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Original text 1
(State on 21 May 2010)
The General Conference of the International Labour Organization,
Convened in Geneva by the Governing Council of the International Labour Office, and meeting on 30 May 1928, at its eleventh session,
Having decided to adopt various proposals relating to the methods of minimum wage determination, the first item on the agenda of the session, and
Having decided that these proposals would take the form of an international convention,
Adopts this sixteenth day of June mil nine hundred and twenty-eight, the following convention, which will be referred to as the Convention on the Methods of Fixing Minimum Wages, 1928, to be ratified by the members of the International Labour Organization in accordance with the Provisions of the Constitution of the International Labour Organization 7 :
1. Any member of the International Labour Organization ratifying this Convention undertakes to establish or maintain methods for setting minimum wage rates for workers employed in industries or parts thereof Industries (particularly in the home-based industries) where there is no effective wage-setting regime through a collective contract or otherwise and where wages are exceptionally low 1 .
2. The word "industries" for the purposes of this Agreement includes the processing and trade industries.
Each member ratifying this Convention shall have the freedom to decide, after consultation with the employers'and workers' organisations, whether it exists for the industry or part thereof, to which industries or parts thereof, and in In particular to which industries in the home or parts of those industries will be applied the methods of fixing the minimum wages provided for in Art. 1 1 .
1. Each member ratifying this Convention shall have the freedom to determine the methods of fixing minimum wages and the details of their application.
2. However,
1. Any member ratifying this Convention shall take the necessary measures, by means of a system of control and sanctions, so that, on the one hand, interested employers and workers are aware of the minimum wage rates in And that, on the other hand, the salaries actually paid are not less than the applicable minimum rates 1 .
(2) Any worker to whom the minimum rates are applicable and who has received salaries below those rates must have the right, by judicial or other legal means, to recover the amount of the sum remaining due, within the time limit which may Be laid down by national legislation.
Any member ratifying this Convention shall submit each year to the International Labour Office a general statement giving the list of industries or parts of industries in which methods of fixation have been applied Minimum wages and the methods of application of these methods and their results. This presentation will include summary information on the approximate numbers of workers subject to this regulation, the minimum wage rates fixed and, where appropriate, the other most important measures relating to minimum wages.
The official ratifications of this Convention, under the conditions established by the Constitution of the International Labour Organization, shall be communicated to and registered by the Director General of the International Labour Office.
(1) This Convention shall only bind the members of the International Labour Organization whose ratification has been registered with the International Labour Office.
2. It shall enter into force twelve months after the ratifications of two members have been registered by the Director General.
3. Thereafter, this Convention shall enter into force for each member twelve months after the date on which its ratification has been registered.
As soon as the ratifications of two members of the International Labour Organization have been registered with the International Labour Office, the Director-General of the International Labour Office will notify all members of the The International Labour Organization. It shall also notify them of the registration of ratifications which will subsequently be communicated to it by all other members of the Organization.
1. Any member who has ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial implementation of the Convention by means of an act communicated to the Director General of the International Labour Office, And by registered him. The denunciation shall take effect only one year after being registered at the International Labour Office.
2. Any member who has ratified this Agreement which, within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a further period of five years and thereafter may terminate this Agreement at the expiration of each five-year period under the conditions set out in this Article.
Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and shall consider whether it should be included in the agenda Conference the question of its total or partial revision.
1 New content according to Art. 1 of conv. N O 116 of 26 June 1961, approved by the Ass. Fed. 2 Oct. 1962 and in force for Switzerland on 5 Nov 1962 (RO 1962 1404).
Both the English and French texts of this Agreement shall prevail.
(Suivent signatures)
States Parties |
Ratification Statement of Succession (S) |
Entry into force |
||
South Africa |
28 December |
1932 |
28 December |
1933 |
Albania |
2 August |
2001 |
2 August |
2002 |
Germany |
30 May |
1929 |
14 June |
1930 |
Angola |
4 June |
1976 S |
4 June |
1976 |
Argentina |
March 14 |
1950 |
March 14 |
1951 |
Armenia |
27 January |
2006 |
27 January |
2007 |
Australia |
March 9 |
1931 |
March 9 |
1932 |
Austria |
15 March |
1974 |
15 March |
1975 |
Bahamas |
25 May |
1976 S |
25 May |
1976 |
Barbados |
8 May |
1967 S |
8 May |
1967 |
Belarus |
September 15 |
1993 |
September 15 |
1994 |
Belgium |
August 11 |
1937 |
August 11 |
1938 |
Belize |
15 December |
1983 S |
15 December |
1983 |
Benin |
12 December |
1960 S |
12 December |
1960 |
Bolivia |
19 July |
1954 |
19 July |
1955 |
Brazil |
April 25 |
1957 |
April 25 |
1958 |
Bulgaria |
4 June |
1935 |
4 June |
1936 |
Burkina Faso |
21 November |
1960 S |
21 November |
1960 |
Burundi |
March 11 |
1963 S |
March 11 |
1963 |
Cameroon |
7 June |
1960 S |
7 June |
1960 |
Canada |
April 25 |
1935 |
April 25 |
1936 |
Chile |
May 31 |
1933 |
May 31 |
1934 |
China |
5 May |
1930 |
5 May |
1931 |
Macao A |
July 13 |
1999 |
20 December |
1999 |
Colombia |
20 June |
1933 |
20 June |
1934 |
Comoros |
23 October |
1978 S |
23 October |
1978 |
Congo (Brazzaville) |
10 November |
1960 S |
10 November |
1960 |
Congo, Kinshasa |
September 20 |
1960 S |
September 20 |
1960 |
Korea (South) |
27 December |
2001 |
27 December |
2002 |
Costa Rica |
March 16 |
1972 |
March 16 |
1973 |
Côte d' Ivoire |
21 November |
1960 S |
21 November |
1960 |
Cuba |
24 February |
1936 |
24 February |
1937 |
Djibouti |
August 3 |
1978 S |
August 3 |
1978 |
Dominica |
28 February |
1983 S |
28 February |
1983 |
Egypt |
10 May |
1960 |
10 May |
1961 |
Ecuador |
July 6 |
1954 |
July 6 |
1955 |
Spain |
April 8 |
1930 |
April 8 |
1931 |
Fiji |
19 April |
1974 S |
19 April |
1974 |
France |
18 September |
1930 |
18 September |
1931 |
New Caledonia |
19 March |
1954 |
19 March |
1954 |
French Polynesia |
19 March |
1954 |
19 March |
1954 |
Saint Pierre and Miquelon |
19 March |
1954 |
19 March |
1954 |
Gabon |
14 October |
1960 S |
14 October |
1960 |
Ghana |
July 2 |
1959 |
July 2 |
1960 |
Grenada |
July 9 |
1979 S |
July 9 |
1979 |
Guatemala |
4 May |
1961 |
4 May |
1962 |
Guinea |
21 January |
1959 S |
22 January |
1959 |
Guinea-Bissau |
21 February |
1977 |
21 February |
1977 |
Guyana |
8 June |
1966 S |
8 June |
1966 |
Hungary |
July 30 |
1932 |
July 30 |
1933 |
India |
10 January |
1955 |
10 January |
1956 |
Iraq |
26 November |
1962 |
26 November |
1963 |
Ireland |
3 June |
1930 |
3 June |
1931 |
Italy |
9 September |
1930 |
9 September |
1931 |
Jamaica |
July 8 |
1963 |
July 8 |
1964 |
Japan |
29 April |
1971 |
29 April |
1972 |
Kenya |
13 January |
1964 S |
13 January |
1964 |
Lesotho |
October 31 |
1966 S |
October 31 |
1966 |
Lebanon |
26 July |
1962 |
26 July |
1963 |
Libya |
27 May |
1971 |
27 May |
1972 |
Luxembourg |
3 March |
1958 |
3 March |
1959 |
Madagascar |
1 Er November |
1960 S |
1 Er November |
1960 |
Malawi |
22 March |
1965 S |
22 March |
1965 |
Mali |
22 September |
1960 S |
22 September |
1960 |
Malta |
4 January |
1965 S |
4 January |
1965 |
Morocco |
March 14 |
1958 |
March 14 |
1959 |
Mauritius |
2 December |
1969 S |
2 December |
1969 |
Mauritania |
20 June |
1961 S |
20 June |
1961 |
Mexico |
12 May |
1934 |
12 May |
1935 |
Myanmar |
21 May |
1954 |
21 May |
1955 |
Nicaragua |
12 April |
1934 |
12 April |
1935 |
Niger |
February 27 |
1961 S |
February 27 |
1961 |
Nigeria |
June 16 |
1961 |
June 16 |
1962 |
Norway |
7 July |
1933 |
7 July |
1934 |
New Zealand |
March 29 |
1938 |
March 29 |
1939 |
Uganda |
4 June |
1963 S |
4 June |
1963 |
Panama |
19 June |
1970 |
19 June |
1971 |
Papua New Guinea |
1 Er May |
1976 S |
1 Er May |
1976 |
Paraguay |
24 June |
1964 |
24 June |
1965 |
Netherlands |
10 November |
1936 |
10 November |
1937 |
Peru |
April 4 |
1962 |
April 4 |
1963 |
Portugal |
10 November |
1959 |
10 November |
1960 |
Central African Republic |
27 October |
1960 S |
27 October |
1960 |
Dominican Republic |
5 December |
1956 |
5 December |
1957 |
Czech Republic |
1 Er January |
1993 S |
1 Er January |
1993 |
Rwanda |
18 September |
1962 S |
18 September |
1962 |
Saint Vincent and the Grenadines |
21 October |
1998 S |
May 31 |
1995 |
Saint Lucia |
14 May |
1980 S |
14 May |
1980 |
Solomon Islands |
August 6 |
1985 S |
August 6 |
1985 |
Senegal |
4 November |
1960 S |
4 November |
1960 |
Seychelles |
February 6 |
1978 S |
February 6 |
1978 |
Sierra Leone |
15 June |
1961 |
15 June |
1962 |
Slovakia |
1 Er January |
1993 S |
1 Er January |
1993 |
Sudan |
18 June |
1957 |
18 June |
1958 |
Sri Lanka |
9 June |
1971 |
9 June |
1972 |
Switzerland |
7 May |
1947 |
7 May |
1948 |
Swaziland |
April 26 |
1978 S |
April 26 |
1978 |
Syria |
30 October |
1961 S |
30 October |
1961 |
Tanzania |
22 June |
1964 |
22 June |
1964 |
Chad |
10 November |
1960 S |
10 November |
1960 |
Togo |
7 June |
1960 S |
7 June |
1960 |
Tunisia |
15 May |
1957 |
15 May |
1958 |
Turkey |
29 January |
1975 |
29 January |
1976 |
Uruguay |
6 June |
1933 |
6 June |
1934 |
Venezuela |
20 November |
1944 |
20 November |
1945 |
Vietnam |
14 June |
1955 |
14 June |
1956 |
Zambia |
2 December |
1964 S |
2 December |
1964 |
Zimbabwe |
16 September |
1993 |
16 September |
1994 |
A |
From Oct. 4. 1999 to 19 Dec. 1999, the Convention was applicable to Macao on the basis of Portugal's declaration of territorial extension. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 13 July 1999, the Convention is also applicable to the Macao SAR from 20 Dec. 1999. |
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1 The English text is equally authentic.
2 The Convention was adopted at the eleventh session of the International Labour Conference and signed by the Chair of the International Labour Conference and the Director-General of the International Labour Office. Each State became a party to the Convention only after having deposited its instrument of ratification (Art. 7). As a result of the dissolution of the League of Nations and the amendment of the Constitution of the International Labour Organization, certain amendments to this Convention have become necessary in order to ensure the performance of the functions of the Of Chancery that were previously assigned to the Secretary General of the League of Nations. These amendments have been taken into account in the present text of the Convention of 9 October. 1946 (RS 0.822.719.0 ).
3 RO 63 429
4 In accordance with the FA of approval, the Federal Council deposited the instrument of ratification only after the entry into force of the PMQ of 12 Dec. 1940 on home work (RS 8 231).
5 RS 0.822.719.0
6 RS 0.822.721.6 Art.1
7 RS 0.820.1
8 RO 1973 1133 1648, 1975 2490, 1982 513, 1985 1772, 1987 1416, 2002 475, 2006 853 and 2010 3261. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).