Article 9 of the 1974 Declaration on Citizens’ Rights, stipulates that labour is a right and duty of every citizen and lists, among others, the right to social security. The social security system adopted by San Marino is universal, in that the same treatment applies both to employees and self-employed, although with different calculation formulas and contribution rates. Though it changes the mechanism, Law n. 157 of 2005 maintains a “pay-as-you-go” wage-based system. Framework Law n. 158 of 2005 introduces the so-called “second pillar”, that is a mandatory contribution-based system. However, its actual implementation is envisaged in 12 months time, once the legal provisions are defined. Similarly, unemployment benefits are not linked to the sector of activity, which means that employees in the cultural sector, hired under collective bargaining agreements, are entitled to the same benefits as any other employed worker (e.g. wage supplementation funds, mobility, etc.).
Employment in San Marino was initially regulated by Law n. 7 of 1961, Law for the Protection of Labour and Workers, subsequently modified and supplemented. The labour sector was then regulated by the 1989 Law on Employment and by the recent Law n. 131 of 2005 Promoting, Supporting and Developing Employment and Training.