Resource

ILO Standards Protecting the Rights of Migrant Workers to Social Security

  • English
ILO
2006

Summary (English)

The Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), which specifically establishes the right to equality of treatment for foreign workers of any other State which has ratified the Convention, in respect of workmen's compensation for industrial accidents; Convention No. 19 also provides for the export of benefits of foreign workers covered by the Convention, however, only in case, the ratifying State provides for such export of benefits for its own nationals;

The Equality of Treatment (Social Security) Convention, 1962 (No. 118), which provides for the right to equality of treatment with regard to all nine branches of social security. For each of the nine branches that it accepts, a State party to the Convention undertakes to grant within its territory to nationals of any other State which has ratified the Convention equality of treatment with its own nationals. But it also provides for some flexibility permitting exclusions of non-nationals in case when benefits or parts of benefits are payable wholly out of public funds. The Convention further provides for the maintenance of acquired rights and the export of benefits. In essence, a State party to Convention No. 118 has to ensure the provision of benefits abroad in a specific branch for its own nationals and for the nationals of any other State that has accepted the obligations of the Convention for the same branch, irrespective of the place of residence of the beneficiary; and

The Maintenance of Social Security Rights Convention, 1982 (No. 157), and Recommendation (No. 167), which institute an international system for the maintenance of acquired rights and rights in the course of acquisition for workers who transfer their residence from one country to another, and which ensure the effective provision of the benefits abroad when they return to their country of origin. Under this Convention, 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 legislation in force. Within this context, the Convention provides for the conclusion of bilateral or multilateral social security agreements. In addition, the Recommendation contains model provisions for the conclusion of such agreements.

Dossier
28.03.2012