On The Convention On The Protection Of Wage (No. 95)

Original Language Title: o Úmluvě o ochraně mzdy (č. 95)

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=39449&nr=411~2F1991~20Sb.&ft=txt

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.