Communication from the Federal Ministry of Foreign Affairs No 450 / 1990 Coll.

Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on the Equal Remuneration of Workers Men and Women for Work of equal Value (No 100)

Valid Effective from 30.10.1958
Contents
450
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs states that on 29 June 1951, at the 34th session of the International Labour Organisation General Conference, the Convention on the Equal Remuneration of Workers Men and Women for Work of equal Value was adopted (No 100). Ratification of the Convention by the Czechoslovak Republic was registered on 30 October 1957 by the Director-General of the International Labour Office. Pursuant to Article 6 of the Convention, the Convention entered into force for the Czechoslovak Republic on 30 October 1958.
The Czech translation of the Convention is being announced simultaneously.
Convention No 100
Convention on the equal pay of working men and women for work of equal value
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 6 June 1951 at its 34th session,
Decide to adopt certain proposals on the principle of equal pay for working men and women for the work of the same value as the seventh item on the agenda of the sitting,
state that these proposals will take the form of an international convention,
adopt, on 29 June 1951, this Convention, which will be referred to as the Convention on equal pay, 1951.
For the purposes of this Convention:
(a) the term "remuneration" shall include a regular, basic or minimum salary or salary and any secondary income paid directly or indirectly, whether in cash or in kind, by the employer of the worker and resulting from the worker's employment;
(b) the term "equal pay for working men and women for work of equal value" shall apply to remuneration tariffs fixed without discrimination based on sex.
1. Each Member State shall support the means, corresponding to the methods used to determine remuneration tariffs, and, where compatible with such methods, ensure that the principle of equal pay for working men and women is applied to all workers for the work of equal value.
2. This principle may be implemented:
(a) national legislation;
(b) legally established or recognised methods of determining wages;
(c) collective agreements between employers and workers;
(d) a combination of these different means.
1. Where such a procedure facilitates the implementation of the provisions of this Convention, measures shall be taken to promote an objective assessment of employment on the basis of the work to be carried out.
2. The methods to be used in this evaluation are to be determined by the authorities responsible for determining the remuneration for work or, where such remuneration is provided for by collective agreements, by their contracting parties.
3. The different remuneration of workers, regardless of gender, which is determined by such an objective evaluation of the work to be carried out, shall not be regarded as contrary to the principle of equal pay of working men and women as equal value.
Each Member State shall cooperate in an appropriate manner with the participating employers' and workers' organisations to effectively implement the provisions of this Convention.
The formal ratification of this Convention shall be notified to and registered by the Director-General of the International Labour Office.
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.
1. Statements sent to the Director-General of the International Labour Office pursuant to paragraph 2 of Article 35 of the International Labour Organisation Constitution shall contain the particulars:
(a) territories in respect of which the Member State concerned undertakes to implement the provisions of the Convention without amendment;
(b) territories in respect of which it undertakes to implement the provisions of the Convention with amendments and details of such amendments;
(c) the territories in which the Convention cannot be implemented and, in such cases, the reasons for which it cannot be implemented;
(d) territories in respect of which it reserves its decisions until a deeper assessment of the situation.
2. The commitments referred to in points (a) and (b) of the first paragraph of this Article shall be considered as an integral part of ratification and shall have the same effect.
3. Each Member State may at any time, in whole or in part, waive the reservations contained in its original declaration under points (b), (c) or (d) of the first paragraph of this Article.
4. Each Member State may, during periods during which the Convention may be terminated in accordance with the provisions of Article 9, send a new declaration to the Director-General amending in any other way the text of any earlier declaration and containing details of the current situation in such territories.
1. Statements sent to the Director-General of the International Labour Office pursuant to paragraphs 4 and 5 of Article 35 of the ILO Constitution shall indicate whether the provisions of the Convention will be implemented in a specific territory without modification or amendment; where it is stated in the declaration that the provisions of the Convention will be implemented with amendments, it shall specify in detail what those amendments consist of.
2. A Member State, Member States or a competent international authority may waive, in whole or in part, the right to invoke any of the amendments referred to in the earlier declaration by a subsequent declaration.
3. A Member State, Member States or a competent international authority may, during periods during which the Convention may be terminated in accordance with the provisions of Article 9, send a new declaration to the Director-General amending, in any other way, the wording of any earlier declaration and containing information on the state of play as regards the implementation of this Convention.
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.
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 10-year period and shall then be able to terminate it at the end of each 10-year period under the conditions laid down in this Article.
1. The Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation of the registration of any ratification, declaration and denunciation communicated to it by the members of the Organisation.
2. When notifying the Member States of the Organisation of the minutes of the second ratification notified to it, the Director-General shall notify the Member States of the Organisation of the date on which this Convention enters into force.
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations the full details of all the ratification, declarations and statements which he has entered in accordance with the provisions of the previous Articles.
Whenever deemed necessary, the Administrative Board of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and shall examine whether it is appropriate to put on the agenda of the General Conference a question of its full or partial revision.
1. Where the General Conference adopts a new Convention which fully or partially revises the Convention and does not provide otherwise for the new Convention,
(a) ratification by a Member State of a new revising convention shall cause ipso jure to be terminated immediately, regardless of the provisions of Article 9, subject to the fact that the new revising convention becomes effective;
(b) since the new revised Convention enters into force, this Convention shall cease to be open to the Member States for ratification.
2. However, this Convention shall remain in force in its form and content for those Member States which have ratified it and which have not ratified the revised Convention.
The English and French versions of this Convention shall be equally authentic.

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Regulation Information

CitationCommunication from the Federal Ministry of Foreign Affairs No 450 / 1990 Coll., on the negotiation of the Convention on the Equal Remuneration of Workers Men and Women for Work of equal Value (No 100)
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation29.10.1990
Effective from30.10.1958
Effective until-
Status Valid
The regulation text is for informational purposes only.
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