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Law 10 In 2014 The Law Offices Of Employment And Homeworkers

Original Language Title: القانون 10 لعام 2014 قانون مكاتب التشغيل والعاملين المنزليين

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Law No. 10 of 2014 Employment Offices Act and Domestic Workers


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Law No. 10 of 2014
Date-birth: 2014-05-27 History-Hjri: 1435-07-28
Published as: 2014-05-27
Section: A law.

Information on this Act:
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Law No. 10 of 2014
Employment office law and domestic workers

President

Based on the Constitution

As approved by the People's Assembly at its meeting held on the date 21-7-1435 A.H., approved for 20-5-2014.

The following are issued:

Section I

Definitions and general provisions

Chapter I

Definitions

Article 1

shall mean the following terms in the application of this Law, the meaning given to each of them :

Ministry of Labour .

Minister: Minister of Labour .

Directorate of Labour in the governorate .

Job Student: Every Arab Syrian citizen who has completed 18 years of age is capable of domestic work and is willing, looking for and available to him. .

Domestic work: Every Syrian Arab person works for others in domestic work related to the same employer, either directly with the care of his or her person, or by an individual in the house or indirectly by doing business related to the house for remuneration. .

Beneficiary: Person contracting with UNOPS to benefit from domestic worker services .

Office: Office authorized to operate domestic work seekers within the territory of the Syrian Arab Republic .

Section: is another UNOPS headquarters in the county itself or in other provinces .

Office owner: Every Syrian Arab person is licensed to practice the occupation of domestic labour students within the territory of the Syrian Arab Republic .

Operating account and job creation: an ongoing account for the Ministry of Labour in the Central Bank of Damascus .

Chapter II

General provisions

Article 2

The Office shall operate domestic work seekers and secure the requirements of beneficiaries within the territory of the Syrian Arab Republic exclusively from domestic workers registered under the conditions of their employment contracts and in conformity with the provisions set out in this law .

Article 3

Domestic workers' employment offices are authorized by decision of the Minister or authorized by the Minister, in accordance with the basis and controls established by the executive instructions .

Article 4

It costs a student's license to pay a cash allowance in favour of the employment account and the creation and amount of employment. :

1. /150.000 /L.S. One hundred and fifty thousand Syrian pounds when authorized for the first time .

2.5.0.000/L. 50,000 Syrian pound, shall be fulfilled for each year of licence following the licence or branch of UNOPS for the first time to be paid within the first 30 days of it .

Article 5

a. A student of the licence of the office or its subsidiary is charged with payment of unconditional and irrevocable cash or bank bail to the amount of 5 million Syrian pounds to be deposited or issued by a bank licensed and operating in the Syrian Arab Republic, in accordance with a special agreement to be concluded to this end. Approved by the Ministry .

b. Bail provided in the preceding paragraph is a guarantee of the financial means of others arising from the practice of the office of employment of domestic workers .

Article 6

Ensures the provision of the office provided for in the preceding article in accordance with the provisions set out in the executive instructions .

Article 7

a. The bail set forth in article 5/of this Act shall be wholly or partly deduct by decision of the Minister, or by virtue of a peremptory or arbitral award of an award or an award .

b. Executive custody, reserve or administrative shall not be made in accordance with the law on the collection of public funds No. /341/1956 and its amendments, or the dumping of judicial custody on bail set forth in article 5 of this Law to meet obligations other than those arising from the exercise of a profession by the Office Employment of domestic workers .

c. The value of the sponsorship shall be supplemented by the deductit from the deductions within thirty days of the date of notification to the office by the Office of its designated home, specified in the licence application, to cease the licence for two months in accordance with the provisions of paragraph (3/a) of article 11/of this Law .

Article 8

a. The relationship between the domestic worker, the beneficiary and the office is regulated and the obligations and rights of each of the parties and the allowances for the fees of the Office are set out in the executive instructions .

b. The holding of the domestic work contract according to the model issued by the minister's decision to include, in particular, :

  • Name and address of each party clear and detailed .
  • workplace address .
  • The nature of domestic work is contractual .
  • Contract Duration .
  • Remuneration agreed between the parties and the manner and date of performance at least the general minimum wage and other monetary and in-kind benefits agreed upon by the parties .
  • The periodic increase of domestic worker wages once every two years and by 10 %.
  • Working hours .
  • Rights and obligations of domestic worker, beneficiary and office .

Article 9

The beneficiary is obliged to register the domestic worker in the labor injury fund with the branch of the public institution for social insurance in the county in which he resides during his or her work period. .

Part two.

Sanctions

Article 10

Without prejudice to any further punishment prescribed by any other law, the minister shall have the authority to impose administrative penalties and financial fines provided for in this section against the offenders of the provisions of this law. .

Article 11

The owner of the office who contravenes his or her specific obligations under this Act and his executive instructions shall be punished with the following administrative penalties :

1. The penalty of written alert shall be imposed if the conditions of work are violated and the violation shall be given 15 days from the date of reporting to the contrary. .

2. Written warning penalty: In case of default, any infraction is imposed on which a written alert has been issued or a new offence has been committed, and the conflict shall be given 15 days from the date of reporting to the contrary. .

3. Penalty moratorium for two months :

a. In one of the following cases, :

  • A failure to draw a ticket was a warning about it. .
  • New offence committed after warning of previous offence .
  • Failure to comply with the provisions of paragraph/c of article 7 of this Law .

b. You may return to work only after the expiration of the suspension of the licence and the violation .

4. Abolition of licence :

a. In one of the two cases :

  • Failure to Derrick a contravention after the imposition of a moratorium penalty .
  • New infract committed after the imposition of a moratorium penalty .

(b) This penalty shall be imposed only after the notification of the author of the office and the opportunity to express his or her written objections in respect of violations attributed to him or her during the period of two working days from the date of the communication. .

c. Recertification of the Office requires the Minister's approval and the regularization of the status of books according to laws and regulations in force .

Article 12

The gradual imposition of administrative penalties is not required if a serious offence is committed, due to the Minister's discretion. .

Article 13

Any person who contravenes the provisions of paragraph (b)/of article 2 of this Act shall be punished by opening an office or exercising the occupation of domestic workers without obtaining a licence for a fine of not less than /500.000 / Lens 500,000 Syrian pounds and no more than 1.0.000.000 L is a million Syrian pounds, and the ministry issues a decision to close the opposite office. .

Article 14

a. A fine of 100.000 /L shall be punished by a fine of only 100,000 Syrian pounds, every owner of an office found to do the following. :

  • March active, or an unauthorized act in accordance with the provisions of the laws and regulations in force .
  • Mediation works in the operation of the home worker of unlicensed offices .
  • Operation of a houseworker or office worker without taking into account the legal requirements of his or her work and the licence granted to the office shall be suspended until the breach is settled, and the licence granted to the Office shall be cancelled if the offence is repeated .

b. A fine of 50 thousand Syrian pounds is punishable by a fine of 50,000 Syrian pounds, each office owner who changes the headquarters of the administrative office prior to obtaining the approval of the Ministry and suspends the license granted to the office until the violation is settled. .

c. A fine of 50 thousand Syrian pounds is punishable by a fine of 50,000 Syrian pounds, each office owner opening a branch of his or her office in the authorized province, or outside it without the Ministry's approval, and the ministry closes the branch. .

A penalty is punishable by a fine of 25,000 /l. Only five and ten thousand Syrian pounds. Each office owner violates the following obligations. :

  • Annual periodic report to the Directorate within fifteen days of the beginning of the calendar year .
  • Hold records of beneficiaries, domestic workers as defined in the executive instruction .
  • Prepare a file for each household worker, including documents and documents specified in the Executive Instructions .
  • Payment of the annual licence renewal allowance provided for in paragraph/b/of Article 4/of this Law .

e. liable to a fine of 15,000 /l. only fifteen thousand Syrian pounds. Each office owner shall designate one or more administrative factors to conduct the transactions of the office before the competent authorities without obtaining the approval of the Ministry. .

Article 15

a. Every beneficiary who contravenes his obligations arising from the contract agreement between him and the Bureau shall be punished with a fine of 5.0.000 /L. Only 50,000 Syrian pounds. .

b. Every beneficiary who contravenes his obligations arising from the contract of employment between him and the domestic worker shall be punished with a fine of 585,000/l. Only twenty-five thousand Syrian pounds .

Article 16

a. The fine is doubled if the offence is repeated by the owner of the office or beneficiary, or not exceeded within the time limit granted to them. .

b. The fine caused by the owner of the office or the beneficiary of the multiple domestic workers for every offence that occurred against them and proved assets .

Rule 17

a. The proceeds of fines resulting from violations of the provisions of this Law and its executive instructions shall be interpreted as follows: :

  • Proportion (70 %) to State Treasury .
  • Ratio (30 %) to operating account and job creation .

b. Fines are met directly from the owner of the office or the contrary beneficiary under regular financial receipts, and in the event of non-payment, which is recovered in accordance with the Public Funds Collection Act No. /341/1956 and its amendments .

Section III

Chapter I

Composition and functions of the Committee

Rule 18

a. To be formed by a decision of the Minister, a committee in which each of the following shall be represented by the unrepresentative of the Director :

  • Ministry of Labour .
  • Ministry of Finance .
  • Ministry of Local Administration .
  • General Confederation of Trade Unions .

The Committee is headed by a representative of the Ministry of Labour and is likely to vote in equal votes. .

(b) The Commission shall study the following topics :

  • The objections of the rejected licence applicants and the opening requests of the rejected branch .
  • Complaints of those affected by the office owner's breach of their working conditions .
  • Other subjects offered by the Ministry relating to the practice of employment of domestic workers .

The Committee shall organize and raise the minutes of its meetings with proposals to the Minister for the appropriate decision .

Chapter II

Final provisions

Rule 19

All offices covered by this Act shall be subject to labour inspection and the labour and social security inspectors designated by the Minister under the provisions of the Employment Act No. 17 /2010 shall be subject to an obligation to monitor the obligation of office owners to apply the provisions of the law and its executive instructions .

Rule 20

Taking into account the provisions of relevant laws and regulations, disputes arising between the domestic worker, the beneficiary and the office shall be resolved in the application of the provisions of this Law through the judiciary, or arbitration in accordance with the provisions of the laws and regulations in force .

Rule 21

a. The owners of offices are committed to the humane and ethical treatment of the domestic worker and, after all, to the provisions of international conventions ratified by the Syrian Arab Republic and to national laws and regulations on human rights in all related to domestic work .

b. It is prohibited for the owner of the office, its employees, or the beneficiary, to discriminate or to abuse the domestic worker, in all respect of employment or remuneration .

Rule 22

Non-discrimination, testing, exclusion or preference, based on objective criteria relating to qualifications required by the nature of the work of a domestic worker .

Rule 23

It is forbidden for the owner of the office, its employees, or the beneficiary to infringe upon the dignity of the domestic worker, insult him, torture him, torture him, insult him, insult him, or charge him with acts that are not of the nature of domestic work, under the imposition of the penalties provided for by the legislation in force in this regard. .

Rule 24

The representatives of diplomatic or international missions serving in international diplomatic or consular missions or accredited international organizations shall be treated in accordance with international regulations and conventions ratified .

Rule 25

In accordance with its provisions, the owners of existing offices shall, within a period of six months from the date of their promulgation, settle their positions in accordance with their provisions, subject to the imposition of the force provided for in article 13/of this Law.

Rule 26

You are listening to the executive education of this law by decision of the minister. .

Rule 27

This law is published in the Official Journal. .

Damascus at 28-7-1435 A.H., 27-5-2014, my birth.

President

Bashar al-Assad

mz












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