This document discusses social security in employment. It begins with an introduction to social security and its elements. It then discusses social security under international human rights instruments and ILO conventions, including those ratified by Sri Lanka. Italy's social security system is presented as an example from another jurisdiction. Sri Lanka's national legislation dealing with social security is examined. The Social Security Board of Sri Lanka is described as well as social security schemes for different sectors. Recommendations are provided and the document concludes by noting some non-legal factors important to social security.

1. SOCAIL SECURITY IN
EMPLOYMENT
Group-05
BY
A.ARJUN
T.LUXSHINI
T.JESINTHA

2. Contents of our Presentation
01.Introduction of Social Security in Employment.
02.Elemts of Social Security
03.Socail security Under International Human Rights Instruments.
04.ILO Conventions on Social Security
05.ILO Conventions ratified by Sri Lanka and implementation
mechanism.
06.Italy’s practice in Social security System.
07. Sri Lanka’s National legislations deal with Social Security in
employment.
08.Socail Service Board of Sri Lanka
09.Recommnadations
10.Conclusion

3. BARACK OBAMA
“We will keep the promise of Social
Security by taking the responsible steps
to strengthen it - not by turning it over to
Wall Street”.

4. What is mean by Social
Security in Employment ?
Social Security is not a new concept to the world it begins form the
very early stage even not from the thought of human rights but
started from Natural Rights.
“The most perfect system of government is that which
produces the greatest amount of happiness, the greatest
amount of social security and greater amount of political
stability”.--Simón Bolívar (1819)
Social security in Employment is admire as a basic human right
involves access to health care and income security, particularly in
cases of old age, unemployment, sickness, invalidity, work injury,
maternity or loss of a main income earner
The structure of the Social Security maintained by respective
states through Social Insurance Programs.

5. Only 20 per cent of the world’s population has adequate social security coverage and more
than half lack any coverage at all.
We can divide the social security schemes as contributory and non contributory schemes.
Contributory schemes means the employee ( Beneficial Owner) Should contribute a
monetary contribution to assure his future and sudden benefits.
Non Contributory Benefits are relied on employer’s contribution for employees and largely
depend on state's contribution. The developed states forward this method and promote the
Social Security schemes in Social Security mostly in case of Unemployment benefits.
Social Security
Scheme
Contributory
Scheme
Non-Contributory
Scheme

6. ELEMENTS OF SOCIAL
SECURITY

7. Social Security Under International
Human Rights Instruments.
UDHR article 25 (Right to social Security)
Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing
and medical care and necessary social services, and the right to security in
the event of unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control
ICCPR Article 9 ( The right of every one for Social Security including Social
Insurance)
Convention on elimination of All Forms of Racial Discrimination ( Article 5)
Convention on elimination of all forms of discrimination against women
(Article 11)
Convention on the Rights of Children (Article 26)

9. SOCIAL SECURITY IN EMPLOYMENT
ENRICHED IN ILO
ILO is an international Body which works to
protect and promote the labour standards in all
over the world. Therefore it has numerous legal
instruments to protect labour interest including
to promote Socail Security all over the world.
We have summarized some vital instruments
which directly deal with the concept of Social
Security in Employment.

10. Sri Lanka’s Ratification on ILO
Conventions in Socail Security Ratio.
40%
60%
0%0%
Conventions of ILO
Ratified By Sri Lanka
Not Ratified By Sri
Lanka

11. C102 - Social Security (Minimum
Standards) Convention, 1952
We mentioned this ILO convention on Social Security in Employment because it is the very
fundamental convention in all of other Social Security conventions but the vital
consideration is until now it never ratified by Sri Lanka.
This convention convened on Thirty Fifth Session at Geneva on 4th June 1954.
The convention contains many elements of Social Security as the same time provides the
flexible measures based on the satisfactory discretion to the Director General of ILO.
Article 07 of the Convention require the contracting party to provide adequate medical
assistance and health care systems for their employees.
Article 14 speaks about Sick Benefits and require the contracting states shall cover
including incapacity for work resulting from a morbid condition and involving
suspension of earnings, as defined by national laws or regulations.
Article 20 Speaks about the unemployment benefits the contracting states should take
adequate measures to protect the persons on unemployment.

12. Article 25- All contracting states according to their capability should maintains Old
age benefit to its nationals.
Article 31- All contracting countries should maintain the standard of safe and healthy
work placer and pave the way to Employment Injury Benefit
Article 39- Contracting parties provide Family Benefit to its employees including
matrimonial and Child care benefits.
Article 46- All contracting States provide Maternity Benefit further pre and post
pregnancy care.
Article 53- All contracting parties maintain the Invalidity Benefit and continues proper
care those who fell in purview of Invalidity.
Article 59- All contracting parties give successive rights for dependents and make
schemes. Survivors’ Benefit
Article 68- Require the states to give equal status on social Security Schemes for Non-
Residents

13. ILO V SRI LANKA
Element ILO Convention Ratifying Status Relevant National Legislation
Health Benefit
C130 - Medical Care and Sickness Benefits Convention, 1969
Medical Wants Ordinance
Unemployment
C168 - Employment Promotion and Protection against Unemployment
Convention, 1988
Janasaviya Act (No. 4 of 1989)
and Samurdhi Authority of Sri
Lanka Act (No. 30 of 1995)
Family and Child Support C156 - Workers with Family Responsibilities Convention, No provisions in National level.
Maternity benefits
C103 - Maternity Protection Convention (Revised), 1952
Maternity Benefits Ordinance
of 1939 and Shop and Office
Employees Act and Health
Services Act, 2000

14. Old Age Benefit C128 - Invalidity, Old-Age and Survivors' Benefits Convention, 1967
The Pension Fund, ETF Act No 46 of
1980, EPF Act No 15 of 1958 and
Payment of Gratuity Act No 12 of 1983
Injury Benefits
C121 - Employment Injury Benefits Convention, 1964 [Schedule I
amended in 1980]
Workmen's Compensation Ordinance,
1934 and Shop and Office Employees
Act, 1954, Factories ordinance.
Disability benefit and Protection
C159 - Vocational Rehabilitation and Employment (Disabled Persons)
Convention, 1983
Workmen's Compensation Ordinance,
1934 and Shop and Office Employees
Act, 1954
Provisions for Survivors and Orphans C128 - Invalidity, Old-Age and Survivors' Benefits Convention, 1967
The Workmen Compensation ordinance,
The Public and Private Sector benefits
through pension and Lump Sum

15. Social Security in Other
Jurisdictions
Italy
The Italian Social Security system is managed by the National Social Security
Institute which provides benefits to employees and the self-employed in case
of illness, maternity/paternity or unemployment. It also oversees family
allowances and provides benefits for the elderly and disabled.
Switzerland
The social Security in employment administered by different canton and
Federal Agencies. The schemes are devolved as compulsory and voluntary.
Most of the key benefits include with compulsory and supplementary
benefits categorized as voluntary.

16. Sri Lankan Standard on Socail
Security in employment
When comparing with other East Asian countries Sri
Lanka has the good approach towards the labour
protection and effective promotion on social security
in employment
But while comparing the international standards and
developed countries’ standard, we still exist in back
ages.

17. Constitutional Guarantee in Sri
Lanka for Social Security
We have no direct provisions dealing with Social Security under
fundamental rights Chapter but through 12(4) the advancement of
Women and Children ensured. It may useful to consider the basic social
protection for valuable group in community.
Further 14(g) and 14(d) ensure the rights respectively to engage in any
lawful occupation and trade union freedom.
Further under Directive principles of State policy, Article 27(9) express
that The State ensure social security and welfare. In addition article 27(2)
(b) and (c ) speaks about the state’s responsibility to provide the basic
standards of living.
Last but not least section 27(15) speaks about the responsibility to obey
the International Instruments. It was ensured by Eppawala Case

18. Sri Lankan National legal Perspective in
Social Security
Under Sri Lankan legal perspective many laws cover different areas of Socail Security
in Employment. Most of them are Labour legislations and some of them covered
under final regulations.
Under the respective acts legislature of Sri Lanka established and entrusted different
governmental bodies to monitor the social security for an example.
For Private Sector Benefit under EPF system Central Bank of Sri Lanka is responsible
for the good returns to its members. (The Employees federation of Sri Lanka very
recently blamed on that the returns for EPF members)
The Self employment system, the Socail Security Board of Sri Lanka
has the responsibility towards protect its members.

19. Sri Lankan Laws to Cover the Socail
Security
1. Employee’s Provident Fund Act No 15 of 1958
“it covers some class of employees and the
contributory fund administered jointly by labour
department and CBSL. It has the responsibility to
give proper higher returns to its members.
2. Employee’s Trust Fund Act No 46 of 1980
the truest fund give the status to the employee as
administrator, the Contributory ratio is 3% on his
salaries. The minimum period of return eligibility is
5 years.

20. 3. Payment of gratuity Act No 12 of 1983
The gratuity can be claimed by the employee who
worked for five or more. The labour tribunal has the
power through Industrial dispute Act section 31b (1) (b)
to settle the gratuity for workmen.
In Devanayagam case the labour tribunal held the due is not
consider as legal but relief on just AND EQUTABLE.
In Silva V southern freighters Ltd 74 NLR 239, Court held that 8
year service period is long enough to calming the gratuity

21. The national Union of WORKERS v Scottish Ceylon tea company ltd 78
NLR 133
In this case supreme court of Sri lanka finally clear the issues on
gratuity claims and said that, uninterrupted service for 5 years is give
entitlement for gratuity benefits but domestic servants and the
pensioners under non- contributory schemes excluded from the benefit
of gratuity.
4.Termination of Employment (Special provisions) Act no 15 of 1971

22. Socail Security in employment in
Different sectors
1.Social Security Schemes for public sector workers
2.Social security schemes for private sector workers
3.Social security schemes for workers in the
informal economy

23. Social Security Schemes for
public sector workers
Public servants covered by Public,
01.Public Servants’ Pension Scheme (PSPS),
Establish in 1901and make compulsory and financed by public
treasury fund.
02.the Public Servants’ Provident Fund (PSPF)
was established in 1942 as a mandatory contributory old-age
benefit scheme for government employees not eligible for
coverage under the PSPS
03.Widows and Orphans Pension (W&OP) scheme.

24. Socail Security for Private Sector
employees
The main schemes covering private sector workers
are
01.the Employees’ Provident Fund(EPF)
02.the Employees’ Trust Fund (ETF)
03. the Approved Private Provident Funds (APPFs).

25. Socail Security for Self Employed
personal
There is no strict regulations to cover the benefit for
self employed personal. But government of Sri lanka
implanted some schemes to protect self employees.
01.Farmers pension and social benefit scheme 1987
02.Fishermen pension and social benefit scheme 1990
(Eriyagama V Rannan Eliya)
03.Pension and social security for self employed
personal

26. MATERNITY BENEFITS
Sri Lanka has two different approach toward public and private sector.
01. Maternity benefits ordinance no 32 of 1939 covers the public service
Full pay for 84 working days, and thereafter
a further 84 working days on half pay, and yet another
84 working days without pay.
02.Shop and office employees act No covers the private employees
84 working days leave in respect of the first two live births
42 working days leave in respect of the third and subsequent births for
confinements resulting in the issue of a viable fetus.

27. Criticism on Sri Lankan maternity
benefits
When Comparing with other countries the develop countries
allows the paternity benefits in Italy father entitle for unpaid
13 weeks leave for all birth. But in the spectrum of Sri Lanka
there is no legislative back born for paternity benefits.
Further the option given to employee to break the legal
facility for leave and return the work after mandatory leave
period.

28. Social security Board of Sri Lanka(SSB)
In Sri Lankan Purview there is no compulsory old age or pension benefits for informal sector workers.
Some specific targeted social insurance schemes are in active like agriculture insurance schemes but
those not cover a large quantity of Category.
This board Establish under the Social Security Board Act 1996 as amended by 1999 under Ministry of
finance and Planning.
This board enlarged its services under “Mahintha Chinthana” .
At present the Social Security benefits schemes are operational for those in self-employment, private
sector employees, foreign employees, professionals, arts and craftsmen and industrialists.
Under this board’s Scheme the benefits on Life time monthly pension, Total Disablement Benefits,
Partial disable benefit and Death Gratitude.

29. They have different social Insurance Schemes called Surakuma and Arassawa any
employee can join under the scheme with the minimum subscription amount SLR
1000.

30. Recommendations
1. Sri Lanka Should ratify and implement the ILO Convention C102 - Social Security (Minimum Standards) Convention, 1952
and related instruments.
2. While take a little satisfaction on other elements of Socail Security but the unemployment benefits and paternity benefits
are in very low level. The Termination of employment of workers act (TEWA) . So the legislature should take forwarding's to
cure this gaps.
3. The health Care insurance should be maintained as compulsory by the government and the financial allocation also should
increased. (Like Switzerland)
4. Right to health should be constitutionalized (Like South Africa)
5.Existing Beneficial system should be decentralized and give proper awareness to the particular target group.
6.The allocation of Budget financing ratio in Social welfare and Social Security should be increased. (Like Singapore)
7.A corporation link should be established between Asian nations to coordinate the social security benefit scheme like European
Union Coordination.

31. Conclusion
While Concluding, we want to consider the Non-legal Factors because we admire that the concept of
social security depend not only the black letter approach rather than the reality in Society.
The first thing is corruption should be framed and erased in effective way, because any benefit or
insurance schemes are mostly relied on contributory in Sri Lanka, so the government has the
responsibility to make all handlings make in transparent manner then only people believe in such
schemes.
IF any thing we proposed in our recommendations within the legal spectrum the arrangement of
social security especially in the non- contributory schemes largely depend on government’s pocket. So
the national economic capacity of the state definitely reflect in its Social Security schemes.
The people’s attitude towards the Social Security System is important when people realize their
dignity in their work, hence they pave their own way to create a sufficient social security schemes of
them. ( In Switzerland the people feel uncomfortable to enjoy the Socail security because they hate
free lunch)