Public Law Studies Quarterly

The Mechanisms for and Challenges of the International Transfer of Social Security Contributions

Document Type : Article

Authors

Morteza Rostami 1
hasan badini 2

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

https://doi.org/10.22059/jplsq.2023.348812.3180
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
Subjects

  1. English

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    1. B) Articles
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    1. C) Instruments
    2. Directive 2003/109 or the Legal Exclusion of the Long-term Resident, 2003.
    3. Case 92/81, Camara v. Institut national d’assurance maladie-invalidité, 1982.
    4. 22. Convention relating to the Status of Refugees, Geneva, 28 July 1951.
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    1. D) Others
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    References in Persian:

    1. A) Books
    2. 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).
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    1. B) Articles
    2. 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).
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    4. 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).
Public Law Studies Quarterly
Volume 53, Issue 4
Winter 2024
Winter 2024
Pages 1855-1880

  • Receive Date 18 September 2022
  • Revise Date 13 November 2022
  • Accept Date 30 January 2023

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