On the ratification of the Convention on the Establishment of a Minimum Wage Procedure (Convention 26)

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Law of the Republic of Kazakhstan dated April 7, 2014 No. 183-V 3PK

To ratify Convention on the Establishment of a Minimum Wage Procedure (Convention 26), adopted in Geneva at the 11th session of the General Conference of the International Labour Organization on June 16, 1928.

President of the Republic of Kazakhstan N. NAZARBAYEV

INTERNATIONAL LABOUR CONFERENCE

CONVENTION 26 Convention on the Establishment of a Minimum Wage Procedure, Geneva, June 16, 1928

authentic text

INTERNATIONAL LABOUR CONFERENCE

Convention 26

Convention on the Establishment of a minimum wage procedure

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on May 30, 1928, for its eleventh session, having decided to adopt a number of proposals on the procedure for setting minimum wages, which is the first item on the agenda of the session, having decided to give these proposals the form of an international convention, adopts this sixteenth day of June one thousand nine hundred of the twenty-eighth year, the following Convention, which may be referred to as the 1928 Convention on the Procedure for Setting Minimum Wages and which is subject to ratification by the Members of the International Labour Organization in accordance with the provisions of the Constitution of the International Labour Organization:

Article 1

1. Each Member of the International Labour Organization that ratifies this Convention undertakes to introduce or maintain a procedure by which minimum wage rates may be established for workers employed in certain industries or sectors of industry (and in particular in domestic production) in which there is no established procedure for effective wage regulation through collective bargaining or otherwise in a way where wages are exceptionally low. 2. For the purposes of this Convention, the term "industry" includes manufacturing and trade.

Article 2

Each Member ratifying this Convention has the right, after consultation with workers' and employers' organizations, where they exist, of the relevant industries or sectors of industry, to decide to which industries or sectors of industry, and in particular to which types of domestic production, the minimum wage procedure referred to in article 1 should be applied.

Article 3

1. Each Member of the Organization that ratifies this Convention has the right to determine the nature and form of the procedure for setting the minimum wage, as well as the methods of its implementation. 2. However: 1) before applying such a system to any branches or sectors of industry, representatives of interested entrepreneurs and workers, including representatives of their respective organizations, where they exist, shall be consulted, as well as any other persons whom the competent authorities deem appropriate to consult as persons particularly knowledgeable in in this field by virtue of their profession or their responsibilities; (2) The entrepreneurs and workers concerned shall jointly participate in the implementation of this procedure in such a manner and to such an extent, but in any case with equal representation and on equal terms, as may be determined by national legislation.; (3) The established minimum wage is mandatory for the entrepreneurs and workers concerned and is not subject to reduction either by individual agreement or, unless there is a general or specific authorization from the competent authority, by a collective agreement.

Article 4

1. Each Member ratifying this Convention shall take the necessary measures in the form of a system of controls and sanctions to ensure that interested entrepreneurs and workers are informed of the applicable minimum rates and that, where these minimum rates apply, wages are not lower than these rates. 2. A worker who is subject to the minimum rates and who has received wages at lower rates has the right to receive, through judicial proceedings or other legal procedure, the amount that has been underpaid to him, subject to such limitation period as may be established by national legislation.

Article 5

Each Member ratifying this Convention shall annually send to the International Labour Office a general report containing a list of industries or sectors of industry to which the minimum wage procedure applies, indicating the methods and results of this procedure, as well as in brief the approximate number of workers covered, the established minimum wage rates and other most important important conditions, if any, established in relation to minimum rates.

Article 6

The official instruments of ratification of this Convention, in accordance with the provisions of the Constitution of the International Labour Organization, shall be sent to the Director General of the International Labour Office for registration.

Article 7

1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification are registered with the International Labour Office. 2. It shall enter into force twelve months after the Director General registers the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention enters into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 8

As soon as the ratifications of two Members of the International Labour Organization are registered with the International Labour Office, the Director General of the International Labour Office notifies all Members of the International Labour Organization. He shall also notify them of the registration of all instruments of ratification subsequently received by him from other Members of the Organization.

Article 9

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 means of an act of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the registration of the act of denunciation with the International Labour Office. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of five years and may subsequently denounce this Convention after the expiration of each five-year period in accordance with the procedure established by this article.

Article 10

Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and decide whether to include in the agenda of the Conference the question of its revision in whole or in part.

Article 11

The French and English texts of this Convention are equally authentic. The above text is the authentic text of the 1928 Convention on the Establishment of a Minimum Wage Procedure, as amended by the 1946 Convention upon the final revision of the article. The original text of the Convention was approved on June 22, 1928, with signatures by Carlos Saaverda Lamas, Chairman of the Conference, and Albert Thomas, Director of the International Organization. The Convention entered into force on June 14, 1930. Pursuant to the provisions of article 6 of the 1946 Convention on the Final Revision of the Articles, on April 30, 1948, I certify with my signature the authenticity of two original copies of the text of the Convention, as amended.

Edward Phelan Director General of the International Labour Office

The above text of the Convention is a true copy of the authentic text, certified by the signature of the Director General of the International Labour Office.

The accuracy and completeness of the copy is verified,

for the Director General of the International Labour Office:

sv. Jenks

 Legal Adviser to the International Labour Office

I certify a copy of the Convention on the Establishment of a Minimum Wage Procedure (Convention 26), adopted at the eleventh session of the General Conference of the International Labour Organization in Geneva on June 16, 1928.

Director of the Department of Legal Support of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan A. Kuan

The RCPI's note. The English text of the Convention is attached.

President

Republic of Kazakhstan

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