Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - République arabe syrienne (Ratification: 1960)

Autre commentaire sur C111

Observation

Demande directe

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Article 1 of the Convention. The Committee recalls that section 2(a) of the Labour Law 2010, which contains specific provisions promoting equality of opportunity and treatment, and prohibiting discrimination in a range of areas, refers to the grounds of “descent” and “belief”. The Committee requests the Government to clarify whether the term “belief” in section 2 of the new Labour Law is intended to cover religion and whether the term discrimination on the basis of “descent” covers discrimination on the basis of social origin, and to provide it with any judicial decisions on the meaning of these terms.

Scope of application. The Committee recalls that section 5 of the new Labour Law excludes from its scope certain groups of workers, including civil servants subject to the Basic Law on State Employees (No. 50/2004), workers subject to the Agricultural Relations Law, domestic workers and similar categories. The Government previously indicated that, pursuant to section 5(b) of the Labour Law, the working conditions of domestic, casual and part-time workers are regulated by their contracts. The Committee notes that the Government’s report does not contain any further information demonstrating the effective protection, in law and practice, of these workers against discrimination in employment and occupation based on the grounds of the Convention. The Committee therefore once again requests the Government to indicate the measures taken to ensure that the categories of workers excluded from the scope of the Labour Law enjoy protection against direct and indirect discrimination, as required by the Convention.

Women domestic workers. The Committee recalls that Prime Ministerial Decision No. 81 of 2006 provides that women domestic workers, with some exceptions, can be “returned” by the employer for “any reason whatsoever” (section 15), which could, in practice, lead to arbitrary dismissals based on discriminatory grounds. Furthermore, section 17 permits the repatriation of women domestic workers if found pregnant already before entering the country. This would allow the dismissal of these workers on the basis of pregnancy, contrary to the Convention. In this regard, the Government previously reported the adoption of Decision No. 27 of 2009 regulating private employment agencies for non-Syrians (domestic helpers), and determining the conditions and rules of their employment in the territories of the Syrian Arab Republic, but no text was provided. In the absence of further information in this regard, the Committee urges the Government to indicate all the measures taken to ensure that both national and foreign domestic workers duly benefit in practice from protection against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation. The Committee further urges the Government to ensure that non-Syrian women domestic workers, including pregnant women, are adequately protected against discrimination, particularly in respect of security of employment and conditions of work. Please also indicate whether Prime Ministerial Decision No. 81 of 2006 and Presidential Decree No. 62 of 2007, as well as Decision No. 27 of 2009, are still in force, and provide a copy of the latest text in force covering the employment of domestic workers, including migrant domestic workers.

Sexual harassment. The Committee recalls that the Labour Law 2010, while prohibiting discrimination in employment on the grounds of gender (section 2(a)) and providing for the right to human dignity and safe and secure working conditions, does not include provisions prohibiting and defining sexual harassment (section 95(a)). The Committee once again requests the Government to indicate whether sections 2(a) and 95(a) of the Labour Law 2010 are intended to cover sexual harassment, including both quid pro quo and hostile working environment harassment, and to provide any judicial decisions in respect of these two sections. The Committee urges the Government to take measures to raise awareness of the issue of violence against women, including sexual harassment, and to enhance the capacity of labour inspectors, judges and other enforcement bodies to identify and address such cases, particularly taking into account the present armed conflict and its impact on women.

Restrictions on women’s access to employment. The Committee recalls that, pursuant to section 120 of the new Labour Law, “the Minister shall determine, by ministerial decision, such activities, instances and circumstances where women shall be allowed to perform night work, as well as harmful, immoral and other activities prohibited for women”. The Committee notes Order No. 16 of 2010, implementing section 120, which includes tasks and instances in which the employment of women may be permitted, as well as a list of industries, including loading and unloading, stacking at ports and forage-based animal production, in which women’s employment is generally prohibited. The Committee requests the Government to take steps in the near future to review Order No. 16 of 2010 to ensure that protective measures for women which exclude women from certain tasks, jobs or occupations, or limit their access thereto, are not based on gender stereotypes relating to their capabilities and suitability to perform certain jobs, and are limited to maternity protection. In the absence of further information on the application of section 139 of the Personal Status Act respecting child custody and limiting the right of women guardians of children to work, the Committee also requests the Government to take steps to amend section 139 of the Personal Status Act.

Social security. The Committee recalls that section 60(a) of Social Security Law No. 92 of 1959 provides that a female insured person who resigns due to marriage or pregnancy with her first child within six months of marriage or giving birth shall receive compensation of 15 per cent of her average salary. The Committee emphasizes that the compensation provided to women when they resign due to marriage or pregnancy reinforces stereotypes on the role and responsibilities of women in society, thus exacerbating labour market inequalities. Noting that this provision constitutes discrimination based on sex, the Committee urges the Government to repeal section 60(a) of the Social Security Law of 1959, without further delay, and to take measures to ensure that both men and women who take career breaks due to family responsibilities are entitled to benefits, and to provide detailed information on the progress made.