What does the legal advice comprise?

The legal advice services provided by the Social Protection Department include:
  • Assisting ILO member States in drafting national social security legislation in-line with ILO social security standards;
  • Reviewing and commenting draft social security legislation ensuring consistency with ILO social security standards;
  • Advising ILO member States in the establishment and reform of social security schemes, including social insurance schemes and non-contributory schemes, and in determining policy options, on the basis of ILO social security standards;
  • Assisting ILO member States in implementing national social protection floors, notably though the definition of the supporting legal framework, in application of the Social Protection Floors Recommendation , 2012 (No. 202);
  • Assisting ILO member States in complying, in legislation and in practice, with the relevant ILO social security Conventions and Recommendations ; and
  • Assisting member States in establishing effective social security protection for migrant workers, which includes the drafting of bilateral and multilateral social security agreements.
In close collaboration with the International Labour Standards Department, the Social Protection Department carries out the following activities:
  • Assisting ILO member States in assessing compliance of their national legislation and practice with the relevant social security Conventions and Recommendations;
  • Assisting ILO member States in engaging in the process of ratification of social security conventions;
  • Assisting ILO member States in meeting the legal obligations arising out of the ratification of social security Conventions, and
  • Assisting ILO member States in fulfilling their reporting obligations regarding legal and statistical requirements arising out of the ratification of social security Conventions.
  • Assisting ILO member States in giving effect to ILO social security standards.
Examples of recent activities carried out in the legal sphere include:
  • Drafting of legislation establishing social security schemes for Lesotho, Nepal and Swaziland
  • Assisting the Government of Vietnam in the review of the unemployment benefit scheme legislative framework;
  • Assisting the Government of Bulgaria in preparing its first report following the ratification of Convention No. 102;
  • Assisting the Governments of Greece, Russia and the Slovak Republic in assessing the compliance of their national legislation and practice with Convention No. 102; and
  • Assisting the Governments of Cape Verde, Mongolia, South Africa and Togo in the process of ratification of Convention No. 102.
The application and implementation of ILO social security standards by member States is guaranteed by the activity of two bodies in charge of their supervision, the Committee of Experts on the Application of Conventions and Recommendations and the Conference Committee on the Application of Standards.