Article 17 of the Saudi GCC Insurance Protection Extension Law

This article deals with the case of a missing employee or worker, that is, one who has disappeared without his fate being known.

Division of rules between two states:

• Substantive rules: the rules and standards in force in the civil retirement or social insurance law of the home state apply to the missing status of the employee or worker. The rights and entitlements that follow from the disappearance are governed by the law of the home state.
• Proof: the missing status is established in accordance with the procedures in force in the state of the workplace.

The rationale for this division is that the disappearance usually occurs in the state of the workplace, where the person worked and resided, so its authorities are better placed to verify and establish it. The insurance rights, on the other hand, remain subject to the law of the home state, which insures the person.

This is similar to what Article 16 provides for disability, sickness and death, where the workplace state's body completes the reports and the entitlements are settled under the law of the home state.

In practical terms, the family of a missing employee must first establish the disappearance under the procedures of the state in which he worked, and then the provisions of the home state apply to its rights. This article does not set out those provisions or procedures, so the law of each state must be consulted. Article 18 deals with the settlement of entitlements.

To apply this to a specific case, it is advisable to consult a lawyer who specializes in social insurance and retirement laws.