CONVENTION (NO. 95) CONCERNING THE PROTECTION OF WAGES

Note: The Convention was concurred in by the Senate, S.R.
No. 140, May 21, 1953. The Philippine instrument of ratification was
signed by the President, October 28, 1953 and was deposited with the
Director-General of the ILO, December 29, 1953. The convention entered
into force, September 24, 1952, and with respect to the Philippines,
December 29, 1954.

Reference: This Convention is also published in 138 .UNTS, p. 225.

The General Conference of the International Labor Organization,

Having been convened at Geneva by the Governing Body
of the International Labor Office, and having met in its Thirty-second
Session on 8 June 1949, and

Having decided upon the adoption of certain proposals
concerning the protection of wages, which is the seventh item on
the agenda of the session, and

Having determined that these proposals shall 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:

ARTICLE 1

In this Convention, the term “wages” means remuneration or
earnings, however designated or calculated, capable of being expressed
in terms of money and fixed by mutual agreement or by national laws or
regulations, which are payable in virtue of a written or unwritten
contract of employment by an employer to an employed person for work
done or to be done or for services rendered or to be rendered.

ARTICLE 2

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

2. The competent authority may, after consultation with the
organizations of employers and employed persons directly concerned,
if such exist, exclude from the application of all or any of the
provisions of the Convention categories of persons whose circumstances
and conditions of employment are such that the application to
them of all or any of the said provisions would be inappropriate and who
are not employed in manual labor or are employed in domestic service
or work similar thereto.

3. Each Member shall indicate in its first annual report upon
the application of this Convention submitted under Article 22 of the
Constitution of the International Labor Organization any categories
of persons which it proposes to exclude from the application of all or
any of the provisions of the Convention in accordance with the
provisions of the preceding paragraph; no Member shall, after the date
of its first annual report, make exclusions except in respect of
categories of persons so indicated.

4. Each Member having indicated in its first annual report
categories of persons which it proposes to exclude from the
application of all or any of the provisions of the Convention shall
indicate in subsequent annual reports any categories of persons in
respect of which it renounces the right to have recourse to the
provisions of paragraph 2 of this Article and any progress which may
have been made with a view to the application of the Convention to
such categories of persons.

ARTICLE 3

1. Wages payable in money shall be paid only in legal tender,
and payment in the form of promissory notes, vouchers or coupons, or in
any other form alleged to represent legal tender, shall be prohibited.

2. The competent authority may permit or prescribe the payment
of wages by bank cheque or postal cheque or money order in cases
in which payment in this manner is customary or is necessary because
of special circumstances, or where a collective agreement or
arbitration award so provides, or, where not so provided, with the
consent of the worker concerned.

ARTICLE 4

1. National laws or regulations, collective agreements or
arbitration awards may authorize the partial payment of wages in the
form of allowances in kind in industries or occupations in which
payment in the form of such allowances is customary or desirable
because of the nature of the industry or occupation concerned; the
payment of wages in the form of liquor of high alcoholic content or
obnoxious drugs shall not be permitted in any circumstances.

2. In cases in which partial payment of wages in the form of
allowances in kind is authorized, appropriate measures shall be taken
to ensure that—

(a) such allowances are appropriate for the personal use and benefit of the worker and his family; and

(b) the value attributed to such allowances is fair and reasonable.

ARTICLE 5

Wages shall be paid directly to the worker concerned except
as may be otherwise provided by national laws or regulations,
collective agreement or arbitration award or where the worker concerned
has agreed to the contrary.

ARTICLE 6

Employers shall be prohibited from limiting in any manner the freedom of the worker to dispose of his wages.

ARTICLE 7

1. Where works stores for the sale of commodities to the
workers are established or services are operated in connection with an
undertaking, the workers concerned shall be free from any coercion to
make use of such stores or services.

2. Where access, to other stores or services is not possible,
the competent authority shall take appropriate measures with the object
of ensuring that goods are sold and services provided at fair and
reasonable prices, or that stores established and services operated by
the employer are not operated for the purpose of securing a profit
but for the benefit of the workers concerned.

ARTICLE 8

1. Deductions from wages shall be permitted only under
conditions and to the extent prescribed by national laws or
regulations or fixed by collective agreement or arbitration award.

2. Workers shall be informed, in the manner deemed most
appropriate by the competent authority, of the conditions under which
and the extent to which such deductions may be made.

ARTICLE 9

Any deduction from wages with a view to ensuring a direct or
indirect payment for the purpose of obtaining or retaining employment,
made by a worker to an employer or his representative or to any
intermediary (such as a labor contractor or recruiter), shall be
prohibited.

ARTICLE 10

1. Wages may be attached or assigned only in a manner and within limits prescribed by national laws or regulations.

2. Wages shall be protected against attachment or assignment
to the extent deemed necessary for the maintenance of the worker and
his family.

ARTICLE 11

1. In the event of the bankruptcy or judicial liquidation of
an undertaking, the workers employed therein shall be treated as
privileged creditors either as regards wages due to them for service
rendered during such a period prior to the bankruptcy or judicial
liquidation as may be prescribed by national laws or regulations, or
as regards wages up to a prescribed amount as may be determined by
national laws or regulations.

2. Wages constituting a privileged debt shall be paid in
full before ordinary creditors may establish any claim to a share of
the assets.

3. The relative priority of wages constituting a privileged
debt and other privileged debts shall be determined by national laws
or regulations.

ARTICLE 12

1. Wages shall be paid regularly. Except where other
appropriate arrangements exist which ensure the payment of wages at
regular intervals, the intervals for the payment of wages shall be
prescribed by national laws or regulations or fixed by collective
agreement or arbitration award.

2. Upon the termination of contract of employment, a
final settlement of all wages due shall be effected in accordance with
national laws or regulations, collective agreement or arbitration
award or, in the absence of any applicable law, regulation, agreement
or award, within a reasonable period of time having regard to the
terms of the contract.

ARTICLE 13

1. The payment of wages where made in cash shall be made on
working days only and at or near the workplace, except as may be
otherwise provided by national laws or regulations, collective
agreement or arbitration award, or where other arrangements known to
the workers concerned are considered more appropriate.

2. Payment of wages in taverns or other similar establishments
and, where necessary to prevent abuse, in shops or stores for the
retail sale of merchandise and in places of amusement shall be
prohibited except in the case of persons employed therein.

ARTICLE 14

Where necessary, effective measures shall be taken to ensure
that workers are informed, in an appropriate and easily understandable
manner—

(a) before they enter employment and when any changes take
place, of the conditions in respect of wages under which they are
employed; and

(b) at the time of each payment of wages, of the particulars
of their wages for the period concerned, in so far as such particulars
may be subject to change.

ARTICLE 15

The laws or regulations giving effect to the provisions of this Convention shall—

(a) be made available for the information of persons concerned;

(b) define the persons responsible for compliance therewith;

(c) prescribe adequate penalties or other appropriate remedies for any violation thereof;

(d) provide for the maintenance, in all appropriate cases, of adequate records in an approved form and manner.

ARTICLE 16

There shall be included in the annual reports to be submitted
under Article 22 of the Constitution of the International Labor
Organization full information concerning the measures by which
effect is given to the provisions of this Convention.

ARTICLE 17

1. In the case of a Member the territory of which includes
large areas where, by reason of the sparseness of the population or
the stage of development of the area, the competent authority considers
it impracticable to enforce the provisions of this Convention, the
authority may, after consultation with the organizations of employers
and workers concerned, where such exist, exempt such areas from the
application of this Convention either generally or with such
exceptions in respect of particular undertakings or occupations as it
thinks fit.

2. Each Member shall indicate in its first annual report
upon the application of this Convention submitted under Article 22 of
the Constitution of the International Labor Organization any areas
in respect of which it proposes to have recourse to the provisions of
the present Article and shall give the reasons for which it proposes
to have recourse thereto; no Member shall, after the date of its
first annual report, have recourse to the provisions of the present
Article except in respect of areas so indicated.

3. Each Member having recourse to the provisions of this
Article shall al intervals not exceeding three years, reconsider in
consultation with the organizations of employers and workers
concerned, where such exist, the practicability of extending the
application of the Convention to areas exempted in virtue or
paragraph 1.

4. Each Member having recourse to the provisions of this
Article shall indicate in subsequent annual reports any areas in
respect of which it renounces the right to have recourse to the
provisions o£ this Article and any progress which may have been
made with a view to the progressive application of the Convention in
such areas.

ARTICLE 18

The formal ratifications of this Convention shall be
communicated to the Director-General of the International Labor Office
for registration.

ARTICLE 19

1. This Convention shall be binding only upon those Members of
the International Labor Organization whose ratifications have been
registered with the Director-General.

2. It shall come into force twelve months after the date
on which the ratifications of two Members have been registered with
the Director-General.

3. Thereafter, this Convention shall come into force for any
Member twelve months after the date on which its ratification has been
registered.

ARTICLE 20

1. Declarations communicated 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 shall
indicate—

(a) the territories in respect of which the Member
concerned undertakes that the provisions of the Convention shall be
applied without modification;

(b) the territories in respect of which it undertakes that
the provisions of the Convention shall be applied subject to
modifications, together with details of the said modifications;

(c) the territories in respect of which the Convention is
inapplicable and in such cases the grounds on which it is inapplicable;

(d) the territories in respect of which it reserves its decision pending further consideration of the position.

2. The undertakings referred to in subparagraphs (a) and
(b) of paragraph 1 of this Article shall be deemed to be an integral
part of the ratification and shall have the force of ratification.

3. Any Member may at any time by a subsequent declaration
cancel in whole or in part any reservation made in its original
declaration in virtue of subparagraphs (b), (c) or (d) of paragraph 1
of this Article.

4. Any Member may, at any time at which the Convention is
subject to denunciation in accordance with the provisions of Article
22, communicate to the Director-General a declaration modifying in any
other respect the terms of any former declaration and stating the
present position in respect of such territories as it may specify.

ARTICLE 21

1. Declarations communicated to the Director-General of the
International Labor Office in accordance with paragraphs 4 or 5 of
Article 35 of the Constitution of the International Labor
Organization shall indicate whether the provisions of the Convention
will be applied in the territory concerned without modification
or subject to modifications, when the declaration indicates that the
provisions of the Convention will be applied subject to
modifications, it shall give details of the said modifications.

2. The Member, Members or international authority concerned
may at any time by a subsequent declaration renounce in whole or
in part the right to have recourse to any modification indicated in
any former declaration.

3. The Member, Members or international authority concerned
may, at any time at which this Convention is subject to denunciation
in accordance with the provisions of Article 22, communicate to the
Director-General a declaration modifying in any other respect the
terms of any former declaration and stating the present position in
respect of the application of the Convention.

ARTICLE 22

1. A Member which has ratified this Convention may denounce it
after the expiration of ten years from the date on which the
Convention first comes into force, by an act communicated to the
Director-General of the International Labor Office for registration.
Such denunciation shall not take effect until one year after the date
on which it is registered.

2. Each Member which has ratified this Convention and which does
not, within the year following the expiration of the period
of ten years mentioned in the preceding paragraph, exercise the right
of denunciation provided for in this Article, will be bound for
another period of ten years and, thereafter, may denounce this
Convention at the expiration of each period of ten years under the
terms provided for 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 ratifications, 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 ratification communicated to him, the
Director-General shall draw the attention of the Members of the
Organization to the date upon 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 particulars of all ratifications, declarations and
acts of denunciation 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 coming
into force of this Convention, the Governing Body of the
International Labor Office shall present to the General Conference a
report on the working of this Convention and shall consider the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.

ARTICLE 26

1. Should the Conference adopt a new Convention revising
this Convention in whole or in part, then, unless the new Convention
otherwise provides—

(a) the ratification by a Member of the new revising
Convention shall ipso jure involve the immediate denunciation of this
Convention, notwithstanding the provisions of Article 22 above, if
and when the new revising Convention shall have come into force;

(b) as from the date when the new revising Convention comes
into force this Convention shall cease to be open to ratification by
the Members.

2. This Convention shall in any case remain in force in its
actual form and content for those Members which have ratified it but
have not ratified the revising Convention.

ARTICLE 27

The English and French versions of the text of this Convention are equally authoritative.

The foregoing is the authentic text of the Convention duly
adopted by the General Conference of the International Labor
Organization during its Thirty-second Session which was held at
Geneva and declared closed the second day of July 1949.

IN FAITH WHEREOF we have appended our signatures this eighteenth day of August 1949.

	The President of the Conference:
		GUILDHAUME MYRDDIN-EVANS
	The Director-General of the International Labor Office:
		DAVID A. MORSE

Parties to the Convention as of December 31, 1965:

Afghanistan	Guatemala
Algeria	Guinea
Argentina	Guyana
Austria	Honduras
Botswana	Hungary
Brazil	Iraq
Bulgaria	Israel
Byelorussian Soviet Socialist Republic	Italy
Cameroon	Ivory Coast
Central African Republic	Libya
Chad	Malagasy Republic
China	Malaysia
Colombia	Mali
Congo (Brazzaville)	Malta
Costa Rica	Mauritania
Cuba	Mexico
Cyprus	Netherlands
Dahomey	Niger
Ecuador	Norway
France	Paraguay
Gabon	Philippines
Greece	Turkey
Poland	Uganda
Senegal	Ukrainian Soviet Socialist Republic
Sierra Leone	Union of Soviet Socialist Republics
Somali	United Arab Republic
Spain	United Kingdom
Syrian	Upper Volta
Arab Republic	Uruguay
Tanzania
Togo
Tunisia