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Law 28 To 2014 92 Law Amendment To The Social Insurance Act, 1959

Original Language Title: القانون 28 لعام 2014 تعديل القانون 92 لعام 1959 قانون التأمينات الاجتماعية

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Law 28 of 2014 Amendment Act 92 of 1959 Social Insurance Act


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Law No. 8 of 2014
Date-birth: 2014-11-30 History-Hjri: 1436-02-08
Published as: 2014-11-30
Section: A law.

Information on this Act:
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Law No. 28 of 2014
Amendment to Act 92 of 1959 Social Insurance Act

President

Based on the Constitution

As approved by the People's Assembly at its meeting held in the history of 4.2-1436 A.H., I ran on 26-11-2014, my birth.

The following are issued:

Amend the following articles Social Insurance Act No. 92 of 1959 Its amendments shall be as follows and the numbers of the articles of the law shall be rearranged in conformity with the amendment:

Article 1

Paragraph (g): remuneration:

Remuneration defined in Article 1 of the Basic Law for Workers in State No. 50 of 2004.

1. Lump pay for excluded groups from the application of the provisions of the Basic Law for Workers in State No. 50 of 2004.

2. The remuneration defined in the labour law in force.

3. The provisions of section 1, paragraph (g), of this Law shall apply.

4. The provisions of article 1, paragraph 1 (g), of this Law apply to employees of those who adopt the attached pay scales By the Basic Law of the Workers of State No. 50 of 2004 Its amendments and grants are awarded to workers with increases in wages issued through legislative instruments.

Article 2

With the retention of the provisions on the pension rights of the officeholders and members of the People's Assembly contained in the laws in force, the insurance rights of the officeholders and members of the People's Assembly from the public institution for the benefit and pension and the transfer of the contributions paid (the employee's quota and the employer) shall be referred to The public institution for the association and pensions in case it is common to the public institution for social insurance.

First: The provisions of the Act apply to:

a. Workers subject to the provisions of the Basic Law for Workers in State No. 50 of 2004.

b. Workers subject to the provisions of the Employment Act, no matter how many workers are established.

c. The judges of the Supreme Constitutional Court, the judges of the State Council, the judges of the ruling and the prosecution, who are subject to the Law of the Judiciary and the State

Dr. Members of the Educational, Teaching, Technical and Laboratory Authority who are subject to the Law on Organization of Universities.

e. Fatwa, fatwa secretaries and teachers in religious opinion and teaching.

And. Civilian users in the public intelligence.

g. Members of the Scientific Research Organization and the Technical and Laboratory Service of the Scientific Research Centres and the Atomic Energy Authority.

h Scientific staff in the form of the Arabic Encyclopedia.

i The Flying Caring at the Syrian Arab Aviation Foundation and the sailing knees of the Syrian Maritime Navigation Company.

j. Workers in agriculture covered by the Regulation of Agricultural Relations Act No. 56 of 2004.

??? Workers in free zones.

For. Workers with drip and midfield schedules in the public sector.

M. Syrian workers and those in their judgment who work in international organizations and diplomatic missions operating in the Syrian Arab Republic.

N. The family members of his employer are paid by sons and brothers who have reached the age of 16 years, married girls and married sisters.

Q. The employees assigned to the Agency shall be in accordance with the provisions of the Basic Law for Workers of the State, except for the Agency's employees in the educational and teaching cord.

p. Temporary appointees under article 146 of the Basic Law of the Workers of the State.

??? Contractors are governed by article 147 of the Basic Law for Workers of the State, whose employment contracts stipulate that they are subject to the Social Insurance Act.

II. The provisions of the Act shall not apply to:

a. Foreign workers employed in international organizations and diplomatic missions operating in the Syrian Arab Republic.

b. Foreign workers assigned by branches of foreign companies operating in the Syrian Arab Republic from the parent company or one of its branches with a view to training working methods and for a period of not more than 12 months.

c. The family members of his employer and those who actually count on them.

Third: Every worker is entitled to take part in the Old Age, Disability and Death Fund, provided that he or she has paid his share and the employer's quota according to a special order issued by a decision of the Prime Minister's Cabinet upon the Minister's proposal.

Article 3

a. The public institution for social insurance has legal personality and financial and administrative independence and is associated with the Minister of Labor and exercises all the necessary powers to carry out its work in accordance with the laws and regulations in force. It is based in Damascus and has branches in the governorates.

A decision may be made by the Minister on the proposal of the Board of Directors to establish branches and offices in administrative, industrial and free zones if the public interest is required.

b. The Director General represents the institution before the judiciary and not for its branches in the governorates. It is represented by the director of the branch before the courts and others, in addition to the authority delegated to them by the general manager within the area of work of his branch and in accordance with the laws in force.

c. Taking into account paragraph (c) of article 72 of the Act, the institution shall exercise the rights conferred upon the competent financial authorities under the Act on the collection of public funds for the collection of sums of money provided for in the Social Insurance Act and its amendments.

The institution has the right to ask for exempting management accountants in case of defaulting on the payment of contributions from the institution for the workers who work for them for more than three months and have to sue for exchange, maintenance, financial managers and public accountants in public authorities, in case they are to be paid. Default and delay from:

All sums due to the institution shall be paid to the employee's quota and the employer's quota by 24.1 % with interest and additional amounts for those whose funds are not allocated by the Ministry of Finance during the preparation of the public budget.

The payment of the employee's quota is only 7 percent, which is transferred to public bodies by the Ministry of Finance, with interest and additional sums for public bodies whose appropriations are monitored by the Ministry of Finance during the preparation of the public budget.

Dr. The debt of the enterprise may be paid a maximum of two years in accordance with the guarantees and conditions of the Minister's decision on the proposal of the Governing Council.

e. The Board of Directors has the right to request that the case be not filed or written off in coordination with the administration of the State's cases if it decides not to proceed with its follow-up or the limited amounts claimed in comparison with the expenses and to decide on the cases of the ignorant or the destination of the address.

And. Add to Selected Authorities By Act 2 of 2005 The Board of Directors of the Public Enterprise for Social Insurance has the broadest authority and flexibility to invest surplus funds in all areas (tourism facilities, purchase of land and real estate, recruitment of funds etc.) and to exercise and manage all direct and indirect investment operations Direct and indirect, he has the right to do so by using the necessary expertise when necessary, forming committees to implement the objectives of the law and, in this area, the right to exchange incentives, rewards and fees commensurate with the efforts made to implement its provisions.

Rule 18

a. Insurance in the enterprise is compulsory for employers and workers and the insured may not be charged with any share of the insurance expenses except in what is provided by special text.

b. If the insured person works for more than one employer, each service is engaged separately and when the insured is completely discharged from the scope of application of the law, each service shall be treated separately from the other under the provisions of Article 58 of the Act.

c. The provisions of the preceding paragraph shall apply to the co-insured of more than one insurance institution.

Rule 19

a. Taking into account the provisions of article 2 of the Act, the provisions of chapter on securing employment injury shall apply to:

1. Workers who are employed in temporary casual work for one or more employers, especially construction workers, supply workers, deportation workers, seasonal workers, shipping and unloading workers, etc.

2. Agents in the teaching and teaching cord.

3. Female workers and nannies in Syrian and non-Syrian homes.

4. The private driver, the guards, the park workers.

b. A decision may be made by the Minister of Labor on the proposal of the board of directors to regulate the conditions and conditions for the benefit of the aforementioned groups to benefit from social security benefits, all of them or some of them to be referred to as a special order.

Rule 26

a. The disability resulting from injury or relapse is estimated when it is established or a year after the date of the injury or relapse, whichever is previously not cured on the basis of a certified medical certificate from the enterprise doctor.

b. To be issued by a decision of the Director-General upon the proposal of the Governing Council that the certification referred to in paragraph (a) and the data without which it is established shall be issued.

Rule 29

If a permanent disability or death is established on the basis of 75 per cent of the average monthly salary for the previous year prior to a proven disability or death, and in the case of death, the pension is distributed to eligible persons in accordance with the provisions of article 89 of the Act and in case of delay in reporting For more than one year, the benefit is calculated on the basis of the average monthly monthly remuneration for the previous year of proven disability or a full year over the date of the injury, whichever is earlier.

Rule 33

The calculation of compensation shall take into account the following rules if the injured person has already suffered a work injury:

a. If the sum of the deficit due to the current injury and previous injuries is less than 35 %, the injured person is compensated for his recent injury on the basis of the percentage of the deficit left alone and the average monthly wage for him in the last year after the injury, or the date of proven impotence, whichever is the above.

b. If the total deficit ratios resulting from the current injury and previous injuries are 35 % or more, an injury pension is estimated on the face:

1. If the injured person has compensated for his previous injuries, compensation from one payment is estimated on the basis of the total disability attributable to all of his injuries, and the average monthly joint remuneration for him in the last year of which the subscription was paid and prior to the date of the finding of the deficiency of the last injury or the passing of a year. The date of the last occurrence, whichever is the above, is offset by the compensation of the one-time payment to which the previous injuries were paid, and 25 % of the amount of pension granted to him monthly and without benefits.

2. If the author of the disability pension is exposed to a new injury, to the extent that the new injury pension is independent on the basis of the average monthly joint remuneration for the last year prior to the date of proof of disability or one year after the date of the injury, whichever is the new injury, and add to a pension Previous deficit.

3. If the patient is entitled to a disability pension for an independent injury, and as a result of his re-examination according to article 86 of the law, the percentage of his or her disability is reduced, and he is compensated for the payment of the same payment, and then to submit the setback of his family to the benefit of the pension benefit as much as the new disability rate based on the average monthly wage. In the last year of the date on which the deficit was established or a year passed on the date of the setback, any of them would be reimbursed for the payment of the one-time payment, which would amount to 25 % of the pension granted monthly without benefit.

4. The pension granted in accordance with the provisions of paragraph (b) above shall not increase the full disability pension.

Rule 57

The age pension is entitled to one of the following cases:

a. separation due to the completion of the insured age of 60 and the insured age of 55, and at least 180 monthly contributory service.

b. End of service due to the completion of the 55-year-old insured and insured age of 50 and at least 240 monthly contributory service.

c. The service of the insured after attaining his or her actual service in one of the difficult and dangerous occupations calculated in the pension is at least 180 monthly, in accordance with the conditions and conditions stipulated in the decree in this regard.

Dr. Service expires at the request of the insured if at least 300 monthly contributory services are not subject to the age requirement.

Rule 58

a. The old-age pension is calculated on the basis of 2.5 % of the average monthly wage in the last year for each subscription year under insurance and the year's fractions of not less than a full year in the calculation of the term covered by the insurance.

b. The maximum pension allocated under the provisions of insurance for old age, disability and death is 80 % of the average monthly salary for the last year, according to which, on the basis of which the pension is calculated and takes into account when calculating the monthly remuneration, the difference does not exceed the increase or decrease between the salary of the insured at the end of the year. The last two years and at the beginning of which he paid 15 % and between his wages at the end of the last five years and his wages at the beginning of 30 %, taking into account the following pay account:

1. Emergency wage increases during this period promulgated by legislative instruments for employees of those who adopt the salary scales attached to the Basic Law of the Workers of the State No. 50 of 2004 and its amendments and are committed to participating in such increases within the statutory deadlines set in The Social Insurance Act.

2. Increases granted to the employee under the Employment Act in force.

3. Failure to breach the subscription ceiling contained in Article 2 of this Law.

c. The insured insured persons are accounted for and have multiple services and, together with these services, the conditions for pension benefit on the basis of the average monthly salary common to him in the last year on which the pension is linked.

Dr. If the believer works for more than one employer in parallel, the liquidation takes place for each service separate from the other, whether the liquidation is compensation for one payment or a pension as follows:

1. If the conditions for pension benefit are available for both services, the better pension is allocated, and the second service is paid by a single payment of 3 % less than the proportions specified in article 60 of the law, and 3 % will be transferred to the unemployment fund. This provision applies in the event of eligibility requirements. Pension for one service and compensation for the other.

2. In case of compensation for the two services, each service shall be issued separately in accordance with article 60 of the Act, taking into account the provisions of the preceding paragraph.

3. The insured has more than one employer in one insurer right to choose the combination of the two services to benefit from the realization of the years of pension benefit, and the pension is calculated on the basis of the average monthly joint remuneration for each service in the last year of each service, provided that the insured person has been referred to. On the basis of completion of the age of 60 years, the pension allocated according to the provisions of this paragraph shall not exceed the ceiling of the pension under this law and without the payment of compensation of the same payment if his services increase to 32 years.

e. In the case of a private, cooperative or joint private sector pension, he was again charged with securing old age, disability and death before completing the age of 60. The pension is suspended and the subsequent service is subscribed to and when the service expires in accordance with the preceding paragraph (c).

And. The insured pension or the total pension allocated to it shall not be reduced by the provisions of this Act or any insurance law in force for the general minimum wage.

g. If the insured is entitled in accordance with the provisions of the law to two insured persons who may or may be eligible for it, the pension shall be combined with the payment of the allowance by each insurance provider on the condition that the total pension is not exceeding the first category of Law No. 50 of 2004.

h If the actual service period of the insured in the calculation of the pension under the provisions of the law increases to 32 years qualifying for the pension ceiling and continues to service him or his or her beneficiaries for the excess period, compensation from one payment shall be compensated by a month pension for each year of excess, maximum and maximum amount. Three pensions and neglect of less than one year in the calculation of such compensation. If, after receiving an employment pension of 80 %, the worker shall be compensated by a lump of one payment in accordance with article 60 of the Act.

Rule 59

If the insured service has expired with the employer for completion of the age of 60 years prior to the requirement for the period of subscription for the OAS pension, compensation from one payment shall be made on the basis of 15 % of the average monthly salary for the last two years that the contribution has been paid for or a period of time. Subscribe to insurance if you say so about each month of insurance, taking into account article 58, paragraph (b), of the law at the expense of the said monthly wage, and the provision of this article applies to the worker enrolled after the age of 60.

Rule 72

a. The contributions of the employer and those that are deducted from the wages of the insured are calculated on the basis of the enrollment fee and when laws or legislative decrees are issued to increase wages for workers in the state or in the event of an increase by the employer on these wages, to which the increases will be added from the date of the date. The effectiveness of these laws, decrees or increases by the employer.

b. The calculation of remuneration for those who are paid for the non-month shall take into account the number of working days in the month of 25 days and the Minister of Labour may, upon the proposal of the Governing Council, establish other conditions for calculating remuneration in certain cases.

c. During the preparation of the public budget, the Ministry of Finance monitors the necessary appropriations for the employer's quota of 17.1 percent of the salary and salaries mass and transfers them to the public institution's social insurance account monthly for those working in the public sector, which are monitored by the Ministry of Finance. During the preparation of the budget and within the financial means, the Ministry of Finance is liable in case of non-obligation to transfer in addition to the quota mentioned in articles 73 and 76 of the Act.

Rule 76

Taking into account the provisions of article 73 of the Act, the employer is obliged if the employer or the payment of contributions to the insured or some of them is delayed by 5 % of the amount of contributions due for each month of delay starting from the next day. The deadline set out in the first paragraph of Article 73, which is referred to as a maximum of 20 % of the amount of such contributions, shall lapse and neglect the days of not a total of 30 days.

Rule 89

a. If the insured or the pension holder died, he would have been entitled to the payment of pensions to the extent of assessments in table 3 on employment injuries and table 3 (a) on old age, disability and death. The beneficiaries are entitled to pension:

1. A widower or widow of a believer or a pension holder.

2. His children and his male brothers who have not passed the 21st.

3. Widows, divorcees and unmarried daughters and sisters.

4. Parents.

b. The benefit of the brothers and sisters is required according to schedule 3 and 3 (a) to establish the insured support for them during his or her lifetime.

The distribution of the remuneration provided for in the second paragraph of article 71 bis of the Act and compensation for the single payment provided for in the Act shall be eligible for the insured in accordance with the provisions of the Employment Act in force.

Rule 90

The transfer of the share of the pension to the beneficiaries continues according to the following:

a. For a lifetime, or for a career or a career.

b. For the widow of her life, or until she is married or enrolled in a job or profession.

c. for girls and sisters until they marry or join a job or profession.

Dr. For boys and male brothers who have not exceeded the age of 21, unless they marry or enter a profession, and in the following circumstances:

1. If the pension is due to be a student at a university or a institutes of education until the 26th is done.

2. If he has a complete disability that prevents him from earning and proves this case with a certificate from the institution doctor until the disability wears off.

The girls were given what they were entitled to from a pension if they divorced or were widowed within ten years at most from the date of marriage, even if the marriage was prior to the death of the pension holder.

e. Parents have a lifetime if they do not join a job or profession.

Article 95 (a) bis

a. If the insured is entitled to more than one type of pension referred to in the law, his final pension is tied to the sum of all such pensions, and to a maximum of 100 % of the average monthly joint salary for him in the last year, and to be disbursed to him or his beneficiaries in the event of his death with the maintenance of the pensioners or They are entitled to a pension prior to the entry into force of this Act with their acquired rights.

Rule 98

On the death of a believer or a pension, an act for those who perform funeral or eligible expenses shall be equivalent to three months' pay for the insured or three months pension or three times the general minimum wage, whichever is the best and in the best of the minimum wage. If they were entitled to a pension from another insurance provider, funeral expenses would be paid according to the best pension provided that the amount was no more than three times that of the first class wage for public sector workers.

Rule 107

a. All establishments and premises covered by the law are subject to inspection by the inspectors of the public institution for social insurance or their superiors, and inspectors and social security observers are appointed by decision of the Minister on the basis of the proposal of the institution's board of directors and the minister is entitled to the minister who sees fit to preside over it. Inspection tours or the conduct of emergency situations as inspectors from the university degree campaign and observers from the public institute or high school certificate campaign.

b. In paragraph (a), the cours have the status of an officer of justice in contravention of the provisions of the law and the decisions made to him, as well as the right to enter the duty shops on normal working dates for the necessary inspection and access to records and documents relating to the implementation of the provisions of the law.

The inspectors and observers and their superiors are sworn in before the start court in the area of their appointment once before the direct operation of the following legal department: "I swear to God, I will perform my functions faithfully and faithfully, and I will not walk the professional, industrial and commercial secrets and any other secrets I have been informed of." By virtue of my job, even after I leave the job, " and every inspector and monitor holds a card that proves his capacity.

c. Internal security forces and other competent authorities shall assist inspectors and observers in carrying out their duties under the provisions of the law and the decisions implemented when requested to do so.

In case the employer is reluctant to facilitate the inspection work or to obstruct the work of the inspectors or observers, the necessary control is organized in preparation for referring it to the competent court.

Dr.

1. The Foundation is committed to providing the necessary protection to inspectors and observers in the exercise of their tasks or after they have been completed.

2. The institution shall, on behalf of the Inspector, take charge of any physical or moral injury or injury arising from the performance of his/her functional assignment to the competent court for the appropriate punishment of the offender.

e. The institution shall bear the fees and expenses incurred by the filing of the proceedings against the employers who violate the provisions of this article.

Rule 111

a. Every employer who contravenes the provisions of article 18 of the Act is liable to a fine of 1.5 and a half of the general minimum wage for each worker who works for him and has not registered with the institution.

b. In case the employee left work and was not shared with the institution, the employer is obliged to pay him a monetary compensation equal to his last pay for each year for his or her term of service. The employee is entitled to sum up the year's fractures in relation to the work and in this case the institution does not commit to paying any compensation. or a worker's pension, regardless of his or her type, and in case the case is filed by the employee, the employer shall assist him in bringing the case before the courts to obtain his or her rights.

Rule 121

a. Syrian workers who work outside the country are entitled to participate in the public institution of social insurance to benefit from the insurance of old age, disability and death set out in the social security law, according to the order to be issued by a decision of the Prime Minister's Cabinet and on the proposal of the Minister of Labor.

b. The workers recognized in paragraph (a) who applied to participate in the social insurance institution shall bear the sum of the contributions incurred in accordance with the remuneration they prove in their applications, plus the legally required quota on the employer, 21.1 %. These contributions are paid to the public insurance institution. Social.

c. The insured shall pay the subscription referred to in paragraph (b) of this article with the foreign transferable items and the insured shall bear the transfer expenses.

Dr. In the application of the provisions of this article, consideration shall be given to the calculation of the remuneration subject to the contribution not increased to the limits set forth in article 58, paragraph (b), of the law and the maximum remuneration provided for in article 2 of this Law.

e. Excluded from the provisions of paragraphs A, b, c, of this article, those working in the State with no pay leave and in their judgement where they are subscribed according to the remuneration payable upon commencement of leave plus legal increases if any.

Article 57 bis

a. Taking into account the maximum pension referral for certain categories in special laws, the maximum age for participation in all insurance funds shall be at the age of 65.

b. An exception to the provision of article 57 of the Act, upon the entry into force of this Act, a insured person shall be entitled to participate in the institution up to the age of 65 and to collect the services of the insured so that the services are connected if they qualify for the benefit of the pension.

c. The insured or insured persons are entitled to the age of 60 and they do not have the conditions for pension eligibility to apply for the purchase of supplementary pension benefits and up to a maximum of 24 monthly subscription, provided they do not benefit from a pension from any other insurer and are accounted for Contributions shall be made according to the latest joint remuneration for which one payment shall be paid or installments for a period of 9 % per annum, and a decision may be made by the Minister of Labor to increase the amount of such interest.

Article 72 bis

The common remuneration of the Enterprise shall not be less than the general minimum wage and no more than ten times the salary of the first category of wages provided for in Basic Law for State Workers No. 50 of 2004, with workers participating in the Corporation prior to the entry into force of this law, to pay more than ten times the roof of the first class with their rights acquired upon the liquidation of their insurance benefits, taking into account that their common wages are not increased from the date of force of this law except within the limits of this law. Periodic increases provided for in Labour Code The window.

Article 123 bis

Each text shall be terminated in violation of the provisions of this Law, whether in special or public texts, in particular:

a. Legislative Decree No. 210 of 1963.

b. Article 64 bis of the date of entry into force of this Act with the retention of the acquired rights of insured persons subject to the provisions of the Insurance and Pensions Act and the participants in such insurance based on the provisions of the Social Insurance Act No. 92 of 1959 and its amendments.

c. Articles 58 bis, 61 bis, 69, 92, 111 bis, 117, 122 of Act 92 of 1959 and amendments.

Article 125 bis

Retired and eligible persons who are subject to the provisions of this Act shall benefit from the provisions of this Act:

a. Legislative Decree 34 of 1949 and its amendments.

b. Legislative Decree 119 of 1961 and its amendments.

c. Legislative Decree 120 of 1961 and its amendments.

Dr. Law No. 130 of 1959.

Rule 126

a. The Executive Instructions for this Law shall be issued by the Minister of Labor on a proposal by the Board of the General Organization for Social Insurance and all the texts and previous executive instructions are amended in accordance with the provisions of this Law.

b. The term of the Ministry of Social Affairs and Labour is replaced wherever it is contained in Act 92 of 1959 and amendments to the term of the Ministry of Labour and the term of the Minister of Social Affairs and Labour in the words of the Minister of Labour.

Rule 127

The amendments to this Law shall be published in the Official Journal and shall be considered to be in force two months after the date of promulgation without prejudice to the text of article 127 of Act No. 92 of 1959 and its amendments.

Damascus at 8-2-1436 A.H., 30-11-2014, my birth.

President

Bashar al-Assad

Lawyer Naam Al-Masri

mz












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