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

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)

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1974 and instructions No. ID/2/3824 of 28 August 1976, regulating the operation of the tripartite committees are no longer in effect after the adoption of the mechanism provided for in section 70 of the Labour Act.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.

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 1, 3 and 4 of the Convention. Minimum wage fixing machinery. The Committee notes the adoption of Labour Act No. 17/2010 of 12 April 2010, repealing the Labour Code of 1959, on which the Committee had previously been commenting. It notes that sections 69 and 70 of Act No. 17/2010 provide for the establishment of a National Tripartite Committee responsible for setting the general minimum wage for workers covered by this Act. It also notes sections 71 and 72 of Act No. 17/2010, concerning the tripartite committees responsible for making recommendations, as was the case under the previous Labour Code, on minimum wage rates by occupation in different provinces. The Committee requests the Government to provide further details on the functioning of the National Tripartite Committee and to transmit copies of any decision taken for the readjustment of the national minimum wage. The Committee also requests the Government to indicate whether general administrative instructions No. B/1/645 of 4 September 1974 and instructions No. ID/2/3824 of 28 August 1976, which regulated the operation of the tripartite committees, enumerating in particular the specific criteria to be taken into account when recommending minimum wage rates, are still in force. If not, the Committee requests the Government to indicate precisely how it is ensured that the minimum wage rates are adequate to cover the basic needs of workers and their families, and reflect economic factors such as the requirements of economic development, productivity and the need for attaining and maintaining a high level of employment.

The Committee also notes Agricultural Relations Act No. 56 of 2004, in particular section 29, which provides for the establishment of committees in the different provinces responsible for making recommendations on minimum wage rates to be forwarded to the authorities of the governorate for any observations, before being submitted to the Ministry of Labour that determines the amount of the minimum wage. The Committee requests the Government to provide information on the functioning of these committees, data on the minimum wage rates applicable to agricultural workers in the various provinces, as well as clarifications on the criteria taken into account when fixing these rates.

Furthermore, the Committee notes that section 5 of Act No. 17/2010 excludes from its scope of application, apart from civil servants and agricultural workers who are subject to a special regime, the members of the employer’s family supported by him/her, domestic workers, employees of charity organizations, casual workers and part-time workers who work for no more than two hours per day. With regard to domestic workers, it recalls that an Act of 2000 had extended to these workers the application of section 159 of the Labour Code of 1959 concerning minimum wage fixing. The Committee notes, however, that no similar provision is contained in Act No. 17/2010. It also understands that the Government adopted in 2010 an Act aimed at strengthening the rights of domestic workers. The Committee recalls its previous comment concerning the allegations included in a report of the International Organization for Migration, on the poor working conditions for a large number of foreign domestic workers, especially wages lower than those initially agreed. The Committee requests the Government to transmit a copy of the Act of 2010 on domestic workers, if adopted, and to provide further information on the minimum wage rates currently applicable to domestic workers as well as to transmit copies of any relevant text in this regard. Given the particular vulnerability of migrant domestic workers, the Government is also requested to provide detailed information on the measures taken to ensure their protection, including those concerning their working conditions and in particular their remuneration. In addition, the Government is requested to indicate any measures taken or envisaged to establish a minimum wage for other categories of workers which are excluded from the scope of application of Act No. 17/2010 by virtue of section 5.

Article 5. Enforcement measures. Further to its previous comment, the Committee notes that Act No. 17/2010 has increased the amount of fines imposed in cases of breach of its provisions, including the provisions related to minimum wages. It notes, however, that no provision of the new Labour Act seems to guarantee the right of workers to recover amounts owed to them in the event of infringement of the minimum wage legislation. The Committee hopes that the Government will 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 keep the Office informed of any decision taken in this regard.

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

Articles 1, 3 and 4 of the Convention. Minimum wage fixing machinery. The Committee notes the adoption of Labour Act No. 17/2010 of 12 April 2010, repealing the Labour Code of 1959, on which the Committee had previously been commenting. It notes that sections 69 and 70 of Act No. 17/2010 provide for the establishment of a National Tripartite Committee responsible for setting the general minimum wage for workers covered by this Act. It also notes sections 71 and 72 of Act No. 17/2010, concerning the tripartite committees responsible for making recommendations, as was the case under the previous Labour Code, on minimum wage rates by occupation in different provinces. The Committee requests the Government to provide further details on the functioning of the National Tripartite Committee and to transmit copies of any decision taken for the readjustment of the national minimum wage. The Committee also requests the Government to indicate whether general administrative instructions No. B/1/645 of 4 September 1974 and instructions No. ID/2/3824 of 28 August 1976, which regulated the operation of the tripartite committees, enumerating in particular the specific criteria to be taken into account when recommending minimum wage rates, are still in force. If not, the Committee requests the Government to indicate precisely how it is ensured that the minimum wage rates are adequate to cover the basic needs of workers and their families, and reflect economic factors such as the requirements of economic development, productivity and the need for attaining and maintaining a high level of employment.

The Committee also notes Agricultural Relations Act No. 56 of 2004, in particular section 29, which provides for the establishment of committees in the different provinces responsible for making recommendations on minimum wage rates to be forwarded to the authorities of the governorate for any observations, before being submitted to the Ministry of Labour that determines the amount of the minimum wage. The Committee requests the Government to provide information on the functioning of these committees, data on the minimum wage rates applicable to agricultural workers in the various provinces, as well as clarifications on the criteria taken into account when fixing these rates.

Furthermore, the Committee notes that section 5 of Act No. 17/2010 excludes from its scope of application, apart from civil servants and agricultural workers who are subject to a special regime, the members of the employer’s family supported by him/her, domestic workers, employees of charity organizations, casual workers and part-time workers who work for no more than two hours per day. With regard to domestic workers, it recalls that an Act of 2000 had extended to these workers the application of section 159 of the Labour Code of 1959 concerning minimum wage fixing. The Committee notes, however, that no similar provision is contained in Act No. 17/2010. It also understands that the Government adopted in 2010 an Act aimed at strengthening the rights of domestic workers. The Committee recalls its previous comment concerning the allegations included in a report of the International Organization for Migration, on the poor working conditions for a large number of foreign domestic workers, especially wages lower than those initially agreed. The Committee requests the Government to transmit a copy of the Act of 2010 on domestic workers, if adopted, and to provide further information on the minimum wage rates currently applicable to domestic workers as well as to transmit copies of any relevant text in this regard. Given the particular vulnerability of migrant domestic workers, the Government is also requested to provide detailed information on the measures taken to ensure their protection, including those concerning their working conditions and in particular their remuneration. In addition, the Government is requested to indicate any measures taken or envisaged to establish a minimum wage for other categories of workers which are excluded from the scope of application of Act No. 17/2010 by virtue of section 5.

Article 5. Enforcement measures. Further to its previous comment, the Committee notes that Act No. 17/2010 has increased the amount of fines imposed in cases of breach of its provisions, including the provisions related to minimum wages. It notes, however, that no provision of the new Labour Act seems to guarantee the right of workers to recover amounts owed to them in the event of infringement of the minimum wage legislation. The Committee hopes that the Government will 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 keep the Office informed of any decision taken in this regard.

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

The Committee notes the Government’s report and the information it contains. It notes in particular Order No. 1063 of 21 May 2006 establishing a general minimum wage of 4,805 Syrian pounds (approximately 70 euros) for all private sector workers in all the governorates. The Committee also notes Order No. 1759 of 27 September 2006 and Order No. 2333 of 26 December 2006 establishing the minimum wages of the various categories of employees in the restaurant and hotel sectors, respectively.

The Committee also notes with interest Act No. 24 of 10 December 2000 amending, inter alia, section 159 of the Labour Code on the setting of minimum wages, which now applies to domestic workers, who remain excluded from the general scope of application of the Code by virtue of section 5. It requests the Government to indicate whether a committee has been set up pursuant to section 156 of the Labour Code in order to establish a minimum wage for domestic workers, or whether Order No. 1063 of 21 May 2006 applies to these workers.

The Committee also notes that, since the adoption of Act No. 234 of 2001, the hiring of foreign domestic workers is authorized. It notes that, according to the Government’s report, section 16 of Order No. 81 of 21 November 2006 lists the specifications that must appear in the employment contract of these workers and the employers’ obligations, including the requirement to pay domestic workers their monthly wages at the end of each month. The Committee notes a study carried out by the International Organization for Migration (IOM) on foreign domestic workers in the Syrian Arab Republic, published in August 2003, which estimates that there are between 10,000 and 15,000 such workers and that they come essentially from Indonesia, the Philippines and Ethiopia. It also notes that the General Federation of Trade Unions of the Syrian Arab Republic estimates that there are approximately 60,000 such workers. Although in its report the Government states that breaches of the provisions on minimum wages are very rare, the Committee notes that, according to the abovementioned IOM study, work contracts signed by foreign domestic workers in their countries of origin are often changed or cancelled on entry to the Syrian Arab Republic, and the workers have to sign new contracts with less favourable working conditions, including lower wages. The Committee requests the Government to respond to this allegation and to provide information on the measures taken to ensure that the legislation on minimum wages is observed in practice in respect of this particularly vulnerable category of workers.

The Committee notes in this connection that, in its report, the Government refers to section 228 of the Labour Code which penalizes infringement of any provisions promulgated by Order which apply section 159 (fixing of minimum wages) with a fine ranging from 50 to 500 Syrian pounds (approximately 0.75 to 7.5 euros), the fine being multiplied in accordance with the number of workers affected by the infringement. Furthermore, the court may require the offender to pay the difference in wages due. The Committee requests the Government to indicate whether it plans to increase the amounts of the fines set in section 228 of the Labour Code which were established nearly 50 years ago.

The Committee further notes that this section of the Labour Code allows, but does not require, the court to order the employer to pay the worker concerned the difference between the minimum wage and the wage actually paid. The Committee draws the Government’s attention in this connection to its General Survey of 1992 on minimum wages in which it pointed out (paragraph 382) that “the guarantee of payment of minimum wages to workers requires the establishment not only of sanctions or supervisory machinery but also of procedural mechanisms enabling the worker to recover sums due in respect of the minimum wage”. The Minimum Wage Fixing Recommendation, 1970 (No. 135), in its paragraph 14(d), emphasizes that workers should be given appropriate means to exercise effectively their rights under minimum wage provisions, including the right to recover amounts by which they may have been underpaid. This right is also established in Article 10, paragraph 4, of the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), which the Syrian Arab Republic has also ratified. The Committee hopes that the Government will take steps without delay to have section 228 of the Labour Code amended in order to establish the right of workers to recover amounts due to them in the event of breach of the minimum wage provisions.

The Committee also notes the data communicated in the Government’s report under Convention No. 95, regarding breaches of the Labour Code reported in 2003 by the labour inspection services. It notes in this connection that the only offences recorded concern the application of section 43 of the Labour Code on the establishment of written contracts and that section 159 of the Code is 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 inspections carried out per year, the manner in which compliance with the minimum wage provisions is supervised, and the penalties imposed in the event of breach of these rules.

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

The Committee notes the information provided in the Government’s reports in reply to its previous comments.

Article 1 of the Convention. The Committee notes that according to the Government’s explanations concerning the fixing of minimum wages for workers in the home working trades, domestic servants remain excluded from the application of the Labour Code whereas home workers are fully covered by its minimum wage-fixing provisions. The Committee would be glad if the Government would indicate in future reports any decisions or measures which may be taken with a view to prescribing minimum wage rates for domestic workers, or persons treated as such, who are currently excluded from the scope of the general labour legislation. In this connection, the Committee refers again to its general observation of 1985 concerning Convention No. 26 in which it had expressed the hope that governments would make every effort to extend the protection afforded by a system of minimum wages to workers in the home working trades in view of the particular vulnerability of those workers. The Committee also recalls paragraphs 79 and 86 of its General Survey of 1992 on minimum wages in which it expressed the view that since minimum wages constitute one of the more important elements which contribute to an improvement of the working and living conditions of workers, ratifying States should take the necessary measures to broaden the coverage of their minimum wage-fixing systems and thereby offer workers more adequate protection.

Article 5 and Part V of the report form. The Committee notes the information concerning the minimum monthly wage rates for unskilled workers by district as last fixed in 1997. It also notes that there are at present 220 occupations for which minimum wage orders have been promulgated. It would appreciate receiving copies of any of those orders which have not been previously communicated to the Office. Furthermore, the Committee requests the Government to continue to supply all available information regarding the application of the Convention in practice, including for instance statistics on the number and different categories of workers covered by relevant legislation, extracts from inspection reports showing the number of infringements and sanctions imposed, texts of judicial decisions dealing with questions of principle relating to the application of the Convention as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the detailed information provided in the Government's report in reply to previous comments. It notes the Government's indication that, although the national legislation has excluded domestic workers from the scope of the Labour Code, the Government will examine the possibility of covering domestic workers by the Code until the legislation concerning the minimum wage for this category of workers is enacted. The Committee requests the Government to keep providing information on any development in this respect.

With reference to its previous comments, the Committee hopes that the Government will indicate in its next report any measures taken or envisaged to ensure application of the minimum wages fixed under the Labour Code to the homeworkers, and in particular to those who work under the employer's authority or supervision, and who are thus covered by the Code under section 2. In this respect, the Committee wishes to recall paragraph 87 of its 1992 General Survey on minimum wages, in which it recognized the practical difficulties involved in fixing minimum wages for some or all of homeworkers, but hoped, in view of the particular difficulties involved in implementation, that governments would make every effort to extend to these workers the protection afforded by a system of minimum wages.

Finally, the Committee notes the detailed information provided by the Government concerning the application of the Convention in practice. It requests the Government to continue to provide such information, in accordance with Article 2, paragraph 1, of the Convention, in conjunction with Article 5 and point V of the report form, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum-wage provisions, the penalties imposed, etc.).

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

1. The Committee notes the information supplied by the Government concerning the development towards the amendment of the Labour Code. It notes however that the proposed modifications do not relate to the scope of the Code (in particular, of the minimum wage order under its section 159), from which domestic servants are excluded under section 5. The Committee requests the Government to supply information concerning the fixing of minimum wages of domestic servants.

2. In the absence of the Government's reply, the Committee again requests it to indicate any measures taken or envisaged to ensure application of the minimum wages fixed under the Labour Code to the homeworkers, and in particular to those who work under the employer's authority or supervision, and who are thus covered by the Code under section 2. The Committee asks the Government to refer in this regard to paragraphs 79 and 87 of the General Survey on Minimum Wages of 1992 (International Labour Conference, 79th Session, Report IV (Part 4B)).

3. As to the application in practice of the Convention, the Committee requests the Government to provide information on the minimum wages that have been fixed or adjusted recently (Article 4, paragraph 1 of the Convention), as well as on the application of the minimum wages (Article 5 and point V of the report form), including, for example, extracts from the reports of the inspection services.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its previous comments, the Committee notes the Government's reference to a draft Act to amend certain provisions of the Labour Code. It notes the sections of the Code to be repealed or modified do not include section 2, which defines the term "worker" in relation to the employer's authority or supervision, or section 5, which excludes domestic servants from the scope of the Code.

The Committee requests the Government to indicate any measures taken or envisaged to ensure the application of the system of minimum wages under the Labour Code to the homeworkers who work under the employer's authority or supervision. It also requests the Government to state whether there exists any other system of minimum wage fixing for the homeworkers who work independently from the employer's authority or supervision, and for domestic servants. If it is not the case, the Committee would be grateful if the Government would indicate reasons for not covering them in accordance with Article 1, paragraph 3, of the Convention. It also asks the Government to continue supplying information on the development towards the amendment of the Labour Code, in so far as it concerns the minimum wage fixing for any group of workers.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its last report on its general observation of 1985 concerning Convention No. 26 as it applies to workers in the home-working trades and domestic staff.

The Committee requests the Government to supply information concerning the fixing of the minimum wages of workers in the home-working trades (including the numbers of such workers) and of domestic staff who are excluded from the scope of the Labour Code.