Public Amicable Settlement of Disputes in Accordance with Jordanian Law: A Comparative Study

Abstract

Public disputes are those controversies that may arise between the insured or with his rights on the one hand and the agencies of Social Security on the other hand about renderings kind and cash entitlement or not and expanding the field of application of this disputes to include obligations rests with the employer and relating to non-implementation of the obligations to the Fund in the legal proper time[1], More specifically legislator of insurance has developed a set of rules governing the relationship between the insurance institution and worked with the parties, particularly the insured and the employer and that the report of a set of rights and duties and breach could lead to disagreements of a general nature, Where the insurance institution issues decisions within the framework of the relationship between them and the insured or employers arise naturally rights and consequent duties and raised legal graduated according to the nature of their medical disputes or technical disputes, in an administrative decision, which the insurance institution issued as part of a secure work-related injuries and occupational diseases may be subject refused to provide for the rights established by law and may be the subject of the decision to pay sums of money, whether sanctions or increases delays or forced collection if it related to the employer,  in  this regard the legal rules of public disputes in terms of the organization of space into two parts: The first Section relates to disagreements relating to the rights of insured and with their rights in this aspect the focus of dispute mainly about insurance benefits entitlement or not, and this either for breach of the institution obligations in payment of compensation or non-eligibility of the beneficiary or with his rights to benefit from renderings in-kind and cash for non-of insurance file for the conditions and procedures laid down legally.

[1] J.-P. Chauchard, manuel Droit de la sécurité sociale, 2e ed., L.G.D.J.,1998, P.218; S. Julliot-Bernard et J. Moret Bailly, Les nouveaux contentieux des professions de santé, Dr. Social sept-octobre 1996, p. 840.  La modification du contentieux des relations entre l'assurance maladie et les professions de santé, Bull soc. Fr. Lefèvre, février 1997, p. 65.  H. Ouaissi, Contentieux général de la sécurité sociale et de la mutualité sociale agricole, Juris.-Class. Procédure civile, 2009, P P.2.

Semati Tayeb , public disputes in the field of social security in the light of the new law, op. Cit., P. 13  et seq. Ben Sari Yassin, social security disputes in Algerian legislation, op. Cit., S12-13.