scholarly journals Legal Protection for Increasing Insurance to Firefighters which Experiences Work Risk in the Field

2019 ◽  
Vol 1 (1) ◽  
pp. 1-6
Author(s):  
Kairuddin Karim

The implementation of social protection is one of the responsibilities of the state which is adjusted to the state's financial condition. Social protection is called Jamsostek (Labor Social Security). Jamsostek provides an assurance and protection against socio-economic risks, which can arise due to workplace accidents, disability, illness, old age and death. Protection of security for workers in order to concentrate more on increasing motivation and work productivity is the main thing that must be prioritized by employers. The legal basis must provide a sense of justice, certainty, and legal benefit to firefighters who experience work risks in the field.

ARGOMENTI ◽  
2009 ◽  
pp. 31-58
Author(s):  
Marco Accorinti ◽  
Paolo Calza Bini

- Within the research project Overcoming the barriers and seizing the opportunities for Active Ageing Policies in Europe, the Italian part being carried out by the IRPPS-CNR, there has been an in-depth study of the dynamics regarding population ageing and the social security system in Italy, in the light of the notion of activation - one of the main inspiring criteria of the European Employment Strategy. The paper presents comparative European research work that has highlighted the need to deal with the old age - social security link through an integrated group of diversified policies that consider above all employment policies, life schedules and social protection. The text furthermore presents nine European experiments of gradual retirement.Keywords: Senior citizen workers, Social security, Welfare, Leave. Parole Chiave: Lavoratori Anziani, Previdenza, Welfare, Aspettative.


2020 ◽  
Vol 63 (6) ◽  
pp. 842-846
Author(s):  
Tatenda Goodman Nhapi ◽  
Jotham Dhemba

This article explores domains of challenges in guaranteeing enhanced social functioning for Southern African countries of Zimbabwe and Eswatini in the context of COVID-19. Government of Zimbabwe (GoZ) and Government of Ewatini (GoE) social protection interventions targeting COVID-impact mitigation for older persons are analysed within the context of resource constraint challenges. Social security programmes initiated by the GoE and GoZ are analysed while noting emerging milestones and gaps. Finally, pathways for the roles of social workers are proposed.


Author(s):  
Pauline Melin

Abstract Access to social benefits in Belgium is not conditional upon nationality but rather on periods of insurance to the Belgian social security system. Despite the lack of nationality conditions, a number of social benefits are made conditional upon residence of the beneficiary in Belgium. Consequently, even though the Belgian social security system appears, at first sight, as neutral regarding the migration trajectory of its beneficiaries, it might be more difficult for migrants to access, retain and export social security benefits from Belgium when compared to resident nationals. This chapter thus compares the conditions of access to social benefits for nationals and non-nationals residing in Belgium, as well as Belgian citizens residing abroad. It aims to analyse whether migration decisions impact access to and retention of social security benefits. More particularly, the analysis focuses on access to unemployment benefits, healthcare, old-age pensions, family benefits and guaranteed minimum income. Finally, this chapter also questions whether access to social benefits might have a consequence for the residence status of non-nationals in Belgium.


2021 ◽  
Vol 2 (2) ◽  
pp. 406-411
Author(s):  
I Kadek Surya Juliarnawa ◽  
I Puru Gede Seputra ◽  
Ni Made Puspasutari Ujianti

Nowadayas, the increasing of economic growth requires individuals to try to make ends meet. The employment relationship between the business owner and his workers is regulated in a work agreement. In the current covid-19 pandemic, many companies are implementing part-time work to reduce company operating costs. This research examines two main problems, namely the regulation of health and safety laws for certain time workers, and legal protection of social security for certain time workers. Normative legal research is used in this research by examining problems based on the applicable legal basis in the form of statutory regulations and supported by theories from experts. The results showed that the legal basis regarding health and safety for part-time workers is regulated in Article 99 paragraph (1) of Law no. 23 of 2003 concerning Employment which regulates that every worker and his family has the right to obtain employment social security. Then, employment social security is regulated in Law no. 40 of 2004 concerning the National Social Security System (SJSN) and Law no. 24 of 2011 concerning BPJS. The implementation of social security is based on simultaneous efforts that are family and mutual in nature according to the mandate of the Pancasila and the 1945 Constitution of the Republic of Indonesia. Based on the research results, it can be concluded that in this case part-time workers do not really understand the protection of their rights as workers within a certain period of time.  For this reason, this regulation on the protection of workers should be further disseminated to workers and business actors so that workers can obtain their rights in accordance with applicable regulations.  


2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Agus Priono ◽  
Widodo T. Novianto ◽  
I Gusti Ayu Ketut Rachmi Handayani

<p>Abstract<br />This articles aimed at to analyze the application of the Theory of Legal Interpretation by judges as an attempt of legal protection against the notary, are study of the judge’s Verdict against the crime of falsification of the authentic deed. The kind of research in this article is doctrinal, while seen from its shape including research evaluative sense and perspective. The analysis used logic deduction. Legal basis in the provision of criminal sanctions against notary can be taken but in addition to must meet formulation offense which is in law office notary and the book the act of criminal law. Judge in applying criminal sanctions against of criminal falsification an authentic deed rules must payment the following : (1) the what may be punishable and meet elements formulated in an act; (2) work of violates the laws or against the law; (3) a mistake, in the form of both were (dolus) and neglect (culpa). Recommendations are : 1) examination the allegation act punishable in forgery an authentic deed by a judge to do a holistic integral by look aspect outwardly, formal, material notarial deed associated with a task, authority the notary. 2) need to be made criteria and guidelines can be used the juridical for judges referred to forgery certificate in duty and position of a notary. 3) although there are freedom the judge in run/carry out of his rulings so the judges are not have to legalistik but prosecute at law in the country broadly including actual knowledge already established so that his ruling to reflect a sense of justice in society.</p><p>Keywords: The Application of; Interpreting; a Criminal Offense; an Authentic Deed.</p><p>Abstrak<br />Artikel ini bertujuan untuk menganalisis penerapan Teori Penafsiran Hukum oleh hakim sebagai upaya perlindungan hukum terhadap Notaris, yaitu studi atas Putusan Hakim terhadap tindak pidana pemalsuan akta otentik. Jenis penelitian dalam artikel ini adalah doktrinal, sedangkan dilihat dari bentuknya termasuk penelitian evaluatif dan perspektif. Analisis yang digunakan logikadeduksi.Dasar hukum dalam penjatuhan sanksi pidana terhadap Notaris dapat saja dilakukan namun di samping harus memenuhi rumusan pelanggaran yang tersebut dalam UUJN dan KUHP. Hakim dalam menerapkan sanksi pidana terhadap tindak pidana pemalsuan akta otentik harus dipenuhinya syarat-syarat antara lain sebagai berikut : (1) adanya perbuatan yang dapat dihukum dan memenuhi unsur-unsur yang dirumuskan dalam undang-undang; (2) perbuatan tersebut bertentangan dengan hukum/melawan hukum; (3) adanya kesalahan, baik berupa kesengajaan (dolus) dan kelalaian (culpa). Rekomendasinya adalah : 1) Pemeriksaan adanya dugaan perbuatan pidana dalam pemalsuan akta otentik oleh Hakim  harus dilakukan pemeriksaan yang holistik integral dengan melihat aspek lahiriah, formal, material Akta Notaris dikaitkan dengan tugas, wewenang, jabatan Notaris. 2) Perlu dibuat kriteria dan pedoman yang dapat dipakai landasan yuridis bagi hakim yang dimaksud pemalsuan akta dalam tugas dan jabatan notaris. 3) Meskipun ada kebebasan hakim dalam menjalankan/melaksanakan putusannya maka hakim tidak harus legalistik tetapi mengadili menurut hukum dalam arti yang luas termasuk aktualisasi pengertian-pengertian yang sudah mapan, sehingga putusannya dapat mencerminkan rasa keadilan (dalam) masyarakat.</p><p>Kata Kunci: Penerapan; Penafsiran; Tindak Pidana; Akta Otentik.</p>


2006 ◽  
Vol 33 (4) ◽  
pp. 284-301 ◽  
Author(s):  
Marcel van Meerhaeghe

PurposeThe purpose of this paper is to discuss the work of Bismarck in relation to social legislation.Design/methodology/approachBismarck's points of views are sketched mainly through quotations from his speeches in Parliament. His position regarding social protection is discussed and a brief evaluation of his policy is presented.FindingsGermany, through the work of Bismarck, was the first country where the state organised a modern social‐security system. Compulsory sickness, accident and old‐age insurances were passed in 1883, 1884 and 1889, respectively. However, the Chancellor's social policy was not the result of a comprehensive, global, “definitive” programme. It was an opportunist policy influenced more by political than by social motives.Originality/valueThe paper offers insights into Bismarck's social policy in the context of the social question.


2016 ◽  
Vol 18 (4) ◽  
pp. 373-408 ◽  
Author(s):  
Herwig Verschueren

Labour migration within the European Union (eu), as well as from outside the eu, has evolved significantly. There are more temporary forms of labour migration, such as seasonal work, temporary migration of both high- and low-skilled workers and temporary posting by employers. This evolution has led to an increasing vulnerability of labour migrants’ rights. In particular, the employment and social rights of these migrants are subject to legal disputes, as well as to political discussions. The latter resulted in the adoption of legal instruments meant to guarantee some rights to labour migrants, but which in some cases rather increased their vulnerability. This article explores the issues of employment and social protection of third-country migrant workers in legal instruments of the eu. It starts with an examination of a number of eu directives dealing specifically with labour migration from third countries such as the Blue Card Directive 2009/50, the Employers’ Sanctions Directive 2009/52, the Single Permit Directive 2011/98, the Seasonal Workers Directive 2014/36 and the Intra-corporate Transferees Directive 2014/66 (Section 2). This section also explores the interaction between these instruments as well as their shortcomings. Next, this article focuses on international agreements concluded by the eu with third countries. A large number of these agreements contain provisions which, directly or indirectly, regulate the employment and social security rights of nationals of the third States involved (Section 3). Further, it will comment on the issue of (the absence of) social security coordination between the systems of the Member States and those of third countries (Section 4). Finally, it draws some conclusions and pleads for a better enforcement of the rights already guaranteed and for a more prominent role for the protection of human rights (Section 5).


Author(s):  
Feliciana Rajevska

INTRODUCTION Public social protection spending in Latvia amounted to 15.2% of GDP in 2016. Financing social protection in terms of PPS per inhabitant was  only 35% of the average amount in the EU-28 in 2016. The explanation for such a permanently low level of social protection funding is not only a modest level of economic development, but traditionally a low priority of social spending in Latvian politics. The analysis of changes in the financing level of social protection, the changes in the main sources of social protection, the impact of past reforms is in focus. The wide variety in financing structures of social protection systems across Europe and the different levels of financing provides an opportunity to better  understand the specifics in  Latvia and its mixture of sources of financing social protection system. METHODS The author uses data from ESSPROS, the State Social Insurance Agency, the Ministry of Welfare for 2005-2017 for Latvia and the EU28 and is doing analysis of secondary statistical data, public policy documents, analysis of legislative acts and Cabinet Regulations from 2005-2018. RESULTS AND DISCUSSIONS The social insurance schemes are based on the pay-as-you-go principle and the distribution is achieved between the present contributors and the present recipients, at the same time the benefit amount is closely linked to the contributions paid by a certain individual. Such a system creates proper work incentives, albeit requires  significant resources for its administration. The State Social Insurance Agency showed an excellent performance in dealing with this  task. Latvia’s experience with the micro-enterprise tax regime demonstrated the pitfalls of an over-simplified approach to taxation, when the measure, aimed at combating unemployment, became a tax evasion trick at the cost of the workers’ social security. The strong side of the existing model of financing social protection is its ability to maintain a positive balance even in the background of a very turbulent environment. The sustainability of the social insurance budget has always been and remains a top priority for policy-makers. Social contributions play the leading role in the existing mix of financing social protection. The share of old-age function benefits is higher than the EU28 average. The expenditures on some functions grew faster: spending on disability benefits increased by 99%, on unemployment by 75%, on old-age and family benefits by 64%. The last decade demonstrated a trend to an increasing role of the general government contributions. The social contribution rates are already quite high (35.09% in 2018) and can hardly be increased, otherwise labour costs might become uncompetitive. Therefore, a further increase of general government contributions seems unavoidable. CONCLUSIONS Trends in reforms and policy changes were diverse and even contradictory: cost saving, support of specific target groups, reallocating funds in financial flows, an increase of the pension age. A number of policy adjustments were based on the lessons learned during the crisis. Means-tested benefits are thinly represented in the Latvian social security system, and the thresholds used for their calculation are inadequately low. The Latvian healthcare system is chronically underfinanced. It also has a high ratio of out-of-pocket co-financing by patients. Austerity measures had a strong influence on social protection expenditures from 2009–2014. Among the weaknesses of the social insurance schemes, one should mention the inadequately low minimum levels of benefits, especially as concerns old-age pensions. Low wage earners might have a disincentive to diligently pay the contributions, seeing that even the average old-age pension is lower than the at-risk-of-poverty threshold.


2021 ◽  
Vol 4 (01) ◽  
pp. 1-9
Author(s):  
Siti Ummu Adillah ◽  
Amin Purnawan ◽  
Siti Rodhiyah Dwi Istina Siti Rodhiyah Dwi Istina Siti Rodhiyah Dwi Istina

This community service aims to provide knowledge and understanding of employment social security for workers in the informal sector, such as: Doctors, Advocates, Traders, Fishermen, Farmers, Ojek Workers, Becak Workers, and so on, especially for the Tuwang Village "Sumber Rejo" Farmer Group. Karanganyar District, Demak Regency. This community service is expected to provide knowledge and insight to the farming community about the importance of work safety, which in turn is expected to raise awareness to obtain legal protection for labor social security for farmers at work. The method used in this community service is to provide counseling and assistance, through lectures and discussions, which will then be followed up by assisting the farming community to become a participant in employment social security. The results and discussion were community service by providing legal counseling and assistance to farmer groups "Sumber Rejo" regarding the importance of being a participant in the Social Security Workforce for the Informal Sector like farmers, to anticipate work accidents, old age or death. AbstrakPengabdian   masyarakat   ini   bertujuan   untuk   memberikan   pengetahuan   dan pemahaman   tentang jaminan sosial ketenagakerjaan bagi pekerja di sektor informal, seperti: Dokter, Advokat, Pedagang, Nelayan, Petani, Tukang Ojek, Tukang Becak, dan sebagainya, khusunya bagi Kelompok Tani “Sumber Rejo” Desa Tuwang Kecamatan Karanganyar Kabupaten Demak. Pengabdian  masyarakat  ini  diharapkan  dapat memberikan  pengetahuan dan wawasan kepada masyarakat tani tentang pentingnya keselamatan kerja, yang pada akhirnya diharapkan dapat menimbulkan munculnya kesadaran untuk mendapatkan perlindungan hukum atas jaminan sosial ketenagakerjaan terhadap petani pada saat bekerja. Metode yang digunakan  dalam  pengabdian masyarakat ini adalah dengan melakukan penyuluhan dan pendampingan, melalui metode  ceramah dan diskusi, yang selanjutnya akan ditindaklanjuti dengan melakukan pendampingan dibantu oleh kepada masyarakat tani untuk menjadi peserta jaminan sosial ketenagakerjaan. Hasil dan pembahasan  yaitu pengabdian  masyarakat  dengan melakukan penyuluhan  hukum dan pendampingan terhadap kelompok tani “Sumber Rejo” tentang pentingnya menjadi peserta Jaminan Sosial Tenaga Kerja bagi Sektor Informal sperti petani, untuk mengantisipasi terjadinya kecelakaan kerja, memasuki usia tua ataupun kematian. 


Author(s):  
Bettina Kahil-Wolff Hummer

AbstractFrom a Swiss perspective, migration and transnational social protection is a subject of great importance because more than 30% of all the people working in Switzerland are migrants. This chapter shows that the Swiss social security provides protection for nationals and non-nationals, by granting access to health care and compensating the loss of income due to old age, disability, accidents, unemployment and other social risks. In some areas, the Swiss law contains rules that require domicile in Switzerland or Swiss citizenship, but for a majority of migrants, international agreements as well as EU Regulation n° 883/2004 waive such rules.


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