Page 60 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Procedure (hereafter referred to as SSSOP), 2018 (2075) are the
major governing legal instruments of contribution-based social
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security schemes of Nepal. Among these, the writer has unveiled the
intricacies and intersectionality of CBSSA with other related laws and
also the governing body, known as the Social Security Fund (hereafter
referred to as SSF), in the following sections.

Scope and Effectiveness of Contribution-Based Social
Security
The Social Security (Management Fund and Operation) Regulations,
2011 (2067) was enacted, and the Social Security Fund was
established on 21 March 2011 (7 Chaitra, 2067) as an autonomous
th
st
government agency responsible for the governance of the workforce
that encompasses all sectors of the labour market in the paradigm of
social security for all. Nevertheless, the SSF is an affiliate body of
the Ministry of Labour, Employment and Social Security (MoLESS).
Social Security funds were operated and managed for eight years with
a Social Security tax of one per cent. The coverage and benefits of
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beneficiaries were also limited. Neither could it function as envisioned
by Article 19 of ICESCR nor meet the minimum standard of ILO
Convention No. 102.

For certain years, the SSF was moving in a creeping crawling phase.
The CBSSA was enacted in 2017 with provisions for social insurance
for all workers mandatory. However, the effectuation of the Act started
with the formal sector workers in the first phase and other sectors
30
31
28 Acts and Rules, <: https://ssf.gov.np/list/act_regulation?page=1:>> (accessed on 21 03
2024)
29 Social Security Fund, Introduction, see at <: https://ssf.gov.np/pages/introduction ::>
(accessed on 23 03 2024)
30 Annual Report, 2023-2024 (2079-2080), see at <: https://ssf.gov.np/list/annual-reports ::>
For formal sector workers from 17 July 2019 (01 Shrawan 2076); informal sector and self-
employed workers 16 August 2023 (31 Shrawan 2080) and for foreign migrant workers
from 22 March 2023 (08 Chaitra 2079) (accessed on 03 23 2024)
31 Annual Report 2023 – 2024 (2079-2080), see at <: https://ssf.gov.np/list/annual-reports ::>
Self-employed workers 16 August 2023 (31 Shrawan 2080) and for foreign migrant workers
from 22 March 2023 (08 Chaitra 2079) (accessed on 03 23 2024)
law.faculty@kdu.ac.lk
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