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Law 28 to 2014 92 law amendment to the Social Insurance Act 1959 President
Based on the Constitution and approved by the NPC at its meeting on 4-2-1436 e was 26-11-2014 a.d. issued: amend the following articles of the Social Insurance Act number 92 of 1959, as amended to read as follows and renumber the code numbers in accordance with the amendment: article 1 paragraph (g): pay: wage defined in article 1 of the State employment statute number 50 for 2004.
1. hourly for those excluded from the application of the provisions of the State employment statute number 50 for 2004.
2. pay the applicable labour code identifier.
3. the provisions of item 1 of paragraph (g) of article 1 of this law.
4. the provisions of item 1 of paragraph (g) of article 1 of this law to the workers that support pay scales attached to the State employment statute number 50 for 2004 and its amendments and give their employees wage increases of legislative instruments.
Article 2 while maintaining conditions for pension rights for Office holders and members of Parliament of the laws in force, liquidate insurance rights holders and members of Parliament from insurance and annuities and turning paid contributions (employer and employee) to PTC and pension insurance in case he was involved in the General Organization for social insurance.
First: the law applies: employees subject to the provisions of the State employment statute number 50 for 2004. B the workers subject to the Labour Act in force, whatever the number of workers of the enterprise. C. judges of the Constitutional Court and judges of the Supreme State Council, judges and prosecutors are subject to the law of the judiciary and the Department of State issues counsel. D., teaching and educational staff professional laboratory and subject to the universities regulatory act. . Muftis and fatwas librarians and teachers on the staff opinion and religious teaching. And civilians in general intelligence users. G. members of the scientific and technical and scientific research centres in laboratory and Atomic Energy Commission. Scientific workers. Arabic encyclopedia body. I catch the bird in flight Foundation. Arabic Syria behind sailing in the Syrian Maritime company. . Agricultural workers covered by the provisions of the agricultural relations regulatory Act No 56 of 2004. K workers in free zones. L walmiaomin to drip schedules employees in the public sector. M., Syrians housemaids who work in international organizations and diplomatic missions operating in Syrian Arabic Republic. N employer's family members paid employees of sons and brothers males who have reached the age of sixteen and married girls and married sisters. SB personnel appointed by the Agency in accordance with the provisions of the basic law for State employees except employees of the Agency in education and teaching. Temporary. According to article 146 of the State employment statute. In accordance with the provisions of article contractors. 147 of the basic law for State workers who use contract stipulated in the Social Security Act.
Second: the law do not apply: foreign workers who work in international organizations and diplomatic missions operating in Syrian Arabic Republic. B foreign workers recruited by foreign affiliates operating in Syrian Arabic Republic of the parent company or one of its subsidiaries in order to train employees on working methods and for a period not exceeding 12 months. C the employer's family members and workers who actually dependants.
III: every subscription agent for himself in the trunk of old age, disability and death of the institution provided that pay their share and the employer's share as a special regime issued by the Presidency of the Council of Ministers upon proposal of the Minister.
Article 3a. Public institution for social security enjoys legal personality and financial and administrative independence linked to Minister of labor and exercise all powers necessary to carry out its work in accordance with the laws and regulations in force, to be based in Damascus and has branches in the provinces, the Minister may upon proposal of the Board of directors make branches and offices in administrative and industrial zones and free zones if the public interest. Foundation Director General represents. and others for its branches in the provinces, represented by Branch Manager before the courts and others in addition to delegate to them powers of General Manager within its area of operation and in accordance with the laws in force. C subject to paragraph (c) of article 72 of the Law Foundation exercised rights to competent financial authorities under the law to collect public funds to collect the amounts involved and provided for in the Social Insurance Act, as amended.
The Foundation has the right to request an accounting exemption in case management default Enterprise contributions of workers who work for more than three months and her sue me Exchange and strong maintenance and financial managers and accounting departments have public authorities in case of default and late: pay all amounts due to the working class institution and employer's share rose 24.1 percent, with additional amounts and benefits for those who are not its appropriation by the Treasury during the preparation of the general budget.
Payment of working class only 7% which is converted to public authorities by the Ministry of finance with benefits and additional amounts for public agencies that are monitoring the appropriations by the Treasury during the preparation of the general budget. Dr Enterprise debt may be converted to a maximum of two years in accordance with the safeguards and conditions specified by decision of the Minister on the proposal of the Board of Directors. . The Board's right to request non-suit or written off in coordination with the Department of State issues if you decide not to follow or low effectiveness claimed amounts compared with the charges and decide cases the identity of the culprit or the identity of the address.
And in addition to the specific powers. Act 2 of 2005 Board enjoys the General Organization for social insurance with the widest powers and flexibility to invest the surplus funds of the Foundation in all areas (tourist facilities, the acquisition of land and real estate investing. Etc) and all direct and indirect investment operations and managed directly and indirectly and right to using the expertise when necessary and forming committees to implement the objectives of the law and in this area the right incentives and bonuses and fees commensurate with the efforts to implement its provisions.
Article 18 a. Enterprise insurance compulsory for employers and workers and the insured shall not be loaded any share of expenses only insurance contained the text. B If the insured business have more than one employer subscription for each service separately when the insured's exit from the scope of application of the Act treats each separate service from the other in accordance with the provisions of article 58 of the Act. C the provisions of the preceding paragraph shall apply. the joint insured over insurance institution.
Article 19 a. Taking into account the provisions of article 2 of the law provisions of chapter on Workmen's compensation: 1. workers who work in temporary or incidental employer more particularly construction workers and supplies and posting workers, seasonal workers and workers loading and unloading. Etc.
2. agents in education and teaching.
3. workers and nannies in homes of Syrian and other Syrian.
4. your driver, guards and gardeners. B the Minister of labour may at the proposal of the Board of Directors regulating the terms and conditions of the use of the aforementioned categories of social insurance benefits in whole or in part on the particular system is chmilhm.
Article 26 a. Shortfall caused by injury or setback when actual occurrences or after one year from the date of injury or whichever setback if not cured according to the medical certificate approved by the institution's doctor. B the Director General's decision issued on the proposal of the Board of Directors model certificate described in paragraph (a) and the data are recorded.
Article 29 if the injury is permanent total disability or death pension is calculated on the basis of 75% of average monthly wage last year for disability or death and death pension is distributed to beneficiaries in accordance with the provisions of article 89 of law and in the event of delay in reporting an injury for more than a full calendar year calculated on the basis of receivables average monthly wage last year for disability or one year on the date of injury, whichever is earlier.
Article 33 the following rules into account in the calculation of compensation if the victim has already suffered a work injury: If the total percentage disability resulting from the present and previous accidents is less than 35% infected recent injuries compensated on the basis of disability from her alone and average monthly wage last year subsequent to the injury or disability established date whichever is earlier. B If the total percentage disability resulting from the present and previous accidents is equal to 35% or more of his injury pension is estimated as follows: 1. If the victim were redeemed from previous injuries compensation once estimated pension based on the total percentage disability resulting from all injuries and average monthly wage last year paid subscription and prior to recent injury or disability established one year after the date of the last infection whichever and retrieves lump His previous injuries per diem in installments in the amount of 25% of the value of the pension awarded him a month and no benefits.
2. If the new injury injury disability pension as his new injury disability pension independently on the basis of the average monthly wage last year prior to the date of confirmed disability or one year after the date of injury, whichever is earlier in new infection and added to the disability pension.
3. If the injured deserve separate injury and disability pension as a result of the retest according to article 86 of law dropped his disability and spent his lump and a relapse of the retirement benefit earned him again about the same injury as his new disability percentage based on the average monthly wage last year history of proven disability or one year after the date of whichever setback and retrieves lump off him in installments by 25% of the pension granted to him every month.
4. the pension shall be granted in accordance with the provisions of the preceding paragraph (b), the full disability pension.
Article 57 worth old in one of the following cases: a. separation because of insured insured age and age and attain a contributory service 180 monthly at least. B separation due to insured age and insured age 50 and reach a contributory service 240 monthly at least. C the insured after the termination of active service in a difficult and dangerous profession of contributory 180 monthly at least in accordance with the terms and conditions stipulated by Decree in force in this regard. Dr separation at the request of the insured if contributory services amounted to 300 monthly subscription for at least without compliance with the age requirement.
Article 58. Old age pension is calculated on the basis of 2.5% of the average monthly wage in the last year of each year subscription under insurance and fractions are not less than a month a year in duration covered by insurance. B the maximum pension under provisions of the old age, disability and death insurance to 80 percent of the average monthly wage last year on the basis of which the pension account when calculating monthly wages exceed the mentioned difference increase or decrease between insured at the end of two years, starting out in 15% and the cab at the end of the last five-year period and his wage at the beginning of 30% taking into account when calculating pay follows :
1. wage increases during this period issued legislative instruments for the workers that support pay tables attached to the State employment statute number 50 for 2004 and its amendments jointly committed about such increases within legal limits specified in the Social Security Act.
2. the increases granted to the worker under the labour code in force.
3. without prejudice to the participation ceiling contained in article 2 of this law. C the insured benefits are calculated. separating and have multiple services and these services combined pension eligibility on the basis of the average monthly wage last year on the basis of which the pension. D if the insured business have more than one employer in parallel filter for each service separately from the other whether filter compensation in one lump sum or a pension as follows: 1. in case the pension conditions for both services devote the best pension and distracted from the second batch of compensation service by less than 3% of the proportions specified in article 60 of law and turning about 3 percent to the unemployment fund this provision applies in the case of pension conditions for one of the two and other compensation.
2. If entitlement to compensation services describe each service separately in accordance with the provisions of article 60 of law subject to the provisions of paragraph b.
3. the insured maintains more than one employer in one insurance chose to combine the two to take advantage of achieving years retirement benefit pension is calculated on the basis of the average monthly wage last year for each service separately, provided that the insured was retired due to old age and completed not exceeding pension granted in accordance with the provisions of this paragraph the pension ceiling under the law in force and without compensation per batch if his services on 32 Years. E in case the pensioner's work in private or cooperative or joint tshmilh was again secure old age, disability and death by completed age 60 years old stop cashing pension and subsequent service subscription and separation are calculated in accordance with paragraph (c). And may not be less than the sum insured or pension pension allocated to it under the provisions of this law or any law in effect on insurance overall minimum wage. G if I deserve the insured in accordance with the law of pensions from two taminitin to speak to him or to his beneficiaries combining pensions that each insurance hand without pension granted by it provided that they do not exceed the total accumulated the roof of the first category of Act No 50 of 2004. H if the insured's actual service in calculating the pension under the provisions of the law on 32 years eligible for the pension ceiling and continued in service to him or to distract his beneficiaries about excessive duration of compensation at once by a month pension for each year in excess capacity and a maximum of three pensions and neglect the duration of less than one year in calculating such compensation if the worker enrolled after receiving a pension of 80 percent work spent his subsequent service compensation paid One in accordance with the provisions of article 60 of the law.
Article 59 if the insured service with the employer for completion of age 60 before the availability of subscription period requirement prescribed for old spent his compensation at once based on 15% of the average monthly wage in the last two years which were paying their subscription or a subscription to the insurance said that for each month of insurance subject to paragraph (b) of article 58 of the law when calculating monthly wage mentioned this article applies A student working beyond the age of sixty.
Article 72. Contributions by the employer and those that deduct from the wages of the insured on the basis of enrolment fee and when the laws or legislative decrees to increase wages for workers in the State or if the increase by the employer on the wage increases are added from the date of entry into force of these regulations or decrees or by the employer. B when calculating salary for insured persons paid by month determine the number of working days per month and twenty-five days and Labour Minister may at the proposal of the Board of Directors to put other pay conditions in certain cases. C Ministry of finance during the preparation of the general budget of the necessary appropriations 17.1 percent employer share of salaries and wages and mass converted into public institution for social security account monthly public workers that are appropriated by the Ministry of finance during the preparation of the budget and within the financial possibilities and the Ministry of finance in the event of non-compliance with the conversion to add to the mentioned share benefits and additional amounts provided for in articles 73, 76.
Article 76 taking into account the provisions of article 73 of the law the employer if delayed participation in the organization or in the payment of contributions for the uninsured all or some of them perform an extra to 5% of the value of the contributions payable for every month of delay starting from the day following the expiration of the time specified in the first paragraph of article 73 referred and a maximum of 20% of the amount of these contributions and the neglect of days totalling 30 days.
Article 89. If the insured dies or pensioner was to his beneficiaries entitled to receive pensions as assessments in table 3 regarding work injuries table 3 (a) on old age, disability and death. Eligible pension means: 1. a widower or widow of insured or pensioner.
2. sons and brothers males who never below 21.
3. widows, divorcees and unmarried daughters and sisters.
4. parents. (B) require for brothers and sisters according to table 3, 3 (a) to prove the insured support them during his life.
And the distribution of rewards provided for in the second paragraph of article 71 bis of law and lump enshrined in law to beneficiaries of the insured in accordance with the provisions of the Labour Act in force.
Article 90 Exchange continues mobile share of pension beneficiaries as follows: widow's life or until joining the job or profession. B to widow throughout the life cycle or until they marry or joining a business or profession.
C to the daughters and sisters until they marry or start work or profession. Dr boys and male brothers who under age 21 unless they marry or join the profession and in the following circumstances: 1. If the pension was a student in one of the universities or institutes of education and is 26.
2. If infected with a total disability that prevents him from earning and proving this case with a certificate from a physician organization that eliminated the deficit.
Daughters what was worth their pension if divorced or widowed within 10 years from the date of the marriage even if the marriage before the death of the pensioner. . To parents how their lives unless they belonged to a business or profession.
Paragraph (a) of article 95 bis a. If the insured deserved more than one type of pension referred to in the law linking the final pension amount total pensions and a maximum of 100% of the average monthly wage last year and distract him or his beneficiaries, in the event of his death while maintaining pensioners or their eligible ad litem before the entry into force of this law, pensions acquired rights.
Article 98 the institution upon the death of the insured or pensioner to conduct the funeral expenses or his beneficiaries an amount equal to three months ' pay from insured wage or pension three months of pension the deceased pensioner or three times the monthly general minimum wage which is better if he was eligible for a pension from another insurance entity acted accordingly best pension funeral expenses provided they are not more than three times the wage ceiling in the first category of public sector workers.
Article 107. All facilities and work places covered by the provisions of the law for inspection by the public institution for social security inspectors or supervisors and inspectors appointed social security monitors by decision of the Minister on the proposal of the Board of Directors and the Minister is entitled to assignment of inspection tours to Chair sees fit or do in emergency cases to be University degree holders inspectors and observers of public institutes or secondary certification campaign. B be mentioned in paragraph (a) as law enforcement regarding the violation of the law and its implementing decisions and them for the right to enter workplaces in regular working hours to perform the required inspection and access to records and documents relating to the implementation of the provisions of the law.
Inspectors and observers and swearing their oath before the Court of first instance in the appointment once before their legal oath: "I swear by God that I honestly and sincerely job assignments or disclose professional secrets, industrial, commercial and any other secrets brought by virtue of my job even after leaving work, and each accountant as proving card. C help law enforcement and other competent authorities of inspectors and observers in performing their jobs under the terms of the law and its implementing decisions when so requested.
If the employer's reluctance to facilitate or impede inspections for inspectors or observers necessary whom exactly are organized in preparation for submission to the competent court. د.
1. The Foundation is committed to provide the necessary protection for inspectors and observers during the exercise of their missions or after completion.
2. is the Inspector's behalf when subjected to any abuse or physical or moral harm caused by functional job submission to the court competent to impose appropriate penalty against the offender. . Enterprise bears the fees and expenses of suit against employers who violate the provisions of this article.
Article 111. Any employer who contravenes the provisions of article 18 of law fine 1.5 like half the general minimum wage for every worker has no record of the institution. B in case I leave work and joint working was not about employer organization has lead his monetary compensation equal to twice the last fare for every year of his term has as worth reporting on working fractions by judges at work and do not adhere to the Foundation in this case to pay any compensation or pension for the worker of any kind in the event of litigation by the employer enterprise is working to help him with a lawsuit in court to get his rights.
Article 121. Workers are entitled to the Syrians who work outside the country to participate in the General Organization for social insurance for the benefit of old age, disability and death insurance established in the Social Insurance Act regulations to be issued by the Presidency of the Council of Ministers on the proposal of the Minister of labour. Workers known as bear. paragraph (a) who applied subscription request social insurance institution total contributions as paid applications confirm it; plus class implications of employer legally 21.1% and contributions are to calculate the General Organization for social insurance. C the insured paid participation referred to in paragraph (b) of this article in foreign currencies convertible conversion expenses borne by the insured. D. in applying the provisions of this article into account when calculating the taxable wage together not to increase it to the limits stipulated in paragraph (b) of article 58 of the Act, the maximum remuneration provided for in article 2 of this law. . Excluded from the provisions of paragraphs a, b, c, d of this article State workers with unpaid leave and the like where their participation according to the wages due at the start of the holiday plus statutory increases.
Article 57 bis. Taking into account the maximum retirement for some categories in special laws the maximum age for participation in all insurance funds completed 65 years of age. B exemption from the provision of article 57 of the insured shall be entitled to act upon the entry into force of this law, together with the Foundation until the age of 65 and insured services pool where related services if they qualify for pension.
C the insured person is entitled or separating insured because they reach age 60 and didn't have the pension conditions apply to your organization purchase order supplementary services retirement benefit with a maximum capacity of 24 monthly contribution provided that they benefit from a pension from any other insurance contributions are calculated according to a common wage implications for and paid in one lump sum or in installments for two years with a 9 percent interest annually and the Minister of labour may increase the amount of this benefit.
Article 72 bis common remuneration must be at least about the Foundation of the general minimum wage and not more than ten times the ceiling of category I wage laid down in the State employment statute number 50 for 2004 with workers who maintain the institution before the entry into force of this law, the wages of more than ten times the ceiling of the first category of acquired rights when insurance benefits taking into account non joint rises posted as of the date of entry into force of this law only limits prescribed periodic increases In the labour code in force.
Article 123 bis finisher each text is contrary to the provisions of this law, whether in private or public texts especially: Legislative Decree 210, 1963. B article 64 bis. effective date of this Act while maintaining the acquired rights of the insured subject to the provisions of the law on insurance and pensions and insurance based on the provisions of the Social Insurance Act number 92 of 1959, as amended. C. 58 61 bis bis material, 69, 92, 111 bis, 117, 122 of Act 92 of 1959, as amended.
Article 125 bis takes advantage of the provisions of this law, retirees and their eligible subject to the following provisions: Decree 34 of 1949, as amended. B Legislative Decree 119 of 1961, as amended. C Legislative Decree 120, 1961, as amended. Dr Law 130 of 1959.
Article 126. Operational instructions for this Act by the Minister of work suggested by the Board of Directors of the General Organization for social insurance and all texts and regulations amended previous judgements in accordance with the provisions of this law. B replace the Ministry of Social Affairs and labour in 92 law of 1959, as amended by the Ministry of labour and Social Affairs Minister with the words of the Minister of labour.
Article 127 posted amendments to this law in the Official Gazette is considered a window two months after date without prejudice to article 127 of the law No 92 of 1959, as amended.
Damascus in 8.2-1436 Hijri, 30-11-2014 a.d..
President Bashar Al-Assad, Egyptian populate Attorney
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