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Syrian Arab Republic
 


Source and scope of regulations - 2013    

References
  • Labour Law [LL], No. 17/2010 of 29 March 2010
    Date: 12 Apr 2010 (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants; agricultural workers; domestic workers; employer's family members

Types of employment contracts - 2013    

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Maximum probationary (trial) period: 3 month(s)

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: 5 year(s)

Substantive requirements for dismissals (justified and prohibited grounds) - 2013    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none

Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; race; colour; sex; religion; political opinion; nationality/national origin; trade union membership and activities; ethnic origin

Workers enjoying special protection: pregnant women and/or women on maternity leave

Procedural requirements for individual dismissals - 2013    

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Notification to the worker to be dismissed: written

Notice period:
    • tenure ≥ 6 months
      • 2 month(s).
    • tenure ≥ 9 months
      • 2 month(s).
    • tenure ≥ 2 years
      • 2 month(s).
    • tenure ≥ 4 years
      • 2 month(s).
    • tenure ≥ 5 years
      • 2 month(s).
    • tenure ≥ 10 years
      • 2 month(s).
    • tenure ≥ 20 years
      • 2 month(s).

    Pay in lieu of notice: Yes

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2013    

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    Definition of collective dismissal (number of employees concerned):
    The LL does not define collective dismissal but prescribed procedural requirements to be observed in the event of "total or partial shutdown or downsizing of firms".

    Prior consultations with trade unions (workers' representatives): Yes

    Notification to the public administration: Yes

    Notification to workers' representatives: Yes

    Approval by public administration or judicial bodies: Yes

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): Yes

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

    Priority rules for re-employment: No

    Severance pay and redundancy payment - 2013    

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    Severance pay:
    • tenure ≥ 6 months: 0 week(s)
    • tenure ≥ 9 months: 0 week(s)
    • tenure ≥ 1 year: 1 month(s)
    • tenure ≥ 2 years: 2 month(s)
    • tenure ≥ 4 years: 4 month(s)
    • tenure ≥ 5 years: 5 month(s)
    • tenure ≥ 10 years: 10 month(s)
    • tenure ≥ 20 years: 20 month(s)
    Redundancy payment:
    • tenure ≥ 6 months: 0 month(s)
    • tenure ≥ 9 months: 0 month(s)
    • tenure ≥ 1 year: 1 month(s)
    • tenure ≥ 2 years: 2 month(s)
    • tenure ≥ 4 years: 4 month(s)
    • tenure ≥ 5 years: 5 month(s)
    • tenure ≥ 10 years: 6 month(s)
    • tenure ≥ 20 years: 6 month(s)

    Notes / Remarks
    No general statutory right to severance pay in the of termination of employment with notice by the employer.
    Severance pay is only due in limited instances listed in the LL.

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2013    

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    Compensation for unfair dismissal - free determination by court: No

    Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
    1) Dismissal based on prohibited reasons:
    If the court deems that reinstatement is impossible, unpractical or inappropriate, it shall order compensation equal to 2 months' wages for each year in service, provided that the total amount does not exceed 200 times the minimum wage.

    2) Unfair disciplinary dismissal:
    When the employer fails to prove that the worker committed any of the acts entailing summary dismissal referred to in art. 64, the worker is entitled to compensation equal to 2 months' wages for each year of service, provided that the total amount does not exceed 150 times the minimum wage.

    Reinstatement available: Yes

    Preliminary mandatory conciliation: No

    Competent court(s) / tribunal(s): labour court

    Existing arbitration: Yes

    Notes / Remarks
    In June 2013, the minimum wage in Syria is around SYP 9765 (around 152 USD) [Source: Doing Business - World Bank]

    Source of additional information - 2013    

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    Links

    ILO termination of employment legislation digest - Syrian Arab Republic (last updated in 2000) »
    This country profile reflects the provisions of the former Labour Law.