of July 1, 1949 No. 95
Concerning protection of the salary
The general International Labor Organization Convention called in Geneva by Administrative Board of the International Labor Office and which gathered there on June 8, 1949 for the thirty second session, having decided to accept different offers concerning protection of the salary - the seventh item on the agenda of session, having decided that these offers will take the form of the international convention, accepts this July of the first day one thousand nine hundred forty ninth the following Convention which will hereinafter be referred to as as the Convention on protection of the salary, 1949.
For the purpose of this Convention the term "salary" means irrespective of the name and method of calculation any remuneration or earnings able to be estimated in money and established by the agreement or the national legal system which the entrepreneur shall pay to force of the written or verbal agreement about hiring of services to the worker for work which either is executed, or shall be executed, or for services which either are rendered, or shall be rendered.
1. This Convention is applied to all persons to whom the salary is paid or shall be paid.
2. The competent power after consultation with the organizations of entrepreneurs and workers where such organizations exist and directly are interested in it, can withdraw from operation of the Convention in general or some of its positions of category of persons which work in such circumstances and at such conditions that application of all or some of the mentioned provisions is inexpedient and which are not reached on physical works or are engaged in household or on similar service.
3. Each organization member shall in the first annual report on application of this Convention according to article 22 of the Charter of the International Labour Organization specify all categories of persons which he assumes to exclude from action of all or any provision of the Convention according to resolutions of the previous Item. Afterwards any member will not be able to do similar exceptions, except as concerning categories of persons specified in this report.
4. Each organization member who specified in the first annual report categories of persons whom he assumes to exclude from action of all or any provision of this Convention shall specify in the subsequent reports categories of persons concerning which he refuses the right to refer to resolutions of Item 2 of this Article and to report about any progress which can be reached for the purpose of application of this Convention to these categories of persons.
1. The salary paid by cash will be paid only in the money which is in legal use and payment in the form of bills of exchange, bonds, coupons or in any other form intended will be prohibited to replace the money which is in legal use.
2. The competent power can permit or order salary payment by bank checks or postal orders if such payment method is taken in customary practice or is necessary in view of special circumstances and if the collective agreement or the decision of arbitral authority provide it or, in the absence of such resolutions, the interested worker agrees to it.
1. The national legal system, collective agreements or decisions of arbitral authorities can resolve partial payment of the salary in nature in those industries or professions where this payment method is taken in customary practice or is desirable in view of nature of industry or profession on which it there is a speech. Salary payment in the form of spirits or drugs is not allowed at all.
2. When partial payment of the salary in nature is resolved, adequate measures shall be taken in order that:
a) issue of nature intended for personal use by the worker and his family and corresponded to their interests;
b) issue was made at fair and reasonable price.
The salary will be paid to directly interested worker if the national legal system, the collective agreement or the decision of arbitral authority do not provide opposite and if the interested worker does not agree to other method.
The entrepreneur is forbidden to limit to any method freedom of the worker to have the salary at own discretion.
1. If under the company there are shops on sales of goods the worker or services on supply, then in relation to the interested workers shall not be carried out any coercion with the purpose to force them to use services of these shops and services.
2. If it is impossible to use other shops or services, the competent power shall take adequate measures with the purpose to provide sales of goods and rendering services in fair and reasonable prices or to provide such provision in case of which the shops or services organized by the entrepreneur would be operated not for the purpose of generation of profit, and for the benefit of workers.
1. Deduction from the salary are allowed to be made in conditions and in the limits ordered by the national legal system or determined in the collective agreement or in the decision of arbitral authority.
2. Workers shall be notified in such a way which the competent power will consider the most suitable, about conditions and limits in which such deduction can be made.
Any deduction from the salary which purpose is direct or indirect payment to the working to the entrepreneur, his representative or any intermediary (such as, to the agent on set of labor power) for obtaining or preserving service are prohibited.
1. The salary can be subject to arrest or transfer only in such form and in such limits which are ordered by the national legal system.
2. The salary shall be protected against arrests and transfer in that measure in which it is considered necessary for content of the worker and his family.
1. In case of bankruptcy of the company or its liquidation judicially the workers occupied at this company will use provision of preferred creditors or concerning the salary which they shall receive for the services rendered during the period preceding bankruptcy or liquidation which will be determined by the national legal system, or concerning the salary which amount does not exceed the amount ordered by the national legal system.
2. The salary constituting this exclusive credit will be paid completely before ordinary creditors are able to demand them share.
3. The procedure for priority of repayment of the exclusive credit representing the salary in relation to other types of the exclusive credit shall be determined by the national legal system.
1. The salary will be paid through regular periods. If there are no other corresponding settlements providing salary payment through regular periods, then the periods of salary payment shall be ordered by the national legal system or are defined by the collective agreement or the decision of arbitral authority.
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