Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Syrian Arab Republic (RATIFICATION: 1964)

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The Committee acknowledges the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country.

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided by the Government in September 2018 in reply to its direct request of 2016. The Government refers to the commitments that it made under the Millennium Development Goals (MDGs) to sustainable development through combating poverty in the three most recent consecutive five-year plans (the ninth (2001–2005), tenth (2006–2010) and eleventh (2011–2015)), which focus on social justice, regional development, reducing poverty and unemployment and the inclusion of most segments of society (including the private and non-governmental sectors) in economic development. The Government indicates that during the period 2001–2010, substantial progress was made with regard to economic and social development and that the country was close to achieving the MDGs, but that the crisis of 2011 prevented the continuation of this policy and the implementation of the eleventh five-year plan (2011–2015). Nevertheless, the Committee notes the information provided by the Government on the increase in the average wage by 133 per cent between 2009 and 2015; the creation of 29,000 jobs through programmes targeting young people, jobseekers and entrepreneurs; and increased access to social security and health services through improved coverage, in which regard the Government indicates that the number of beneficiaries increased from 443,000 in 2010 to more than 591,000 in 2015. The Government indicates that various measures were taken to further the application of the Convention during the period 2011–2017. In respect of these measures, the Committee notes with interest the strategic cooperation framework concluded between the Syrian Arab Republic and the United Nations for the period 2016–2019, which focuses on institutional capacity building and support, the restoration and development of essential services and infrastructure and improving people’s livelihoods, including through economic recovery and social inclusion; as well as the cooperation programmes and bilateral plans concluded with international organizations with a presence in the country, in particular the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), the United Nations Children’s Fund (UNICEF), the World Food Programme (WFP), the Food and Agriculture Organization of the United Nations (FAO) and the International Labour Office (ILO). These programmes contribute to improving the livelihoods and the economic and social recovery of all social groups throughout the country and to improving the economic and social resilience of Syrians. The Government adds that a national post-crisis development programme is being prepared, the analysis phase having been completed. Structured around major themes (strengthening of institutions, promotion of integrity, growth and development, human development, national dialogue, modernization and development of infrastructure), the programme aims to establish a long-term strategy that encompasses all economic and social development issues and so contribute to the elimination of poverty, unemployment and inequality. Similarly, a plan for the achievement of the 2030 Sustainable Development Goals (SDGs), which constitute a continuation of the MDGs, is being developed and an initial national report on sustainable development 2030 was published. In addition, the Labour Market Observatory is currently carrying out a comprehensive labour market survey in order to provide indicators on the current labour market situation and labour shortages in the different economic sectors, to allow more effective planning and programmatic interventions to stimulate the labour market and identify the measures to be taken to create employment opportunities for returnees. Lastly, the Committee notes that the Government intends to pursue rural development programmes. The Committee invites the Government to include in its next report updated and detailed information on the nature and impact of the new measures taken in the context of the national post-crisis development programme and of the plan for the achievement of the SDGs, by improving the living standards of the population within the meaning of Articles 3, 4 and 5 of the Convention, and on the results and lessons learned from the Labour Market Observatory study and on the follow-up measures being considered or that have been taken. The Committee also requests the Government to provide updated information on the results achieved and progress made in reducing regional disparities and improving the living standards of the population.

Part III of the Convention. Provisions concerning migrant workers. The Committee takes note of the introduction of a form for displaced persons who wish to return home, which takes into account their skills, areas of experience and training needs in order to identify existing employment opportunities and relevant vocational training opportunities in their respective regions. The Committee invites the Government to include in its next report detailed information on the measures envisaged to give effect to Articles 6, 7 and 9 of the Convention.

Part VI. Education and vocational training. The Committee notes that the Government has taken various initiatives in the field of education and vocational training. These include, on the one hand, the creation of three new vocational guidance and entrepreneurship centres (in northern, central and coastal regions) under the plan of action for 2019, which facilitate the integration of new entrants to the labour market and serve as incubators for entrepreneurial projects. On the other hand, in 2017 the first and fundamental phase of a training programme leading to employment, which aims to provide skilled labour to meet the needs of industrial enterprises and workshops and allow companies that have ceased operations to resume work, made it possible to identify more than 500 opportunities for training leading to employment in the governorates of Damascus, Rif Dimashq and Homs. The Government mentions that the programme was extended in 2018 to other governorates, including the industrial city of Shaykh Najjar in Aleppo, with a view to supplying labour to 500 industrial enterprises. At the same time, a programme to support recent graduates of State universities and colleges involving 4,000 graduates in various disciplines was implemented, with a view to providing practical workplace training in exchange for financial compensation at the level of the minimum wage, including a subsistence allowance. The Committee invites the Government to include in its next report, updated information on the continuation and extension of its initiatives and statistical data disaggregated by sex, age and region, on the results achieved, as well as on any new measures relating to education and training within the meaning of Part VI of the Convention.

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Parts I and II of the Convention. Articles 1 and 2. General principles. Improvement of standards of living. The Committee is conscious of the economic crisis that the country is facing, referenced in its comments under Convention No. 95; the ongoing armed conflict; and the resulting humanitarian situation. The Government indicates in its report that in spite of the current situation and the ongoing war in the country, the Syrian Arab Republic continues to protect and care for vulnerable categories of persons, through provision of periodic benefits and necessary health care. The Government refers to its commitments under the Millennium Development Goals relating to poverty alleviation under two consecutive five-year plans and the Decent Work Country Programme (DWCP), which cover the period up to the year 2015, which seek to achieve social justice, regional development, poverty and unemployment reduction, as well as the participation of the majority of society’s segments in the economic cycle. The Government further indicates that the plans are based on general principles that include the improvement and expansion of income-generating opportunities and the reduction of vulnerability and protection of the poor from social costs that could result from economic reforms. All sectors of the national economy are directed to poverty alleviation and the deployment of efforts to provide job opportunities for each citizen able to work and interested in working. The Committee renews its request for the Government to provide updated information on the manner in which the implementation of the five-year development plans and the Decent Work Country Programme (DWCP) has contributed to “the improvement of standards of living” which, in accordance with Article 2 of the Convention, are to be “regarded as the principal objective in the planning of economic development”.

While acknowledging the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country, the Committee trusts that the Government will make all efforts to bring its law and practice into conformity with the Convention.

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The Committee 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 comments.

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Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in August 2008 in reply to the direct request of 2005. The Government indicates, in particular, that, in order to achieve the Millennium Development Goals relating to poverty alleviation, the two five-year plans, which cover the period up to the year 2015, aim to reduce the percentage of the population living in extreme poverty from 11.1 to 7.13 per cent. The Government lists, among its priorities, the achievement of social justice, balanced regional development, the reduction of poverty and unemployment and the increased participation of the population in economic activity. These goals will be achieved through the implementation of a programme of administrative and legislative reforms, increased efficiency of the social sector, the creation of income-generating possibilities and enhanced social protection of particularly vulnerable populations in the current context of transition towards a social market economy. The Committee also notes the priorities of the Decent Work Country Programme (DWCP) 2008–10 in Syria. Furthermore, the Government indicates that Decree No. 39 of 14 September 2006 modernizing public employment and development agencies aims to stimulate the labour market and monitor the situation of that market, and to also contribute to the training and rehabilitation of jobseekers and to help persons working independently in impoverished areas. The Committee requests the Government to provide updated information in its next report on the manner in which the implementation of the five-year development plan and the DWCP have contributed to “the improvement of standards of living” which, in accordance with Article 2 of the Convention, are to be “regarded as the principal objective in the planning of economic development”.

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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 2008 direct request, which read as follows:

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in August 2008 in reply to the direct request of 2005. The Government indicates, in particular, that, in order to achieve the Millennium Development Goals relating to poverty alleviation, the two five-year plans, which cover the period up to the year 2015, aim to reduce the percentage of the population living in extreme poverty from 11.1 to 7.13 per cent. The Government lists, among its priorities, the achievement of social justice, balanced regional development, the reduction of poverty and unemployment and the increased participation of the population in economic activity. These goals will be achieved through the implementation of a programme of administrative and legislative reforms, increased efficiency of the social sector, the creation of income-generating possibilities and enhanced social protection of particularly vulnerable populations in the current context of transition towards a social market economy. The Committee also notes the priorities of the Decent Work Country Programme (DWCP) 2008–10 in Syria. Furthermore, the Government indicates that Decree No. 39 of 14 September 2006 modernizing public employment and development agencies aims to stimulate the labour market and monitor the situation of that market, and to also contribute to the training and rehabilitation of jobseekers and to help persons working independently in impoverished areas. The Committee requests the Government to provide updated information in its next report on the manner in which the implementation of the five-year development plan and the DWCP have contributed to “the improvement of standards of living” which, in accordance with Article 2 of the Convention, are to be “regarded as the principal objective in the planning of economic development”.

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Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in August 2008 in reply to the direct request of 2005. The Government indicates, in particular, that, in order to achieve the Millennium Development Goals relating to poverty alleviation, the two five-year plans, which cover the period up to the year 2015, aim to reduce the percentage of the population living in extreme poverty from 11.1 to 7.13 per cent. The Government lists, among its priorities, the achievement of social justice, balanced regional development, the reduction of poverty and unemployment and the increased participation of the population in economic activity. These goals will be achieved through the implementation of a programme of administrative and legislative reforms, increased efficiency of the social sector, the creation of income-generating possibilities and enhanced social protection of particularly vulnerable populations in the current context of transition towards a social market economy. The Committee also notes the priorities of the Decent Work Country Programme (DWCP) 2008–10 in Syria. Furthermore, the Government indicates that Decree No. 39 of 14 September 2006 modernizing public employment and development agencies aims to stimulate the labour market and monitor the situation of that market, and to also contribute to the training and rehabilitation of jobseekers and to help persons working independently in impoverished areas. The Committee requests the Government to provide updated information in its next report on the manner in which the implementation of the five-year development plan and the DWCP have contributed to “the improvement of standards of living” which, in accordance with Article 2 of the Convention, are to be “regarded as the principal objective in the planning of economic development”.

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Parts I and II of the Convention. Improvement of standards of living. The Committee takes note of the Government’s report received in August 2003, which relates primarily to the establishment of new procedures to undertake tripartite consultations. It asks the Government to provide in its next report on the application of the Convention, updated data illustrating that the improvement of standards of living have been regarded as the principal objectives in the planning of economic development (Article 2 of the Convention).

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Remuneration of workers

In its earlier observation, the Committee pointed out that paragraph 1 of Article 12 of the Convention obliges the competent authority to regulate the maximum amount of advances on wages whenever made and the reasons therefor. The Committee recalled that the present provision of section 51 of the Labour Code only regulates the manner of repayment of advances on wages, and requested the Government to take necessary measures in this regard.

The Committee notes with satisfaction that section 51 of the Labour Code, Act No. 91, has been amended in order to take account of the provisions of Article 12, paragraph 1, of the Convention. Accordingly, the new section 51(b) of the Labour Code provides as follows: "The amount of advances which may be made by the employer to the worker to encourage him to take up employment shall be laid down in advance provided that such amounts do not exceed the equivalent of the wage of the worker for six months. The employer shall not retain more than 10 per cent of the worker's wage in settlement of such advances, nor shall he charge any interest on them."

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Remuneration of workers

In its earlier observation, the Committee pointed out that paragraph 1 of Article 12 of the Convention obliges the competent authority to regulate the maximum amount of advances on wages whenever made and whatever the reasons therefor. The Committee recalled that the present provision of section 51 of the Labour Code only regulates the manner of repayment of advances on wages, and requested the Government to take necessary measures in this regard. The Committee noted in particular that the version of the draft legislative text attached to the Government's report dated 20 April 1994 did not include the provisions proposed in earlier versions to become section 51(b) of the Labour Code in order to fix the maximum amount of advances on wages whatever the reason therefor.

The Committee notes the Government's indication in the report that measures have been taken to withdraw the present draft to amend the Labour Code, so as to provide for the limitation of the maximum amount of advances on wages made not only to a worker in consideration of taking up employment but also advances on wages made for whatever reason during the employment.

The Committee trusts that the Government will take in the very near future necessary measures to give full effect to this provision of the Convention, on which it has been commenting since the ratification. The Committee requests the Government to indicate any progress made and to supply a copy of adopted amendments.

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Remuneration of workers

In its previous observation, the Committee pointed out that, while paragraph 2 of Article 12 of the Convention requires limitation on the amount of advances which may be made to a worker in consideration of taking up employment, paragraph 1 of Article 12 obliges the competent authority to regulate the maximum amount of advances on wages whenever made and whatever the reasons therefor. The Committee recalled that the present provision of section 51 of the Labour Code only regulates the manner of repayment of advances on wages, and requested the Government to take necessary measures in this regard. The Committee noted in particular that the latest version of the legislative text attached to the Government's report dated 20 April 1994 amended sections 11, 88(2), 117, 121 and 216 of the Labour Code, but did not include the provisions proposed in earlier versions to become section 51(b) in order to fix the maximum amount of advances on wages.

The Committee notes the Government's indication in the report that another draft to amend the provision of the Labour Code will be prepared.

The Committee trusts that the Government will soon take necessary measures to limit the maximum amount of advances on wages made not only to a worker in consideration of taking up employment but also advances on wages made for whatever reason during the employment, so as to give full effect to this provision of the Convention, on which it has been commenting since the ratification. The Committee requests the Government to indicate any progress made and to supply a copy of adopted amendments.

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In its previous direct request in 1992 and observation in 1994, the Committee noted proposed draft amendments to the Labour Code No. 91 of 1959. The Committee now notes the Government's report dated 1 February 1995, which attaches a copy of a letter addressed to the Minister of the Presidency from the Minister of Social Affairs and Employment, seeking clarification of the status of the draft legislative decree to amend the said Labour Code.

The Committee however notes that the latest version of the legislative text attached to the Government's report dated 20 April 1994 amends sections 11, 88(2), 117, 121 and 216 of the Labour Code, but does not include the provisions proposed in earlier versions to become section 51(b) in order to fix the maximum amount of advances on wages.

The Government indicates in the 1994 report that it understands Article 12 of this Convention as requiring the competent authority to determine the amount of advances to encourage the worker to accept the employment but not dealing with advances for other reasons. The Committee again points out that, while paragraph 2 of Article 12 requires the limitation on the amount of advances which may be made to a worker in consideration of taking up employment, paragraph 1 of Article 12 obliges the competent authority to regulate the maximum amount of advances on wages whenever made and whatever the reasons therefor. The Committee recalls that the present provision of section 51 of the Labour Code only regulates the manner of repayment of advances on wages.

The Committee trusts that the Government will soon take necessary measures to limit the maximum amount of advances on wages made not only to a worker in consideration of taking up employment but also advances on wages made for whatever reason during the employment, so as to give full effect to this provision of the Convention, on which it has been commenting since the ratification. The Committee requests the Government to indicate progress made and to supply a copy of adopted amendments in its next report.

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Further to its previous comments, the Committee notes the development reported by the Government in revising certain provisions of the Labour Code No. 91 of 1959. It notes that the attached provision of section 51(b) of the Labour Code as amended by the revised draft Legislative Decree fixes the maximum amount only of advances which may be made to a worker in consideration of taking up employment. The Committee recalls that the Government's previous report received in December 1990 explained that the words "or during his employment" had been dropped from the above draft by a typing error. It points out that, under Article 12 of the Convention, the maximum amount of advances on wages made not only to a worker in consideration of taking up employment as provided in paragraph 2 of this Article but also for whatever reason during the employment shall be regulated by the competent authority.

The Committee hopes that the Government will soon take necessary measures to bring the legislation into full conformity with this provision of the Convention, on which it has been commenting since its ratification.

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Further to its previous comments, the Committee notes the information supplied by the Government, namely the attached text of the draft Legislative Decree submitted to the presidency of the Council of Ministers in 1990, which amends, among others, section 51 of the Labour Code in line with the provisions of Article 12, paragraph 1, of the Convention.

The Committee hopes that the Government will soon be able to report the adoption of the Legislative Decree, and to supply its copy as adopted.

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The Committee refers to its observation. It will be grateful if the Government will state whether it is considering amending section 51 of the Labour Code in the near future so as to ensure the application of Article 12, paragraph 1, of the Convention to all workers except public servants, and the application of paragraph 2 of the same Article to all public servants, as the Government has been contemplating since 1974.

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The Committee notes with satisfaction the adoption of Act No. 1 of 1985 to issue the conditions of service of staff in the employment of the State, section 94 of which fixes the maximum amount of advances on wages paid in circumstances other than those of recruitment and so ensures the application of this part of the requirements of Article 12, paragraph 1, of the Convention in regard to public servants. The Committee would be grateful if the Government would furnish the information asked for in the request being addressed directly to the Government.