On the ratification of the Convention on the Protection of Wages (Convention 95)

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Law of the Republic of Kazakhstan dated April 7, 2014 No. 184-V 3PK

To ratify The Convention on the Protection of Wages (Convention 95), adopted in Geneva at the 32nd session of the General Conference of the International Labour Organization on July 1, 1949.

President of the Republic of Kazakhstan N. NAZARBAYEV

INTERNATIONAL LABOUR CONFERENCE

CONVENTION 95 Convention on the Protection of Wages, Geneva, July 1, 1949

authentic text

INTERNATIONAL LABOUR CONFERENCE

Convention 95

Convention on the Protection of Wages

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on June 8, 1949, for its thirty-second session, having decided to adopt a number of proposals on wage protection, which is the seventh item on the agenda of the session, having decided to give these proposals the form of an international convention, adopts this first day of July one thousand nine hundred forty of the ninth year, the following Convention, which will be referred to as the 1949 Convention on the Protection of Wages.

Article 1

For the purposes of this Convention, the term "wages" means, regardless of the name and method of calculation, any remuneration or earnings calculated in money and determined by agreement or national legislation, which, by virtue of a written or oral employment contract, an employer pays to a worker for work that has either been performed or is to be performed, or for services that have either been provided or should be provided.

Article 2

1. This Convention applies to all persons to whom salaries are paid or owed. 2. The competent authority may, after consultation with the relevant employers' and workers' organizations, where such exist and are directly interested in doing so, exclude from the scope of application of this Convention as a whole or some of its provisions categories of persons who work in such circumstances and under such conditions that the application of all or some of the said provisions to them is inappropriate, and who are not engaged in physical work or are employed in the household or in a similar job. 3. Each Member of the Organization shall indicate in its first annual report on the application of this Convention, submitted in accordance with Article 22 of the Constitution of the International Labour Organization, all categories of persons whom it intends to exclude from all or any provisions of the Convention in accordance with the provisions of the preceding paragraph. Subsequently, no Member of the Organization will be able to make such exceptions, except in relation to the categories of persons indicated in this way. 4. Each Member of the Organization, which has indicated in its first annual report the categories of persons that it intends to exclude from all or any of the provisions of this Convention, in its subsequent reports shall indicate the categories of persons in respect of whom it waives the right to avail itself of the provisions of paragraph 2 of this article and shall report on any measures it has taken to the application of the Convention to these categories of persons.

Article 3

1. Monetary wages are paid exclusively in a currency that is legally in circulation in a given country, and payment in the form of debentures, receipts, coupons, or in any other form that allegedly corresponds to a legitimate currency is prohibited. 2. The competent authority may authorize or order the payment of wages by bank cheques or postal orders, if such form of payment is customary or necessary due to special circumstances, or if a collective agreement or an arbitration decision provides for this, or, in the absence of such decisions, if the employee concerned agrees to it.

Article 4

1. National legislation, collective agreements and arbitral awards may allow partial payment of wages in kind in those industries or professions where such payment is common or desirable; payment of wages in the form of alcoholic beverages with a high alcohol content, as well as in the form of harmful drugs is not permitted under any circumstances. 2. In cases where partial payment of wages in the form of benefits in kind is permitted, appropriate measures are taken to ensure that: (a) such benefits are suitable for the personal consumption of the worker and his family or bring him some kind of benefit; (b) such disbursement represents a fair and reasonable cost.

Article 5

Wages are paid directly to the employee concerned, except in cases where another method of payment is provided for by the legislation of the country, collective agreements or arbitration awards, or when there is a personal consent of the employee himself.

Article 6

Entrepreneurs are prohibited in any way from restricting workers in the free disposal of their wages.

Article 7

1. When shops exist in enterprises for the sale of basic necessities to workers or other types of services related to the enterprise are provided, the workers of this enterprise will not be forced to use such shops or other types of services. 2. When access to other shops or services is not possible, the competent authority takes appropriate measures to ensure that workers are given the opportunity to buy goods or use services at fair and affordable prices, or that the shops opened by the enterprise or the services provided to them perform their functions not for the purpose of making a profit for the enterprise, but in the interests of the workers employed on it.

Article 8

1. Deductions from wages are allowed only under the conditions and in the amounts determined by the legislation of the country or established by collective agreements or arbitration decisions. 2. Workers are notified, in the manner most appropriate at the discretion of the competent authorities, under what conditions and in what amounts such deductions may be made.

Article 9

Any deductions from wages made by a worker for the benefit of an entrepreneur or his representative or any intermediary (for example, a contractor or recruiter) are prohibited in order, through direct or indirect remuneration, to ensure that they receive or retain a job.

Article 10

1. Wages may be subject to seizure or assignment only in the form and within the limits prescribed by national legislation. 2. Wages shall be protected from seizure and assignment to the extent deemed necessary to ensure the maintenance of the worker and his family.

Article 11

1. In the event of bankruptcy of an enterprise or its judicial liquidation, the workers employed in that enterprise enjoy the position of preferred creditors either in respect of wages owed to them for services rendered during the period preceding bankruptcy or liquidation, as determined by national legislation, or in respect of wages, the amount of which does not exceed the amount prescribed by law. national legislation. 2. The wages that make up this preferred loan must be paid in full before ordinary creditors can claim their share. 3. The order of repayment of a preferred salary loan in relation to other types of preferred loans is determined by national legislation.

Article 12

1. Wages are paid regularly. Except in cases where there are other appropriate ways to ensure that it is paid on a certain regular basis, the terms of payment of wages are established by the legislation of the country concerned or determined by collective agreements or arbitration decisions. 2. Upon termination of the employment contract, the final payment in connection with all wages due is made in accordance with the laws of that country, a collective agreement or an arbitration award, or, in the absence of such legislation, a contract or decision, within a reasonable period of time, depending on the terms of the contract.

Article 13

1. Payment of wages, when they are made in money, should take place only on working days and at or near the place of work itself, unless national legislation, a collective agreement or an arbitration decision provide otherwise, or if other methods known to workers are deemed more appropriate. 2. It is prohibited to pay wages in taverns or other similar establishments, as well as, if it is necessary to prevent abuse, in retail stores and places of entertainment, except in cases where wages are paid to persons working in such institutions.

Article 14

Where necessary, effective measures are taken to ensure that workers are notified in an appropriate and easily accessible form.: a) before they are hired, as well as in cases where there are any changes, about the conditions of wages under which they are employed; b) at each issue of wages, about the various components of their wages for this period, since they may be subject to change..

Article 15

Legislation giving effect to the provisions of this Convention: (a) Is brought to the attention of the persons concerned; (b) Identifies the persons responsible for its observance; (c) prescribes appropriate penalties or other appropriate measures in case of violation; (d) ensures, in all appropriate cases, the production of appropriate records made in the prescribed form and in an appropriate manner.

Article 16

The annual reports submitted in accordance with Article 22 of the Constitution of the International Labour Organization shall provide full details of the measures taken to give effect to the provisions of this Convention.

Article 17

1. If there are large areas on the territory of a Member of the Organization where, due to the dispersion of the population or the level of development of the areas, the competent authority considers it impracticable to apply the provisions of this Convention, this authority may, after consultation with the relevant organizations of entrepreneurs and workers, where such exist, withdraw such areas from the Convention either completely or with such with exceptions for individual businesses or professions that it considers appropriate to make. 2. Each Member, in its first annual report on the application of this Convention, submitted in accordance with Article 22 of the Constitution of the International Labour Organization, shall indicate all areas in respect of which it intends to avail itself of the provisions of this Article, as well as the reasons for which it intends to avail itself of these provisions. Subsequently, no Member of the Organization may use the provisions of this article except in relation to the areas so designated by him. 3. Each Member using the provisions of this article shall review, at least every three years, and in consultation with relevant employers' and workers' organizations, where such exist, the possibility of extending this Convention to areas excluded from its scope of application by virtue of paragraph 1. 4. Each Member using the provisions of this article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to avail itself of these provisions, as well as all measures it has taken with a view to gradually extending the scope of application of this Convention to such areas.

Article 18

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 19

1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 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 shall enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 20

1. Declarations addressed to the Director-General of the International Labour Office in accordance with the provisions of paragraph 2 of Article 35 of the Constitution of the International Labour Organization shall contain indications concerning: (a) the Territories in respect of which the Member concerned undertakes to apply without modification the provisions of this Convention; (b) the Territories in respect of which it undertakes to apply the provisions of this Convention with modifications., and the details of these changes; (c) Territories in which the Convention will not apply, and in that case, the reasons why it will not apply; (d) Territories in respect of which it reserves its decision pending further consideration of the situation. 2. The obligations referred to in subparagraphs (a) and (b) of paragraph 1 of this article shall be considered an integral part of the instrument of ratification and shall have the same effect as it. 3. Any Member may, by a new declaration, withdraw all or part of the reservations contained in its previous declaration by virtue of subparagraphs (b), (c) and (d). paragraph 1 of this article. 4. Any Member may, at any time during which this Convention may be denounced in accordance with the provisions of Article 22, send to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and informing him of the existing situation in certain Territories.

Article 21

1. Declarations addressed to the Director-General of the International Labour Office in accordance with the provisions of Article 35, paragraphs 4 and 5, of the Constitution of the International Labour Organization shall indicate whether the provisions of this Convention will apply to the Territory concerned with or without modification; if the declaration indicates that the provisions of the Convention will apply subject to modification, it shall specify what exactly are these changes? 2. An interested Member or Members of an Organization or an international authority may, by means of a new application, waive in whole or in part the right to use the changes stipulated in any previous application. 3. The Member or Members of the Organization concerned or the international authority concerned may, at times when the Convention may be denounced in accordance with the provisions of article 22 of this Convention, send to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and informing him of the existing situation with regard to the application of this Convention.

Article 22

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. 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 ten years and may subsequently denounce this Convention after the expiration of each ten-year period in accordance with the procedure specified in this article.

Article 23

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all instruments of ratification, declarations and acts of denunciation received by him from the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date of entry into force of this Convention.

Article 24

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full details of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding articles.

Article 25

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 26

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the Organization of the new revised Convention shall automatically entail, regardless of the provisions of article 22, the immediate denunciation of this Convention, provided that the new revised the Convention has entered into force; b) starting from the date of entry into force of the new revised Convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content in respect of those Members of the Organization that have ratified it but have not ratified the new revised convention.

Article 27

The English and French texts of this Convention are equally authentic. The above text is the authentic text of the Convention duly adopted by the General Conference of the International Labour Organization at its thirty-second session, held in Geneva and declared closed on the second of July 1949.

In witness whereof, on August eighteenth, 1949, we signed our signatures:

Chairman of the Conference GILDHEIM MIRDDIN-EVANS

Director General of the International Labour Office

DAVID MORSE

The above text of the Convention is a true copy of the text, certified by the signatures of the President of the International Labour Conference and 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:

Guido Raimondi

 Legal Adviser to the International Labour Office

I certify a copy of the Wage Protection Convention (Convention 95), adopted at the thirty-second session of the General Conference of the International Labour Organization in Geneva on July 1, 1949.

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

I hereby certify that this text is a certified copy of the certified copy of Convention No. 95 concerning the Protection of Wages, signed in Geneva on July 1, 1949.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan N.Sakenov

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

President

Republic of Kazakhstan

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