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56 2004 law regulating agricultural ties, the President of the Republic on the provisions of the Constitution and approved by the NPC at its meeting on 11-11-2004, 22-12-2004.
Issue: section 1 definitions article 1
The following expression refers to the application of this law indicated beside each: a Minister: the Minister of Social Affairs and labour.
B Ministry: Ministry of Social Affairs and labour.
C Directorate: Directorate of Social Affairs and labour in the province.
D the competent judiciary: magistrate in the area in which the real estate was situated.
Union: Union or Confederation of peasant farmers.
Article 2 regulation of agricultural relations between the parties of the agricultural work in accordance with the provisions of this law with the aim of investing land fit for development of national wealth and fair economic and social relations.
Article 3 the agricultural relations means mentioned in the preceding article, the relationships between the parties of agricultural work arising from agricultural investment land investment (vegetarian or animal).
Article 4A agricultural work: is every business aims to land investment and agricultural investment and agricultural facilities every business associated with it which is predominantly agricultural character.
B identify work associated with agricultural work by decision of the Minister after the poll, Ministry of agriculture and agrarian reform and the Union.
Article 5 the agricultural employer means every natural person (owner of a tenant farmer investor) or legal person employing or a farmer over land or investment facility investment in agricultural farming or work associated with it.
Article 6 agricultural worker: is any natural person employed in agricultural work for an agricultural employer under the direct or indirect authority under an employment contract, in determining agricultural worker three elements: a dependency.
C the type of work that is agriculturally or linked to agricultural work.
1 the agricultural factor: a factor for a specific duration and is working for an employer for pay agricultural work for a specific period and coverage provision specific, seasonal and casual nature.
B for an indefinite period and is working for an employer for pay agricultural work for an indefinite period.
2A follows the General Federation of labor unions, farm workers are paid by the State, whatever the type of work they were engaged, whatever in use (permanent, temporary, seasonal, casual, agent) as workers in the food industry, agriculture and dairy, walkonsroh Mills, gardeners and nurseries, flowers and the like, whether public or private.
By following the General Federation of farmers associate agricultural Agricultural Organization (agricultural association) and worked with, or with the owner for a fee and under the direct authority, whether the employment contract in writing or verbally, and out of this concept, every worker shall agricultural investment or animal with the intention of trading and profit taking.
Article 7 a farmer partner is linked with agricultural employer written contract spending by giving a certain percentage of contracted land investment or production of animal products, meeting his business by himself or with his family and meeting other obligations including contract law.
B wildcard farm is linked to the agricultural employer written contract requirement giving agricultural employer cash allowance or broken eyes share of earned meet the land investment grant for himself or his family members and meet other obligations prescribed by the contract and the law.
Title II Organization of agricultural business relations chapter hold agricultural work Article 8a agricultural employer relations and agricultural workers a written contract.
Contract free three copies deposited one of the Directorate and give a copy to each of the parties to the contract.
B If a written contract free, working alone may prove his methods of proof.
C exempt these contracts from each draw or nature except agricultural character.
Article 9 shall not hiring agricultural worker for over five years and to reduce the duration of contracts concluded to it over the duration of the contract may be renewed upon its expiry.
Article 10 required in agricultural worker to be an adult at least 18 years of age.
With the exception of shepherds and light work provided that workers under the age of 15 years and to be used in a way that hiring guardians and the responsibility of those holy ones, light work is determined by a decision of the Minister to deal with the Union.
Article 11 the parties to implement the terms of the contract work sincerely and himself work working as professional and as instructed by the employer and not on behalf of others without the written consent of the employer.
Article 12 a Syrian workers treated the Arab workers in the application of the provisions of this law, the requirement to obtain leave from the Ministry.
By allowing foreign worker authorized to stay in working condition of reciprocity and receiving a working vacation.
Article 13 a test duration of employment contract and working may not be appointed on probation for more than three months or probationary more than once I have one employer and both parties are entitled to terminate the contract during this long without reward or warning.
B If the test expired and did not avoid the contract expressly considered in force since the beginning of its duration.
Article 14 the worker must: a be treated employer treated and to respect and implement the terms of the contract.
B to take care of the animals and machinery and tools entrusted to him.
Article 15 a an employer must treat his workers decently and to respect and implement the terms of the contract.
B the employer is bound by the moral protection for workers, especially juveniles and women.
Chapter II work of juveniles and women article 16 prohibits the employment of minors in agricultural work before they reach the age of 15 and not allowed to enter the workplace.
Article 17 prohibits the employment of juveniles in agribusiness before approval of the written zaobhm and these are: father and mother when absent father, or legal guardian when the absence Monday.
Prevents running events at night, it also prevents the employment of arduous work are not commensurate with their ages, and define hazing by a decision of the Minister to deal with the Union.
Article 19 employers and their agents are responsible for checking the ages of consent and confirmation events written employment zaobhm.
Article 20 prohibits the employment of women at night only in jobs specified by a decision of the Minister after the poll and the women's General Federation Union.
Article 21 a working women the right to maternity leave with pay for a period of 75 days preceding and the next, and this leave shall be granted on the basis of a duly authenticated medical certificate which shows the assets weighted history mode, this leave is given if the baby died.
B granting of wishes of pregnant workers additional maternity leave one month at 80% 80 percent of pay and without pay for another month.
Article 22 during the eight months following the birth of her baby nurse leave deserved for an hour on a single period or two periods, this leave is calculated from working hours and do not entail any reduction in pay.
Article 23 an employer shall not be separated from active work during maternity leave or during the period of her absence due to illness a medical certificate proving that, as a result of pregnancy or childbirth, he cannot return to work provided that the duration of her absence at the aggregate/180/days a year.
Section 24 criminal liability arising from the violation of the provisions of this chapter: 1 on events defined in article 17 of this law who allow their use or condone that, contrary to the provisions of this law.
2 employers, agents and their representatives if they use events or women contrary to the provisions of this law.
Chapter III in collective bargaining and the collective employment contract article 25 a collective bargaining is a negotiation between an employer or employers ' organization or more or more or more Union and on the other with a view to organizing collective action.
B the collective labour contract is a contract includes the Organization of agricultural working conditions and collective organization of customs and developed according to the principles of law and justice is held between the employer or more or one or more organization and Union of one or more of the other.
Article 26 the Ministry issued in agreement with the Ministry of agriculture and agrarian reform and the Union decide conditions of agricultural collective labour contract and how to conclude and terminate it and join it and ways to resolve disputes arising from it and related matters and to regulate this legal foundation.
Chapter IV article 27 wage paid agricultural worker is all he gets to meet his work whatsoever including remuneration in kind and included enclosures and bonuses of any kind except gratuities, whether pay daily, weekly, monthly, seasonally or annually or broken.
Article 28 shall not be less than the minimum wage of agricultural worker believes his basic expenses for living and helps him to cope with life.
Article 29 to determine the minimum wage in provincial centres constitute committees as follows: Director of Social Affairs and labour Chairman in conservative Union representative as a member of a representative of the Department of agriculture and agrarian reform conservative representative member representative of Member employers named a conservative agriculture Union representative member in the province as a member of the Commission proposals presented by the Executive Office in the province to make his observations and raise such proposals to the Ministry to make decisions that determine the minimum Wage.
Article 30 Committee should hold a session at least annually to determine minimum wages for each category of agricultural workers on the Committee before decisions to investigate and listen to the opinions of experienced.
Article 31 wages based on extensive can be maintained in the provinces determined on the basis of region or several regions.
Article 32 shall determine the minimum wage following elements: a the level of life in the region that determines for her in terms of food, clothing, medicine, housing, education and transport.
B the type of work and Karni.
Article 33 determines wages in cash, part of which may be identified with an image instead of the eye in cases where the payment of such commonplace allowance or desirable by the worker provided that this part is suitable for personal use and for the benefit of the worker and his family and the value calculated for such fair and reasonable allowance.
Article 34 working is entitled to require the employer to pay teams completing the minimum wage before the competent court.
Article 35 presents the minimum wage-fixing Committee any dispute on the interpretation or application of a specific wage tariffs in accordance with the provisions of this law.
Article 36 payment deadlines as follows: a daily fare paid days.
B weekly fare paid at the end of the week.
C monthly pay at the end of the month.
D seasonal fare paid as agreed and shall not be delayed payment in full for the end of seasonal employment remunerates after completion of the work.
E annual fare paid according to the terms of the contract, and if you do not specify how to pay in annual contracts and did not agree to pay premiums are distributed in annual wages paid to the worker (50%) 50% during the winter months from November first until the last April and (50%) The remaining 50 percent during the winter months from November first until the last April and (50%) The remaining 50% during the summer months from first May till the end of October.
And wages in the workplace and in one working day.
Article 37 the employer may lend future amounts calculated on working wages and is not entitled to receive interest on such advances, and resolved more than 10% of the wages of the worker of these advances.
Article 38 workers not applicable custody or Executive within the following limits: half pay for maintenance.
One third of the wages of the dowry.
(10) ten percent of pay other debts or cause whatsoever and does not collect these rates so varied and multiple creditors but is considered a top half wages, and the amounts required booked between beneficiaries depending on the proportions listed above.
No worker may waive part of their wages or to turn her encounter religion before coincide, but within a maximum of (10%) Ten percent of this reduction is in addition to the border and those that may be arrested in accordance with the provisions of the preceding article.
Article 40 applies to severance payments according to the provisions of this law and the same limits set forth in the preceding two articles for the reservation wage or waived.
Either the employer's predecessor his job right truncated the entirety of this bonus.
Article 41 a workers ' debts resulting from their employers arising out of their wages due is an excellent first-rate debt in accordance with the provisions of the civil code.
B in the event of the employer's bankruptcy or insolvency debt recorded month as excellent debt to pay their share of expedited tied three months wages due to every employee before any alimony or draw.
C give the same privilege to debts arising from severance pay, accelerated disbursement of part of May.
Chapter v duration of work and vacations article 42 specifies the working hours for agricultural workers eight hours a day and forty-eight hours a week and the Minister may increase daily working hours one hour during harvesting and light work reduced hours in hazardous work, to identify its own decision after EU opinion poll.
Article 43 specifies the working hours of workers assigned to service animals and poultry breeding and rearing silk workers, bees and fish and lookouts and plant guards and agents of employers and work associated with agricultural work by the Minister after the poll, Ministry of agriculture and agrarian reform and the Union. So taking article/24/.
Article 44 when daily working hours exceed six consecutive hours the employer must give his workers after four hours of work a break of not less than one hour do not enter in the calculation of working hours. We must not less than nine consecutive hours night rest, if the employer had work to workers at night, you should give them a nine-day rest consecutive hours at least.
Article 45 employers may occupy their workers over the limit provided for in article/42/of this law provided that all conditions of work hours exceed 12 hours a day, the employer must give the worker in this case extra parallels the taxi which he deserved for the additional period plus (25%) 25% at least of the daytime working hours and 50%// And at least 50% of the working hours tonight.
If work on weekly rest as remuneration in this case two and a half times of day and night work are determined by the Minister after the Union survey.
Article 46 gives the workers remunerated weekly rest of at least 24 hours after six working days are connected, and in special cases may postpone the weekly rest period of seven days at most to be added to the next weekly rest, employers may choose to rest day downloads and accord him the workers alternately by the exigencies of the service.
Article 47 employer may in critical situations or emergency circumstances, force majeure declared non-compliance with what stated in the previous articles that teaches writing administrative area manager and forwards it to the Directorate and not exceed this time period necessary to reset to what it was.
Article 48 a worker the right to paid annual leave for three weeks, and no worker may waive his vacation this employer is entitled to choose date just leave the exigencies or conferred by rotation in order to secure proper functioning, and an employer shall not dismiss the worker during such leave or disquiet demobilization nor the employee may impact his leave to leave his service without warning and if he did he was responsible for compensation of damage.
B the employer shall be entitled to annual leave to take hash in batches and keep working right to benefit from ongoing leave of no less than one week in the year, this provision applies to the leave planned for events.
Article 49 if the contract provides for meal allowance is added to the working feed fare in cash or in kind, which the worker deserves during annual leave as if eating the employer determines the allowance each year by a decision of the Commission on minimum wage.
Article 50 if the necessities of the work without the use of worker in a given year include annual leave holidays in subsequent year or compensate his employer paid.
Article 51 shall not accumulate more than two years and leave the employer liquidated in kind or in cash before the end of this period.
Article 52 the cash allowance is calculated for accumulated leave based on the last wage earned before the date of entitlement filter working.
Article 53 every worker refrain from using his leave at the time specified by the employer or does not agree with him on modification date or be attached to subsequent leave loses in cash instead.
Article 54 gives annual holiday vacation working only exceeds the number of paid holidays holidays eleven days per year and the employer if the worker's absence will lead to damage to the work be postponed this weekend to pay the worker paid double don't use them in kind, these days by a decision of the Minister to deal with the Union.
Article 55 a contractor working for an indefinite period or who worked for the employer for a period of six months or more when his illness in an official report from a certified doctor right to remunerated/70/ Seventy percent of the fare for the first 90 days then increased to 80%/ Eighty percent of the following ninety days during one year.
B the employer shall not dismiss or warn them about demobilization during a period of sick leave.
Article 56 of the worker who spent at work for a minimum of six months the right to marriage leave with full pay for a period of seven days as when the death of one of the ascendants, brothers or sisters or wives and the duration of such leave does not enter into the calculation of annual leave.
Chapter vi in health services and housing article 57
The employer must provide medical aid means workers at the facility, and if it uses fifty workers in one village or one centre that provides health services to child labour as follows: a contract at his expense with a private doctor is visiting workers at the duty station at least twice a month to inspect Health Affairs at work and in public housing, and previews and treatment of patients and give them medical reports when needed , And also address workers ' families meet fares not exceeding 50%// Fifty percent of wage approved by Ministry of health.
B uses a special nurse expense resides in the village or in the work center and devote attention to administrative health workers under the supervision of a doctor, puts at his disposal bag containing drugs and tools for first aid, and identify tools and types of medication by the Minister after the Health Ministry survey.
C sick workers at his expense to the doctor or to the hospital when spotted and treated.
Article 58 an employer who engages in agricultural produce occupational diseases to provide periodic medical examinations for workers every three months, these actions by the Minister after the Union Health Ministry survey.
Article 59 whether contract terms covering housing, which must have health and social conditions are available in regular housing for villagers.
B determine the decision of the Minister and the areas where employers provide housing for workers.
Article 60, prescribed by the Minister after the Health Ministry survey conditions and facilities that must be available in the home.
Article 61 the worker must take care of the House and make sure it is clean and avoids anything that might damage or vandalism, his furniture and its specifics mentioned therein.
Article 62 need workers who are not living with their families to evacuate their homes by employers upon termination of the business relationship with them.
Article 63 need workers who live with their families in their eviction from their employers within not more than two months from the end of the business relationship with them, if the working contract with another employer during this period it is necessary to vacate no later than a week from the date of the contract, and as judge magistrate issued interim relief during the month of filing an eviction decision enjoy expedited access.
Article 64 in the event of the death of his family members must factor residing with him vacate within two months the Directorate can, if unable to find a House for this family that extend the period up to three months, and have given a family of workers injured in a fatal accident, an additional three months.
Article 65 employers house repair list when this law in accordance with the terms contained in the regulations issued pursuant thereto within one year of the date of issuance.
Chapter VII termination of the employment relationship article 66 agricultural labor contract ends with the expiry or the completion of the work contract.
Article 67 the parties to the contract may agree in writing to terminate the employment contract at any time.
Article 68 a if its agricultural work relationship for an indefinite period since starting work until the work of harvesting the crops, it is not permissible for an employer that threatens to end this relationship working or terminated before the end of the current agricultural year, except in the cases provided for in article 69 of this law.
B If the relationship mentioned in paragraph a of this article throughout the season, an unemployed worker not be alarming my employer to end this relationship or termination before the end of the harvest with, except in the cases provided for in article 74 of this law, an unemployed season means the days and months that followed land and predate yield and harvesting, and generally remain agricultural working days without work.
C defines unemployed season by the Minister after the poll, Ministry of agriculture and agrarian reform and the Union.
Article 69 the employer shall not indefinite contract without warning and working without remuneration, except in the following cases: 1 if the incorrect character working plagiarize or provided false certificates.
2 If a certain factor under test.
3 if he commits an error factor resulted in material loss autosomal employer requirement to inform the Directorate incident during/24/hour of its history.
4. If working did not comply with the instructions to be followed for safety and plantation crops and animals and protect them from damage while being warned in writing.
5 If the worker is absent without legitimate reason acres of twenty days per year or more than 10 consecutive days that precede the termination of the employment relationship written warning from the employer to the worker after absence of ten days in the first case and snapped five days.
6 If the worker to perform essential obligations under the employment contract despite a warning in writing.
7 if the worker was sentenced by Decree obtained peremptory class a misdemeanour or a diamond honor or honesty or morality.
8 if at work intoxicated or affected by what else of narcotic substance.
9 If the working of a physical attack on the employer or his agent or Manager at work or because of him.
Article 70 of the ominous demobilization stage or working contrary to article/69/of this law may request the competent court cease demobilization within fifteen days from the date of notice, demobilization or DDR alert.
Article 71 if the employer working disbanded after rejecting the competent court requesting demobilization or resorted to layoffs without showing it to the competent court is required to pay the minimum wage worker/80%/ Eighty percent of the actual fare, whichever is more.
B at the request of the Directorate organizes the worker a monthly wages due under the previous paragraph this table from the President of the Court and is enforceable by execution departments and no objection may be made to the implementation of any quarter, and continues organizing these tables until the justice shall, when refusing to eliminate the employer refused demobilization re working to continue working cab through the tables to initiate another job. Or works for another employer.
If working did not request the work necessary by contract or gross dereliction Palace business implications an employer after being warned that such acts himself or by others and is all spent on the offending factor or negligent acts before the competent court.
Article 73 all alarms exchanged between parties involved in the application of the provisions of this law are written by old writers chosen or municipality or registered mail or postcard convertible or the head of the police station.
Article 74 worker may quit before the end of the decade without warning employer deserves compensation in the following cases: 1 if the employer or his representative has committed fraud or defalcation retirement time with regard to working conditions.
2 If the employer or his representative about the worker according to obligations the provisions of this law and the contract.
3 if committed by or on behalf of the employer is in breach of etiquette towards the worker or a member of his family.
4 If the employer or their designee a physical attack on the worker.
5. If the contractor working invited unlimited contract to perform compulsory military service, in this case to request termination of the contract and get a bonus for the duration of his service or invoke rules specific to this service.
Article 75 a if the employment contract has expired or was canceled by the employer in indefinite contracts or under the preceding articles of this law the employer shall lead to the bonus factor for the length of service is calculated based on wage for each year of service, you deserve a reward for fractions by judges including , A bonus is calculated on the basis of the insured's last monthly wage.
B estimated benefits in kind within the definition of salary in years worth of work is finished.
Article 76 the worker is entitled to severance pay if you haven't finished the service of the employer, if the latter has paid the worker actions, particularly unfair treatment and violating the terms of the contract to be a factor in the phenomenon had been terminated that contract, as well as working less Center transfer feature or appropriateness of the Center which was occupied for no fault of sorceries, and is not arbitrary if required working interest , But also if it is child abuse.
Article 77 the employer shall not dismiss the contractor working for a specific period before the expiry of this term only by mutual consent or if the worker has committed one of the cases provided for in article 69/of this law, and otherwise working worth Theater fare for the remainder of the Decade.
Article 78 in the event of death due to non-emergency work deserves his compensation was entitled on termination of service (deceased family consisted of husband and wife or wives and children and dependants of binding without other relatives) this does not include compensation for deceased estate but gives of dependent family was already involved with this article, among family members baby if born alive and divide them evenly.
Article 79 the employer ceased to compelling reason for pursuing his work doesn't make that solution resulting from the obligations laid down in this chapter. If you change the status of the employer or his project as a shared heritage or sell or convert project or land to another person or merging with another project or other lands the previous labor contracts with its rights and obligations transferred to the new employer.
Article 80 Arab workers on termination of the same rights as Syrian workers either foreign workers are treated as Arab workers also if the laws of their country treated Syrian workers.
Article 81 falls of workers and their dependants to claim compensation prescribed in this chapter after five years without a legitimate excuse on the due date.
Article 82 unworthy severance compensation factor for the year in which the crash did force majeure over half a normal crop land, or the death of more than half the herd working sponsored if the owner did not give compensation.
Article 83 if contracted worker resigned for unspecified deserves the reward provided for in article 75 of this law for: a third of the reward if his term over the years and has five years.
B two-thirds of the bonus so I didn't report served ten years.
C full bonus so I told on his ten years and more.
Article 84 the employer is entitled to a damage of working left without his consent to requesting damages claiming tournament before the competent court within one month from the date of leaving working. And separating these urgent proceedings subject to the provisions of article 145 of the Act.
B when the compensation proceedings, stop paying compensation to the worker until the hearing decision.
C an employer when he judged his compensation to met by the compensation payable to the worker.
Chapter VIII occupational health and safety article 85 the employer or their designee to working notes before using it risks his career and means of prevention should be taken.
Article 86 applies the provisions of the Social Security Act in force and its amendments to the workers and employers who use four more workers, fixed-term contracts or annual contracts, workmen's compensation, apply to all agricultural workers, whatever the nature of the work engaged whatever the employer number.
Article 87 every employer must take the necessary precautions to protect workers during work of health damage and dangers of working machinery and tools. The employer may not carry workers or cut into their pay any amount for this protection. The Minister issued the decisions necessary to organize these precautions after poll the Ministry of agriculture and agrarian reform, the Health Ministry and the Union.
Title III chapter I definitions of farm land quality article 88 collective farmer contract is a contract includes the regulation of the conditions of the collective farmer and regulate current according to principles and developing norms of law and justice.
Article 89 the farmer may use farm workers to assist the section in accomplishing its work.
Article 90 is intended to land quality in the application of this law stood when contracting on its investment.
Article 91 if multiple types per plot in decide dispute over quality to the competent court in accordance with the provisions of this law and regulations and customs.
Article 92 specifies the types of agricultural land that will impact on contract terms and quotas and duties of contractors and their obligations as follows: 1-fed land: a land that Troy rainwater only whether good or not good, whether it's summer or winter season.
Pasture land and grassland and livestock grazing land designated alhasid whether arable or invalid.
C land of the rugged, mountain pastures and not suitable for agriculture.
2 irrigated land: irrigated land and watered by running water without mediation.
B land watered by running water by search engines, whether fixed or mobile.
C land irrigated by groundwater, whether permanent or intermittent.
Dr Grove land prepared for planting vegetables or vegetables and fruit trees together and model farms and centers of domestication of animal and plant nurseries and flower gardens.
3 land of vines: woodlands include bgharas.
4 forest lands: land defeats any kind of trees and shrubs and bushes and the stars and the seedlings and grasses listed forestry law.
Chapter II contract and contractor duties Article 93 for the Union to be held with employers collective farmer agreements in accordance with the provisions of the agricultural chapter III of title II of this law.
B under the farmers ' agricultural employers relationships of agricultural labour inspection in accordance with the provisions contained in chapter I of title IV of this law.
C is for farmers as agricultural workers in the application of the provisions on health and housing services contained in this law.
Article 94 once the nodes are exchanged between the parties expressing identical wills, taking into account established by law.
Article 95 a pacta sunt servanda cannot be revoked nor amended only by agreement of the parties or for reasons determined by law.
B must perform the contract according to which included him in a manner consistent with the requirement of good faith.
C If a clear contract clause may not deviate by interpreting for discerning the will of the contractors.
Article 96 a sharecropping contract binding on contractors during the contract period or extended in all the contents of the rights and obligations as pacta sunt servanda.
B governing the contracts between employer and farms in writing four copies each retains one copy and the third copy shall be deposited with the fourth Directorate Directorate of social insurance.
C such contracts must contain the following data: the identity of contractors.
Address of each.
Signature or fingerprint.
Legal representative if present and document it.
Descriptions of the Earth describes precluding obscurantism.
Contract duration and place his signature.
D the Minister shall issue instructions governing the deposit and how to register.
Article 97 a sharecropping contract is structured after the entry into force of this law, the Registrar in accordance with the provisions of the preceding article and documented by the Director of Social Affairs and labour supporting, Executive support provided for in article 273 of the code of procedure of agricultural employer is entitled to recover his land upon expiration of the plantation Jabra through implementation in the Department of real estate.
B systematic contract under the provisions of this law and did not record assets, subject to prove and claim its provisions of the evidence Act and code of procedure.
Article 98 a sharecropping contract takes place in the land of different types for a specific duration and end with a contract of unlimited duration.
B shall renew a contract farmer or extended more than once and do not turn the contract however renewed or extended to an indefinite contract.
C failing agreement on the duration or could not prove the alleged duration of contract is determined for one farm in this case ends the contract at the request of one of the contractors if he other Contracting warned three months before the end of the year, taking into account the right of the farmer in his share of the crop, according to custom.
Article 99 a contract impact went back and General contractors, without prejudice to the rules concerning inheritance appears from the contract or the nature of the deal or the letter of the law to this effect doesn't go back.
B back in General to be agricultural work is the dominant trait on his activity and his work.
Article 100 does not alter the terms of the contract contract property transfer in accordance with the provisions of this law from employer to another regardless of the type of disposition (sale, purchase, donation, legacy, apportionment or any other), whether natural or legal person back personally.
Article 101 if the previous decade established personal rights or obligations relating to the property subject to contract who moved to the private successor rights and obligations passed to this backward in time which moves the property mechanism constrained by all sorts of behaviors.
Article 102 rests with the farmer or partner allowance the following duties: a guarded land and consequently maintain its facilities and placed under his supervision or for agricultural purposes of graduate and tools.
B home care which recognizes him and make sure it is clean and avoid all damage and vandalism and his furniture and its specifics mentioned therein.
C animal care entrusted to him.
D implementation of contract farming.
Work to keep the land suitable for production and use of effects and invested in accordance with the General State plan and instructions that maintain the degree of fertility.
And maintenance channels and sinks within the farm land.
G to do agricultural work or with family members and may not take a partner or contract with other farms. Under penalty of dissolution of a farmer.
Article 103, except from the text of paragraph of the preceding article/g/farmer may entrust the agricultural work for someone else able and suitable whether absent a legitimate absence and ending this case ruled by the return of principal.
B define the project duration absences from the Minister's decision in agreement with the Union.
Article 104 agriculture rests with the employer the following duties: a to enable the farmer of land investment theme of the Decade.
B housing renovation and repair farms is recognized whenever!
C implementation of obligations in the contract.
D channel maintenance beyond banks and farm land.
Its commitment to implement the General Plan of the State in agriculture.
Article 105 if any of the contractors doing the law or contract obligations of each Party shall be entitled to be undertaken at the expense of the other after being warned in accordance with the provisions of article 73 of this law and to return him to what he spent in compensation that had him under the competent court and relieved by directing emergency warning.
Article 106, an employer of agricultural work (owner) three years after the date of entry into force of this law, the competent judicial review to recover his land contracted under the provisions of Act No 134 of 1958 and its amendments from farms free of concerns, occupants for an estimated compensation claim history after valuation by the competent court by experience according to the following proportions if the land area allow retail :
ـ /2%/ For each year of the farmer who mazarath years exceeded three years and at least 20%// And no more than 40%// Of vacant land.
B gives the farmer owns the space between paragraph a above or monetary compensation as will experience about this space and according to popular history claim prices, and on farms to make another payment before any else fell right into it.
C define the indivisible land by decision of the Council of Ministers upon proposal by the Minister after the poll, Ministry of agriculture and agrarian reform and the Union.
D if the farm land area does not allow retail, farm cash compensation is granted in accordance with the proportions specified in the previous paragraph a of this article.
E committed farmer who sentenced Earth response delivered with housing and its accessories and livestock and water resource center and others if the list in the land it farms within six months from the date of acquisition of peremptory class rule free of concerns, occupants.
And in the event of non-payment of agricultural employer for compensation under an injunction by a circle during the six months it loses its concession is about right to my recovery.
Article 107 shall contract the farmer with the consent of the parties under the written contract governing the contract in three copies each of the parties a copy of the third version is deposited into the Directorate after documented by the Director.
Article 108 a if the contract is avoided by the will of one of the Contracting Parties during the contract period or extended without legal justification, the other party may review the competent court for an expedited resolution stopped with the force of law and then kill it and return to the way it was with the compensation that was his virtue.
B to sue contractors affected by the moratorium and heroes within six months from the date of notice of avoidance under pain of falling.
Article 109 of the employer requested the avoidance of the contract before the expiry of the extended or by reviewing the competent court in the following cases: 1 if the right to farm the land damage as no longer suitable for agriculture.
2 If the crop farms damaged or deliberately planted trees and proved it by Decree obtained deterministic class.
3 If the farmer showed incompetence by its inability to secure a similar season to produce an adjacent land where the same descriptions and locations provided that exceed productivity decrease crop/25%/ Twenty-five percent of production land or be the origin of this decrease is due to factors beyond the farm.
4 If the non-farm because the agreed space cultivation project of Earth.
5 If a bad credit judgement acquired farms peremptory class.
6 If the farmer is delayed three months to pay the rent on time or track deliver the employer share of production after harvest or after receiving the value share of public sector actors do some crops.
7 if the quality of the land and the farmer was unable to invest as required by the new owner may request the dissolution of a farmer from the area over the possibility of farm investment and competent court decides this request with compensation.
Article 110 1 sharecropping contract is open for annulment at the request of the owner if the owner or farmer benefited from territory to State property or land reform back to the competent court to decide this final demand compensation.
2 If the regulatory area included under the law regulating and Imran cities croplands entail rights for a farmer to participate or allowance is holding a farmer torn between sides wholly or partly by regulation coverage of all or part of the land they farm the farmer paid compensation from the regulatory area account capacity/2%/ 2 percent for each year of the farmer may not exceed 30%// 30% of the value of plots however many years the farmer this compensation is estimated by the competent judicial authority, and as a result was worth the mazarath farms subdivision for listed at the beginning of this paragraph.
3 If the agricultural land acquisition entails the rights of farmers to participate or sharecropping contract is considered allowance split between the parties fully or partly as cover for acquisition of all or part of their farm land, and pay the expropriated farmer compensation in this case 2% two percent of eminent domain allowance for each year of the farmer may not exceed 30% 30% of an important acquisition allowance many years the farmer if customizing the owner kind of alternative land for the land it farms enrolled farms In this ground.
Sharecropping contracts are 4 to participate or previous allowance for land reclamation operations suspended during the reclamation and resume farming raised these contracts as of the date of the decision of the Minister of irrigation, reclamation and closure after distribution of reclaimed land joining farm land that the specialized agricultural work.
Article 111 shall not prevent disputes or lawsuits that arise between the employer and farms without their respective obligations in accordance with the provisions of the law and the terms of the contract.
Chapter III classification of agricultural investment relations article 112
The Ministry publishes a periodic resolutions designating agricultural investment in each province based on case studies prepared by the committees that make up for this purpose and to the opinion of the Ministry of agriculture and agrarian reform.
B participate in classification committees delegates from conservative social affairs departments of agriculture and agrarian reform and Agricultural Organization Office of peasants and agriculture, are involved in the Ministry's central classification Committee representatives from the ministries of Social Affairs, labour, agriculture, agrarian reform and a Union of country peasants and peasant's Office and Union of agricultural chambers.
C Sub classification committees classification Committee members and compensation determined central classification procedures and spatial scope of the Minister's decisions.
Article 113 a Taxonomy deals with determining the cost of each element of the agricultural investment in various crops and the percentage of this cost to agricultural classification also addresses total cost determine the start and end of the agricultural year crop rotation.
B classification decisions are the basis for determining the share of employer and farms of full production by the contribution of each agricultural costs (working capital) taking into account the share of land or legal agreement which is better for farms and refer to classification decisions in solving agricultural disputes taken out before the competent court.
Chapter IV article 114 share if the share farmer held both the owner and the farmer partner applies the following articles: article 115 the share owner of total production for the Earth according to the following ratios:-20%/ 20% when contracting for land.
-25%/ Twenty-five percent when irrigated land contracting.
/20%/ 20% when contracting for irrigated land by mediation.
Article 116 the share of farms only work meeting partner according to the following ratios: 40%/ Forty percent of production in irrigated land intended for the cultivation of cotton.
-50%/ Fifty percent of the irrigated land prepared for planting vegetables.
/45%/ Forty five percent of rain-fed land prepared for planting vegetables.
Article 117 a share partner farms orchard of fruit trees which amounted to fruiting for vegetables/30%/ 30% of the fruit trees and/50%/ Fifty percent of the vegetables and the rest with its meeting only.
B be a farm share partner in citrus groves/65%/ Sixty-five percent of olive groves and production/60%/ Sixty percent of production and other fruit tree orchards/55%/ Fifty-five percent of production, and for the resurrection of all agricultural operations.
Article 118 be farm share partner in land planted with fruitless/50%/ Fifty percent of the value of these trees in the irrigated land and/30%/ Thirty percent of their value in rain-fed meeting having all agricultural operations article 119 share partner farms according to the following ratios: a rainfed land intended for the cultivation of tobacco and cigarettes company 80% 80 percent of production work and costs.
B in the irrigated land intended for the cultivation of tobacco and cigarettes company 80% 80 percent of production work and costs.
C in the rainfed land planted with Mulberry devoted to raising silk 80% 80 percent of production work and costs.
Article 120 farms share allowance equal to the value of in kind share specified in the preceding articles of this chapter, and in the event of disagreement in the estimate referred to in the previous articles you decide to eliminate.
Article 121 a license must be granted by the competent departments for farm work under the license name of farms in addition to agricultural employer's name.
B charges both agricultural and farm employer share of production price directly from the relevant government departments.
Article 122 shall receive partner farms waste or crop residue value equivalent share of production price unless there is a written agreement required giving more farms.
Article 123 the provisions for pasture by the Minister after the poll, Ministry of agriculture and agrarian reform and the Union.
The fourth door in search of agricultural work and resolve differences first chapter in agricultural labour inspection labour inspection services, article 124 associated agricultural Ministry practice the following terms concerning labour inspection in agriculture: a monitor the application of provisions and provisions for the protection of workers, farmers and agricultural employers in particular as regards working hours, wages, medical care and annual leave, health, holidays and weekends and work of juveniles and women, contracts and collective labour contracts.
B ensure the technical precautions for work on machinery, agricultural machinery and application control instructions.
C monitor the health conditions in housing workers and farmers by agricultural employers.
D contributing to studies and statistics on business and agricultural workers and farmers and agricultural employers and their working conditions.
Provide agricultural employers and agricultural workers and farmers with information and guidance on the application of and adherence to legal provisions.
And contribute to the field investigations relating to serious accidents at work and occupational illnesses and protect workers from the hazards of the job.
G propose appropriate measures to improve the labour inspection system.
Article 125 a farm inspection system applies provided for in this chapter to workplaces and agricultural investment and maintenance and repair workshops and agricultural enterprises and work associated with agricultural work in which it operates: 1 participating farmers or wildcard 2 farm workers.
3 members of the family of agricultural employer associated with contracts of employment or contracts farmer.
B prescribed by the Minister and other similar groups in her circumstances for farm workers and farmers that include agricultural labour inspection provisions provided for in this chapter.
Prescribed by the Minister after the local administration ministries survey, environment, health and agriculture, agrarian reform and social insurance institution preventive censorship rules on agricultural enterprises and control materials and methods used in the handling and processing of agricultural products or products that are related to agriculture, which would threaten the occupational health and safety.
Article 127 agricultural labour inspector authorizes a competent to request the necessary measures that will remove the imperfections that are checked in the facility and in the arrangements or methods in agricultural institutions, including the use of hazardous materials within a fixed period in accordance with the instructions laid down by the Ministry in this regard especially if the continued existence of these shortcomings pose a threat to workers ' health and safety.
B to agricultural labour inspector may request as instructed by the Ministry necessary modifications in established tools, fixtures and equipment for labour safety particular notice.
C inspection Chamber may, after obtaining the approval of the Governor to suspend request at the facility immediately in the event of imminent danger that threatens the health and safety of workers and continue the moratorium until the required modifications.
D the employer objected to the proceedings before the competent court.
Article 128 has to draw the attention of the employer or his agent and representatives of workers and farmers to infractions verified by the Inspector during his visit and the measures taken, request.
Article 129 a the employer must inform the agricultural labour inspectorate during three days of work injuries and occupational diseases suffered by agricultural workers and farmers had workers.
B to whom to investigate accidents at work immediate inspection service risk injury and send a copy of the investigation after the codification and adjust them notify the competent branch of the social insurance institution copy of exactly the work injury.
Article 130 on agricultural labour inspector to learn agricultural employer or his representative and the workers or their representatives attending when visitation unless such alarm hurt the benefit of the visit.
Article 131, entitled agricultural labour inspector with documents methods of investigation and surveillance, which he considers necessary to ensure the application of the legal provisions in force and in particular: 1 ask questions to both agricultural employer and agricultural workers and farmers together or individually on matters relating to the application of legal provisions.
2 access to books and records and documents maintained by agricultural employers to organise agricultural workers and farmers.
3 samples of crops and materials used or traded to the analysis provided to the agricultural employer knows or actress so immediately or in writing.
Article 132 the agricultural employers and their agents, agricultural workers, farmers and their representatives to facilitate agricultural labour inspectors and personnel functions mandated to them inspect agricultural work and provide them with an honest and accurate information regarding their duties.
Article 133 on agricultural labour inspectorates to support government departments and official bodies and administrative commissions entrusted with tasks related to inspecting agricultural work or of a similar nature and provide the necessary facilities for the performance of their functions.
Article 134 the administrative authorities to help agricultural labour inspectors and employees assigned to them when they searched agricultural work their jobs effective assistance and law enforcement forces to provide the necessary support to carry out their tasks.
Article 135 investigations carried out by the agricultural inspection services in the presence of a representative of the Union.
Article 136 a labour inspector shall carry out its tasks in accordance with the agricultural Ministry and help steer his superiors and in a spirit of cooperation with agricultural workers, farmers and agricultural employers and their representatives and organizations.
B agricultural labour inspectors lead before assuming their posts the following oath before the competent judicial authority in their area once (I swear by Allah the Almighty to do my duties honestly and faithfully, but divulges secret of trade secrets or agricultural work which had seen it by virtue of my job).
Article 137 agricultural labour inspector must take into account the following under penalty of Penal and disciplinary sanctions.
Not to get benefits or materials for his own interest, directly or indirectly, of business and institutions under its supervision.
B not to disclose any secret work during which he exercised his work even after leaving work.
C not to disclose the source of any complaint indicating the contrary in established and working methods or breach of legal provisions and not to disclose to the employer or his representative that agricultural visitation took place as a result of a complaint.
Article 138 provides agricultural labour inspector card prove as while he was on duty.
Article 139 a subject to the provisions of article/128/of offending this law threatens the first time and asks him to avoid offense, committed and agricultural labour inspector may in simple cases mere oral rectification must be alert and refers to this in his wake.
B in case of a repeat offence regulated agricultural labour inspector restraint contrary to two copies one reservation I have competent inspection service and the second is transmitted to the competent court assets.
Article 140 is considered agricultural labour inspector of police officers in the application of the provisions of this law.
Article 141 on agricultural labour inspectorates to prepare reports on their inspections every six months.
B lift up a copy of the report to both the Ministry and the Executive Office of the provincial Council.
C this report as a model put the Ministry and includes information and data specified by a decision of the Minister.
Chapter II resolve differences when 142 article agricultural disagreement between both sides of the relationship the aggrieved party is entitled to agricultural progress complained to the Department that attempts to solve the dispute administratively between conflicting parties in accordance with the provisions of this law and the Union representative must be involved sticking in its area.
Consider the reconciliation concluded instruments before reliable Directorate of Social Affairs and employment as a result of differences of executable official attribution in accordance with the provisions of the code of procedure.
Article 144 if you cannot resolve the dispute administratively resolves to both parties apply a fundamentalist lawsuit directly before the competent court.
Article 145 competence of the magistrate's consideration of all agricultural disputes arising from the investment of agricultural land and that no property whatever in the parties to the dispute and the type of contractual relationship including claims of almgharsh relations and warranty and sale of fruits and agricultural crops and provisions shall be subject to appeal to the Court of Cassation and the suspensive effect.
Article 146 the Union may intervene as a party is bound to the farmer in any proceedings relating to the holding of the farmer.
Chapter III in article almgharsh 147 almgharsh is a contract whereby one end undertakes to provide land for the other party who undertakes to be planted and the balgharas care until the expiration date for that party owns a percentage of land planted.
Article 148 if the contract partner almghars share 40% share would be 40 percent of the land and trees in contracts made after the issuance of this law and do not install these contracts only with the written evidence.
Article 149, falls to the almghars provide required agricultural operations and each planter to adulthood fruiting se planter service as for the values of control and fertilizer materials rests with the teams all by his cut.
B llmghars almgharsh land farming are entitled to appropriate plant llagharas almghars share is not less than 50% fifty percent of recipients if contracted to another and consistent with classification decisions and the Minister shall issue a decision fixing these plantings in agreement with the Ministry of agriculture and agrarian reform and the Union.
Article 150 end almgharsh contract expire and have the landlord within one year from the expiration of the almgharsh to empty before the Chambers competent real estate llmghars for statutory or share in the contract and in the liberated areas, the owner must register for himself and then a vacuum llmghars about his share.
And if almghars its obligations during the first two years of the start of the Decade, only holding the almgharsh carried almgharsh in accordance with the terms of the contract and the technical assets approved for agriculture provided that the almghars might instill at least 50% of the entire earth.
Article 151 does not turn almagarsa held after expiry to hold only terminal agreement and farmer written contract.
B turn the almgharsh held a contract farmer for a share owner if the owner void of reason during two years of the end of the Decade almgharsh provided that the almghars had performed its obligations under the contract or be patient and hold farmer at almghars share space, and take each section investment return him from Earth.
Chapter IV sell fruits article 152 guarantee a sale whereby the seller committed contract fruit to the responsible buyer can benefit from the fruits of trees or land acreage for a season for a price in cash and general rules applied and don't turn this decade to hold farmer.
Article 153 the General rules apply to a contract for the sale of fruit and with all unless stipulated in this law.
Title v General provisions and penalties chapter one in penalties Article 154 punishes anyone who contravenes the provisions of chapter I, II and IV of title II and chapter III of this law, a fine of between two thousand and seven thousand SP fine doubled when a repeat offence.
Article 155: anyone who violates the provisions of chapter v of part II of this Act, a fine of between two thousand and five thousand SP fine doubled when a repeat offence.
Article 156 punishes anyone who contravenes the provisions of Chapter vi of title II of this law on health services by a fine of between two thousand and five thousand pounds.
Article 157: anyone who violates the provisions of Chapter VII of title II of this Act, a fine of between two thousand and five thousand pounds and doubled the fine in case of repetition.
Article 158 shall be punished by a fine of between five thousand and ten thousand SP SP each employer sharecropping annulled or out a farmer has or family member or his or her current land supply mazarath and accessories, contrary to the provisions of this law and the contract between the parties and the forces of officer re course.
Article 159 is punishable by a fine of between two thousand and five thousand pounds each of agricultural labour inspectors anyone mind to do his job in the event of redundancy the fine is doubled if not recalcitrant employer or agents or the penalties are doubled.
Article 160 punishes anyone who contravenes the provisions of this law violation which provided special penalty penalty of between 500 and 1000 SP and the fine is doubled if repeated within two years.
Article 161 shall not prevent the application of the penalties prescribed in this law without applying penalties prescribed in the Penal Code or in other laws to acts or offences themselves.
Chapter II general provisions article 162 is void each condition contrary to the provisions of this law unless it was more beneficial for the worker, it is void all reconciliation or healing or waive the rights arising from the employment contract in force or within two months from the expiry date if it violates the provisions of this law.
Article 163 parties to the relationship existing before the entry into force of this law, agricultural reconciliation of the diverse situations in conformity with its provisions within one year of the effect by their Department to document their relationships if proved in the case of dispute, leaving it to the competent court.
Article 164 is excluded from the application of the provisions of this law: a nodal nodal and relationship between the State and the people on the territory of State property and land of agrarian reform.
B Streptococcus Streptococcus and relationship between users of the territory of State property or land and agrarian reform only if non-agricultural workers or farm labour contractors with the beneficiary.
C family investments between family members and agricultural investments where the agricultural employer and his family members and include family: husband and wife, ascendants and descendants, brothers and sisters and their descendants, collaterals.
With the exception of articles 16 and 20 of this law agricultural workers who do farm work in these investments.
Article 165 the proceedings remain pending before the competent authorities on their current and keep them in their vision and adjudicated in accordance with the provisions of the previous law suits that are held after the entry into force of this law, subject to its provisions.
Article 166 eliminates the law No 134 of 1958, as amended, and the provisions of the civil code and the provisions of the code and other related laws at all unless stipulated in this law.
Article 167 this law shall be published in the Official Gazette on 17-11-1425 29-12-2004 m President Bashar Al-Assad
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