Communication from the Federal Ministry of Foreign Affairs No 439 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on the introduction of minimum wage methods (No 26)
Valid
Effective from 12.06.1951
439
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs states that on 16 June 1928 the Convention on the introduction of methods for determining minimum wages was adopted at the 11th session of the International Labour Organisation General Conference (No 26). Ratification of the Convention by the Czechoslovak Republic was registered on 12 June 1950 by the Director-General of the International Labour Office. Pursuant to Article 7 of the Convention, the Convention entered into force for the Czechoslovak Republic on 12 June 1951.
The Czech translation of the Convention is being announced simultaneously.
Convention No 26
Convention on the introduction of methods of determining minimum wages
The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in Geneva and met there on 30 May 1928 at its 11th session,
Decide to adopt certain proposals concerning the arrangements for setting the minimum wages, which are the first item on the agenda of the sitting; and
state that these proposals will take the form of an international convention,
adopts on 16 June 1928 the following Convention, which will be referred to as the Convention on Minimum Wages Methods, 1928, to be ratified by the Member States of the International Labour Organisation under the provisions of the International Labour Organisation Constitution:
1. Each Member State of the International Labour Organisation which ratifies this Convention undertakes to establish or maintain methods for setting minimum wage rates for workers employed in certain trades or sectors of trade (and in particular domestic trade) where there is no effective system for determining wages by collective agreements or otherwise and in which wages are abnormally low.
2. For the purposes of this Convention, the word "trade 'includes trade and production.
Any Member State which ratifies this Convention shall have the right to decide, after consultation with employers' and workers' organisations, where such organisations exist for the trade concerned or for the trade sector concerned, to which trade or, in particular, to which domestic trade or to which trade or trade sectors the minimum wage methods referred to in Article 1 shall apply.
1. Any Member State which ratifies this Convention shall have the right to determine the nature and form of the methods for determining minimum wages and the methods for implementing them.
2.
(a) before the methods of setting minimum wages apply to a particular business or sector of activity, they shall be consulted with representatives of the participating employers and workers, including representatives of their respective organisations, where such organisations exist, as well as with all persons, in particular those qualified by their profession or functions to which the competent authority considers appropriate to contact;
(b) participating employers and workers are to participate in the implementation of methods of setting minimum wages in the form and to the extent that they can be determined by national legislation but always in the same number and under the same conditions;
(c) the minimum wage rates to be set shall be binding on the employers and workers involved, so that they may not be reduced by an individual agreement or, in addition to the general or special authorisation of the competent authority, by a collective agreement.
1. Any Member State which ratifies this Convention will, by means of control and sanctions, take measures to ensure that participating employers and workers know the minimum wage rates in force and that the wages paid are not lower than the minimum rates to be applied.
2. Any worker who is subject to minimum rates and who has received a salary lower than those shall have the right to recover, within a period to be determined by national legislation, the amount to be paid to him by judicial or other legal means.
Each Member State which ratifies this Convention shall submit to the International Labour Office each year a general report listing the trade or trade sectors in which the methods for setting minimum wages have been used and shall communicate the conditions under which those methods have been carried out and the results thereof. This report shall include brief details of the approximate number of staff subject to this adjustment, the fixed minimum wage rates and the other most important minimum wage measures, if any.
The formal ratification of this Convention shall be notified and registered to the Director-General of the International Labour Office under the conditions laid down in the Constitution of the International Labour Organisation.
1. This Convention only obliges the Member States of the International Labour Organisation whose ratification has been registered by the Director-General.
2. It shall take effect 12 months after the Director-General has registered the ratification of two Member States.
3. For each other Member State, this Convention shall take effect 12 months from the date on which its ratification was registered.
Once the ratification of two Member States of the International Labour Organisation has been registered with the International Labour Office, the Director-General of the International Labour Office shall notify all members of the International Labour Organisation. They shall also notify them of the minutes of any ratification communicated to it by the members of the organisation.
1. Any Member State which has ratified this Convention may denounce it after a period of 10 years from the date on which the Convention first came into force, by written communication to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered with the International Labour Office.
2. Any Member State which has ratified this Convention and which does not exercise the right to denounce it under this Article during the year following the expiry of a period of 10 years, as referred to in the preceding paragraph, shall be bound by the Convention for a further five-year period and shall then be able to terminate it at the end of each five-year period under the conditions laid down in this Article.
Whenever deemed necessary, the Administrative Council of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and examine whether it is appropriate to put on the agenda of the Conference a question of its full or partial revision.
The French and English texts of this Convention shall be equally authentic.
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No 439 / 1990 Coll., on the negotiation of the Convention on the introduction of methods for determining minimum wages (No 26) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.10.1990 |
|---|---|
| Effective from | 12.06.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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