CHAPTER ONE
INTRODUCTION TO SOCIAL SECURITY LAW
You should be familiar with the following areas
- Concept of Social Security and Social Security Law
- Historical Background of Social Security Law
- Types of Social Security
- Social Security and Human Rights
- Social Security and Insurance
- Social Security and Labour Law
1.1 CONCEPT OF SOCIAL SECURITY AND SOCIAL SECURITY LAW
Meaning of Social Security
According to ILO is the protection which social security provides for its member though series of public measures against the economic and social distress that otherwise would be caused be ceased by the stoppage or substantial educative of earning resulting from sudden contemporary employment, injury, unemployment, death, the provision of substance for family and children.
Definition of Social Security according to National Social Security
Means any kind of collective measures or activities designed to ensure that members of social meet their basic needs and are protected from the contagious to enable them to maintain a standard of living within social norms.
Social Security Law refers to the enforceable norms, rules and principles of regulating the activities of social security scheme for the benefit of employee which may be administered by the state.
1.2 HISTORICAL BACKGROUND OF SOCIAL SECURITY
Pre Colonial
During pre colonial era traditional and informal social security in Tanzania were classified into different categories. For example domestic groups which live production and consume together kingship organized. In the past there was mutual assistance and economic co-operation among these groups and each was obliged to help the other in special difficulties or during ceremonies. The neighborhood ceremony generally composed of social relation between them are therefore determine by the rules and obligation which are found in the respective society. The chief was the supreme judge and military leader of his people, apart from controlling all the local resources also the chief guaranteed the survival of his subjects in the hardship. A successful chief was therefore expanded to keep a great stock of given to be generous and hospitable towards his subjects and to provide then which found in term of encourages.
Colonial Period
Formal social security is regulated mechanism of protecting citizen against social contagious. This system existed even before independence whereby various policy statement were made and Acts passed in regard to the protectionism of individuals against contagious like injury loss of employment and old age. These include the Master and Native ordinance Cap.78 as amended by Cap.371, provident Fund Local Authorities) Ordinance Cap 53 and Worksmen Compensation Ordinance Cap. 262
After Independence
After independence new legislations were enacted and others, these includes the security Allowance Act. No. 57 of 1962, the National Provident Fund Act No.02 of 1975 where was later repealed and replaced by the National social security Fund, Act No.28 of 1997, the parastatal Pension Act No.14 of 1978, National Health Insurance Fund Act No. 8 of 199 and Local Authorities Provident Fund Act No.6 of 2000. There are many social security scheme which operate in Tanzania such as LAPF, NSSF, GEPF and ZSSF.
However there are some structural and operational weakness which fall under social security system in Tanzania. Since 2004 it has been a carry of many workers in Tanzania to harmonize social security scheme in order to improve service as well as benefit to members.
On 17th November 2017, the government of the United Republic of Tanzania tabled to the parliament legislative proposal for the enactment of the Public Service Social Fund (the Bill).
The aim at repealing the public service retirement benefit Act Cap. 371 the LAPF Pension Fund Act. 372 and GEPF retirement Benefit Fund Act Cap.51. The Bill also provide for amendment to the National Social Security Fund Act which view of providing provision of social security benefit to the members.
1.3 TYPES OF SOCIAL SECURITY
1.3.1 FORMAL SOCIAL SECURITY
Refer to conventional social security program such as Pension scheme health insurance and works men companies scheme. Example GEPF, PPF, NSSF, PSPF, LAPF, WCF and NHIF.
1.3.2 INFORMAL SOCIAL SECURITY
Includes micro-economic policies program to promote equitable economic growth and employment investment and development of social infrastructure and specialized programs for allowance and traditional social security system.
Division of informal social security
- Non conventional Social Security
- Traditional form of social security
- Non Conventional Social Security
(such as public intention not general directly at social protection)
- Traditional form Social Security
Traditional social security systems in Africa and East Africa, in particular, depended upon the social structure of a particular community. The structure was defined by, for instance whether the members of the community were settled agriculturalists or pastoralists.
1.4 SOCIAL SECURITY AND HUMAN RIGHTS
Social security is government system that provides monetary assistance to people with inadequate or no income. Human rights are fundamental rights and freedoms which humans are entitled to by the fact of being human beings.
Social security is a human rights issue. According to art.22 of the Universal Declaration of Human Rights of the 10th December 1948 everyone as member of society has a right to ensure a minimum standard of maternal welfare to all citizens on a basis wide enough to cover all the member contingence of life.
This includes general basic support for all citizens regardless of contribution or employment. Among other thing Article 11 of the Constitution of United Republic of Tanzania provides for the right to social welfare at times of old age, sickness or disability and in other cases incapacity.
However, this right is not enforceable because is not found under bill of rights which starts from Art.12 of the Constitution.
1.5 SOCIAL SECURITY AND INSURANCE
Insurance is a protection given to a person or group by which cover on it if they be injured.
Similarities
- Both have insurer and insured person
- Both cover during risk occurrence
- Both have some amount required to submit
- Both cover life assurance
- Both have an organization specific dealing with certain matter
- There some certain things, it required to contribute mandatory once you enter
Differences
- Laws governing: Social Security e.g NSSF Act, while Insurance governing by Insurance Act 2009
- Insurance: there is specific form to fill before you join while social security once you enter into as employee automatic you join.
- Social security person can get benefit according to amount contributed while under Insurance, person can benefit more and more once he/she contribute
- Coverage: Insurance cover specific class while social security cover formal and informal
1.6 SOCIAL SECURITY AND LABOUR LAW
Labor law is body of laws administrative rulings and precedent which address the relationship between employer, employee and labour organization often dealing with issues of public law.
Differences
- Labour law governed relations between employer and employee e.g. right of employer and employee while social security member of society meet their basic needs and are protected for the contingence
Laws governed: Labour Law employment and Labour Relation Act, Labour Institutions Act. Social security governed by Public Service Social Fund for Public servants and National Social Security Fund for Private servants