Governance of social protection systems: a learning journey - Module #3: Compliance and enforcement of legal frameworks

This learning module is part of a series of working papers “Governance of social protection systems: a learning journey” developed in the context of the project “Achieving SDGs and ending poverty through Universal Social Protection”.

Traditionally, securing compliance with social security legal frameworks has tended to focus predominantly on enforcement mechanisms, in particular the use of penalties and other administrative sanctions to sanction non-compliance, as well as recourse to judicial review in case of alleged non-compliance. More recently, however, countries are increasingly engaged in a multidimensional and more holistic approach to securing compliance, whereby punitive strategies are complemented by promotional mechanisms to raise awareness and create a culture of social protection as one of the main pillars grounding each society’s social contract.

This module introduces the various drivers of compliance by a range of stakeholders, including employers, workers, state authorities and social security institutions, taking into account the main principles established by ILO standards in this respect. In particular, it focuses on inspection and on complaint and appeal mechanisms as two key drivers of compliance. Country cases and examples are provided to illustrate good international practice in the design and implementation of drivers of compliance. These examples also show the multitude of factors that influence and reinforce stakeholders’ willingness and capacity to comply with their social security obligations.