Benefit Guarantees in the Informal Entrepreneur Worker Insurance System

Abstract

In the year 1991 the Colombian State constitutes a new constitutional order and modifies the structure of the State, generating significant changes, among which the model of assurance is highlighted, becoming history the old national system of health. The centralized country makes way for the autonomy of the regions and thus the social policies of the state are oriented to satisfy the pluralism of the regions, to the search of solutions in a particular way, Not being oblivious to this principle the approach of securing in a country full of demands and expectations to solve, arising in a very special way the new model prestacional, regulating through the Law 100 of the 1993.The new constitutional model of the guarantor of rights, seeks among others to guarantee on an equal basis the performance rights of all workers of the national territory at the time of exercising an activity, however in the development From this work we will analyze whether the constitutional principle of guarantees orientated and granted to offer equality of conditions performance to the informal worker compared to those acquired and enjoyed by the formal worker, They are developed in a comprehensive and timely manner, or if on the contrary the infringement of rights evidence the inability of the models and public policies to comply with this constitutional principle of universality of the right to work, to health and its protection in Full equality conditions Objectives: Effective application of benefit guarantees in the insurance system for informal entrepreneurial workers in Colombia. Methods: This scientific paper with a quantitative approach seeks to understand the benefit situation of the informal worker since the implementation of Law 100 of 1993 on the social security system, through a cross-sectional study. It uses a socio-legal method that correlates the application of current regulations with the context of informal worker entrepreneurs. The sources of information include primary and secondary texts, and data will be collected through content analysis and field diary, using bibliographic cards to organise doctrinal information and references. Results: The analysis of the insurance model in Colombia reveals that, although progress has been made towards almost universal coverage in the health system through the contributory and subsidised schemes, significant differences persist in terms of employment benefits between formal and informal workers. The implementation of a system inspired by the Bismarck and Beveridge models has allowed for mixed financing based on wage and tax contributions. However, informal workers face difficulties in accessing equitable benefits due to their limited ability to contribute regularly to the system, which aggravates the gap in occupational risk coverage. The current system fails to effectively integrate the needs of these workers, affecting their access to benefits and protection against occupational hazards Conclusions: The Colombian insurance model, although robust in terms of health coverage, has serious shortcomings in terms of equity in labour benefits for informal workers. The lack of savings and the economic instability that characterises this sector prevent them from contributing regularly to the system, making it difficult for them to access the same guarantees that formal workers have. To overcome this gap, it is necessary to strengthen solidarity within the system by implementing policies that partially subsidise the contributions of informal workers with a lower capacity to pay, in the style of the Beveridge model. In addition, it is essential to develop public policies that promote savings with incentives to ensure greater social protection and inclusive access to labour and pension security.

Keywords

• informal work, social security, Informal worker, law, equality