Guideline 27. Legal liability of the management
Legislation, policy or decree establishes the legal liability of the management.
Legislation, policy or decree establishes the legal liability of the management.
The Head of Management is suitable and competent to fill the position in the social security institution. The term of office of the Head of Management and the basis for its renewal (if it is renewable) are clear and well defined.
Legislation, policy or decree provides for the independence of the Head of Management from political interference by prescribing the selection process and by defining the grounds for removal from office solely for just cause.
The objectives and actions of the Head of Management and senior officers are aligned with those of the board in pursuit of the mandated mission of the institution.
The powers and responsibilities of the Head of Management and senior officers are clearly defined. There are no areas of ambiguity, dilemma or conflict of interest.
Legislation, policy or decree defines the powers and responsibilities of the management. The powers and responsibilities of the management are clearly delineated from those of the board. There are no areas of ambiguity, dilemma or conflict of interest.
The principle of accountability is at the heart of good governance. At a political level, it means making rulers accountable to the ruled. To enforce accountability, governance structures and mechanisms are needed to enable the principals to hold their chosen trustees legally responsible for their acts and decisions.
The management is the group of persons who, under the legislation or by-laws establishing the entity, is given the responsibility for the administration and daily operations of the social security programme.
The 23 guidelines for the management support and promote the following five principles of good governance, as applied to social security institutions:
1. Accountability
2. Transparency
3. Predictability
4. Participation
5. Dynamism
The leadership of the board motivates and inspires the institution to propose and work on innovations that would increase operational efficiency and improve the implementation of the mandate of the programme.
There is enough flexibility within the legal framework to allow the institution to introduce innovations and improvements in the administration and implementation of the social security programme, without having to amend the legislation, policy or decree establishing it.