Access to Economic and Social Services and Rights

Article (29): A- An employee has the right to leave his job without notice, while retaining his legal rights to severance pay and compensation for unemployment and damages in one of the following cases:

1- Being employed in a job that is clearly different in nature from the job for which he was agreed upon in the employment contract, provided that the provisions of Article (17) of the Labor Law are taken into account.

In this regard, the provisions of Article (17) of this law shall apply.

2- Employing him in a way that requires him to change his permanent residence, unless the contract stipulates that this is permissible.

3- Transferring him to another job in a lower grade than the one in which he agreed to be employed.

4- Reducing his salary, provided that the provisions of article (14) of this law are observed.

5- If it is proved by a medical report issued by a medical authority that his continued work would endanger his health.

6- If the employer or his representative assaults him during or because of his work by beating, humiliation or any form of sexual assault.

Punishable according to the provisions of the legislation in force.

7- If the employer fails to implement any provision of this law or any regulation issued thereunder, provided that he has received a notice from the competent authority of the Ministry requesting compliance with these provisions.

B- If the Minister finds that the employer or his representative has used violence or any form of sexual assault against the workers employed by him, the Minister may decide to close the establishment for the period he deems appropriate, subject to the provisions of any other legislation in force.

Under the Sultani Decree No. 52/2023 promulgating the Social Protection Law, Article 121: The provisions of the Sick Leave and Extraordinary Leave Insurance Branch apply mandatorily to all Omanis working in the Sultanate of Oman, including all types of contracts, including temporary contracts, training contracts, and retired workers. The provisions of this section shall not apply to self-employed Omanis, part-time Omanis, Omanis working in the States of the Cooperation Council for the Arab States of the Gulf, and Omanis working abroad. The provisions of this section shall apply mandatorily to non-Omani workers working in the Sultanate of Oman in accordance with the categories issued by a resolution of the Council.

Iraq Retirement and Social Security Law: Article 25: First: The Department shall not pay benefits to those covered by the provisions of this law upon his departure from Iraq, except for the following: a- If the beneficiary is Iraqi and left Iraq legally. b- If the beneficiary is a foreigner, the rule of reciprocity or the provisions of international labor conventions shall be applied, whichever is better. Second: The payment of the benefits stipulated in item (first) of this article shall be regulated by instructions issued by the Minister upon a proposal from the Board of Directors.

Establishment of a Permanent Committee for Refugee Affairs to provide optimal services and assistance to all refugees

Saudi Arabia issued a new law, comprising 33 articles, for domestic workers on 2 October 2023, which will come into effect a (Hijri) year from its issuance on 21 September 2024. Key reforms include an explicit ban on passport confiscation, the establishment of maximum working hours, and the introduction of occupational safety and health regulations for the first time. The new law introduces a new section that outlines specific situations in which domestic workers have the right to terminate their contract while still preserving their entitlements.

A spokesperson for Tunisia's interior ministry said migrants were transferred to reception centres and provided with health and psychological care, with the help of the Tunisian Red Crescent. Tunisia and Libya announced on Thursday an agreement to share responsibility for providing shelter for hundreds of migrants stranded at their border. The migrants, mainly from sub-Saharan African countries, had been driven to the desert area of Ras Jedir by Tunisian authorities and left there to fend for themselves, according to witnesses, rights groups and UN agencies. Aid groups said hundreds of migrants from sub-Saharan African countries remain stranded there in life-threatening conditions.

The new decision removes restrictions on the provision of health insurance to expatriates over 60 of the listed companies.

The law stipulates that the employer is committed to pay for the health insurance installments to provide his workers coverage for the necessary basic health care services.  The employer is also committed to supply his employees with a health insurance card after issuing the insurance document and present proof of this when issuing or renewing the residency permits. Further, the employer is committed to pay for any costs of health care services offered to the beneficiaries under him on account of his failure to maintain a valid health insurance for them.

The Egyptian government recently introduced new legislation mandating foreign nationals to contribute to national social security. The mandate entered into effect on 28 September 2021, with the issuance of Decree No. 2437 of 2021, which approved the executive regulations governing Social Insurance and Pension Law No. 148 of 2019. From 28 September 2021, all foreign national employees working in Egypt must participate in the Egyptian social security scheme. Foreign national employees and their employers are now required to pay the following contribution rates to the Egyptian social security scheme: 11.5% of the total social insurance salary for employees; 18.75% of the total social insurance salary for employers. Employee and employer contribution percentages are subject to a minimum salary of EGY 1,400 and a maximum limit of EGY 9,400 as of 1 January 2022. From 1 January 2021, and for a period of seven years, minimum and maximum social insurance salary limits are increased by 15% on January 1 of each year until 1 January 2028. Foreign national employees whose country of citizenship signed a social security treaty (also known as a “totalization agreement”) with Egypt will not be required to contribute to the Egyptian social security scheme so long as they provide a certificate proving they are contributing to their home country social security. Countries that signed a totalization agreement with Egypt are Cyprus, France, Greece, Morocco and the Netherlands. Employers may want to review their social security arrangements with their foreign national employees and update their local payroll to ensure compliance.

The Tunisian ministry for human rights, relations with constitutional bodies and civil society launched an online platform (www.aide-covid19.tn) for foreigners stranded in Tunisia due to the coronavirus emergency, specifically students, migrants, and asylum seekers. The platform is to help individuals seek assistance, get connected to different organizations, and to receive donations and other aid from individuals or legal entities.