The Italian Law Journal | ItaLJ

 SPECIAL ISSUE

Hybridizations, Contaminations, Triangulations: 
Itineraries in Comparative Law Through the Legal Systems of Italy and Japan

edited by Giorgio F. Colombo

 

Contribution-Benefit Relationship in Social Security in Italy and Japan

by Seiyo Kojima

Regarding social security in Italy, any bilateral or corresponding relationship between contribution and benefit is considered denied, following the ‘social security benefit automaticity principle’ under Art 2116 of the Italian Civil Code of 1942. Meanwhile, in Japan, some connection between contribution and benefit in the social insurance system is generally considered almost self-evident. Despite these opposing basic perceptions, in reality, the legal systems and operations in both countries governing the contribution-benefit relationship are extremely similar. The employee’s right to receive benefits under the social security system is generally protected from any failure on part of the employer in making his/her contribution. At the root of this asymmetry in both countries, there may be differences in the understanding concerning the actor(s) responsible for contributing toward financial resources for social security.

 

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