Protection of Wages Convention, 1949 (No. 95) - Syrian Arab Republic (Ratification: 1957)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 2(2) of the Convention. Scope of application. With reference to its previous comment regarding the protection of wages for certain categories of workers excluded from the scope of application of Labour Act No. 17/2010 of 12 April 2010, the Committee notes the adoption of Legislative Decree No. 65 of 22 September 2013 regulating the work of non-Syrian domestic workers and its implementing instruction issued by virtue of Order No. 2644, as well as Ministerial Circular No. 9492 of 6 November 2013 which includes a model sample of an employment contract of a non-local female domestic worker. It also notes that Law No. 10 of 27 May 2014, regulating the work of Syrian domestic workers, and Order No. 685 of 3 June 2014, which includes a model employment contract of a domestic worker, were promulgated.

Regarding the other categories of workers excluded from the scope of Labour Act No. 17/2010, the Government indicates that these excluded categories of workers are protected by their employment contracts, which may not in any case prescribe fewer entitlements than those prescribed by the Labour Act, as provided for under section 5(b) of the Labour Act. The Committee recalls that, while the Government indicated in its first report on the application of the Convention that it excluded domestic workers and casual workers from its scope, pursuant to the requirements of Article 2(2) of the Convention, it is still bound, in accordance with Article 2(4), to regularly indicate in its reports the categories of persons for which it waives the exclusion from the application of the Convention, and any progress made with a view to applying the Convention to those categories of workers. In addition, the other categories of workers excluded from the scope of application of the Labour Act must benefit from the protection afforded by the Convention, since they are not covered by an exception allowed under Article 2(2) of the Convention. The Committee requests the Government to keep providing information on the progress made in ensuring full protection of wages for all categories of workers excluded from the scope of Labour Act No. 17/2010. In addition, the Committee understands that, in the context of the crisis that the country is facing, many migrant workers have returned to their country of origin. It therefore requests the Government to indicate the measures taken or envisaged to ensure the payment of all wages owed to these migrant workers by their employers.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the general human rights situation in the country as referred to in its comments under Convention No. 105. It also notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 2 to 14 of the Convention. Scope of application – Protection of wages. The Committee notes the adoption of Labour Act No. 17/2010 of 12 April 2010, which repeals the Labour Code of 1959 on which the Committee had previously been commenting. It notes, however, that section 5 of Act No. 17/2010 excludes from its scope, in addition to civil servants who are subject to a special regime, agricultural workers, members of the employer’s family supported by him/her, domestic servants, workers of charity organizations, casual workers and part-time workers who work for no more than two hours per day.

The Committee recalls that, pursuant to its Article 2(1), the Convention applies to all persons to whom wages are paid or payable, subject to the exclusions permitted on an exceptional basis under Article 2(2). In this connection, the Committee notes that, while the Government indicated in its first report on the application of the Convention that it excluded domestic workers and casual workers from its scope, pursuant to requirements of Article 2(2) of the Convention, it is still bound, in accordance with Article 2(4), to regularly indicate in its reports the categories of persons for which it waives the exclusion from the application of the Convention, and any progress made with a view to the applying the Convention to those categories of workers. In addition, the other categories of workers excluded from the scope of the Labour Act must benefit from the protection afforded by the Convention, since they are not covered by an exception allowed under Article 2(2) of the Convention.

In view of the high number of foreign domestic workers employed in the country, the Committee considers that the measures aiming at the protection of wages of those workers are of particular importance. It understands, in this regard, that the Government adopted in 2010 new legislation aimed at strengthening the rights of domestic workers and requests it to provide a copy. The Government is also requested to provide information on the measures taken to ensure the protection of wages, in accordance with the Convention, for all categories of workers excluded from the scope of Labour Act No. 17/2010. In addition, the Committee understands that, in the context of the crisis that the country is facing, many migrant workers have returned to their country of origin or plan to do so with the assistance of the International Organization for Migration (IOM). It requests the Government to indicate the measures taken, notably in collaboration with the IOM, to ensure the payment of all wages owed to these migrant workers by their employers.

Finally, the Committee requests the Government to provide information on the application of the following provisions of the Convention in the light of Labour Act No. 17/2010: Article 6 (freedom of workers to dispose of their wages); Article 8 (types of authorized deductions and limits); Article 9 (prohibition of deductions from wages in favour of the employer or an intermediary for the purpose of obtaining or retaining employment); and Article 14(b) (obligation to inform workers of the particulars of their wages at the time of each payment of wages).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2 to 14 of the Convention. Scope of application – Protection of wages. The Committee notes the adoption of Labour Act No. 17/2010 of 12 April 2010, which repeals the Labour Code of 1959 on which the Committee had previously been commenting. It notes, however, that section 5 of Act No. 17/2010 excludes from its scope, in addition to civil servants who are subject to a special regime, agricultural workers, members of the employer’s family supported by him/her, domestic servants, workers of charity organizations, casual workers and part-time workers who work for no more than two hours per day.

The Committee recalls that, pursuant to its Article 2(1), the Convention applies to all persons to whom wages are paid or payable, subject to the exclusions permitted on an exceptional basis under Article 2(2). In this connection, the Committee notes that, while the Government indicated in its first report on the application of the Convention that it excluded domestic workers and casual workers from its scope, pursuant to requirements of Article 2(2) of the Convention, it is still bound, in accordance with Article 2(4), to regularly indicate in its reports the categories of persons for which it waives the exclusion from the application of the Convention, and any progress made with a view to the applying the Convention to those categories of workers. In addition, the other categories of workers excluded from the scope of the Labour Act must benefit from the protection afforded by the Convention, since they are not covered by an exception allowed under Article 2(2) of the Convention.

In view of the high number of foreign domestic workers employed in the country, the Committee considers that the measures aiming at the protection of wages of those workers are of particular importance. It understands, in this regard, that the Government adopted in 2010 new legislation aimed at strengthening the rights of domestic workers and requests it to provide a copy. The Government is also requested to provide information on the measures taken to ensure the protection of wages, in accordance with the Convention, for all categories of workers excluded from the scope of Labour Act No. 17/2010. In addition, the Committee understands that, in the context of the crisis that the country is facing, many migrant workers have returned to their country of origin or plan to do so with the assistance of the International Organization for Migration (IOM). It requests the Government to indicate the measures taken, notably in collaboration with the IOM, to ensure the payment of all wages owed to these migrant workers by their employers.

Finally, the Committee requests the Government to provide information on the application of the following provisions of the Convention in the light of Labour Act No. 17/2010: Article 6 (freedom of workers to dispose of their wages); Article 8 (types of authorized deductions and limits); Article 9 (prohibition of deductions from wages in favour of the employer or an intermediary for the purpose of obtaining or retaining employment); and Article 14(b) (obligation to inform workers of the particulars of their wages at the time of each payment of wages).

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information sent by the Government in its report to the effect that work is under way to examine ratification of certain ILO Conventions, including the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173). It requests the Government to keep it informed of any developments in this respect.

The Committee also notes the information from the Government to the effect that certain categories of workers are excluded, totally or partly, from the scope of the Labour Code. It reminds the Government that, in accordance with Article 2, paragraph 1, the Convention applies to all persons to whom a wage is paid or payable. The Government is asked to provide more detailed information on the categories of workers excluded from the scope of the Labour Code and on any other provisions of the law ensuring protection of their wages. The Committee refers the Government in this context to its comments on Conventions Nos 29 and 31 concerning the conditions of employment of a very large number of foreign domestic workers. The Committee hopes that the Government will not fail to step up its efforts to ensure adequate protection for this particularly vulnerable group of workers, including protection of their wages.

The Committee also notes the information sent by the Government regarding breaches of the Labour Code reported in 2003 by the labour inspection services. It notes that the only contraventions reported concern the application of section 43 of the Labour Code on the establishment of written labour contracts, and that other provisions of the Code regarding wage protection – such as section 45 (payment in legal tender) – are not even mentioned in the inspection checklist. The Committee requests the Government to provide detailed information on the application of the Convention in practice, particularly on the number of inspection visits carried out annually, the manner in which compliance with the provisions of the law on wage protection (for example: method of payment, amount of and reasons for deductions, provision of payslip, etc.) is supervised, and the penalties imposed for breach of these rules.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Part V of the report form. The Committee notes that the Government has not provided in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee would therefore be grateful to the Government for communicating in its next report detailed information on the effect given to the Convention in practice, including for instance extracts from official reports, available statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars which would assist the Committee in its effort to supervise the observance of the standards set out in the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Articles 8(1) and 11(1) of the Convention. Further to its previous comments, the Committee notes with satisfaction the adoption of the Law No. 24 of 10 December 2000 which amends section 88(a) of the Labour Code of 1959 in order to extend the protection afforded by sections 45 to 52, 54, 66, 85 and 87 of the Labour Code to casual and temporary workers. Moreover, the Committee notes the Government’s indication that by letter dated 2 June 2001 the President of the Council of Ministers has approved the submission of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173) to the National Assembly for ratification. The Committee requests the Government to keep it informed of any developments in this regard.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Articles 8(1) and 11(1) of the Convention. Further to its previous observation, the Committee notes with regret that the Government repeats the information supplied previously and again indicates that the competent authorities are reviewing the draft Legislative Decree to amend section 88(a) of the Labour Code on which the Committee has been commenting for several years. The Government states that following the comments made by the International Labour Office in August 1998 on an earlier version of the proposed amendment, a new text is being prepared and will be forwarded in due course. The Committee again expresses hope that the draft Legislative Decree will be promulgated without further delay in so far as it brings the provisions of the legislation into line with the requirements of the Convention. It urges the Government to proceed rapidly with the necessary amendments in order to eliminate the discrepancies to which the Committee has been drawing attention for some time in the past. The Committee recalls that the technical assistance of the International Labour Office is available to the Government, and requests the Government to keep it informed in its next report of any real progress achieved in this respect.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Articles 8(1) and 11(1) of the Convention. In its previous observation, the Committee noted a revised draft Legislative Decree to amend certain provisions of the Labour Code, of which section 88(a) as amended would extend the wage protection under certain provisions (respecting limitations on deductions from wages and the protection of wages in cases of employer's bankruptcy) to temporary workers who are excluded from the coverage of the rest of the provisions of Book II, Chapter II of the Code.

The Committee takes note of a letter of the Minister of Social Affairs and Employment addressed to the Minister of the Presidency's Affairs, a copy of which is attached to the Government's report, asking information on the status of the said draft Legislative Decree.

The Committee hopes that the Legislative Decree will be adopted in the near future and requests the Government to furnish a copy once it has been adopted.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Articles 8(1) and 11(1) of the Convention. In its earlier observation, the Committee noted a revised draft Legislative Decree to amend certain provisions of the Labour Code, of which section 88(a) as amended would extend the wage protection under certain provisions (respecting limitations on deductions from wages and the protection of wages in cases of employer's bankruptcy) to temporary workers who are excluded from the coverage of the rest of the provisions of Book II, Chapter II, of the Code.

The Committee takes note of a new letter of the Minister of Social Affairs and Employment addressed to the Minister of the Presidency's Affairs, a copy of which is attached to the Government's report, asking information again on the status of the said draft Legislative Decree.

The Committee hopes that the Legislative Decree will be adopted in the near future and requests the Government to furnish a copy once it has been adopted.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Articles 8(1) and 11(1) of the Convention. Further to its previous observation, the Committee notes the Government's indication in the report that a revised draft Legislative Decree has been submitted anew to the Presidency of the Council of Ministers to amend certain provisions of the Labour Code. The Committee notes from the attached text of the revised draft that section 88(a) as amended would extend the wage protection under certain provisions (respecting limitations on deductions from wages and the protection of wages in cases of employer's bankruptcy) to temporary workers who are excluded from the coverage of the rest of the provisions of Book II, Chapter II of the Code.

The Committee hopes that the Legislative Decree will soon be adopted and requests the Government to supply its copy once it has been adopted.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Articles 8, paragraph 1, and 11, paragraph 1, of the Convention. The Committee recalls its previous comments with regard to temporary workers who do not work for public bodies and who, in accordance with section 88(a) of the Labour Code, are excluded from the coverage of Book II, Chapter II, of the Code. The Committee notes that a draft Legislative Decree has been submitted to the President of the Council of Ministers in order to amend, among other provisions, section 88(a) of the Labour Code so as to extend the protection of its provisions (respecting limitations on deductions from wages under certain conditions and the protection of wages owed by the employer, his successor or assignee in cases of bankruptcy) to the above workers. The Committee requests the Government to supply a copy of the Legislative Decree once it has been adopted.

Observation (CEACR) - adopted 1987, published 74th ILC session (1987)

1. The Committee notes the adoption of Act No. 1 of 2 January 1985, regulating employment conditions for public employees, and particularly the provisions permitting the engagement of temporary, seasonal and occasional workers by public bodies and the extension of the protection of these provisions, including those with regard to wages, to such workers.

2. However, the Committee recalls that temporary workers other than those working for public bodies are excluded from the coverage of Book II, Chapter II, of the Labour Code under section 88(a). In particular, the Committee recalls that the protection afforded by sections 54 and 66 of the Labour Code (regarding limitations on deductions from wages under certain conditions), which give effect to Article 8, paragraph 1, of the Convention, has not yet been extended to temporary workers. The Committee further observes that these workers also are entitled to the protection of sections 85 and 87 of the Labour Code (relating to protection of wages owed by the employer, his successor or assignee in cases of bankruptcy, etc.), which are in harmony with the requirements of Article 11, paragraph 1. The Committee recalls the Government's statement to the effect that it had prepared a draft Decree to amend the Labour Code in certain respects in relation to several Conventions. The Committee hopes that the Government will take its comments into account during the discussion and adoption of the above draft Decree and that the necessary measures to ensure the full application of the Convention will be taken in the near future.