MSc in Social Science Research, Shahid Beheshti University; saeede.geravand@gmail.com
Abstract
Purpose: In this study, the status of development and implementation of Articles 67, 68 and 69 of the Social Security Law was examined and scrutinized. Method: The methodological approach of this research is qualitative. The technique of data collection was semi-structured interview, study of documents, international treaties, laws and regulations of the Social Security Organization. Findings: A review of the laws showed that articles with the content of maternity leave and maternity allowance were introduced into the insurance laws of Iran in 1325. The issue of maternity leave was considered over time, so that its duration from 12 weeks in the law approved in 1975, increased to more than 38 weeks in the law amending the laws of population and family planning approved in 1392. Also, interviews with experts to identify the challenges of drafting and implementing Articles 67, 68 and 69 of the Social Security Law revealed five general themes consisting of law interpretation; lack of claims by the insured; haste in passing the Social Security Law; generosity of the legislature; and challenges of other laws enforcement. Result: The results showed that the “insured spouse of a man” is not entitled to the benefits set forth in Article 67. The “allowances” indicated in Article 68 as well as Article 69 do not apply to “insured woman” and “insured spouse of man”. Finally, if we measure the adequacy of maternity benefits based on the criteria of the International Labor Organization Convention No. 183, based on the texts studied in the research, the situation of Iran in the index of maternity leave with more than 38 weeks, is favorable and even higher than the standards of this convention with a significant difference. In this regard, the cash benefits paid by the Social Security Organization are equal to the standards of Convention No. 183, as well. Therefore, the status of the adequacy index of maternity allowance in Iran is far higher than the standards set by the International Labor Organization.
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