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In Lithuania, the most important lesson learnt from the Covid-19 crisis is the lack of unemployment social security guarantees for the SE: the universal benefits for the SE and the jobseeker’s allowance were only temporary measures during the pandemic.
The jobseeker’s allowance sparked heated debates in Lithuania.
The continuous increase in the number of registered unemployed and the high unemployment rate during the pandemic in 2020 attracted a lot of attention.
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However, there is little evidence that the instrument has caused a substantial decrease in employment and/or an increase in unemployment (Navicke et al.
2020).
The universal benefit for the SE was paid to a large proportion of applicants: during the first lockdown, there were 100,279 SE applicants between March and August 2020, with an average 87,380 recipients per month (i.e.
87%).
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87%).
Around 85% of all applicants received the benefit during the second lockdown (MoSSL 2021b).8 The average number of recipients was 73,204 per month from December 2020 to May 2021 (about 20% of all registered SE, i.e.
those not receiving employment- 6.
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those not receiving employment- 6.
Data on the SE are from the State Tax Inspectorate under the Ministry of Finance, and information about insured persons is from the State Social Insurance Fund Board, under the Ministry of Social Security and Labour (the data were obtained on 25 March 2021).
7.
There were two major periods when the number of sickness benefit recipients related to Covid-19 increased, i.e.
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by an average of 37,440 recipients between April and June 2020 and 11,590 recipients between January and April 2021 (MoSSL 2021b).
8.
According to the information available on 25 January 2021; information on applicants is not published thereafter.
68 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Romas Lazutka and Jekaterina Navickė related income exceeding one MMW) (MoSSL 2021b).
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The high coverage was due to the fact that the benefit for the SE was paid irrespective of whether or not self- employment activities were restricted due to the lockdown and irrespective of any change in income from self‑employment.
The jobseeker’s allowance covered all people registered as unemployed in 2020.
There were 335,563 recipients (out of 358,317 applicants, i.e.
94%) from 12 June 2020 to 24 January 2021; 221,932 recipients (out of 258,530 registered unemployed, i.e.
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86%) on average per month in the second half of 2020.
The number of recipients eligible for the allowance dropped to around 42,000 recipients out of 282,000 registered unemployed (i.e.
to 15%) in January 2021 as a result of introducing stricter eligibility conditions (MoSSL 2021b).
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Hence, SE who discontinue their activities cannot apply for the jobseeker’s allowance in 2021; NSW can still apply if their employment contract expired not more than three months before the date of the Government‑introduced state of emergency or lockdown.
While both the benefit for the SE and the jobseeker’s allowance have wide coverage,9 their amounts are very low.
The amount of the jobseeker’s allowance is 45% of the net MMW and the benefit for the SE is 55% of the net MMW.
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Hence, the adequacy of both benefits is low.
Finally, the number of platform workers who work on the basis of business certificates is increasing (see Table 1).
This increase may give rise to additional questions about how to protect this group.
There is no research known to the authors of this chapter regarding the impact of the pandemic on platform workers in Lithuania.
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People working on the basis of business certificates are only included in the temporary flat-rate benefit scheme for SE during the pandemic.
They are not covered by contributory unemployment or sickness benefits, the temporary jobseeker’s allowance (in 2021), nor are they eligible for the special ‘pandemic’ leave.
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Table 1 Platform workers in Lithuania Number of platform workers Number of the SE working with business certificates Platform workers compared to the total number of the SE working with business certificates, % Source: MoSSL (2021a) 2017 8,456 2018 2019 2020 15,398 21,380 27,354 134,824 155,404 174,773 192,994 6 10 12 14 9.
Broad coverage only in 2020 for the jobseekers’ allowance.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 69 Country chapter Lithuania 3.
The role of national trade unions There are three main national trade union organisations operating in Lithuania: - - - the Lithuanian Trade Union Confederation (Lietuvos profesinių sąjungų konfederacija); the Lithuanian Labour Federation (Lietuvos darbo federacija); the Lithuanian Trade Union ’solidarumas’ (Lietuvos profesinė sąjunga ’solidarumas’).
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All three trade union organisations are represented in the national‑level tripartite body, the Tripartite Council of the Republic of Lithuania (Lietuvos Respublikos Trišalė taryba).
The Tripartite Council currently consists of five committees and commissions: the Wage Commission; the Labour Disputes Commission; the Bipartite Commission of Civil Servants; the Committee for Education; and the Committee for Culture (MoSSL 2021c).
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An important development with regard to trade union representation in Lithuania was the adoption of the new Labour Code in 2017.
According to the new Labour Code, trade unions no longer represent all employees, but only their members, with the aim of encouraging trade union membership and representativeness.
Although the coverage of employees by collective agreements has increased to around 15%, most collective agreements are signed in the public sector (European Commission 2020).
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SE workers are not covered by trade unions.
Moreover, they are sometimes viewed as a threat to trade union members due to the preferential tax treatment of the self‑employed.
Overall, both trade unions and employer organisations have expressed their reservations concerning the Labour Code reform.
Still, there is a lack of official or academic evaluations of the impact of the reform on social dialogue in Lithuania.
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Social partners (SPs) were consulted on an ad‑hoc basis during the introduction of the Covid‑19‑related social protection measures discussed in this chapter; however, no tripartite meetings were held (Eurofound 2020a; Eurofound 2021).
Cooperation with social partners and NGOs was more active at the beginning of the pandemic and was fostered by petitions and requests from SPs, NGOs and academia (NVO 2020).
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On 24 April 2020, the Advisory Group for Post-Lockdown Social Issues, under the Ministry of Social Security and Labour, started its work in Lithuania, discussing measures to reduce the social impact of the pandemic during the post-lockdown period in Lithuania.
The group is, however, no longer functioning in 2021.
The SPs were also invited to participate in the group.
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They welcomed measures planned in Lithuania for the post-lockdown period (including the temporary jobseekers’ allowance) and appreciated that their proposals had 70 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Romas Lazutka and Jekaterina Navickė been taken into account (Eurofound 2020b).10 The main criticism was of the low levels of the jobseeker’s allowance and the benefits for the SE.
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SPs have repeatedly expressed the view that measures should not be discontinued at the end of the lockdown and should remain for at least three months thereafter (Eurofound 2020c).
Following the change of Government, the Advisory Board of Independent Experts was set up and has been holding meetings on a regular basis since December 2020 (koronastop.lrv.lt 2021).
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The Board is mandated to consider proposals for the management of Covid‑19 cases and submit proposals to the Government for the application and implementation of prevention, diagnosis, treatment and other epidemic management measures related to Covid‑19.
The Board includes representatives of the Lithuanian Trade Union Confederation (LTUC) – the largest trade union umbrella organization.
The Board is not, however, really focused on managing the social consequences of the pandemic.
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Other formats for cooperation include ad‑hoc meetings and public online consultations.
The latter, however, are criticised for being more of a public relations’ measure than an effective mode of cooperation, with little action taken on proposals and feedback provided during the consultations.11 According to academic evaluations, the lack of cooperation and stakeholder involvement was not resolved during the Covid-19 pandemic (Bortkevičiūtė et al.
2020).
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2020).
There was still little coordination and partnership with social partners, municipalities and NGOs, leading to a less effective allocation of resources and decision making (ibid.).
SPs and representatives of NGOs express special concerns over the lack of discussions and cooperation during the adoption of the national economic recovery plan submitted to the Recovery and Resilience Facility (RRF).
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These concerns were officially expressed by the Board of NGOs to the Ministry of Social Security and Labour.
The leaders of the LTUC, the Lithuanian Trade Union ’solidarumas’ and NGOs (National Poverty Reduction Network - NSMOT) consider income maintenance benefits and wage subsidies during downtime to be very good solutions.
The latter helped to keep employees in the workplace.
The main criticism concerns the low level of the benefits, especially the benefit for the SE.
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According to the LTUC, this benefit could have been differentiated, with higher amounts paid to those who had contributed more through taxes and social insurance.
The reduced coverage of the jobseeker’s allowance is a matter of concern for the NSMOT.
The leaders of the trade unions argue that income tax and social security contributions for the SE should be differentiated.
Some of the SE receive very low 10.
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Some of the SE receive very low 10.
According to Kristina Krupavičienė, the leader of the Lithuanian trade union ’solidarity’, the Government invited trade union representatives to discuss social security measures designed to overcome the consequences of the pandemic in the spring of 2020.
The Union filed a demand to the Ministry of Social Security and Labour, calling on it to respond to the pandemic and protect workers.
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Nobody, it said, should be left without income, even if they do not have a sufficient insurance record for unemployment benefits.
11.
Here and elsewhere: based on the interviews conducted with representatives of the mentioned organizations.
Social protection of non-standard workers and the self-employed during the pandemic: country chapters 71 Country chapter Lithuania or occasional income.
For example, the members of the trade union ’solidarumas’ include tour guides and translators.
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Their income is non‑permanent, unstable.
On the other hand, there are SE notaries and/or lawyers with very high incomes.
These two groups must pay the same income tax and rate of contributions, yet the burden that this represents for the two groups is very different; some of the SE have more difficulties paying social security contributions than employees.
However, the problem is that lower contributions may reduce the level of social security.
4.
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4.
Future perspectives The 2019 Council Recommendation was not publicly discussed in Lithuania, nor was it discussed in the Parliamentary committees for Social Affairs or European Affairs.
However, on 15 May 2021, the Ministry of Social Security and Labour prepared a National Plan as part of the monitoring of the 2019 Council Recommendation (MoSSL 2021a).
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The Ministry sees financing as the main challenge in expanding the access of SE to social security: ‘It should be defined how self-employed persons should contribute and finance their social security rights, for example to what extent the state contributes and what contributions are paid by the self‑employed persons themselves' (MoSSL 2021a).
The Ministry is apparently, although not explicitly, referring to the very low income of some SE for whom social insurance contributions are a heavy burden.
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Moreover, one of the main conditions for assessing the risk of unemployment is its involuntary character.
In cases of self- employment, it is difficult to assess to what extent discontinuation of economic activity is voluntary (ibid.).
Discussions in the Tripartite Council and in the media about the SE and NSW have been on‑going for many years.
The preferential tax treatment, with regard to both income tax and social insurance contributions, of some types of SE has been generally criticised.
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Critics point out that the SE are privileged over employees.
SE, even those earning high incomes, pay relatively less income tax than employees.
Non-payment of social security contributions shows that the SE are not covered by all social schemes and enjoy a lower level of social security.
SE representatives reply, in response to criticism, that their incomes are often low and social security contributions are an unbearable burden.
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It is also argued that they take on more risk by creating jobs for themselves.
The Government usually argues that it is difficult to administer the social insurance of the SE because of tax evasion and unstable incomes.
It is sometimes difficult to identify social risks, such as involuntary unemployment.
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Still, in 2021, the Ministry of Finance launched consultations to review forms of tax relief, aiming to consolidate additional resources in the state budget and ensure a more equitable tax system (MoF 2021c).
The results of the consultations are to be summarised by October 2021.
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Cancellation of numerous forms of tax 72 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Romas Lazutka and Jekaterina Navickė relief could strengthen the tax base so that funding for social protection benefits and services could be increased.
This, however, may result in the abandonment of some of the preferential tax treatments for the SE.
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The newly introduced Covid‑19 measures are gradually being phased out, with most of the measures foreseen only for the period of lockdown and 1‑2 months thereafter.
The measures should therefore come to an end by the autumn of 2021.
Conclusions Lithuania can be characterised as having broad and expanding social insurance coverage of employees, NSW and the SE.
The main gaps include unemployment social insurance for the SE and social protection of persons working on civil contracts.
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Moreover, the contribution record of at least 12 months required in order to receive unemployment insurance benefits is relatively long and can be an obstacle to newcomers to the labour market.
The main income support measures during the pandemic included regular social insurance schemes (unemployment benefits, sickness benefits) as well as newly introduced schemes (jobseeker’s allowance, flat-rate benefit for the SE and wage subsidies).
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With regard to the new schemes, both the jobseeker’s allowance and the benefit for the SE were criticised for being too low, although broad in their coverage.
Stricter eligibility conditions for the jobseeker’s allowance have been introduced from the beginning of 2021, and for the benefits for the SE from July 2021.
Representatives of trade unions and NGOs support the newly introduced Covid-19 benefits, but recognise that their level is not adequate.
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The new Covid-19 measures are temporary and should be discontinued by the autumn of 2021.
The social partners were consulted on an‑ad hoc basis during the introduction of the Covid-19-related social protection measures discussed in this chapter.
In 2020, a more structured discussion of measures to cushion the social consequences of the pandemic included debate in the Advisory Group for Post‑Quarantine Social Issues under the Ministry of Social Security and Labour.
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The Advisory Board of Independent Experts, which includes representatives of the Lithuanian Trade Union Confederation (LTUC), has been holding meetings on a regular basis since December 2020 (koronastop.lrv.lt 2021).
The Board is, however, focused on epidemic management measures, rather than managing the social consequences of the pandemic.
Other formats of cooperation, i.e.
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Other formats of cooperation, i.e.
ad‑hoc meetings and public online consultations, are criticised for being more of a public relations measure than an effective mode of cooperation.
The lack of cooperation and stakeholder involvement was not resolved during the Covid‑19 pandemic.
The 2019 Council Recommendation was not publicly discussed in Lithuania; nor was it discussed in the Parliamentary committees for Social Affairs or European Affairs.
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However, on 15 May 2021, the Ministry of Social Security and Labour prepared a National Plan as part of the monitoring of the 2019 Council Recommendation (MoSSL 2021a).
The main challenges include financing the Social protection of non-standard workers and the self-employed during the pandemic: country chapters 73 Country chapter Lithuania access of SE to unemployment social insurance and assessing to what extent discontinuation of economic activity by the SE is involuntary.
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References Bortkevičiūtė R., Kalkytė P. Kuokštis V., Nakrošis V., Patkauskaitė-Tiuchtienė I. and Vilpišauskas R. (2020) Lietuvos viešosios politikos atsakas į Covid-19 pandemiją ir šios krizės valdymas, [Public policy response to the Covid-19 pandemic and crisis management.
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https://www.tspmi.vu.lt/wp-content/uploads/2020/12/ Vie%C5%A1osios-politikos-trumpra%C5%A1tis.pdf e-tar.lt (2000) Lietuvos respublikos civilinio kodekso patvirtinimo, įsigaliojimo ir gyvendinimo Įstatymas [Civil Code of the Republic of Lithuania], 2000 m. liepos 18 d. Nr.
VIII-1864.
https://www.e-tar.lt/portal/lt/legalAct/TAR.8A39C83848CB/asr e-tar.lt (2003) Lietuvos respublikos nedarbo socialinio draudimo įstatymas.
Nr.
IX-1904.
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Nr.
IX-1904.
[Law on Unemployment Social Insurance No IX-1904], 2003-12-16. https://www.e-tar.lt/portal/lt/legalAct/TAR.FDF42614DE52 Eurofound (2020a) Compensation for employees looking after children or disabled persons while in quarantine, case LT-2020-9/299 - measures in Lithuania, Covid-19 EU PolicyWatch.
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http://eurofound.link/covid19eupolicywatch Eurofound (2020b) Temporary job-search benefit for unemployed who would otherwise not be eligible to receive benefits, case LT-2020-24/906 - measures in Lithuania, Covid-19 EU PolicyWatch.
http://eurofound.link/covid19eupolicywatch Eurofound (2020c) Compensation for self-employed, case LT-2020-12/314 - measures in Lithuania, Covid-19 EU PolicyWatch.
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http://eurofound.link/covid19eupolicywatch Eurofound (2021) Covid-19: implications for employment and working life, Covid-19 series, Luxembourg, Publications Office of the European Union.
https://www.eurofound.europa.
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ERROR: type should be string, got "https://www.eurofound.europa.\n\neu/sites/default/files/ef_publication/field_ef_document/ef20050en.pdf European Commission (2020) Commission staff working document, Country report Lithuania 2020, SWD (2020) 514 final, 26 February 2020. https://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1584543810241&uri=CELEX%3A52020SC0514 ILO (2016) Non-standard employment around the world: understanding challenges, shaping prospects, Geneva, ILO." |
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koronastop.lrv.lt (2021) Covid-19 pandemijos valdymo patariamųjų ekspertų ir darbo grupių veikla, [Activities of advisory experts and working groups for Covid-19 pandemic management].
https://koronastop.lrv.lt/lt/covid-19-pandemijos-valdymo-patariamuju- ekspertu-ir-darbo-grupiu-veikla#ex-1 MoF (2021a) Seime priimtas 2021 metų biudžetas [2021 budget is approved by the Seimas], Vilnius, Ministry of Finance of the Republic of Lithuania.
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https://finmin.lrv.lt/lt/naujienos/seime-priimtas-2021-metu-biudzetas MoF (2021b) The government approves the revised draft budget for 2021, Vilnius, Ministry of Finance of the Republic of Lithuania.
https://finmin.lrv.lt/en/news/the-government- approves-the-revised-draft-budget-for-2021 MoF (2021c) The Ministry of Finance calls the public to mobilise for a tax relief review, Vilnius, Ministry of Finance of the Republic of Lithuania.
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https://finmin.lrv.lt/en/news/ the-ministry-of-finance-calls-the-public-to-mobilise-for-a-tax-relief-review 74 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Romas Lazutka and Jekaterina Navickė MoSSL (2021a) National Plan within the framework of the monitoring of the 2019 Council Recommendation, Vilnius, Ministry of Social Security and Labour of the Republic of Lithuania.
Unpublished document.
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Unpublished document.
MoSSL (2021b) Covid-19 pasekmių valdymas: socialiniai rodikliai [Management of consequences of the Covid-19: social indicators], Vilnius, The Ministry of Social Security and Labour of the Republic of Lithuania.
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https://socmin.lrv.lt/lt/veiklos-sritys/socialine- statistika/covid-19-pasekmiu-valdymas-socialiniai-rodikliai MoSSL (2021c) LR Trišalė taryba [The Tripartite Council of the Republic of Lithuania], Vilnius, The Ministry of Social Security and Labour of the Republic of Lithuania.
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https://socmin.lrv.lt/lt/administracine-informacija/lr-trisale-taryba Navicke J., Lazutka R. and Zalimiene L. (2020) Lithuania: a Covid-19 jobseekers’ allowance to fill (temporarily) a gap in the unemployment protection system, Flash Report 2020/68, Brussels, European Commission, European Social Policy Network (ESPN).
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NVO (2020) Nevyriausybinių organizacijų ir mokslininkų pozicija bei siūlymai dėl Covid-19 socialinio poveikio [The position and proposals of non-governmental organisations and academics regarding the social effect of Covid-19].
https://www.lrs.lt/sip/getFile3?p_fid=18027 Spasova S., Ghailani D., Sabato S., Coster S., Fronteddu B. and Vanhercke B.
(2021) Non-standard workers and the self-employed in the EU: social protection during the Covid-19 pandemic, Report 2021.02, Brussels, ETUI.
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All links were checked on 09.09.2021.
Social protection of non-standard workers and the self-employed during the pandemic: country chapters 75 Country chapter Lithuania Country chapter Portugal Pedro Perista Centro de Estudos para a Intervenção Social (CESIS) Introduction After benefiting from a comparatively better scenario during the first wave of the pandemic in spring and summer 2020, Portugal was hit severely by Covid‑19 and its impacts in late 2020 and early 2021.
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Two total lockdown periods were imposed, the first between mid-March and early May 2020 and the second between mid- January and early May 2021.
The pandemic brought additional challenges to all workers and notably to non‑ standard workers (NSW) and the self-employed (SE).1 As a means of counteracting negative effects, several measures related to job protection and social protection were put in place from March 2020.
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The job protection measures involved support to employers, employees and the self‑employed.
The social protection measures included actions related to minimum income schemes and other forms of social assistance, to unemployment benefits, to health insurance, to housing support and to leave for parents whose children were unable to attend school or a pre‑school service due to Covid-19.
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This chapter focuses more specifically on unemployment benefits, sickness benefits and parental leave, as well as on the access of NSW and the self‑employed to these schemes.
In Portugal, trade unions were not closely involved in the designing of measures during the pandemic.
Tripartite meetings of the Standing Committee for Social Dialogue (CPCS) to inform and consult with the social partners are held regularly, and trade unions actively express their views on necessary adjustments.
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However, they have not been involved in the drafting of measures and no formal agreements were reached about their design.
Social partners also actively engaged in the discussion of the ‘Green Paper on the future of work’.2 This document specifically mentions and quotes from the Council Recommendation on access to social protection for workers and the 1.
For the purposes of this chapter, we use the following definitions of different types of employment (ILO 2016): Standard employees i.e.
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full-time open-ended contracts; non- standard workers i.e.
contractual employment outside of full‑time open‑ended contracts (e.g.
part‑time, temporary contracts, zero‑hour, seasonal workers etc.
); self‑employment, i.e.
people working for their own account.
2.
The Portuguese government presented the ‘Green Paper on the future of work’, to the social partners on 31 March 2021 and submitted it for public discussion in May 2021.
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The purpose of the initiative is to develop an agenda for the promotion of decent work and inclusive social protection and to highlight a set of core points for social dialogue (see Section 4).
Social protection of non-standard workers and the self-employed during the pandemic: country chapters 77 self-employed 2019 (hereafter ‘the Council Recommendation’).
However, public debate has been focused on the wider scope of the Green Paper, rather than on the Recommendation specifically.
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In addition, it should be mentioned that, at the time of writing, the plan pursuant to the text of the Recommendation has still not been submitted by Portugal.
The chapter is structured in the following way: Section 1 describes the schemes under scrutiny i.e.
unemployment benefits, sickness benefits and parental leave and the access of NSW and the self-employed to these schemes, as well as the specific measures put forward in these three areas to tackle the consequences of the Covid-19 pandemic.
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Section 2 then analyses the potential effect of these measures on NSW and the self-employed.
Section 3 addresses the role of national trade unions, their relations with the government and the employers and their involvement in the decision-making process in general, and in the design and/or implementation of the measures taken in response to the pandemic.
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The section ends with reflections on the role of the trade unions in protecting NSW and the self‑employed in the light of the process, currently underway, of preparation of a labour legal framework for platform workers within the scope of the wider ‘Green Paper on the future of work’.
Future prospects in this area are described in Section 4, and Section 5 presents the main conclusions.
1.
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1.
Description of measures 1.1 Unemployment benefits Unemployment insurance in Portugal consists of a compulsory social insurance scheme, financed by contributions from employers and employees, with earnings- related benefits (Subsídio de desemprego).
In order to access the scheme, applicants must have completed a qualifying period of at least 360 days of employed work and have made contribution payments in the 24 months preceding commencement of unemployment.
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This applies both to (former) employees and self‑employed.
Overall, unemployment insurance corresponds to 65% of the reference wage.
Most NSW and most types of former self-employed have access to unemployment insurance.
These include sole proprietors (i.e.
individual employers), members of statutory bodies (e.g.
Boards of administrators, Boards of trustees, etc.)
of foundations, associations or cooperatives and those considered to be economically dependent self-employed, i.e.
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self-employed with at least 50% of their income originating from a sole entity.
Thus, the former self‑employed not included in the categories above, notably those without 50% of income originating from a sole entity, are excluded from access.
The only categories explicitly excluded from the unemployment insurance scheme are at‑home workers and workers registered in the voluntary insurance scheme.
This may include e.g.
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This may include e.g.
mariners and watchmen working in foreign vessels, high performance sportspeople, research fellows, volunteer firefighters and principal informal carers.
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78 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Pedro Perista Unemployment assistance consists of a mixed system financed by contributions from employers and employees and taxes, with means-tested benefits which use the social support index (indexante dos apoios sociais – IAS) as a reference (Subsídio social de desemprego).
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In order to access the scheme, applicants must have completed a qualifying period of at least 120 days of employed work and have made contribution payments in the 12 months prior to unemployment, in cases where unemployment resulted from the termination of a temporary contract or from the employer’s decision to terminate the contract during the trial period; and 180 days in all other cases.
Applicants must also comply with means-testing conditions.
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In the last few years, changes have been made to unemployment benefits, affecting the self-employed.
As from mid-2018, the required period of time with registered earnings for social security purposes was halved from 720 to 360 days in the previous 24 months.
Another change regards the definition of the self-employed considered to be economically dependent.
As from 2019, this definition includes the self-employed performing 50% of their yearly activity for the same entity.
Previously it was 80%.
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Previously it was 80%.
Additionally, the decrease in turnover necessary for eligibility of self‑employed workers who earn their income through a registered business of their own or possess an individual commercial establishment was reduced from 60% to 40%.
In response to the pandemic, in March 2020, all unemployment benefits ending after 12 March 2020 were automatically continued (Prorrogação automática de subsídios de desemprego).
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The measure was first in place between 12 March 2020 and June 2020 and then extended up to December 2020, but only regarding unem‑ ployment assistance.
A new automatic continuation was put in place on 1 January 2021 but only regarding unemployment insurance, unemployment assistance and benefits for termination of activity ending in 2021, which are to be automatically continued for a period of six months.
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The measure may therefore continue to have an effect till June 2022 when applied to benefits ending in December 2021.
Reduced insurance periods for access to unemployment insurance and to the benefit for termination of activity applied between July and December 2020; this measure applied to unemployment situations registered between 19 March and 30 June 2020 (Subsídio de desemprego e subsídio por cessação de atividade - redução dos prazos de garantia).
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The employment requirement period was halved: from 360 days to 180 days of registered work, with the corresponding pay statements, in the 24 months prior to unemployment.
Under this measure, moreover, as from 1 January 2021, these unemployed persons automatically transited to the unemployment assistance without the need to meet means‑testing conditions.
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Economically dependent self‑employed were entitled to the benefit for termination of activity if they could demonstrate at least 180 days of activity (rather than the usual minimum of 360 days), with the corresponding pay statements, in the 24 months prior to involuntary termination of the service agreement, and as long as they were considered economically dependent from that entity in 2019.
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Self‑employed with entrepreneurial activity and members of statutory bodies who have become unemployed involuntarily due to termination Social protection of non-standard workers and the self-employed during the pandemic: country chapters 79 Country chapter Portugal of activity were entitled to the benefit for termination of activity if they had a work record of at least 360 days (rather than the usual minimum of 720 days), with the corresponding pay statements, in the 48 months prior to termination of activity.
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Additionally, between May and 30 June 2020, the minimum employment record needed for access to unemployment assistance was reduced from 120 to 60 days in the 12 months prior to unemployment, in cases where unemployment resulted from the termination of a temporary contract or from the employer’s decision to terminate the contract during the trial period; and from 180 to 90 days in the 12 months prior to unemployment in all other cases.
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However, in both cases, the duration of the benefit was limited to 60 and 90 days, respectively (Redução do número de dias de trabalho por conta de outrem, com o correspondente registo de remunerações, necessário para o acesso ao subsídio social de desemprego).
1.2 Sick pay and sickness benefits There is no statutory sick pay scheme in Portugal.
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In order to access the sickness benefit scheme (Subsídio por doença), applicants must have worked and have a corresponding record of social security contributions for the six months previous to the claim.
This applies to all workers.
However, only employees have also to comply with the obligation to have had 12 days of paid work in the first four of the six months immediately preceding the incapacity.
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The waiting period for granting sickness benefits is 31 days for people covered by the voluntary insurance scheme.
This was also the waiting period applicable to the self‑employed, but this changed in mid-2018 and it is currently 11 days.
For employees it is 3 days.
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Social Protection Jobs and Economic inclusion
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Australia
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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For employees it is 3 days.
In case of hospitalisation, out‑patient surgery, sickness starting during the period of receipt of maternity benefits and lasting beyond that period and in cases of tuberculosis the compensation is paid during the entire period of incapacity (this right is granted to all categories of workers).
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Financial inclusion
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Social Protection Jobs and Economic inclusion
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Australia
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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It should be mentioned that the access rules specifically mention entitlement of the self-employed and other NSW, including some covered by the voluntary insurance scheme – mariners and watchmen working in vessels of foreign companies and research fellows, as well as at‑home workers.
Conversely, the rules explicitly exclude workers with labour contracts of extremely short duration, i.e.
contracts lasting up to 15 days and only admissible for purposes of seasonal agricultural activity or tourist events.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
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Australia
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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As a response to the pandemic, specific rules applicable to the sickness benefit were put in place in March 2020.
They were still in place on 1 June 2021.
These apply in case of Covid‑19 infection (Subsídio por doença por Covid-19) or in cases of precautionary self‑isolation due to risk of Covid‑19 infection (Subsídio por doença por isolamento profilático).
A precautionary self‑isolation order by health authorities is required, issued after a case‑by‑case assessment of the person’s risk situation.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
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Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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Under these rules, the benefit corresponds to 100% of the net wage, rather than ranging between 55% (illness lasting up to 30 days) and 75% (illness lasting for 80 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Pedro Perista over one year) of the reference pay, as in the case of the ‘regular’ sickness benefit.
Additionally, there is no waiting period as for the ‘regular’ sickness benefit, i.e.
the benefit is paid from day 1.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
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Australia
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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the benefit is paid from day 1.
The maximum duration of the Covid-19 sickness benefit is 28 days.
The sickness benefit for reasons of preventive isolation has a maximum duration of 14 days.
If the recipient uses the latter immediately before the former, the number of days used should be deducted from the maximum duration of the Covid-19 sickness benefit.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
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Australia
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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In July 2020, Covid-19 was officially recognised as an occupational disease for all workers in the healthcare sector, both employees (all work contracts) and self‑ employed workers.
The amount and maximum duration of the Covid‑19 sickness benefit are therefore matched to those applicable in cases of occupational disease (Subsídio por doença por Covid-19 de trabalhadores do setor da saúde).
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Financial inclusion
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Social Protection Jobs and Economic inclusion
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Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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Thus, the amount of the benefit corresponds to 100% of the base wage, rather than 55% during the first 30 days and 60% between days 31 and 90.
The maximum duration of the benefit is 18 months rather than 36 months.
Additionally, as the benefit is equated to the sickness benefit due to hospitalisation, the usual waiting period is not applied and the benefit is paid from day one.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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1.3 Special ‘pandemic’ leave The ‘Extraordinary support to families’ measure (Apoio excecional à família) was put in place in March 2020 and was still in effect on 1 June 2021.
The measure allows justified absence from work for parents of children aged less than 12 (no age limit in case of disability or chronic illness) whose school has been closed by decision of the Government or of the health authority.
An allowance is also granted, compensating the worker for the loss of income from work.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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The support cannot be granted to both parents simultaneously.
The legislation mentions that the leave shall last for the number of days actually needed.
All work statuses, including NSW and the self-employed, are included in the scheme.
Initially, teleworkers were not eligible.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
|
Initially, teleworkers were not eligible.
As from February 2021, teleworkers are eligible if they chose to stop working in order to support their families, and as long as they are in one of the following types of household: (i) lone parent household, (ii) household with at least one child attending early childhood education and care or primary education, (iii) household with at least one person of any age with disability and proven incapacity of at least 60%.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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The monthly benefit corresponds to 1/3 of the base wage for the self-employed and 2/3 of the base wage in the case of employees, including NSW and domestic workers.
Social security pays 1/3 and the employers pay 1/3 for their employees.
The amount ranges from a minimum of €438.81 (i.e.
1 IAS in 2020, in the case of the self-employed) or €635 (i.e.
the national minimum wage in 2020, in the case of employees) to a maximum of €1,097.03 (i.e.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
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Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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2.5 times the IAS, in the case of the self-employed) or €1,905 (i.e.
three times the minimum wage, in the case of employees).
The benefit is paid on the basis of the actual number of days of absence to work.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 81 Country chapter Portugal Additionally, the ‘Assistance to children or grandchildren for reasons of precautionary self‑isolation’ (Assistência a filho ou neto por isolamento profilático) gives parents or grandparents of children aged less than 12 (no age limit in case of disability or chronic illness) who need to be in precautionary self‑isolation, the right to be absent from work for a maximum of 14 days and to receive the related benefit to cover loss of remuneration resulting from absence from work.
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Financial inclusion
|
Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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The benefit corresponds to 100% of the net wage, in the case of parents, or 65% in the case of grandparents.
All work contracts are included; the self‑employed are excluded.
This measure was put in place in March 2020 and was still in effect on 1 June 2021.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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Article 49 of the Portuguese labour code establishes the right of workers to be off work up to 30 days per year (or during the whole period in case of hospitalisation) in order to provide urgent and indispensable assistance to children aged less than 12 (with no age limit in the case of a child with a disability or impairment) in the case of illness or accident.
For children aged 12 or more, the number of days is halved to 15.
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Financial inclusion
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Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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For children aged 18 or more, the right remains in force as long as they share the same household.
The benefit corresponds to 100% of the net wage.
2.
Potential effect of these measures on non-standard workers and the self-employed Currently few studies and/or data can be found to enable specific assessments of the potential effect of the measures under scrutiny on non-standard workers and the self-employed.
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Financial inclusion
|
Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
|
Yet, regarding unemployment benefits, it may be argued that completing the qualifying period of at least 360 days may be harder for NSW.
In this sense, we can assume that the relaxation of eligibility conditions for unemployment benefits has eased access of these workers to social protection.
As for sickness benefits, the changes introduced benefit all workers but especially the self‑employed and those covered by the voluntary insurance scheme.
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Financial inclusion
|
Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
|
For these workers, the Covid-19 sickness benefit is paid from day 1 rather than from day 11 or 31, respectively.
As mentioned above, all work statuses, including NSW, as well as the self- employed are included in the ‘Extraordinary support to families’ measure, linked to the closure of childcare facilities and schools.
However, as emphasised by a recent paper, the scheme for self-employed workers is ‘significantly less generous’ (Moreira et al.
2020: 9).
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Financial inclusion
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Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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2020: 9).
As aforementioned, the monthly benefit corresponds to 1/3 of the base wage for the self-employed and 2/3 of the base wage in the case of employees.
Likewise, the minimum and maximum amounts of the benefit are lower for the self‑employed, calculated on the basis of the social support index, compared with those for employees, calculated on the basis of the minimum wage.
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Financial inclusion
|
Social Protection Jobs and Economic inclusion
|
Australia
|
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
|
https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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