18 Treatment of certain categories of workers Employed in transnational undertakings – Article 7 If an insured person is employed in a Member State (e.B Saint Vincent) and his employer sends him to work in another Member State (e.B Saint Lucia) for a period not to exceed 2 years, the worker remains insured in Saint Vincent. If the work exceeds this deadline due to unforeseen circumstances, the laws and regulations of St. Vincent will remain in effect until the work is completed, subject to the approval of the Social Insurance Institution of Saint Lucia. 21 Treatment of certain categories of workers, (d) Workers on board ships If an insured person is employed by an undertaking which is his regular employer, either in a country, e.B. Antigua, either on board a ship flying the flag of that country, e.B. Antigua, and she is sent by this company to work aboard a ship flying the flag of another country, e.B. Dominica, it will remain insured in Antigua subject to: The legislation of Antigua provides that employment shall not exceed two years; The legislation of Antigua, if due to unforeseen circumstances the work exceeds 2 years. The legislation is subject to the consent of the two countries concerned, in this case Antigua and Dominica. 11 CARICOM Reciprocity Agreement in progressThe agreement includes 65 articles The objective of this agreement is not to harmonise the social security laws of the Member States, but to coordinate their provisions in order to achieve the objectives of ensuring that workers receive at least one pension.
Ensure that applicants` contributions are aggregated in different CARICOM countries for pension (benefit) purposes. The agreement allows CARICOM countries to coordinate their social security programmes and refers to pension payments for: 8 CARICOM social security conventionsDepending on the national legislation of each member state (country), entitlement to benefits and the amount of benefits paid may depend on the number and amount of contributions paid to the state social security institution. Entitlement may also be subject to the applicant`s place of residence in the country responsible for payment of the benefit. The agreement allows for the payment of voluntary contributions. The authorization to pay contributions depends on the number of contributions made in the participating States. In other words, contributions are added together (this is the concept of aggregation). Individuals are subject to the legislation of the State in which they are currently employed. If persons are employed on board a ship, the law of the State in which the ship is registered shall apply.
In the case of coverage for the self-employed, persons are subject to the state in which they work. If persons have made compulsory contributions in one State and are voluntarily entitled to contribute in another State, they are guided by the provisions of the country in which they paid the compulsory contributions. The Reciprocity Agreement provides for persons in cases where the legislation of more than one of the participating States applies. If you or an insured person are disadvantaged by the application of certain provisions of the Agreement, the competent authorities may, by mutual agreement, provide for exceptions for the application of this Convention in the interest of the person or persons concerned. This applies in particular to diplomats, persons working on ships, voluntary and self-employed contributors and other persons residing in countries other than their place of work. The CARICOM Convention on Social Security entered into force on 1 April 1997. It protects all rights to long-term benefits by providing for the sum of all contributions paid to the respective social security institutions in the Member States where a national has already worked. Suriname is the exception because it does not have a comparable social security system. A CARICOM national who is employed must be insured in the Member State in which he is employed and must therefore contribute to the competent social security institution. He is entitled to the same benefits as nationals of the host country. 4 Policies to promote cooperation, free movement of workers in the Caribbean and economic growthFederation-1958-failure in 1962 CARICOM-Established by the Treaty of Chaguaramas in Trinidad-1973 CSME ratified by all participating countries in 2006- Three categories of benefits are paid under the social security programme, namely: 30 partial benefit payments -Example in comparisonIn country B, the basic weekly pension is 40% of the Average weekly earnings and the average weekly earnings in this case are calculated as follows: $200.00 would be calculated the proportional basic pension as follows: – 40% of &200.00 = $80.00 = notional pension Proportional pension = 300/500×80, 00 = $48.00 Similarly, the proportional pension paid by country C would be 200/500 N.B. In countries where a minimum pension is provided for and where the notional pension is lower, it should be increased to the minimum pension before calculating the proportional part.
28 Payment of a partial benefit Article 18If the insured person (X) fulfils the conditions for benefits in country A, but not the conditions for benefits in another country where he is located, for example. B, country B and country C-country B and country C must be submitted to him or to any person claiming part of his benefits through him: to which he would have been entitled if he had fulfilled the relevant criteria in countries B and C. The payment is the same ratio that that person`s contributions have to the total eligibility criteria. 9 Ongoing CARICOM Reciprocity Agreements CARICOM reciprocity agreements have been adopted to ensure the protection of migrant workers and their dependants receiving benefits. Equal treatment when workers move from one country to another. Natasa Mauko Slovenian Association of Disabled Students. The agreement aims to protect the right of CARICOM nationals to benefits and to ensure equal treatment when moving from one country to another. 23 Employees on board ships under item (III) If the insured person is employed on board a ship flying the flag of one country, e.B Saint Kitts and Nevis, and is remunerated by an organization or person having the principal place of business/residence in another country, e.B. Jamaican, he remains insured in Jamaica if he resides there. The company/person paying the remuneration is considered an employer for the purposes of the application of the legislation. Art. 15 Principles of jurisdiction – the territory of the Contracting Party in which the competent institution has its registered office.
Competent institution – point (i) – the institution with which the person concerned is insured at the time of the application for benefit; (ii) the institution to which the claimant is entitled to a benefit if he resides in the territory of the Contracting Party in which that institution is established; or 12 Continuation of the CARICOM Reciprocity AgreementPeople who are entitled to benefits can recover them wherever they live in CARICOM. The agreement also includes: Self-employed Article 12 Voluntary Contributors (if applicable) – Article 4 1 Monthly rules Educational session January 2012 Eligibility for transfer. CARICOM Reciprocity Agreement. Under this reciprocal agreement, insured persons are entitled to the long-term pension benefits to which they are entitled from one or more social security institutions in CARICOM member States. If they travel to another CARICOM member State to work, individuals must inform the heads of social security institutions in their home and host country. Upon receipt of the relevant information necessary for the processing of the application and after ascertaining that the claimant fulfils the conditions for entitlement to benefits, each territory shall calculate the nominal amount, the actual amount and the amount of local benefits to which he is entitled. Nominal amount – This is determined by first adding up the sum of contributions paid in all participating States to determine the corresponding percentage to be paid. This percentage is then multiplied by the claimant`s relevant average annual insurable earnings. Actual amount – This is determined by dividing the total contributions paid in the competent State by the sum of the contributions paid in all participating States and multiplying the ratio received by the average annual insurable income. Local amount – This is the amount of the benefit that would have been paid to the claimant under the local laws of the competent state if there had been no reciprocal agreement. .