Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the Government’s report received in August 2009, which recalls that the Labour Code prohibited the activities of private employment agencies. In its 2001 observation, the Committee noted the amendments made by Law No. 24 of 10 December 2000 to the relevant provisions of the Labour Code. In its latest report, the Government provides the text of Legislative Decree No. 62 of 1 October 2007 issuing regulations governing agencies specializing in the recruitment and employment of non-Syrian women domestic employees and tutors and Decree No. 27 of 24 March 2009 issued under that text. The Committee notes that implementing Decree No. 27 has been replaced by implementing Decree No. 108 of 10 December 2009, which entered into force on 31 December 2009. The new legislation establishes a legal framework regulating the activities of private employment agencies responsible for the recruitment and placement of non-Syrian women domestic employees and tutors. In particular, the new legislation provides for the granting of licences for employment agencies, their control by the Directorate of Social Affairs and Labour and the possibility of establishing taxes and expenses for employers. The Committee recalls that the provisions of Part II of Convention No. 96 have been applicable in the Syrian Arab Republic since 7 June 1958. These provisions require the competent authority to determine a limited period of time for the abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes that Legislative Decree No. 62 of 1 October 2007 authorizes the reopening of fee-charging employment agencies dealing with various categories of persons, without establishing a time limit for their abolition. The Committee also notes the Government’s statement indicating that a new draft Labour Code envisages the establishment of private employment agencies. The Committee invites the Government to consult the General Survey of 2010 on employment instruments, which contains guidance for countries which have accepted Part II of Convention No. 96 to consider the ratification of the more recent Convention, the Private Employment Agencies Convention, 1997 (No. 181). The Committee also emphasizes that public employment services and private agencies are both actors in the labour market and that their common aim is to contribute to a functioning labour market and the achievement of full employment (General Survey, op. cit., paragraph 728). As the current situation is not in conformity with the requirements of Convention No. 96, the Committee hopes that the Government will soon be in a position to subscribe to the obligations of Convention No. 181. It invites the Government to provide information on any developments, in consultation with the social partners, with a view to the ratification of Convention No. 181.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Following comments by the Committee for many years, the Government indicates in its report that by section 1 of Law No. 24 of 10 December 2000 the provisions of sections 18 to 22 of the Labour Code were repealed. Furthermore, section 11 of the Labour Code has also been amended in order to extend to domestic and similar workers the application of the chapter concerning the placement of unemployed persons. The Committee expresses its satisfaction with the amendments introduced in the legislation and trusts that the Government’s next report will contain the information required by the report form on the application of Part II of the Convention, including particulars on its practical application.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the information it contains in response to its previous observation. It notes the information that the Ministry of Social Affairs and Labour has undertaken to prepare a draft decree to amend the provisions of the Labour Code in order to bring them into line with the Convention. It notes that since 1966 the Government has regularly referred in its reports to the preparation of such a draft, but has never been able to report its adoption. The Committee therefore once again expresses the hope that the Government will very shortly be in a position to inform the ILO of progress made in respect of the following points, already addressed in previous comments.

Part II of the Convention.  The Government emphasizes that there are no private employment agencies and, if there were, sections 90 and 22 of the Labour Code, which prohibit fee collection from the worker, are not contrary to the Convention. The Committee has nevertheless pointed out many times that the Convention’s requirement for exemption from the payment of the fee must cover the employer as well as the worker. It is not enough to exempt only the worker. The Committee therefore again asks the Government to repeal sections 18 to 22 of the Labour Code as soon as possible.

The Committee also requests the Government once again to amend section 11 of the Labour Code in order to extend to domestic and similar workers the application of the chapter concerning the placement of unemployed persons.

[The Government is asked to report in detail in 2001.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Part II of the Convention. The Committee notes the Government's report which argues in some detail that sections 19 and 22 of the Labour Code (Act No. 91 of 1959), which provide for the establishment of private employment agencies, do not violate the Convention. This topic has been the subject of direct requests and observations by the Committee since 1966.

In essence, the Government argues that there are no private employment agencies and further, if there were, sections 19 and 22 of the Labour Code, which prohibit fee collection from the worker, are not contrary to the Convention. However, the Committee has pointed out many times that the Convention's requirement for exemption from the payment of a fee must cover both the employer and the worker. It is not enough to exempt only the worker. Therefore, the Committee repeats its request that the Government repeal sections 18 to 22 of the Labour Code as soon as possible.

The Committee also draws the attention of the Government to the provisions of the Private Employment Agencies Convention, 1997 (No. 181), and in particular Articles 16 and 17, which the Government may wish to consider for the future.

In addition, the Committee requests the Government again to amend section 11 of the Labour Code as well as to extend to domestic and similar workers the application of the chapter concerning placement of unemployed persons.

[The Government is asked to report in detail in 2000.]

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Part II of the Convention. The Committee notes from the Government's reply to its earlier comments that the Bill drafted to repeal sections 18 and 22 of the Labour Code (Act No. 91 of 1959), which authorized the setting up of private employment agencies, and to amend section 11 of the Code so as to extend to domestic and similar workers the application of the chapter concerning placement of unemployed persons, has not yet been adopted. The Committee is therefore bound to reiterate the comments it has been making over a number of years regarding the need to bring the legislation into full conformity with the Convention. It once again expresses firm hope that the above-mentioned Bill will be adopted in the nearest future and that it will contain the above provisions with a view to giving effect to this Part of the Convention. The Committee asks the Government to provide, in its next report, information on any progress made in this connection.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Part II of the Convention. With reference to its earlier comments, the Committee notes from the Government's reply to its previous observation that the Bill to repeal sections 18 and 22 of Labour Code No. 91 of 1959, which authorised the setting up of private employment agencies, and to amend section 11 of the Code so as to extend to domestic and similar workers the application of the chapter concerning placement of unemployed persons, is currently being examined by the Council of Ministers with a view to its enactment. The Committee trusts that these changes to the Labour Code, on which it has been commenting for many years, will be adopted in the very near future and will ensure that the national legislation is in full conformity with this part of the Convention. The Committee notes the Government's assurances that it will transmit all further information on this matter to the ILO, and hopes that the next report will confirm that progress has been made towards taking full account of the Committee's repeated comments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Part II of the Convention. With reference to its earlier comments, the Committee notes from the Government's reply to its previous observation that the Bill to repeal sections 18 and 22 of Labour Code No. 91 of 1959, which authorised the setting up of private employment agencies, and to amend section 11 of the Code so as to extend to domestic and similar workers the application of the chapter concerning placement of unemployed persons, is currently being examined by the Council of Ministers with a view to its enactment. The Committee trusts that these changes to the Labour Code, on which it has been commenting for many years, will be adopted in the very near future and will ensure that the national legislation is in full conformity with this part of the Convention. The Committee notes the Government's assurances that it will transmit all further information on this matter to the ILO, and hopes that the next report will confirm that progress has been made towards taking full account of the Committee's repeated comments.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Part II of the Convention. The Committee takes note of the information supplied by the Government in reply to its earlier comments.

It notes that a new Bill drafted to repeal and modify some provisions of the Labour Code in order to align it with certain ILO Conventions ratified by the country, including Convention No. 96, has been submitted to the Council of Ministers by the letter No. AD/3/4532 of 5.11.90. The Government indicates that, among other things, this Bill contains provisions with a view to repeal sections 18 and 22 of the Code, which authorise the setting up of private employment agencies, and to amend section 11 of the Code so as to extend the application of the chapter concerning placement of unemployed persons to domestic and similar workers. With reference to its previous comments, the Committee once again expresses the hope that the Government will not fail to ensure full conformity of the national legislation with Part II of the Convention. It therefore trusts that the above Bill will be adopted in the nearest future and that it will enable the problem raised in its comments since the time when the Convention came into force, to be solved. It asks the Government to provide, in its next report, information on any progress made in this regard.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Part II of the Convention. With reference to its previous observation, the Committee recalled the Government's statement to the effect that, in 1984, the Council of Ministers approved a Bill to align the Labour Code with the Convention: (a) by repealing sections 18 and 22 of the Labour Code, which authorise the setting up of private employment agencies; (b) by amending section 11 of the above Code with a view to extending the application of its provisions to domestic and similar workers. The Committee regretted to note that the Government's report did not contain the information requested previously on the follow-up given to this Bill which, had it been adopted, would have enabled the problems raised in the comments since the Convention came into force, to be solved. It again noted the Government's assurances that, in practice, private employment agencies did not exist and the relevant provisions of the Code were not applied. In this connection, it took particular note of certain measures taken by the Government to prevent, in effect, the setting up of such agencies. However, the Committee was bound to reiterate its previous comments regarding the need for measures to bring the legislation into full conformity with the Convention and declared practice. The provisions of the Labour Code currently in force authorise the setting up of private employment agencies, apparently guaranteeing exemption from the payment of a fee only to unemployed persons whom such agencies place in employment, excludes certain activities such as "casual jobs" from the provisions concerning placement, or provides for special texts for domestic workers. The Committee trusts that the Government will re-examine its position in the light of the above considerations, and that it will take the appropriate measures at an early date to ensure that its legislation gives full effect to Part II of the Convention which provides for the progressive abolition of fee-charging employment agencies conducted with a view to profit and the regulation of other agencies.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.