Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Syrian Arab Republic (Ratification: 1957)

Legislative issues. The Committee notes the Government’s indication that the Syrian Arab Republic is undergoing a period of political, legal and administrative transformation. The Government refers to the signature on 13 March 2025 of the Interim Constitutional Declaration, which has set the parameters and principles applicable in the transitional period and, the formation of the new Syrian Government by Presidential Decree on 29 March 2025. The Government indicates that it has embarked on a comprehensive review of the labour relations and laws. It reaffirms its commitment to the ILO Constitution, indicates that the relationship with the ILO is at the forefront of its priorities, and expresses its appreciation to the Office for providing technical and training support in the preparation of overdue reports and surmounting difficulties. The Government finally affirms that it will make every effort to develop and draft labour legislation aligned with international labour standards and to ensure the full implementation of the Convention and expresses the hope that the ILO support will continue throughout the transitional period until the development of consistent legislation and achievement of the Government’s Sustainable Development Goals related to decent work and economic growth. The Committee welcomes the renewal of the adherence of the Syrian Arab Republic to the ILO Constitution and international labour standards and its commitment to undertake a comprehensive review of labour legislation with a view to ensuring alignment with international standards. In this respect, the Committee, in continuation of its past comments on the application of the Convention in the Syrian Arab Republic, recommends specific legislative measures to ensure compatibility with the provisions of the Convention on the following matters:

1. Application of the Convention to the workers excluded from the Labour Act No. 17 of 2010 pursuant to its section 5(b). The Committee recalls that pursuant to its section 5(b), several categories of workers covered by the Convention (independent workers, civil servants not engaged in the administration of the State, domestic servants and similar categories, workers in charity associations and organizations, casual workers and part-time workers whose hours of work do not exceed two hours per day) are excluded from the scope of application of the Labour Act. The Government indicates in this respect that section 5(b) distinguishes certain categories of workers with specific characteristics with the purpose of regulating their working conditions by specific laws. The Committee requests the Government to take the necessary measures, after consulting the social partners, to ensure that the mentioned categories of workers are accorded the rights enshrined in the Convention (protection against acts of anti-union discrimination and interference, and the right to collective bargaining), either through the revision of section 5(b) of the Labour Act or through the adoption of any other legislative instrument. The Committee requests the Government to provide information on the progress made in this respect.

2. Articles 2 and 3 of the Convention. Adequate protection against acts of interference. In its previous comments, the Committee had noted that the Labour Act does not expressly prohibit acts of interference. The Government indicates in this respect that there is no overlap between employers’ and workers’ organizations, and they address issues of common interest in the form of dialogue councils and joint committees. The Committee recalls that acts of interference may occur despite the absence of formal overlap between the statutes of workers’ and employers’ organizations. For example, they include acts which are designed to promote the establishment of workers’ organizations under the domination of an employer or an employers’ organization, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or employers’ organizations. The Committee requests the Government to take the necessary measures to revise the Labour Act to add provisions expressly prohibiting, and providing for sufficiently dissuasive penalties against, all acts of interference in the establishment, functioning or administration of workers’ and employers’ organizations as defined in Article 2 of the Convention.

3. Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee had found that section 187(c) of the Labour Act grants excessive power to the Ministry of Social Affairs and Labour to refuse to register a collective agreement. The Government indicates in this respect that the decision of the Ministry is appealable before the Administrative Court. The Committee recalls that the unqualified power that the current version of section 187(c) accords the Ministry is contrary to the principle of free and voluntary collective bargaining enshrined in the Convention, and the fact that it is appealable before a court does not reduce the legal scope of this power. The Committee therefore requests the Government to take the necessary measures to revise section 187(c) of the Labour Act, which gives unrestricted discretion to the Ministry of Social Affairs and Labour to object to and refuse the registration of collective agreements, to add that the Ministry can only object to the agreement and refuse to register it on grounds of a procedural flaw or because it does not conform to the minimum standards laid down by labour legislation.

4. Compulsory arbitration. In its previous comments, the Committee had noted that section 214 of the Labour Act provides for arbitration at the request of either party (compulsory arbitration) in case of failure of mediation on collective labour disputes. The Government indicates in this respect that the Labour Act was drafted in consultation with social partners and is consistent with their will, and in substance is more consensual than compulsory. The Committee recalls that the outcome of an arbitration is binding on both parties, and where arbitration can be initiated at the request of one of the parties only, it is imposed on the other party. The Committee requests the Government to take the necessary measures to revise section 214(b) of the Labour Act, to ensure that only in the following cases the law allows a collective dispute to be submitted to compulsory arbitration (at the request of either party): (i) in essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; (ii) in the case of disputes in the public service involving public servants engaged in the administration of the State; (iii) when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; or (iv) in the event of an acute crisis (2012 General Survey on the Fundamental Conventions, para. 247).

5. Arbitration bodies. In its previous comments, the Committee had noted that the composition of the arbitration tribunal established in section 215 of the Labour Act could raise questions concerning its independence and impartiality and entail the loss of the confidence of the parties. The Government indicates in this respect that this composition assures fairness in the consideration of the dispute. The Committee recalls that in a balanced composition, each party to the dispute may appoint an equal number of arbitrators, and one neutral chairperson may be agreed on by the parties or appointed by the State. The Committee therefore requests the Government to take the necessary measures to revise section 215 of the Labour Act to ensure that the composition of the arbitration tribunal is balanced and has the confidence of the parties.

Promotion of collective bargaining. The Committee notes the Government’s indication that no collective agreements existed in the country during the reporting period, and that matters such as safety and health standards and wage increases were agreed upon between the trade union committee and the management via administrative committees and boards of directors. The Government further indicates that by a decision dated 27 April 2025, the Consultative Council for Labour and Social Dialogue was reconstituted. The level of representation of heads of workers’ and employers’ organizations on the Council is raised to enhance its work, which includes submitting proposals and delivering opinions on draft labour legislation, and proposing means of developing collective bargaining and encouraging the conclusion of collective labour agreements. Noting this information with interest,the Committee requests the Government to take measures, with the involvement of the reconstituted Consultative Council for Labour and Social Dialogue, to promote and encourage, in all the sectors covered by the Convention, the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements, in conformity with Article 4 of the Convention.

The Committee trusts that the Government’s efforts for aligning the national legislation and practice with the Convention will be carried out in consultation with the social partners and will soon produce tangible effects. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this respect. It requests the Government to provide information on the measures taken to apply the recommendations of the Committee.