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The 2001 78 Law Containing The Social Security Amendment Act

Original Language Title: القانون 78 لعام 2001 المتضمن تعديل قانون التأمينات الاجتماعية

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Act No. 78 of 2001 amending the Social Insurance Act


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Act No. 78 of 2001
Date-birth: 2001-12-31 History-Hjri: 1422-10-16
Published as: 2001-12-31
Section: A law.

Information on this Act:
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Law No. 78 of 2001
Amendment to the Social Insurance Law

President
Based on the Constitution
As approved by the People's Assembly at its meeting held on 15 -10-1422 A.H. 30-12-12-2001,

The following are issued:

Article 1 /

Amend paragraphs (c) and (g) of Article 1 / Social Insurance Act 92 of 1959 Its amendments are as follows:

c. by injury of work, injury to one of the occupational diseases shown in schedule/1/elbow or injury as a result of an accident during the performance, cause or cause of the work, and heart and brain injuries resulting from the functional effort are considered injuries when the conditions and rules are in place to be issued by the Minister of Social Affairs and Labour in agreement with the Minister of Health on the proposal of the board of directors of the institution. In the judgement of injury, every accident occurs to the insured during the period of his or her return to work or return from him, regardless of the means of communication, provided that the return and return shall be without a stop, failure or deviation from the natural route.

g. Remuneration:
1. The remuneration provided for in article 79, paragraph (a), of the Basic Law for Workers of the State (1) /1985 for the drinks provided by the provisions of the Act, taking into account the provisions of article 6/of Legislative Decree No. 8/Date/2/10/1995 .
2. Lump salary for categories excluded from the provisions of the Basic Law for State Workers.
3. Remuneration provided for in Article/3 / Labour Act No./91 /1959th and amendments for categories not covered by the provisions of earlier paragraphs/1 and /

Article 2 /

1. Amend the text of article/2 of the Social Insurance Act No. 92 of /1959th and its amendments and become as follows: Article/2/2 while retaining the provisions on the pension rights of holders of office and the members of the People's Assembly in the laws in force applicable to the provisions of this Law Next Sets:

a. Workers subject to the provisions of the Basic Law of Workers of the State (1/1985).
b. The judges of the Government and the prosecution, subject to the Law of the Judiciary, the judges of the Supreme Constitutional Court, the judges of the State Council and the State Attorney.
c. Workers assigned to the Agency in accordance with the provisions of the Basic Law for Workers of the State excluding Agency Workers in the Wire of Education and Teaching.
d. Members of the Educational, Teaching, Technical and Laboratory Authority who are subject to the Law on Organization of Universities
e. Muftis, fatwa trustees and teachers within the religious opinion and teaching staff.
f. Civil elements in public intelligence
g. Technical body, members of the scientific research body of the Scientific Research Centre, members of the laboratory body and members of the scientific research body of the Atomic Energy Authority
Scientific workers in the Arabic Encyclopedia Authority
(i) Flying catch-up at the Syrian Arab Airlines and the sailing company of the Syrian Maritime Navigation Company.
j. Temporary appointees under the provisions of Article/148 of the Basic Law for Workers of the State.
c. Contractors pursuant to article/149/of the Basic Law for Workers of the State, whose employment contracts provide for their subordination to the Social Insurance Act.
l. All workers, as well as their interns, take into account the provisions of Legislative Decree No. 210 (1963/1963) and do not apply to:
1. Workers who are employed in casual casual work are only those who respond to a special text.
2. The family members of the employer who are already counting them.
3. Domestic workers and their governance
4. Workers who use agriculture in private and joint sectors except those with special text
m. A decision may be made by the Minister of Social Affairs and Labour and after taking the opinion of the board of directors of the public social insurance institution to regulate the conditions and conditions for the benefit of the groups following the benefits of social security, all or some of them, to show the calculation of wages for them.
1. The categories of workers referred to in paragraph/l above
2. People who work in their homes for the employer.
3. Professional and self-employed persons
4. Employers themselves

Article 3 /

Add Article/10/Section II/Chapter I of Act No. 92/1959 and its amendments under No./10 provide the following:
a. To the General Organization for Social Insurance, an investment/50 per cent of its surplus funds in the areas of investment deposit based on the economic feasibility study of the projects, ensuring an investment safety degree and/or 50 per cent transferred to the public debt fund for interest to be determined annually by decision of the Cabinet
b. The Minister of Social Affairs and Labour issues the system of investing the surplus of the funds of the institution, setting the foundations, rules and incentives on the proposal of the board of directors of the public institution for social insurance.

Article 4 /

Article 34/of Act No. 92 /1959 and its amendments are amended to read:
Article 34:
An exception to the provisions of article/29 /if the injury of a insured, progressive or unpaid insured person or death is calculated on the basis of the general minimum wage. If the injury has resulted in a permanent partial disability of more than 50/per cent, a monthly pension is equal to that of the percentage Deficit from the full disability pension calculated on the basis of the general minimum wage.

Article 5 /

Add to the text of article 48/of Law No. 92 /1959 and its amendments to the following paragraph:
During five years of separation from the date of separation of the insured, only for the incidence of cancerous diseases.

Article 6

Amend article 52 of Act No. 92 /1959 and its amendments to:
Article/52 of the insured person to submit within fifteen days of the date of notification in accordance with the provisions of Article/27/of the termination of treatment or of the absence of a professional illness and within the same time period from the date of notification of non-determination, or at the discretion of the request for reconsideration, and shall be attached to his request for notification That and the medical certificates supporting his point of view.

Article/7/7

Replaced by the competent administrative body in Articles 53 and/54 /54 of the Social Insurance Act No. 92/of 1959, the statement of the Directorate of Social Affairs and Competent Labour.

Article/8/8

Amend the text of article/56 /of the Social Insurance Act No. 92/(1959) and its amendments and become as follows: Article/56 /The Resources for Insurance of Old Age, Disability and Death consists of:
1. Monthly contributions by the employer according to the following:
a. 14 % of the wages of employees subject to the Social Insurance Act promulgated by Act No. 92 /1959 and its amendments.
b. 10 % of the wages and salaries of employees who were subject to Legislative Decree No. 119 and/120 /1961 /1961, amendments, insurance and pension scheme for employees of the Cooperative Agricultural Bank issued in Law No. 130/1959 and the Municipal Retirement Fund.
2. Monthly subscriptions to which the insured is committed according to the following:
a. 7 % of the wages of employees under the Social Insurance Act promulgated by Act No. 92 /1959 and its amendments.
b. 10 % of the wages and salaries of the employees who were subject Legislative Decree No. 119 and //1961 / The amendments thereto and the insurance and pension system for employees of the Agricultural Bank of the Cooperative are promulgated by Act No. 130/(1959) and the Municipal Retirement Fund.
3. Old age insurance, disability and death funds.
4. The End-of-Service Award for the period prior to participation in insurance under this Act shall result in the institution upon separation from service calculated on the basis of Article/73 of Employment Act No. 91 /1959/and its amendments.
5. Subsidies and donations that the Governing Council decides to accept and shall be approved by the Prime Minister.

6. Additional amounts and delays due in accordance with the provisions of this Act.

7. Rent of the aforementioned resources investment

Article/9/2

The text of article 57 /92 of Act No. 92 /1959 and its amendments are amended to read:
Article 57. The age pension is entitled to:
First:
a. separation due to the completion of the insured age of 60, the insured age of 55 and the period of service calculated in the 15-year pension.
b. End of service due to the completion of the age of 55 and the insured age of 50 and the period of service calculated in the /20/ year pension.
c. The separation of the insured after having reached his or her actual service in one of the difficult or dangerous occupations calculated in the pension/at least 15 years and issued by decree defining the hard and dangerous occupations and how to account for the years of service in such difficult and dangerous work for ordinary work.

Second: the insured deserves an early pension and upon his/her request and after attaining the contributory service of 25 years/year without the age requirement.

III. The pension allocated to staff members shall not be less than the pension allocated to them by virtue of the provisions of this Act.

Article/10

The text of article/58 /of Act No. 92/1959 and its amendments shall be amended to read as follows:
Article 58:
a. The OAS pension is calculated on the basis of 5 t-2 per cent of the average monthly salary for the last year or the duration of the insurance period if you say that for each subscription year under insurance and the year-end fractions of more than one year in the calculation of the term covered by the insurance.

b. The maximum pension provided under the provisions of insurance for old age, disability and death shall be at 75.5 per cent of the average monthly salary calculated on the basis of which the salary is calculated and shall be taken into account at the expense of the monthly wage, which shall not exceed the difference or decrease between the remuneration of the insured at the end of a term The last two years, paid at the beginning of 15/15, between the end of five years and the start of a 30/per cent pay, as well as the calculation of the duration of the insurance subscription, to be considered as a full year's fractures.

c. The insured pension or the total pension allocated to it under the provisions of this Act shall not be less than the general minimum wage.

Article/11

The following Article 58 /bis shall be added to the Articles of the Social Insurance Law of the Law of 92/(1959) and its amendments.

Article 58 /bis/If the actual length of service of a believer in the calculation of pension under the provisions of this Law increases to 30/year and continues to service or to be enrolled in a new work, shall be paid for the excess of one payment by a month's remuneration for each year of excess and up to a maximum of years In the amount of five months, the period less than the year is neglected in the calculation of such compensation.

Article/12

Amendment to article 60, paragraph (a), of Act No. 92 /No. 92 /1959, and its amendments, as follows:
60 /a In case the insured resigns because of their marriage or having the first child if she leaves employment within six months of the date of the marriage or reproduction and the compensation in both cases/15/15 % of the average remuneration referred to in the preceding article.

Article/13

Article 62/of Act No. 92 /1959 and its amendments are amended to read as follows:
Article 62/: A disability or death pension is entitled if the full disability or death occurred during the service of the insured or within six months of the end of that service, provided that the disability or death is not only the result of the injury of the work and may be combined with the disability and disability ratios The sickness resulting from the natural illness in the benefit of the natural disability pension is not less than the invalidity pension due to it and provided that the insured does not exceed the time of proven disability or death at the age of 65 and takes into account the age of the year that the age of the year is considered to be a full year.

Article 14 /

Amend the text of article 64 /92/of 1959 and its amendments to read as follows:
Article 64/: The permanent full disability pension or the death pension is calculated on the basis of 40/per cent of the average monthly salary for the last year or the period of insurance if you say so and add to the pension 2/2 per cent of the average salary on which the pension is based on each year of the pension. Years of service following the first year of subscription and compaction of one month's fractions and shall not exceed the amount of pension/80 per cent of the average salary on which this pension or old-age pension is associated with the contributory service for which the contribution is best.

Article 15 /

The text of article 67/of the Social Insurance Act No. 92 /1959 and its amendments shall be amended to read as follows:
Article 67/:
a. In applying the provisions of this Act, the date of birth established in the 1922 census or the first registration of the civil service is calculated if it is after 1922.

b. With the preservation of the acquired rights of the employers under the legal texts in force previously and not through the emergency amendments after the two dates mentioned in paragraph (a) above.

c. If the date of birth is not specified on the day and month, the year of the first day of the month of January of the year of birth.

Article 16 /

The text of article 80 of Act No. 92 of 1959 and its amendments are amended to read as follows:
Article 80: The employer must suspend in the workplace the evidence of his participation in the institution and the institution to give business owners that certificate for 50 Syrian pounds for each certificate or extracted from it, and to the governmental bodies concerned with the exchange of certain licenses for business owners to comment. The issuance or renewal of such licences shall be required for the submission of the certificate or extract by the applicant and can be modified by a decision of the Minister of Social Affairs and Labour on the proposal of the Enterprise Management Board.

Article 17

Article 81/of Law No. 92/No. 92/1959 is amended and amended to read as follows:
Article 81/The institution shall give an insurance card to each insured against a fee of ten Syrian pounds, and each employer must obtain an image from the company in return for the performance of a similar fee and must retain it in the service file of its owner. The value of the card may be modified by decision of the Minister of Social Affairs and Labour on the proposal of the Enterprise Management Board.

Article/18

The text of article 85/of Law No. 92 /19/1959 is amended and amended to read as follows:
Article 85/Deficit cases referred to in Articles 9/29/30/31/31 and/62 of this Law by a medical committee formed by a decision of the Board of the Enterprise, whose membership includes a specialist physician or more according to the case presented to it and follows in the substantiation and estimation of the rules of disability The terms of the decision are made by the Minister of Social Affairs and Labour on the proposal of the institution's board of directors.

Article/19

Amend the text of the last paragraph of article 86 /86 of Act No. 92/1959 and its amendments to:
The medical commission referred to in the preceding article should reestimate the degree of disability at a time.

Article 20 /

Add a Article in the following 89/bis to the Articles of Social Insurance Law No. 92//1959 and its amendments,
Article/89 /bis///. The provisions of Legislative Decree No. 146/No. 146/1952-1952/and its amendments containing the application of the Law on Family Compensation to pensioners apply.

b. Each eligible individual is granted a pension under this Act from the widows and children of the family compensation provided for in the Legislative Decree No. 146 /1952 and its amendments when the conditions for compensation are provided in accordance with the provisions of the Legislative Decree mentioned in the number of widows distributed. The compensation referred to in the preceding paragraph (b) is equally between them.

Article/21

The text of article 90 bis/bis is added to the text of Law No. 92 /1959 /1959 and its amendments, which read: /09/bis, if a reason for the suspension of pension for any of the eligible persons mentioned in article 89/of the Act shall be reallocated the entire pension to the other eligible persons, as indicated in table 3/or 3/a attached to this Act.

Article 2 /

The text of article 90 /bis/a/(a) shall be added to the articles of Law No. 92/(1959) and amendments.
Article 90 bis/bis: The pension holder is entitled to combine his/her pension due to the provision of this law and the transfer of pension.

Article/23

The text of Article 93/of Law 92/(1959) and its amendments are amended to read as follows:
If the payment of due date is delayed, the Organization has committed to pay, plus 1/pally/of its value for each day that the payments are delayed and beyond the receipt of the receivables from the date of the secured receipt of the required documents, if the payment is delayed due to the fact that the employer did not submit the required documents, the institution committed to pay the 1/3 % to the insured, and returned to the employer at the value of his or her payment, and determined by decision of the Minister of Social Affairs and Labour the documents required of both the insured and the employer.

Article 4 /

Amend the text of article 94/of Act No. 92 /No. 92 /1959 and its amendments as:
Article/94/The pensioners or their beneficiaries or the insured who leave the territory of the Syrian Arab Republic may:

a. Request the transfer of the pension due to them to the country where they reside and the expenses and wages of conversion are on their shoulders and on the condition of reciprocity for non-Syrians and by cutting systems.

b. Request for the replacement of the pension receivable with monetary compensation from one payment in accordance with the schedule referred to in article 61/of this Law.

c. The Minister of Social Affairs and Labour shall issue instructions and decisions to apply the provisions of this article on the proposal of the board of directors of the public institution for social insurance.

Article 25

The text of article 95 /bis/of Law No. 92 /1959 and its amendments shall be amended and amended to read as follows:
Article/95/bis

a. If the insured is entitled to more than one type of pension referred to in this Act, his final pension shall be tied to the sum of all such pensions and shall be disbursed to him or his or her beneficiaries in the event of his or her death.

b. If a number of insured persons under this Act are eligible for a share of a pension and a share of another or more pension, they shall be entitled to combine such quotas.

Article 26

Article 98 of the Social Insurance Act, No. 92 /1959, and its amendments where: Article/98 shall be amended to the institution upon the death of the insured or the owner of the pension without the benefit of those who perform the funeral expenses, equivalent to three months of the wage of the insured and a pension. Three months of a deceased pension or three times the general minimum wage, whichever is better, provided that the amount is not less than 3,000 Syrian pounds.

Article 7 /

Article 100 of the Social Insurance Act, No. 92/(1959), shall be amended and amended to read:
Article 100/Do not accept an action for compensation for injury to work unless the enterprise has been written for compensation within five years of the date of the accident, death, notice of termination of treatment, or the degree of disability.
Any action by the Directorate of Social Affairs and the competent work against the institution shall be prepared in the judgement of the claim referred to in the preceding paragraph.

Article/28

Articles 109/110/111/11/ 11 of the Social Insurance Act /92 /1959 are amended and amended to read as follows:
Article 109/shall be punished by one month and a fine of not less than fifteen thousand Syrian pounds and no more than thirty thousand Syrian pounds, or one of these sanctions, each of those who collude by giving false statements to obtain compensation or pension from the institution to him or otherwise without a right.

Article 110/A fine shall not be less than a thousand Syrian pounds and shall not exceed 5,000 Syrian pounds, which is contrary to the provisions of articles 37/38/39/40/41/45/96/106/106.

Article/111 shall be fined not less than a thousand Syrian pounds and shall not exceed 5,000 Syrian pounds, which is contrary to the provisions of articles/18/72/73/74. The fine is as many as the number of workers for which the violation took place, provided that it does not exceed twenty-five thousand Syrian pounds for the offense. The court rules on its own in the case of a violation of article 18, paragraph 2, of the obligation of the contrary employer to pay workers the value of their insurance expenses.

Article/112 shall be fined not less than a thousand Syrian pounds and shall not exceed 5 thousand Syrian pounds. Any person who contravenes the provisions of articles/43/50 shall be fined as much as the number of workers for which the violation took place, provided that a total of 10,000 Syrian pounds is not over a single offense, if it continues. A violation of more than 30 days may increase this fine, as it does not exceed ten times.

Article 29

The following Article/116 shall be added to the Articles of Social Insurance Act No. 92//1959 and its amendments.
Article/116/a. The services of working persons on the date of entry into force of this accepted law shall be considered as a pension under the provisions of the following texts:
1. Legislative Decree No. 34 of 1949 and its amendments.
2. Legislative Decree No. 119/(A/1961/) and its amendments.
3. Legislative Decree No. 120 of 1961 and its amendments.
4. Act No. 130/No. 130/1959 and its amendments.
Accepted provision under the provisions of this Act for payment of their obligations under those texts.

b/The working head shall be entitled to the effective date of this Act, who are subject to the provisions of the following texts:
1. Legislative Decree (119 /1961) and its amendments.

2. Legislative Decree (120//1961) and its amendments.

3. Law (130 /13/1959) and its amendments.
To include their former temporary services within one year of the effective date of this Act, in accordance with instructions issued by the President of the Council of Ministers and within the limits of the laws and regulations in force.

Article/30

The following Article/117 shall be added to the Articles of Social Insurance Act No. 92 of /1959th and its amendments.
Article 117 The retirees shall remain before the date of entry into force of this Act and are eligible for the provisions of the following texts:
1. Legislative Decree No. 34 of 1949 and its amendments.

2. Legislative Decree No. 119/of 1961 and amendments.

3. Legislative Decree No. 120 of 1961 and its amendments.

4. Act No. 130/No. 130 /1959 and its amendments.
subject to the provisions of the texts referred to in this article.

Article/31

The following Article/118 shall be added to the Articles of Social Insurance Act No. 92 of /1959th and its amendments.
Article/118/a-General institution shall be abolished for the retirement of municipal employees and employees. The public institution for insurance and pensions shall replace the institution mentioned in all its rights and obligations. The public institution for insurance and pensions shall exercise all the functions of the Insurance Law. Social workers and amendments to municipal workers on the date of entry into force of this law and the liquidation and disbursement of pensions for workers in the municipalities who have been referred to retirement prior to the date of entry into force of this law and for their benefit, taking into account Article/146 / The Basic Workers Act.
b. The employees of the public institution of the employees and employees of the municipalities shall be transferred to the public institution for insurance and pensions, and their posts are considered to be added to the owners of the institution in accordance with the same wages and functional status as they retain their qualification for the benefit of the deposit.
c. The Insurance and Pensions Fund of the employees of the Cooperative Agricultural Bank shall continue to exercise its powers in accordance with the provisions of Law No. 130 /13/ 1959 and its amendments.

Article/32

Article 119/following shall be added to the articles of the Social Insurance Act No. 92//1959 and its amendments
Article 119
a. Pensioners and eligible pensions are allocated by the Public Foundation for Insurance and Pensions to the following categories:
1. Military and armed forces
2. Military in the General Intelligence.
3. Elements of the internal security forces.
4. Customs officer.

b. The Public Foundation for Insurance and Pensions continues to exercise the functions contained in the laws of officeholders as well as the members of the People's Assembly, who are subject to both the provisions of the Legislative Decree No. 119/1961, its amendments and the Legislative Decree No. 120/of 1961, and its amendments.

c. The General Organization for Insurance and Pensions shall exercise all the functions contained in the Social Insurance Act No. 92/1959 and its amendments for the working persons on the date of entry into force of this Act, who are subject to the provisions of the following texts:
Legislative Decree 34/(1949) and its amendments.
Legislative Decree No. 119 of 1961 and its amendments.
Legislative Decree (120 /1961) and its amendments.
The pension and pension payments of retirees and eligible persons subject to the above-mentioned texts continue to be liquidated and disbursed.

d. The pension contributions of the categories listed in paragraphs/b/c of this Article shall be performed to the General Fund for Insurance and Pensions.

Article/33

The following Article/120 shall be added to the Articles of the Social Insurance Act No. 92//1959 and its amendments.

Article/120

a. In addition to the Board of Directors of the Public Organization for Social Insurance formed in accordance with the provisions of Legislative Decree No. 20 /No. 20 /1999 of the Director General of Insurance and Pensions, a representative of the Ministry of Finance is a member of the Ministry of Finance as a representative of the two chambers of Damascus and Aleppo as a member.

b. In addition to the powers specified in article/10 of Legislative Decree No. 20/1994, the board of directors of the public social insurance institution has the broadest authority to invest the surplus of the enterprise funds and to use such experts and workers in the State as a reward. By decision of the Governing Council and without conflict with the provisions of paragraph (b) of article/3 of this Law.

Article 34

The following Article/121 shall be added to the Articles of the Social Insurance Law:
Article/121
a. Syrian expatriate workers are entitled to participate in the public institution of social insurance to benefit from the insurance of old age, disability and death established by Act No. 92 /1959 and its amendments and apply to them what is applied to the workers of the private sector.
(b) The expatriate Syrian workers who applied to participate in the Social Insurance Corporation shall bear the sum of their contributions according to the remuneration they are shown in their applications plus the legal quota of the employer and perform these contributions to the detriment of the public institution. For social insurance.
c. The insured in the country of alienation shall pay the contributions referred to in paragraph (b) of this article with the foreign convertible blocks.
d. In the application of the provisions of this article, shall be taken into account in the calculation of the remuneration subject to which it is not increased or decreased by no more than 10 per cent annually.

Article 35

Add article No. 122 to Act No. 92 of 1959, which reads as follows:
Article/122/The pension of the insured is inherited according to the contributions of her children and her husband and in the event that they do not exist, this right is transmitted to the rest of her legal heirs.

Article 36

The Social Insurance Act (No. 92 /1959 /1959) and its amendments and provisions in this Act are the standard insurance reference for all State workers and in the private and joint sectors, and article/53/ of the Basic Workers Act is repealed.

Article/37

Each text contrary to the provisions of this Law shall be repealed either in public or private texts, except:
1. Act No. 52 /1960
2. Law No. 43 of 1980
3. Legislative Decree No. 127/1969
4. Legislative Decree No./136/1977
5. Legislative Decree No. 274 of 1969

Article/38

Article/55, the last paragraph of article 71 bis, article 71 bis, article 71 bis/bis, article 78, and article 88 /88 of the Social Insurance Act, No. 92 /1959, and amendments are repealed.

Article 39 /

The Executive Instructions for this Act are issued by the Cabinet under the proposal of the Minister of Social Affairs and Labour, the Minister of Finance and the General Confederation of Trade Unions.

Article 40 /

This Law is published in the Official Journal and is effective from the date of its promulgation.
Damascus in 1610-10-1422 Hjri 31-12-2001 My birth.


President
Bashar al-Assad

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