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Law No. 92 of 1959
Date-birth: 1959-12-05 History-Hjri:
Published as: 1959-12-05
Section: A law.
Window.
In applying the provisions of this Act:
a. In the institution: the social security institution established by this law
b. To be insured: any of the provisions of article 2 of this Law
c. by injury of work: injury to one of the occupational diseases shown in Schedule 1 to this Law or injury as a result of an accident during the performance of the work, due to it or because of which it is related. In this judgement, it is considered that every incident occurs to the insured during the period of his going to work and return from him, regardless of the means of communication, provided that the return and return is without arrest, failure or deviation from the natural route.
d. Injured: from injury to work
e. By patient: from illness or accident other than injury to work
and -- with full disability: every deficit that would completely and permanently prevent the insured from engaging in any occupation or occupation, which, in the judgement of this, is considered any permanent deficit that exceeds 80 % of the ability of the insured to earn.
The provisions of this Act shall apply to all workers as well as graduated and shall not apply to:
1. Workers employed in agriculture are included in the special text.
2. Workers who are employed in temporary casual work, in particular construction workers, migrant workers, seasonal workers, and freight and unloading workers, except in the special text.
3. Family members of the employer who are already counting them.
4. Domestic workers and their governance.
The Minister of Social Affairs and Labour, after taking the opinion of the institution's board of directors, may regulate the conditions and conditions of access to the social security benefits categories, or some of them, to account for the calculation of wages for them.
1. The categories of workers referred to in items 1, 2, 3 and 4.
2. Persons who work in their homes for the employer.
3. Persons with self-employed persons, self-employed persons and crafts.
4. Business owners themselves.
The Social Insurance Foundation of Syria, established pursuant to the Social Insurance Law of Law No. 92 of 1959, is a public institution with independent legal personality and operates in accordance with the directives issued by the Council of Ministers in this regard.
The Foundation is its Director General and is based in Damascus and is called the Social Insurance Foundation of the Syrian Arab Republic.
The institution shall exercise the rights vested in the financial authorities under the law on the collection of public funds for the collection of their sums under the Social Insurance Law and its amendments to the participants and the rednecks.
The Social Insurance Foundation of the Syrian Arab Republic exercises all the powers exercised by the Social Insurance Institution established by Law No. 92 of 1959 and its amendments
The Ministry of Social Affairs and Labour is the administrative body of the Social Insurance Corporation and is replaced by the term Minister and Ministry of Social Affairs and Central Labor, which is contained in Act 92 and its amendments as Minister and Ministry of Social Affairs and Labour.
a. This paragraph was repealed by article 2 of Legislative Decree No. 134 of 22/12/1964.
b. Non-ownership of their property and possession of its funds by statute of limitations.
The Board of the Social Insurance Foundation shall be constituted as follows:
1. Minister of Social Affairs and Labour President
2. Secretary-General of the Ministry of Social Affairs and Labour
3. Secretary-General of the Ministry of Planning Member
4. Secretary-General of the Ministry of Health Member
5. Director General of the Social Insurance Foundation Member
6. Director General of the Economic Establishment Member
7. One general manager of institutional and institutional institutions
8. Four representatives of the workers
9. Representative of business owners Member
A lieutenant's delegate to each of the council members replaces him in his absence.
a. The workers in the Board shall be represented on the following face:
• President of the General Confederation of Trade Unions.
• Three members appointed by the Federation Council for a term of two years.
The Union also appoints the members to be associated with the representatives of the workers in the Council.
b. The representatives of the business owners, the principal and the lieutenant, shall be elected for a period of two years by their organizations in the manner prescribed by a decision of the Minister of Social Affairs and Labour.
c. A decision shall be issued by the Minister of Social Affairs and Labour to nominate representatives of workers and employers within a week from a date of the name of the names. It also issues a decision to name two directors general for companies and institutions that serve as members of the council. One is authentic and the other is a lieutenant based on the nomination of the competent minister.
The Governing Council of the Foundation shall meet at the invitation of its President or at the request of half of its members and the meeting shall be considered valid only in the presence of the majority of the members of the launching Board.
Decisions shall be made by a majority of those present and at the same time as the President.
Where appropriate, the Council may invite those who consider their expertise and information to be used in the discussions of the Council without the right to vote.
The compensation for attendance at the meetings of the Board of Directors and the relocation compensation shall be determined by decree upon the proposal of the Minister of Social Affairs
shall not be a member of the Enterprise Management Board:
a. Who is sentenced in a crime of treachery, treason, felony, forgery, theft, treason, honesty, monument or other offence of honour, or attempt to commit one of these crimes.
b. He was not declared bankrupt unless he was considered.
c. Useless and reserved.
The membership of the Board of Directors who are not concerned by virtue of their functions shall be dropped in the following cases:
a. The member for which he or she was appointed to the Council as a worker or employer is lost.
b. If the member has failed to attend the meetings of the Council five consecutive times without an excuse to be accepted by the Council.
If, for any reason, the place of the member of the Enterprise Management Board is not in the same manner as its predecessor and for the remainder of the term, the member shall be replaced by the institution.
The Governing Council shall oversee the affairs of the institution, in particular:
1. To approve the budget of the expenses of the Organization in order to appoint the various exchange faces, the amounts approved for each of them and to authorize the other expenses required by the administration of the enterprise.
Administrative expenses shall not increase annually on 5 % of collections, other than the constituent expenses.
However, after the approval of the Governing Council by a majority of ten votes, the Minister of Social Affairs and Labour may increase the percentage referred to it if necessary so that it does not exceed 7.5 %.
2. Adoption of the final accounts of the institution prior to reporting to the Presidency of the Republic.
3. Adoption of general rules regarding the investment of institutional funds within the framework of the development agenda.
Article 11, paragraph (b), of Legislative Decree No. 21, 11/10/1961, provides for the following:
b. The terms of reference of the Board of Directors, the Director General and the enterprise funds investment system shall be determined by decree to be taken in the Council of Ministers and the current provisions are currently in effect until this decree is issued.
The internal, administrative, financial, employee system and employment provisions are issued by decision of the Minister of Social Affairs and Labour on the proposal of the Board of Directors.
a. A General Director of the Social Insurance Corporation shall be appointed by decree to be taken in the Cabinet on the proposal of the Minister of Social Affairs and Labour.
b. The terms of reference of the Board of Directors, the Director General and the enterprise funds investment system shall be determined by decree to be taken in the Council of Ministers and the provisions currently in force shall remain in effect until the present decree is issued.
The Enterprise Funds Investment Committee is constituted as follows:
1. Minister of Social Affairs and Labour President
2. Director General of the Social Insurance Foundation Member
3. President of the Trade Union Confederation (member of the Governing Council) Member
4. Delegate to the Economic Establishment
5. Delegate to the Central Bank of Syria Member
The Commission is competent to develop investment programmes and to decide on loan applications submitted to them in accordance with the general rules set by the Governing Council for the investment of enterprise funds. All decisions of the Committee shall be subject to ratification by the Council.
A decision may be made by the Governing Council or the Investment Committee, among its members, to study the matters referred to it by the board of directors and may include the membership of such committees as experts in their opinion on such matters and the decision to form such committees, their terms of reference and the working system shall be regulated.
The financial year of the institution shall begin on the first of January and end on 31 December of each year and the Director-General of the Enterprise shall submit to the Governing Council within the following three months for the end of the financial year:
a. General report on the work of the Foundation that year.
b. Calculation of income and expenditure for each of the insurance branches of the enterprise, including the reserve statement for unresolved claims.
c. Enterprise Auditor's report.
d. Overall budget for the enterprise for the year ending, including detailed statements of the vocabulary and liabilities. It should also provide estimates of income and expenditure for the next fiscal year over the previous two months of that year.
The responsibility for the Director General falls with the certification of these accounts from the Board of Directors.
The decisions of the Board of Directors shall be informed by the certification of reports, accounts, budgets and estimates of income and expenditure to the Council of Ministers within two weeks of the date of adoption.
The audit of the Foundation is entrusted to two auditors from among the chartered accountants and an annual appointment of a decision of the Governing Council specifying the compensation to which they are disbursed.
The reviewers must not be affiliated with a single audit body.
Their appointment to audit the institution must not extend to more than three consecutive years.
The Foundation shall have at the disposal of the reviewers all the books, papers and data necessary to enable it to carry out its function.
Auditors have to verify that the draft budget and other accounting data have been properly prepared and that the status of the institution is correctly represented.
The Wirtschatsprüfer or one of them shall notify the Director-General in writing of any deficiency, error or offence against which an objection is required. If the Director-General has not satisfied the shortfall, corrected or removed the cause of the offence, the auditor must explain this in his annual report to the Governing Council.
In the case of serious errors, the Wirtschatsprüfer must call upon the President of the Governing Council to convene the Board in order to bring it to the attention of the Board.
The financial position of the institution shall be examined at least once every three years an expert or more in insurance mathematics appointed by the Board of Directors. This examination must address the assessment of the value of legal obligations.
Enterprise insurance is mandatory for business owners and workers and workers may not be charged any share in insurance expenses except as provided for by special text.
Taking into account the provisions of article 2 of this Law, the provisions of this Chapter shall apply to agricultural workers engaged in mechanical workers or those exposed to one of the occupational diseases described in Table No. 1/Annex to this Act.
Workers who are employed in temporary casual work, especially construction workers, migrant workers, seasonal workers, shipping and unloading workers, are also on the job.
All ministries, departments, public institutions and public sector facilities are obliged to participate in the institution by securing employment injuries as of the date of 1/1/1977.
This insurance fund consists of the following:
a. Monthly contributions by the employer of 3 % of their workers' wages.
b. Monthly allowances to be accepted by the Governing Council.
c. The proceeds of investment of such funds.
The Minister for Social Affairs and Labour is to decide to increase or reduce the contributions provided for in the preceding article by the conditions and conditions in which a decision is made upon the proposal of the Board of Directors.
The Governing Council may decide to reduce the contributions due to the employer by no more than 75 % of its value if it employs 100 workers and provides medical treatment and the disbursement of daily aid in accordance with the provisions of this Law.
Every injured or eligible person after his death has the right to receive from the institution compensation for his injuries in accordance with the rules prescribed in this chapter.
It is not worth monetary compensation in the following cases:
a. If the insured person is deliberately injured.
b. If the injury occurs due to gross and intentional misconduct on the part of the injured person and is considered to be:
1. Every act of an infected person under the influence of booze and drugs
2. Every explicit contravention of the outstanding prevention instructions in a workplace phenomenon
All that did not arise from the death of the insured or a permanent disability of more than 25 % of the total disability in accordance with the provisions of article 32.
A case may be upheld (a) and (b) only if it is determined from the investigation conducted in accordance with article 42.
The Foundation is responsible for treating the injured until it recovers from injury or failure to prove its disability.
Deficit disability is estimated when it is established or after one year after the date of the injury if it has not been cured with a medical certificate from an institution doctor whose form and data are appointed by the board of directors.
The institution must notify the insured by the end of the treatment and that it has a permanent disability and its proportion.
If the injury resulted in the failure of the insured to perform his work, the institution shall have to perform for it during a period of financial aid that equals 80 % of its daily wage, which is paid for one month, after which it will be increased to full pay and for one year. Daily aid is required not to be less than the minimum daily wage, or the actual remuneration of the gang, and that such aid shall continue to be disbursed for the duration of its failure to work or until the permanent disability, death or general expiry of its due date has been proven to be better. The employer in all cases is paid the day of the injury, whatever the time it occurs. In terms of aid and treatment, the setback in the provision of injury and treatment is considered to be the same as for the injury itself.
If the injury arises, a permanent full disability or death shall be calculated on the basis of 75 % of the average monthly joint remuneration for the last year and in the event of death, the pension shall be distributed to eligible persons in accordance with the provisions of Article 89 of this Law.
If we report a sustained partial disability that is estimated at 35 % or more of the total disability, the person is entitled to a pension equal to that of the full disability pension.
If the injury arises from a permanent partial disability that does not reach 35 % of the total disability, the person is entitled to compensation equivalent to that of the full disability pension for five and a half years, and this compensation will result in one payment.
The deficit ratio is estimated according to the following rules:
a. If the deficit is shown in table 2 (2) to this Act, the percentage of the total deficit indicated therein has been taken into account.
b. If the shortfall has not been associated with the table, the shortfall of a worker who has been unable to earn a loss has been found to be in the medical certificates.
The Minister for Social Affairs and Labour is amending the schedule on the basis of the proposal of the Board of the Enterprise.
If the injured person has already suffered a work injury that has been taken into account in the compensation of the following rules:
1. If the total deficit due to the current injury and previous injuries is less than 35 % rather than the last one, based on the proportion of the deficit left alone and paid at the time of the occurrence of the shortfall.
2. If the total deficit ratio resulting from the current injury and previous injuries is 35 % or more, it shall be compensated by the following:
a. If the injured person has been compensated for his previous injury, compensation from a single payment amount to the amount of his/her pension on the basis of the total disability attributed to all of them and their remuneration at the time of his recent injury.
b. If an injured person is entitled to a disability pension on the basis of the total disability ratio, all of them shall be paid for at the time of the latest injury, provided that the pension is not less than his or her pension at the time of the last injury.
An exception to the provision of article 29 grants a monthly salary without a monthly pension of 50 /50 Syrian pounds in the case of complete permanent disability. In the case of death, those eligible for death shall be awarded compensation of 2000 /Syrian pounds to be distributed in accordance with the provisions of article 89 of the Act.
The institution shall initiate or provide the necessary qualifying services, including the industrial parties, as determined by its governing body.
The insured must immediately inform the employer or his/her delegate of any incident that has caused him and the circumstances in which he or she occurred when his condition allowed.
The employer shall notify the enterprise of any change in the number of workers or their wages to increase or decrease, and such notification shall be in accordance with the conditions and conditions established by a decision of the Governing Council.
The provision of article 76 applies in the event that the employer delays the notification referred to in the preceding paragraph if such notice would increase the value of insurance contributions. If the notification in question calls for a reduction in the amount of contributions, the employer has the right to reduce the delay and the difference will be transferred to the enterprise.
The institution may refer to the employer for what it costs to do before any of its workers have never been notified of or change in its order.
The employer must provide the medical ambulance in the workplace in terms of conditions and conditions decided by the Minister of Social Affairs and working in agreement with the Minister of Health.
He must, in all cases, provide first aid to the gang if the injury does not prevent him directly from his work.
The employer or supervisor of the employer shall notify the institution of each work injury that occurs between its workers immediately after it occurs and that the injured person shall be handed over when he or she is transferred to the place of treatment or accompanied by an image of such notification.
The notification shall be in accordance with the enterprise prepared by the Enterprise for this purpose.
When an injury occurs, the employer shall transfer the injured person to the place of treatment to which the enterprise is appointed and the expenses of moving from the place of treatment shall be at the expense of the institution in accordance with the rules established by the Governing Council.
Every employer or supervisor has to report to the police about every incident involving a worker who is unable to work within 48 hours of his absence due to that injury. The communication must include the victim's name, address, summary of the accident, circumstances, type of injury, and who The injured transfer to his treatment.
The list of proceedings is conducted by two photographs in each communication submitted to it and in the investigation of the circumstances of the incident in detail and in which the statements of the witnesses are seized, as explained in particular, whether the incident was the result of intentional, intentional and intentional misconduct by the victim in accordance with the provisions of article 24 and the statements contained in the incident. The employer or the person who represents him and the victim's statement when his condition allows him to do so.
This body shall inform the institution of such cases immediately upon completion of their investigation and provide them with an investigation and the institution may request the completion of the investigation if it considers such a place to do so.
The employer must entrust one or more doctors with examination of their workers at risk of contracting one of the occupational diseases described in the Schedule to this Law in periodic times appointed by the decision of the Minister of Social Affairs and Labour, and in this decision, the conditions and conditions that must be put on them. Periodic inspection.
Doctors shall inform the competent administrative authority, the institution and the employer of the cases of occupational diseases that arise between the workers and the resulting deaths.
If the doctor does not report in the preceding paragraph, the competent administrative authority shall inform the High Bar Association of the medical profession for the consideration of his order and may request the employer to replace others with it.
a. The competent administrative person shall notify each person and the institution of the decision of the Medical Arbitration Committee upon arrival, and that decision shall be before the Central Medical Arbitration Committee for one month from the date of its communication.
b. The Medical Arbitration Committee in Damascus is formed by a doctor nominated by the institution and a doctor nominated by the Ministry of Health and a competent doctor to form such a committee, to organize the procedures for presenting the dispute and to estimate its compensation by decision of the Minister of Social Affairs and Labour.
c. The decision of the Central Medical Arbitration Committee shall be concluded and not subject to appeal.
The Foundation is committed to implementing the provisions of this chapter even if the injury requires the responsibility of a person other than the employer and the institution shall legally replace the insured person before the person responsible for the cost.
In relation to a work injury, an erection may not stick against the provisions of any other law and may also be for the employer only if the injury has arisen from a serious fault of his or her own.
The institution shall remain responsible for implementing the provisions of this chapter during the calendar year of the end of the service of the insured if he or she has developed symptoms of occupational disease during this period, whether he or she does not work or work in an industry that does not arise from this disease.
Minister of Social Affairs and Labour by decision to amend the occupational diseases schedule attached to this law.
The employer must follow the instructions to prevent workers from working injuries in accordance with the conditions and conditions in which decisions are made by the Minister of Social Affairs and Labour.
The Foundation should undertake studies on prevention of work injuries, in particular:
a. To examine ways to ensure the cooperation of employers with regard to the application of workplace prevention methods and the conditions for providing them with the necessary technical and financial aid when required.
b. Research on ways to ensure the cooperation of workers with regard to prevention during work.
c. Search for work injuries in terms of their causes, frequency and severity, and methods of prevention.
d. Do experiments with different prevention methods and estimate the adequacy of the choice of the best.
e. Prepare research, brochures and posters as well as organize lectures, seminars and film presentations on prevention and work on all issues that will raise preventive awareness among business owners and workers.
f. Establishment of research laboratories for the prevention of work injuries as well as exhibitions of their tools and devices and one or more libraries with different references to methods of prevention of work injuries.
A believer shall submit within four days of the date of notification in accordance with the terms of article 27 of the termination of treatment or after contracting a professional illness and within two weeks of the date of the notice of the deficiency, or at the discretion of the request for reconsideration, and shall be accompanied by such a request for notification and medical certificates In support of his or her view, such requests shall be submitted to the competent administrative authority and the institution shall deposit all papers relating to the injury immediately after its request unless the dispute is resolved.
The competent administrative authority shall refer the matter to an arbitration committee formed by a doctor assigned by the competent administrative authority and a doctor assigned by the institution.
In the event of disagreement, the Committee must include a competent medical examiner or a government doctor in remote areas.
The procedures for the presentation of the dispute, the estimation of fees and the identification of remote actors are governed by the decision of the Minister of Social Affairs and Labour in agreement with the Ministers of Justice and Health.
a. The competent administrative person shall notify each person and the institution of the decision of the Medical Arbitration Committee upon arrival and that decision is subject to appeal to the Central Medical Arbitration Committee within one month of the date of its submission.
b. The Central Medical Arbitration Committee in Damascus is formed by a doctor nominated by the institution and a doctor nominated by the Ministry of Health and a competent doctor. This committee is formed, and the procedures for presenting the dispute are organized and compensated by a decision of the Minister of Social Affairs and Labour.
c. The decision of the Central Medical Arbitration Committee is not subject to appeal.
Taking into account the provisions of article 2 of this Law, the provisions of this Chapter shall apply to users and workers of the Government, public bodies and institutions, and local administration units, unless they have a better pension scheme at the time of work.
This insurance funds consist of:
1. Monthly contributions by the employer of 14 % of their workers' wages.
2. Contributions that deduct 7 % of the wages of its workers.
3. Old age, disability and death insurance funds to date of this Act.
3 bis. Old age, disability and death insurance funds up to date of this Act.
4-
a. End-of-service award for the period prior to participation in the enterprise and shall be performed at the end of the contract, calculated on the basis of article 73 of the Labour Code referred to, taking into account the provisions of article 2, paragraph 2, of Act No. 91 of 1959.
b. The difference between the award due from the duration of the association is calculated on the face set forth in item (a) and prior to the work in this law and the resulting contribution from the employer's employer's contributions if any.
5. Subsidies and donations that the Governing Council decides to accept.
6. The proceeds of investment of such funds.
The age pension is entitled to:
a. separation due to the completion of the insured age of 60 and the attainment of contributory service at least fifteen years.
(b) Resignation of employment after attaining the contributory service at least 20 years and provided that it reaches the age of 55 years. It is considered to be the end of the service because of the inability or death of the insured prior to the age of 55, if that is the best for him.
The OAS pension is calculated by 1/45 of the average monthly joint remuneration for the last two years or the average monthly wage for any five consecutive years of the last 10 years of age, whichever is greater. This is for each year a subscription to insurance and the maximum old-age pension is 75 % of the monthly wage referred to or 117.5 L.C. whichever is lower. In the calculation of the monthly remuneration, the difference shall not exceed the increase or decrease between the salary of the insured at the end of the last two years and the 15 % pay at the end of the five-year period, which is paid at the end of the five-year period and is paid at the beginning of 30 %, which takes into account when calculating the duration of the insurance subscription. Full year fractures.
If the insured service of the employer is completed to reach the age of 60 before the requirement for the period of subscription for the old age pension is available, compensation from a one-time payment on the basis of 15 % of its annual subscription, which has been paid for in the last two years or the duration of the insurance subscription, if you say about That and that for each year is an insurance subscription.
a. If the service of the insured is terminated for one of the following reasons before it reaches the age of 60, the payment of the one instalment referred to in the preceding article shall be compensated in accordance with the following ratios and rules:
b. In the case of a definitive exit from the scope of application of the provisions of this Law, contributions made by less than 240 monthly contributions shall be compensation in accordance with the following ratio:
11 % if their contributions are less than 60 monthly subscription.
13 % if contributions are reported at least 60 monthly subscriptions and less than 120 monthly subscriptions
15 % if contributions were paid 120 per month and more
c. The insured, as well as the compensation referred to in the preceding articles, deserve the reward referred to in the second paragraph of article 71 bis.
In the case of the resignation of the insured due to her marriage or having the first child if she leaves employment within six months of the date of the marriage in the first case and within three months of the date of the situation in the second case, the compensation in the two cases shall be 15 % of the average salary referred to in the article. Previous.
The institution may, at the request of the insured, replace his or her pension rights with a capital to be determined according to a special schedule.
The replacement of pensions in accordance with the provisions of the preceding paragraph above 40 % of the average remuneration referred to in article 57 shall be no less than the rest of the pension after the replacement of the minimum pension set out in Article 19.
The replacement shall be in accordance with the terms and conditions of the decision of the Minister of Social Affairs and Labour after taking the opinion of the governing body of the institution, if the decision shall include the replacement table referred to in the preceding paragraph.
If the employer is separated from one of the reasons listed in section 76 of the Labour Code referred to except what is referred to in clauses 2.5 of that article, a quarter of the insured person's service shall be removed from the service of the insured person, provided that it is a quarter of its service to the employer. The decision to separate has become final.
A believer may if he or she does not work for more than one month, he or she may obtain an advance from the institution by guaranteeing his or her compensation or pension, provided that he has an insurance subscription for more than one year.
The system of assessment of the advances and conditions and conditions for granting them shall be determined and reimbursed by decision of the Minister of Social Affairs and Labour after taking the opinion of the institution's board of directors.
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 date of separation, provided that the disability or death is not the result of a work injury and that the insured does not exceed the time of proven disability or death at the age of 65 The age count is considered to be a full year's fractures.
A full disability or death pension is required if contributions paid for the insured are at least 6 continuous monthly contributions or 12 intermittent contributions.
The permanent full disability pension or death on the basis of 40 % of the average monthly wage, which was paid for in the last two years, or the duration of the insurance subscription, if you say that or the old-age pension for his or her contributory service, plus for three years, whichever is the best.
a. A insured or eligible person may benefit from an additional insurance amount equivalent to a percentage of the annual remuneration payable in the last year according to age according to schedule No. 4/Facilities for this Legislative Decree and shall be disbursed in the following cases:
I. The deficit of the insured is a complete deficit.
II. Death of the insured.
b. The insurance of the additional insurance shall be required for the benefit of the insured:
1. The application for participation in this insurance shall be submitted to the institution within one year of the operation of this Legislative Decree for the insured persons on the basis of that date and within six months for the insured persons who enter into employment after the date of the entry into force of this Legislative Decree.
2. The employer shall include the monthly subscription, which is deduct 1 % of the monthly wage of the employee who chose to participate in this insurance.
3. Deficit or death shall occur during the service of the insured and the ratios in Schedule 4 of this Legislative Decree shall be increased by 50 % of their value if the disability or death is due to a work injury.
c. The conditions and conditions issued by a decision of the Director General of the Social Insurance Institution on the basis of the proposal of the Governing Council shall be followed in the regulation of the application for subscription and determination of the conditions and performance of monthly contributions.
d. The amount of the additional insurance shall be distributed in the event of the death of the insured in accordance with the legal inheritance rules.
It is for the insured to request a review of the estimation of the failure to prove its full disability or to estimate its proportion in accordance with the medical arbitration provisions referred to in the work injury insurance.
If an old age pension owner who is capable of working after the age of 60 is in employment, the provisions of this Act shall be applicable to him or her in the pension provided that he or she does not have more than 65 years of age.
His pension is linked to 2.5 % of his average monthly wage during that period, provided that this salary is in no way more than 5 % of the monthly wage on which the old-age pension has been linked.
This shall not preclude the continuation of the payment of an old age pension to him if the sum of remuneration and pension does not exceed the remuneration that he received when he left the job. If they exceed what they charge, the pension will be reduced to the extent of the increase.
All that is without prejudice to the other tapes provided for in article 58.
Proof of the age of the insured shall be a birth certificate or official extract from birth records, a judicial ruling or any other official document adopted by the institution's governing body. If this is not possible, the age can be recognized by the institution doctor. In the case of a dispute, the medical arbitration committee referred to in the insurance of the work injuries shall be referred to as final, final and non-appeable, even if the actual age and estimated age have been established.
In case the believer is lost, he or she is entitled to a death pension if he is found or after four and a half years after he or she has been lost, unless he is sentenced to death and is followed in the order of this aid, and the conditions and conditions in which the minister of affairs issues a decision. Social and employment after taking the opinion of the institution's board of directors.
The minimum age pension or full disability/85 liras and the death pension is 80 L.S. for the insured and 15 L.S. per month for each eligible person whose total pension is required to exceed that minimum or a pension for the insured.
Pensions and compensation awarded in accordance with the provisions of the preceding chapter do not correspond to the obligations of the employer in old-age insurance. The equivalent of remuneration is not equivalent to the end of the legal service calculated on the basis of article 73 of the Labour Code and the provisions of article 2, paragraph 2, of Act No. 91 of 1959.
The employer associated with its workers is committed to a better reward or savings system by paying the full increase to the insured or directly eligible for it.
The distribution of this increase in the case of death shall be for the eligible persons referred to in section 82 of the Employment Act No. 91 of the Act No. 91 of 1959.
The term in which the insured person has made contributions to the institution in accordance with the provisions of Acts of Act No. 419 of 1955 and/92 of 1959 shall enter the duration of participation in such insurance and shall be calculated in accordance with the provisions of article 58/without requiring any contributions from the insured for that period.
The period of participation of workers in the private system may also enter into such insurance if at least half of the participants are required and within three months of the working date of this law.
The pension for this period shall be calculated by 2 % for each year, provided that the system shall result in an amount estimated at 8 % of the last annual worker's fee for each year of the employee's subscription to be paid within one year of the date of working under this Act.
If the quota of the worker in the private system fails to meet this obligation, the difference has led to a single or simplified payment of conditions and conditions established by a decision of the Minister of Social Affairs and Labour.
All this is without prejudice to the provisions of Section 4 of Article 56 and Article 70.
Without prejudice to the provisions of articles 58, 71 and 78, the prior involvement of the insured person in this insurance, which is entitled to reward in accordance with the provisions of the labor law referred to within the period of subscription to this insurance, is to be calculated by 1 % of the average monthly wage in the three years. The last of the actual or full duration of the subscription if you say about that for each year of the preceding period referred to.
If the duration of the insured person's participation in the insurance plus the previous term is 240 months, the insured person shall be entitled to remuneration for the preceding period calculated in accordance with the labour law referred to and on the basis of the latter remuneration before leaving the service.
However, within the following five years, such law may be issued to those insured whose term of participation in insurance, in addition to the previous period of 240 months or more, if his or her service has expired, to request that the remuneration due for their prior term of service be required in accordance with the provisions of the paragraph. Previous rather than calculating pension in accordance with the provisions of the first paragraph of this article.
The period of service prior to the Government may be included in the period of service calculated in accordance with the provisions of this Law, provided that the worker shall perform an amount estimated at a percentage of his annual remuneration at the beginning of the subscription to this insurance for each of the years of service required to be included according to schedule. It shall be issued by the Minister of Social Affairs and Labour and shall be followed in the performance of these amounts and the conditions in which the decision of the Board of the Enterprise is issued.
An exception to the provision of Article 57, at the time of the promulgation of this Law, may continue to work or enter new employment after the age of 60 when they are able to perform it and consider the duration of their service to which contributions are paid in the pension report if it is for the completion of subscription periods. The benefit of the pension benefit.
The provision of this article does not apply after the last December 1976 in the Egyptian territory and the last December 1979 in the Syrian territory.
The contributions made by the employer and those deducted from the wages of the insured during the Gregorian year are calculated on the basis of their wages in January of each year.
However, for those who enter service after the month in question, their contributions are calculated on the basis of the month in which they are in service until January and subsequently treated on the basis set out in the preceding paragraph.
Workers who are currently in service shall count their contributions until the end of the Gregorian year on the basis of the fare of the month in which this law takes effect.
The calculation of the remuneration for those insured for the non-month shall take account of the number of working days in the month of 25 days, and the Minister of Social Affairs and Labour may, upon the proposal of the Governing Council, set other conditions for calculating remuneration in certain cases.
The employer must include the deductible from the wages of its workers and those that it leads to account for the institution within the first fifteen days of the following month.
In case of delay, interest shall be calculated at 6 % per annum for the period from the day following the expiry of the month from which these contributions have been acquired to the date of their performance.
The contributions paid by the employer to the insurance of the insured must be complete, and if the work is suspended and for the contributions of the insured, the employer is obliged to pay them in full if their wages are not sufficient. Subscriptions in this case are considered in the loan judgement and the employer cuts it. of their wages within the limits set forth in article 51 of Act No. 91 of 1959 on the Labour Code.
However, for the contributions of the insured during the suspension of the contract of employment, the employer is not obliged to pay them and, in all cases, the expenses of sending contributions and the benefits of delay to the enterprise at the expense of the employer.
Every employer subject to the provisions of this Act shall lead to the institution a monthly fee of one thousandth of the wages earned to the insured.
The sum of this fee and a quarter of its investment shall be credited to a special account and shall serve as a reserve for meeting losses that may be subject to the enterprise by applying the provisions of the latter paragraph of Article 63.
Every employer subject to the provisions of this Act shall lead to the institution a monthly fee of one thousandth of the wages earned to the insured.
The sum of this fee and a quarter of its investment shall be credited to a special account and shall serve as a reserve for meeting losses that may be subject to the enterprise by applying the provisions of the latter paragraph of Article 63.
The Minister of Social Affairs and Labour may, on the proposal of the Board of Directors, increase, reduce or discontinue this fee for all or some of the business owners.
Taking into account the provisions of article 73, the employer is obliged if the employer is obliged to subscribe for all or some of them to perform an additional amount to the enterprise in the enterprise or to pay the dues provided for in this law by 10 % of the amount of contributions due for each month of delay as of The day after the expiration of the deadline set out in the first paragraph of Article 73 referred to, to a maximum of 30 % of the amount of such contributions, and neglect the days of not a total of 30 days.
An employer must notify the employer of the contractor's name and address at least three days prior to the commencement date of the work.
The contractor is committed to this notification for subcontractor and the original contractor and subcontractor are in solidarity in meeting the obligations established in this Act.
An exception to rule 18 may be decided by the Minister of Social Affairs and Labour to exempt business owners associated with their workers with better pension schemes than participation in the insurance of old age, disability and death, to apply within two months of the working date of this law to include the application. to the data specified by the Minister of Social Affairs and Labour.
If the pension system is limited to old-age pensions, it must be reflected in the application provided for in the preceding paragraph, and in this case the employer shall be given three months to modify his or her system to include disability and death benefits by at least the benefits prescribed by this law.
If the deadline has expired and the employer has not amended his system, he or she has been subject to the provisions of this law and at the same time committed to the establishment of supplementary pension schemes to the value of the difference between the private pension system and the participation in this insurance.
The provisions of this Law shall not be subject to the provisions of this Act and the employer has not subscribed to the Act in order to require the institution to comply with its obligations established only on the basis of the minimum wage.
Without prejudice to the provisions of the preceding paragraph and article 76, the institution shall have the right to refer to the employer of all assessed contributions and the benefits of delay, as well as all expenses and compensation, before those who have not subscribed to it.
The employer shall suspend in the premises the evidence of his or her participation in the institution.
The institution must give business owners such certificates as opposed to half a Syrian pound for each certificate or extracted from it.
Government agencies that specialize in licensing certain business owners have to suspend or renew such permits for the submission of or extracted from the certificate of the applicant.
The institution must give an insurance card to each insured against a fee of one pound.
Each employer must obtain an image from the company in return for the performance of a similar fee and to keep it in the file of its owner.
Minister of Social Affairs and Labour, on the basis of the proposal of the Board of the Enterprise, to decide to increase the benefits provided for in this law or to add new advantages within the limits of the ability and financial condition of each type of insurance.
The treatment of injured persons shall be at the expense of the institution and where it is assigned to them.
The institution may conduct treatment in clinics or public hospitals only under special agreements for this purpose and the institution hereby fares the price of treatment.
The treatment is intended to:
1. Medical services and specialists.
2. Accommodation with hospitals and home medical visits when required.
3. Surgical operations, radiology and other medical research as required.
4. The treatment of medicines for this treatment.
An injured person shall follow the instructions of the treatment to which the enterprise is prepared and notify it and the institution shall not be obliged to perform any expenses if the person refuses to follow such instructions.
The disbursement of financial aid may be stopped if the insured violates such instructions and resumes its exchange once it has been followed.
The institution has the right to notice when it is being treated.
Deficit cases referred to in Articles 29, 30, 31 and 62 are substantiated by an institution doctor who appoints their form and data from the Board of Directors.
It follows the recognition and estimation of the degree of disability and the rules and conditions of the decision of the Minister of Social Affairs and Labour.
Both the Disability Pension and the Foundation have requested medical checkup every six months within one year from the date of proven disability and once a year for a period of four years thereafter.
An institution doctor who starts this examination should reestimate the deficit at a time.
The invalidity pension referred to in Articles 29, 30, 31 and 62 shall be modified or suspended according to the medical re-examination provided for in the preceding article, depending on the degree of disability increases or decrease.
The payment of the disability pension stands as the author has not applied for the medical examination required by the institution to apply for the provisions of the preceding article and the pension shall continue to be suspended until the complainant proceeds to carry out the re-examination.
The allowance for the duration of the suspension of the pension shall be followed by the result of the medical review.
If the inability to work for 35 % is lacking, the pension will be suspended permanently and the injured shall be granted compensation from one payment in accordance with the provisions of Article 31.
The widow of a pension owner who is married to her after the age of 60, as well as the children from this marriage, does not deserve any pension.
If the insured person or the pension holder died, they would have been entitled to the payment of a pension in the amount of assessed contributions in Table No. 3 Facilities. Eligible persons are entitled to pension.
1. The widow of the insured or the owner of the pension.
2. Boys and male brethren who have not crossed the 21st.
3. Widows, divorcees and unmarried daughters and sisters.
4. Parents.
The benefit of the brothers, sisters and parents, according to the schedule, is required to prove the support of the insured during his or her life and that the father is not married to the non-father of the deceased.
Male boys in the event of death of a working mother deserve the share specified in Table No. 3 or No. 3 A/ (as the case) In the event of the death of his wife, the husband also deserves the share of the table referred to if at the time of death she has a complete disability that prevents him from engaging in any occupation or employment.
The distribution of the remuneration provided for in the second paragraph of article 71 bis and compensation for the single payment provided for in this Act shall be for those who are eligible to be insured in accordance with the provisions of article 82 of the Labour Code referred to.
Pension continues:
1. A widow may have a lifetime or a marriage or a career or a profession.
2. For girls and sisters, until they marry or have a job or profession.
3. Boys and male brothers after the age of 21 are in the following conditions:
a. If a student is entitled to a student's pension and not to the 24th.
b. If he has a complete disability that prevents him from earning and proves this case with a certificate from the institution doctor until the disability is removed.
The girls are given what they were entitled to from a pension if they were divorced or widowed within ten years at most from the date of marriage without prejudice to the rights of the other persons entitled to the pension.
The institution must take the means to ensure that the financial aid to the gang is disbursed weekly during its incapacity to work or at the end of that period if you say about a week.
It also has to take the means to ensure that pensions are disbursed monthly during the first week of each month, to be disbursed for the first time within six weeks of the completion date of all documents that are free of exchange.
A pension is eligible for the entire month in which the disability is established or the death is located.
The payment of a payment shall be made within a period not exceeding six weeks from the date of completion of all documents that are free of exchange.
The accrued pension may be disbursed in accordance with the provisions of this Act once every three months if the value of the due amount is less than ten liras per month.
If the payment of the due date is delayed, the Organization has committed to pay it plus 1 % of its value for each day in which the payment of such amounts is delayed from the date of the insured's completion of the required documents.
If the delay of the exchange was due to the fact that the employer did not submit the required documents, the institution committed itself to paying the 1 % to the insured and brought it back to the employer for the value of what it had paid.
The documents required of both the insured and the employer are determined by decision of the Minister of Social Affairs and Labour.
The Foundation continues to disburcrate insured persons who leave the territory of the Syrian Arab Republic legally on the basis of permanent residence abroad provided that the State in which the foreign pension holder assesses the principle of reciprocity for Syrian pensioners.
The replacement value of such pensions may be determined by the pension holder according to the schedule referred to in article 61 of this Law
The Minister of Social Affairs and Labour issues the necessary instructions and decisions based on the proposal of the Board of Directors.
If the insured or the owner of the pension is sentenced to imprisonment or imprisonment for a period of more than three months, his or her pension shall be suspended for his or her life in prison.
If someone deserved a pension in the event of his death, he would be given what he deserved as if his family died.
The pension of the eligible person shall be interrupted upon the release of the worker or the pension and his or her pension shall be fully returned without the freezing of the allowance.
If the insured is entitled to more than one type of pension referred to in this law, his final pension shall be tied to the sum of these pensions and up to a maximum of 80 % of his/her average monthly salary for the last two years and shall be disbursed to him or his or her beneficiaries in the event of his death.
(bis) The enterprise and the author shall not dispute the value of the pension after one year after the date of the notification of the final linkage of the pension.
The material errors that fall into the account are excluded from the settlement.
The method of notifications referred to in the first paragraph is regulated by a decision of the Governing Council.
A person who is entitled to a death pension or his or her pension shall be required to inform the institution of each change resulting in the suspension or reduction of the pension within one month of the change.
The organization's action for widows and sisters when they marry is a grant equal to the value of their pension for six months.
Upon the death of the believer, an act for those who perform funeral expenses shall be paid a month or a hundred liras, whichever is less.
Only the maintenance debt and then the debt of the enterprise shall be booked or waived for the benefits of the insured or eligible for the enterprise. And finally to the employer's debt and no more than a quarter.
A claim for compensation shall not be receivable if it has been written for compensation within five years of the date of death, the notice of termination of treatment or the degree of disability.
Any action by the competent administrative entity in the face of the enterprise shall be considered as the claim referred to in the preceding paragraph.
Judicial fees in all instances of litigation are exempted from cases filed by workers or due after death in accordance with the provisions of this Act and shall be considered as a matter of urgency and, in all cases, by provisional and without bail and in the event that the case is rejected by a judge to judge a crane. All or some expenses.
Compensation and pensions due in accordance with the provisions of this Act are exempted from fees and taxes of other types.
The value of deductible contributions from the salaries of the insured is also exempted from the amounts to which the tax is based on the earning of the worker.
Contributions, investments, documents, cards, contracts, documents, printed certificates, reports and medical editors required by the implementation of this law are exempted from stamp duties.
The fixed and movable enterprise funds and all its investment operations are exempt from all taxes, fees and benefits imposed by the Government or any other public authority in the Syrian Arab Republic.
The operations of the institution are also exempted from the provisions of the laws on supervision and oversight of the funds.
The amounts due to the Corporation under the provisions of this Law shall have a concession on all funds of the debtor from a property, transferred and met immediately after the judicial expenses.
Each employer shall submit to the institution the lists, statements, notifications and forms, and shall be kept in the books and records required by the execution of this law in accordance with the conditions, conditions and dates specified by the Minister of Social Affairs and to be decided upon by the decision of a board of directors. Organization.
The Inspector of the Institution and their superiors or those who may be reassigned from their staff to carry out the work of the inspection shall have the status of the judicial officer in respect of contravention of the provisions of this Act and the decisions made to him. As such, they have the right to enter the duty shops on normal working dates to carry out the necessary inspection and to familiarize themselves with the records and documents relating to the implementation of this law.
The Foundation may delegate a delegate for the technical and preventive conditions of injury and notify the competent administrative body of the outcome of that investigation.
The inspectors, their superiors and the staff assigned to the inspection work assigned to the first instance court in the area of appointment once just before their job directly, are sworn in as honest and honest, and that they will not be a secret from the secrets of the profession or any industrial invention that they have informed of their function. Even after they broke up with her.
Each one of them holds a card to prove his or her capacity.
Without prejudice to any heavier penalty prescribed by any other law, penalties provided for in the following articles are punishable by the offences referred to in them.
A penalty of one month's imprisonment and a fine of one hundred pounds or one thousand Syrian pounds or one of these penalties shall be punished by each person who collualizes by giving false statements to obtain compensation or pension without the right of his or her or other institution.
A fine of not less than 100 sharks or ten liras and not exceeding 2,000 or 200 liras is punishable by any violation of articles 37, 38, 39, 40, 45, 96, 106 and 107.
A fine of not less than 100 sharks or ten liras is punishable, not exceeding 2,000 liras or 200 liras, in violation of articles 18, 72, 73 and 74.
The fine is due to the extent of the number of workers who have signed the offence, provided that a total of 500 pounds or five thousand Syrian pounds is not a single offence.
The court rules on its own in the case of a violation of article 18, paragraph 2, by obliging the offender to pay the workers the value of their insurance expenses.
A fine of not less than 100 sharks or ten liras is punishable, not exceeding 2,000 or 200 liras, in violation of the third paragraph of Article 78.
The fine is as many as the number of workers who have signed the violation, provided that they do not exceed 500 pounds or five thousand liras for the one violation. If the violation continues for more than 30 days from the date of editing the minutes of the breach, this fine may be increased so that it does not exceed the limit. Ten proverbs.
A fine shall be punishable by not less than 100 sharks or ten liras, not exceeding 1000 or 100 liras. Any person who contravenes articles 43 and 50 shall be fined as much as the number of workers for which the offence has occurred, provided that the sum is no more than 5,000 liras for the one offence.
A term of imprisonment of not more than six months or a fine not exceeding 50 pounds or 500 liras is a secret from the secrets of industry and other working methods that may have been brought to the notice of article 107.
Execution in financial penalties shall not be suspended and the minimum penalty prescribed by law for mitigating reasons may not be reduced.
All amounts sentenced for violations of the provisions of this Law shall be transferred to the institution of social insurance and shall be decided upon by the Minister of Social Affairs and by decision of the Minister of Social Affairs.
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| var dA = new Array (); var x = 0; // first 8 characters in ccyyyy format for single date events // first 8 characters in 0000mmdd format for event year events [x + +] = " 20160417 Statement of the People's Assembly on the seventieth anniversary of independence "; |
       
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