Social security agreements

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Universal ratification of international conventions is key to strengthening social protection for migrant workers and their families. They can be either ratified as a whole or guide national or multinational initiatives. Furthermore, these Conventions establish the basic principles that shape all bilateral or multilateral social security agreements:

•  Equality of treatment; signifies that all workers engaged in remunerated labour should enjoy equal provisions of social security. Through the agreement, countries accept to treat migrant workers equally to their own nationals with regards to social protection. This provision can also be extended to the worker's family members.;
•  Payment of benefits abroad (portability); which means that any acquired right, or right in course of acquisition, should be guaranteed to the migrant worker in one territory, even if it has been acquired in another, and that there should be no restriction on the payment of benefits for which the migrant has qualified in any of the others;
• Determination of the applicable legislation; to ensure that the social security of a migrant worker is governed at any one time by the legislation of one country only;
• Maintenance of rights in course of acquisition (totalization); which means that where a right is conditional upon the completion of a qualifying period, account should be taken of periods served by the migrant worker in each country;
• Administrative assistance; reduce administrative difficulties by providing for mutual administrative assistance between the social security authorities and institutions of participating members. These can include the management of applications and the transfer of information.

Unilateral social security agreements Countries of employment can provide unilateral social security agreements to ensure equality of treatment between nationals and non-nationals regarding social protection as well as extension of benefits abroad protecting family members left behind in the country of origin and ensure the export of benefits when the workers return home. Also, labour-sending countries can assume responsibility for providing basic levels of protection. Unilateral agreements are advantageous for States which have large groups of their nationals working abroad, sometimes in countries with little or no social protection provisions. The administrative burden of these types of agreements are lower than for bilateral or multilateral agreements, since there is no need to coordinate with other countries, although overseas offices are required. Yet, unilateral agreements scope is limited to only a few types of benefits and to schemes that rely on contributions.

Bilateral social security agreements There are various examples of bilateral social security agreements covering from the most basic to the most extended social security provisions. Each agreement is concluded between two countries and includes procedures and forms as well as persons and benefits covered particular to the individual agreement only. Bilateral agreements offer the advantage of flexibility since the participating countries can choose which benefits they are willing to cover. Also, the administrative burden of this type of agreement is usually limited. Yet, unlike multilateral agreements, they hinder to the principle of equality of treatment by differentiating migrant workers on basis of nationality.

Multilateral social security agreements Most social security agreements are bilateral, involving two countries. However, there are some notable examples of agreements to which many countries are party to. Some examples of good practices in coordinating multilateral social security agreements can be found in all four corners of the world, in the EU as well as in the Caribbean, the Gulf Region, Latin America and western Africa. Multilateral agreements on social security offer many advantages because they allow for many countries to coordinate standards and rules for the administration of social security at one time. Also they ensure the equal treatment of workers, unaffected by nationality. Despite the advantages of multilateral agreements, the administrative complexity and weight as well as economic challenges hinder to the scope of their success.

Learn more about social protection for migrant workers

• Context
• International instruments and labour standards