The 2001 78 Law Containing The Social Security Amendment Act

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

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=16489&RID=-1&Last=10058&First=0&CurrentPage=12&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

The 2001 78 law containing the social security Amendment Act of the President of the Republic based on the Constitution and approved by the Assembly in its meeting dated 15-10-1422 e 30-12-2001 p issued: article/1/amend paragraphs/c/f/g/article/1/92 of the social insurance act of 1959, as amended, and are as follows: c-work injury, occupational disease infection described in table/1/annex or injury as a result of an accident in the performance of work or because of him or because of related injuries Heart attack and stroke resulting from occupational injuries work effort once the requirements and rules specified by decision of the Minister of Social Affairs and labour in agreement with the Minister of health on the proposal of the Board of Directors. Employment injury judgement is every accident of the insured during the period of his going to proceed or return from it whatever transportation provided to be coming and going without interruption or failure or deviation from the normal route.

   G-pay: 1. the remuneration provided for in paragraph a of article 79 of the State employment statute number/1/in/1985/for persons covered by the provisions of the said law, taking into account the provisions of article 6 of Legislative Decree No 8/ Date/2/10/1995.

2. salary lump sum for categories excluded from the provisions of the basic law for State workers.

3. the remuneration provided for in article 3 of the Labour Code No 91/in/1959 and its amendments for categories not covered by the provisions of paragraphs/1/,/2/previous article/2/1-amend the text of article/2/from social insurance Act No 92/in/1959/as amended and read as follows: article/2/while retaining the provisions for pension rights for Office holders and members of Parliament contained in the laws in force, this code applies to the following categories : A-employees subject to State employment statute number/1/in/1983/.

B-judges and prosecutors are subject to the law of the judiciary and the Supreme Constitutional Court judges and judges of the Council of State and the Department of State issues counsel.

C-workers hired by the Agency in accordance with the provisions of the basic law for State employees except employees of the Agency in education and teaching.

D-members of teaching staff and technical and laboratory teaching and subject to the universities regulatory act-Muftis and fatwas librarians and teachers in religious teaching and Angel.

And civil elements in General Intelligence g-technical and scientific research in the scientific research center and laboratory staff and members of the scientific research in atomic energy body h-scientific workers in Arabic encyclopedia I-behind the bird in flying the Syrian and Arabic Foundation behind sailing in the Syrian Maritime company.

-Temporary as article/148/of the State employment statute.

K-contractors in accordance with the provisions of article 149 of the basic law for State workers who use contract stipulated in the Social Security Act.

-All workers as well as the progressive of them taking into account the provisions of Legislative Decree No/210/in/1963/and does not apply to: 1. workers who work in temporary or casual who reproduced the text.

   2. the employer's family members who actually dependants.

   3. domestic workers and housemaids 4. workers who use in agriculture and the private sector including private text contained only m-permissible by the Minister of Social Affairs and labour, after taking the opinion of the Board of Directors of the General Organization for social insurance regulation of terms and conditions for use of the following social security benefits or all that indicating wage account for them: 1. categories of workers referred to in the previous paragraph//2. People who work at home for an employer account.

   3. free professionals and operators to calculate employer 4. Employers themselves article/3/Add article/10/in title II/chapter 1/Act/92/in/1959/amendments under number/10/reads: a-of the General Organization for social insurance invest/50/% of surplus funds in the areas of legislative guarantees according to investment feasibility study for projects and guarantee investment security and a/50/% converted to public debt in return for interest determined annually by resolution of the Council of Ministers-the Minister of Social Affairs and employment system of investment of surplus funds of the Foundation Determines the foundations and rules and incentives at the suggestion of the Board of Directors of the General Organization for social insurance.

Article 4/amend article/34/Act/92/in/1959/as amended read: article/34/: exception from article/29/if the insured paid tiered injury or without pay to total disability or death pension is calculated on the basis of the general minimum wage if led to partial disability lasting exceed/50/percent monthly pension is equivalent to that of the full disability pension is calculated on the basis of the general minimum wage.

Article may be added to the text of article/48/Act/92/in/1959 and its amendments the following paragraph: during five Gregorian years from the date of termination to the insured only for the incidence of cancers.

6/article/amend article/52/Act/92/in/1959/as amended read: article/52/insured must apply within fifteen days from the date of being notified in accordance with article/27/end of treatment or non occupational illness during the same time limit from the date of notification of the lack of disability or estimate of the reconsideration request in that it should be annexed to the aforesaid notification students and medical certificates supporting his point of view.

Article 7 shall be replaced by the words the competent administrative authority in articles/53/f/54/social insurance law No 92/in/1959/words Directorate of Social Affairs and labour.

Article/8/

Amend the text of article/56/social insurance law No 92/in/1959/as amended and read as follows: article/56/lock resources consist of old age, disability and death: 1. monthly subscriptions which the employer in accordance with the following: a-14% percent of the wages subject to the Social Security Act promulgated by Act No 92/in/1959 and its amendments.


   10% percent of the wages and salaries of employees who were subject to legislative decrees no 119/f/120/1961 and its amendments and insurance and pension system for employees of ACB No./130/in/1959/municipal retirement fund.

2. monthly subscriptions which insured in accordance with the following: a-7% percent of the wages subject to the Social Security Act promulgated by Act No 92/in/1959 and its amendments.

   10% percent of the wages and salaries of employees who were subject to legislative decrees no 119/f/120/1961 and its amendments and insurance and pension system for employees of ACB No./130/in/1959/municipal retirement fund.

3. old-age insurance funds, disability and death.

4. severance pay for the period prior to taking out insurance under this Act lead to the institution upon separation based on article 37 of the Employment Act No 91/in/1959 and its amendments.

5. subsidies and grants Board decides to accept and approve the Prime Minister.

6. additional amounts and benefits of delay due in accordance with the provisions of this law.

7. the aforementioned article resource rents September amending article 57/Act/92/in/1959/as amended read: article/57/worth old: first: in the following cases: a-separation because of insured insured age and age and attain a contributory service/15/year.

B-separation due to insured age and insured age 50 and reach the length of contributory service/20/year.

C separation of insured after actual service in an arduous or hazardous occupations contributory/15/yr at least decree issued identification difficult, dangerous occupations and how to calculate years of service in this difficult, dangerous work for regular business.

Secondly: the insured early pension worth at his request after reaching contributory service/25/yr with no age requirement.

III: minimum pension granted to employees the provisions of legislative decrees/119/f/120/1961 on the pension granted to them under the provisions of this law.

Article 10//article remixes/58/Act/92/in/1959 and its amendments read as follows: article/58/a-pension is calculated on the basis of 2.5/% of average monthly wage last year or term insurance that you said about it and that for each year the participation in insurance and fractions are over a month a year in duration covered by insurance.

B the maximum pension shall be allocated under the provisions of the old age or disability and death reality/75/% of the average monthly wage on which the pension account when calculating monthly wages exceed the mentioned difference increase or decrease between insured at the end of the last two years and cab in inception/15 percent and among taxi at the end of a five-year period and his wage at the beginning of 30% as when calculating the duration of insurance that fractions are a full year.

C cannot be less than the sum insured or pension pension allocated to it under the provisions of this law on the general minimum wage.

Article//add article/58/iterator read the articles of the law on social insurance law/29/1959 and its amendments.

   Article 58/bis/if the insured's actual service in calculating the pension under the provisions of this law on/30/year and continued in the service or join the new work distracted him extra time compensation at once by one for each year of extra years and a maximum of five months and neglect the duration of less than a year in this account.

Article 12 paragraph//article/60/Act/92/in/1959/as amended read: article/60/a/in case the insured's resignation because of marriage or the birth of the first child if quit within six months from the date of marriage or reproduction and compensation in cases/15/% of average wage referred to in the preceding article.

Article 13 amends article/62/Act/92/in/1959/as amended read as follows: article/62/disability or death pension is payable: If total disability or death occurred during an insured service or within six months from the date of the end of that service, provided that the disability or death as a result of work injury only and may combine percentage disability resulting from occupational injury and disability caused by disease, natural natural disability pension benefit exhibition not least pension Sacrum injury due to him and not exceed the insured at the time of death or disability established age 65 and older take into account fractions full year.

Article 14 amends article/64/Act/92/in/1959/as amended to read as follows: article/64/: permanent total disability pension or death pension based on 40 percent of the average monthly wage in the last year or so I have insurance period and is added to the pension/2 percent of the average wage and pension Kan binding for each year of service after the first year of subscription and forcing fractions which months and more. And the amount of the retirement pension may not exceed 80% of the average wage which linked to this pension or old age pension based on her outstanding service subscription which is better.

Article 15//article/67/remixes of social insurance law No 92/in/1959 and its amendments read as follows: article/67/a-calculated in application of the provisions of this law, the date of birth is installed in 1922 census or first registration with the civil registration services if after 1922.

B-with the preservation of acquired rights for the job under the legal provision in force and is not an example of changes after the dates mentioned in the previous paragraph a.

C-If birth date unspecified by the day, month, year is calculated from the first day of the month of January of the year of birth.

Article/16/amend the text of article 80 of the law No 92 of 1959, as amended, read as follows:


   Article 80: the employer must hang in the workplace certificate function on his involvement in the enterprise and the enterprise giving business owners that certificate for fifty pounds for each certificate or extract therefrom and to government agencies which are specialized in certain licenses exchange for business owners to suspend these licences or renew a certificate applicant or extract them and can modify the value of the certificate mentioned by the Minister of labor and Social Affairs, on the proposal of the Board of Directors.

Article/17/amend article/81/Act/92/in/1959 and its amendments read as follows: article/81/enterprise giving an insurance card for each insured for a fee of ten pounds of Syria and every employer to get the enterprise image of the card mentioned for a similar fee and keep them in a file owner's service. Card value may be modified by decision of the Minister of labor and Social Affairs, on the proposal of the Board of Directors.

Article 18 amends article/85/Act/92/in/1959 and its amendments read as follows: Article/85/prove disability cases referred to in articles 29 and 30/f/31/f/62/of this law, testimony by a medical committee constitutes the decision of the Board of Directors comprises a doctor, specialist or more depending on the case and the proof of disability ratings rules and conditions specified by the Minister of labor and Social Affairs, on the proposal of the Board of Enterprise Manager.

Article/19/amend the last paragraph of article/86/Act/92/in/1959/as amended read: Medical Committee referred to in the preceding article to reassess the degree of impairment each time.

Article 20//Add an article number/89/iterator read the articles of the law on social insurance number/92/in/1959/and amendments, article/89/bis/a/the provisions of Legislative Decree No 146/date/28-2-1952/as amended containing the family compensation Act application pensioners.

B-gives each individual eligible for a pension under this Act of the widows and children of family allowances provided for in Legislative Decree No 146/in/1952/as amended and that when eligibility for compensation in accordance with the provisions of the Legislative Decree mentioned c/multiple widows distributes compensation referred to in the previous paragraph b among them evenly.

Article/21/Add article/90/bis to law No 92/in/1959/as amended and read: article/90/bis/if the reason for discontinuing the pension for any eligible mentioned in article/89/full prorated pension law again for other eligible according to what is shown in table 3/or/3/a attached to this law.

Article/22/Add article/90/bis/a/read the articles of law No 92/1959 and its amendments.

   Article/90/bis: pensioner combine pension due to him as a result of the provisions of this law and the pension share transfer.

Article 23//article/93/remixes of law/92/in/1959/as amended to read as follows: If the delayed payments due for scheduled enterprise committed to pay plus/1/%/value for each day of delay in disbursement of those funds and no later than the origin of receivables insured met history documents required if the Exchange was delayed due to failure to submit the required documents from the employer's enterprise has committed to pay/1/%/to the insured and returned to the owner Work with value of mud, dementia and a decision of the Minister of Social Affairs and labour requirements of both the insured and the employer.

Article/24/modifies article/94/Act/92/in/1959/as amended read: article/94/permissible for pensioners or their eligible insured or who leave the territory of the Syrian Arabic Republic: a request to transfer pension due to them to their country of residence and transfer fees and expenses fall upon themselves and the condition of reciprocity for non-Syrians and by cutting systems.

B-replacement pension payable cash compensation of at once according to the schedule referred to in article/61/of this law.

C-the Minister of Social Affairs and labour regulations and decisions necessary to apply the provisions of this article on the proposal of the Board of Directors of the General Organization for social insurance.

Article//modifies article 25/95/bis/Act/92/in/1959/as amended and read as follows: Article/95/bis-insured if there more than one type of pension referred to in this law tying his final total pensions and distract him or his beneficiaries, in the event of his death.

B-If the receivable from several insured under this Act eligibility for a share of a pension and other pension share or more is entitled to combine these quotas.

Article/26/amend article/98/social insurance law No 92/in/1959/as amended read: article/98/enterprise on the death of the insured or pensioner without qualifying them to conduct the funeral expenses a sum equivalent to three months ' pay from insured wage and pension three months of pension the deceased pensioner or three times the monthly general minimum wage which is better provided a minimum amount of three thousand pounds.

Article/27/amend article/100/social insurance law No 92/in/1959/as amended read: article/100/not accepting employment injury compensation claim only if your organization has been called upon to write compensation within five years from the date of accident or death or notification of end of treatment or degree of disability.

Any action by the Directorate of Social Affairs and labour in the face of the Foundation in the rule of the claim referred to in the preceding paragraph.

Article/28/edited articles/109/110/111/112/of the social insurance law No 92/in/1959/as amended read as follows: article/109/one-month imprisonment and a fine of not less than fifteen thousand pounds and not more than thirty thousand SP or either both collude by giving the wrong data for compensation or pension from the Foundation or other.

   Article 110 shall be punished by a fine of not less than a thousand pounds and not exceeding five thousand SP contravenes a provision of the articles/37/38/39/40/41/45/96/106/107.


   Article/111/punishable by a fine of not less than a thousand pounds and not exceeding five thousand SP contravenes a provision of the articles/18/72/73/74/and multiplied by the number of workers who signed up about the offense not exceeding a total of twenty five thousand pounds per offence and the Court on its own in the event of infringement of the second paragraph of article 18 of the offending employer to pay workers value insurance expenses incurred.

   Article/112/punishable by a fine of not less than a thousand pounds and not exceeding five thousand SP contravenes the provisions of articles/43/50/and multiplied by the number in respect of each offence not exceeding a total of ten thousand pounds per breach if the offense for more than thirty days may increase the fine up to tenfold.

Article 29/Add article/116/read the articles of the law on social insurance number/92/in/1959 and its amendments.

   Article/116/a-based personnel services-job to date of entry into force of this law the pensionable accepted under the terms of the following provisions: 1. Legislative Decree No 34/in/1949/amendments.

2. Legislative Decree No 119/1961, as amended.

3. Legislative Decree No/120/1961, as amended.

4. law number/130/in/1959 and its amendments.

Accepted a judgment under the provisions of this Act to pay their obligations under those texts.

B/header-based employees are entitled to work with date of entry into force of this law, subject to the following provisions: 1. Legislative Decree/119/1961, as amended.

2. Legislative Decree/120/1961, as amended.

3. law/130/in/1959 and its amendments.

To include previous temporary services within a year of the date of entry into force of this law in accordance with the instructions issued by the President of the Council of Ministers, within the limits of the laws and regulations in force.

Article/30/Add article/117/read the articles of the law on social insurance number/92/in/1959 and its amendments.

   Article/117/retired remains prior to the effective date of this Act and their eligible subject to the following provisions: 1. Legislative Decree No 34/in/1949/amendments.

2. Legislative Decree No 119/1961, as amended.

3. Legislative Decree No/120/1961, as amended.

4. law number/130/in/1959 and its amendments.

Subject to the provisions of the texts referred to in this article.

Article/31/Add article/118/read the articles of the law on social insurance number/92/in/1959 and its amendments.

   Article/118/a-cancel PTC municipal employees and retirement and insurance and pension organization replaces the Foundation in all their rights and obligations and exercise the General Organization for insurance and pensions all the tasks set out in the law on social insurance, as amended for municipal workers based on job with the effective date of this act as filters and pensions for municipal workers who have been referred to retire before the date of entry into force of the present law and their beneficiaries, taking into account article/146/of Statute.

B PTC workers transferred to municipal employees and to the public institution for insurance and pensions and their jobs are added to the Angel of the Foundation with the same wages and job conditions while Islamist groups eligible for promotion.

C-insurance and Pension Fund continues to ACB staff in the exercise of his powers in accordance with the provisions of law No 130/in/1959 and its amendments.

Article 32//Add article/119/read the articles of the law on social insurance number/92/in/1959/article/amendments 119/a-General Organization for insurance and pensions to eligible retirees and their pensions are allocated to the following categories: 1. military armed forces.

2. military personnel in general intelligence.

3. elements of the internal security forces.

4. the Customs Brigade.

B continue the public institution for insurance and pensions in exercising the functions contained in the rules for Office holders and members of Parliament who are subject to both the provisions of Legislative Decree/119/1961 and amendments and Legislative Decree No/120/1961, as amended.

C-SAMA general insurance and pensions all the tasks set out in the law on social insurance number/92/in/1959 and its amendments for workers based on job to date of this law, subject to the following provisions: Legislative Decree/34/in/1949/amendments.

Legislative Decree No 119/1961, as amended.

Legislative Decree/120/1961, as amended.

And continue to filter and pensions for retirees and their eligible under the above texts.

D-pension contributions to the categories mentioned in paragraphs/b/c/of this material to the public institution for insurance and pensions.

Article/33/Add article/120/read the articles of the law on social insurance number/92/in/1959 and its amendments.

Article/120/a-added to the Board of Directors of the General Organization for social insurance problem in accordance with the provisions of Legislative Decree No/20/in/1994/Director General of the General Organization for insurance and pensions a member, representative of the Ministry of finance, a representative of my room making Damascus and Aleppo.

B-in addition to the powers set out in article 10 of Legislative Decree No/20/in/1994/Board has the General Organization for social insurance with the widest powers to invest the surplus funds of the Foundation and the use of appropriate experts and State employees for remuneration and the decision of the Board of Directors and not inconsistent with the provisions of paragraph b of article 3 of this law.

Article 34/Add article/121/read the articles of the social insurance code: article/121/a Syrian expatriate workers are entitled to participate in the General Organization for social insurance for the benefit of old age, disability and death insurance prescribed by law No 92/in/1959/as amended and applies them applies to workers in the private sector.

-Syrian workers bear the expatriates who had asked to participate in the social insurance institution total contributions on them in accordance with the wage claims confirm it; plus class implications of employer legally these contributions to calculate the General Organization for social insurance.


(C) reimburse the insured in the country of expatriation contributions referred to in paragraph b of this article in convertible foreign exchange.

D-in applying the provisions of this article into account when calculating the taxable wage together not to be increased or decreased by no more than-10-percent annually.

Article/35/insert No/122/Act No 92/in/1959/read: article/122/insured pension inherited pension in accordance with the scale of her children and her husband in the absence of their being transmitted to the rest of the rightful heirs.

Article/36/social insurance law No 92/in/1959 and its amendments and the provisions contained in this law the Insurance Authority for all State employees in the private and mixed sectors article/53/primary workers Act canceled.

Article/37/cancel each provision contrary to the provisions of this law, whether in public or private texts with the exception of: 1. Law No 52/in/1960 2.   Law No 43/in/1980 3.   Legislative Decree No 127/in/1969 4.   Legislative Decree No 136/in/1977 5.   Legislative Decree No 1969/274/article/38/cancel all of article/55/and the last paragraph of article/17/bis and article/17/bis/b/article/78/article/88/social insurance law No 92/in/1959 and its amendments.

Article 39/operational instructions to this law the Council of Ministers on the proposal of the Minister of Social Affairs and labour and the Minister of finance and the General Federation of trade unions.

Article/40/this law shall be published in the Official Gazette and is valid from the date of issue.

Damascus in 16-10-1422 h 31-12-2001 ad.

   
President Bashar Al-Assad