أثر الاشتراك الاختياري للعامل في الضمان الاجتماعي على حقه في مكافأة نهاية الخدمة : دراسة مقارنة بين التشريعين الأردني والمصري

الملخص EN

The current study addresses the effect of worker’s optional enrolment in Social Security on his right of severance package.

Reviewing this issues related ones revealed that the worker, currently on his/her duty, is subject to compulsory enrolment in Social Security, and that the employer is legally obligated to address the Social Security Corporation in order to enroll the worker compulsorily, and is also obligated to pay the due installments of this participation.

The study also revealed that the worker, currently on his/her duty, is not entitled to seek optional enrollment, given that his/her enrollment is an obligation of the employer.

In case of the employer fails to inform the Social Security Corporation that the worker is currently on duty attempting the avoidance of the compulsory enrollment of the worker and not to bear the due installments, the worker may resort to optional enrollment without stating that he/she is currently on duty.

If so, the worker is entitled to have the severance package, given that being subject to the provisions of the Social Security Law, as a perquisite for his entitlement to this severance package, means that he/she is not enrolled by the employer, and that his optional enrollment does not deprive him of the severance package.

The results of this showed that the worker has the right to refer to the employer in order to demand the employer's contribution from the installments paid by the worker on the period of optional enrollment.