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33
Insurance of unemployment
Dear my brother …sister:
The article no. 106 of the new labour law 12/2003 applies new system for work relations represented in what is called “temporariness of the work contract”. This provision validates the possibility to issue temporary work contract along the labourer life in spite of its renewing. Article no. 104 stipulates that the time-limited work contacts end with the end of its duration. However, article no. 106 stipulates the possibility to renew the contract for longer duration after the agreement between the labourer and the business owner.
The temporariness of the work contract is considered as the most dangerous issue in the law that gives the business owner the validity to delete the permanent jobs in addition to firing labourers regularly. By this provision, the temporary work becomes the new base of work relations that violates the stable conditions stipulated by articles no. 679 and 680 of the civil law issued in 1948. Such situation gives the business owner the opportunity to abuse labourers’ rights by obliging them to undersign new contracts with the same or less wages especially with the increase of the unemployment rates (5 million unemployed).
The articles of the new law will oblige the labourer to accept more unfair and inhumane work conditions in order to guarantee renewing the work contract through which he can satisfy the basic needs of his family. Such unstable conditions will weaken the labourers’ ability to negotiate and struggle for improving his work conditions.
My brother … sister:
Remember that law of social insurance 79/1975 stipulates the right to receive unemployment insurance if the business owner ends the work contract forcedly before the end of its duration.
What are your rights regarding unemployment insurance?
First, categories submitted to unemployment insurance
§ Under sixty-year old labourers working in the public sector or public works sector
§ (18-60 years old) labourers working in the private sector submitted to labour law coding with the following conditions:
a. have no family relation with the business owner.
b. the insured labourers shouldn’t be one of the partners that receive wages in their companies.
§ Labourers working with the external tasks connecting with house services as doormen (18-60 years old).
§ Foreign labourers submitted to labour law with special conditions.
Second, categories that aren’t submitted to this insurance
o Labourers in the administrative authority of the State and governmental institutions
o Labourers working in the fields of construction or shipment and seasonable labourers
Third, conditions of receiving this insurance
¯ The insured labourer isn’t reassigned
¯ The subscriptions of the insurance are paid for not less than six months without
no delaying especially during the first three months
¯ The insured labourer registers his name in the unemployed document in the
specialized labour force office
¯ The insured labourer visits the labour force office weekly
Forth, the beginning of receiving the unemployment compensation
The labourer could receive the unemployment insurance by the eighth date of his unemployment with two conditions:
- The labourer should register his name in the labour force office by one week of his unemployment date.
- The written demand should be presented before the specialized office by the end of the second week of the unemployment date.
The duration through which the labourer receives the insurance:
- The day before joining with new job
- To the age of sixty
- Along 16 weeks (begin with the eighth day of the labourer’s unemployment) and may be extended for 28 weeks if the duration of the labourer’s subscription concerning unemployment insurance exceed for more than 24 months.
The compensation value:
The compensation is estimated with 60% of the “insured” labourer’s subscription. It is determined with the wage of the last subscription for the main wage and the average of the changeable wage throughout the last year. The insured labourer receives 30% only if his service is ended for one of the following reasons:
- Impersonating the other’s character or presenting forged documents or certificates
- Committing big mistake that leads to business owner’s loss
- Non-implementation of the necessary instructions
- If the insured labourer is appointed under examination
- Absence without reasonable reasons more than the stipulated legal period
- Non-commitment of the labourer’s duties stipulated by the work contract
- Telling the secrets of the entity
- If the labourer is under the impact of drugs or alcohol during work hours
- Attacking the business owner or the responsible boss during the work hours
- Issuing final judicial sentence for committing crimes related to honour or morality
Cases of non-payment of unemployment compensation:
· Non-visiting the labour force office during the determined dates without reasonable excuse
· If the insured refuses the training decided by the specialized labour force office
· If the insured unemployed receives a pension less than the compensation value
· If the insured works for the other with wage less than the unemployment compensation
Cases through which the unemployment compensation is deleted:
- If the insured labourer refuses to join with a new work selected by the specialized labour force office. This work opportunity is considered suitable if it comprises the following conditions:
a. the wage of the new work isn’t less than 75% of the wage for which he receives an unemployment insurance
b. the new work codes with the qualifications, experience and professional and physical capacities of the labourer
c. the workplace is in the same province where the labourer used to work before his unemployment
- If the labourer works in his own business
- If the insured labourer works for other people with wage that is equal or more than the unemployment compensation
- If the insured receives a pension that is equal or more than the unemployment compensation
- If the insured is sixty years old during receiving the compensation
- If the Egyptian or the foreign insured labourer leaves Egypt forever
Financing the unemployment insurance:
2% of the insured labourers’ wages paid by the business owner
My unemployed brother and sister:
- Register your name through the document of the unemployed in the specialized insurance office during the first week of your unemployment
- Present a demand for receiving the compensation before the end of the second week of your unemployment
- Visit the office regularly once per week
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