Conventions of the International Labor Organization (ILO) in the regulation of labor relations. Characteristics of individual conventions of the international labor organization on wages Convention ILO 95 and the Labor Code of the Russian Federation

CONVENTION 95
regarding wage protection*

Ratified
Decree of the Presidium of the Supreme Soviet of the USSR
dated January 31, 1961

________________
* The Convention entered into force on September 24, 1952.

General Convention of the International Labor Organization convened at Geneva by the Governing Body International Bureau Labor and meeting there on 8 June 1949 for its thirty-second session, having decided to adopt the various proposals for the protection of wages - the seventh item on the agenda of the session, having decided that these proposals will take the form international convention adopts this first day of July of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Protection of Wages Convention, 1949.

Article 1

For the purposes of this Convention, the term "wages" means, regardless of the name and method of calculation, any remuneration or earnings, which can be calculated in money and established by agreement or national law, which an employer must pay by virtue of a written or oral contract for the employment of services to a worker for work, which is either performed or to be performed, or for services that are either rendered or to be rendered.

Article 2

1. This Convention applies to all persons to whom wages are or are to be paid.

2. The competent authority, after consultation with employers' and workers' organizations, where such organizations exist and have a direct interest in doing so, may exempt from the application of the Convention as a whole or certain of its provisions categories of persons who work in such circumstances and under such conditions that the application of all or some of the above provisions is inappropriate, and who are not engaged in physical work or are employed in the household or in a similar service.

3. Each Member shall, in its first annual report on the application of this Convention, in accordance with the provisions of the preceding paragraph, indicate all categories of persons it proposes to exclude from the operation of all or any provision of the Convention in accordance with the provisions of the preceding paragraph. Subsequently, no member will be able to make such exceptions, except in respect of the categories of persons indicated in this report.

4. Each Member which has indicated in its first annual report the categories of persons whom it proposes to exclude from all or any provision of this Convention shall, in its subsequent reports, indicate the categories of persons in respect of which it waives the right to invoke the provisions of paragraph 2 of this article and report on any progress that may be made with a view to applying this Convention to these categories of persons.

Article 3

1. Wages paid in cash will be paid exclusively in legal currency, and payment in the form of bills, bonds, coupons or any other form intended to replace legal currency will be prohibited.

2. The competent authority may authorize or prescribe the payment of wages by bank checks or postal orders if such form of payment is customary or is necessary in view of special circumstances and if collective agreement or the decision of the arbitral body so provides or, in the absence of such provisions, the worker concerned agrees to it.

Article 4

1. National laws, collective agreements or arbitral awards may authorize partial payment of wages in kind in industries or professions where this form of payment is customary or desirable in view of the nature of the industry or profession in which in question. Payment of wages in the form of alcoholic or narcotic drugs is in no case allowed.

2. Where partial payment of wages in kind is permitted, appropriate measures must be taken to:

a) the release in kind was for the personal use of the worker and his family and was in their best interests;

b) the extradition was made at a fair and reasonable price.

Article 5

Wages will be paid directly to the worker concerned, unless national law, collective agreement or arbitral award provides otherwise, and unless the worker concerned agrees to another method.

Article 6

The employer is prohibited from restricting in any way the freedom of the worker to dispose of his salary at your own discretion.

Article 7

1. If there are shops for the sale of goods to workers or supply services in an enterprise, then no coercion should be carried out in relation to the workers concerned with the aim of compelling them to use the services of these shops and services.

2. If it is not possible to use other shops or services, the competent authority must take appropriate measures to ensure that goods and services are sold at fair and reasonable prices or that shops or services organized by the entrepreneur are not operated for profit. but in the interests of the workers.

Article 8

1. Deductions from wages may be made under the conditions and within the limits prescribed by national law or specified in a collective agreement or arbitration award.

2. Workers shall be advised, in such manner as the competent authority may deem most appropriate, of the conditions and extent to which such deductions may be made.

Article 9

Any deduction from wages intended to pay workers directly or indirectly to the employer, his representative or any intermediary (such as a recruiter) is prohibited. work force) for receiving or retaining service.

Article 10

1. Wages may be seized or transferred only in such form and to the extent prescribed by national law.

2. Wages shall be protected against seizure and transfer insofar as this is deemed necessary for the maintenance of the worker and his family.

Article 11

1. In case of bankruptcy of an enterprise or its liquidation in judicial order the workers employed in this undertaking shall enjoy the position of preferred creditors, either in respect of the wages they are to receive for services rendered during the period preceding bankruptcy or liquidation, to be determined by national law, or in respect of wages not exceeding prescribed by national law.

2. The wages constituting this preferred credit will be paid in full before ordinary creditors can claim their share.

3. The order of priority for repayment of preference credit representing wages in relation to other types of preference credit should be determined by national legislation.

Article 12

1. Wages will be paid at regular intervals. Unless other appropriate arrangements exist to ensure that wages are paid at regular intervals, periods of wage payment should be prescribed by national law or determined by collective agreement or arbitration.

2. When an employment contract expires, the final settlement of the wages due to the worker shall be made in accordance with national law, collective agreement or arbitration award or, in the absence of such legislation, agreement or decision, within a reasonable time subject to the terms of the contract.

Article 13

1. The payment of wages, when made in cash, must take place only on working days and at or near the place of work, unless national law, a collective agreement or an arbitral award provides otherwise, or unless other rules with which the workers concerned should be familiarized, are not recognized as more appropriate.

2. It is prohibited to pay wages in places of sale of drinks or other similar establishments, and, if necessary to prevent abuse, in retail stores and places of entertainment, except in cases where wages are received by persons working in such establishments.

Article 14

Where necessary, effective measures should be taken to inform workers in a convenient and easily understandable way:

(a) the conditions for the calculation of the wages due to them before they enter employment and each time these conditions change;

b) at the time of each payment, the constituent elements of wages for each given period, to the extent that these elements may vary.

Article 15

The legislation giving effect to the provisions of this Convention shall:

a) be brought to the attention stakeholders;

b) indicate the persons responsible for their implementation;

c) prescribe appropriate sanctions in cases of infringement;

d) provide for, in all necessary cases, the maintenance of accounting records in the appropriate form and method.

Article 16

Annual reports submitted in accordance with the provisions of Article 22 of the Constitution of the International Labor Organization shall contain full details of the measures taken to give effect to the provisions of this Convention.

Article 17

1. Where the territory of any Member of the Organization includes large areas where the competent authority, by virtue of the dispersion of the population or the level of development thereof, considers it practically impossible to apply the provisions of this Convention, that competent authority may, after consultation with the organizations of employers and workers concerned there, where such organizations exist, to exclude the said areas from the application of this Convention, either generally or with such exemption as it considers appropriate in respect of certain establishments or certain types of work.

2. Each Member shall, in its first annual report on the application of this Convention, which it is required to submit in accordance with Article 22 of the Constitution of the International Labor Organization, indicate each area in respect of which it proposes to avail itself of the provisions of this Article, and shall indicate the reasons in view of which he intends to avail himself of these provisions. Subsequently, no Member of the Organization will be able to use the provisions of this article except in respect of the areas so designated by it.

3. Each Member which invokes the provisions of this Article shall, at intervals not exceeding three years, and in consultation with the organizations of employers and workers concerned, where such organizations exist, consider extending the application of this Convention to areas excluded from its operation in force of paragraph 1.

4. Each Member which invokes the provisions of this Article shall indicate in its subsequent annual reports the areas in respect of which it waives the right to invoke the said provisions and progress for the gradual extension of this Convention to such areas.

Article 18

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 19

1. This Convention shall bind only those Members of the International Labor Organization whose instruments of ratification shall be registered by the Director General.

2. It shall enter into force twelve months after the Director-General has registered the instruments of ratification of two Members of the Organization.

3. Subsequently, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 20

1. Declarations to be sent to the Director-General of the International Labor Office in accordance with paragraph 2 of Article 35 of the Constitution of the International Labor Organization must contain indications of:

a) the territories in which the Member concerned undertakes to apply the provisions of this Convention without modification;

b) the territories in respect of which it undertakes to apply the provisions of the Convention as modified, and the content of those modifications;

c) the territories to which the Convention will not apply, and in this case the reasons why it will not apply;

d) the territories in respect of which he reserves his decision pending a more detailed consideration of the situation in respect of these territories.

2. The undertakings referred to in subparagraphs a) and b) of paragraph 1 of this article shall be considered an integral part of the instruments of ratification and shall have the same effect.

3. Any Member of the Organization may, by means of a new declaration, waive all or part of the reservations made in its previous declaration in accordance with subparagraphs b), c) and d) of paragraph 1 of this Article.

4. Any Member of the Organization may, during the periods during which this Convention may be denounced in accordance with the provisions of Article 22, communicate to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the situation in certain territories.

Article 21

1. Declarations addressed to the Director-General of the International Labor Office in accordance with paragraphs 4 and 5 of Article 35 of the Constitution of the International Labor Organization shall indicate whether the provisions of this Convention shall apply to the territory in question, with or without modification; if the declaration states that the provisions of the Convention will apply subject to amendments, it must specify what the said amendments consist of.

2. The Member or Members of the Organization concerned or the international authority may, by a subsequent declaration, waive, in whole or in part, the right to invoke the amendments referred to in any previous declaration.

3. The Member or Members of the Organization concerned or an international authority may, during the periods during which the Convention may be denounced in accordance with the provisions of Article 22, communicate to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the situation with respect to the application this convention.

Article 22

1. Any Member which has ratified this Convention may, after a period of ten years from its original entry into force, denounce it by an act of denunciation addressed to and registered by the Director General of the International Labor Office. The denunciation will take effect one year after the registration of the act of denunciation.

2. Each Member of the Organization which has ratified this Convention and which, within one year after the expiration of the period of ten years referred to in the preceding paragraph, does not exercise the right of denunciation provided for in this Article, shall be bound for another period of ten years and may thereafter be able to denounce this Convention at the expiration of each ten years in the manner prescribed by this article.

Article 23

1. The Director General of the International Labor Office shall notify all members of the International Labor Organization of the registration of all instruments of ratification, declarations and denunciations communicated to him by the members of the Organization.

2. When notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General will draw the attention of the Members of the Organization to the date on which the Convention will come into force.

Article 24

The Director-General of the International Labor 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, full details of all instruments of ratification, declarations and denunciations registered by him in accordance with the provisions of the preceding Articles.

Article 25

At the expiration of each period of ten years after the entry into force of this Convention, the Governing Body of the International Labor Office shall report to the General Conference on the application of this Convention and decide whether to include in the agenda of the Conference the question of the complete or partial revision of this Convention.

Article 26

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless otherwise provided in the new convention, then:

(a) The ratification by any Member of the Organization of a new revised convention shall automatically entail, irrespective of Article 22, the immediate denunciation of this Convention, provided that the new revised convention has entered into force;

b) as from the date of entry into force of the new revised convention, this Convention shall be closed for ratification by its Members.

2. This Convention shall in any event remain in force in form and substance with respect to those Members of the Organization which have ratified it but have not ratified the revised Convention.

Article 27

French and English texts of this Convention shall have equal force.

Ratified by the Presidium of the Supreme Soviet of the USSR on January 31, 1961.

The instrument of ratification of the USSR was deposited with the Director General of the International Labor Office on May 4, 1961.

Electronic text of the document
prepared by CJSC "Kodeks" and checked against:
Bulletin of the Supreme Court
Russian Federation,
No. 5, 1995

CONVENTION

REGARDING WAGE PROTECTION

The General Convention of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office, and meeting there on June 8, 1949, in its thirty-second session, having decided to adopt various proposals for the protection of wages - the seventh item on the agenda of the session, having decided that these proposals will take the form of an international Convention, adopts this first day of July of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Protection of Wages Convention, 1949.

For the purposes of this Convention, the term "wages" means, regardless of the name and method of calculation, any remuneration or earnings, which can be calculated in money and established by agreement or national law, which an employer must pay by virtue of a written or oral contract for the employment of services to a worker for work, which is either performed or to be performed, or for services that are either rendered or to be rendered.

1. This Convention applies to all persons to whom wages are or are to be paid.

2. The competent authority, after consultation with employers' and workers' organizations, where such organizations exist and have a direct interest in doing so, may exempt from the application of the Convention as a whole or certain of its provisions categories of persons who work in such circumstances and under such conditions that the application of all or some of the above provisions is inappropriate, and who are not engaged in physical work or are employed in the household or in a similar service.

3. Each Member shall, in its first annual report on the application of this Convention, in accordance with Article 22 of the Constitution of the International Labor Organization, indicate all categories of persons which it proposes to exclude from all or any provision of the Convention in accordance with the provisions of the preceding paragraph. Subsequently, no member will be able to make such exceptions, except in respect of the categories of persons indicated in this report.

4. Each Member which has indicated in its first annual report the categories of persons whom it proposes to exclude from all or any provision of this Convention shall, in its subsequent reports, indicate the categories of persons in respect of which it waives the right to invoke the provisions of paragraph 2 of this article and report on any progress that may be made with a view to applying this Convention to these categories of persons.

1. Wages paid in cash will be paid exclusively in legal currency, and payment in the form of bills, bonds, coupons or any other form intended to replace legal currency will be prohibited.

2. The competent authority may authorize or prescribe the payment of wages by bank checks or postal orders if such form of payment is customary or necessary in view of special circumstances and if the collective agreement or arbitration award so provides or, in the absence of such provisions, the worker concerned agrees on this.

1. National laws, collective agreements or arbitral awards may authorize partial payment of wages in kind in industries or professions where this form of payment is customary or desirable in view of the nature of the industry or profession in question. Payment of wages in the form of alcoholic or narcotic drugs is in no case allowed.

2. Where partial payment of wages in kind is permitted, appropriate measures must be taken to:

a) the release in kind was for the personal use of the worker and his family and was in their best interests;

b) the extradition was made at a fair and reasonable price.

Wages will be paid directly to the worker concerned, unless national law, collective agreement or arbitral award provides otherwise, and unless the worker concerned agrees to another method.

The employer is prohibited from restricting in any way the freedom of the worker to dispose of his wages as he pleases.

1. If there are shops for the sale of goods to workers or supply services in an enterprise, then no coercion should be carried out in relation to the workers concerned with the aim of compelling them to use the services of these shops and services.

2. If it is not possible to use other shops or services, the competent authority must take appropriate measures to ensure that goods and services are sold at fair and reasonable prices or that shops or services organized by the entrepreneur are not operated for profit. but in the interests of the workers.

1. Deductions from wages may be made under the conditions and within the limits prescribed by national law or specified in a collective agreement or arbitration award.

2. Workers shall be advised, in such manner as the competent authority may deem most appropriate, of the conditions and extent to which such deductions may be made.

Any deduction from wages intended to pay workers directly or indirectly to the employer, his representative or any intermediary (such as a recruiter) for the receipt or retention of service is prohibited.

1. Wages may be seized or transferred only in such form and to the extent prescribed by national law.

2. Wages shall be protected against seizure and transfer insofar as this is deemed necessary for the maintenance of the worker and his family.

1. In the event of bankruptcy or liquidation of an undertaking by a court, the workers employed in that undertaking shall enjoy the position of preferred creditors, or with respect to the wages they are to receive for services rendered during the period preceding the bankruptcy or liquidation, to be determined by national law. or in respect of wages not exceeding the amount prescribed by national law.

2. The wages constituting this preferred credit will be paid in full before ordinary creditors can claim their share.

3. The order of priority for repayment of preference credit representing wages in relation to other types of preference credit should be determined by national legislation.

1. Wages will be paid at regular intervals. Unless other appropriate arrangements exist to ensure that wages are paid at regular intervals, periods of wage payment should be prescribed by national law or determined by collective agreement or arbitration.

2. When an employment contract expires, the final settlement of the wages due to the worker shall be made in accordance with national law, collective agreement or arbitration award or, in the absence of such legislation, agreement or decision, within a reasonable time subject to the terms of the contract.

1. The payment of wages, when made in cash, must take place only on working days and at or near the place of work, unless national law, a collective agreement or an arbitral award provides otherwise, or unless other rules with which the workers concerned should be familiarized, are not recognized as more appropriate.

2. It is prohibited to pay wages in places of sale of drinks or other similar establishments, and, if necessary to prevent abuse, in retail stores and places of entertainment, except in cases where wages are received by persons working in such establishments.

Where necessary, effective measures should be taken to inform workers in a convenient and easily understandable way:

(a) the conditions for the calculation of the wages due to them before they enter employment and each time these conditions change;

b) at the time of each payment, the constituent elements of wages for each given period, to the extent that these elements may vary.

The legislation giving effect to the provisions of this Convention shall:

a) be communicated to the persons concerned;

b) indicate the persons responsible for their implementation;

c) prescribe appropriate sanctions in cases of infringement;

d) provide for, in all necessary cases, the maintenance of accounting records in the appropriate form and method.

Annual reports submitted in accordance with the provisions of Article 22 of the Constitution of the International Labor Organization shall contain full details of the measures taken to give effect to the provisions of this Convention.

1. Where the territory of any Member of the Organization includes large areas where the competent authority, by virtue of the dispersion of the population or the level of development thereof, considers it practically impossible to apply the provisions of this Convention, that competent authority may, after consultation with the organizations of employers and workers concerned there, where such organizations exist, to exclude the said areas from the application of this Convention, either generally or with such exemption as it considers appropriate in respect of certain establishments or certain types of work.

2. Each Member shall, in its first annual report on the application of this Convention, which it is required to submit in accordance with Article 22 of the Constitution of the International Labor Organization, indicate each area in respect of which it proposes to avail itself of the provisions of this Article, and shall indicate the reasons in view of which he intends to avail himself of these provisions. Subsequently, no Member of the Organization will be able to use the provisions of this article except in respect of the areas so designated by it.

3. Each Member which invokes the provisions of this Article shall, at intervals not exceeding three years, and in consultation with the organizations of employers and workers concerned, where such organizations exist, consider extending the application of this Convention to areas excluded from its operation in force of paragraph 1.

4. Each Member which invokes the provisions of this Article shall indicate in its subsequent annual reports the areas in respect of which it waives the right to invoke the said provisions and the progress made in progressively extending the application of this Convention to such areas.

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

1. This Convention shall bind only those Members of the International Labor Organization whose instruments of ratification shall be registered by the Director General.

2. It shall enter into force twelve months after the Director-General has registered the instruments of ratification of two Members of the Organization.

3. Subsequently, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

1. Declarations to be sent to the Director-General of the International Labor Office in accordance with paragraph 2 of Article 35 of the Constitution of the International Labor Organization must contain indications of:

a) the territories in which the Member concerned undertakes to apply the provisions of this Convention without modification;

b) the territories in respect of which it undertakes to apply the provisions of the Convention as modified, and the content of those modifications;

c) the territories to which the Convention will not apply, and in this case the reasons why it will not apply;

d) the territories in respect of which he reserves his decision pending a more detailed consideration of the situation in respect of these territories.

2. The undertakings referred to in subparagraphs a) and b) of paragraph 1 of this article shall be considered an integral part of the instruments of ratification and shall have the same effect.

3. Any Member of the Organization may, by means of a new declaration, waive all or part of the reservations made in its previous declaration in accordance with subparagraphs b), c) and d) of paragraph 1 of this Article.

4. Any Member of the Organization may, during the periods during which this Convention may be denounced in accordance with the provisions of Article 22, communicate to the Director-General a new declaration amending in any other respect the terms of any previous declaration and reporting on the situation in certain territories.

1. Declarations addressed to the Director-General of the International Labor Office in accordance with paragraphs 4 and 5 of Article 35 of the Constitution of the International Labor Organization shall indicate whether the provisions of this Convention shall apply to the territory in question, with or without modification; if the declaration states that the provisions of the Convention will apply subject to amendments, it must specify what the said amendments consist of.

2. The Member or Members of the Organization concerned or the international authority may, by a subsequent declaration, waive, in whole or in part, the right to invoke the amendments referred to in any previous declaration.

3. The Member or Members of the Organization concerned or an international authority may, during the periods during which the Convention may be denounced in accordance with the provisions of Article 22, communicate to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the situation with respect to the application this convention.

1. Any Member which has ratified this Convention may, after a period of ten years from its original entry into force, denounce it by an act of denunciation addressed to and registered by the Director General of the International Labor Office. The denunciation will take effect one year after the registration of the act of denunciation.

2. Each Member of the Organization which has ratified this Convention and which, within one year after the expiration of the period of ten years referred to in the preceding paragraph, does not exercise the right of denunciation provided for in this Article, shall be bound for another period of ten years and may thereafter be able to denounce this Convention at the expiration of each ten years in the manner prescribed by this article.

1. The Director General of the International Labor Office shall notify all members of the International Labor Organization of the registration of all instruments of ratification, declarations and denunciations communicated to him by the members of the Organization.

2. When notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General will draw the attention of the Members of the Organization to the date on which the Convention will come into force.

The Director-General of the International Labor 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, full details of all instruments of ratification, declarations and denunciations registered by him in accordance with the provisions of the preceding Articles.

At the expiration of each period of ten years after the entry into force of this Convention, the Governing Body of the International Labor Office shall report to the General Conference on the application of this Convention and decide whether to include in the agenda of the Conference the question of the complete or partial revision of this Convention.

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless otherwise provided in the new convention, then:

(a) The ratification by any Member of the Organization of a new revised convention shall automatically entail, irrespective of Article 22, the immediate denunciation of this Convention, provided that the new revised convention has entered into force;

b) as from the date of entry into force of the new revised convention, this Convention shall be closed for ratification by its Members.

2. This Convention shall in any event remain in force in form and substance with respect to those Members of the Organization which have ratified it but have not ratified the revised Convention.

The French and English texts of this Convention shall be equally authentic.

The instrument of ratification of the USSR was deposited with the Director General of the International Labor Office on May 4, 1961.

The president

CONVENTION 95
,
Geneva, 1 July 1949

authentic text

INTERNATIONAL LABOR CONFERENCE

Convention 95

Wage Protection Convention

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

a) and b)
b), c) and d) of this article.

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Conference Chairman
GILDHEIM MIRDDIN-EVANS

CEO
International Labor Office

DAVID MORS

Guido Raimondi

Legal Advisor
International Labor Office

Department Director
legal support
Ministry of Labor and

Head of Department

Ratify the protection of wages (Convention 95), adopted in Geneva at the 32nd session of the General Conference of the International Labor Organization on July 1, 1949.

The president
Republic of Kazakhstan N. NAZARBAYEV

INTERNATIONAL LABOR CONFERENCE

CONVENTION 95

Geneva, 1 July 1949

authentic text

INTERNATIONAL LABOR CONFERENCE

Convention 95

Wage Protection Convention

The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office, and meeting on June 8, 1949, in its thirty-second session,
Having decided to adopt a series of proposals on the protection of wages, which is the seventh item on the agenda of the session, Having decided that these proposals should take the form of an international convention,
Adopts this first day of July in the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Protection of Wages Convention, 1949.

Article 1

For the purposes of this Convention, the term "wages" means, by whatever name or method of calculation, any remuneration or earnings, calculated in money and fixed by agreement or national law, which, by virtue of a written or oral contract of employment, is paid by an employer to a worker for work which either performed or to be performed, or for services that are either rendered or to be rendered.

Article 2

1. This Convention applies to all persons to whom wages are paid or due.
2. The competent authority may, after consultation with the employers' and workers' organizations concerned, where they exist and are directly concerned, exclude from the 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 it is not appropriate to apply to them all or some of the said provisions, and who are not engaged in manual work or are engaged in household or similar work.
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 Labor Organization, all categories of persons whom it intends to exclude from all or any of the 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 respect of the categories of persons indicated in the aforementioned manner.
4. Each Member which has indicated in its first annual report the categories of persons it intends to exclude from all or any of the provisions of this Convention, shall indicate in its subsequent reports the categories of persons in respect of which it waives the right to benefit from the provisions of this article, and reports on any measures he has taken to apply the Convention to these categories of persons.

Article 3

1. Wages in money shall be paid exclusively in the currency of legal circulation in that country, and payment in the form of promissory notes, receipts, coupons, or in any other form purporting to correspond to the legal currency is prohibited.
2. The competent authority may authorize or prescribe the payment of wages by bank checks or postal orders if such form of payment is customary or necessary due to special circumstances or if a collective agreement or arbitration award so provides or, in the absence of such regulations, if the worker concerned agree to this.

Article 4

1. National laws, collective agreements and arbitration awards may permit partial payment of wages in kind in industries or professions where such payment is customary or desirable; payment of wages in the form of alcoholic beverages with a high alcohol content, as well as in the form of drugs harmful to the body, is not permitted under any circumstances.
2. Where partial payment of wages in kind is permitted, appropriate measures shall be taken to ensure that:
(a) such benefits were suitable for the personal consumption of the worker and his family or brought him some kind of benefit;
b) such extradition represented a fair and reasonable value.

Article 5

Wages shall be paid directly to the worker concerned, unless another method of payment is provided for by the laws of the country concerned, collective agreements or arbitration awards, or where there is the personal consent of the worker himself.

Article 6

Employers are forbidden in any way to constrain the workers in the free disposal of their wages.

Article 7

1. Where there are shops in enterprises for selling basic necessities to workers or other types of services associated with the enterprise, the workers of the enterprise will not be forced to use such shops or other services.
2. When access to other shops or services is not possible, appropriate measures shall be taken by the competent authority to ensure that workers are given the opportunity to purchase goods or services at prices that are fair and affordable to them, or that the shops opened by the enterprise or the services provided to them carry out their functions not for the purpose of obtaining a profit by the enterprise, but in the interests of the workers employed in it.

Article 8

1. Deductions from wages are permitted only under conditions and in amounts determined by the laws of the country concerned or established by collective agreements or arbitration awards.
2. Workers shall be advised, in the manner most appropriate to the discretion of the competent authorities, under what conditions and to what extent such deductions may be made.

Article 9

Any deductions from wages made by a worker to the employer or his representative or any intermediary (for example, a contractor or recruiter) for the purpose, by direct or indirect remuneration, of obtaining or retaining a job are prohibited.

Article 10

1. Wages may be seized or assigned only in the form and within the limits prescribed by national law.
2. Wages shall be protected from seizure and cession to the extent considered necessary to ensure the maintenance of the worker and his family.

Article 11

1. In the event of bankruptcy or liquidation of an enterprise, the workers employed in that enterprise shall enjoy the position of preferred creditors either in respect of the wages due to them for services rendered during the period preceding the bankruptcy or liquidation, as determined by national law, or in respect of wages, the amount of which does not exceed the amount prescribed by national law.
2. The wages constituting this preferred credit are due in full before ordinary creditors can claim their share.
3. The sequence of repayment of a preferred payroll loan in relation to other types of preferred credit is determined by national legislation.

Article 12

1. Wages are paid regularly. Except where other appropriate means exist to ensure that it is paid at regular intervals, the terms for payment of wages shall be established by the laws of the country concerned or determined by collective agreements or arbitration awards.
2. Upon termination of the employment contract, final settlement of all wages due shall be made in accordance with the law of that country, collective agreement or arbitration award or, in the absence of such law, agreement or award, within a reasonable period of time, depending on terms of the contract.

Article 13

1. The payment of wages, when made in money, must take place only on working days and at or near the place of work, unless national law, collective agreement or arbitration award otherwise provides, or unless other means known to the workers are no longer recognized. expedient.
2. It is forbidden to pay wages in taverns or other similar establishments, and, if necessary to prevent abuse, in retail stores and places of entertainment, except in cases where wages are paid to persons working in such establishments.

Article 14

Where necessary, effective measures shall be taken to ensure that workers are notified in an appropriate and easily accessible form of:
(a) Before they take up employment, and when there are any changes, the wage conditions under which they are employed;
b) at each payroll payment, on various constituent parts their wages for a given period, as they may be subject to change.

Article 15

Legislation giving effect to the provisions of this Convention:
a) communicated to the persons concerned;
b) determines the persons responsible for its observance;
c) prescribe appropriate penalties or other appropriate measures in case of its violation;
d) ensure, in all relevant cases, that proper records are made in the prescribed form and manner.

Article 16

The annual reports submitted under Article 22 of the Constitution of the International Labor Organization shall give full details of the measures taken to give effect to the provisions of this Convention.

Article 17

1. Where there are large areas in the territory of a Member where, owing 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, that authority may, after consultation with the organizations of employers and workers concerned, where they exist, remove such areas covered by the Convention, either in its entirety or with such exemptions for certain undertakings or professions as it considers appropriate to make.
2. Each Member of the Organization, in its first annual report on the application of this Convention, submitted in accordance with Article 22 of the Constitution of the International Labor 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 may invoke the provisions of this Article except in respect of the areas so designated by it.
3. Each Member applying the provisions of this Article shall review, at least every three years, and in consultation with the organizations of employers and workers concerned, where they exist, the possibility of extending this Convention to areas excluded from its application in force .
4. Each Member which invokes the provisions of this article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to benefit from the said provisions, as well as all measures which it has taken with a view to gradually extending the scope of this Convention to such areas. .

Article 18

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 19

1. This Convention shall bind only those Members of the International Labor Organization whose instruments of ratification have been registered by the Director General.
2. It shall enter into force twelve months after the Director General has registered the instruments of ratification of two Members of the Organization.
3. Subsequently, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 20

1. Applications addressed to the Director General of the International Labor Office in accordance with the provisions of Article 35, paragraph 2, of the Constitution of the International Labor Organization shall contain directions as to:
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 mutatis mutandis, and the details of those modifications;
c) the territories in which the Convention will not apply, and in such a case, the reasons why it will not apply;
d) the territories in respect of which he reserves his decision pending further consideration of the situation.
2. Obligations referred to in subparagraphs a) and b) 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) of this article.
4. Any Member of the Organization may, during the periods during which this Convention may be denounced in accordance with the provisions of , address to the Director General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the existing situation in certain territories.

Article 21

1. Declarations made to the Director General of the International Labor Office under the provisions of paragraphs 4 and 5 of Article 35 of the Constitution of the International Labor Organization indicate whether the provisions of this Convention shall apply to the territory in question, with or without modification; if the declaration indicates that the provisions of the Convention will apply subject to modification, it shall specify what those modifications are.
2. The Member or Members of the Organization concerned or an international authority may, by a new declaration, waive wholly or partly the right to use the modifications stipulated in any previous declaration.
3. The Member or Members of the Organization concerned, or an international authority, at periods when the Convention may be denounced in accordance with the provisions of Article 22 of this Convention, may communicate to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and reporting the status quo with regard to application of this Convention.

Article 22

1. Any Member which has ratified this Convention may, after a period of ten years from its original entry into force, denounce it by an act of denunciation addressed to and registered by the Director General of the International Labor Office. The denunciation takes effect one year after the registration of the act of denunciation.
2. Each Member which has ratified this Convention and which, within one year after the expiration of the period of ten years referred to in the preceding paragraph, does not exercise its right of denunciation provided for in this Article, shall be bound for a further period of ten years and may thereafter denounce this Convention at the expiration of each ten years in the manner specified in this article.

Article 23

1. The Director General of the International Labor Office shall notify all Members of the International Labor Organization of the registration of all instruments of ratification, declarations and denunciations received by him from the Members of the Organization.
2. When 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 on which this Convention shall come into force.

Article 24

The Director General of the International Labor Office shall send 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 instruments of ratification, declarations and denunciations registered by him in accordance with the provisions of the preceding Articles.

Article 25

Whenever the Governing Body of the International Labor 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 complete or partial revision.

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 new revised convention shall automatically, notwithstanding the provisions of Article 22, immediately denounce this Convention, provided that the new revised convention has entered into force;
b) as from the date of entry into force of the new revised convention, this Convention is closed for ratification by its Members.
2. This Convention shall in any event remain in force in form and substance with respect to those Members of the Organization which have ratified it but have not ratified the new revised convention.

Article 27

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

In witness whereof, on August 18, 1949, we have affixed our signatures:

Conference Chairman
GILDHEIM MIRDDIN-EVANS

CEO
International Labor Office

DAVID MORS

The above text of the Convention is a true copy of the text certified by the signatures of the Chairman International Conference Labor and Director General of the International Labor Office.

Certifies the accuracy and completeness of the copy,

per General Director International Labor Office:

Guido Raimondi

Legal Advisor
International Labor Office

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

Department Director
legal support
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 true copy of Convention No. 95 concerning the protection of wages, done at Geneva on 1 July 1949.

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

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ILO conventions are also sources of labor law that are directly applicable in regulating labor relations. For example, in paragraph 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" a reference is made to paragraph 1 of Art. 1 of Convention No. 29 on forced or compulsory labour.

When regulating labor relations, ILO conventions ratified by our state are subject to application.

The following ILO conventions have been ratified so far:

1) Convention No. 10 on the minimum age for the admission of children to work in agriculture;

2) Convention No. 11 on the right of association and association of workers in agriculture;

3) Convention No. 13 on the use of whitewash in painting;

4) Convention No. 14 on weekly rest in industrial enterprises;

5) Convention No. 15 on the minimum age for admission of adolescents to work as coal loaders or stokers in the fleet;

6) Convention No. 16 on compulsory medical examination children and adolescents employed on board ships;

7) Convention No. 23 on the repatriation of seafarers;

8) Convention N 27 on the indication of the weight of heavy goods carried on ships;

9) Convention No. 29 on forced or compulsory labor;

10) Convention No. 32 on the Protection against Accidents of Workers Loading and Unloading Ships;

11) Convention N 45 on the employment of women in underground work in mines of any kind;

12) Convention No. 47 on the reduction of working hours to forty hours a week;

13) Convention No. 52 on annual holidays with pay;

14) Convention N 58 on the minimum age for admission of children to work at sea;

15) Convention N 59 on the minimum age for the admission of children to work in industry;

16) Convention N 60 on the age of admission of children to non-industrial work;

17) Convention N 69 on the issuance of certificates of qualification to ship cooks;

18) Convention No. 73 on Medical Examination of Seafarers;

19) Convention N 77 on the medical examination of children and adolescents in order to determine their suitability for work in industry;

20) Convention N 78 on the medical examination of children and adolescents in order to determine their suitability for work in industrial jobs;

21) Convention N 79 on the restriction of night work of children and adolescents in non-industrial work;

22) Convention No. 81 on labor inspection in industry and commerce;

23) Convention N 87 on freedom of association and protection of the right to organize;

24) Convention N 90 on night work of adolescents in industry;

25) Convention No. 92 on accommodation for crew on board ships;

26) Convention No. 95 on the protection of wages;

27) Convention N 98 on the application of the principles of the right to organize and to conduct collective bargaining;

28) Convention N 100 on Equal Remuneration for Men and Women for Work of Equal Value;

29) Convention N 103 on the protection of motherhood;

30) Convention No. 105 on the abolition of forced labor;

31) Convention No. 106 on Weekly Rest in Commerce and Offices;

32) Convention No. 103 on national identity cards for seafarers;

33) Convention No. 111 on Discrimination in Employment and Occupation;

34) Convention N 112 on the minimum age for the employment of seafarers;

35) Convention No. 113 on medical examination of fishermen;

36) Convention N 115 on the protection of workers from ionizing radiation;

37) Convention N 119 on the supply of machines with protective devices;

38) Convention N 120 on hygiene in trade and industry;

39) Convention No. 122 on employment policy;

40) Convention N 123 on the minimum age of admission to underground work in mines and mines;

41) Convention N 124 on medical examination of young people in order to determine their suitability for work in underground work in mines and mines;

42) Convention No. 126 on accommodation for crew on board fishing vessels;

43) Convention No. 133 on accommodation for crew on board ships;

44) Convention N 134 on the prevention of industrial accidents among seafarers;

45) Convention N 138 on the minimum age for employment;

46) Convention No. 142 on Vocational Guidance and vocational training in the field of human resources development;

47) Convention N 147 on minimum standards on merchant ships;

48) Convention N 148 on the protection of workers from occupational risks caused by air pollution, noise and vibration in the workplace;

49) Convention N 149 on the employment and conditions of work and life of nursing personnel;

50) Labor Administration Convention No. 150: role, functions and organization;

51) Convention No. 155 on occupational safety and health and the working environment;

52) Convention No. 159 on Vocational Rehabilitation and Employment of Persons with Disabilities;

53) Convention No. 160 on labor statistics; 54) Convention No. 156 on workers with family responsibilities;

55) Convention No. 116 on the partial revision of ILO conventions;

56) Convention N 162 on labor protection when using asbestos;

57) Convention No. 179 on the Recruitment and Placement of Seafarers;

59) Convention N 137 on the social consequences of new methods of cargo handling in ports;

60) Convention N 152 on safety and health at work in ports.

The standards of the listed ILO Conventions are subject to application in the regulation of labor relations. However, it should be remembered that they can only be applied to relations that arose after the entry into force of the Constitution of the Russian Federation, adopted on December 12, 1993. Until that moment, the provisions of the ILO conventions were not directly applied in the regulation of labor relations.

These provisions could only be applied after they had been incorporated into domestic law. Currently, on the basis of part 4 of Art. 15 of the Constitution of the Russian Federation, the rules of the ILO conventions should be directly applied in the regulation of relations included in the subject of labor law. This does not require the repetition of the provisions of ILO conventions in domestic law. Although, before the entry into force of the Constitution of the Russian Federation, only the provisions of the ILO conventions, which were reproduced in the norms of Russian legislation, can be applied.

Other provisions of the ILO conventions were not applied before the indicated date. For example, ILO Convention No. 47 on the reduction of working hours to forty hours a week (1935), ratified on June 4, 1956. However, until October 7, 1992, that is, before the entry into force of the changes made to the Labor Code of the Russian Federation on September 25, 1992, a working week of 41 hours was established in our state. In this regard, workers in the period from June 4, 1956 to October 7, 1992 worked in excess of the norm established by ILO Convention No. 47 on the reduction of working hours to forty hours a week, one hour a week. However, this revision did not contravene domestic law.

The norms of the ILO conventions at that time were not directly applied, therefore, the demands of employees for payment in an increased amount of hours worked in excess of the norm established by the Convention, that is, for recognition of their overtime work, are not subject to satisfaction.

However, after the adoption of the Constitution of the Russian Federation, the provisions of the ILO conventions are subject to direct application. In this connection, in the presence of contradictions between the rule included in the ILO convention and the provisions of domestic legislation, the norms of international legal regulation of labor are subject to application.

For example, currently, on the basis of domestic legislation, the labor of military personnel is used in civilian facilities. Although Art. 1 of the ILO Convention No. 105 on the Abolition of Forced Labor states that the state undertakes not to use forced or compulsory labor as a method of mobilizing and using labor for the needs of economic development.

A serviceman cannot refuse to perform the work entrusted to him by the command, since in the service he performs duties for which he did not voluntarily offer his services. Therefore, the use of persons undergoing military service to perform work at civilian facilities is the use of the labor of military personnel who did not offer their services voluntarily to perform duties related to the passage military service, as a method of using labor force for the needs of economic development.

There is a violation of the provisions of the said Convention, which has a higher legal force than domestic legislation, which allows the involvement of military personnel in civilian work. Moreover, in Part 2 of Art. 2 of the ILO Convention No. 29 on Forced or Compulsory Labor states that the labor of persons serving sentences under a court sentence cannot be placed at the disposal of private individuals, companies or societies.

This rule applies, by analogy, to the work of military personnel called up for military service, who must perform the duties of military service, and not create profit for private individuals. On the basis of the said ILO Conventions, persons illegally involved in forced labor may demand the restoration of the violated right, as well as compensation for the moral damage caused, since in this case their intangible right to freely dispose of their abilities to work is violated, and not to be involved in the performance of work, for the performance whom they did not volunteer their services.

Thus, the listed ratified ILO Conventions are subject to application in the regulation of labor relations, they are subject to application in cases where the norms of Russian legislation conflict with their provisions.

However, not only ratified ILO conventions are subject to application on the territory of the Russian Federation. The current ILO Declaration on Fundamental Principles and Rights at Work of 18 June 1998, published for official application ("Russian newspaper", December 16, 1998).

Paragraph 2 of the said Declaration states that all ILO member states, even if they have not ratified the relevant ILO conventions, have obligations arising from the very fact of their membership in the ILO to observe, promote the application and put into practice the principles relating to fundamental the rights that are the subject of these conventions.

Among these principles, the Declaration includes:

1) freedom of association and effective recognition of the right to collective bargaining;

2) the abolition of all forms of forced or compulsory labor;

3) effective prohibition of child labor; 4) non-admission of discrimination in the field of labor and occupations.

In this connection, it can be concluded that not only ratified ILO conventions, but also unratified ILO conventions, which contain rules that ensure the implementation of the listed principles, should be applied on the territory of the Russian Federation.

The following legally significant circumstances follow from the ILO Declaration on Fundamental Principles and Rights at Work, the presence of which entails the obligation for law enforcers to apply non-ratified ILO conventions.

Firstly, such a circumstance is the existence of an ILO convention that contains a certain rule of conduct.

Secondly, these circumstances include the presence of a direct connection between the rules of conduct in the convention and the implementation of the listed principles.

Thirdly, such a circumstance should be called a violation of the listed principles in the regulation of labor in connection with the failure to comply with the rules of conduct contained in the content of the unratified ILO convention.

Virtually every ILO convention contains provisions that aim to ensure the principle of non-discrimination in employment and occupation. In this connection, they can be applied in the regulation of labor relations. For example, ILO Termination of Employment Convention No. 158 applies, which puts the burden on the employer to prove that there is a legal basis for dismissal of employees, and also does not allow termination of employment due to temporary disability.

Obviously, the rules of this Convention are designed to prevent discrimination in the dismissal of employees, including on the basis of their temporary disability. The provisions of the ILO Convention N 173 on the Protection of Workers' Claims in the Event of the Insolvency of the Entrepreneur, which guarantee priority satisfaction of the claims of employees in the event of the insolvency of the employer in comparison with other privileged claims, in particular, in comparison with the requirements of the state and the social insurance system, are also subject to application.

The rules of this Convention are also designed to prevent discrimination of the rights of employees in comparison with other creditors of the employer in the event of his insolvency.

Thus, on the territory of the Russian Federation, the norms of not only ratified ILO conventions should be applied, but also the provisions of non-ratified ILO conventions that are aimed at implementing the fundamental principles and rights in the world of work, which are defined as such by the ILO Declaration on Fundamental Principles and Rights in the World of Work .

Textbook "Labor Law of Russia" Mironov V.I.

• labor law

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

The president
Republic of Kazakhstan N. NAZARBAYEV

CONVENTION 95
Convention on the protection of wages,
Geneva, 1 July 1949

authentic text

INTERNATIONAL LABOR CONFERENCE

Convention 95

Wage Protection Convention

The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office, and meeting on June 8, 1949, in its thirty-second session,
Having decided to adopt a series of proposals on the protection of wages, which is the seventh item on the agenda of the session, Having decided that these proposals should take the form of an international convention,
Adopts this first day of July in the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Protection of Wages Convention, 1949.

Article 1

For the purposes of this Convention, the term "wages" means, by whatever name or method of calculation, any remuneration or earnings, calculated in money and fixed by agreement or national law, which, by virtue of a written or oral contract of employment, is paid by an employer to a worker for work which either performed or to be performed, or for services that are either rendered or to be rendered.

Article 2

1. This Convention applies to all persons to whom wages are paid or due.
2. The competent authority may, after consultation with the employers' and workers' organizations concerned, where they exist and are directly concerned, exclude from the 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 it is not appropriate to apply to them all or some of the said provisions, and who are not engaged in manual work or are engaged in household or similar work.
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 Labor Organization, all categories of persons whom it intends to exclude from all or any of the 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 respect of the categories of persons indicated in the aforementioned manner.
4. Each Member which has indicated in its first annual report the categories of persons it intends to exclude from all or any of the provisions of this Convention shall, in its subsequent reports, indicate the categories of persons in respect of which it waives the right to avail itself of the provisions of paragraph 2 of this Convention. article, and reports on any measures taken by him with a view to applying the Convention to these categories of persons.

Article 3

1. Wages in money shall be paid exclusively in the currency of legal circulation in that country, and payment in the form of promissory notes, receipts, coupons, or in any other form purporting to correspond to the legal currency is prohibited.
2. The competent authority may authorize or prescribe the payment of wages by bank checks or postal orders if such form of payment is customary or necessary due to special circumstances or if a collective agreement or arbitration award so provides or, in the absence of such regulations, if the worker concerned agree to this.

Article 4

1. National laws, collective agreements and arbitration awards may permit partial payment of wages in kind in industries or professions where such payment is customary or desirable; payment of wages in the form of alcoholic beverages with a high alcohol content, as well as in the form of drugs harmful to the body, is not permitted under any circumstances.
2. Where partial payment of wages in kind is permitted, appropriate measures shall be taken to ensure that:
(a) such benefits were suitable for the personal consumption of the worker and his family or brought him some kind of benefit;
b) such extradition represented a fair and reasonable value.

Article 5

Wages shall be paid directly to the worker concerned, unless another method of payment is provided for by the laws of the country concerned, collective agreements or arbitration awards, or where there is the personal consent of the worker himself.

Article 6

Employers are forbidden in any way to constrain the workers in the free disposal of their wages.

Article 7

1. Where there are shops in enterprises for selling basic necessities to workers or other types of services associated with the enterprise, the workers of the enterprise will not be forced to use such shops or other services.
2. When access to other shops or services is not possible, appropriate measures shall be taken by the competent authority to ensure that workers are given the opportunity to purchase goods or services at prices that are fair and affordable to them, or that the shops opened by the enterprise or the services provided to them carry out their functions not for the purpose of obtaining a profit by the enterprise, but in the interests of the workers employed in it.

Article 8

1. Deductions from wages are permitted only under conditions and in amounts determined by the laws of the country concerned or established by collective agreements or arbitration awards.
2. Workers shall be advised, in the manner most appropriate to the discretion of the competent authorities, under what conditions and to what extent such deductions may be made.

Article 9

Any deductions from wages made by a worker to the employer or his representative or any intermediary (for example, a contractor or recruiter) for the purpose, by direct or indirect remuneration, of obtaining or retaining a job are prohibited.

Article 10

1. Wages may be seized or assigned only in the form and within the limits prescribed by national law.
2. Wages shall be protected from seizure and cession to the extent considered necessary to ensure the maintenance of the worker and his family.

Article 11

1. In the event of bankruptcy or liquidation of an enterprise, the workers employed in that enterprise shall enjoy the position of preferred creditors either in respect of the wages due to them for services rendered during the period preceding the bankruptcy or liquidation, as determined by national law, or in respect of wages, the amount of which does not exceed the amount prescribed by national law.
2. The wages constituting this preferred credit are due in full before ordinary creditors can claim their share.
3. The sequence of repayment of a preferred payroll loan in relation to other types of preferred credit is determined by national legislation.

Article 12

1. Wages are paid regularly. Except where other appropriate means exist to ensure that it is paid at regular intervals, the terms for payment of wages shall be established by the laws of the country concerned or determined by collective agreements or arbitration awards.
2. Upon termination of the employment contract, final settlement of all wages due shall be made in accordance with the law of that country, collective agreement or arbitration award or, in the absence of such law, agreement or award, within a reasonable period of time, depending on terms of the contract.

Article 13

1. The payment of wages, when made in money, must take place only on working days and at or near the place of work, unless national law, collective agreement or arbitration award otherwise provides, or unless other means known to the workers are no longer recognized. expedient.
2. It is forbidden to pay wages in taverns or other similar establishments, and, if necessary to prevent abuse, in retail stores and places of entertainment, except in cases where wages are paid to persons working in such establishments.

Article 14

Where necessary, effective measures shall be taken to ensure that workers are notified in an appropriate and easily accessible form of:
(a) Before they take up employment, and when there are any changes, the wage conditions under which they are employed;
b) at each payment of wages, the various components of their wages for a given period, insofar as they may be subject to change.

Article 15

Legislation giving effect to the provisions of this Convention:
a) communicated to the persons concerned;
b) determines the persons responsible for its observance;
c) prescribe appropriate penalties or other appropriate measures in case of its violation;
d) ensure, in all relevant cases, that proper records are made in the prescribed form and manner.

Article 16

The annual reports submitted under Article 22 of the Constitution of the International Labor Organization shall give full details of the measures taken to give effect to the provisions of this Convention.

Article 17

1. Where there are large areas in the territory of a Member where, owing 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, that authority may, after consultation with the organizations of employers and workers concerned, where they exist, remove such areas covered by the Convention, either in its entirety or with such exemptions for certain undertakings or professions as it considers appropriate to make.
2. Each Member of the Organization, in its first annual report on the application of this Convention, submitted in accordance with Article 22 of the Constitution of the International Labor 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 may invoke the provisions of this Article except in respect of the areas so designated by it.
3. Each Member applying the provisions of this Article shall review, at least every three years, and in consultation with the organizations of employers and workers concerned, where they exist, the possibility of extending this Convention to areas excluded from its application in the force of paragraph 1.
4. Each Member which invokes the provisions of this article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to benefit from the said provisions, as well as all measures which it has taken with a view to gradually extending the scope of this Convention to such areas. .

Article 18

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 19

1. This Convention shall bind only those Members of the International Labor Organization whose instruments of ratification have been registered by the Director General.
2. It shall enter into force twelve months after the Director General has registered the instruments of ratification of two Members of the Organization.
3. Subsequently, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 20

1. Applications addressed to the Director General of the International Labor Office in accordance with the provisions of Article 35, paragraph 2, of the Constitution of the International Labor Organization shall contain directions as to:
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 mutatis mutandis, and the details of those modifications;
c) the territories in which the Convention will not apply, and in such a case, the reasons why it will not apply;
d) the territories in respect of which he reserves his decision pending further consideration of the situation.
2. Obligations referred to in subparagraphs a) and b) 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 of the Organization may, during the periods during which this Convention may be denounced in accordance with the provisions of Article 22, communicate to the Director General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the existing situation in certain territories.

Article 21

1. Declarations made to the Director General of the International Labor Office under the provisions of paragraphs 4 and 5 of Article 35 of the Constitution of the International Labor Organization indicate whether the provisions of this Convention shall apply to the territory in question, with or without modification; if the declaration indicates that the provisions of the Convention will apply subject to modification, it shall specify what those modifications are.
2. The Member or Members of the Organization concerned or an international authority may, by a new declaration, waive wholly or partly the right to use the modifications stipulated in any previous declaration.
3. The Member or Members of the Organization concerned, or an international authority, at periods when the Convention may be denounced in accordance with the provisions of Article 22 of this Convention, may communicate to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and reporting the status quo with regard to application of this Convention.

Article 22

1. Any Member which has ratified this Convention may, after a period of ten years from its original entry into force, denounce it by an act of denunciation addressed to and registered by the Director General of the International Labor Office. The denunciation takes effect one year after the registration of the act of denunciation.
2. Each Member which has ratified this Convention and which, within one year after the expiration of the period of ten years referred to in the preceding paragraph, does not exercise its right of denunciation provided for in this Article, shall be bound for a further period of ten years and may thereafter denounce this Convention at the expiration of each ten years in the manner specified in this article.

Article 23

1. The Director General of the International Labor Office shall notify all Members of the International Labor Organization of the registration of all instruments of ratification, declarations and denunciations received by him from the Members of the Organization.
2. When 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 on which this Convention shall come into force.

Article 24

The Director General of the International Labor Office shall send 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 instruments of ratification, declarations and denunciations registered by him in accordance with the provisions of the preceding Articles.

Article 25

Whenever the Governing Body of the International Labor 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 complete or partial revision.

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 new revised convention shall automatically, notwithstanding the provisions of Article 22, immediately denounce this Convention, provided that the new revised convention has entered into force;
b) as from the date of entry into force of the new revised convention, this Convention is closed for ratification by its Members.
2. This Convention shall in any event remain in force in form and substance with respect to those Members of the Organization which have ratified it but have not ratified the new revised convention.

Article 27

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

In witness whereof, on August 18, 1949, we have affixed our signatures:

Conference Chairman
GILDHEIM MIRDDIN-EVANS

CEO
International Labor Office

DAVID MORS

The above text of the Convention is a true copy of the text certified by the signatures of the President of the International Labor Conference and the Director General of the International Labor Office.

Certifies the accuracy and completeness of the copy,

for the Director General of the International Labor Office:

Guido Raimondi

Legal Advisor
International Labor Office

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

Department Director
legal support
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 true copy of Convention No. 95 concerning the protection of wages, done at Geneva on 1 July 1949.

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