TNAG-0531-FCO40-626-Application-of-International-Labour-Convention-to-Hong-Kong-1975 — Page 45

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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of representatives on advisory committees.

The Social Security (Minimum Standards) Convention, 1952 (No. 102), lays down the following principle in this respect: first the government is ultimately responsible for proper administration, as it is also for solvency. Secondly, the persons protected certainly, and the employers and the government possibly, are to participate in the management, where the scheme is not directly administered by the government. In any case for the planning and implementation of a social security scheme, it is most necessary to ensure active co-operation of employers' and workers' organisations. In practice, therefore, various educational and public relations activities are conducted with the operation of these organisations as well as the public authorities concerned, with a view to disseminating the information concerning social security among employers, workers and general public, and to ensure their full understanding and participation which are essential prerequisites for the successful planning and operation of any scheme of social security.

64.

co-

The administrative functions in a social security scheme are distributed between central and local bodies having regard to the convenience of the persons protected and to economy. Those branches of the scheme which frequently come into contact with beneficiaries will require local offices in all localities where the insured population attains a minimum density. The insured persons prize simplicity and promptness. Every effort should, therefore, be made to ensure their easy access to the scheme, and in this sense, local offices being its point of public contact have their importance in its operation. The main index of employers and insured persons is housed at a central office and from it information is supplied, as neces- sary, to the local offices in connection with the determination of entitlement to benefit. In addition there are special units in the central office to deal with matters of general concern to the scheme such as finance and audit, collection of statistics, staff records and supervision, equipment and maintenances of offices,

etc.

the scheme.

65. While it is always accepted that there should not be any gap between legislation and

administration, such gaps can occur. In some countries the social insurance scheme in fact protects only a portion of the employees who, according to the law, are entitled to protection. In some cases the number of members in fact contributing is far smaller than that of those who are nominally registered under The reasons for such situations may be: very ambitious legal provisions or political decisions; the intention may have been to cover as many persons as possible in the shortest time, disregarding various limiting factors. Apathy and even intentional evasion of the law on the part of some employers and workers may hinder the efforts of the social security institution to ensure a fuller coverage.

Social security institutions may be in difficulty because their administrative resources and staff are unduly limited.

66. Administration of an unemployment benefit scheme gives rise to problems which аге technically different from those in other benefit branches. Generally speaking, benefit under unemployment insurance is paid in the case of suspension of earnings due to the involuntary unemployment of the insured person who is ordinarily employed, and is available for, and capable of suitable, regular and whole-time employment. Whether unemployment is involuntary or not can be tested by reference to the applicant's last employer. Whether he is ordinarily employed can be tested by requiring satisfaction of prescribed qualifying tests such as the number of insurance contributions paid in respect of him over a recent period. Capability for work is not difficult to test where the administration of sickness benefit and that of unemployment benefit are closely linked. The question as to what is suitable employment is often a delicate one. An employment is usually held to be suitable for this purpose if it corresponds to the applicant's occupational qualifications and

physical capacity, and is remunerated at a rate not below what is usual for the job in question. An employment is not considered as suitable if the vacancy arises in consequence of an industrial dispute. The final aspect to be determined is the applicant's availability for work. The best test of availability is the offer of a job. Then if suitable employment is refused by an applicant, it must cast serious doubts on his availability for work. It follows that for an unemployment benefit scheme an efficient administration must be established to identify persons who satisfy the conditions laid down for receipt of benefit; that the administration should include a well organised placement service; and that this service should be fully utilised by employers in order that means are available for testing the availability of persons claiming benefit. The administration of an unemployment benefit scheme will also require to operate in close co-operation with vocational training and retraining services.

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