Statutory schemes of social security (Directive 79/7)

• Author: Biljana Kotevska
• Pages: 48-49

48

7 Statutory schemes of social security (Directive 79/7)

7.1 General (legal) context

7.1.1 Surveys and reports on the practical difficulties linked to statutory schemes of social

security (Directive 79/7)

There are no surveys in the la st five years on the difficulties that workers face in practice

in relation to statutory social security schemes linked with Directive 79/7.

7.1.2 Other relevant issues

Although the Law on the Family prescribes that, for the purposes of, inter alia, social

security matters, married and unmarried (different sex) partners are considered equal as

long as the unmarried partn ers have been living in a relationship akin to marriage for at

least two years, other laws, including the ones on occupational social security schemes,

show that this is not the case. Namely, un married partners, for the purposes of

occupational social security schemes, do not enjoy any rights akin to married partn ers.

7.1.3 Overview of national acts

The main laws in this area are the Law on Social Protection (adopted in 2019) and the Law

on Contributions for Mandatory Social Insurance. The first regulates social protection

issues, from s ocial insurance to monetary social assistance matters, whereas the second

focuses only on regulating the mandatory social insurance matters. The relevant provisions

of both laws are cited in the relevant sections herein.

7.1.4 Political and societal debate and pending legislative proposal s

Debate in 2019 pertained to the newly adopted Law on Social Protection and to other laws

from the so-called ‘social reforms package’. No other political and social debate has tak en

place.

7.2 Implementation of the principle of equa l treatment for men and women in

matters of social security

The principle of equal treatment for men and women in matters of social security falls

within the scope of the principle of equal treatment and non-discrimination in the Law on

Social Protection, Article 16. Unlike the previous Law on Social Protection, this law does

not include specific provisions regarding important legal concepts relating to equality and

non-discrimination. It only contains a referral to the Law on Prevention and Protection

against Discrimination (Article 16 (3)). This law (the ADL) extends to this field and provides

protection against discrimination on grounds of sex, gender and gender ident ity.

7.3 Personal scope

The personal scope r elating to statutory social security schemes is broader than what is

specified in Article 2 of Directive 79/7. Articles 7, 8, 9 and 10 of the Law on Contributions

for Mandatory Social Insurance cover all categories of people who are obliged to pay

contributions for mandatory pension and disability insuran ce.

7.4 Material scope

The material scope of national law relating to statutory social security schemes is very

similar to what is specified in Article 3 Paragraphs 1 and 2 of Di rective 79/7.