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Syrian Arab Republic - Maternity protection - 2011


LAST UPDATE

November the 1st 2011

Data quantity

NORMAL

SOURCES


Name of Act

Name of Act

Constitution of the Syrian Arab Republic.
Journal Officiel, 1973-03-13

Name of Act

Decree no 1663 on female employment on production jobs.
It establishes certain prohibitions on female work and female pregnant work.

Name of Act

Ministry of Social Affairs and Labour Decree No. 980 concerning Women’s Rights at Work and Working Hours in the Agriculture Sector.
Al Jarida Al Rasmiyya, Syria , 2006-06-14, Vol. 1, No. 23, p. 1344 (INFORM - P60790)

Limits working hours for women and restricts night work (from 9 pm to 5 am). Exceptions are given in emergency situations.

Name of Act

Ministerial Regulation No. 1663.
Unofficial translation, 4 p. (DOC.NORMES)

Regulates employment of women. Sets forth list of occupations for which women shall not be employed. Also regulates employment of pregnant women. Prohibits night work of women, and provides for some exceptions to this rule. Also establishes that, apart from activities mentioned in this regulation, female workers are subject to same provisions as male workers.

Name of Act

Order No. 666, to amend Order No. 618 of 16 Nov. 1960 to prescribe the cases, types of work in which women may be employed between 8 p.m. and 7 a.m. [from 5 a.m. to 9 p.m. when there are two shifts].
Al-Jarida al-Rasmiya, 1976-08-25 (INFORM)
Recueil des Lois et de la Législation Financière de la République Arabe Syrienne., 1976-08 (INFORM)

Name of Act

Legislative Decree No. 35.
Al Jarida Al Rasmiyya, 2002-05-22, No.21, p. 1286 (INFORM - P60790)

Decree amending article 54 of the Public Service Law No. 1 of 1985 and providing for full salary maternity leave for 120 days for the first child, 90 days for the second and 75 days for the third only. A nursing mother shall be entitled to a one hour nursing period per day until her baby reaches the age of one year.
Date of entry into force: 2002-05-13

Name of Act

Basic Law on State Employees No. 50/2004
Al Jarida Al Rasmiyah, Syria, 2004-12-15, Vol. 1, No. 50 Bis, pp. 2961-3024 (INFORM - P60790)

Other source used

MATERNITY LEAVE


Scope

The Labour Code applies to labour relations in the private sector, Arab and foreign union companies, cooperative sector, and the mixed sector that is not covered by the Civil Servants Basic Law.

Save as otherwise provided under the Labour Code:
a. The provisions of this Law shall not apply to:
1. Workers subject to the Civil Servants Basic Law No 50/2004 and amendments thereof.
2. Workers subject to the Agricultural Relations Law
3. Family Members of the employers actually supported by the employer
4. Domestic servants and similar categories.
5. Workers in Charity associations and organizations.
6. Casual workers.
7. Part-time workers whose hours of work do not exceed two hours per day.
Labour Law (No. 17 of 2010). §4,5

Qualifying conditions

Six consecutive months of service for the same employer.
Duly authenticated medical certificate.
Labour Law (No. 17 of 2010). §121 a and d.

Duration

120 days for the first childbirth
90 days for the second childbirth
75 days for the third childbirth

Additional maternity leave of one month without pay may be granted to female workers upon request.

It is not provided extension in case of multiple births.
Labour Law (No. 17 of 2010). §121 a and e.

Compulsory leave

There is not compulsory leave.
Labour Law (No. 17 of 2010). §119-127

General total duration

(No reliable information.)
Historical data (year indicates year of data collection)
  • 2009: (No reliable information.)
  • 2004: Fifty days
  • 1998: Seventy-five days
  • 1994: Fifty days

Leave in case of illness or complications

Not provided
Labour Law (No. 17 of 2010).

RELATED TYPES OF LEAVE


Parental leave

Female workers may request leave without pay for no more than one year to look after their child, while reserving the right to return to work upon completion of such leave. This right shall be forfeited whenever they work for another employer during such period. Female workers shall be entitled to leave without pay, maximum three times throughout their employment.

The female worker who takes such leave for the first time shall pay the contributions payable to the General Corporation of Social Security. As regard other leaves, she shall pay the General Corporation of Social Security any and all social security contributions payable by her and by the employer.
Labour Law (No. 17 of 2010). §124a

Scope

Please take a look at the scope of maternity leave.
Labour Law (No. 17 of 2010). §4,5

Qualifying conditions

The employer shall employ more than fifteen workers.
Labour Law (No. 17 of 2010).

Paternity leave

There are not express legal provisions on paternity leave in the Labour Code. Nevertheless, all workers may interrupt work for no more than six days a year and maximum two days at a time for urgent and valid reasons.

The emergency leave shall be deducted from the annual leave prescribed for workers.
Workers who have exhausted their annual leave may take emergency leave without pay.

Public servants under the Basic Law on State Employees No. 50/2004 enjoy paternity leave which extension and conditions could not be known.
Labour Law (No. 17 of 2010). §165
Basic Law on State Employees No. 50/2004
Al Jarida Al Rasmiyah, Syria, 2004-12-15, Vol. 1, No. 50 Bis, pp. 2961-3024 (INFORM - P60790) title II

Adoption leave

Not provided
Labour Law (No. 17 of 2010).

RIGHT TO PART-TIME WORK


General provisions

Not provided
Labour Law (No. 17 of 2010).

CASH BENEFITS


Maternity leave benefits


Scope

Considering that maternity cash benefits are still in the head of employer’s, please take a look at the scope of maternity leave which applies also for the scope of maternity cash benefits
Labour Law (No. 17 of 2010).

Qualifying conditions

Six consecutive months of service for the same employer.
Duly authenticated medical certificate.
Labour Law (No. 17 of 2010). §121

Duration

120 days for the first childbirth
90 days for the second childbirth
75 days for the third childbirth

It is not provided any increment in case of multiple births.
Labour Law (No. 17 of 2010). §121

Amount

100% of wages
Labour Law (No. 17 of 2010).
Historical data (year indicates year of data collection)
  • 2009: (No reliable information.)
  • 2004: Seventy percent
  • 1998: Seventy percent
  • 1994: Seventy percent

Financing of benefits

Employer’s liability.
Labour Law (No. 17 of 2010).
Historical data (year indicates year of data collection)
  • 2009: (No reliable information.)
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Alternative provisions

PAID NURSING BREAKS

During 24 months following confinement, nursing female workers shall be entitled, in addition to the prescribed breaks, to two daily nursing breaks of no less than half an hour each, which may be combined together.
These breaks shall be considered part of the working hours and shall not entail any wage reduction.
Labour Law (No. 17 of 2010). §123

Parental leave benefits

There is not an express legal provision called Parental Leave, Nevertheless, female workers in firms employing more than fifteen workers may request unpaid leave for no more than one year to look after their child, while reserving the right to return to work upon completion of such leave. This right shall be forfeited whenever they work for another employer during such period. Female workers shall be entitled to leave without pay, maximum three times throughout their employment.

The female worker who takes such leave for the first time shall pay the contributions payable to the General Corporation of Social Security. As regard other leaves, she shall pay the General Corporation of Social Security any and all social security contributions payable by her and by the employer.
Labour Law (No. 17 of 2010). §124

Paternity leave benefits

There is not express legal provision called paternity leave. Nevertheless, all workers may interrupt work for no more than six days a year and maximum two days at a time for urgent and valid reasons.

The emergency leave shall be deducted from the annual leave prescribed for workers.
Workers who have exhausted their annual leave may take emergency leave without pay.

Public servants under the Basic Law on State Employees No. 50/2004 enjoy paternity leave which extension and conditions could not be known.
Labour Law (No. 17 of 2010).

Adoption leave benefits

Not provided
Labour Law (No. 17 of 2010).

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Medical benefits are not expressly included as female worker’s rights.
It was not possible to have access to norms on Social Security in order to establish the extent of medical benefits.
The Syrian People’s Assembly

Financing of benefits

It was not possible to have access to the norms on Social Security to confirm that the Social security System is financed through contributions of both employers and employees.

HEALTH PROTECTION


Arrangement of working time

Not provided.
Labour Law (No. 17 of 2010).

Night work

The Minister shall determine, by Ministerial Decision, such activities, instances and circumstances where women shall be allowed to perform night work, as well as harmful, immoral and other activities prohibited to women.

Under the previous Ministerial Regulation No.1663 female night work is prohibited.

Another norm on Agriculture, limits working hours for women and restricts night work (from 9 pm to 5 am). Exceptions are given in emergency situations.
Labour Law (No. 17 of 2010). §120
Ministerial Regulation No. 1663.
Unofficial translation, 4 p. (DOC.NORMES)

Regulates employment of women. Sets forth list of occupations for which women shall not be employed. Also regulates employment of pregnant women. Prohibits night work of women, and provides for some exceptions to this rule. Also establishes that, apart from activities mentioned in this regulation, female workers are subject to same provisions as male workers.
Ministry of Social Affairs and Labour Decree No. 980 concerning Women’s Rights at Work and Working Hours in the Agriculture Sector.
Al Jarida Al Rasmiyya, Syria , 2006-06-14, Vol. 1, No. 23, p. 1344 (INFORM - P60790)

Limits working hours for women and restricts night work (from 9 pm to 5 am). Exceptions are given in emergency situations.

Overtime

Not prohibited for women or pregnant workers.
Juveniles shall not work more than six hours per day.
Labour Law (No. 17 of 2010). §114

Work on rest days

Not provided especially for pregnant workers.
Effective hours of work shall not exceed eight hours per day or forty hours per week, exclusive of meal and rest breaks.
In certain cases hours of work may be increased to nine hours per day for some categories of industries and activities.
Labour Law (No. 17 of 2010). §106,107

Time off for medical examinations

Not provided.
Labour Law (No. 17 of 2010).

Leave in case of sickness of the child

Not provided.
Labour Law (No. 17 of 2010).

Other work arrangements

NURSING BREAKS

During 24 months following confinement, nursing female workers shall be entitled, in addition to the prescribed breaks, to two additional daily nursing breaks of no less than half an hour each, which may be combined together. Nursing breaks shall be considered part of the working hours and shall not entail any wage reduction.

NURSING FACILITIES
The law does not mentions nursing facilities but a day-care centre to look after their children. This duty applies only to employers employing one hundred or more female workers in one single location.Otherwise, employers who employ no less than twenty married female workers shall allocate an appropriate space under the care of a qualified nurse to look after children of female workers under five, provided there are minimum ten children under five.
Labour Law (No. 17 of 2010). §123,127

Dangerous or unhealthy work


General

List of occupations for which women shall not be employed. These include work in mines, work with exposure to furnaces for production of metal, fabrication of explosives, fabrication of power generators, work involving exposure to lead, fabrication of concrete, and work in slaughter houses. Women may, however, perform administrative work related to such activities. Also regulates employment of pregnant women. Establishes prohibition to employ women for work involving lifting or moving of heavy objects. Prohibits night work of women, and provides for some exceptions to this rule. Also establishes that, apart from activities mentioned in this regulation, female workers are subject to same provisions as male workers.
Ministerial Regulation No. 1663.
Unofficial translation, 4 p. (DOC.NORMES)

Regulates employment of women. Sets forth list of occupations for which women shall not be employed. Also regulates employment of pregnant women. Prohibits night work of women, and provides for some exceptions to this rule. Also establishes that, apart from activities mentioned in this regulation, female workers are subject to same provisions as male workers.

Risk assessment

Not especially provided for pregnant workers, but there is a Chapter on Occupational Safety and Health that includes as part of the National Commission for Occupational Safety and Health duties, the risk assessment at the workplace.
Labour Law (No. 17 of 2010).

» Assessment of workplace risks

General provisions for all workers on risks assessment.
Labour Law (No. 17 of 2010).

» Adaptation of conditions of work

Not provided
Labour Law (No. 17 of 2010).

» Transfer to another post

Not provided
Labour Law (No. 17 of 2010).

» Paid/unpaid leave

Not provided.
Labour Law (No. 17 of 2010).

» Right to return

There is right to return for women to enjoy leave to look after the child for less than a year, this right is not provided in case of sickness during pregnancy.
Labour Law (No. 17 of 2010).

Particular risks

Prohibition to employ women for work involving lifting or moving of heavy objects.
Ministerial Regulation No. 1663.
Unofficial translation, 4 p. (DOC.NORMES)

Regulates employment of women. Sets forth list of occupations for which women shall not be employed. Also regulates employment of pregnant women. Prohibits night work of women, and provides for some exceptions to this rule. Also establishes that, apart from activities mentioned in this regulation, female workers are subject to same provisions as male workers.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Without prejudice to the provisions on maternity leave, any and all provisions governing the employment of workers shall apply to female workers, without discrimination, in case of equal work.
Labour Law (No. 17 of 2010).

Prohibition of pregnancy testing

Not provided
Labour Law (No. 17 of 2010).

Protection from discriminatory dismissal

No employer may dismiss a female worker or terminate her contract while on maternity leave.
Labour Law (No. 17 of 2010). §122

Burden of proof

Not provided
Labour Law (No. 17 of 2010).

Guaranteed right to return to work

Female workers that enjoy special leave without pay for no more than one year to look after the child, have the right to return to work upon completion of such leave.
Labour Law (No. 17 of 2010). §124 a

Results generated on: 01st November 2014 at 15:02:46.
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