Trade union rights in law
There is little room for trade union activity in Syria despite the enactment of a new Labour Code in April 2010. The Constitution provides for freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
, but workers may not establish unions independent of the government. In addition, all workers’ organisations must belong to the General Federation of Trade Unions (GFTU), which is strictly controlled by the ruling party. The GFTU also controls most aspects of union activities; it determines which sectors or occupations can have a union, and sets the conditions and procedures for the use of trade union funds. It also has the power to disband the executive committee of any union. Foreign workers may join the union of their profession but they may not be elected to trade union office.
The right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is recognised in the 2010 Labour Code, however the Ministry of Social Affairs and Labour has vast powers to object to and refuse the registration of concluded collective agreements. Furthermore, while strikes are not prohibited, the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is severely restricted by the threat of punishment and fines. Strikes involving more than 20 workers in certain sectors, including transport and telecommunications, are punishable by fines and even prison sentences. The same applies to any strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action which takes place on public highways or in public places, or that involves the occupation of premises. Civil servants who disrupt the operation of public services risk losing their civil rights. Finally, forced labour can be imposed on anyone who causes “prejudice to the general production plan”.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is recognized by law but strictly regulated.
The new Labour Code enacted in April 2010 applies to labour relations in the private sector, the cooperative sector, and the mixed sector that is not covered by the Civil Servants Basic Law.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Restrictions
Restrictions on workers' right to form and join organizations of their own choosing:
- >Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- All workers’ organisations must belong to the General Federation of Trade Unions (GFTU), which is strictly controlled by the ruling Ba’ath party. The president of the GFTU is a senior member of the party.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- The law authorises the Ministry of Labour to determine the composition of the General Federation of Trade Unions (GFTU) congress and to set the conditions and procedures for the use of trade union funds. The GFTU has the power to disband the executive committee of any union.
- >Restrictions on the right to freely organise activities and formulate programmes
- The General Federation of Trade Unions controls most aspects of union activity and determines which sectors or occupations can have a union.
- >Other external interference allowed by law
- The law confers powers to the Minister to set the conditions and procedures for the investment of trade union funds in financial services and in industrial sectors.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Non-national or migrant workers
- Foreign workers may join the union of their profession but may not stand for election to trade union office.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Restrictions
Restrictions on the principle of free and voluntary bargaining:
- >Authorities' approval of freely concluded collective agreements
- Pursuant to the 2010 Labour Code, collective agreements become effective after they are filed and registered with the Ministry of Social Affairs and Labour. The Ministry has vast powers to object to and refuse the registration of the agreements, however the parties may have recourse to the State Council administrative court.
Limitations or ban on collective bargaining in certain sectors:
- >Other categories
- Domestic servants and similar workers, workers in charity associations and organisations, as well as casual workers are excluded from the provisions of the 2010 Labour Code.
Right to strike
Principles
Right to strike:
- >The right to strike is not specifically protected in law, but neither is it explicitly prohibited except for workers in essential services.
Although the law does not forbid strikes, the right to strike is severely restricted by the threat of punishment and fines.
Restrictions
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Strikes involving more than 20 workers in certain sectors (including transport, postal services and telecommunications) are punishable by fines and even prison sentences. The same applies to any strike action which takes place on the public highways or in public places, or that involves the occupation of premises. Civil servants who disrupt the operation of public services risk losing their civil rights. Forced labour can be imposed on anyone who causes "prejudice to the general production plan".