Addressing the Problems of Pensioners and Unemployment Insurance in UAE Law

Authors

  • Ayman Mohamed Zain Othman
  • Aisha Obaid Rashid ALqaydi

DOI:

https://doi.org/10.35246/k0jw3531

Keywords:

Pensioners' Rights, Unemployment Insurance, UAE Law, Legal Issues, Legal Solutions

Abstract

After retirement, a pensioner's life may raise many legal issues which social legislation endeavors to alleviate by creating flexible and fair legal rules in appreciation of the pensioners' previous contribution to productivity. This article investigates the effectiveness of the labor legislation under the UAE pension and social security law. As the UAE legislator intends to enhance the individual's right through insurance against the risk of unemployment, the legislator issued the Federal Decree Law No. (13) of 2022 for unemployment insurance. The decree has recently been implemented in both private and government sectors. This prompted us to analyze the legislator's approaches in issues related to the concept of unemployment and the terms and conditions for eligibility from both jurisprudential and legislative points of view. Besides identifying the groups excluded from the application, the article aims to present the legal problems and solutions affecting the worker's right to insurance eligibility besides unregulated points which necessitate submission of a comparative paper on judicial and legislative efforts to upgrade the law thereof. The study found some legislative deficiencies in the Unemployment Insurance Law, principally as the transfer of insurance upon the death of the unemployed worker remains unclarified. Added to a lack of alternatives when the worker's unemployment continues for more than three months as stipulated under the decree.

Downloads

Download data is not yet available.

References

First: Arabic References

(A) Books:

I. Adnan SARHAN, Ali AL-MEHDAWE, Yousif OBAIDAT, Provisions of the Federal Labor Relations Law No. 8 of 1980 and its amendments (A joint book), University Library, Ithraa Publishing and Distribution, Sharjah-Amman, (2012).

II. Ali Alshehi, The legal system for work injuries in the legislation of the United Arab Emirates, “a comparative study. “Al-Mustaqbal Office, Dar Al-Huquq Library, Sharjah, (2015).

(B)Articles, Researches and Lectures:

I. Mudhafar Jaber AI-Rawi, Spotlight on social insurance in accordance with the laws of the UAE and Jordan - Policy books and law-University of Ouargla Ouargla-Journal -aldzair,2017.

http://search.mandumah.com/Record/820821 .

II. Yousif Hamomi, Old age within the scope of social security, Magalat Alhoquqe publishing (2016)

http://search.mandumah.com/Record/766752

III. Alfelah Hatelan, The provision regulating unemployment insurance in accordance with Jordanian legislation, Journal of Labor and Employment Law, Vol 4, issue 2(2019)

IV. http://search.mandumah.com/Record/1142979

V. AL Manaseer Abdalhafeez, Old age insurance under the rules of the social security Act, Amman Arab University for Postgraduate Studies, (2009). http://search.mandumah.com/Record/587680

VI. Gabran, Latifa, Compensation from the Moroccan social security system, Alhoquqe Journal, issue22(2020).

http://search.mandumah.com/Record/1134531

VII. Al Otaibi Saad, Those Entitled to A Social Insurance Pension for The Insured: A Comparative Study Between Kuwait and Egypt, Kuwait International College of Law Journal, vol 4, issue 14, (2016).

https://journal.kilaw.edu.kw/wp-content/uploads/2018/07/Beneficiaries-of-the-Social-Security-Benefits-on-Behalf-of-the-Insured.pdf

VIII. Ayman Mohammad Zain, “The rules developed by the Emirati legislator regarding unemployment insurance.” Symposium, A symposium at the University of Sharjah in cooperation with the University of Kalba, College of Law, entitled: The Unemployment Insurance System, (2023). Link:

https://www.sharjah.ac.ae/en/academics/Colleges/Law/Pages/Videos.aspx

IX. Developments in Social Security Law No. (7) of 2010: Increasing benefits and introducing maternity and unemployment insurance Jordanian Federation of Insurance Companies, vol 13, Issue 2, (2010) http://search.mandumah.com/Record/98490

Second: English References

(C) Articles

I. Neo liberalism, free trade, and unemployment insurance: the Canadian counter-reforms and the rights of the unemployed, J.S.S.L. 2003, 10(2), 72-85

II. Jianping Yao, Unemployment insurance under the Social Insurance Law of the People’s Republic of China: improvements and challenges, Journal of Social Security Law, J.S.S.L. 2013, 20(1), 25-40.

III. Robert A. Moffitt† and James P. Ziliak, FISCAL STUDIES, vol. 41, no. 3, pp. 515–548 (2020) 0143-5671.

IV. Till von Wachter, Lost Generations: Long-Term Effects of the COVID-19 Crisis on Job Losers and Labour Market Entrants, and Options for Policy, FISCAL STUDIES, vol. 41, no. 3, pp. 549–590 (2020) 0143-5671,

https://doi.org/10.1111/1475-5890.12247

V. Market Entrants, and Options for Policy, FISCAL STUDIES, vol. 41, no. 3, pp. 549–590 (2020) 0143-5671.

VI. Tal Regev, Unemployment Insurance and the Uninsured, Federal Reserve Bank of San Francisco, December 2006,

http://www.frbsf.org/publications/economics/papers/2006/wp06-48bk.pdf

X. Enrique S. Pumar, Faith Mullen, The Plural of Anecdote is Not Data: Teaching Law Students Basic Survey Methodology to Improve Access to Justice in Unemployment Insurance Appeals, 16 UDC/DCSL L. REV. 17 (2012).

https://scholarship.law.edu/scholar/index.11.html

(D) Case Law:

IR. v. Blodgett (1986), 1986 CarswellYukon 29 (Y.T. Terr. Ct.) .Canadian Encyclopedic Digest Sentencing, prepared by R Paul Nadin- Davis, Updated by the legal editorial staff of thomoson Reuters Canada: March2023. Forgery, fraud Currency offences.

II. R. v. Wilton (1991), 1991 CarswellSask 303 (Sask. C.A.) Canadian Encyclopedic Digest Sentencing, prepared by R Paul Nadin- Davis, Updated by the legal editorial staff of thomoson Reuters Canada: March2023. Forgery, fraud Currency offences.

III. The Attorney General of Canda v. Vaden SacreyRes. Applicants Memorandum of fact and Law, 2003, CCELPLEADINGF 590(2003).

IV. Collection of rulings of the (UAE) Federal Supreme Court (2003-2015)

(E)Laws:

I. Federal English Regulations Current to Gazette Vol. 157:20 (September 27, 2023)

II. -Unemployment insured Act 1920(UK).

III.The Federal Decree-Law No. 13 of 2022, Unemployment Insurance (Unemployment Insurance Law).

IV. Cabinet Resolution No. (97) of 2022 regarding the mechanisms and controls for implementing the unemployment insurance system. United Arab Emirates.

V. Federal Law No. (7) of 1999 regarding pensions and social insurance and its amendments, United Arab Emirates.

VI. Explanatory memorandum to the Civil Transactions Law promulgated by Federal Law No. (5) of 1985, amended by Federal Law No. (1) of 1987.

VII. Law No. 1 of 2014 regarding Social Security, The Hashemite Kingdom of Jordan, issued on 01/13/2014, published on 01/29/2014, effective as of 01/29/2014 - published in Official Gazette 5267.

Downloads

Published

2024-12-25

How to Cite

Ayman Mohamed Zain Othman, and Aisha Obaid Rashid ALqaydi. 2024. “Addressing the Problems of Pensioners and Unemployment Insurance in UAE Law”. Journal of Legal Sciences 39 (2): 251-91. https://doi.org/10.35246/k0jw3531.

Similar Articles

21-30 of 575

You may also start an advanced similarity search for this article.

Most read articles by the same author(s)