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RS 0.822.713.6 Convention no 26 of 16 June 1928 concerning the establishment of minimum wage setting methods

Original Language Title: RS 0.822.713.6 Convention no 26 du 16 juin 1928 concernant l’institution de méthodes de fixation des salaires minima

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0.822.713.6

Original text 1

Convention n O 26 concerning the establishment of methods of fixing minimum wages

Adopted in Geneva on 16 June 1928 2
Approved by the Federal Assembly on March 27, 1940 3
Ratification Filed by Switzerland on 7 May 1947 4
Entry into force for Switzerland on 7 May 1948
Ended by conventions n Bone 80 5 And 116 6

(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 :

Art. 1

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.


1 See art. 4 of the PMQ of March 20, 1981 on work at home (RS 822.31 ) And art. 2 to 10 of the O of Dec 20. 1982 on work at home (RS 822.311 ).

Art. 2

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 See art. 1 and 2 of the PMQ of March 20, 1981 on work at home (RS 822.31 ) And art. 5 of the O of 20 Dec. 1982 on work at home (RS 822.311 ).

Art. 3

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.
Before applying the methods to a specific industry or part of industry, representatives of the employers and workers concerned, including representatives of their respective organisations, if such organisations exist, shall be Consulted, as well as any other persons, specially qualified in this regard by their profession or office, to which the competent authority would consider appropriate;
2.
Employers and interested workers will be required to participate in the application of the methods, in the form and to the extent that may be determined by national legislation, but in all cases in equal numbers and on an equal footing;
3.
The minimum wage rates which have been fixed shall be compulsory for the employers and workers concerned; they shall not be lowered by them or by individual agreement, nor, except in general or specific authorisation by the competent authority, By collective contract.
Art. 4

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.


1 See art. 3 of the PMQ of March 20, 1981 on work at home (RS 822.31 ) And art. 2 of the O of 20 Dec. 1982 on work at home (RS 822.311 ).

Art. 5

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.

Art. 6

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.

Art. 7

(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.

Art. 8

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.

Art.

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.

Art. 10 1

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).

Art. 11 Scope on 21 May 2010

Both the English and French texts of this Agreement shall prevail.

(Suivent signatures)

Scope on 21 May 2010 8

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.


RO 63 430 and RS 14 22; FF 1928 II 1227, 1938 II 201


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).


Status May 21, 2010