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Formalization of the Informal Economy The Need for an Integrated Policy Framework Frédéric Lapeyre Informal Economy Unit, Head DEVINVEST/Employment Policy Department International Labour Organization Share of non-agricultural informal employment in total non agricultural employment, by region (%) 2009 Some definitions • Employment in the informal sector – All jobs in informal sector enterprises - “ENTERPRISE-BASED DEFINITION”– 15th ICLS 1993 • Informal economy - All economic activities by workers and economic units that are – in law or in practice – not covered or insufficiently covered by formal arrangements - 90th ILC 2002 • Informal employment – “All informal jobs, whether carried out in formal sector enterprises, informal sector enterprises, or households - “JOB-BASED DEFINITION”– 17th ICLS 2003 8 Latin America: Informal wage employment as % of total wage employment by type of employment 120 100 80 60 40 20 0 Agricultural Employees Non-agricultural employees Domestic Workers Dynamics of informal employment in the formal and informal sectors of the economy in Argentina Why the formalization of the economy is a desirable goal ? Informal Economy Formal economy Formalization a mean and not an end for policy makers • The transition from the informal to the formal economy aims at promoting: - decent work for all, - inclusive development. • As most people enter the informal economy not by choice but as a consequence of a lack of opportunities in the formal economy: formalization should go hand in hand with ensuring opportunities for income security, livelihoods and entrepreneurship. • • For individuals (workers and/or • employers) – Improved access to rights at work, social security and decent working conditions; – Better access to representation and national policy dialogue; For enterprises – Better access to credit and other productive factors, including through public programmes; – Expended access to markets: participation in public procurements, access to imports and exports through formal channels; – Reduction of the influence of corruption, greater respect for commercial contracts, etc. For society at large – Broadening the tax base (increasing the scope of public action, reducing tax rates, etc.); – Increased equity with regard to the contribution to public budget and to benefits of redistributive policies; – Increased efficiency and sustainability of preventive & compensative measures to address risks; – Fairer competition in national and international markets – Greater social cohesion Why do we need an integrated policy framework? Economic growth: A necessary but not sufficient condition 1. The growth of formal employment is insufficient to absorb the new entrants and those currently trapped in informal employment 2. The rate of informal employment in the formal sector is growing in many places 3. Informalization is a persistent phenomena even in countries with good growth performance GDP growth and informal employment in Argentina during the economic crisis Informal employment: multiple dimensions Dimensions Indicators Legal framework: Labour legislation coverage Recognition of employee status & associated employment rights Employment rights in practice Legal framework: Social security coverage Recognition of social security entitlements Registration with SS system/scheme Payment of SS contribution Declaration with public authorities Income tax declaration Formal employment practices Written contract, terms of employment Pay slip, record of payments • Formalization of economic units – Registration of economic units – Increased compliance – Extension in application of labour and social security regulation • Formalization of jobs – Extension of application of labour regulation – Extension of coverage of social security Typology of – Registration of employment relationship – Registration of own-account endeavours formalization • Productive job creation in the formal economy – Most new entrants have access to employment in the formal economy – Increased formal employment intensity of growth. A Taxonomy of Formalization 21 Key components of an integrated policy framework: • Macroeconomic, trade, industrial, tax, sectoral and infrastructure policies that promote employment, enhance productivity and facilitate structural transformations; • Policies that affect transversal drivers of formalization such as the lack of a social protection floor, weak labour market institutions, low productivity and problem of access to finance, skills and infrastructure; • Policies that target specifics categories of economic units (e.g. MSEs), groups of workers (e.g. domestic work, self-employed), type of informality (e.g. undeclared work in formal enterprises). Economic policy Employment and social policy Institutionnal policy Formalization for inclusive development What did we learn from the Latin American experience? Building knowledge on successful formalization paths Lessons learnt about formalization 1. Some of the policies that explicitly sought to increase labour formalization were already present in these countries before – although in an isolated manner – with no positive effects on labour formalization. 2. Ad-hoc formalization policies delinked from a national development strategy and lacking political commitments are unlikely to make a sustained impact on informality. 3. Where integrated approaches have been adopted, the results for formalization have been more robust TOWARDS AN INTEGRATED APPROACH IN LAC Productivity Macro (environment) Norms Information Training Meso (sectors, chains) Streamlining of procedures Micro (business level) Social dialogue (improvement, change) Incentives Link to business Formalisation (registry, taxes) Enforcement Culture of compliance Link to social security (focus on hard- toreach groups and non-conventional methods) Institutional strengthening (advocacy management, automation) Specific approaches (Formalisation standards, specific agreements, etc.) Specific approaches WAGE WORKERS OWN-ACCOUNT WORKERS DOMESTIC WORKERS Source: Roxana Maurizio, 2014, Labour formalization and declining inequality in Argentina and Brazil in 2000s:A dynamic approach; ILO Research Paper No.9 Argentina INFORMATION STREAMLINING National Labour Regularization Program - PNRT. Systematic media campaign National Labour Regularization Program – PNRT. MiSimplification Programme SIMPLES and SUPER SIMPLES, Law on Individual Micro-entrepreneur, eSocial, REDESIM Brazil Chile Social Security Education Fund Chile Emprende “Your business in a day”, Law on reducing redtape for new firms, PREVIRED, Family-Owned microenterprise Law Laws and regulations •Dissemination of information on how to register enterprises/workers, benefits, costs, sanctions, obligations, etc. •Streamlining of administrative procedures for registering/formalizing an enterprise, tax and social security obligations •Social dialogue to promote formalisation. SCHEME Argentina Brazil Uruguay CHARACTERISTICS • Simplified regime for MSEs and own-account workers which merges tax payment and social security contributions in a one fixed monthly (Single Tax payment. Regime) • Unification of contributions with other household members Monotributo & • Access to pension benefits and medical care Monotributo Social • Subsidy (50% health insurance, total for security contribution) and tax exemption for activities performed by those in situations of social vulnerability. SIMPLES & Individual Microentrepreneur • Simplified regime for MSEs and own-account workers. • Merging of federal taxes and social security contributions in a single annual payment. • Reduced cost of social security payments Monotributo & Monotributo social • Special regime for own-account workers, domestic workers or entrepreneurs below poverty line. • Small contribution for access to social security and tax exemptions. • Access to health care for an additional fee. Incentives • Tax incentives and special tax regimes for smaller firms • Social security incentives Enforcement • Encouraging compliance through information and training • Strengthening of inspection capacity • Alternative specific approaches Argentina INFORMATION STRENGHTENING INSPECTION National Labour Regularization Program - PNRT • National Labour Regularization Program – PNRT. “Digital Inspector” • Law to promote registered employment and prevent employment fraud Colombia Ecuador Electronic Payroll (PILA) Dignified Domestic Work Strengthening of labour inspection Mexico Strengthening of labour inspection Uruguay Share of information among entities OTHER APPROACHES Formalisation agreements SIMPLES Single simplified annual tax and social security declaration Number of micro and small enterprises registered with Simples Nacional, 2007-2012 (thousands) 5000 4409 4500 3975 4000 3569 3172 3500 3000 2496 2627 2007 2008 2500 2000 1500 1000 500 0 2009 2010 2011 2012 33 Towards a new ILO instrument : The Recommendation on the transition from the informal to the formal economy • At its 317th Session in March 2013, the ILO Governing Body decided to place a standard-setting item on the agenda of the 2014 ILC on facilitating transitions from the informal to the formal with a view to the elaboration of a Recommendation (Double General Discussion 2014 and 2015). • The Office prepared a preliminary report setting out the law and practice in the different countries, together with a questionnaire which was transmitted to member States in August 2013. • Governments were invited to give their views by 31 December 2013 after consultation with the most representative organizations of employers and workers. • White report, 23 Jul 2013 (accompanied by a questionnaire and tripartite meeting of experts held from 16-20 Sept 2013 as part of the preparatory work) • Yellow report, 28 Apr 2014 (basis for the 1st discussion at the ILC 2014) • 1st discussion at the ILC, June 2014 Report of the Committee on Transitioning from the Informal Economy • Brown report, 26 Aug 2014 (3rd report prepared by the Office) The objective of the new instrument is to provide policy guidelines to: (a) facilitate the transition of workers and economic units from the informal to the formal economy; (b) promote the creation, preservation and sustainability of decent jobs in the formal economy through coordinated effective public policies; and (c) prevent the informalization of formal economy jobs. Consultation Lorsqu’ils élaborent, mettent en œuvre et évaluent des politiques et des programmes concernant l’économie informelle, et notamment sa formalisation, les Membres devraient consulter les organisations d’employeurs et de travailleurs les plus représentatives et promouvoir la participation active de ces organisations qui devraient compter dans leurs rangs, conformément à la pratique nationale, les représentants d’organisations représentatives dont les membres sont des travailleurs et des unités économiques de l’économie informelle. THANK YOU