Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Minimum Wage Fixing Convention, 1970 (No. 131) - Syrian Arab Republic (Ratification: 1972)

Articles 1, 3 and 4 of the Convention. Minimum wage fixing machinery. In its previous comment, the Committee had requested the Government to provide information on the minimum wage fixing machinery and how it gives effect to the provisions of the Convention. The Committee notes the Government’s reply concerning the elements to be taken into consideration when determining the general minimum wage of workers covered under section 70(b) of the Labour Act No. 17/2010 of 12 April 2010. It also notes that general administrative instructions No. B/1/645 of 4 September 1974 and instructions No. ID/2/3824 of 28 August 1976, regulating the operation of the tripartite committees are no longer in effect after the adoption of the mechanism provided for in section 70 of the Labour Act. As regard the functioning of the agricultural committees set out under section 29 of the Agricultural Relation Law No. 56 of 2004, the Committee also notes the information provided by the Government on the composition of these committees as well as their functioning and tasks, and further notes the ministerial orders concerning the minimum wage of agricultural workers in different provinces in the Syrian Arab Republic.

Regarding the issue of minimum wages for domestic workers, employees of charity organizations, casual workers and part-time workers who work for no more than two hours per day, the Committee had noted in its previous comment that these workers were not covered under section 5(a)(4) of Labour Act No. 17/2010 and had requested the Government to provide information on the minimum wage rates currently applicable to domestic workers. In its reply, the Government indicates that foreign workers shall enjoy the same rights as national workers, including the right to equal remuneration if they have the same occupation and the same conditions, which should not be less than the minimum wage set down for the specific occupation. In this respect, the Committee notes that section 8 of Law No. 10 of 27 May 2014 regulating the work of Syrian domestic workers guarantees a minimum wage for this category of workers. However, it notes that foreign domestic workers are not covered by this Law but are covered by Legislative Decree No. 65 of 22 September 2013 regulating the work of non-Syrian female domestic workers. The Committee observes that this Decree contains no provisions on minimum wage concerning non-Syrian domestic workers. The Committee asks the Government to take prompt action to ensure that non-Syrian domestic workers are entitled to a minimum wage similarly to national domestic workers and asks the Government to provide information in this regard.

Article 5. Enforcement measures. In its previous comment, the Committee had noted that Act No. 17/2010 had increased the amount of fines imposed in cases of breach of its provisions, including the provisions related to minimum wages. It had also noted, however, that no provision of the new Labour Act seemed to guarantee the right of workers to recover amounts owed to them in the event of infringement of the minimum wage legislation. The Committee once again requests the Government to take prompt action to ensure that workers enjoy such a right, which is one of the essential elements of the means to ensure the effective implementation of the Convention, and requests the Government to provide information in this regard.