Syrian Arab Republic - Minimum Wages - 2011

19 June 2012

Labour Law (No. 17 of 2010) which derogates Law No. 91 of 1959 Al-jarida al-rasmiya of 7 April 1959.

The website of the State-run Syrian news agency SANA, which informs about Legislative Decree No. 44 for 30/3/2011, which amends the first article of Legislative Decree No. 40 for 24/3/2011 on increasing monthly salaries and wages and adding an article for Syrian workers in Syrian embassies and delegations abroad.

"Worker" means every natural person who works for an employer, under the employer’s authority and supervision, in return for any kind of wage.

"Employer" means every natural or legal person employing one or several workers in return for any kind of wage whatsoever.

"Wage" means any cash or in-kind remuneration given to workers in return for their work, in addition to any and all allowances awarded to workers under individual employment contracts, collective labour agreements or basic labour regulations, on daily, weekly, monthly, seasonal or yearly basis.
Wages shall not include travel allowances and daily expenses incurred by workers in the course of work.

"Minimum wage" means the minimum earnings that every worker is entitled according to his occupation or trade.

A Committee shall be constituted by ministerial decision in each competent directorate in order to recommend minimum wages for the occupations governed by the Labour Law. Such committees shall be composed of: a delegate of the Ministry of Social Affairs and Labour(chairman), a delegate of the Ministry of Industry, the Ministry of Economy and Trade, the Ministry of Tourism or the Ministry of Housing and Construction, as the case may be, a delegate of employers, who shall be appointed by the Chamber of Tourism, Commerce or Industry or the Contractors Association in the governorate, as the case may be, a delegate of the governorate’s trade union, who shall be appointed by the GFTU, the head of the Contractors Association branch in the governorate, a delegate of the professional trade union involved, who shall be appointed by the said trade union, a legal expert and an economic expert appointed by the Ministry (observer members) and the head of the labour department in the competent directorate (rapporteur).
Decisions shall be adopted by the majority votes of members present. In case of at tie vote, the chairman shall have a casting vote.
The recommendations of every Committee shall be submitted to the Minister who shall determine, by ministerial decision, the minimum wage for any given occupation within its jurisdiction.

The National Comittee shall determine and review the general minimum wage of workers covered by the Labour Law.

The National Comittee shall be constituted by decision, and under the chairmanship of the Prime Minister.
This Committe shall comprise The Minister of Social Affairs and Labour, The Minister of Finance, The Minister of Economy and Trade, The President of the General Federation of Trade Unions, The President of the Federation of Chambers of Commerce, The President of the Federation of Chambers of Tourism, The President of the Federation of Chambers of Industry, The President of the Contractors Association and The President of the Federation of Handicraft Associations.
Decisions are adopted by absolute majority and in case of a tie vote, the chairman shall have a casting vote.

Wages might also be fixed under collective agreements provided that the worker shall be entitled to the minimum wage payable for his occupation or trade.

Yes - The Committee shall, while discharging its duties, consider the economic crises, the devaluation and drop of exchange rates, the purchasing power, the general price index and other economic
changes.

When fixing the minimum wage, the committee under the competent directorate shall consider the following:
a- The general minimum wage.
b- The qualifications and experience required for work performance.
c- The importance of work in developing production.
d- The circumstances and location of work.
e- The general wage index in the governorate.

All workers included under the scope of the Labour Law are covered by the general minimum wage. In addition, other rates might be fixed by ministerial decision for any given occupation.

Yes. Numerous different minimum wages are set up for different occupations (e.g. workers in first class restaurants).

The Minister shall determine, in coordination with the competent ministries and authorities concerned, occupations subject to apprenticeship, age of apprentices, duration of apprenticeship, stages of apprenticeship and progressive remuneration for each stage, provided that such remuneration at the final stage of apprenticeship is no less than the minimum wage prescribed for workers performing the same occupation.

The Minister shall determine, by ministerial decision and in coordination with the competent ministries and authorities concerned, the occupations subject to training, the age of trainees, the duration and stages of training and remuneration, provided such remuneration is no less than the minimum wage of workers performing the same occupation.

Domestic servants and similar categories are excluded from the scope of the Labour Law.

Employers shall pay under-aged workers who are 16 and above, in person, their wages, allowances and other entitlements. Such payment shall acquit employers.

Relevant provisions regarding the general minimum wage rate for the private sector have not been identified.

As a reference, for the 2010, the minimum monthly wage in the public sector for an individual with four to five years of university education was SYP 9,645 to 9,965 ($211 to $218), plus benefits; with a high school diploma up to two years of university education, SYP 7,750 to 8,465 ($169 to $185); with a junior high school diploma, SYP 6,765 ($148); for drivers, SYP 6,200 ($136); and laborers or janitors, SYP 6,010 ($132).

According to Legislative Decree No. 44 for 30/3/2011, all workers will receive a 30% increase up to the first SYP 10,000 of their salaries, and 20% increase for any amount above SYP 10,000.
Legislative Decree No. 44 also includes an SYP 1,000 increase to salaries from SYP 8,499 and above, in addition to resolving the issue of problems of salaries ranging between SYP 8,500 and SYP 9,330.

1 April 2011

Wages and other amounts payable to the worker shall be paid in legal tender.
However, wages accruing to workers may be attached or assigned only within the following limits:
- 50% of the wage for alimony settlement.
- 30% of the wage for dowry payment.
- 10% of the wage for any other debt repayment.
b- The percentages referred to above may not be aggregated in case of multiple debts and creditors, or exceed 50% of the wage. Attached amounts shall be divided among beneficiaries on a pro rata basis.
c- Such percentages shall be calculated after deduction of the income tax, the amounts payable under the Social Security Law, and the loans granted by the employer (up to 20% from workers´ wages).

Yes. The rate of payment may be fixed per hour.

Yes. The rate of payment may be fixed per day.

Yes. The rate of payment may be fixed per week.

Yes. The rate of payment may be fixed per month.

Employers may not transfer a worker earning monthly wages to the category of workers earning wages on a daily, weekly, hourly, or output basis, without his written consent. In this case, the worker shall be entitled to any and all entitlements accrued to him during his monthly paid service.

Wages and other amounts payable to the worker shall be paid in legal tender on a working day, at the workplace and during regular hours of work, without prejudice to the following:
1- Workers earning monthly wages shall be paid at least once a month no later than the sixth day of the following month.
2- Workers earning wages on piecemeal or output basis shall, if work necessitates more than two weeks, receive an advance proportionate to the completed work each week, and the remaining wage during the week following work delivery.
3- In other instances, workers shall receive their wages not more than once a week, save as otherwise agreed upon.

It may be agreed to pay wages through any bank operating locally.

The National Committee of General Minimum Wage shall convene at the invitation of the Prime Minister: 1) in regular sessions during the first week of May each year; 2) in extraordinary meetings upon the request of the majority of its members.

In addition, in each competent directorate, the committee shall convene at least once a year to recommend the minimum wage for each occupation.

Labour Inspectors may enter workplaces and carry out the necessary inspections in order to ensure that the provisions of Labour Code and orders (including minimum wage decrees) made in accordance with the Code are complied with.

Employers who fail to pay workers the relevant minimum wage shall result in a fine ranging from 5,000 to 10,000 SYP.