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SYRIA.TXU
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TITLE: SYRIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 6 Worker Rights
a. The Right of Association
Although the Constitution provides for this right, workers are
not free to establish unions independently of the Government's
bureaucractic structure. All unions must belong to the General
Federation of Trade Unions (GFTU) which is dominated by the
Ba'th Party and is actually a part of the State's bureaucratic
structure. The Government would not permit the establishment
of an alternative trade union federation.
The GFTU is an information transmission belt between political
decisionmakers and the workers. The GFTU leadership transmits
instructions downward to the unions and workers but also
conveys information to decisionmakers about worker conditions
and needs. The GFTU provides the Government with opinions on
legislation, organizes workers, and formulates rules for
various unions. The GFTU president is a senior member of the
Ba'th Party. He and his deputy attend Cabinet meetings on
economic affairs. The GFTU controls nearly all aspects of
union activity. At the end of 1994, legislation was pending
before Parliament that would grant individual unions more
authority to adopt their own bylaws.
There were no reported strikes. Although strikes are not
legally prohibited, workers are inhibited from striking because
of previous government repression. In 1980 the security forces
arrested many union and professional association officials who
planned a national strike. Many of those arrested remain in
detention without charge or are being tried in the State
Security Court.
The GFTU is affiliated with the International Confederation of
Arab Trade Unions.
In 1992 the U.S. Government suspended Syria's eligibility for
tariff preferences under the U.S. Generalized System of
Preferences because the Government failed to take steps to
afford internationally recognized worker rights to Syrian
workers.
b. The Right to Organize and Bargain Collectively
This right does not exist in any meaningful sense. Government
representatives are part of the bargaining process in the
public sector. In state-owned companies, union representatives
negotiate hours, wages, and conditions of employment with
representatives of the employers and the supervising ministry.
Workers serve on the boards of directors of public enterprises.
The law provides for collective bargaining in the private
sector, but any such agreement between labor and management
must be ratified by the Minister of Labor and Social Affairs,
who effectively has the power of veto. The Committee of
Experts of the International Labor Organization (ILO) has long
noted the Government's continuing resistance to abolish the
Minister's power over collective contracts.
Unions have the right to litigate disputes over work contracts
and other workers' interests with employers and may ask for
binding arbitration. In practice, labor officials and
management settle most disputes without resort to legal
remedies or arbitration. Management has the right to request
arbitration, but this is seldom exercised. Arbitration usually
occurs when a worker initiates a dispute over wages or
severance pay.
Since the unions are absorbed into the Government's
bureaucratic structure, they are protected by law from
antiunion discrimination. There were no reports of antiunion
discrimination.
There are no unions in the seven free trade zones. Firms in
the zones are exempt from the laws and regulations governing
hiring and firing, although they must observe some provisions
on health and safety, hours, and sick and annual leave.
c. Prohibition of Forced or Compulsory Labor
There is no law prohibiting forced or compulsory labor. There
were no reports of forced or compulsory labor involving
children or foreign or domestic workers. Forced labor may be
imposed as a punishment for some convicts.
d. Minimum Age for Employment of Children
The minimum age for employment is 14 in the public sector and
12 in the private sector. In all cases, parental permission is
required for children under age 16. The law prohibits children
from working at night. The Ministry of Labor and Social
Affairs is responsible for enforcing the minimum age
requirements but does not have enough labor investigators.
Nonetheless, child labor is common. The Ministry is not able
to monitor compliance with the child labor laws in rural areas
or in small family businesses which employ young children.
e. Acceptable Conditions of Work
The Minister Labor of and Social Affairs is responsible for
enforcing minimum wage levels in the public and private
sectors. Following reductions in subsidies for foodstuffs, the
Government in April raised the minimum wage to $50 a month in
the public sector and $44 a month in private sector. A
committee of labor, management, and government representatives
submits recommended changes in the minimum wage to the
Minister. The minimum wage does not provide for an adequate
standard of living for a worker and his family. As a result,
many workers take additional jobs or are supported by their
extended families.
The statutory workweek is 6 days of 6 hours each, but in some
cases a 9-hour workday is permitted. The laws mandate a 24-hour
rest day per week.
Rules and regulations severely limit the ability of an employer
to dismiss employees without due cause. Dismissed employees
have the right to appeal before a committee of representatives
from the union, management, the Ministry of Labor and Social
Affairs, and the appropriate municipality. Such committees
usually find in favor of the employee.
The law does not protect temporary workers who are not subject
to regulations on minimum wages. Small private firms and
businesses employ such workers to avoid the costs associated
with hiring permanent employees.
The law mandates safety standards in all sectors, and managers
are expected to implement them fully. In practice, there is
little enforcement without worker complaints, which occur
infrequently despite Government efforts to post notices on
safety rights and regulations. Large companies, such as oil
field contractors, also employ safety engineers.
The ILO has noted that a provision in the Labor Code allowing
employers to keep workers at the workplace for as many as 11
hours a day might lead to abuse. However, there have been no
reports of such abuses.
Officials from the Ministries of Health and Labor inspect work
sites for compliance with health and safety standards. Such
inspections appear to be haphazard, apart from those conducted
in hotels and other facilities which cater to foreigners.
Workers may lodge complaints about health and safety conditions
with special committees established to adjudicate such cases.