2021 Declaration of the Asian Workers’ Compensation Association

- For the Development of Workers’ Compensation Insurance in Asia -

Workers’ compensation organizations in Asia-Pacific, including the National Social Security Fund of the Kingdom of Cambodia, BPJS Ketenagakerjaan of Indonesia, Lao Ministry of Labour and Social Welfare of Lao PDR, Lao Social Security Organization of Lao PDR, Social Security Organization of Malaysia, Employees’ Compensation Commission of Republic of the Philippines, Korea Workers’ Compensation & Welfare Service of the Republic of Korea, Office of the Commissioner for Workmen’s Compensation of Sri Lanka, Social Security Office of Thailand and Vietnam Social Security of Vietnam (hereinafter referred to as “member organizations”), agreed upon and declared the following three matters in the 5th General Assembly of the Asian Workers’ Compensation Association in Seoul, the Republic of Korea, on June 18 th, 2021, in order to jointly explore how to protect workers from the global crisis and rapidly changing working environment, strengthen the cooperative framework for development of workers’ compensation system in the respective countries, and cement AWCA’s global standing through solidarity between and among member organizations, on the basis of the Declaration for the Development of Partnership among the Member Organizations of AWCA agreed on October 25th, 2012.

First, member organizations shall promote timely, reasonable and flexible measures to protect workers from rapid changes in the industrial structure amid the 4th Industrial Revolution and new types of risks, such as COVID-19, and constantly share information required therefor, in their operation and supervision of workers’ compensation.

Second, member organizations shall maintain the intrinsic function of workers’ compensation even in the midst of social or economic crises, to protect workers, contribute to consensus-building on the importance of workers’ compensation system, and stand in solidarity with workers, employer associations, international organizations and associations and the like for continued development of workers’ compensation systems through unilateral initiatives as well as bilateral and multilateral collaboration.

Third, member organizations shall take part in all forms of activities organized in the name of member organizations, AWCA and its Secretariat, as well as support and promote all agreed arrangements/campaigns based on the spirit of mutual respect and shared responsibility, and exert utmost effort as members of Asia’s only consultative body for workers’ compensation, to promote further development of AWCA.

All member organizations shall align on, agree upon and publicly declare the three abovementioned matters, and make diligent efforts to ensure that the overarching spirit of the declaration is effectively materialized.

CHAPTER 1. GENERAL PROVISIONS

ARTICLE 1. NAME

This Association shall be referred to as the“Asian Workers' Compensation Association”(hereinafter referred to as“AWCA”).

ARTICLE 2. PURPOSE

The purpose of the Association lies in functioning as a base to develop the workers’ compensation or employment injury insurance scheme in Asian countries, facilitate reciprocal exchanges in, and cooperation on, the area of the same scheme, and thereby enhance common benefits among the member countries of the Association.

ARTICLE 3. ACTIVITIES

The Association shall engage in the following activities or services to achieve the purpose pursuant to Article 2 hereof: 3.1Sharing knowledge, data, experiences, information, etc. among member countries in relation to the workers’ compensation or employment injury insurance scheme 3.2Holding international meetings, seminars, workshops, sessions, etc. among member countries; 3.3Issuing & publishing academic journals and other materials; and 3.4Other activities or services in which any engagement is deemed to contribute to the achievement of the said purpose

ARTICLE 4. SECRETARIAT

The Secretariat of the Association shall be based at the Social Security Organization (hereinafter referred to as“SOCSO”) which is located in Malaysia during the term of office of the fifth President.

CHAPTER 2. MEMBERSHIP STATUS

ARTICLE 5. QUALIFICATIONS

5.1A member of the Association can have any of the following two types of membership statuses: regular membership and associate membership. An organization or entity that wants to be a member of the Association shall apply for membership in the said Association at the website (www.asianwca.org) or by fax or e-mail in accordance with given procedures. 5.2An entitlement to a member of the Association shall be determined by the Secretariat. Especially, regular or associate membership shall be determined with opinions from member organizations. 5.3Any of government organizations or other public or non-profit entities having engaged in or been involved with the operation of a workers’ compensation or employment injury insurance scheme in Asia shall be entitled to the regular member of the Association on the condition that it should meet the following requirements: (a)To have engaged in, or been involved with, services or activities related to the said scheme with substantial interests in the enhancement of social security; and (b)To submit supporting evidences in a written form required or requested by the Secretariat of the Association to prove their qualifications for, or entitlements to, the said membership status in the Association 5.4Any of international or government organizations, or other public or non-profit entities having engaged in or been involved with supports for the operation of a workers’compensation or employment injury insurance scheme or other relevant activities shall be entitled to the associate member of the Association on the condition that it should meet the following requirements: (a)To give supports for the operation of the said scheme or other relevant activities with substantial interests in the enhancement of social security; and (b)To submit supporting evidences in a written form required or requested by the Secretariat of the Association to prove their qualifications for, or entitlements to, the said membership status in the Association

ARTICLE 6. RIGHTS & RESPONSIBILITIES

6.1Any of the members of the Association shall be entitled to participate in activities pursued by the Association. 6.2Any of the members of the Association shall be entitled to participate in general assemblies or meetings held by the Association; a right to vote or be elected shall be owned by the regular members alone. 6.3A member of the Association shall stick to or comply with all terms & conditions provided herein, including the resolutions of general assemblies held hereunder, and, if necessary, may have to pay a certain amount of enrollment or membership fees, which shall be subject to the decision of a general assembly.

CHAPTER 3. DIRECTORS OF THE BOARD

ARTICLE 7. COMPOSITION

The following directors shall be so appointed as to serve as what they shall be in the Association: 7.1One President (of the Directors of the Board); 7.2One Vice President; and 7.3One Secretary General

ARTICLE 8. APPOINTMENT

8.1All directors shall be selected and appointed among directors from regular member organizations. 8.2The appointment of the President shall be subject to the resolution of a general assembly; provided that, however, the appointed President has resigned from the president of his/her organization, its acting or new president shall succeed to the office of the President. 8.3The Vice President may be nominated or appointed by the President; provided that, however, the appointed Vice President has resigned from the president of his/her organization, its acting or new president shall succeed to the office of the Vice President. 8.4The chief of the Secretariat shall serve as the ex officio Secretary General of the Association. 8.5The President and Vice President shall be nominated among heads of the Association member institutions.

ARTICLE 9. RESPONSIBILITIES

9.1The President shall bear overall responsibilities for representing the Association, and holding & doing the office of a President in general assemblies or other operational meetings. 9.2A Vice President shall assist the President with various Association-related issues 9.3The Secretary General shall assist the President with the operation of the Association, including administrative issues (e.g. preparation to hold general assemblies or other operational meetings, administrative management of member organizations, etc.). The Secretary General shall be entitled to be present and voice his/her opinions in general assemblies or other operational meetings, but shall not have voting right.

ARTICLE 10. TERM OF OFFICE

10.1The term of office of the President and the Vice President shall equally be two years, and they may continue his/her office for consecutive terms of office. 10.2The term of office of the President and the Vice President shall start from 1 January of the next year of the appointment and end on 31 December of the year after next of the appointment.

CHAPTER 4. GOVERNANCE

ARTICLE 11. COMPOSITION OF GENERAL ASSEMBLY

11.1General assemblies, including regular & provisional general assemblies, shall be composed of regular members. 11.2A regular general assembly shall be held every two years; however, the President may call a provisional general assembly at his/her discretion or at the request of at least one third of the regular members. 11.3A regular assembly, in principle, shall be held in the country of the President at the time when it is held in the same country, unless otherwise specified in accordance with discussion between the President and the Secretariat.

ARTICLE 12. AGENDA ADDRESSED IN GENERAL ASSEMBLIES

The resolution of general assemblies, which are chaired by the President, shall be construed as final. In the general assemblies, the following agenda shall be addressed: 12.1Appointing & dismissing directors 12.2Revising the Articles of Association; 12.3Reporting activities & approving the settlement of accounts 12.4Addressing any other major issues presented on agenda by members

ARTICLE 13. QUORUM

The presence of at least one third of the regular members, including any members authorized or mandated to exercise a right to vote on behalf of non-present active members, in a general assembly constitutes requirements the general assembly shall meet to be legitimated hereunder, and the resolution of any agenda addressed in the said general assembly requires the majority of the regular members to vote for the agenda.

ARTICLE 14. SECRETARIAT OF THE Association

The Secretariat of the Association shall be established so that it may engage in the overall operation of the Association, including its general assemblies.

CHAPTER 5. TREASURY

ARTICLE 15. OPERATIONAL EXPENSES

The resolution of general assemblies, which are chaired by the Chairperson, shall be construed as final. In the general assemblies, the following agenda shall be addressed: 15.1Who shall or will bear relevant expenses shall be determined in accordance with consensus on each expense item among member organizations; however, when it comes to operational expenses required to, for example, hold a general assembly, responsibilities for the said expenses shall be decided by the Secretariat based on voluntary discussion among member organizations. 15.2Responsibilities for enrollment & membership fees shall be separately determined in a general assembly.

CHAPTER 6. MISCELLANEOUS

ARTICLE 16. MISCELLANEOUS ISSUES NOT PROVIDED HEREIN

Miscellaneous issues provided herein shall be addressed in accordance with mutual discussion between the President and the Secretary General, which shall be reported in the next general assembly.

ADDENDA

ARTICLE 1. APPOINTMENT OF INAUGURAL PRESIDENT

An inaugural President shall be appointed in the inaugural general assembly.

ARTICLE 2. ENACTMENT

These Articles of Association shall be enacted as of October 25, 2012.