The Supreme Administrative Court rejected an appeal to include 1,222 workers on the system of purchasing services in the Water Authority and Miyahuna with social security.
In a statement to the Jordan News Agency (Petra), Anas Al-Qudah, media spokesman for the Social Security Corporation, said that the Supreme Administrative Court confirmed the validity of the Insurance Affairs Committee’s decision, and workers will be included in the purchase of services retroactively from the date of purchase of services.
The decision included 931 workers from the Water Authority and 291 workers from the Jordan Water Company (Miyahuna), Yarmouk and Aqaba.
The Corporation followed up the report published by the Jordan News Agency (Petra) on the workers category last year, and it was instructed to form a committee of inspectors from the Insurance Evasion Directorate in the Inspection Department, after which this category would be included in the social security umbrella.
The report indicated that water workers work in the system of purchasing services, and perform the tasks assigned to them like the rest of their colleagues appointed on permanent contracts of indefinite duration, as they face many problems, the most prominent of which is the lack of health insurance, annual and sick leaves, and the failure to involve some in social security.
The Supreme Administrative Court rejected the appeal submitted by the Water Authority based on the text of Article 4 of the Social Security Law and Article 9 of the Inclusion System, where the court considered that the plaintiff is a public establishment covered by the provisions of the Social Security Law and its agreement with these workers under the purchase of services does not prevent them from being covered by the provisions of the Social Security Law .
The court relied on Article 4 of the Security Law, which stipulates that the categories specified in the aforementioned article are subject to whatever the term or form of the contract, and Paragraph B of the same article determined the categories that are not subject to the provisions of the Security Law.
The court also relied on Article 9, Paragraph A, of the Corporation’s Insurance Inclusion System, which stipulates that a person is considered insured and covered by the provisions of the law if the following conditions are met: that he performs work for the establishment and receives a wage for the work and that he is affiliated with the establishment’s management, direction and supervision, as all conditions are met On the work of the workers whose inclusion decision was issued.
And it relied on Paragraph C of Article 9, which stipulates that the will of the employer or the worker or the agreement concluded between them, explicitly or implicitly, does not prevent the application of the provisions of the article and the inclusion of the insured in the provisions of the law, and therefore the agreement with these workers in contracts for the purchase of services does not prevent their inclusion in the provisions of the guarantee law social.
The court indicated that the Prime Minister’s circular dated 11/20/2016, which includes that all ministries, official departments, government agencies and institutions, official universities, municipalities and joint services councils who employ workers and contract with them in the form of purchasing services, must comply with the provisions of the Social Security Law if the elements of a public job are available.
— (Petra)