected. For example, Convention No. 102 allows

countries benefiting from such exceptions to determine the per-
sons protected with reference only to the numbers of employees
in industrial workplaces of a certain importance. This makes the
standard more easily accessible to less industrialized countries
since, on the one hand, they have few industrial enterprises and,
on the other hand, only those of a certain size are taken into
account in determining the number of persons to be protected.
Furthermore, these temporary exceptions may allow a State party
to 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 that
States availing themselves of these exceptions must report regu-
larly on whether the reasons for their decision still exist or
whether 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 that
country. The provisions of the Conventions therefore take into
account differences in levels of economic development in
member States.
Moreover, the Conventions provide States with a choice of
three formulae to determine whether the benefits provided by
national legislation reach the levels set out in the instruments. 2
These formulae take account of the methods of calculation that
are used most often in practice.
■ The first method consists of setting the minimum rate of
benefit at a certain percentage of the previous earnings of
the 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 attained
wherever the previous earnings of the beneficiary or bread-
winner are equal to or lower than the wage of a skilled
manual male employee.
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 Conventions
Nos. 168 and 183 contain other specific rules.

10
 Characteristics of social security standards

■ Under the second method, benefit is set at a flat rate or must

include a minimum amount determined in relation to the
wage 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 the
level of the other resources of the beneficiary’s family. In
this case, the rate should not be less than that resulting from
the previous method. This latter method can, however, only
be applied in systems that cover all residents.
Irrespective of the method chosen, the rate of the benefit for
a “standard beneficiary” must attain a certain percentage of the
reference wage. The standard beneficiary is defined in a specific
manner for each contingency and serves solely as a reference for
comparison between the rate of benefit provided for by national
legislation and the requirements of the Conventions. States are
permitted to choose their own rules and methods for calculating
the rate of benefit, provided only that the resulting rate is at least
equal to that laid down in the instruments.

2. Common principles
Both Convention No. 102 and most of the Conventions
adopted subsequently are drawn up so as to leave great flexibil-
ity to member States in the method of organizing the schemes
providing benefits. However, these instruments set forth basic
principles concerning the organization and administration of
social security institutions, which have to be complied with irre-
spective of the type of scheme established. This has been
recalled by the Committee of Experts which, when called upon
to examine the compatibility of a private pensions system with
Convention No. 102, considered that the coexistence within a
social security system of both a public and a private scheme is
not 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 the
fundamental principles of organization and management on
which the structure of social security schemes must continue to
be based. The flexibility afforded in the methods of protection
used is therefore accompanied by very clear rules relating to the

11
 Social security

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, the
various interests to be represented in the administration of the
system 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 forth
in both Convention No. 102 and the Conventions adopted sub-
sequently. 3 Irrespective of the administrative system chosen, the
State has to take general responsibility for the proper adminis-
tration of the institutions and services concerned in securing the
protection envisaged in the Conventions.
The responsibility of the State also covers the provision of
benefits. Irrespective of the method of financing adopted, the
competent 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 shall
ensure, where appropriate, that the necessary actuarial studies
and calculations concerning financial equilibrium are made peri-
odically and, in any event, prior to any change in benefits, the
rate of insurance contributions or the taxes allocated to cover the
contingencies. The State’s supervisory or monitoring powers
should not, however, allow it to use the assets of its social secu-
rity system for such purposes as making up for a deficit in its
budget, which could cause insured persons to lose confidence in
the institutions responsible for their protection. The provisions
concerning 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 administration
of social security systems, and particularly those of the persons

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

12
 Characteristics of social security standards

protected. Where the administration is not entrusted to an insti-

tution regulated by the public authorities or to a government
department responsible to a legislature, the representatives of the
persons protected must participate in its management or be asso-
ciated therewith in a consultative capacity. Moreover, national
laws or regulations may, or “shall” under certain Conventions,
envisage the participation of representatives of employers and of
the public authorities.

(c) Financing of benefits

Convention No. 102 confines itself to setting forth principles
concerning the financial guarantees of social security systems.
The cost of the benefits envisaged by the Convention and the
cost of the administration of such benefits must be borne collec-
tively by way of insurance contributions or taxation, or both. The
Convention also contains certain provisions relating to the shar-
ing of the financial burden. In general, the methods of financing
must avoid hardship to persons with meagre resources and take
into account the economic situation of the country and of the
persons protected. In the particular case of contributory schemes,
it is specified that the total of the insurance contributions borne
by the employees protected must not exceed 50 per cent of the
total 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 a
broad 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, these
Conventions have always contained provisions on this subject,
on the one hand referring to insurance systems or financing from
public funds and, on the other hand, setting forth the principle
of the non-responsibility of employers in relation to the cost of
benefits. The intent is to prevent maternity protection measures
making 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 provides
that, in order to protect the situation of women in the labour
market, benefits are to be provided through compulsory social
insurance or public funds, or in a manner determined by national

13
 Social security

law and practice. There are, however, three exceptions to this

principle. An employer may therefore be liable to the cost of
maternity cash benefits where that employer specifically agrees
to do so; where such liability was provided for in national law or
practice prior to the date of adoption of the Convention; or
where such liability is subsequently agreed upon by the govern-
ment and the representative organizations of employers and
workers.

(d) Other questions

Two other points should be examined in this context,
namely the right of appeal of claimants and the rules concerning
the suspension of benefit.
■ Right of appeal of claimants
The right of appeal in the event of the refusal of a benefit
or of complaints as to its quality or quantity is a principle that is
recognized by Convention No. 102 and the Conventions adopted
subsequently. However, these instruments do not specify the
channels of appeal which must be made available. The prepara-
tory work for the adoption of Conventions Nos. 121 and 128
nevertheless 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 would
have been final if this right had not existed. Furthermore, the
concept of recourse implies that the matter must be determined
by 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 to
constitute an appeal procedure. Furthermore, Conventions Nos.
128 and 168 provide that procedures must be prescribed which
permit the claimant to be represented or assisted by a qualified
person of his or her choice or by a delegate of an organization
representative 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 which
a person protected would be entitled may be suspended. These
cases may be grouped into three types: the absence of the person

14
 Characteristics of social security standards

concerned from the territory of the State in which entitlement to

the benefit has been acquired; situations in which the person
concerned is maintained at public expense, or at the expense of
a social security institution or service, or is in receipt of other
benefits or indemnities; and, finally, a number of cases related to
the personal conduct of the beneficiary. The latter category
includes a fraudulent claim, cases where the contingency has
been caused by a criminal offence or the wilful misconduct of
the person concerned, or failure to make use of the appropriate
services (such as medical services or employment, vocational
guidance 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 due
must be paid to the dependants of the person concerned.
There are other cases of suspension which are specific to
the contingency of unemployment. For example, unemployment
benefit may be refused, withdrawn or suspended where the
person concerned has deliberately contributed to his or her own
dismissal, or has left employment voluntarily without just cause.

An overview is provided below of the protection guaranteed

in the various branches of social security and the principal
provisions of the instruments on the social security of migrant
workers.

15
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 Convention
No. 102. For each of these branches, a definition is provided of
the contingency covered or, in other words, the risk confronting
the person protected; the scope of the instrument in terms of the
persons 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 protection
afforded by the ILO’s social security instruments, Annex 1 con-
tains comparative tables of the benefits envisaged in each of the
branches.

1. Medical care
Convention No. 102, Part II; Convention No. 130
and 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 by
pregnancy, confinement and their consequences. In addition, the
State has to secure to the persons protected medical care of a

17
 Social security

preventive nature. Generally speaking, medical care has to be

afforded with a view to maintaining, restoring or improving the
health of the persons protected and their ability to work and to
attend 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 relation
to branches of economic activity (industry, services, etc.) and the
legal status of persons employed in these branches, but in a
much more flexible way based on quantitative criteria. The State
has 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

• prescribed classes of employees, • all employees, including

constituting not less than 50 per apprentices, and their wives and
cent of all employees, and also their children; or
wives and children; or
• prescribed classes of the • prescribed classes of the
economically active population, economically active population,
constituting not less than 20 per constituting not less than 75 per
cent of all residents, and also their cent of the whole economically
wives and children; or active population, including their
wives and children; or
• not less than 50 per cent of all • not less than 75 per cent of all
residents. residents.

Recommendation No. 134 advocates the extension of med-

ical care by stages to all economically active persons and to all
residents.

Benefits
Under Convention No. 102, the persons protected must
enjoy the following benefits in the case of sickness: general
practitioner care, including domiciliary visiting; specialist care;

18
 Protection afforded in the different branches of social security

pharmaceutical supplies; and hospitalization where necessary. In

addition to the above care, Convention No. 130 provides for
dental care and medical rehabilitation, including the supply,
maintenance and renewal of prosthetic and orthopaedic appli-
ances. In accordance with Recommendation No. 134, medical
care should also include the supply of medical aids, such as eye-
glasses, and services for convalescence.
The above two Conventions admit that beneficiaries may be
required 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 to
preclude abuse. The qualifying period may consist of a period of
contribution, a period of employment, a period of residence or
a combination of such periods. 1 It should, however, be noted that
Recommendation No. 134 advocates that the right to medical care
should not be made subject to a qualifying period.
Once entitlement to benefits has been acquired, medical
care must be granted throughout the contingency. Convention
No. 102 nevertheless authorizes States to limit the duration of the
benefit to 26 weeks in each case, or 13 weeks in the case of
countries whose economy and medical facilities are insufficiently
developed. Under Convention No. 130, a limitation to 26 weeks
is only authorized where the beneficiary ceases to belong to
the categories of persons protected and the sickness started
while the beneficiary still belonged to such categories. Both
Conventions provide that medical care may not be suspended
while the beneficiary continues to receive a sickness benefit and
that the period for which care is provided must be extended for
diseases recognized as entailing prolonged care.

1
This definition of the qualifying period covers all contingencies.

19
 Social security

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

Definition of the contingency

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

Persons protected
The persons protected must comprise :

Convention No. 102 Convention No. 130

• prescribed classes of employees, • all employees, including

constituting not less than 50 per apprentices; or
cent of all employees; or
• prescribed classes of the • prescribed classes of the
economically active population, economically active population,
constituting not less than 20 per constituting not less than 75 per
cent of all residents; or cent of the whole economically
active population; or
• all residents whose means during • all residents whose means during
the contingency do not exceed the contingency do not exceed
prescribed limits. certain limits.

Recommendation No. 134 advocates the progressive extension

of 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 to
persons protected. This constitutes progress in relation to the first

20
 Protection afforded in the different branches of social security

generation Conventions, which recognized the right to benefits,

without specifying their amount. In the case of sickness benefit,
the level of the periodical payments 2 for a standard beneficiary
(man with wife and two children) must correspond to 45 per cent
of the reference wage or earnings in the case of Convention No.
102, while under Convention No. 130 this level must correspond
to at least 60 per cent of the reference wage.
Convention No. 130 also provides that, in the case of the
death of a beneficiary of sickness benefit, a funeral benefit shall
be paid to the survivors or to the person who has borne the
expense of the funeral.

Qualifying conditions
Entitlement to sickness benefit may be made subject to the
completion of a qualifying period. Once this requirement has
been met, the benefit must be granted throughout the contin-
gency. However, Convention No. 102 authorizes the limitation of
the duration of the benefit to 26 weeks in each case of sickness
and states that it need not be paid for the first three days of sus-
pension of earnings. Under the terms of Convention No. 130, the
grant 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. 168
and Recommendation No. 176

Definition of the contingency

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

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

21
 Social security

employment in the case of a person protected who is capable of

and available for work. Convention No. 168 explicitly provides
that 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 one
hand, endeavour to extend protection to loss of earnings due to
partial unemployment and the suspension or reduction of earn-
ings due to a temporary suspension of work and, on the other
hand, provide for the payment of benefits to part-time workers
who are actually seeking full-time work. States in which the lim-
ited scope of the social security system so warrants may benefit
from exceptions allowing them, inter alia, to defer the imple-
mentation of these measures. Moreover, the Convention contains
a series of provisions for new applicants for employment under
which States must take account of the existence of many cate-
gories of persons seeking work who have never been, or have
ceased to be recognized as unemployed or have never been, or
have ceased to be covered by schemes for the protection of the
unemployed. 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 solely
intended to protect unemployed persons, but also to promote
employment. States ratifying the Convention undertake to adopt
appropriate steps to coordinate their system of protection against
unemployment and their employment policy. The system of pro-
tection against unemployment, and in particular the methods of
providing unemployment benefit, have to contribute to the pro-
motion of full, productive and freely chosen employment and
must not be such as to discourage employers from offering and
workers from seeking productive employment. Part II of the Con-
vention contains a series of provisions relating to the promotion
of productive employment and refers notably to the Human
Resources Development Convention (No. 142), 1975, and the
Employment Policy (Supplementary Provisions) Recommenda-
tion, 1984 (No. 169).

3
Social benefits have to be provided for at least three of the ten categories of persons
mentioned in the Convention, including young persons who have completed their vocational
training 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 their
return to their home country.

22
 Protection afforded in the different branches of social security

Persons protected
The persons protected must comprise :

Convention No. 102 Convention No. 168

• prescribed classes of employees, • prescribed classes of employees,

constituting not less than 50 per constituting not less than 85 per
cent of all employees; or cent of all employees, including
public employees and apprentices; or
• all residents whose means during • all residents whose resources
the contingency do not exceed during the contingency do not
certain limits. exceed prescribed limits. 4

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 the
reference wage. In the case of Convention No. 168, this rate is 50
per cent of the reference wage. These percentages apply in cases
of full unemployment and, under Convention No. 168, suspen-
sion of earnings due to a temporary suspension of work without
any break in the employment relationship. In the case of coun-
tries benefiting from temporary exceptions, Convention No. 168
authorizes a rate of 45 per cent of the reference wage.
Recommendation No. 176 also contains detailed provisions
respecting, among other matters, partial unemployment, the
protection of workers who are experiencing hardship during a
waiting period, new applicants for employment and part-time
workers.

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

23
 Social security

Qualifying conditions
Entitlement to unemployment benefit may be made subject
to the completion of a qualifying period. However, such qualify-
ing period must not exceed the duration considered necessary to
preclude abuse.
Furthermore, unemployment benefit need not be paid for a
waiting period, the duration of which must not exceed seven
days in each case of suspension of earnings. However, Conven-
tion No. 168 authorizes a waiting period of ten days in the case
of countries benefiting from temporary exceptions. Moreover,
both Convention No. 102 and Convention No. 168 provide, in the
case of seasonal workers, that the waiting period may be adapted
to their occupational circumstances.
Once entitlement to benefit has been recognized, the unem-
ployment benefit has to be granted to the person protected
throughout the contingency. Nevertheless, under Convention
No. 102, where classes of employees are protected, the duration
of the benefit may be limited to 13 weeks within a period of
12 months. Where the protection covers all residents whose
means during the contingency do not exceed prescribed limits,
this duration may be limited to 26 weeks within a period of
12 months. In the case of Convention No. 168, the initial dura-
tion of payment of the benefit may be limited to 26 weeks in
each spell of unemployment, or to 39 weeks over any period of
24 months. Convention No. 168 authorizes States benefiting from
temporary 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 of
full unemployment for longer than this initial duration of the
payment of the benefit, Convention No. 168 provides for the pay-
ment of benefit for a subsequent period, the duration of which
may be limited. Moreover, the rate of such benefit may be cal-
culated in the light of the resources of the beneficiary and his or
her family.
Finally, it should be noted that, where protected persons
have received severance pay directly from their employer or from
any other source, Convention No. 168 permits the suspension of
the unemployment benefit to which they would be entitled or

24
 Protection afforded in the different branches of social security

the reduction of the severance pay as a function of the total

amount of the unemployment benefit. The Convention also
permits the refusal, withdrawal, suspension or reduction of the
benefit if the person concerned refuses to accept suitable
employment. The Convention enumerates a number of elements
which must be taken into account in assessing the suitability of
employment, including the age of unemployed persons, their
length of service in their former occupation, their acquired expe-
rience, the length of their period of unemployment and the
labour market situation. Recommendation No. 176 indicates the
types 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 the
qualifications and work experience of the person concerned. The
concept 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 event
of refusal to accept such employment.

4. Old-age benefit
Convention No. 102, Part V; Convention No. 128
and Recommendation No. 131
Definition of the contingency
The contingency covered is survival beyond a prescribed
age. Both for Convention No. 102 and Convention No. 128, this
age should not normally be more than 65 years.
However, the instruments allow a higher age to be fixed for
certain specific reasons. In the case of Convention No. 102, these
consist of taking into account the working ability of elderly per-
sons and, for Convention No. 128, demographic, economic and
social criteria, demonstrated statistically. Exceptions therefore
have to be based on objective criteria demonstrated by statistics
covering, for example, life expectancy and the activity rate of
elderly persons.
Moreover, where the prescribed age is 65 years or higher,
Convention No. 128 provides that this age shall be lowered

25
 Social security

in respect of persons who have been engaged in occupations

that are deemed to be arduous or unhealthy. Recommendation
No 131 also advocates the lowering of the pensionable age in
respect of categories of persons for which such a measure is jus-
tified on social grounds.

Persons protected
The persons protected must comprise :

Convention No. 102 Convention No. 128

• prescribed classes of employees, • all employees, including

constituting not less than 50 per apprentices; or
cent of all employees; or
• prescribed classes of the • prescribed classes of the
economically active population, economically active population,
constituting not less than 20 per constituting not less than 75 per
cent of all residents; or cent of the whole economically
active population; or
• all residents whose means during • all residents or residents whose
the contingency do not exceed means during the contingency do
certain limits. not exceed certain limits.

Recommendation No. 131 calls for the extension by stages

of coverage of old-age benefits to persons whose employment is
of a casual nature and to all economically active persons.

Benefits
The objective of the relevant provisions of Conventions
Nos. 102 and 128 is to guarantee protected persons who have
reached a certain age the means of a decent standard of living for
the rest of their life. These instruments accordingly envisage the
payment 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) after
completion of the maximum qualifying period, 40 per cent of the
reference wage, under the terms of Convention No. 102. This

26
 Protection afforded in the different branches of social security

percentage is raised to 45 per cent by Convention No. 128,5 and

55 per cent by Recommendation No. 131. The Recommendation
also indicates that national legislation should fix minimum
amounts of old-age benefit so as to ensure a minimum standard
of living and that the level of the benefit should be increased in
certain circumstances, and particularly for beneficiaries requiring
the constant help of another person.
The maintenance of the purchasing power of pensions is a
problem 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 of
income. The adjustment of long-term benefits therefore appears
to be necessary in order to take into account changes in the cost
of living and prevent the loss of the real value of pensions. Con-
ventions Nos. 102 and 128 consequently set forth the principle of
adjusting the rates of benefit following substantial changes in the
general level of earnings or the cost of living. However, these
instruments confine themselves to establishing the principle,
while leaving it to States to determine how this is to be given
effect (methods and periodicity of adjustments).

Qualifying conditions
Persons protected have to fulfil two conditions to receive
old-age benefit: the first, which has already been mentioned
above, is related to the pensionable age; and the second to the
completion of a qualifying period.
With regard to the qualifying period, a distinction should
be made between two points. In the first place, Conventions
Nos. 102 and 128 refer to a maximum qualifying period which
may be required to obtain benefits of the minimum level pre-
scribed by these Conventions. This qualifying period consists of
a period of contribution or of employment which may not
exceed 30 years,6 or a period of residence which may not exceed
20 years. Moreover, these Conventions also envisage a minimum

5
These percentages may be decreased by up to ten points where benefit is secured to at
least any person protected who has completed a qualifying period of not more than ten years of
employment 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.

27
 Social security

qualifying period which may be prescribed to acquire entitlement

to benefit. Where the grant of old-age benefit is subject to the com-
pletion of a minimum period of contribution or employment, a
reduced benefit must be secured for protected persons who have
completed a qualifying period of 15 years of contribution or
employment. In this respect, the Conventions leave it to national
legislation to determine the conditions under which the qualify-
ing period is to be completed, provided that it does not exceed
the durations indicated above.

5. Employment injury benefit

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

Definition of the contingency

The contingency covered by these instruments includes: a
morbid condition, incapacity for work, invalidity or a loss of faculty
due to an industrial accident or a prescribed occupational disease.
The contingency also includes loss of support as a result of
the death of the breadwinner following employment injury.
Under Convention No. 102, the beneficiaries are the widow or
children. In the case of Convention No. 121, they are prescribed
categories of beneficiaries, namely: a widow, as prescribed, or a
disabled and dependent widower; dependent children of the
deceased and any other person prescribed by the legislation
(generally parents, grandparents, etc.).
Convention No. 121 places the obligation upon States to
prescribe a definition of “industrial accident”, including the con-
ditions under which a commuting accident is considered to be
an industrial accident. With regard to the concept of occupational
disease, Convention No. 121 offers States three options: to pre-
scribe in their legislation a list of diseases, comprising at least the
diseases enumerated in Schedule I to the Convention, which are
to be regarded as occupational diseases; to include in its legisla-
tion a general definition of occupational diseases broad enough
to cover at least the diseases enumerated in Schedule I to the
Convention; or, finally, to prescribe a list of diseases in its legis-
lation, supplemented by a general definition of occupational dis-

28
 Protection afforded in the different branches of social security

eases. In its left-hand column, Schedule I to the Convention

identifies 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 occupational
diseases, but was updated in 1980. 7 Protected persons who are
victims of one of these diseases and employed in work involving
exposure to the corresponding risk benefit from the presumption
of the occupational origin of the disease.
Recommendation No. 121 indicates the cases in which acci-
dents should be considered by national legislation as industrial
accidents, as well as the conditions under which the occupational
origin of the disease should be presumed.

Persons protected
Convention No. 102 and Convention No. 121 refer to
employees in defining the persons protected. Under Convention
No. 102, the persons protected must comprise prescribed classes
of 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 and
private sector, and in cooperatives, are to be protected.
Recommendation No. 121 calls for the progressive extension
of the application of legislation providing for employment injury
benefits to any categories of employees which may have been
excluded. It also recommends States to secure the provision of
benefits, if necessary through voluntary insurance, to prescribed
categories of self-employed persons and certain categories of
persons working without pay.

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

7
It should be noted in this respect that in June 2002 the Conference adopted the List of
Occupational Diseases Recommendation (No. 194). This Recommendation calls upon member
States 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 to
Convention No. 121 and, to the extent possible, other diseases contained in the list annexed to the
Recommendation. This latter list, as well as the national list, should be periodically reviewed and
updated.

29
 Social security

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

breadwinner.
Medical care has to be afforded with a view to maintaining,
restoring or improving the health of the persons protected and
their ability to work and to attend to their personal needs. The
care must comprise: general practitioner and specialist in-patient
care and out-patient care, including domiciliary visiting; dental
care; nursing care at home or in hospital or other medical insti-
tutions; maintenance in hospitals, convalescent homes, sanatoria
or other medical institutions; dental, pharmaceutical and other
medical or surgical supplies, including prosthetic appliances and
eyeglasses; and the care furnished by members of such other
professions 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 the
place of work of persons sustaining a serious accident, and
follow-up treatment of those whose injury is slight and does not
entail 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 incapacity
for work, loss of earning capacity, corresponding loss of faculty
or the death of the breadwinner, must be a periodical payment.
In case of temporary incapacity for work, total loss of earning
capacity likely to be permanent or corresponding loss of faculty,
the amount of the periodical payments must attain for a standard
beneficiary (man with wife and two children) 50 per cent of the
reference wage under the terms of Convention No. 102. This rate
is raised to 60 per cent by Convention No. 121. Moreover, Rec-
ommendation No. 121 indicates that the rate of benefits should not
be 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 that
specified for total loss of earning capacity.
These instruments nevertheless permit the benefit due in the
event of permanent incapacity to be converted into a lump sum 8
where the degree of incapacity is slight or where the competent

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

30
 Protection afforded in the different branches of social security

authority is satisfied that the lump sum will be properly utilized.

Nevertheless, in such cases, Convention No. 121 emphasizes the
exceptional nature of this measure and makes it subject to the
consent of the person protected. The Convention also permits
such conversion in the case of States which lack the necessary
administrative facilities for periodical payments.
Finally, the rate of survivors’ benefit in the event of the death
of the breadwinner must attain, for a widow with two children,
at least 40 per cent of the reference wage for Convention No. 102
and 50 per cent under the terms of Convention No. 121.
In addition to the rules set out in terms of percentages of
the 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, the
two Conventions provide that the rates of periodical payments
have to be reviewed following substantial changes in the general
level of earnings or the cost of living.
It should be noted that Convention No. 121 provides
broader protection than Convention No. 102. By way of illustra-
tion, injured persons requiring the constant assistance of another
person have to be provided with additional benefits. Moreover,
a funeral benefit at a rate which is not less than the normal cost
of a funeral has to be envisaged by the legislation. States also
have 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 suitable
employment.

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

31
 Social security

benefits from temporary exceptions or where the waiting period

was provided for in the legislation at the date on which the Con-
vention came into force and if the reasons for having recourse to
this exception subsist. Recommendation No. 121 advocates the
removal of any waiting period.

6. Family benefit
Convention No. 102, Part VII
Definition of the contingency
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 years
of age. The Convention leaves it to national laws or regulations
to determine the number of children in respect of whom bene-
fits are payable.
Persons protected
The persons protected must comprise :
■ prescribed classes of employees, constituting not less than 50
per 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 not
exceed prescribed limits.
Benefits
The Convention envisages the provision of benefits either in
cash or in kind (food, clothing, housing, holidays or domestic
help), or a combination of both. In contrast with the provisions
for other contingencies, the level of family benefit is not deter-
mined as a function of a standard beneficiary, but as a global
level. The total value of the benefits granted for the whole of the
country 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 number
of children of all residents.

32
 Protection afforded in the different branches of social security

Qualifying conditions
Entitlement to family benefit may be made subject to the
completion of a qualifying period, which may be three months
of contribution or employment, or one year of residence. The
benefit must be granted throughout the contingency, that is up
to the fifteenth year of the child or up to school-leaving age.

7. Maternity benefit
Convention No. 102, Parts II and VIII; Convention No. 183
and Recommendation No. 191
Definition of the contingency
Under 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 other
hand, the resulting suspension of earnings.
Convention No. 183, although not explicitly defining the
contingency, nevertheless covers the same contingencies as Con-
vention No. 102 and provides for much broader benefits.

Persons protected
The persons protected must comprise :

Convention No. 102 Convention No. 183

• either all women in prescribed • all employed women, including

classes of employees, constituting those in atypical forms of dependent
not less than 50 per cent of all work. 9
employees and, for medical care in
case of maternity, also the wives of
men who belong to these classes; or
• all women in prescribed classes of
the economically active population,
constituting not less than 20 per
cent of all residents and, for medical
care in case of maternity, also the
wives of men who belong to this
category. Note on page 34

33
 Social security

Benefits
Convention No. 102 envisages the provision of maternity
medical care and, in the event of suspension of earnings result-
ing from pregnancy, confinement and their consequences, the
provision of cash benefits for at least 12 weeks. Medical benefits
must 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 benefits
must correspond to at least 45 per cent of the reference wage.
It should be emphasized that Convention No. 102 is an
instrument that is devoted exclusively to social security and that
it only addresses maternity from the point of view of social secu-
rity, while Convention No. 183, in the same way as Conventions
Nos. 3 and 103 in their time, is specifically devoted to maternity
protection 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 or
other appropriate certification, be entitled to a period of mater-
nity leave of not less that 14 weeks. 10 This leave must include a
period of six weeks’ compulsory leave after childbirth, unless
otherwise agreed at the national level by the government and the
representative organizations of employers and workers. The pre-
natal portion of maternity leave also has to be extended by any
period elapsing between the presumed date and the actual date
of childbirth. Finally, in case of illness, complications or risk of
complications arising out of pregnancy or childbirth, additional
leave must be granted. Recommendation No. 191 calls for the
extension of the period of maternity leave to 18 weeks.
Women who are absent from work on leave related to
maternity must be provided with cash benefits at a level which

9
The Maternity Protection Convention (Revised), 1952 (No. 103), was already broader in
scope than Convention No. 102, since it applies to women employed in industrial undertakings
and 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 should
be the extension of maternity protection to the broadest possible number of employed women.
10
Earlier Conventions on maternity protection (Conventions Nos. 3 and 103) prescribed
maternity leave of 12 weeks.

34
 Protection afforded in the different branches of social security

ensures that they can maintain themselves and their child in

proper conditions of health and with a suitable standard of living.
Where such benefits are based on previous earnings, they must
not be less than two-thirds of such earnings. Where other meth-
ods are used to determine the cash benefits, their amount has to
be comparable with the amount resulting on average from the
determination of benefits based on previous earnings. However,
in the case of countries whose economy and social security
system are insufficiently developed, the level of cash benefits
may be equivalent to the benefits payable for sickness or tem-
porary disability. Recommendation No. 191 encourages member
States to raise the level of maternity benefit to the full amount of
the woman’s previous earnings.
The medical benefits provided to protected persons must
include 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 reduction
of hours of work. These breaks or reduction of hours of work have
to be counted as working time and remunerated accordingly.
Finally, Convention No. 183 also contains several provisions
respecting health protection, employment protection and non-dis-
crimination. States must take measures to ensure that pregnant
or breastfeeding women are not obliged to perform work which
has been determined to be prejudicial to the health of the mother
or the child. Moreover, they have to adopt measures to ensure
that maternity does not constitute a source of discrimination in
employment or in access to employment. It is also prohibited for
employers to terminate the employment of a woman during her
pregnancy or absence on leave or during a period following her
return to work, except on grounds unrelated to the pregnancy or
birth of the child and its consequences or nursing. Finally, when
the woman returns to work, she must be guaranteed the right to
return to the same position or an equivalent position paid at the
same rate.

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

35
 Social security

considered necessary to preclude abuse. Once the benefit has

been 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 authorize
maternity leave longer than 12 weeks, the cash benefit must be
paid to the woman throughout the whole of the leave.
Convention No. 183 also envisages that entitlement to cash
benefits may be made subject to conditions, which conditions
must however be able to be satisfied by a large majority of the
women to whom the Convention applies. Furthermore, where
women 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. 128
and Recommendation No. 131
Definition of the contingency
The contingency covered is the inability to engage in any
gainful activity where such inability is likely to be permanent or
persists after the period during which the beneficiary is entitled
to benefit for temporary incapacity.
Recommendation No. 131 also calls for incapacity to engage
in an activity involving substantial gain to be taken into account.

Persons protected
The persons protected must comprise :

Convention No. 102 Convention No. 128

• prescribed classes of employees, • all employees, including

constituting not less than 50 per apprentices; or
cent of all employees; or
• prescribed classes of the • prescribed classes of the
economically active population, economically active population,
constituting not less than 20 per constituting not less than 75 per
cent of all residents; or

36
 Protection afforded in the different branches of social security

Convention No. 102 Convention No. 128

cent of the whole economically

active population; or
• all residents whose means during • all residents, or residents whose
the contingency do not exceed means during the contingency do
certain limits. not exceed certain limits.

Recommendation No. 131 advocates the extension of the

right 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 wife
and two children) must be equivalent to at least 40 per cent of
the reference wage for Convention No. 102. This rate is raised
to 50 per cent by Convention No. 128, while Recommendation
No. 131 advocates increasing it to 60 per cent. It also recom-
mends that national legislation should fix minimum amounts of
benefits so as to ensure a minimum standard of living 11 and that
increments to the amounts of these benefits should be provided
in 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 case
of 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 the
cost of living.
In addition to cash benefits, Convention No. 128 envisages
the adoption of measures for the provision of rehabilitation ser-
vices designed to prepare disabled persons for the resumption
of their previous activity or for another activity suited to their

11
It is interesting to note in this respect that it is only in the case of employment injury
that 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 common
origin, the concept of the minimum standard of living is only found in the Recommendation.

37
 Social security

aptitudes. The obligation to provide such services does not, how-

ever, apply to countries benefiting from temporary exceptions.

Qualifying conditions
Invalidity benefit at the level envisaged by the Conventions
must be secured to protected persons who have completed a
qualifying period of 15 years of contribution or employment, or
ten years of residence. As in the case of old-age benefit, where
the invalidity benefit is conditional upon a minimum period of
contribution or employment or, under Convention No. 128, of
residence, a reduced benefit must be secured to a person pro-
tected who has completed a qualifying period of five years of
contribution, employment or residence. Where all economically
active persons are protected, more flexible rules apply both for
the full invalidity pension and the reduced pension.

9. Survivors’ benefit
Convention No. 102, Part X; Convention No. 128
and Recommendation No. 131

Definition of the contingency

The contingency covered is the loss of support suffered by
the widow or children as a result of the death of the breadwinner.
The protection provided therefore concerns widows who were
dependent on the deceased breadwinner, and children whose
breadwinner (father or mother) has died. The term “child” means
a 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 higher
age where the child is an apprentice or student, or has a chronic
illness or infirmity disabling him or her from any gainful activity.
In the case of a widow, Convention No. 102 provides that
the 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, which
must 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 and
the benefit must be provided to her in any event. The two instru-

38
 Protection afforded in the different branches of social security

ments also permit, under certain conditions, the requirement of

a minimum period of marriage for entitlement to the benefit.

Persons protected
The persons protected must comprise :

Convention No. 102 Convention No. 128

• wives and children of breadwinners • wives, children and, as may be

in prescribed classes of employees, prescribed, other dependants of
which classes constitute not less breadwinners who were employees
than 50 per cent of all employees; or or apprentices; or
• wives and children of breadwinners • wives, children and, as may be
in prescribed classes of the prescribed, other dependants of
economically active population, breadwinners in prescribed classes
which classes constitute not less of the economically active
than 20 per cent of all residents; or population, which classes constitute
not less than 75 per cent of the
whole economically active
population; or
• all resident widows and resident • all widows, all children and all other
children who have lost their prescribed dependants who have
breadwinner and whose means lost their breadwinner, who are
during the contingency do not residents and, as appropriate, whose
exceed certain limits. means during the contingency do
not exceed certain limits.

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 of
all economically active persons. It also encourages member
States 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 of
which for a standard beneficiary (widow with two children)
must correspond to at least 40 per cent of the reference wage, in

39
 Social security

accordance with Convention No. 102. This rate is raised to 45 per

cent by Convention No. 128 and to 55 per cent by Recommen-
dation No. 131. This instrument also recommends, as for old-age
and invalidity benefit, that national legislation should fix mini-
mum amounts of benefits so as to ensure a minimum standard of
living and that increments to the amounts of these benefits
should be provided in certain circumstances, and particularly for
beneficiaries 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.

Qualifying conditions
The Conventions contain a number of provisions respecting
the qualifying period which the breadwinner must, as appropri-
ate, have completed for survivors’ benefit at the rate prescribed
by these Conventions to be secured to protected persons. This
qualifying period may consist of a period of contribution or
employment of not more than 15 years, or a period of residence
not exceeding ten years.
As in the case of old-age and invalidity benefit, where the
granting of survivors’ benefit is conditional upon the completion
of a period of contribution or employment, a reduced benefit
shall be secured to a person protected whose breadwinner has
completed 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 to
the provision of the full benefit and the reduced benefit.

40
III. Social security of migrant
workers

Migrant workers are confronted with particular difficulties in

the 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, and
may at the same time encounter restrictive conditions in the host
country with regard to their coverage by the national social secu-
rity system. Out of its concern from the outset for the situation of
these particularly vulnerable workers, the ILO has endeavoured
to provide them with protection through its standards, among
other means. The Conference has adopted general instruments
on migrant workers. In addition, general social security Conven-
tions explicitly or implicitly set forth the principle of equality of
treatment between nationals and foreign workers.
Finally, other ILO standards address the issue of the social
security 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). Both
instruments contain provisions relating to all nine branches of
social security. However, while a State which ratifies Convention
No. 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 in
force covering a specific branch, it is obliged to apply the provi-
sions of the Convention for that branch. The two instruments
provide for the possibility of States parties to derogate from their

41
 Social security

provisions by virtue of special arrangements concluded between

them, on condition that they do not affect the rights and obliga-
tions of other States parties and settle the issues that they cover
in terms which are at least as favourable as those envisaged in
the 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 rights
and 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 same
conditions as nationals in terms of coverage and entitlement to
social security benefits. In 1925, the Conference first set forth this
principle in a Convention specifically addressing the compensa-
tion of industrial accidents (Convention No. 19). The scope of
Convention No. 118 is much broader, since it covers the nine
branches of social security. For each of the branches that it
accepts, a State party to the Convention undertakes to grant
within its territory to nationals of any other State which has rati-
fied the Convention equality of treatment in social security with
its own nationals. An exception to this rule is, however, permit-
ted to exert pressure on any other State which does not respect
it. Furthermore, equality of treatment must be granted to refugees
and 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 on
non-nationals. The issue of equality of treatment, which is
addressed in a comprehensive manner in Convention No. 118, is
not 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

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

42
 Social security of migrant workers

when they cease to be resident on its territory. This principle,

which is essential for the social protection of migrant workers, is
intended to ensure them real equality of treatment and not just
legal equality.
In the case of long-term benefits (particularly invalidity, old-
age and survivors’ benefit, and annuities paid as a result of an
employment accident or an occupational disease), there is a
direct obligation to maintain acquired rights, 2 in the sense that it
is not dependent on the conclusion of an agreement between the
States concerned. A State party to Convention No. 118 has to
ensure the provision of benefits abroad in a specific branch for
its own nationals and the nationals of any other State which has
accepted 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 it
does not allow for the exclusion of any branches at the time of
ratification, the maintenance of acquired rights has to be ensured
for the nationals of other States parties to the Convention in any
branch of social security in which the States concerned have leg-
islation that is in force. 3 Finally, both Convention No. 118 and
Convention 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 the
case of long-term benefits, this obligation has to be ensured,
under Convention No. 118, for nationals of any other State for
which the Convention is also in force and for the branches of
social security which have been accepted by the States con-
cerned. Convention No. 157 establishes this principle for all the
branches of social security in which each State has legislation in
force. 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

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.

43
 Social security

conclude an agreement cannot be interpreted as non-compliance

with this obligation.

3. Maintenance of rights in course

of acquisition
Certain provisions in national legislation may give rise to
particular difficulties in their application to migrant workers.
These include qualifying conditions for entitlement to benefits,
which would oblige them to complete a new qualifying period
each time they change their State of residence. In such cases,
migrant workers would, for example, only receive very low
retirement pensions in comparison with those to which they
would have been entitled if they had contributed throughout
their career to the social security system in a single State. To
address this risk, the maintenance of rights in the course of acqui-
sition makes it possible to add together periods of coverage of
migrant 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 to
endeavour to participate in a scheme for the maintenance of
rights in course of acquisition similar to those described above
for the maintenance of acquired rights.

4. Applicable legislation
Convention No. 157 addresses this important issue. The
rules respecting the determination of the applicable legislation
are intended to prevent conflicts of laws and the undesirable con-
sequences that might ensue for those concerned either through
lack of protection or as a result of undue plurality of contribu-
tions or benefits. The States concerned have to determine by
common agreement the applicable legislation, in accordance
with certain principles set out in the Convention itself. The
applicable legislation is normally that of the State in which the
persons concerned carry out their occupational activity or, in the
case of persons who are not active, in which they are resident.
However, the States concerned may agree to exceptions from this
rule in the interests of the persons concerned.

44
 Social security of migrant workers

5. Administrative assistance and assistance

to persons
Convention No. 118 provides that States parties shall afford
each other administrative assistance free of charge with a view to
facilitating the application of the Convention and the implemen-
tation of their respective social security legislation. Convention
No. 157 also provides for such assistance, in principle free of
charge, subject to the reimbursement of certain costs.
In addition, States parties to Convention No. 157 have to
promote the development of social services to assist the persons
concerned in their dealings with the authorities, particularly with
respect to the award and receipt of benefits and the exercise of
their right of appeal, as well as to promote their personal and
family welfare.

The matters covered by Conventions Nos. 118 and 157 are

very complex, as has been seen. With a view to facilitating the
conclusion of agreements between the States concerned and
their coordination at the international level, the Maintenance of
Social Security Rights Recommendation, 1983 (No. 167) contains
model provisions in annex for the conclusion of bilateral and
multilateral social security instruments.

45
Annexes

Annex 1 below provides a comparative description, for each

of the nine branches of social security, of the protection afforded
by Convention No. 102 and the corresponding third generation
Conventions.
Annex 2 contains a chronological list of the ILO’s social
security Conventions and Recommendations. This list enumerates
the instruments which are up to date, that is Conventions whose
ratification is encouraged and Recommendations to which
member 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 standards
policy 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 longer
make a useful contribution to the achievement of the Organiza-
tion’s objectives, have been omitted.

47
48
Annex 1 – Benefits at a glance

The tables below summarize the minimum benefits to be provided to the persons protected. Only
Social security

the principal provisions of the social security Conventions are noted. The tables do not include the
derogations allowed for by these instruments, such as the provisions for countries where the economy
and medical resources are not sufficiently developed, nor the higher level of benefit advocated by the
relevant Recommendations.

1. Medical care

Convention No. 102 Convention No. 130

Nature of benefits • Preventive care. • The benefits enumerated in Convention

• General practitioner care, including No. 102; and also
home visits. • Dental care.
• Specialist care in hospitals or outside.
• The essential pharmaceutical supplies • Medical rehabilitation.
as prescribed.
• Hospitalization where necessary.
• Prenatal, confinement and postnatal
care either by medical practitioners or
by qualified midwives, and hospitalization
were necessary.
 Convention No. 102 Convention No. 130

Conditions of entitlement to benefits • Possibility to impose a qualifying period. • idem.

Duration of benefits • Benefit granted throughout the • idem.
contingency covered.
• Possibility of limiting the duration • Possibility of limiting the duration
of benefits to 26 weeks. of benefits to 26 weeks only when
the beneficiary ceases to belong to
the categories of persons protected in
a case of sickness which started while
she/he belonged to such categories.
• The duration of medical care is to be • idem.
prolonged as long as the beneficiary
is entitled to sickness benefit (see below)
and in case of diseases recognized
as entailing prolonged care.
Annexes

49
50
2. Sickness benefit

Convention No. 102 Convention No. 130

Social security

Nature of benefits • Periodical payments, corresponding • Periodical payments, corresponding

to at least 45% of the reference wage. to at least 60% of the reference wage.
• In case of death of the beneficiary, benefit
for funeral expenses.
Conditions of entitlement to benefits • Possibility to impose a qualifying period. • idem.
Duration of benefits • The benefit is to be granted throughout • idem.
the contingency.
• Possibility of establishing a waiting • idem.
period of three days.
• Possibility of limiting the duration of • Possibility of limiting the duration of
benefits to 26 weeks in each case of benefits to 52 weeks in each case of
sickness. sickness.
 3. Unemployment benefit

Convention No. 102 Convention No. 168

Nature of benefits • Periodical payments corresponding • Periodical payments corresponding

to at least 45% of the reference wage. to at least 50% of the reference wage.
• Beyond the initial period, possibility
of applying special rules of calculation.
Nevertheless, the total of benefits
to which the unemployed may be entitled
must guarantee them healthy and
reasonable living conditions
in accordance with national standards.
Conditions of entitlement to benefits • Possibility of prescribing a qualifying • idem.
period.
Duration of benefits • Possibility of establishing a waiting period • idem.
of seven days.
• The benefits have to be granted • idem.
in principle throughout the contingency.
• Nevertheless, the duration of the benefit • Possibility of limiting the initial duration
can be limited to 13 or 26 weeks, of payment of the benefit to 26 weeks
depending on the case, within a period in case of unemployment, or to 39 weeks
of 12 months. over any period of 24 months.
• In the event of unemployment continuing
beyond this initial period, the duration
of the payment of benefit may be limited
to a prescribed period and may be
calculated in the light of the resources
Annexes

of the beneficiary and his or her family.

51
52
4. Old-age benefit

Convention No. 102 Convention No. 128

Social security

Nature of benefits • Periodical payments, at least 40% • Periodical payments, at least 45%
of the reference wage. of the reference wage.
• The rates of periodical payments must • idem.
be revised following substantial changes
in the general level of earning and/or
in the cost of living.
Conditions of entitlement to benefits • The prescribed age must not be more • idem.
than 65 years.
• Possibility of fixing a higher age with • Possibility of fixing a higher age with due
due regard to the working ability regard to demographic, economic and
of elderly persons in the country. social criteria, which shall be
demonstrated statistically.
• If the prescribed age is 65 or higher,
the age must be lowered in respect
of persons who have been engaged
in arduous or unhealthy occupations.
• Possibility of prescribing a qualifying • idem.
period: either 30 years of contribution
or employment or 20 years of residence.
• Where a qualifying period is established, • idem.
obligation to guarantee a reduced benefit
after completion of a qualifying period of
15 years of contribution or employment.
Duration of benefits • The benefits have to be granted • idem.
throughout the contingency.
 5. Employment injury benefit

Convention No. 102 Convention No. 121

Nature of benefits • Medical care (a list of which is • idem. In addition, certain types of care
contained in the Convention). at the place of work.
• Periodical payments, corresponding • Periodical payments, corresponding to at
to at least 50% of the reference wage in least 60% of the reference wage in cases
cases of incapacity for work or invalidity. of incapacity for work or invalidity.
• In case of death of the breadwinner, • In case of death of the breadwinner,
benefits for the widow and dependant benefits for the widow, the disabled and
children. Periodical payments dependent widower, dependent children,
corresponding to at least 40% as well as all other persons,
of the reference wage. as recognized under national legislation.
Periodical payments corresponding
to at least 50% of the reference wage.
• Obligation to prescribe a minimum
amount for these periodical payments.
• Except in the case of incapacity for • idem.
work, obligation to revise the rates
of periodical payments following
substantial changes in the cost of living.
• Possibility of converting periodical • Possibility of converting periodical
payments into a lump sum where (1) payments into a lump sum (1) in the case
the degree of incapacity is slight or of loss of earning capacity which is not
where (2) the competent authority is substantial and (2) in exceptional
satisfied that the lump sum will be circumstances, and with the agreement
properly utilized. of the injured person, when
Annexes

53
54
Convention No. 102 Convention No. 121

the competent authority has reason

to believe that such lump sum will be
Social security

utilized in a manner which is particularly

advantageous for the injured person.
• Supplementary benefits for disabled
persons requiring the constant help
of a third person.
Conditions of entitlement to benefits • Prohibition to prescribing a qualifying • idem.
period.
• In the case of a widow, the right to benefit • Possibility for the national authority
may be made conditional on her being to prescribe conditions under which
presumed to be incapable of self-support. a widow can claim the benefits.
Duration of benefits • No waiting period except in the case • Possibility of fixing a waiting period
of temporary incapacity to work in cases of incapacity to work if the delay
(maximum 3 days)· was provided for under legislation at
the time the Convention entered into
force and the reasons for this still exist.
• The benefit has to be granted throughout • idem.
the contingency.
 6. Family benefit

Convention No. 102 No third generation instrument

Nature of benefits (a) Either periodical payments; or /

(b) the provision of food, clothing, housing,
holidays or domestic help; or
(c) a combination of (a) and (b).
Minimum amount for the total value
of the benefits granted in the country.
Conditions of entitlement to benefits Possibility of prescribing a qualifying period, /
either three months of contribution
or employment, or one year of residence.
Duration of benefits In the case of periodical payment, it shall be /
granted throughout the contingency.
Annexes

55
56
7. Maternity benefit

Convention No. 102 Convention No. 183

Social security

Nature of benefits • Medical care including at least prenatal, • Medical benefits including prenatal,
confinement and postnatal care either childbirth and postnatal care, as well as
by medical practitioners or by qualified hospitalization care when necessary.
midwives and hospitalization where
necessary.
• Periodical payments, at least 45% • Cash benefits that ensure that the woman
of the reference wage. can maintain herself and her child
in proper conditions of health and with
a suitable standard of living. At least 2/3
of previous earnings or equivalent
amount.
Conditions of entitlement to benefits • Possibility of prescribing a qualifying • Conditions to qualify for cash benefits
period. must be able to be satisfied by a large
• Benefit also has to be secured to majority of the women to whom
the wife of a man in the classes the Convention applies. Where a woman
protected where the latter has completed does not meet the conditions to qualify
the qualifying period. for cash benefits, she must be entitled to
adequate benefits out of social assistance
funds, subject to the means test required
for such assistance.
Duration of benefits • Benefits granted throughout • Benefits granted throughout
the contingency. the contingency; 14 weeks or more
in cases of illness or complications.
 Convention No. 102 Convention No. 183

• Possibility of limiting periodical payments

to 12 weeks, unless a longer period
of absence from work is required or
authorized by national laws or regulations.
Annexes

57
58
8. Invalidity benefit

Convention No. 102 Convention No. 128

Social security

Nature of benefits • Periodical payments, corresponding • Periodical payments, corresponding

to at least 40% of the reference wage. to at least 50% of the reference wage.
• The rates of periodical payments must be • idem.
revised following substantial changes
in the general level of earning and/or
in the cost of living.
• Obligation to provide rehabilitation
services and take measures to further
the placement of disabled persons
in suitable employment.
Conditions of entitlement to benefits • Possibility of prescribing a qualifying • idem.
period, either 15 years of contribution
or employment, or 10 years of residence.
• In this case, obligation to secure • Obligation to secure a reduced benefit
a reduced benefit after a qualifying after a qualifying period of 5 years of
period of 5 years of contribution contribution, employment or residence.
or employment.
Duration of benefits • The benefits shall be granted • idem.
throughout the contingency or until
old-age benefits become payable.
 9. Survivors’ benefit

Convention No. 102 Convention No. 128

Nature of benefits • Periodical payments, corresponding • Periodical payments, corresponding

to at least 40% of the reference wage. to at least 45% of the reference wage.
• The rates of periodical payments must • idem.
be revised following substantial changes
in the general level of earning and/or
in the cost of living.
Conditions of entitlement to benefits • Possibility of requiring the breadwinner • idem. Nevertheless, the completion by
to complete a qualifying period which a widow of a prescribed qualifying period
may be 15 years of contribution of residence may be required instead.
or employment, or 10 years of residence.
• In this case, obligation to secure reduced • idem.
benefits if the breadwinner has completed
a qualifying period of five years
of contribution or employment.
• In the case of a widow, the right
to benefits may be made conditional
on her being presumed to be incapable
of self-support.
• For childless widows presumed • Possibility of prescribing an age
to be incapable of self-support, condition for widows (no higher than
a minimum duration of the marriage the age prescribed for old-age benefits),
may also be required. except if they are invalid or caring for
a dependent child of the deceased.
Annexes

59
60
Convention No. 102 Convention No. 128

• Possibility of requiring a minimum

duration of the marriage.
Social security

Duration of benefits • The benefit has to be granted throughout • idem.

the contingency.
 Annexes

Annex 2 – List of social security

standards

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)

61
62
Annex 3 – Status of social security standards

Comprehensive standards
Social security

Instruments Number of Status

ratifications 1

Up-to-date instruments
Social Security (Minimum Standards) 40 The Governing Body decided:
Convention, 1952 (No. 102) (a) to invite the Office to offer, in appropriate cases, technical
assistance with respect to Convention No. 102, including
the dissemination of information in the light of the conclusions
of the general discussion on social security that was held at
the 89th Session (June 2001) of the Conference;
(b) to invite member States to contemplate ratifying this Convention;
(c) to invite member States to inform the Office of obstacles or
difficulties encountered, if any, that might prevent or delay
ratification;
(d) that the Committee on Legal Issues and International Labour
Standards re-examine the status of this Convention in due course.
Income Security Recommendation, — The Governing Body has invited member States to give effect
1944 (No. 67) to Recommendation No. 67.

1
In the following tables, the number of ratifications is indicated as of 31 December 2002.
 Instruments Number of Status
ratifications

Instruments with interim status

Social Insurance (Agriculture) —
Recommendation, 1921 (No. 17) The Governing Body decided to maintain the status quo with
regard to Recommendations Nos. 17 and 68.
Social Security (Armed Forces). —
Recommendation, 1944 (No. 68)

Medical care and sickness benefit

Up-to-date instruments
Social Security (Minimum Standards) 40 See above (comprehensive standards).
Convention, 1952 (No. 102) (Parts II
and III)
Medical Care and Sickness Benefits 14 The Governing Body decided:
Convention, 1969 (No. 130) (a) to invite the Office to offer, in appropriate cases, technical
assistance with respect to the Convention No. 130, including
the dissemination of information in the light of the conclusions
of the general discussion on social security that was held at
the 89th Session (June 2001) of the Conference;
(b) to invite member States to contemplate ratifying this Convention;
(c) to invite member States to inform the Office of obstacles or
difficulties encountered, if any, that might prevent or delay
ratification;
Annexes

63
64
Instruments Number of Status
ratifications

(d) that the Committee on Legal Issues and International Labour

Standards re-examine the status of Convention No. 130 in due
Social security

course.
Medical Care and Sickness Benefits — The Governing Body decided:
Recommendation, 1969 (No. 134) (a) to invite member States to give effect to Recommendation
No. 134;
(b) to invite the Office to offer, in appropriate cases, technical
assistance with respect to this Recommendation, including the
dissemination of information in the light of the conclusions of the
general discussion on social security that was held at the 89th
Session (June 2001) of the Conference.

Instruments with interim status

Medical Care Recommendation, 1944 — The Governing Body decided to maintain the status quo with
(No. 69) regard to Recommendation No. 69.

Unemployment benefit
Up-to-date instruments
Social Security (Minimum Standards) 40 See above (comprehensive standards).
Convention, 1952 (No. 102) (Part IV)
Employment Promotion and Protection 6
against Unemployment Convention, This instrument was adopted after 1985 and is considered
1988 (No. 168) up to date.
 Instruments Number of Status
ratifications

Employment Promotion and Protection — This instrument was adopted after 1985 and is considered
against Unemployment Recommendation, up to date.
1988 (No. 176)

Old-age, invalidity and survivors’ benefit

Up-to-date instruments
Social Security (Minimum Standards) 40 See above (comprehensive standards).
Convention, 1952 (No. 102)
(Parts V, IX and X)
Invalidity, Old-Age and Survivors’ Benefits 16 The Governing Body decided:
Convention, 1967 (No. 128) (a) to invite the Office to offer, in appropriate cases, technical
assistance with respect to Convention No. 128, including
the dissemination of information in the light of the conclusions
of the general discussion on social security that was held at
the 89th Session (June 2001) of the Conference;
(b) to invite member States to contemplate ratifying this Convention;
(c) to invite member States to inform the Office of obstacles or
difficulties encountered, if any, that might prevent or delay
ratification;
(d) that the Committee on Legal Issues and International Labour
Standards re-examine the status of Convention No. 128 in due
course.
Annexes

65
66
Instruments Number of Status
ratifications

Invalidity, Old-Age and Survivors’ Benefits — The Governing Body decided:

Recommendation, 1967 (No. 131) (a) to invite member States to give effect to Recommendation
Social security

No. 131;
(b) to invite the Office to offer, in appropriate cases, technical
assistance with respect to this Recommendation, including the
dissemination of information in the light of the conclusions of the
general discussion on social security that was held at the 89th
Session (June 2001) of the Conference.

Employment injury benefit

Up-to-date instruments
Social Security (Minimum Standards) 40 See above (comprehensive standards).
Convention, 1952 (No. 102) (Part VI)
Employment Injury Benefits Convention, 23 The Governing Body decided:
1964 (No. 121) (a) to invite the Office to offer, in appropriate cases, technical
assistance with respect to Convention No. 121, including
the dissemination of information in the light of the conclusions
of the general discussion on social security that was held at
the 89th Session (June 2001) of the Conference;
(b) to invite member States to contemplate ratifying this Convention;
(c) to invite member States to inform the Office of obstacles or
difficulties encountered, if any, that might prevent or delay
ratification;
 Instruments Number of Status
ratifications

(d) that the Committee on Legal Issues and International Labour

Standards re-examine the status of Convention No. 121 in due
course.
Employment Injury Benefits — The Governing Body has invited member States to give effect
Recommendation, 1964 (No. 121) to Recommendation No. 121.

Instruments with interim status

Workmen’s Compensation (Agriculture) 75 The Governing Body decided to maintain the status quo with
Convention, 1921 (No. 12) regard to Convention No. 12.

Maternity benefit
Up-to-date instruments
Social Security (Minimum Standards) 40 See above (comprehensive standards).
Convention, 1952 (No. 102) (Part VIII)
Maternity Protection Convention, 2000 4
No. 183) These instruments were adopted after 1985 and are considered
up to date.
Maternity Protection Recommendation, —
2000 (No. 191)
Annexes

67
68
Instruments Number of Status
ratifications

Instruments with interim status

Social security

Maternity Protection Convention, 1919 30 The Governing Body decided:

(No. 3) (a) to invite the States parties to Convention No. 3 to contemplate
ratifying the Maternity Protection Convention, 2000 (No. 183), and
denouncing Convention No. 3 at the same time;
(b) to invite the States parties to Convention No. 3 to inform the Office
of the obstacles and difficulties encountered, if any, that might
prevent or delay the ratification of Convention No. 183;
(c) to maintain of the status quo with regard to Convention No. 3;
(d) that the Committee on Legal Issues and International Labour
Standards re-examine the status of Convention No. 3 in due
course.

Family benefit
Up-to-date instruments
Social Security (Minimum Standards) 40 See above (comprehensive standards).
Convention, 1952 (No. 102) (Part VII)
 Social security of migrant workers

Instruments Number of Status

ratifications

Up-to-date instruments
Social Security (Minimum Standards) 40 See above (comprehensive standards).
Convention, 1952 (No. 102) (Part XII)
Equality of Treatment (Social Security) 38 The Governing Body decided:
Convention, 1962 (No. 118) (a) to invite the Office to offer, in appropriate cases, technical
assistance with respect to Conventions Nos. 118 and 157,
Maintenance of Social Security Rights 3 including the dissemination of information in the light of
Convention, 1982 (No. 157) the conclusions of the general discussion on social security
that was held at the 89th Session (June 2001) of the Conference;
(b) to invite member States to contemplate ratifying these
Conventions;
(c) to invite member States to inform the Office of obstacles or
difficulties encountered, if any, that might prevent or delay
ratification;
(d) that the Committee on Legal Issues and International Labour
Standards re-examine the status of these Conventions in due
course.
Maintenance of Social Security Rights — The Governing Body decided:
Recommendation, 1983 (No. 167) (a) to invite member States to give effect to Recommendation
No. 167;
(b) to invite the Office to offer, in appropriate cases, technical
assistance with respect to this Recommendation, including the
dissemination of information in the light of the conclusions of the
Annexes

general discussion on social security that was held at the 89th

Session (June 2001) of the Conference.

69
70
Instruments Number of Status
ratifications

Instruments with interim status

Social security

Equality of Treatment (Accident 120 The Governing Body has invited the States parties to Convention
Compensation) Convention, 1925 No. 19 to contemplate ratifying the Equality of Treatment (Social
(No. 19) Security) Convention, 1962 (No. 118), and to accept the obligations
of this Convention in particular in respect of its branch (g)
(employment injury benefits).
Equality of Treatment (Accident — The Governing Body decided to maintain
Compensation) Recommendation, the status quo with regard to Recommendation No. 25.
1925 (No. 25)