ILO Conventions No. 95. Characteristics of individual conventions of the International Labor Organization on wages

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It is customary to classify them on various grounds, including the body that adopted them, legal force (mandatory and advisory), and scope of action (bilateral, local, general).

UN covenants and conventions are binding on all countries that ratify them. The International Labor Organization adopts two types of acts containing standards for the legal regulation of labor: conventions and recommendations. Convention are international agreements and are binding on countries that ratify them. If the convention is ratified, the state takes the necessary measures to implement it at the national level and regularly submits reports to the Organization on the effectiveness of such measures. According to the ILO Constitution, a state's ratification of a convention cannot affect national rules that are more favorable to workers. For unratified conventions, the Governing Body may request information from the state on the state of national legislation and practice in its application, as well as on measures to improve them that are proposed to be taken. Recommendations do not require ratification. These acts contain provisions that clarify, detail the provisions of the conventions, or a model for regulating social and labor relations.

At present, it has been decided to slightly modify the ILO approach to the creation of conventions in order to ensure greater flexibility of legal regulation. Framework conventions will be adopted containing minimum guarantees of workers' rights, supplemented by relevant annexes. One of the first such acts was Convention No. 183 “Revising the Maternity Protection Convention (Revised), 1952.” A number of important provisions on maternity protection are contained in the relevant Recommendation. This approach makes it possible to encourage countries with an insufficient level of protection of social and labor rights to ratify this Convention and thereby ensure the minimum guarantees enshrined in it. Some developing countries fear that ratification of ILO conventions will place undue burden on employers. For economically more developed countries, these conventions set guidelines for increasing the level of guarantees. A study of the ILO's experience shows that states do not ratify certain conventions for various reasons, including in cases where at the national level, legislation or practice already provides a higher level of protection of workers' rights.

Main directions of international legal regulation of labor

The International Labor Organization is actively rule-making activities. During its existence, 188 conventions and 200 recommendations were adopted.

Eight ILO conventions are considered fundamental. They enshrine the basic principles of legal regulation of labor. These are the following conventions.

Convention No. 87 on Freedom of Association and Protection of the Right to Organize (1948), Convention No. 98 Concerning the Application of the Principles of the Right to Organize and Collective Bargaining (1949) establish the right of all workers and employers without prior permission create and join organizations. State authorities must not limit this right or interfere with its exercise. Measures are provided to protect the right to freedom of association, to protect trade unions from discrimination, as well as workers' and entrepreneurs' organizations from interference in each other's affairs.

Convention No. 29 Relating to Forced or Compulsory Labor (1930) requires the abolition of forced or compulsory labor in all its forms. Forced or compulsory labor means any work or service that is required of a person under threat of punishment and for which that person has not offered his or her services voluntarily. A list of works that are not included in the concept of forced or compulsory work has been determined.

Convention No. 105 “Abolition of Forced Labor” (1957) strengthens the requirements and establishes the obligations of states not to resort to any form of it as:

means of political influence or education or as a measure of punishment for the presence or expression of political views or ideological beliefs contrary to the established political, social or economic system;
method of mobilizing and using labor for economic development;
means of maintaining labor discipline;
means of punishment for participation in strikes;
measures of discrimination based on race, social and national origin or religion.

Convention No. 111 Relating to Discrimination (Employment and Occupation) (1958) recognizes the need for national policies aimed at eliminating discrimination in employment and training on the grounds of race, colour, sex, religion, political opinion, national or social origin .

Convention No. 100 Concerning Equal Remuneration for Men and Women for Work of Equal Value (1951) requires States to promote and ensure the implementation of the principle of equal remuneration for men and women for work of equal value. This principle may be applied by national legislation, any system of determining remuneration established or recognized by law, collective agreements between employers and workers, or a combination of various methods. To this end, it is also envisaged to take measures to facilitate an objective assessment of the work performed based on the labor expended. The Convention deals with the issue of basic wages and other remuneration provided directly or indirectly in money or in kind by the employer to the worker by virtue of the latter's performance of certain work. It defines equal remuneration for work of equal value as remuneration determined without discrimination on the basis of sex.

Convention No. 138 on the Minimum Age for Admission to Employment (1973) was adopted to eliminate child labor. The minimum age for employment should not be lower than the age of completion of compulsory education.

Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (1999) obliges states to immediately take effective measures to prohibit and eliminate the worst forms of child labor. The purposeful activities of the ILO over the past two decades, as well as the adoption of the 1944 Declaration, have contributed to an increase in the number of ratifications of these conventions.

Four more conventions are considered priority by the ILO:

No. 81 "On Labor Inspection in Industry and Commerce" (1947) - establishes the obligation of states to have a system of labor inspection in industrial enterprises to ensure the application of legal provisions relating to working conditions and the protection of workers in the course of their work. It defines the principles of organization and activities of inspections, the powers and responsibilities of inspectors;
No. 129 “On Labor Inspection in Agriculture” (1969) - based on the provisions of Convention No. 81, formulates provisions on labor inspection taking into account the specifics of agricultural production;
No. 122 “On Employment Policy” (1964) - provides for the implementation by ratifying states of an active policy to promote full, productive and freely chosen employment;
No. 144, Tripartite Consultation to Promote the Application of International Labor Standards (1976), provides for tripartite consultation between representatives of government, employers and workers at the national level on the development, adoption and application of ILO conventions and recommendations.

In general, we can highlight the following main directions of legal regulation ILO:

basic human rights;
employment;
social politics;
regulation of labor issues;
labor relations and working conditions;
social Security;
legal regulation of the labor of certain categories of workers (particular attention is paid to the prohibition of child labor, labor protection for women; a significant number of acts are devoted to the regulation of the labor of sailors, fishermen and some other categories of workers).

The adoption of new generation conventions is due to a significant number of ILO acts and the urgent need to adapt the standards they contain to modern conditions. They represent a kind of systematization of international legal regulation of labor in a certain area.

Throughout its history, the ILO has paid significant attention to the regulation of the labor of seafarers and workers in the fishing sector. This is due to the nature and working conditions of these categories of persons, which especially require the development of international standards of legal regulation. About 40 conventions and 29 recommendations are devoted to the issues of regulating the labor of seafarers. In these areas, first of all, new generation IG conventions were developed: “Labor in Maritime Shipping” (2006) and “On Labor in the Fishing Sector” (2007). These conventions should provide a qualitatively new level of protection of the social and labor rights of these categories of workers.

The same work has been carried out in relation to labor protection standards - we are talking about ILO Convention No. 187 “On the principles promoting occupational safety and health” (2006), supplemented by the corresponding Recommendation. The Convention stipulates that a state that has ratified it shall promote the continuous improvement of occupational safety and health in order to prevent cases of occupational injuries, occupational diseases and deaths at work. To this end, policies, systems and programs are developed in consultation with the most representative employers' and workers' organizations at the national level.

The National Safety and Hygiene System includes:

regulations, collective agreements and other relevant instruments on occupational safety and health;
activities of the body or department responsible for occupational safety and health issues;
mechanisms to ensure compliance with national laws and regulations, including inspection systems;
measures aimed at ensuring cooperation at the enterprise level between its management, employees and their representatives as a basic element of preventive measures at work.

The Recommendation on the Framework for Promoting Occupational Safety and Health complements the provisions of the Convention and is aimed at facilitating the development and adoption of new instruments and the international exchange of information in the field of occupational safety and health.

In the sphere of labor relations regulation, conventions on termination of employment and wage protection are of great importance. ILO Convention No. 158 on Employment Termination (1982) was adopted to protect workers from termination of employment without legal grounds. The Convention establishes the requirement of justification - there must be a legal basis related to the abilities or behavior of the worker or caused by production necessity. It also lists reasons that are not legal grounds for termination of employment, including: membership in a union or participation in union activities; intention to become a workers' representative; acting as a representative of breastfeeding women; filing a complaint or participating in a case brought against an entrepreneur on charges of violating the law; discriminatory grounds - race, color, sex, marital status, family responsibilities, pregnancy, religion, political opinion, nationality or social origin; absence from work while on maternity leave; temporary absence from work due to illness or injury.

The Convention sets out both the procedures to be followed before and during the termination of an employment relationship and the procedure for appealing a decision to dismiss. The burden of proving the existence of a legal basis for dismissal rests with the employer.

The Convention provides for the right of the employee to be given reasonable notice of the planned termination of the employment relationship or the right to monetary compensation in lieu of notice if he has not committed a serious misconduct; the right to severance pay and/or other types of income protection (benefits from the unemployment insurance fund, unemployment funds or other forms of social security). In case of unjustified dismissal, the impossibility of canceling the decision on dismissal and reinstating the worker to his previous job, payment of appropriate compensation or other benefits is expected. In the event of termination of the employment relationship for economic, technological, structural or similar reasons, the employer is obliged to inform the employees and their representatives, as well as the relevant government agency, about this. States at the national level may impose certain restrictions on mass layoffs.

ILO Convention No. 95 “On the Protection of Wages” (1949) contains a significant number of rules aimed at protecting the interests of workers: on the form of payment of wages, on the limitation of payment of wages in kind, on the prohibition of entrepreneurs from limiting the freedom to dispose of their wages according to at its discretion and a number of other important provisions. In Art. 11 of this Convention stipulates that in the event of bankruptcy of an enterprise or its liquidation in court, workers will enjoy the position of privileged creditors.

The International Labor Organization also adopted Convention No. 131 “On the Establishment of Minimum Wages with Special Consideration to Developing Countries” (1970). In accordance with it, states undertake to introduce a minimum wage system covering all groups of employees whose working conditions make the application of such a system appropriate. The minimum wage under this Convention “shall have the force of law and shall not be reduced.” When determining the minimum wage, the following factors are taken into account:

the needs of workers and their families, taking into account the general level of wages in the country, the cost of living, social benefits and the comparative standard of living of other social groups;
economic considerations, including economic development requirements, productivity levels, and the desirability of achieving and maintaining high levels of employment. To ensure the effective implementation of all minimum wage provisions, appropriate measures such as proper inspection, supplemented by other necessary measures, are taken.

List of ILO conventions in force in the Russian Federation

1. Convention No. 11 “On the right of organization and association of workers in agriculture” (1921).

2. Convention No. 13 “On the use of white lead in painting” (1921).

3. Convention No. 14 “On weekly rest in industrial undertakings” (1921).

4. Convention No. 16 “On the compulsory medical examination of children and young persons employed on board ships” (1921).

5. Convention No. 23 “On the Repatriation of Seafarers” (1926).

6. Convention No. 27 “On the Indication of the Weight of Heavy Goods Carried on Ships” (1929).

7. Convention No. 29 “Forced or Compulsory Labor” (1930).

8. Convention No. 32 “On the protection against accidents of workers engaged in loading or unloading ships” (1932).

9. Convention No. 45 “On the Employment of Women in Underground Work in Mines” (1935).

10. Convention No. 47 “On the reduction of working time to forty hours a week” (1935).

11. Convention No. 52 “On annual holidays with pay” (1936).

12. Convention No. 69 “On the issuance of certificates of competency for ship's cooks” (1946).

13. Convention No. 73 “On the Medical Examination of Seafarers” (1946).

14. Convention No. 77 “On the medical examination of children and adolescents with a view to ascertaining their suitability for work in industry” (1946).

15. Convention No. 78 “On the Medical Examination of Children and Young Persons for the Purpose of Determining Their Fitness for Non-Industrial Work” (1946).

16. Convention No. 79 “On the Medical Examination of Children and Young Persons for the Purpose of Determining Their Fitness for Work” (1946).

17. Convention No. 87 “On Freedom of Association and Protection of the Rights to Organize” (1948).

18. Convention No. 90 on Night Work by Young Persons in Industry (revised 1948).

19. Convention No. 92 on Accommodation for Crews on Board Ships (revised 1949).

20. Convention No. 95 “On the Protection of Wages” (1949).

21. Convention No. 98 “On the Application of the Principles of the Right to Organize and to Collective Bargaining” (1949).

22. Convention No. 100 “On equal remuneration for men and women for work of equal value” (1951).

23. Maternity Protection Convention No. 103 (1952).

24. Convention No. 106 “On weekly rest in commerce and institutions” (1957).

25. Convention No. 108 “National Identity Document for Seafarers” (1958).

26. Convention No. 111 on Discrimination (Employment and Occupation) (1958).

27. Convention No. 113 “Medical Examination of Seafarers” (1959).

28. Convention No. 115 “On the Protection of Workers from Ionizing Radiation” (1960).

29. Convention No. 116 “On the Partial Revision of Conventions” (1961).

30. Convention No. 119 “On the provision of protective devices for machinery” (1963).

31. Convention No. 120 “On Hygiene in Commerce and Establishments” (1964).

32. Employment Policy Convention No. 122 (1964).

33. Convention No. 124 “On the Medical Examination of Young Persons for the Purpose of Determining Their Fitness for Work in Underground Work in Mines and Mines” (1965).

34. Convention No. 126 on Crew Accommodation on Board Fishing Vessels (1966).

35. Convention No. 133 “On accommodation for crew on board ships”. Additional Provisions (1970).

36. Convention No. 134 “On the Prevention of Occupational Accidents among Seafarers” (1970).

37. Minimum Age Convention No. 138 (1973).

38. Convention No. 142 “On Vocational Guidance and Training in the Field of Human Resources Development”.

39. Convention No. 147 “Minimum Standards on Merchant Ships” (1976).

40. Convention No. 148 “On the protection of workers against occupational hazards caused by air pollution, noise and vibration at work” (1977).

41. Convention No. 149 “On the employment and working and living conditions of nursing personnel” (1977).

42. Convention No. 159 “On Vocational Rehabilitation and Employment of Persons with Disabilities” (1983).

43. Labor Statistics Convention No. 160 (1985).

The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office, and meeting on June 8, 1949, in its thirty-second session, having decided upon the adoption of certain proposals concerning the protection of wages, being the seventh item on the agenda of the session, having decided to give these proposals the form of an international convention , adopts this first day of July of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Security of Wages Convention, 1949:

Article 1

For the purposes of this Convention, the term "wages" means, regardless of name or method of calculation, any remuneration or earnings, calculated in money and fixed by agreement or national law, which, by virtue of a written or oral contract of employment, an employer pays to a worker for work that performed, or to be performed, or for services that are provided, or are to be provided.

Article 2

1. This Convention applies to all persons to whom wages are paid or due.

2. The competent authority may, after consultation with the relevant organizations of employers and workers, where such exist and have a direct interest, exclude from the application of this Convention as a whole or of certain provisions thereof categories of persons who work in such circumstances and under such conditions that the application to them of all or some of the provisions mentioned is inappropriate, and who are not engaged in manual work or are engaged in domestic or similar work.

3. Each Member shall indicate in its first annual report on the application of this Convention submitted in accordance with Article 22 of the Constitution of the International Labor Organization all categories of persons which it intends to exclude from all or any of the provisions of the Convention in accordance with the provisions of the preceding paragraph. . Thereafter, no Member of the Organization will be able to make such exceptions except in relation to the categories of persons specified in the manner mentioned.

4. Each Member which has indicated in its first annual report the categories of persons which it intends to exclude from all or any of the provisions of this Convention shall, in its subsequent reports, indicate the categories of persons in respect of whom it waives the right to benefit from the provisions of paragraph 2 of this Convention. Article and reports any measures it has taken to apply the Convention to these categories of persons.

Article 3

2. The competent authority may authorize or order the payment of wages by bank checks or postal orders if such form of payment is customary or necessary due to special circumstances or if a collective agreement or decision of an arbitration body so provides, or in the absence of such orders, if the worker concerned agrees to This.

Article 4

2. Where partial payment of wages in kind is permitted, appropriate measures shall be taken to ensure that:

a) such benefits contributed to or benefited the personal consumption of the worker and his family;

b) the cost of such issuance was fair and reasonable.

Article 5

Wages are paid directly to the employee concerned, unless a different method of payment is provided for by the legislation of the country, collective agreements or arbitration awards, or when there is personal consent of the employee.

Article 6

Employers are prohibited from interfering in any way with the free disposal of their wages by employees.

Article 7

1. When enterprises maintain stores for the sale of essential necessities to employees or provide other services connected with the enterprise, the workers of the enterprise shall not be forced to use such stores or other services.

2. When access to other stores or services is not possible, the competent authority shall take appropriate measures to ensure that workers are given the opportunity to purchase goods or services at prices that are fair and accessible to them, or that stores opened by the enterprise or services provided to them are provided their functions not for the purpose of making a profit for the enterprise, but in the interests of the workers employed there.

Article 8

2. Workers shall be notified in the manner most appropriate to the discretion of the competent authorities as to under what conditions and in what amounts such deductions may be made.

Article 9

Any deductions from wages made from employees in favor of the employer or his representative or any intermediary (for example, a contractor or recruiter) for the purpose of securing or maintaining employment through direct or indirect compensation are prohibited.

Article 10

1. Wages may be subject to seizure or assignment only in the form and to the extent prescribed by national legislation.

2. Wages are protected from seizure and assignment to the extent that this is considered necessary to ensure the maintenance of the employee and his family.

Article 11

1. In the event of the bankruptcy of an enterprise or its liquidation by court, the workers employed in that enterprise shall enjoy the position of privileged creditors either in respect of wages due to them for services rendered in the period preceding the bankruptcy or liquidation, which is determined by national legislation, or in in respect of wages, the amount of which does not exceed the amount prescribed by national legislation.

2. The wages constituting this preferred credit must be paid in full before the ordinary creditors can claim their share.

3. The order of repayment of a privileged loan representing wages in relation to other types of privileged loans is determined by national legislation.

Article 12

2. Upon termination of an employment contract, final payment of all wages due shall be made in accordance with the law of the country, a collective agreement or arbitration award or, in the absence of such legislation, agreement or award, within a reasonable period of time depending on the terms of the contract .

Article 13

2. It is prohibited to pay wages in taverns or other similar establishments, and also, if necessary to prevent abuse, in retail stores and places of entertainment, except in cases where wages are paid to persons employed in such establishments.

Article 14

Where necessary, effective measures are taken to ensure that workers are notified in an appropriate and easily accessible manner:

a) before they begin work, and also in cases where any changes occur, about the conditions relating to wages under which they are hired;

b) at each payment of wages, the various components of their wages for a given period, as they may be subject to change.

Article 15

Legislation giving effect to the provisions of this Convention:

a) communicated to interested parties;

b) determines the persons responsible for its compliance;

c) prescribe appropriate penalties or other appropriate measures in case of violation;

d) ensures, in all appropriate cases, that proper records are made in the prescribed form and manner.

Article 16

The annual reports submitted in accordance with Article 22 of the Constitution of the International Labor Organization shall give full details of the measures taken to give effect to the provisions of this Convention.

Article 17

2. Each Member shall, in its first annual report on the application of this Convention submitted in accordance with Article 22 of the Constitution of the International Labor Organization, indicate all the areas in respect of which it intends to take advantage of the provisions of this article, and the reasons why it intends to take advantage of these provisions. provisions. Thereafter, no Member may make use of the provisions of this Article except in relation to the areas so designated by it.

3. Each Member which makes use of the provisions of this Article shall review, at least every three years and in consultation with the relevant employers' and workers' organizations, where they exist, the possibility of extending this Convention to areas excluded from its application by virtue of paragraph 1 .

4. Each Member making use of the provisions of this Article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to benefit from the said provisions, as well as all measures which it has taken with a view to gradually extending the scope of application of this Convention to such areas .

Article 18

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 19

1. This Convention binds only those Members of the International Labor Organization whose instruments of ratification have been registered by the Director General.

2. It shall enter into force twelve months after the Director General has registered the instruments of ratification of two Members of the Organization.

3. Thereafter, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 20

1. Applications sent to the Director General of the International Labor Office in accordance with paragraph 2 of Article 35 of the Constitution of the International Labor Organization contain instructions regarding:

a) territories in respect of which the Member concerned undertakes to apply the provisions of the Convention without modification;

b) the territories in respect of which it undertakes to apply the provisions of the Convention, subject to their modification, and the details of these modifications;

c) territories in which the Convention will not apply, and in such a case, the reasons why it will not apply;

d) territories in respect of which it reserves its decision pending further consideration of this provision.

2. The obligations referred to in subparagraphs a and b of paragraph 1 of this article are considered an integral part of the instrument of ratification and entail the same consequences as it.

3. Any Member of the Organization may, by means of a new declaration, waive all or part of the reservations contained in its previous declaration, by virtue of subparagraphs b, c and d of paragraph 1 of this article.

4. Any Member shall have the right, during periods during which this Convention may be denounced in accordance with the provisions of Article 22, to forward to the Director General a new declaration modifying in any other respect the terms of any previous declaration and reporting the existing situation in certain territories.

Article 21

2. The Member or Members of the Organization concerned or the international authority may at any time, by a new declaration, waive in whole or in part the right to use the modifications specified in any previous declaration.

3. The Member or Members of the Organization concerned or the international authority, during periods when the Convention may be denounced in accordance with the provisions of Article 22, may address to the Director General a new declaration modifying in any other respect the terms of any previous declaration and stating the existing position with respect to the application of this Convention.

Article 22

1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by an act of denunciation addressed to the Director-General of the International Labor Office for registration. The denunciation takes effect one year after the registration of the act of denunciation.

2. Each Member which has ratified this Convention and which, within the year following the expiration of the period of ten years referred to in the preceding paragraph, does not exercise its right of denunciation provided for in this article, will be bound for a further period of ten years and may thereafter denounce this Convention upon the expiration of each ten-year period in the manner prescribed in this article.

Article 23

2. When notifying Members of the Organization of the registration of the second instrument of ratification received by it, the Director General draws their attention to the date of entry into force of the Convention.

Article 24

The Director-General of the International Labor Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full particulars of all instruments of ratification, declarations and denunciations registered by him in accordance with the provisions of the preceding Articles.

Article 25

Whenever the Governing Body of the International Labor Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and shall decide whether its full or partial revision should be included in the agenda of the Conference.

Article 26

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides to the contrary, then:

a) the ratification by any Member of the Organization of a new revising Convention shall automatically, notwithstanding the provisions of Article 22, entail the immediate denunciation of this Convention, provided that the new revising Convention has entered into force;

b) from the date of entry into force of the new, revising convention, this Convention is closed for ratification by Members of the Organization.

2. This Convention remains in force in any case in form and content in relation to those Members of the Organization that have ratified it, but have not ratified the new revising convention.

Article 27

The English and French texts of this Convention are equally authentic.

(Geneva, July 1, 1949)

General Conference of the International Labor Organization,

Convened at Geneva by the Governing Body of the International Labor Office, and meeting there on June 8, 1949, in its Thirty-Second Session,

Having decided to adopt various proposals regarding wage protection, the seventh item on the agenda of the session,

Having decided that these proposals shall take the form of an international convention,

Adopts this first day of July of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Wages Protection Convention, 1949.

Article 1

For the purposes of this Convention, the term "wages" means, regardless of name or method of calculation, any remuneration or earnings, capable of being calculated in money and fixed by agreement or national law, which the employer is required to pay by virtue of a written or oral contract for the hiring of services. , to a worker for work that is either performed or to be performed, or for services that are either rendered or are to be rendered.

Article 2

1. This Convention applies to all persons to whom wages are paid or are to be paid.

2. The competent authority, after consultation with employers' and workers' organizations, where such organizations exist and have a direct interest, may exempt from the application of the Convention as a whole or of certain of its provisions categories of persons who work in such circumstances and under such conditions that the application of all or some of the provisions mentioned is impractical, and who are not engaged in manual work or are employed in household or similar service.

3. Each Member shall, in its first annual report on the application of this Convention in accordance with Article 22 of the Constitution of the International Labor Organization, indicate all categories of persons which it proposes to exclude from all or any of the provisions of the Convention in accordance with the provisions of the preceding paragraph. Thereafter, no Member will be able to make such exceptions except in respect of the categories of persons specified in this report.

4. Each Member which has indicated in its first annual report the categories of persons whom it proposes to exclude from all or any of the provisions of this Convention shall, in its subsequent reports, indicate the categories of persons in respect of whom it waives the right to invoke the provisions of paragraph 2 of this article, and report on any progress that may be made towards the application of this Convention to these categories of persons.

Article 3

1. Wages paid in cash will be paid exclusively in legal money, and payment in the form of bills, bonds, coupons or any other form intended to replace legal money will be prohibited.

2. The competent authority may authorize or order the payment of wages by bank checks or postal orders if such form of payment is customary or is necessary in view of special circumstances and if a collective agreement or decision of an arbitration body so provides or, in the absence of such provisions, the worker concerned agrees on this.

Article 4

1. National legislation, collective agreements or decisions of arbitration bodies may authorize partial payment of wages in kind in those industries or professions where this form of payment is customary or desirable due to the nature of the industry or profession in question. Payment of wages in the form of alcohol or drugs is under no circumstances allowed.

2. Where partial payment of wages in kind is permitted, appropriate measures must be taken to:

a) the issue in kind was intended for the personal use of the worker and his family and was in accordance with their interests;

b) the issue was made at a fair and reasonable price.

Article 5

Wages will be paid directly to the worker concerned unless national law, a collective agreement or a decision of an arbitration body provides otherwise and unless the worker concerned agrees to a different method.

Article 6

The employer is prohibited from restricting in any way the freedom of the worker to dispose of his wages at his own discretion.

Article 7

1. If an enterprise has shops selling goods to workers or supply services, no coercion should be exercised on the workers concerned to make them use the services of these shops and services.

2. If it is not possible to use other shops or services, the competent authority must take appropriate measures to ensure that goods and services are sold at fair and reasonable prices or to ensure that shops or services operated by the undertaking are not operated for profit. , but in the interests of workers.

Article 8

1. Deductions from wages may be made only under the conditions and within the limits prescribed by national legislation or determined in a collective agreement or in a decision of an arbitration body.

2. Workers shall be notified, in such manner as the competent authority considers most appropriate, of the conditions and limits within which such deductions may be made.

Article 9

All deductions from wages are prohibited, the purpose of which is to directly or indirectly pay workers to the employer, his representative or any intermediary (such as a labor recruiter) for obtaining or retaining service.

Article 10

1. Wages may be subject to seizure or transfer only in such form and to such extent as are prescribed by national law.

2. Wages must be protected against seizure and transfer to the extent considered necessary for the maintenance of the worker and his family.

Article 11

1. In the event of the bankruptcy of an enterprise or its liquidation by judicial process, the workers employed in that enterprise shall enjoy the position of privileged creditors, either in respect of the wages they should receive for services rendered during the period preceding the bankruptcy or liquidation, which shall be determined by the national legislation, or in respect of wages the amount of which does not exceed the amount prescribed by national legislation.

2. The wages constituting this preferred credit will be paid in full before the ordinary creditors can claim their share.

3. The order of priority for repayment of a privileged loan representing wages in relation to other types of privileged credit shall be determined by national legislation.

Article 12

1. Salaries will be paid at regular intervals. Unless other appropriate arrangements exist to ensure the payment of wages at regular intervals, wage payment periods should be prescribed by national law or determined by a collective agreement or decision of an arbitration body.

2. When the term of an employment contract expires, the final payment of wages due to the worker must be made in accordance with national law, a collective agreement or a decision of an arbitration body, or, in the absence of such legislation, agreement or decision, within a reasonable time taking into account the terms of the contract .

Article 13

1. Payment of wages, when made in cash, shall take place only on working days and at or near the place of work, unless national legislation, a collective agreement or a decision of an arbitration body provides otherwise or other rules to which the workers concerned should be familiarized, are not considered more appropriate.

2. It is prohibited to pay wages in places of sale of drinks or other similar establishments, and also, if necessary to prevent abuses, in retail stores and places of entertainment, except in cases where the wages are received by persons working in such establishments.

Article 14

If necessary, effective measures should be taken to inform workers in a convenient and easily understandable way:

a) about the conditions for calculating the wages due to them before they enter work, and each time these conditions change;

b) at the time of each payment, the constituent elements of wages for each given period, to the extent that these elements may vary.

Article 15

Legislation giving effect to the provisions of this Convention shall:

a) be communicated to interested parties;

b) indicate the persons who are responsible for their implementation;

c) prescribe appropriate sanctions in cases of violation;

d) provide, whenever necessary, for the maintenance of records in an appropriate form and method.

Article 16

Annual reports submitted in accordance with the provisions of Article 22 of the Constitution of the International Labor Organization shall contain full information on measures taken to give effect to the provisions of this Convention.

Article 17

1. Where the territory of a Member of the Organization includes large areas where the competent authority, owing to the dispersed nature of the population or the level of its development, considers it impracticable to apply the provisions of this Convention, that competent authority may, after consultation with the employers' organizations concerned and workers, where such organizations exist, to exclude the said areas from the application of this Convention, either generally or with such exceptions as it considers appropriate in respect of certain undertakings or certain types of work.

2. Each Member shall, in its first annual report on the application of this Convention, which it shall submit in accordance with Article 22 of the Constitution of the International Labor Organization, state each area in respect of which it proposes to avail itself of the provisions of this Article, and shall state the reasons therefor. in view of which he proposes to take advantage of these provisions. Thereafter, no Member of the Organization shall be able to use the provisions of this Article except in relation to the areas so designated by it.

3. Each Member making use of the provisions of this Article shall, at intervals not exceeding three years, and after consultation with the employers' and workers' organizations concerned, where such organizations exist, consider the possibility of extending the application of this Convention to areas excluded from its application. by virtue of paragraph 1.

4. Each Member making use of the provisions of this Article shall report in its subsequent annual reports the areas in respect of which it waives the right to invoke the said provisions and the progress made in gradually extending the application of this Convention to such areas.

Article 18

Official instruments of ratification of this Convention will be sent to the Director General of the International Labor Office for registration.

Article 19

1. This Convention will bind only those members of the International Labor Organization whose instruments of ratification have been registered by the Director-General.

2. It will come into force twelve months after the Director General has registered the instruments of ratification of two Members of the Organization.

3. Thereafter, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 20

1. Declarations to be sent to the Director General of the International Labor Office in accordance with paragraph 2 of Article 35 of the Constitution of the International Labor Organization must contain indications of:

a) the territories in which the Member concerned undertakes to apply the provisions of this Convention without modification;

b) the territories in respect of which it undertakes to apply the provisions of the Convention as amended, and the content of these amendments;

c) the territories to which the Convention will not apply, and in this case the reasons why it will not apply;

d) territories in respect of which he reserves his decision pending a more detailed consideration of the situation in the relations of these territories.

2. The obligations referred to in subparagraphs a) and b) of paragraph 1 of this article will be considered an integral part of the instruments of ratification and will entail the same consequences as it.

3. Any Member of the Organization may, by means of a new declaration, renounce all or part of the reservations made in its previous declaration in accordance with subparagraphs b), c) and d) of paragraph 1 of this article.

4. Any Member of the Organization may, during periods during which this Convention may be denounced in accordance with the provisions of Article 22, forward to the Director General a new declaration modifying in any other respect the terms of any previous declaration and reporting the situation in certain territories.

Article 21

1. Declarations addressed to the Director-General of the International Labor Office in accordance with paragraphs 4 and 5 of Article 35 of the Constitution of the International Labor Organization shall indicate whether the provisions of this Convention will apply to the territory concerned, with or without modification; if the declaration indicates that the provisions of the Convention will apply subject to their changes, it must specify what these changes are.

2. The member or members of the Organization concerned or the international authority may, by subsequent declaration, waive wholly or partly the right to invoke changes referred to in any previous declaration.

3. The Member or Members of the Organization concerned or the international authority may, during periods during which the Convention may be denounced in accordance with the provisions of Article 22, address to the Director General a new declaration modifying in any other respect the terms of any previous declaration and reporting the position regarding the application this Convention.

Article 22

2. Each Member of the Organization which has ratified this Convention and which, within one year after the expiration of the period of ten years mentioned in the preceding paragraph, does not exercise the right of denunciation provided for in this article, will be bound for another period of ten years and may subsequently denounce this one. the Convention at the expiration of each period of ten years in the manner prescribed by this article.

Article 23

1. The Director-General of the International Labor Office will notify all members of the International Labor Organization of the registration of all instruments of ratification, declarations and denunciations transmitted to him by members of the Organization.

2. When notifying the Members of the Organization of the registration of the second instrument of ratification received by it, the Director General will draw the attention of the Members of the Organization to the date of entry into force of the Convention.

Article 24

Article 25

At the expiration of each period of ten years after the entry into force of this Convention, the Governing Body of the International Labor Office shall submit a report to the General Conference on the application of this Convention and decide whether the question of a total or partial revision of this Convention should be included in the agenda of the Conference.

Article 26

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless otherwise provided in the new convention, then:

(a) the ratification by any Member of the Organization of a new revised convention shall automatically entail, notwithstanding Article 22, the immediate denunciation of this Convention, provided that the new revised convention has entered into force;

b) from the date of entry into force of the new revised convention, this Convention will be closed for ratification by Members of the Organization.

2. The present Convention shall remain in force in any case in form and content in relation to those Members of the Organization which have ratified it but have not ratified the revised Convention.

Article 27

The French and English texts of this Convention are equally valid.

CONVENTION
REGARDING WAGE PROTECTION
dated July 1, 1949 N 95
The General Convention of the International Labor Organization, having been convened at Geneva by the Governing Body of the International Labor Office, and having met there on 8 June 1949 at its thirty-second session, having resolved to adopt various proposals concerning the protection of wages, the seventh item on the agenda of the session, having decided that these proposals should take the form of an international Convention, adopts this first day of July of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Wages Protection Convention, 1949.
Article 1
For the purposes of this Convention, the term "wages" means, regardless of name or method of calculation, all remuneration or earnings, capable of being calculated in money and fixed by agreement or national law, which the employer is required to pay by virtue of a written or oral contract of employment of services to a worker for work, which is either performed or to be performed, or for services that are either rendered or are to be rendered.
Article 2
1. This Convention applies to all persons to whom wages are paid or are to be paid.
2. The competent authority, after consultation with employers' and workers' organizations where such organizations exist and have a direct interest, may exempt from the application of the Convention as a whole or of certain of its provisions categories of persons who work in such circumstances and under such conditions that the application of all or some of the provisions mentioned are not practical, and who are not engaged in manual work or are employed in household or similar service.
3. Each Member shall, in its first annual report on the application of this Convention in accordance with Article 22 of the Constitution of the International Labor Organization, indicate all categories of persons which it proposes to exclude from all or any of the provisions of the Convention in accordance with the provisions of the preceding paragraph. Thereafter, no Member will be able to make such exceptions except in respect of the categories of persons specified in this report.
4. Each Member which has indicated in its first annual report the categories of persons whom it proposes to exclude from all or any of the provisions of this Convention shall, in its subsequent reports, indicate the categories of persons in respect of whom it waives the right to invoke the provisions of paragraph 2 of this article and report on any progress that may be made towards the application of this Convention to these categories of persons.
Article 3
1. Wages paid in cash will be paid exclusively in legal money, and payment in the form of bills, bonds, coupons or any other form intended to replace legal money will be prohibited.
2. The competent authority may authorize or order the payment of wages by bank checks or postal orders if such form of payment is customary or is necessary in view of special circumstances and if a collective agreement or decision of an arbitration body so provides or, in the absence of such provisions, the worker concerned agrees on this.
Article 4
1. National legislation, collective agreements or decisions of arbitration bodies may authorize partial payment of wages in kind in those industries or professions where this form of payment is customary or desirable due to the nature of the industry or profession in question. Payment of wages in the form of alcohol or drugs is under no circumstances allowed.
2. Where partial payment of wages in kind is permitted, appropriate measures must be taken to:
a) the issue in kind was intended for the personal use of the worker and his family and was in accordance with their interests;
b) the issue was made at a fair and reasonable price.
Article 5
Wages will be paid directly to the worker concerned unless national law, a collective agreement or a decision of an arbitration body provides otherwise and unless the worker concerned agrees to a different method.
Article 6
An employer is prohibited from restricting in any way the freedom of a worker to dispose of his wages at his own discretion.
Article 7
1. If an enterprise has shops selling goods to workers or supply services, no coercion should be exercised on the workers concerned to make them use the services of these shops and services.
2. If it is not possible to use other shops or services, the competent authority must take appropriate measures to ensure that goods and services are sold at fair and reasonable prices or to ensure that shops or services operated by the undertaking are not operated for profit. , but in the interests of workers.
Article 8
1. Deductions from wages may be made under the conditions and within the limits prescribed by national legislation or determined in a collective agreement or in a decision of an arbitration body.
2. Workers shall be notified, in such manner as the competent authority considers most appropriate, of the conditions and limits within which such deductions may be made.
Article 9
All deductions from wages are prohibited, the purpose of which is to directly or indirectly pay workers to the employer, his representative or any intermediary (such as a labor recruiter) for obtaining or retaining service.
Article 10
1. Wages may be subject to seizure or transfer only in such form and to such extent as are prescribed by national law.
2. Wages must be protected against seizure and transfer to the extent considered necessary for the maintenance of the worker and his family.
Article 11
1. In the event of the bankruptcy of an undertaking or its judicial liquidation, the workers employed in that undertaking shall enjoy the position of privileged creditors, either in respect of the wages they are to receive for services rendered during the period preceding the bankruptcy or liquidation, as may be determined by national law. , or in respect of wages the amount of which does not exceed the amount prescribed by national legislation.
2. The wages constituting this preferred credit will be paid in full before the ordinary creditors can claim their share.
3. The order of priority for repayment of a preferential loan representing wages in relation to other types of preferential credit should be determined by national legislation.
Article 12
1. Salaries will be paid at regular intervals. Unless other appropriate arrangements exist to ensure the payment of wages at regular intervals, wage payment periods should be prescribed by national law or determined by a collective agreement or decision of an arbitration body.
2. When the term of an employment contract expires, the final payment of wages due to the worker must be made in accordance with national law, a collective agreement or a decision of an arbitration body or, in the absence of such legislation, agreement or decision, within a reasonable time taking into account the terms of the contract.
Article 13
1. Payment of wages, when made in cash, shall take place only on working days and at or near the place of work, unless national legislation, a collective agreement or a decision of an arbitration body provides otherwise or other rules to which the workers concerned should be familiarized, are not considered more appropriate.
2. It is prohibited to pay wages in places of sale of drinks or other similar establishments, and also, if necessary to prevent abuses, in retail stores and places of entertainment, except in cases where the wages are received by persons working in such establishments.
Article 14
If necessary, effective measures should be taken to inform workers in a convenient and easily understandable way:
a) about the conditions for calculating the wages due to them before they enter work, and each time these conditions change;
b) at the time of each payment, the constituent elements of wages for each given period to the extent that these elements may vary.
Article 15
Legislation giving effect to the provisions of this Convention shall:
a) be communicated to interested parties;
b) indicate the persons who are responsible for their implementation;
c) prescribe appropriate sanctions in cases of violation;
d) provide, whenever necessary, for the maintenance of records in an appropriate form and method.
Article 16
Annual reports submitted in accordance with the provisions of Article 22 of the Constitution of the International Labor Organization shall contain full information on measures taken to give effect to the provisions of this Convention.
Article 17
1. Where the territory of a Member of the Organization includes large areas where the competent authority, owing to the dispersed nature of the population or having regard to its level of development, considers it impracticable to apply the provisions of this Convention, that competent authority may, after consultation with the employers' and workers' organizations concerned there , where such organizations exist, exclude the said areas from the application of this Convention either generally or with such exceptions as it considers appropriate in respect of certain undertakings or certain types of work.
2. Each Member shall, in its first annual report on the application of this Convention, which it shall submit in accordance with Article 22 of the Constitution of the International Labor Organization, state each area in respect of which it proposes to avail itself of the provisions of this Article, and shall state the reasons therefor. in view of which he proposes to take advantage of these provisions. Thereafter, no Member of the Organization shall be able to use the provisions of this Article except in relation to the areas so designated by it.
3. Each Member making use of the provisions of this Article shall, at intervals not exceeding three years, and after consultation with the employers' and workers' organizations concerned, where such organizations exist, consider the possibility of extending the application of this Convention to areas excluded from its application in the force of paragraph 1.
4. Each Member making use of the provisions of this Article shall report in its subsequent annual reports the areas in respect of which it waives the right to invoke the said provisions and the progress made in gradually extending the application of this Convention to such areas.
Article 18
Official instruments of ratification of this Convention will be sent to the Director General of the International Labor Office for registration.
Article 19
1. This Convention shall bind only those members of the International Labor Organization whose instruments of ratification have been registered by the Director General.
2. It will enter into force twelve months after the Director General has registered the instruments of ratification of two Members of the Organization.
3. Thereafter, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.
Article 20
1. Declarations to be sent to the Director General of the International Labor Office in accordance with paragraph 2 of Article 35 of the Constitution of the International Labor Organization must contain indications of:
a) the territories in which the Member concerned undertakes to apply the provisions of this Convention without modification;
b) the territories in respect of which it undertakes to apply the provisions of the Convention as amended, and the content of these amendments;
c) the territories to which the Convention will not apply, and in this case the reasons why it will not apply;
d) territories in respect of which it reserves its decision pending a more detailed consideration of the situation in relation to these territories.
2. The obligations referred to in subparagraphs a) and b) of paragraph 1 of this article will be considered an integral part of the instruments of ratification and will entail the same consequences as it.
3. Any Member of the Organization may, by means of a new declaration, renounce all or part of the reservations made in its previous declaration in accordance with subparagraphs b), c) and d) of paragraph 1 of this article.
4. Any Member of the Organization may, during periods during which this Convention may be denounced in accordance with the provisions of Article 22, communicate to the Director General a new declaration modifying in any other respect the terms of any previous declaration and reporting the situation in certain territories.
Article 21
1. Declarations addressed to the Director-General of the International Labor Office in accordance with paragraphs 4 and 5 of Article 35 of the Constitution of the International Labor Organization shall indicate whether the provisions of this Convention will apply to the territory concerned, with or without modification; If the declaration indicates that the provisions of the Convention will apply subject to their amendments, it must specify what these amendments are.
2. The member or members of the Organization concerned or the international authority may, by subsequent declaration, waive wholly or partly the right to invoke changes referred to in any previous declaration.
3. The Member or Members of the Organization concerned or the international authority may, during periods during which the Convention may be denounced in accordance with the provisions of Article 22, address to the Director General a new declaration modifying in any other respect the terms of any previous declaration and reporting the position as to the application this Convention.
Article 22
1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by an act of denunciation addressed to and registered by the Director-General of the International Labor Office. The denunciation will take effect one year after the registration of the act of denunciation.
2. Each Member of the Organization which has ratified this Convention and which, within one year after the expiration of the period of ten years referred to in the preceding paragraph, does not exercise the right of denunciation provided for in this article, will be bound for a further period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period in the manner prescribed by this article.
Article 23
1. The Director-General of the International Labor Office will notify all members of the International Labor Organization of the registration of all instruments of ratification, declarations and denunciations transmitted to him by members of the Organization.
2. When notifying Members of the Organization of the registration of the second instrument of ratification received by it, the Director General will draw the attention of Members of the Organization to the date of entry into force of the Convention.
Article 24
The Director-General of the International Labor Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full particulars of all instruments of ratification, declarations and denunciations registered by him in accordance with the provisions of the preceding Articles.
Article 25
At the expiration of each period of ten years after the entry into force of this Convention, the Governing Body of the International Labor Office shall submit a report to the General Conference on the application of this Convention and decide whether the question of a total or partial revision of this Convention should be included in the agenda of the Conference.
Article 26
1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless otherwise provided in the new convention, then:
(a) the ratification by any Member of the Organization of a new revised convention shall automatically entail, notwithstanding Article 22, the immediate denunciation of this Convention, provided that the new revised convention has entered into force;
b) from the date of entry into force of the new revised convention, this Convention will be closed for ratification by Members of the Organization.
2. The present Convention shall remain in force in any case in form and content in relation to those Members of the Organization which have ratified it but have not ratified the revised Convention.
Article 27
The French and English texts of this Convention are equally valid.
***
Ratified by the Presidium of the Supreme Soviet of the USSR on January 31, 1961.
The instrument of ratification of the USSR was deposited with the Director General of the International Labor Office on May 4, 1961.

On the Protection of Wages (Convention 95), adopted in Geneva at the 32nd session of the General Conference of the International Labor Organization on July 1, 1949.

The president
Republic of Kazakhstan N. NAZARBAYEV

CONVENTION 95
Convention on the Protection of Wages,
Geneva, July 1, 1949

authentic text

INTERNATIONAL LABOR CONFERENCE

Convention 95

Convention on the Protection of Wages

The General Conference of the International Labor Organization, having been convened at Geneva by the Governing Body of the International Labor Office and meeting in its thirty-second session on 8 June 1949,
Having decided upon the adoption of certain proposals concerning the protection of wages, which is the seventh item on the agenda of the session, Having decided to give these proposals the form of an international convention,
adopts this first day of July of the year one thousand nine hundred forty-nine the following Convention, which may be cited as the Security of Wages Convention, 1949.

Article 1

For the purposes of this Convention, the term "wages" means, regardless of name or method of calculation, any remuneration or earnings, calculated in money and fixed by agreement or national law, which, by virtue of a written or oral contract of employment, an employer pays to a worker for work that either performed or to be performed, or for services that are either rendered or are to be rendered.

Article 2

1. This Convention applies to all persons to whom wages are paid or due.
2. The competent authority may, after consultation with the appropriate employers' and workers' organizations where such exist and have a direct interest, exclude from the application of this Convention as a whole or of certain of its provisions categories of persons who work in such circumstances and under such conditions as that it is not reasonable to apply to them all or some of the provisions mentioned, and who are not engaged in manual work or are employed in domestic or similar work.
3. Each Member shall indicate in its first annual report on the application of this Convention submitted in accordance with Article 22 of the Constitution of the International Labor Organization all categories of persons which it intends to exclude from all or any of the provisions of the Convention in accordance with the provisions of the preceding paragraph. . Thereafter, no Member of the Organization will be able to make such exceptions except in relation to the categories of persons specified in the manner mentioned.
4. Each Member which has indicated in its first annual report the categories of persons which it intends to exclude from all or any of the provisions of this Convention shall, in its subsequent reports, indicate the categories of persons in respect of whom it waives the right to benefit from the provisions of paragraph 2 of this Convention. article, and reports on any measures it has taken to apply the Convention to these categories of persons.

Article 3

1. Cash wages shall be paid exclusively in the currency having lawful circulation in the given country, and payment in the form of promissory notes, receipts, coupons or any other form purporting to correspond to lawful currency is prohibited.
2. The competent authority may authorize or order the payment of wages by bank checks or postal orders if such form of payment is customary or necessary in view of special circumstances or, if a collective agreement or decision of an arbitration body so provides or, in the absence of such orders, if the worker concerned I agree to this.

Article 4

1. The laws of the country, collective agreements and arbitration awards may permit partial payment of wages in kind in those industries or professions where such payment is customary or desirable; Payment of wages in the form of alcoholic beverages with a high alcohol content, as well as in the form of drugs harmful to the body, is not permitted under any circumstances.
2. Where partial payment of wages in kind is permitted, appropriate measures shall be taken to ensure that:
(a) such benefits are suitable for the personal consumption of the worker and his family or bring him some kind of benefit;
(b) such issue represented fair and reasonable value.

Article 5

Wages are paid directly to the worker concerned, except in cases where another method of payment is provided for by the legislation of the country, collective agreements or arbitration decisions, or when there is personal consent of the worker.

Article 6

Entrepreneurs are prohibited from interfering in any way with the free disposal of their wages by workers.

Article 7

1. When enterprises maintain shops for the sale of essential necessities to workers or provide other services connected with the enterprise, the workers of the enterprise shall not be forced to use such shops or other services.
2. When access to other shops or services is not possible, the competent authority shall take appropriate measures to ensure that workers are given the opportunity to purchase goods or services at prices that are fair and accessible to them, or that shops opened by the enterprise or services provided to them are provided their functions not for the purpose of making a profit for the enterprise, but in the interests of the workers employed there.

Article 8

1. Deductions from wages are permitted only if the conditions are met and in the amounts determined by the legislation of a given country or established by collective agreements or arbitration awards.
2. Workers shall be notified in the manner most appropriate to the competent authorities as to the conditions under which and to what extent such deductions may be made.

Article 9

Any deduction from wages made by a worker in favor of the employer or his representative or any intermediary (for example, a contractor or recruiter) for the purpose, through direct or indirect remuneration, of securing or maintaining employment is prohibited.

Article 10

1. Wages may be subject to seizure or assignment only in the form and to the extent prescribed by national law.
2. Wages are protected from seizure and assignment to the extent that this is considered necessary to ensure the maintenance of the worker and his family.

Article 11

1. In the event of the bankruptcy of an enterprise or its judicial liquidation, the workers employed in that enterprise shall enjoy the position of privileged creditors, either in respect of wages due to them for services rendered during the period preceding the bankruptcy or liquidation, as determined by national law, or in respect of wages, the amount of which does not exceed the amount prescribed by national legislation.
2. The wages constituting this preferred credit must be paid in full before the ordinary creditors can claim their share.
3. The order of repayment of a privileged loan representing wages in relation to other types of privileged loans is determined by national legislation.

Article 12

1. Salaries are paid regularly. Unless other appropriate means exist to ensure payment within certain regular periods, the timing of the payment of wages is established by the laws of the country or determined by collective agreements or arbitration awards.
2. Upon termination of an employment contract, final payment for all wages due shall be made in accordance with the law of the country, a collective agreement or arbitration award or, in the absence of such legislation, agreement or award, within a reasonable period of time, depending on terms of the contract.

Article 13

1. Payment of wages, when made in cash, shall take place only on working days and at or near the place of work, unless national legislation, a collective agreement or a decision of an arbitration body provides otherwise or unless other methods known to workers are no longer accepted expedient.
2. It is prohibited to pay wages in taverns or other similar establishments, and also, if necessary to prevent abuse, in retail stores and places of entertainment, except in cases where wages are paid to persons employed in such establishments.

Article 14

Where necessary, effective measures are taken to ensure that workers are notified in an appropriate and easily accessible form:
a) before they begin work, as well as in cases where any changes occur, about the conditions relating to wages under which they are hired;
b) at each payment of wages, the various components of their wages for the period in question, as they may be subject to change.

Article 15

Legislation giving effect to the provisions of this Convention:
a) communicated to interested parties;
b) determines the persons responsible for its compliance;
c) prescribe appropriate penalties or other appropriate measures in case of violation;
d) ensures, in all appropriate cases, that proper records are made in the prescribed form and manner.

Article 16

Article 17

1. Where there are large areas within the territory of a Member where, owing to the dispersion of the population or the level of development of the areas, the competent authority considers it impracticable to apply the provisions of this Convention, that authority may, after consultation with the appropriate employers' and workers' organizations where such exist, withdraw such areas from the application of the Convention either entirely or with such exceptions in respect of particular establishments or professions as it considers appropriate to make.
2. Each Member shall, in its first annual report on the application of this Convention submitted in accordance with Article 22 of the Constitution of the International Labor Organization, indicate all the areas in respect of which it intends to take advantage of the provisions of this article, and the reasons why it intends to take advantage of these provisions. provisions. Thereafter, no Member may make use of the provisions of this Article except in relation to the areas so designated by it.
3. Each Member making use of the provisions of this Article shall review, at least every three years and in consultation with the relevant employers' and workers' organizations, where they exist, the possibility of extending this Convention to areas excluded from its application in subject to paragraph 1.
4. Each Member making use of the provisions of this Article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to benefit from the said provisions, as well as all measures which it has taken with a view to gradually extending the scope of application of this Convention to such areas .

Article 18

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 19

1. This Convention binds only those Members of the International Labor Organization whose instruments of ratification have been registered by the Director General.
2. It shall enter into force twelve months after the Director General has registered the instruments of ratification of two Members of the Organization.
3. Thereafter, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 20

1. Applications addressed to the Director General of the International Labor Office in accordance with the provisions of paragraph 2 of Article 35 of the Constitution of the International Labor Organization contain instructions regarding:
a) territories in respect of which the Member concerned undertakes to apply without modification the provisions of this Convention;
(b) the territories in respect of which it undertakes to apply the provisions of this Convention as modified, and the details of those modifications;
c) territories in which the Convention will not apply, and in such a case, the reasons why it will not apply;
d) territories in respect of which it reserves its decision pending further consideration of the situation.
2. Obligations referred to in subparagraphs a) and b) paragraph 1 of this article are considered an integral part of the instrument of ratification and entail the same consequences as it.
3. Any Member of the Organization may, by means of a new application, waive all or part of the reservations contained in its previous application by virtue of subparagraphs b), c) and d) paragraph 1 of this article.
4. Any Member may, during periods during which this Convention may be denounced in accordance with the provisions of Article 22, address to the Director General a new declaration modifying in any other respect the terms of any previous declaration and reporting the existing situation in certain territories.

Article 21

1. Declarations addressed to the Director-General of the International Labor Office in accordance with the provisions of paragraphs 4 and 5 of Article 35 of the Constitution of the International Labor Organization shall indicate whether the provisions of this Convention will apply to the territory concerned, with or without modification; If the declaration states that the provisions of the Convention will apply subject to their modification, it shall specify what exactly those modifications are.
2. The Member or Members of the Organization concerned or the international authority may, by a new declaration, waive in whole or in part the right to use the modifications specified in any previous declaration.
3. The Member or Members concerned or the international authority, during periods when the Convention may be denounced in accordance with the provisions of Article 22 of this Convention, may address to the Director General a new declaration modifying in any other respect the terms of any previous declaration and reporting the existing position in relation to application of this Convention.

Article 22

1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by an act of denunciation addressed to and registered by the Director-General of the International Labor Office. The denunciation takes effect one year after the registration of the act of denunciation.
2. Each Member which has ratified this Convention and which, within one year after the expiration of the period of ten years referred to in the preceding paragraph, does not exercise its right of denunciation provided for in this article, is bound for a further period of ten years and may thereafter denounce this Convention at the expiration of each ten-year period in the manner specified in this article.

Article 23

1. The Director-General of the International Labor Office shall notify all Members of the International Labor Organization of the registration of all instruments of ratification, declarations and denunciations received by him from Members of the Organization.
2. When notifying Members of the Organization of the registration of the second instrument of ratification received by it, the Director General shall draw their attention to the date of entry into force of this Convention.

Article 24

Article 25

Article 26

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides to the contrary, then:
(a) the ratification by any Member of the Organization of a new revised convention shall automatically entail, notwithstanding the provisions of Article 22, the immediate denunciation of this Convention, provided that the new revised convention has entered into force;
b) from the date of entry into force of the new revised convention, this Convention is closed for ratification by Members of the Organization.
2. This Convention shall remain in any case in force in form and content in relation to those Members of the Organization which have ratified it but have not ratified the new revised convention.

Article 27

The English and French texts of this Convention are equally authentic.
The above text is the authentic text of the Convention duly adopted by the General Conference of the International Labor Organization at its thirty-second session held at Geneva and declared closed on the second day of July 1949.

In witness whereof, on the eighteenth of August 1949, we affixed our signatures:

Chairman of the Conference
GILDHAIM MYRDDIN-EVANS

CEO
International Labor Office

DAVID MORSE

The above text of the Convention is a true copy of the text certified by the signatures of the President of the International Labor Conference and the Director General of the International Labor Office.

The accuracy and completeness of the copy is verified,

for the Director General of the International Labor Office:

Guido Raimondi

Legal Advisor
International Labor Office

I certify a copy of the Convention relating to the Protection of Wages (Convention 95), adopted at the thirty-second session of the General Conference of the International Labor Organization in Geneva on July 1, 1949.

Director of the Department
legal support
Ministry of Labor and
social protection of the population of the Republic of Kazakhstan A. Kuan

I hereby certify that this text is a certified copy of Convention No. 95 relating to the Protection of Wages, executed at Geneva on July 1, 1949.

Head of Department
International Legal Department
Ministry of Foreign Affairs
Republic of Kazakhstan N. Sakenov

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What does it mean to see a black man in a dream?

Dream Interpretation of Medea Negro - symbolizes that part of our “I” with which we are unfamiliar. Waiting for you...

2024-06-17 00:00:19

Personal life of Marilyn Manson Marilyn Manson biography

Marilyn Manson was born Brian Hugh Warner in Canton, Ohio on January 5, 1969...

2024-06-17 00:00:19

I see a grove. The magic of numbers. Grove according to the Dream Book of the healer Fedorovskaya

For gypsies, the grove is a symbol of strength and beauty. Seeing a grove - you will have many children, tall and strong....

2024-06-17 00:00:19

Why do you dream of steam according to the dream book?

Seeing steam from the spout of a kettle or from under the lid of a boiling pan in a dream is a sign of courage...

2024-06-17 00:00:19

Seeing a sunset in a dream

A quick transition to interpretations. Most often, a sunset dreams of changes for the better and carries with it...

2024-06-17 00:00:19

ILO Conventions No. 95. Characteristics of individual conventions of the International Labor Organization on wages

Main directions of international legal regulation of labor

List of ILO conventions in force in the Russian Federation

(Geneva, July 1, 1949)

Article 1

Article 2

Article 3

Article 4

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Article 27

CONVENTION 95 Convention on the Protection of Wages, Geneva, July 1, 1949

INTERNATIONAL LABOR CONFERENCE

Convention on the Protection of Wages

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

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Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

CONVENTION 95
Convention on the Protection of Wages,
Geneva, July 1, 1949