Migrant Workers’ Rights to Access Social Security Benefits under International Instruments and Bilateral Labor Agreements

Document Type : Original Article

Authors

1 PhD Student in Public Law, Azad University Science and Research Branch, Tehran (Corresponding Author).

2 PhD in Public Law, Assistant Professor at University of Birjand.

3 PhD Student in Public Law, Azad University Central Tehran Branch.

Abstract

Background: From the perspective of international standards, countries of destination for migration should extend social security protections - at least in terms of job benefits - to migrant workers on the basis of the principle of equal treatment of national workers. However, due to economic differences among countries, the inadequate implementation of international instruments on the right to social security, and the lack of extensive bilateral social security agreements, many migrant workers have been deprived of social security protections.
Objective: Providing solutions to ensure the right of all types of migrant workers to access social security, examining the shortcomings and gaps in this area, and providing appropriate solutions are among the basic objectives of this study.
Method: This descriptive-analytical study attempts to provide social security protections to migrant workers after analyzing their situations.
Conclusion: The results of the study show that an inappropriate guarantee of the implementation of international instruments as well as the economic differences among countries caused many migrant workers to be deprived of social security protections. Meanwhile, bilateral labor agreements can better guarantee migrant workers’ access to social security protections because they conform to the economic realities of countries.

Keywords