How do you employ a foreign worker in Syria? Permits, social insurance and residency

Under Syrian Labour Law No. 17 of 2010, the Social Insurance Law and the related ministerial decisions.

Registering the worker with the Directorate of Social Affairs and Labour

The employer must notify the competent employment or social affairs and labour directorate of the foreign workers’ particulars, and obtain an initial approval and a formal work permit before employing the foreign worker, including the approval of the Ministry of Interior (Immigration and Passports Department).

Social insurance: who registers, and when

• Who registers: the employer must register the foreign worker with the General Establishment for Social Insurance.
• The deadline: within 15 days of the date the worker starts work.
• The exception: a foreign worker is exempt where they are seconded for short foreign assignments, or under international agreements providing for reciprocity.

The residency procedure, its term and its renewal

• Term: a work residency is usually granted for one renewable year, tied to the term of the work permit issued by the Ministry of Social Affairs and Labour.
• Procedure and renewal: the application is made through the Immigration and Passports Department on the basis of the valid work permit, and the renewal application must be started at least one month before the residency and the permit expire.

The employer’s obligations and the penalties for breach

• Obligations: bearing all costs and fees for the work permit and residency, and not employing a foreign national without a valid permit.
• Penalties and violations: the employer is liable to a fine, usually falling between the social affairs fines and the immigration and passports fines for unlawful residency. The penalty is doubled on repetition, and the foreign worker may be dismissed and deported at the employer’s expense.

The employment contract: the clauses that protect both parties

• Term and nature of the work: setting out the contract term, the job title and the duties clearly.
• Pay and allowances: stating the basic pay, the currency, and the allowances (housing, transport, health insurance and travel tickets).
• Termination conditions and arbitrary dismissal: specifying the cases of termination, the notice periods and the compensation due under Labour Law No. 17.
• Compliance with local rules: an express provision that the contract is subject to Syrian law and the Syrian courts, and that a safe working environment is provided in line with occupational safety requirements.