411/1991 Coll.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs declares that on 1 May 2004. July
1949 was on 32. meeting of the General Conference of the international organization
work adopted Convention on the protection of wages (No. 95). Ratification Of The Convention
The Czechoslovak Socialist Republic was registered on 11 October. January
1990, Director General of the International Labour Office. According to article
7 paragraph 3 of the Convention entered into force for the Czech and Slovak
Federal Republic in force on 11. January 1991.
Czech translation of the Convention shall be published at the same time.
Convention
on the protection of wage
The General Conference of the international organization of work, which was convened
the Administrative Council of the International Labour Office in Geneva, and there met on 8 June 1998.
June 1949 in their 32 meetings,
rozhodnuvši accept some proposals concerning the protection of wages, which are
the seventh point of the agenda of the session, and
stanovivši, that these proposals will take the form of an International Convention,
accepts delivery 1. July 1949 this Convention, which will be referred to as
Convention on the protection of wages, 1949:
Article 1
For the purposes of this Convention, the term "wages" means remuneration or earnings, whether
called or calculated, however, that can be expressed in money and
lay down by mutual agreement or under national laws
the regulations to which the employer has to pay on the basis of a written or oral
employment contract workers for the work which has been or is to be enforced,
or for the services that have been or will be provided.
Article 2
1. this Convention applies to all persons to whom it is paid or has
pay pay.
2. the competent authority may, after consultation with the organisations concerned directly
employers and workers concerned, where such exist, exempt from the application of all
or some of the provisions of this Convention, a group of people whose circumstances and
the terms of employment are such that it would not be appropriate to apply to them
the implementation of all or some of the aforementioned provisions, and which are not
employed domestic service or similar employment.
3. each Member State shall indicate in its first annual report on the implementation of the
This Convention submitted under article 22 of the Constitution of the international organization of
work, all groups of people, which it intends to exclude from the application of all or
some of the provisions of this Convention within the meaning of the provisions of the preceding
paragraph; After the presentation of the first annual report, no Member State may
cut a different group than those stated as follows.
4. any Member State which, in its first annual report
people, which it intends to exclude from the application of all or some of the provisions of the
This Convention shall indicate in subsequent annual reports any groups
the persons for whom the right to use any the provisions of paragraph 2 of this
Article, and any progress that has been made in the implementation of this
the Convention for such categories of persons.
Article 3
1. Wages payable in money shall be paid only in legal currency and
payment of own bills of Exchange, cheques or coupons or any other
resources that are supposedly legal tender, shall be prohibited.
2. the competent authority may allow or provide for the payment of wages by Bank
or mail a check or money order in cases where this
way of payment a common or necessary due to special circumstances or
where this is provided for in a collective agreement or arbitral statement, or,
If not provided, with the consent of the worker concerned.
Article 4
1. the national legislation, collective agreements or arbitration
statements can afford the payment of part of the wages in benefits in kind in the
sectors or occupations, where the payment of part of the wages in the natural
enjoyment is normal or desirable because of the nature of the relevant sector
or employment; in no event shall not be permitted in the payment of wages in
the form of spirits or harmful drugs.
2. in cases where it is allowed to pay part of the wages in the form of natural
benefits, it is necessary to take appropriate measures to ensure that
and benefits in kind) are reasonable personal use and benefit of the
the worker and his family, and
(b) the value of the weight attached to such benefits) was correct and appropriate.
Article 5
Salary will be paid directly to the competent worker, unless the
national legislation, collective agreement or arbitration award exists down
otherwise, or the operator agrees with another procedure.
Article 6
Employers shall be prohibited to limit in any way the workers in
free treatment of wage earners.
Article 7
1. Where, in connection with the operation of the enterprise are in the race to set up stores
for the sale of goods workers or establishment to which they provide
services shall not be held to a no pressure, so that the workers in such
stores purchased or used the services that the firm provides.
2. Where it is not possible to go to other stores or use other services
the competent authority must take appropriate measures to ensure that the goods are sold and
provide services for the proper and reasonable prices or shops in the races
or services provided by the employer are not used for own
profit, but in the interest of workers.
Article 8
1. Deductions from wages are allowed only under the conditions and within the limits laid down
national legislation or a collective agreement or specified
the referee's verdict.
2. personnel should be informed in a way which the competent authority as
the most appropriate, on the conditions under which such deductions may be
performed, and the amount of these deductions.
Article 9
Is disabled, each salary deduction that the worker either directly or indirectly
provides payment to the employer or his representative or any
the provider (such as agent, providing work or
recruiting), so that employment is retained.
Article 10
1. Payment may be seized or referred to only under the circumstances and the amount of
determined by national law.
2. Salary will be protected against attachment or assignment to the amount that is
considers it necessary for the sustenance of the worker and his family.
Article 11
1. in the event of the bankruptcy or judicial liquidation of the enterprise workers will be in
It employed considered priority creditors either due to identify the
wages for work performed prior to the bankruptcy or judicial liquidation for
established by national regulations or in relation to wages not exceeding
amount specified in national legislation.
2. the Wage that is preferential claim, will be paid the whole, previously
than ordinary creditors may recover the holdings of assets.
3. National law shall determine the order of priority for wages, that is
preferential claim, with regard to the other priority claims.
Article 12
1. the Salary will be paid on a regular basis. National legislation,
where appropriate, collective agreement or arbitration award exists, lays down the time limits for
the payment of wages, in the absence of other appropriate modifications, to ensure that it
a regular paycheck.
2. Upon termination of the employment contract is made final settlement of all
wages due under the national legislation, collective agreements
or arbitration statement or, if there is no such regulation, the contract or
the operative part, within a reasonable period taking into account the provisions of the employment contract.
Article 13
1. If the pay is paid in cash, the payment of only
the working days and at or near the workplace, unless otherwise
national legislation, collective agreement or arbitration award exists
or not-if it is considered preferable to other modifications, known to be concerned,
workers.
2. the salary shall be prohibited in bars drinks or similar
enterprises, and if necessary to prevent the misuse, in shops or stores
with the sale of goods in retail or entertainment, with the exception of
in cases where the wage paid to workers employed there.
Article 14
If necessary, effective measures shall be made so that workers can be
in an appropriate and easily understandable manner informed:
and the wage conditions) under which they will work, and before
will employment or there are any changes; and
(b)) about the ingredients of their wages for the pay period, and each
the payment of wages, if the folder changes.
Article 15
Legislation implementing the provisions of this Convention:
and) will be available to all persons concerned;
(b)) shall designate a person responsible for their implementation;
(c)) provides for appropriate penalties for any violations;
(d)) shall, in all cases where it is necessary, in order to lead
matching statements in an appropriate form and in an appropriate manner.
Article 16
The annual report, to be submitted under article 22 of the Constitution
The International Labour Organisation, will contain full information about the
measures giving life the provisions of this Convention.
Article 17
1. where a Member State's territory covers a vast area, where
the competent authority considers that the provisions of this Convention for impracticable for
sparse population or due to the achieved degree of development,
may, in consultation with the participating organisations of employers and
workers, if they exist, to exempt such areas from the application of this
the Convention, either completely or make such exceptions as it deems appropriate
with respect to certain firms or work.
2. each Member State shall, in its first annual report on the implementation of the
This Convention, which is submitted in accordance with article 22 of the Constitution of the international
Organization of work, all areas in respect of which it intends to use
the provisions of this article, and shall give reasons for such a procedure. No Member State
After the presentation of his first annual report will not be able to rely on the
the provisions of this article with the exception of the territory, as announced.
3. any Member State which has applied the provisions of this article, shall consider
again within the time limits not deších three years after consultation with the relevant
organisations of employers and workers, whether to extend the implementation of the
This Convention on areas set aside pursuant to paragraph 1.
4. any Member State which has applied the provisions of this article shall be specified in
other annual reports any areas in respect of which waives the right
apply those provisions, and any progress towards a gradual
the implementation of this Convention in such areas.
Article 18
The formal ratifications of this Convention shall be communicated to the Director-
The International Labour Office and written by him.
Article 19
1. this Convention obliges Member States to International organisations only
labour, whose ratification has been registered by the Director General.
2. Shall take effect twelve months after the date the Director writes
the ratification of the two Member States.
3. For each Member State, this Convention shall take effect twelve
months from the date on which its ratification has been registered.
Article 20
1. Declarations communicated to the Director General of the International Office
the work referred to in paragraph 2 of article 35 of the Constitution of the International Labour Organisation
will be listed
and territories where), the competent Member State undertakes to implement the
the provisions of this Convention without modification;
(b)) the territory in which the Member State concerned undertakes to implement the
the provisions of this Convention with modifications, including details about these changes;
(c)) the territories to which this Convention cannot be carried out, including the reasons for which
It cannot be carried out;
(d)) of the territory in respect of which the Member State's reserves to decide
After detailed consideration of the situation.
2. The undertakings referred to under písmenami a) and b) of paragraph 1 of this article shall
will be considered as an integral part of the ratification and will have the same
the effectiveness of such ratification.
3. each Member State may wholly or partially by a subsequent declaration
cancel any reservation made in its original declaration in accordance with
the letter b), c) or (d) of paragraph 1 of this article).
4. each Member State may, at the time when this Convention may be terminated by
the provisions of article 22, to send to the Director a statement
modifying in any other respect, the wording of each of the preceding
statement indicating the current situation in the designated areas.
Article 21
1. Declarations communicated to the Director General of the International Office
the work referred to in paragraph 4 or 5 of article 35 of the Constitution of the international
Organization of work will be shown, whether the provisions of this Convention shall be
carried out on the territory of the unchanged or changes; If in the
the Declaration stated that the provisions of this Convention shall be implemented by the
changes, you must also give details of such changes.
2. a Member State, the Member States or competent international authority may, in the
a time when you can denounce this Convention in accordance with the provisions of article 22, to send
the Director-General a declaration modifying in any other respect
the text of any of the preceding statement with an indication of the current situation,
with regard to the implementation of this Convention.
Article 22
1. each Member which has ratified this Convention may denounce it
After the expiration of ten years from the date on which this Convention first acquired
the effectiveness of written communication, the Director General of the International Office
work that is writes. Denunciation shall take effect one year after the date on which the
It was registered.
2. each Member State that has ratified this Convention and which does not apply
rights to terminate her under this article during the year following
the expiry of the period of ten years, as indicated in the previous paragraph, the
bound by the Convention for the next ten-year period and then it will be able to terminate
on the expiry of the 10-year period, under the conditions laid down in this
article.
Article 23
1. the Director General of the International Labour Office shall notify all Member
the International Labour Organization of the registration of the States of all ratifications and denunciations
members of the organisation shall communicate to him.
2. When the Member States of the Organization to communicate to write the second
the ratification was announced to him, General Manager notifies Member
States of organization of the date on which this Convention becomes effective.
Article 24
Director General of the International Labour Office shall notify the
the Secretary-General of the United Nations for registration in accordance with article 102 the Charter of the United
Nations full particulars of all ratifications and denunciations that enrolled
under the provisions of the preceding articles.
Article 25
Always, if deemed necessary, the Governing Board of the International Office
work shall submit to the General Conference a report on the implementation of this Convention, and
examine whether it is advisable to put on the agenda of the General Conference
the question of its full or partial revise.
Article 26
1. the General Conference adopt a new Convention revising all or
partly this Convention and does not appoint a new Convention:
and the new Convention revising) the ratification by a Member State will result ipso jure
immediate denunciation of this Convention, notwithstanding the provisions of article 22,
with the proviso that the new revising Convention enters into force;
(b)), from the time when the new revising Convention enters into force, this Convention
Member States shall cease to be open to ratification.
2. This Convention shall remain in force in its form and content for those
Member States which have ratified it, and that have not ratified the revising
the Convention.
Article 27
The English and French texts of this Convention are equally authentic.