Recovery strategies of premiums in the case of "lack of access to employer"

Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
The principle of "the responsibility of the employer to pay the premiums," is an accepted principle in contributory social security systems. The principle in the Social Security Act, together with the legal principle of "responsibility and commitment of social security organization in front of insured for non-payment or delay in payment of premiums" have been proposed. Apparently, these two principles are in conflict, but knowing of their legal basis and solutions can allow for compensation due to non-payment of premium. Review of previous research in this area shows that recovery of premiums, especially in cases such as lack of access to employer and lack of recognition of him is not considered. This paper through on analytical and comparative approach shows; the bases of employer's liability is"the distinction between debt and obligation to pay" and the basis of organization s liability is principle of "supporting" in the social security system and implementation of this tow rules is possible by establishing a comprehensive system of "business registration" and a "guarantee fund for damages resulting from non-payment of premiums.
Language:
Persian
Published:
journal of Private law studies, Volume:48 Issue: 1, 2018
Pages:
97 to 114
https://www.magiran.com/p1808758  
سامانه نویسندگان
  • Tabatabai Hesari، Nasrin
    Corresponding Author (1)
    Tabatabai Hesari, Nasrin
    Assistant Professor Assistant Professor, Faculty of Law & Political Science , University of Tehran, Private Law, University of Tehran, تهران, Iran
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