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Did the Senate violate the constitution .. !!

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18-03-2023 11:13 AM

jordan pulse -

In the media, within the news of the Senate’s approval of the draft law amending the Social Security Law, the media published that the Senate made a recommendation to the government to give emerging companies the possibility not to involve their workers in the guarantee in the first five years of establishing the company, provided that this decision is reviewed after studying its implications.
So what does this mean..?!

First: Discrimination between working citizens. This is a working citizen who is covered by the provisions of the insurance law and enjoys full social and economic protection in accordance with the provisions of the law, and that working citizen is deprived of protection because he joined the work of an emerging establishment that was exempted from being covered by the guarantee.. This discrimination violates the text of item “1”. From Article (6) of the Jordanian Constitution (Jordanians are equal before the law, without discrimination between them in terms of rights and duties...).

Second: Depriving the worker of being covered by the provisions of the Social Security Law in such a case gives him the right to important rights under the Labor Law, including the right to an end-of-service gratuity, which corresponds to his inclusion in the guarantee. Service under the Labor Law. Paragraph “a” of Article (102) of the Insurance Law confirmed this in a clear text as follows:
(The employer's obligations in insurance for old age, disability and death under the provisions of this law are matched by the end of service gratuity determined in accordance with the provisions of the applicable labor law). This means that the worker's failure to include the aforementioned insurance gives him the right to obtain end of service compensation, and this compensation may be greater in value than the value of The insurance contributions to be paid on his behalf by the employer, in addition of course to the worker's right to full treatment for work injury at the employer's expense and the worker's right to paid maternity leave for a period of (70) days. Social security.

Third: The seriousness of this recommendation is that it also tended to study the effects of this proposal submitted to the government after the experiment, while notables should have asked the government to study the proposal and study its effects before putting it into practice in order to identify any risks, caveats, or negative results that may arise from it before it happened..!!
Fourth: This proposal, if implemented, will constitute a reluctance to join startups and establishments, encourage evasion of compliance with the law, and could put pressure on public jobs in the country to provide full protection for employees, while employees and workers joining startups will lack the lowest levels of protection. !

Unfortunately, this recommendation clearly and explicitly favors business owners at the expense of workers.. and this is what cannot be expected from a council that represents one of the two chambers of the National Assembly..!

Journalist and human rights activist/ Musa Al-Subaihi


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