23.10.2018
Shereen Mazen, Research and Communications Officer, Tamkeen Fields for Aid , Jordan
Social Security contributes effectively in securing
workers as it provides them with an income once they become unable to
work or they retire.
Migrant workers constitute a major group
within the Jordanian economy. Social Security covers all working sectors
except for those in Agriculture and Domestic Work.
One of the
most common sectors where migrants work is the textile sector,
especially in factories at the Qualified Industrial Zones; with
approximately 50,000 migrants employed at these factories.
The
Social Security law does not require a work permit as a condition to
register migrant workers as long as s/he works at an institution that is
subject to and abides by the law. The mandatory conditions for workers
to be included under the provision of the Social Security law include
that the worker works in an institution, where: s/he gets paid for
his/her labor, is supervised by that institution, and; the relationship
is regular (whether on a daily, piece or shipment basis) as long as it
lasts for 16 days or more in any given month. The provisions of the law
apply to all workers without any discrimination as to nationality and
regardless of the duration or form of contract, as well as the nature
and amount of wages. The law also covers workers who are paid on a
monthly basis; regardless of the number of working days per month, with
the exception of the first month of work to which the principle of
sixteen or more working days per month shall apply.
These
conditions are also in accordance with the provisions of Article (11) of
the Instructions, Conditions and Procedures for the Recruitment and
Employment of Non-Jordanian Workers for 2012.
Non- Jordanian
workers are also permitted to withdraw their full contributions to
Social Security in one instalment within a period of 3 months of the
expiry of their work permit, provided that the Ministry of Labor
approves the lists of eligible workers, grants them no-objections and
stamps their papers approving the collection of their financial dues and
afterwards for the worker to leave the country.
In order for
migrant workers to receive their Social Security benefits, they apply to
receive single-payment compensation after visiting the Ministry of
Labor or any of the labor directorates in the Kingdom for evidence
proof.
The Social Security Corporation usually pays the one
instalment to Migrants without issues when they ask for it the first
time regardless of the number of contributions made by the worker.
However, if the worker makes the request a second time, then it is
stipulated that the number of their contributions shall not be less than
24 months. The only other time when the single payment is made is
either in the event of the death of the worker, or then reaching the
retirement age set at 60 for males and 55 for females or the workers
reaching that age but not qualifying to receive a pension or disability.
The
connection between workers receiving their SS contribution with getting
an approval from the Ministry of Labor; and the condition set by the
MoL that workers need to have a work permit when they receive these
payments even though it is not a requirement to register the worker
under its umbrella; and the exclusivity of issuing permits only given to
employers as workers themselves cannot issue their own permit all
constitute obstacles to migrant workers to receive their Social Security
contributions. These obstacles are especially apparent in cases where
employers have not issued a permit for the worker, yet it is the
responsibility of the worker to pay the fines that result from the
non-issuance of the permit, and sometimes the amount of the fine is
larger than the social security contribution the worker would ultimately
receive.
Additionally, the Social Security Corporation has
prevented workers from receiving their rights due to the laws it set
that requires workers to issue a new work permit if their permit has
expired for a period of 90 days or more and they did not travel back to
their home country so that they could receive their contributions. The
condition represents a particular issue for workers whose passports are
withheld by their employers and they could not get them back within this
90-day period.
It is noted from the number of complaints received
by Tamkeen Fields for Aid that a number of migrant workers in the
Textile sector have been deprived of their Social Security contributions
due to the clearance and subsequent closure of the factory they used to
work in; or due to the failure of the employer to issue them work
permits. An example of that is the case of two workers who were deprived
of their contributions despite working at a factory at a Qualified
Industrial Zone because the employer did not issue them work permits.
Both workers were fortunately able to subsequently benefit from a
Government Amnesty.
As we previously mentioned, the regulations
and instructions of the Social Security Corporation require that workers
obtain a clearance from the Ministry of Labor. However, the Ministry
refused to grant it to them despite knowing that it was the factory's
responsibility and fault for not issuing the work permits. The Ministry
also knew through its system that these workers remained without a
permit and yet it refused to grant them their rights.
Another
thing that was noted is that the rights of the factory workers were not
considered when the factory was liquidated and sold. Such a case is not
an individual one or infrequent. In fact, it is a repeated issue that
occurred and continues to occur when any factory is closed and the
workers are transferred to another factory. Then when the contract is
over and workers wish to return to their home country, they go to the
Social Security Corporation to collect their contributions only to find
that their status is irregular and results in the Ministry of Labor
requesting the SSC to not pay the workers until the employers pay the
permit fees.
Another case was for a worker from Bangladesh whose
employer refused to issue a work permit for the worker despite it being
stipulated in the law. Even though it was the employer who refused to
issue the permit, it was the worker who had to pay the consequences.
The
worker came from Bangladesh to Jordan to work at a company. After the
company was closed, the Ministry of Labor transferred him with a group
of other workers to another company where he worked till 2008. Then that
company also closed and the Ministry transferred them yet again to
another one where he worked. During the period he was in Jordan, the
worker was law-abiding and reported to the Ministry whenever he faced
any issues. At the end of his contract, the worker wanted to return to
his country and so wanted to collect his contribution from the SSC. When
he went to the Ministry of Labor to get the non- objection necessary to
collect the money he was surprised when he was asked to pay fines for
the non-issuance of work permits in the years: 2005-2006 / 2006-2007
/2007-2008. Even though the Ministry of Labor knew about the issues of
closed factories, the SSC continued to enforce the regulations of the
MoL to not pay the workers unless they receive a non- objection from the
Ministry, while the MoL insists that workers need to pay the fines of
previous years prior to them receiving their dues.
Thus, we stress
that it is the responsibility of the Ministry of Labor as the entity
responsible for protecting the rights of workers to note that the
issuance of work permits is the duty of the employer and the right of
the worker. As a result, the worker should not bear the consequences of
the non- issuance of permits by being deprived of their rights and
financial dues from the SSC.
Related resources:
www.tamkeen-jo.org