التأمينات الاجتماعية للعامل الاجنبي في ضوء المعاملة بالمثل (دراسة تحليلية)

Abstract

The international community has taken great interest in the field of social insurance for workers, especially foreign workers, and the extent to which they enjoy a right or not, and this interest has been taken by the United Nations, which has issued international declarations and agreements in this regard, as well as the International Labor Organization, as an organization specialized in labor affairs.Whereas the International Labor Convention on Migrant Workers has contributed greatly to directing the international approach to the inclusion of foreign workers in social insurance, as well as the approach of the national legislator through reciprocity. This is done by raising the legal residence condition in order to control and limit immigration to legal residents, and also raising the nationality conditions, as a group of social security laws have recently suspended the benefit of some social security benefits due to a specific nationality, such as the French Social Security Law, which suspended the benefit of compensation of the same nature for non-French nationals until 1998. These procedures related to reciprocity, whether at the international or national level, have been accompanied by problems raised on this principle related to the balance in treatment and the difficulty of applying it or the way the national judge deals with this matter.