Document Type : Article
Authors
1 Ph.D. in Public Law, Judge of the Court of Administrative Justice, Tehran, Iran
2 Associate Prof., Department of Law, Faculty of Law and Political Science, Tehran University, Tehran, Iran
Abstract
upporting the social security rights of migrant workers and their family members as a human rights issue has been the focus of many international institutions in the last century. One of the manifestations of this attention is the issue of recognizing and accepting their acquired social security rights; among the examples of acquired social security rights of migrant workers, the contribution periods acquired by them in the country or countries of their previous employment should be considered. Considering the importance of this issue for migrant workers, this paper examines the legal aspects of the international transfer of social security contribution periods. The findings of this research indicate that the international transfer of contribution periods has several conditions, including: membership in the insurance system, residence in the host country, and the existence of an international social security agreement between the migrant worker's origin and destination country. Currently, most of the developing countries are facing various challenges in the field of international transfer of contribution periods, the most prominent of which are: limitations of the internal transfer of contribution periods, differences in the social security system of countries and the negative approach of countries towards concluding agreements between International social security or accession to the documents approved by the United Nations and the International Labor Organization.
Keywords
- social security acquired rights
- social security agreement
- convention no. 157
- aggregation of contribution periods
- migrant worker
Main Subjects
English
- A) Books
- Hirose‚ K. & Nikac, M. & Tamagno, E.,(2011). Social Security for Migrant Workers; A rights-based approach. International Labour Organization‚ Budapest, First pub.
- Hoda, Anwarul & K. Rai, Durgesh,(2019)."Totalisation/Portability of Social Security Benefits: Imperatives for Global Action", Working Paper, No. 379, Provided in Cooperation with: Indian Council for Research on International Economic Relations (ICRIER).
- Holzmann, Robert,(2016). Do Bilateral Social Security Agreements Deliver on the Portability of Pensions and Health Care Benefits? A Summary Policy Paper on Four Migration Corridors between EU and Non-EU Member States, Institute for the Study of Labor, Bonn, first pub.
- Holzmann, R., & Koettl, J.(2011). Johannes, Portability of Pension, Health, and other Social Benefits: Facts, Concepts, Issues. University of Vienna, World Bank.
- ILO (2016). Labour migration in Latin America and the Caribbean, Regional Office for Latin America and the Caribbean, Lima, First pub.
- ILO,(2012). Social security coordination for non-EU countries in South and Eastern Europe; A legal analysis, First pub.
- ISSA,(2014) Hand Book on the extension of social security coverage to migrant workers, International Social Security Association, First pub.
- ISSA(2021). Information and Communication Technology- C.2. ICT-based Implementation of International Social Security Agreements, First pub.
- Organization for Security and Co-operation in Europe,(2006). Handbook on Establishing Effective Labour Migration Policies in Countries of Origin and Destination, Helsinki.
- Olivier, Marius & Govindjee,(2013). Avinash, Labour rights and social protection of migrant workers: In search of a coordinated legal response, presented at the Inaugural Conference of the Labour Law Research Network, Barcelona, First pub.
- T. Cruz, A. (2004) Portability of benefit rights in response to external and internal labor mobility: The Philippine experience, Thirteenth regional conference for Asia and the Pacific, Kuwait, first pub.
- Van Panhuys, C. & Kazi Aoul, S.; Binette, G.,(2017). Migrant access to social protection under Bilateral Labour Agreements: A review of 120 countries and nine bilateral arrangements, International Labour Organization, First pub.
- B) Articles
- Brickenstein, C. (2015). Social protection of foreign seasonal workers:from state to best practice. Brickenstein Comparative Migration Studies, Springer Open Journal.
- Forteza, A.(2008). The Portability of Pension Rights: General Principals and the Caribbean Case. World Bank (SP Discussion Paper no. 0825).
- Hall, A.(2012). Migrant Workers and Social Protection in ASEAN: Moving Towards a Regional Standard?. Journal of Population and Social Studies, 21(1).
- Pasadilla, G. O. & Abella, M.(2012). Portability of Social Benefits: The Economics of a Critical Topic in Globalisation. Venice International University.
- Strban‚ G. (2010). Social Security of Migrant Seasonal Workers. Faculty of Law University of Ljubljana.
- Thakur, R.(2010). Totalization with Mexico: A Path to Immigration Reform.Washington and Lee Journal of Civil Rights and Social Justice, Vol. 16.
- Van Ginneken, W.(2013). Social Protection for Migrant Workers: National and Innernational Policy Challenges. European Journal of Social Security, 15(2).
- C) Instruments
- Directive 2003/109 or the Legal Exclusion of the Long-term Resident, 2003.
- Case 92/81, Camara v. Institut national d’assurance maladie-invalidité, 1982.
- 22. Convention relating to the Status of Refugees, Geneva, 28 July 1951.
- Convention relating to the Status of Stateless Persons, New York, 28 September 1954.
- Council Regulations (EEC) no. 1408/71, Council of Europe‚ 1971.
- Netherlands Sickness Benefits Act (1913, Revised 2004).
- General Comment no. 18 (The right to work), 2005.
- D) Others
- Brandon, Emily,(2021). When You Need to Pay Taxes on Social Security, US News & Reports.
- ISSA,(2010). Social security and migrants: Policy challenges and responses, periodical «Social Policy Highlight», no.17, Genava.
- Pasadilla, Gloria,(2012). Portable Social Security for ASEAN Migrants.
- U.S. International Social Security Agreements, 2021.
References in Persian:
- A) Books
- Ahoyi, A. R. (2009). Analysis of pension laws and regulations; Problems of transferring deductions/contribution between pension funds. Tehran: National Pension Organization (Insurance Studies and Research Unit), Ch (In Persian).
- Badini, H., & Rostami, M. (1401). Social security rights. Tehran: publishing company pub., first pub (In Persian).
- Nasiri, M. (1382). Legal foundations of social security in Iran. Tehran: Higher Institute of Social Security Research, first pub (In Persian).
- Rostami, M. (2017). the appropriate legal model of pension funds in Iran's social security system. Tehran: Mizan, first pub (In Persian).
- Rostami, M. (2018). Mechanisms to protect the acquired rights of natural persons in foreign countries. Tehran: Khorsandi, second pub (In Persian).
- B) Articles
- Iraqi, E., & Taheri, A.S. (2011). Examination of the free choice of job in the light of the right to employment. Journal of Legal Research, 3, 63-96 (In Persian).
- Iraqi, E. (2010). The effect of international social security standards on domestic rights. Social Security Journal, 30, 2-25 (In Persian).
- Parvin, K., & Rostami, M. (2012). Evaluation of the effectiveness of the right to work of legal migrant workers in Iran from international documents. Private Law Studies Journal, 42(3), 103-104 (In Persian).