Sources of regulation
The sources of labour legislation in the Syrian Arab Republic
are Act No. 91 of 5 April 1959 promulgating the Labour Code (LC), and Legislative
Decree No. 49, respecting the dismissal of individual workers, of 3 July
1962.[1]
Scope of legislation
The LC applies to relations between employers and workers.
The terms “employer”, “worker” and “wage” are defined in secs. 1, 2
and 3.
The general provisions of the LC specify the persons to
whom the Code does not apply; that is, workers employed by the Government
or by public establishments and administrative units having independent
legal personality, as well as domestic servants and similar workers.
Contracts of employment
Through a contract of employment, a worker undertakes to
work under the direction or supervision of an employer in return for a
wage (sec. 42, LC).
The contract shall be made in writing, in Arabic and in
duplicate, with a copy for each party (sec. 43, LC). The period of probation
shall be fixed in the contract, but it may not exceed three months, nor
can it be renewed by the same employer (sec. 44, LC).
A contract of employment may be made for a definite or
indefinite period. If it has been concluded for a definite period and both
parties continue to abide by it after the date of its expiry, it shall
be deemed to be renewed for an indefinite period (sec. 71, LC).
Termination of employment
The contract of employment can terminate, not at the initiative
of the employer, in certain circumstances, such as by expiry of a fixed-term
contract.
Dismissal
No employer may terminate a contract without notice or
compensation for damages, unless the worker (sec. 76, LC):
- has
assumed a false identity or submitted false certificates or recommendations;
- has
been engaged on probation;
- is
guilty of any act which causes serious material damage to the employer,
provided that the latter has reported the matter to the competent authorities
within 24 hours of its coming to his or her knowledge;
- has,
in spite of written warning, failed to observe the written instructions
issued for the safety of the workers and the establishment;
- has
absented himself or herself without a valid reason for more than 20 days
in any one year, or for more than ten consecutive days, provided that
the dismissal is preceded by a written warning after ten days’ absence
in the
former case and after five days’ absence in the latter;
- does
not discharge his or her essential duties under the contract;
- has
revealed secrets of the establishment in which he or she is employed;
- has
been sentenced by a final decision for a crime or for a misdemeanour
involving dishonour, dishonesty or immorality;
- has
been found during working hours in a state of drunkenness or under the
influence of drugs; or
- has
assaulted his or her employer or the manager in charge or has seriously
assaulted any of his or her superiors during, or in connection with his
or her work.
Notice and prior procedural safeguards
The notice period shall be 30 days in the case of workers
paid by the month and 15 days in the case of all other workers (sec.
72, of the LC).
All applications for authorization to dismiss staff shall
be submitted to the Directorate of Social Affairs and Labour for the mohafazat (region)
one month before the proposed date of dismissal. The application shall
indicate the name of the worker(s) the employer wishes to dismiss, the
actual wages of the worker(s), the work being performed and the grounds
for dismissal. The Directorate of Social Affairs and Labour shall intervene
on the administrative level between the employer and the worker in order
to reach an amicable settlement. If no settlement can be reached, the Directorate
shall forward the application within a week to the Dismissals Board for
the mohafazat (sec. 5(1) and (2), Legislative Decree No.
49 of 3 July 1962).
Severance pay
Where a contract made for a definite period expires or
where a contract made for an indefinite period is terminated by the employer,
he or she shall pay the worker a severance allowance which is to be calculated
on the basis of a half month’s pay in respect of each of the first five
years of service, and one month’s pay in respect of every additional year.
Compensation shall be calculated on the basis of the worker’s most recent
wage rate (sec. 73 of the LC).
Avenues for redress
A worker who believes that his or her dismissal is unjustified
may apply for an injunction or stay of execution of the dismissal by submitting
his or her application to the Directorate of Social Affairs and Labour,
not later than ten days following the date of his or her dismissal by the
employer. The Directorate shall follow the procedure described in section
6 above (sec. 6, Legislative Decree No. 49 of 3 July 1962).
An appeal may be brought against decisions of the Dismissals
Board to the Court of Civil Appeal of the mohafazat not later than
the fifth day following the date on which notice of the decision is conveyed
to the parties concerned. The judgement given by the Court shall be final
(sec. 16, Legislative Decree No. 49 of 3 July 1962).
An employer who proceeds to dismiss a worker notwithstanding
a decision of the Board rejecting his or her application, or dismisses
a worker without submitting the case to the competent board, shall be bound
to pay the minimum wage applying to his or her worker or 80 per cent of
the dismissed worker’s pay, whichever is higher (sec. 13, Legislative
Decree No. 127 of 9 June 1970).
Further information
[1] Legislative Decree No. 127 of 9 June
1970 amends certain sections of Legislative Decree No. 49.
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