المخاطر المضمونة في قانون التأمينات الإجتماعية

Abstract

The present research aims at studying the risks guaranteed by the law of social insurances , such as the risk of illness, the disability, death, or maternity, in the framework of a comparat ive study between the Algerian and the Egyptian laws of social insurances so as to determine whether the two laws have achieved their objectives , that is to say giving the necessary soc ial protection to the contributors in case they are faced with one of these risks which would disable them and make them lose the income on which their family and they depended to meet the requirements of the daily life . The main factor that led to the study of this important and practical subject is the problem of defining the needs and requirements of each Algerian or Egyptian individual, taking into account the increase of the demand and the rising cost of living which deprive the low income individual of the minimum required . The study is based on a comparative method for its main part, relying from time to time on the analytical method , and it is organized around three main chapters . The preliminary chapter, divided into two sections, is devoted to the de velopments of the social insurances and their pecul iarities. The first section deals with the means used to face the soc ial risks before the advent of the social insurances The second section investigates the peculiarities of the soc ial insurances and how they differ from the other similar systems . In the first chapter of the study, we dealt with the field of application of the law of social insurances. The first section focuses on the contributors and on the required conditions according to the Algerian law of social insurances . The contributors and the conditions required in the Egyptian law are dealt with in the second section. A third section is devoted to the way of financing and managi ng the social insurance expenditures. The third and last chapter of the present research assesses the ri sk s guaranteed by the law of social insurances . The first section is devoted to the risk of illness , since it is the mos t important risk covered by the law of social insurances. The second section deals with the risk of disability as a ri sk guaranteed by the law of social insurances . The risk of death , a risk covered by the law of social insurances , and a risk that puts an end to the life of the contr ibutor and to his/her active life , is the subject of the third sect ion. The fourth section analyses the risk of maternity and birth for the working woman, since it involves a decrease in her income used to support her family and herself, keeping in mind that the role of the social insurances is to guarantee a decent standar d of living to any contributor in case of a temporary or per manent loss of his/her income for circumstances beyond their contr ol.A solution is proposed to the problem set up related to the efficiency of the laws of social insurances designed to provide a soc ial security protection to the contributors in the Algerian and Egyptian laws of social insurance, because of the compulsory natur e which characterizes this law; a social insurance system which in our opinion, should be managed by state run organizations in order to achieve the social and economic role that it has to play. Proposals have been submitted to the Algerian legislator in thi s context, and among them the need to extend the ‘ tierspayant ’ system updated by decree N° 17/96 dated 06 July 1996, which will cover all the categories of contributors, considering its positive aspects, and the need to limit the maternity leaves to a number of three during the professional life of the woman, as it was done by the Egyptian legislator