Chapter V. Minimum wage enforcement measures
342. Throughout the preparatory work on the instruments being examined here
and the discussions at the Conference which led to their adoption, the need
was repeatedly expressed for establishing the necessary measures to ensure the
effective application of the provisions respecting minimum wages. (Endnote 1)
During the preparatory work on Convention No. 26 it was pointed out that it
was clearly impossible to specify for the different countries what constitutes
"adequate and appropriate enforcement measures in the terms of the
instrument". However, it was pointed out that there would appear to be three
essential elements: (a) information to workers and employers on the minimum
rates fixed; (b) the establishment of effective forms of sanctions to remedy
and prevent infringements of the rates laid down; and (c) the establishment of
appropriate supervision of what actually takes place in the trade concerned.
(Endnote 2) These basic ideas would be developed and extended to cover all the
possible aspects of these measures with a view to ensuring compliance with the
standards respecting minimum wages and guaranteeing the effective payment of
the rates fixed.
343. These instruments thus referred to problems related to the measures to be
adopted to ensure that the parties concerned are informed about minimum wages,
supervisory machinery and the establishment of sanctions in the event of
infringements, the establishment of appropriate procedures to enable workers
to recover the sums due to them in respect of the minimum wage, as well as the
form of payment of such wages. The Committee will refer to each of these
points in the following paragraphs.
1. Form of payment of minimum wages
344. Article 2(1) of Convention No. 99 makes provision for the partial payment
of minimum wages in the form of allowances in kind "in cases in which payment
in the form of such allowances is customary or desirable". The same Article
stipulates in paragraph 2 that in cases in which partial payment of minimum
wages in the form of allowances in kind is authorised, appropriate measures
shall be taken to ensure that such allowances are appropriate for the personal
use and benefit of the worker and his family, and that the value attributed to
such allowances is fair and reasonable. This provision incorporated the
practice which had been noted in the preparatory report (Endnote 3) and was in
line with the provisions of Article 4 of the Protection of Wages Convention,
1949 (No. 95), adopted at the session that took place the year before the
preparatory work was begun on Convention No. 99.
345. Although the Office's initial proposal to include a provision of this
kind in Convention No. 99 was based on the fact that such practice had been
repeatedly observed in different countries, this did not prevent discussion of
this point at the Conference, where the Workers' group expressed its intention
of establishing a provision prohibiting this form of payment of minimum wages.
A number of members of the Committee expressed their concern at the adoption
of a provision of this kind. A consensus was finally achieved at the end of
the discussion. (Endnote 4)
346. When this matter was discussed by the Meeting of Experts in 1967, the
view was expressed that the ideal solution would be to prohibit the partial
payment of minimum wages in kind. However, with account being taken of
existing practices and the provisions of Conventions Nos. 95 and 99, the new
instrument should contain a provision establishing the partial payment of
minimum wages in kind, including a provision requiring the approval by the
competent authority for its valuation and for fixing of the maximum percentage
of the wage that may be paid in kind. (Endnote 5) On the basis of this
recommendation, the preparatory report by the Office took this into account
and raised a number of questions. (Endnote 6)
347. Once again during the Conference this point, contained in the proposed
instrument which was to become Convention No. 131, was the subject of long
discussions. Given the existence of Article 2 of Convention No. 99, which
included a provision regulating the payment of minimum wages in kind and a
similar provision in Convention No. 95, regarding wages in general, it was
considered that the deletion of this question from the proposed Convention
under discussion would leave the matter to be dealt with in the legislation of
countries which ratified it. The Conference Committee therefore proposed the
deletion of this point from the proposed instrument under discussion. (Endnote
7) The matter was once again the subject of discussion in the plenary of the
Conference, (Endnote 8) but the deletion of this point was maintained when the
proposed text was discussed again and Convention No. 131 adopted.
348. The matter thus remained regulated by Article 4 of Convention No. 95 and
Article 2 of Convention No. 99. In addition, Article 11, paragraph 2, of the
Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) provides
that wages shall normally be paid in legal tender only. It also states that
where food, housing, clothing and other essential supplies and services form
part of remuneration, all practical steps shall be taken by the competent
authority to ensure that they are adequate and their cash value properly
assessed. (Endnote 9)
350. In other cases, although provision is made in the legislation for wages
to be paid in cash, some provisions of the law suggest that in the end wages
will also be partly paid in kind, as is the case in Australia in New South
Wales, (Endnote 24) the Bahamas, (Endnote 25) Bangladesh, (Endnote 26) Benin,
(Endnote 27) Bulgaria, (Endnote 28) Burundi, (Endnote 29) Cameroon, (Endnote
30) Central African Republic, (Endnote 31) Côte d' Ivoire, (Endnote 32)
Djibouti, (Endnote 33) Dominican Republic, (Endnote 34) Gabon, (Endnote 35)
Ghana, (Endnote 36) Guinea, (Endnote 37) Guyana, (Endnote 38) Honduras,
(Endnote 39) Italy, (Endnote 40) Japan, (Endnote 41) Mauritania, (Endnote 42)
Nicaragua, (Endnote 43) Romania, (Endnote 44) Spain, (Endnote 45) Sudan,
(Endnote 46) Turkey, (Endnote 47) and in the United States, federal
legislation stipulates that what a worker receives in respect of board and
lodging and other facilities from the employer may be considered as part of
the wage. However, such benefits shall not be included as part of the wage
when collective agreements so provide. (Endnote 48) The legislation of some
states of the Union contains similar provisions.
351. Mention should be made of the countries in which, as noted above, wages
are mainly fixed by means of collective agreements. In these countries the
legislation may contain provisions concerning the partial payment of the wage
in kind. (Endnote 49) In Greece, according to information provided by the
Government, in practice wages of workers in agriculture include, apart from
cash, other benefits, such as food or accommodation, accounting for between 10
and 15 per cent of the wage.
352. The legislation of other countries makes express provision for minimum
wages to be paid in cash. This is the case in Argentina; (Endnote 50)
Equatorial Guinea; (Endnote 51) India; (Endnote 52) Islamic Republic of Iran;
(Endnote 53) Mexico (Endnote 54) and Panama. (Endnote 55) In some cases no
provisions have been adopted, although according to information from the
governments, the minimum wage may not be paid in kind, as in Algeria and
Yugoslavia.
354. In general, the payment in king of the minimum wage would not appear to
give rise to major problems, and in any case the protection of workers against
possible abuse should be ensured through the existence of an effective system
for the enforcement of minimum wages and an effective inspection service to
guarantee compliance with the provisions regulating minimum wages, in
particular, and wages in general.
2. Dissemination of information on minimum wage rates
355. Recommendation No. 30 provides that States should adopt measures designed
to inform employers and workers of the minimum wage rates in force. (Endnote
96) The Recommendation recognises that workers generally have fewer means than
employers of informing themselves, and thus provides that in order that
workers may be kept informed of the minimum rates at which they are to be
paid, employers might be required to display full statements of the rates in
force in readily accessible positions on the premises where the workers are
employed; and in the case of homeworkers, on the premises where the work is
given out or returned on completion, or where wages are paid.
356. This provision in the Recommendation was taken up in Article 4 of
Convention No. 99 which establishes that ratifying States shall take the
necessary measures to ensure that the employers and workers concerned are
informed of the minimum rates of wages in force. This provision is extended
and made more specific in Recommendation No. 89, which establishes that for
effectively protecting the wages of the workers concerned, the measures to be
taken to ensure that wages are not paid at less than the minimum rates fixed
should include arrangements for giving publicity to the minimum wage rates in
force, and in particular for informing the employers and workers concerned of
these rates in the manner most appropriate to national circumstances. (Endnote
97)
357. Recommendation No. 135, referring to the enforcement measures provided
for generally in Article 5 of Convention No. 131, states that publicity should
be given to the provisions respecting minimum wages, adapted where necessary
to the needs of illiterate persons or in languages or dialects understood by
workers who need protection.
359. It should be noted in this connection that for practical reasons the
publication of minimum wage rates in the official gazette is not by itself
sufficient to ensure that the employers and workers concerned are made aware
of the rates in force. Thus it is interesting to note the practice adopted in
some countries where, in addition to publication in the official gazette,
rates are also publicised elsewhere. This is the case in many countries:
Bangladesh; (Endnote 146) Brazil; (Endnote 147) Canada, in the Provinces of
British Columbia, Nova Scotia, Ontario, Quebec and Saskatchewan; (Endnote 148)
Côte d'Ivoire; (Endnote 149) Dominican Republic; (Endnote 150) Ecuador;
(Endnote 151) Fiji; (Endnote 152) France; (Endnote 153) Germany; (Endnote 154)
Guatemala; (Endnote 155) Guyana; (Endnote 156) Honduras; (Endnote 157) Islamic
Republic of Iran; (Endnote 158) Kenya; (Endnote 159) Mexico; (Endnote 160)
Myanmar; (Endnote 161) Nepal; (Endnote 162) New Zealand; (Endnote 163)
Nicaragua; (Endnote 164) Poland; (Endnote 165) Sri Lanka; (Endnote 166) in the
United States, at the federal level, according to the information
communicated, the Government ensures that sufficient publicity is given to the
provisions of the Fair Labor Standards Act, as well as other texts, through
the publication of brochures, and requires that employers display in a
suitable place the posters provided by the Department of Labor explaining the
provisions of the Act; in the District of Columbia the law provides for the
publication of minimum wage rates in the local newspapers. (Endnote 167)
360. In other cases, according to the information provided, States have made
provision in their legislation for giving publicity to the minimum wage rates
or, in general, the provisions applicable to conditions of employment,
including minimum wages, by making it obligatory for employers to place
notices in the places where wages are paid or in workplaces or even printing
and distributing the applicable regulations concerning conditions of
employment, including minimum wages. Such is the case in: Algeria; (Endnote
168) Australia, Queensland; (Endnote 169) Austria; (Endnote 170) in the
Bahamas, the legislation (Endnote 171) provides that the employer must post in
a visible place a copy of the standards respecting minimum wages, failing
which the sanctions contained in the same provision shall be applied. Similar
provisions are contained in the legislation of Bangladesh; (Endnote 172)
Barbados; (Endnote 173) Benin; (Endnote 174) Botswana; (Endnote 175) Burundi;
(Endnote 176) Cameroon; (Endnote 177) in Canada, at the federal level,
(Endnote 178) and in some provinces; (Endnote 179) Central African Republic;
(Endnote 180) Ecuador; (Endnote 181) Fiji; (Endnote 182) France; (Endnote 183)
Gabon; (Endnote 184) Germany; (Endnote 185) Guinea; (Endnote 186) Guyana;
(Endnote 187) Honduras; (Endnote 188) India; (Endnote 189) Japan; (Endnote
190) Kenya; (Endnote 191) Lesotho; (Endnote 192) Malawi; (Endnote 193) Malta;
(Endnote 194) Myanmar; (Endnote 195) Peru (Endnote 196) Rwanda; (Endnote 197)
Sri Lanka; (Endnote 198) Swaziland; (Endnote 199) Uganda; (Endnote 200) and
United Kingdom. (Endnote 201) In the United States, at the federal level, the
responsible authority may ask the employer to put up posters in a suitable
place, although there appears to be no obligatory provision in this respect.
In some States of the Union, such provisions have been established (Endnote
202);
361. Finally, some States have reported that in addition to the publication of
minimum wage rates in the official gazettes, employers must also inform
workers in some other manner of the minimum wages applicable to them, for
example in France, as regards collective agreements, employers must have a
copy of the applicable text and include a mention of the title of the
agreement applicable to workers on their payslips; in the Netherlands,
according to the information provided by the Government, the employer must
indicate the minimum wage applicable to workers on their payslips; (Endnote
203) in Suriname legislation (Endnote 204) stipulates that the association
which concludes a collective agreement shall take measures to ensure that the
text is communicated as soon as possible to all the members concerned; in
Turkey, in accordance with the information provided by the Government, and in
application of the legislation, employers must include in the payslip the
minimum applicable wage rates.
3. Supervision of the enforcement of minimum wages
362. Each of the Conventions under study contains provisions respecting the
measures which States must take with a view to the establishment of systems
for the enforcement of minimum wages. Convention No. 26 speaks in general
terms of this obligation, (Endnote 205) whereas Conventions Nos. 99 and 131
indicate expressly that States must establish control through an inspection
system (Endnote 206) with a view to ensuring the effective application of the
provisions respecting minimum wages.
363. The supplementary Recommendations extended the provisions of the
Conventions and stressed the need to have a sufficient number of inspectors,
with the power to carry out effectively the inspection and monitoring of the
application of the provisions concerning minimum wages. (Endnote 207) The
first two Recommendations specify in some detail the functions to be carried
out by the inspectors (to make investigations with a view to ascertaining
whether the minimum rates in force are in fact being paid, to impose the
necessary measures or sanctions in the event of infringements) as well as the
obligations which could be assigned to employers as a means of enabling the
inspectors to carry out their duties adequately (keeping a list of wages paid
and providing workers where necessary with wage books). (Endnote 208)
364. In this connection it should be remembered that under Article 3,
paragraph 1(a), of the Labour Inspection Convention, 1947 (No. 81), and
Article 6, paragraph 1(a), of the Labour Inspection (Agriculture) Convention,
1969 (No. 129), the labour inspection system is responsible in particular for
ensuring the application of the legal provisions respecting wages.
367. In some cases there is a special body of inspectors responsible for the
enforcement of the provisions of labour legislation in general and in
particular the provisions respecting minimum wages in certain sectors, for
example homework, (Endnote 313) agriculture, (Endnote 314) or the maritime
sector (Endnote 315)
368. A special case is that of some States which stipulate that enforcement of
the provisions on conditions of employment, including wages, is the direct
responsibility of the courts. This is the case in Australia, in the province
of New South Wales, where magistrates may order an employer to pay the wage
due under an award or an agreement as well as impose a penalty if the award or
agreement is not respected. However, according to the information provided by
the Government, this supervisory power is also entrusted to the body of
industrial labour inspectors. Furthermore, in Switzerland, the legislation
respecting homework (Endnote 316) stipulates that the implementation of the
law is the responsibility of the cantonal authorities, with enterprises in the
Confederation implementing the Act under the supervision of the labour
inspectors.
369. Mention should be made of the case of some countries where the trade
union organisation may exercise supervisory duties in respect of the
application of labour law provisions which regulate working conditions, for
example in Angola where, according to the provisions of the legislation, trade
unions and labour committees are responsible for this task; (Endnote 317) a
similar situation exists in Belarus. (Endnote 318) In Cuba, where trade union
organisations may exercise inspection functions as regards the application of
the provisions governing conditions of employment. The legislation regulates
the organisation of the system of trade union inspection of work and the
functions, powers and obligations of the trade union organisations. (Endnote
319) In China, according to information provided by the Government, trade
union organisations also participate in supervising the application of the
rules respecting wages within their respective enterprises. This is also the
case of Mozambique. In Ukraine, according to information provided by the
Government, trade unions also participate in the supervision of the
application of labour standards.
370. National legislation frequently contains detailed provisions concerning
the powers granted to inspectors to carry out their functions. These powers
generally conform to the provisions of the instrument being examined here, and
are also prescribed in the Conventions and Recommendations respecting labour
inspection. (Endnote 320) The Committee recalls that in 1985 it dedicated its
General Survey to the instruments concerning labour inspection, in which it
referred in detail to these powers. (Endnote 321)
371. Some national legislation contains provisions concerning the obligations
imposed on employers to facilitate the work of the labour inspectorate. In the
legislation of Germany, for example, employers and workers are required to
furnish the bodies responsible for monitoring minimum conditions of employment
with information on all matters relating to conditions of employment, and to
produce all documents requested. (Endnote 322) Similar provisions are to be
found in other countries, for example: Saudi Arabia; (Endnote 323) Austria;
(Endnote 324) Barbados; (Endnote 325) Botswana; (Endnote 326) Canada (Endnote
327) Colombia; (Endnote 328) Dominica; (Endnote 329) Guyana; (Endnote 330)
India; (Endnote 331) Jamaica; (Endnote 332) New Zealand. (Endnote 333) and
Uganda. (Endnote 334)
4. Sanctions against the infringement of minimum wages
372. All the instruments examined here advocate that authorities adopt
appropriate sanctions in the event of the infringement of minimum wage rates
with a view to guaranteeing workers the payment of such rates. (Endnote 335)
373. The nature of these sanctions appears to have been made explicit, not
only because reference was made to the existing practice in countries, but
because the establishment of such sanctions sought to guarantee adequate
compliance with the provisions respecting minimum wages. However, when Article
2, paragraph 1, of Convention No. 131 was discussed, the Employers expressed
their opposition to penal sanctions. (Endnote 336) The idea of introducing
this kind of sanction to guarantee the minimum wages none the less prevailed.
It was pointed out by the Workers' members of the Conference technical
committee as well as by some Government members that "in many developing
countries the threat of imprisonment was the only effective deterrent against
the failure of employers to pay the minimum wage". (Endnote 337)
374. On various occasions the Committee has addressed comments to governments
drawing attention to the need to adopt the necessary measures to establish
appropriate sanctions in the event of infringements of standards respecting
minimum wages and to communicate the necessary information. (Endnote 338)
376. In Belgium economic sanctions and/or prison sentences are established by
the Act respecting collective agreements, (Endnote 375) with fines being
increased in the event of a repetition of the offence; similar provisions
exist in the Act respecting the protection of workers' wages. (Endnote 376)
377. Many States specifically establish sanctions in the event of an
infringement of the standards respecting minimum wages. Of these, mention may
be made of those States which establish pecuniary sanctions, (Endnote 377),
those which also establish penal sanctions. (Endnote 378) and those which
prescribe sanctions of an administrative nature as well, such as the closing
down of the enterprise or other measures. (Endnote 379)
378. Other States make provisions for pecuniary sanctions as well as penal and
administrative sanctions. (Endnote 380) In the Netherlands, the legislation
(Endnote 381) provides that if an employer infringes the law, the works
council is informed as well as the workers' and employers' organisations
concerned, whose opinions will be taken into account. In Tunisia, according to
information provided by the Government, in addition to fines imposed in the
event of an infringement, an administrative sanction is also applied which
consists of a payment to the State of an amount equal to three times the part
of the wage which has not been properly paid. This amount is assigned to the
occupational accident fund.
379. The legislation in force in Switzerland establishes pecuniary sanctions
in the event of an infringement of the provisions of the Act respecting
contracts of employment of foreign nationals, although no specific reference
is made to the case of infringements of the provisions respecting wages.
(Endnote 382) As regards homework, the legislation (Endnote 383) stipulates
that persons infringing its provisions shall be subject to fines and, in
serious cases, to arrest.
5. Procedures for obtaining payment of the minimum wage due
381. The Conventions examined here contain provisions concerning the measures
to be adopted to ensure that workers can recover the amounts due to them in
respect of wages if they have been paid sums lower than the established
minimum wage rates. (Endnote 400) These provisions are made more explicit in
the corresponding Recommendations. (Endnote 401)
382. The guarantee of payment of minimum wages to workers requires the
establishment not only of sanctions or supervisory machinery but also of
procedural mechanisms enabling the worker to recover sums due in respect of
the minimum wage. Hence the instruments under study include such provisions.
It appeared natural that these instruments provide for these procedures to be
established within the framework of national legislation, including
time-limits within which proceedings can be taken to recover the outstanding
amounts. However, Recommendations Nos. 30 and 89 recognise that in cases where
workers are not in a position individually to enforce, by judicial or other
legal proceedings, their rights to recover wages due at the minimum rates in
force, other measures should be provided which will be effective in preventing
infringement of these rates. On the other hand, Recommendation No. 135
emphasises that workers should be given the possibility of recovering amounts
outstanding in respect of the minimum wage, and stipulates that legal
provisions and procedures should be simplified and that workers should be
trained in the effective exercise of their rights under the regulations
respecting minimum wages. (Endnote 402)
383. The Committee recalls that Article 10, paragraph 4, of the Social Policy
(Basic Aims and Standards) Convention, 1962 (No. 117) provides that a worker
to whom wages at less than the minimum rates have been paid shall be entitled
to recover, by judicial or other means authorised by law, the amount by which
he has been underpaid, subject to such limitation of time as may be determined
by legislation.
385. In Romania, ss. 173 and 174 of the Labour Code make provision for bodies
to settle individual labour disputes, for example the "unit judicial
commissions". It remains to be seen whether these are still in force. The same
is true as regards Hungary. (Endnote 454)
386. In other countries it is stipulated that outstanding sums may be
recovered through other procedures established for this purpose in the
specific legislation respecting minimum wages, as is the case in the following
countries: Bangladesh; (Endnote 455) Barbados; (Endnote 456) China; (Endnote
457) Germany; (Endnote 458) Honduras; (Endnote 459) Israel (Endnote 460).
389. In the United Kingdom, in addition to the specific procedures established
for the recovery of the outstanding part of the wage in respect of the minimum
wage, the use of such a procedure shall not be in derogation of any right to
recover such sums by civil or other proceedings. (Endnote 489) Similar
provisions are to be found in the legislation of other countries: Bahamas;
(Endnote 490) Botswana; (Endnote 491) Guyana; (Endnote 492) India; (Endnote
493) Jamaica; (Endnote 494) Lesotho; (Endnote 495) Malawi; (Endnote 496)
Malta; (Endnote 497) Myanmar; (Endnote 498) Solomon Islands; (Endnote 499)
Trinidad and Tobago. (Endnote 500)
6. Information and training measures for workers concerning minimum wages
390. Without doubt one of the most appropriate measures to ensure the respect
of the provisions respecting minimum wages is the provision of information and
training to workers concerning their rights.
391. The instruments examined here refer implicitly or explicitly to these
measures by establishing the obligation of States to adopt the necessary
measures to ensure respect of the standards concerning minimum wages. (Endnote
501) The provisions are supplemented by the corresponding provisions of the
Recommendations. (Endnote 502) Recommendation No. 135 also contains two other
important related provisions, the first concerning the participation of
workers' and employers' organisations in the measures taken to protect workers
against abuse, and the second concerning the protection of workers against
reprisals.
392. The Committee recalls that the Protection of Wages Convention, 1949 (No.
95), stipulates that effective measures must 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 pay period
concerned, in so far as such particulars may be subject to change". The
Committee has repeatedly emphasised that this provision should be respected
and that governments should adopt appropriate measures to ensure that workers
are informed concerning their wages. The Social Policy (Basic Aims and
Standards) Convention, 1962 (No. 117) stipulates that the necessary measures
should be taken "to ensure that the employers and workers concerned are
informed of the minimum wage rates in force and that wages are not paid at
less than these rates."
393. The law and practice of States include some measures to ensure the
provision of information and training to workers concerning not only the rates
of minimum wages but also in general the rights concerning such wages.
According to the information provided by some States, workers are informed of
the fixed minimum wages, inter alia, by means of official gazettes. (Endnote
503) As indicated above, it would appear that the obligation to inform the
parties concerned through such publications of the minimum wage rates or any
other provision respecting these wages would not be sufficient from a
practical point of view to guarantee that such persons concerned are properly
informed. It is thus interesting to emphasise the obligation established in
some States or the practice followed in them to give greater publicity to the
obligations concerning minimum wages and the publication of the respective
rates in the mass communication media. (Endnote 504)
394. The obligation to inform workers and employers of the standards
concerning minimum wages and the respective rates would appear to be more
effective when employers are required to display notices in appropriate
locations indicating the minimum wages which should be paid to workers and to
provide them with copies or extracts from the applicable standards. (Endnote
505)
395. As regards the obligation to provide training to workers on their labour
rights, and in particular those concerning minimum wages, it should be noted
that, according to the information provided by the Government of Australia, in
Queensland, the labour inspectorate offers an independent advisory service on
the provisions of labour legislation, awards and agreements, with a view to
facilitating the proper payment of workers' wages; in Victoria the Labour
Department provides an information service for employers and workers on
matters concerning their rights and obligations resulting from awards and
state legislation. In Canada, in the Province of Newfoundland the directorate
of the Department of Employment and Labour Relations is responsible for
informing and educating the public concerning labour standards. In Honduras,
the Government has indicated that the "publicity plan" involves not only the
publication and distribution of decrees establishing minimum wages, but also
advisory services and awareness campaigns concerning the rights and
obligations of employers and workers concerning minimum wages. According to
information provided by the Government of Mauritius, part of the Workers'
Education Programme is devoted to informing workers on the provisions
respecting minimum wages.
Endnote 25
(1), s. 14(3).
Endnote 26
(1), s. 2(8).
Endnote 27
(1), ss. 80, 81 and 86.
Endnote 28
(2), s. 269.
Endnote 29
(1), ss. 71, 75 and 120 to 122.
Endnote 30
(1), ss. 68 and 74.
Endnote 31
(1), ss. 97 and 94.
Endnote 32
(1), ss. 81 and 85.
Endnote 33
(1), ss. 92 to 94 and 99.
Endnote 34
(1), s. 246 for the wages of domestic workers.
Endnote 35
(1), ss. 88 and 99.
Endnote 36
(2), s. 53.
Endnote 37
(1), s. 206.
Endnote 38
(1), s. 18 read together with s. 23 of the same law and s. 13 of Act No. 23
respecting wage councils.
Endnote 39
(2), s. 361.
Endnote 40
(5), s. 2099.
Endnote 41
(3), s. 24(1) in conjunction with wages in general. However, as regards the
wages of homeworkers, it is expressly stipulated that wages shall be paid only
in cash; (2), s. 6.
Endnote 42
(1), s. 83 in conjunction with s. 89.
Endnote 43
(2), ss. 72, 78 and 80. However, in accordance with ss. 132 and 247, wages of
domestic workers and apprentices may be paid partly in kind.
Endnote 44
(2), s. 7(2).
Endnote 45
The Workers' Statute, s. 26, refers to wages in general and states that all
the economic benefits in cash or in kind received by workers shall be
considered as wages.
Endnote 46
(1), s. 12(1).
Endnote 47
(2), s. 26.
Endnote 48
(1), s. 3(m).
Endnote 49
Belgium (2), s. 6; Denmark (1), ss. 5 to 10; Finland (1), s. 17; Iceland (1),
s. 1.
Endnote 50
(2), s. 116.
Endnote 51
(1), s. 61(3) contrario sensu.
Endnote 52
(1), s. 10(1); however, according to the provisions of paras. 2 and 3 of the
same section, the competent authority may authorise payment of part of the
wage in kind.
Endnote 53
(1), s. 42.
Endnote 54
(2), s. 90; however, in the case of domestic workers, s. 334 appears to
suggest that payments in kind received by such workers may account for up to
50 per cent of the minimum wage.
Endnote 55
(2), s. 173.
Endnote 56
(2), ss. 17 to 21.
Endnote 57
(2), s. 82, which stipulates that the minimum wage paid in cash may not be
less than 30 per cent of the minimum wage.
Endnote 58
(1), s. 85, para. 1. Furthermore, in accordance with the Revised National
Policy on Incomes, Employment, Prices and Profits, Government Paper No. 1 of
1990, approved by the National Assembly in 1990, payment in kind must continue
to be included as part of the minimum wage.
Endnote 59
(1), s. 181(b) and (c), and (2), ss. 20, 21 and 22.
Endnote 60
(4), s. 5, although s. 6 of the Regulation stipulates that employers may not
reduce wages below the minimum wage for the furnishing, use, repair or
laundering of workers' uniforms.
Endnote 61
(5), s. 105, para. 3(a).
Endnote 62
(8), s. 5, stipulates the amount which may be deducted from a worker's wage if
the employer provides food or board, although it is not indicated whether
these deductions may affect the minimum wage. However, as in Alberta, the
employer may not reduce wages below the minimum wage in respect of the uniform
provided to his workers: (8), s. 11.
Endnote 63
s. 9.
Endnote 64
(16), ss. 11 and 12; the latter section stipulates that employers may not
reduce minimum wages for the furnishing of workers' uniforms.
Endnote 65
(19), s. 7, although s. 13 stipulates that when the uniform is made of wool or
similar heavy material requiring dry cleaning, the cost of the cleaning may be
charged to the worker, although it is not clear whether this charge may reduce
wages below the minimum wage.
Endnote 66
(21), s. 9(2) and (3).
Endnote 67
(25), s. 3.
Endnote 68
(27), s. 6.
Endnote 69
(28), s. 15(4)(e).
Endnote 70
(34), s. 3, which establishes a maximum sum for the amount which may be
deducted in respect of food or board provided to the worker, although
reductions in the minimum wage may not be made by the employer for the
furnishing, cleaning or repair of workers' uniforms.
Endnote 71
(36), s. 6.
Endnote 72
(1), s. 151 in conjunction with ss. 144 and 145.
Endnote 73
(2), s. 129, which stipulates that the amount of the wage paid in kind, in the
case of workers who earn the legal minimum wage, may not exceed 30 per cent.
Endnote 74
(1), s. 11.
Endnote 75
(2), ss. D.141-3 and D.141-11.
Endnote 76
(1), s. 11.
Endnote 77
(1), s. 14(2) and (3).
Endnote 78
(1), s. 14(2).
Endnote 79
(1), s. 13(2).
Endnote 80
(6), s. 2, concerning wages of agricultural workers.
Endnote 81
(1), s. 96(6).
Endnote 82
(1), s. 13(2).
Endnote 83
(1), s. 2(o).
Endnote 84
(2), ss. 4(2) and 7(1).
Endnote 85
(1), s. 2(8), and (2), ss. 6 and 7.
Endnote 86
(2), Appendix 2, ss. 2 and 3.
Endnote 87
(8), ss. 10 and 11.
Endnote 88
In accordance with the Decree adopted by the Government in August 1990.
Endnote 89
(5), s. 1(3), (4) and (5).
Endnote 90
(1), s. 91 in conjunction with s. 84.
Endnote 91
(2), s. 87, respecting the minimum wages of agricultural workers.
Endnote 92
(1), s. 95 in conjunction with s. 89.
Endnote 93
(1), ss. 135 and 139.
Endnote 94
(1), s. 5(5), and (2), s. 30.
Endnote 95
England, Wales and Scotland (industry and trade) (1), s. 7(4), read together
with s. 17(1)(b)(ii) and (3)(b), whereby the possible payment in kind is
limited to housing provided to the worker; similar provisions are in force in
Northern Ireland (industry and trade) (2), s. 9(4) read together with s.
18(1)(ii) and (3)(b); in agriculture the provision respecting the possible
payment of the minimum wage in kind is contained in the section establishing
the powers granted to the agricultural wages committee, for England and Wales
(3), s. 7(1)(a), (b) and (c), for Scotland (4), s. 7(1), and for Northern
Ireland (5), s. 4(3).
Endnote 96
Part IV(a).
Endnote 97
Part IV, Para. 8(a).
Endnote 98
According to information provided by the Government, although there appears to
be no provision in this respect.
Endnote 99
(1), s. 143(4) in conjunction with the awards granted by the Australian
Industrial Relations Commission.
Endnote 100
(3), s. 58(3)
Endnote 101
(9), s. 105.
Endnote 102
(8), s. 38(1).
Endnote 103
According to information from the Government and the provisions in force, (1),
s. 21, (2), s. 45(2) and (3), ss. 34(3) and 45(2).
Endnote 104
(1), s. 6(3).
Endnote 105
(1), 25(4).
Endnote 106
(1), s. 140.
Endnote 107
(26), s. 35.
Endnote 108
(1), ss. 122 and 123.
Endnote 109
According to information provided by the Government.
Endnote 110
According to information provided by the Government.
Endnote 111
(1), s. 432.
Endnote 112
(2), s. 278.
Endnote 113
(2), s. D.141-1, as regards the adjustment in the minimum growth wage.
Endnote 114
(3), s. 16(2).
Endnote 115
(1), s. 8(4).
Endnote 116
(3), ss. 30 and 31.
Endnote 117
(1), ss. 5(2) and 10(2).
Endnote 118
(1), s. 6.
Endnote 119
(1), s. 17(1), as regards general minimum wages; (2), s. 12(1), as regards
wages of homeworkers. Finally, provision is also made for the publication of
the decision of the competent authority concerning the extension of collective
agreements to minimum wages, (1), s. 12(1). The Government also points out
that efforts are being made to keep employers and workers informed of these
matters.
Endnote 120
(1), s. 11(5).
Endnote 121
(1), ss. 4(5) and 11(5).
Endnote 122
According to the information communicated by the Government.
Endnote 123
(1), s. 8(1).
Endnote 124
(1), s. 96(3).
Endnote 125
(2), s. 571(V).
Endnote 126
(1), s. 46(1).
Endnote 127
(1), s. 37(2).
Endnote 128
(1), s. 19(5), concerning publication in the event of an extension of the
agreement.
Endnote 129
(1), s. 14(5).
Endnote 130
(1), ss. 6(1)(a) and (3) and 17(2)(d).
Endnote 131
Minimum wages are published in the official gazette; furthermore, the Ministry
of Labour and Social Welfare periodically publishes an information bulletin on
minimum wages.
Endnote 132
(1), s. 32, as amended by Ordinance No. 32 of 1971.
Endnote 133
(1), s. 79, in addition to information provided by the Government.
Endnote 134
According to information provided by the Government, although there appears to
be no express provision.
Endnote 135
(4), s. 12, and in accordance with information provided by the Government.
Endnote 136
Minimum wages are fixed by collective agreement; the law makes provision for
the publication of collective agreements in the official gazette or in some
other publication, (1), s. 8.
Endnote 137
According to the information provided by the Government, although there
appears to be no provision establishing this obligation.
Endnote 138
(1), ss. 29, 33(3), and 39, (2), ss. 23 and 29(3), and (3), s. 6.
Endnote 139
(1), s. 5(5).
Endnote 140
According to the information provided by the Government.
Endnote 141
(1), ss. 16 and 17.
Endnote 142
(1), s. 10(2).
Endnote 143
England, Wales and Scotland (industry and trade) (1), Schedule 3, s. 2;
Northern Ireland (industry and trade) (2), Schedule 3, s. 2. For agriculture:
England and Wales, (3), Schedule 4, s. 4; Scotland, (4), s. 4; Northern
Ireland, (5), s. 10(c).
Endnote 144
According to the information provided by the Government.
Endnote 145
(1), s. 20(1).
Endnote 146
According to legislation, (2), s. 16(1), the Government must take all measures
to inform employers and workers of minimum wages.
Endnote 147
According to information provided by the Government, minimum wage rates are
publicised in the mass media, although the Government points out that the
minimum wage policy is not always fully understood.
Endnote 148
In accordance with the information communicated, minimum wage rates are
published in the mass media. For the Province of Ontario, it was also
indicated that any person concerned could obtain information on the applicable
minimum wage rates by calling toll free or writing to the Ministry of Labour.
Endnote 149
According to information provided by the Government, the texts concerning
minimum wages are widely circulated amongst trade unions.
Endnote 150
In addition to publication in the official gazette, texts must be published in
a national newspaper, (1), s. 432.
Endnote 151
The responsible authority must publish decisions establishing minimum wages in
the official gazette and in some other publication, (2), s. 8(4).
Endnote 152
(1), s. 8(4).
Endnote 153
In the case of minimum wages fixed by collective agreement, according to the
information provided by the Government, the text of the agreement is published
in the weekly official gazette of collective agreements. According to the same
information, the local and agricultural press regularly publishes the minimum
wage rates applicable in the department concerned.
Endnote 154
Under the legislation, (2), s. 4(3), the minimum conditions of employment
specified by technical committees are published in places appointed by the
Federal Minister of Labour. As regards conditions of employment fixed for
homework, (3), s. 19(2).
Endnote 155
In accordance with the legislation, (3), s. 61, once minimum wage rates have
been fixed they must be published in a mass-circulation newspaper in the
Republic.
Endnote 156
(1), s. 11(4), which establishes that once an order has been issued respecting
minimum wages, the responsible authority must bring it to the notice of all
interested parties as soon as possible and in a prescribed way.
Endnote 157
In addition to the legal obligation of publishing minimum wage rates in the
official gazette, the Government has indicated that there is a plan for
publicising minimum wages in the municipalities and labour offices by the
distribution of brochures indicating the minimum wage rates in force,
consultations and the distribution of copies of the decrees fixing minimum
wages.
Endnote 158
According to information provided by the Government, changes in the minimum
wage rates are announced by the mass media.
Endnote 159
The legislation makes express provision for the publication of orders
respecting minimum wages in a national newspaper, at two consecutive times at
intervals specified by the Act, (1), s. 11(5).
Endnote 160
In addition to the publication which is legally required in the official
gazette, in practice minimum wages are also published in the newspapers of the
country.
Endnote 161
In accordance with the provisions of the law, (1), s. 10(5), once an order
respecting wages has been adopted, the minimum wage council is informed which
in turn informs parties concerned as soon as possible and in the manner
prescribed.
Endnote 162
According to information from the Government, the minimum wage rates are
publicised in newspapers, radio and television, and are also published in the
official gazette.
Endnote 163
The Government states that minimum wages are published in the communication
media and information bulletins.
Endnote 164
According to information from the Government, resolutions establishing minimum
wages are widely publicised.
Endnote 165
According to the information provided by the Government, changes in the
minimum wage rates are publicised by the communication media.
Endnote 166
In addition to publication in the official gazette, the Acts establishing
minimum wages must also be published in newspapers in the languages indicated
in the legislation, (1), ss. 29(3) and 33(3).
Endnote 167
(11), s. 36-207.
Endnote 168
When the wage rates may be fixed by collective agreement (1), s. 11 stipulates
that employers are required to give publicity to the text of the agreements.
Endnote 169
(6), s. 15.14.
Endnote 170
s. 149 of the Act respecting collective labour relations stipulates that all
workers shall have access to remuneration rates; s. 46 of the Act respecting
agricultural work makes it obligatory to post in a place which is accessible
to all workers the text of the collective agreement containing applicable wage
rates and to circulate among such workers a notification from the enterprise
concerning such rates; finally, s. 59 of the Act respecting homework contains
similar provisions.
Endnote 171
(1), s. 16(2).
Endnote 172
(2), s. 16(2) and (3).
Endnote 173
(1), s. 11(c).
Endnote 174
(1), s. 84.
Endnote 175
(1), s. 146 and (2), s. 2.
Endnote 176
(1), s. 70.
Endnote 177
(1), s. 72.
Endnote 178
Fair Wages Policy Order, s. 5(a).
Endnote 179
In British Columbia, according to information provided by the Government,
minimum wage rates of workers must be posted up at the workplace; in Manitoba,
in accordance with the relevant regulation (8), s. 12(1), the employer must,
at the request of the labour authority, provide workers with a summary of the
applicable provisions or post up such a summary in a visible place; similar
provisions exist in New Brunswick, (11), s. 11; Newfoundland, (15), s. 31(2);
in Nova Scotia, the employer must post up in an appropriate place a copy of
the order respecting minimum wages to which all workers may have access, (19),
s. 14; Ontario, (20), s. 56; Prince Edward Island, (24), s. 95 and (25), s.
10; Saskatchewan, (28), s. 69(1); in the Yukon Territory, (35), s. 56, the
employer may be required to post up in an adequate place the necessary
information concerning the law and its application although no specific
mention is made of minimum wages.
Endnote 180
(1), s. 102.
Endnote 181
(2), s. 278.
Endnote 182
(1), s. 13(2).
Endnote 183
According to the information provided by the Government and the legislation,
(2), s. L.620-7, the employer must place a copy of the applicable texts in
workplaces.
Endnote 184
(1), s. 91.
Endnote 185
The law stipulates (2), s. 11(1) that employers shall post the applicable
minimum conditions of employment at a convenient place in the undertaking, and
shall deliver a copy to every employee whose employment is governed by these
minimum conditions.
Endnote 186
(1), s. 211.
Endnote 187
(5), s. 15(2).
Endnote 188
(3), s. 31.
Endnote 189
(1), s. 18(2).
Endnote 190
(1), s. 19, as regards minimum wages in general. In the case of minimum wages
of homeworkers, the Government repeats that efforts are being made to keep
workers and employers informed and that information sheets are produced and
distributed for this purpose.
Endnote 191
(1), s. 20(2) and (3).
Endnote 192
(1), s. 18(3).
Endnote 193
(1), s. 16(2).
Endnote 194
(1), s. 15.
Endnote 195
(1), s. 15(2).
Endnote 196
(6), s. 20.
Endnote 197
(1), s. 87.
Endnote 198
(1), s. 43.
Endnote 199
(1), s. 18(1) and (2).
Endnote 200
(1), s. 18(2).
Endnote 201
England, Wales and Scotland (industry and trade), (1), s. 19(2) and (3);
Northern Ireland, (2), s. 20(2) and (3). As regards agriculture, in England
and Wales as well as in Scotland, according to the information provided by the
Government, an employer must keep his workers informed of the provisions of
the regulations concerning wages; in Northern Ireland, (5), s. 10(c),
provision is made for the adoption of regulations prescribing the way in which
persons concerned are informed of the content of the regulations respecting
wages.
Endnote 202
Alaska (3), s. 23.10.105; Arizona (5), s. 23-323; Arkansas (6), s. 11-42-16
which stipulates that the competent authority must provide summaries of the
relevant Act at no charge; California (7), s. 1183; Connecticut (9), s. 31-66;
Delaware (10), ss. 908 and 1108; Georgia (12), s. 34-4-5; Hawaii (13), s.
387-6(b); Idaho (14), s. 44-1507; Illinois (15), s. 1009; Indiana (16), s.
22-2-2-8; Kansas (17), s. 44-645; Kentucky (18), s. 337.335; Maine (20), s.
668; Maryland (21), s. 88 stipulates that the competent authority must provide
summaries of the respective Act, at the request of the employer, at no cost;
Massachusetts (23), s. 16; Minnesota (25), s. 117.31; Missouri (27), s. 10;
Michigan (24), s. 408.391; Nebraska (29), s. 48-1205; Nevada (30), s. 608.080;
New Hampshire (31), s. 279:27; New Jersey (32), s. 34:11-56a21; New Mexico
(34), s. 50-4-25; New York (33), s. 661; North Carolina (35), s. 95-25.15(c);
Ohio (36), s. 4111.09; Oklahoma (37), s. 197.6; Oregon (38), s. 653.050;
Pennsylvania (39), s. 33.108 and (40), ss. 231.37 and 231.53; Rhode Island
(43), s. 28-22-11; Vermont (48), s. 393, which also stipulates that the
commissioner shall provide to employers a copy of the orders respecting
minimum wages; West Virginia (53), 42-8-4.4, as well as in the District of
Columbia (11), s. 36-212.
Endnote 203
(1), s. 1638o.
Endnote 204
(1), s. 5.
Endnote 205
Article 4, para. 1.
Endnote 206
Article 4, para. 1, and Article 5, respectively.
Endnote 207
Recommendation No. 30, Part IV, Para. 2; Recommendation No. 89, Part IV, Para.
9; and Recommendation No. 135, Part IV, Para. 14(b).
Endnote 208
Recommendation No. 30, Part IV, Para. 2, and Recommendation No. 89, Part IV,
Para. 10.
Endnote 209
The legislation provides that the authority responsible for enforcing the Act
respecting minimum wages is the Ministry of Labour (3), s. 17; although,
according to other legal texts, (16), s. 1, this function is also the
responsibility of the labour inspectorate.
Endnote 210
According to information provided by the Government, this power is granted to
the Department of Industrial Relations, through the labour inspectorate, (1),
ss. 84(4) and (5) and 86.
Endnote 211
According to the information provided by the Government, the application of
standards concerning minimum wages is the responsibility of the Department of
Industrial Relations, which exercises these functions through the labour
inspectorate.
Endnote 212
According to information provided by the Government, this is the
responsibility of different State bodies with the participation of trade
unions.
Endnote 213
According to the information provided by the Government, the authority
responsible for the application of labour standards is the Ministry of Labour
and Social Affairs.
Endnote 214
According to the information provided by the Government, the application of
the respective standards is the responsibility of the Ministry of Labour and
Social Affairs. To this end, a state labour inspectorate was established by
Decree No. 193 dated 2 October 1991.
Endnote 215
According to the information provided by the Government, the Minister is
responsible for ensuring the application of the legislative provisions or
regulations. The Labour Code contains provisions concerning labour inspection,
(1), ss. 111 to 118.
Endnote 216
(1), ss. 152 to 160.
Endnote 217
(1), s. 450, whereby the monitoring of compliance with labour legislation is
the responsibility of the Labour Directorate.
Endnote 218
According to the information provided by the Government, the administrative
labour departments supervise the application of minimum wages.
Endnote 219
(2), s. 485, stipulates that supervision and control are carried out by the
Ministry of Labour in the form prescribed by the Government or the Ministry
itself; according to the information provided by the Government, these powers
are exercised through the Directorate General of Inspection and Supervision at
the national level and the regional directorates at the departmental level, in
accordance with Decree No. 1422/89 and Decree No. 1096 dated 25 April 1991.
Endnote 220
According to the information provided by the Government, the State Committee
on Labour and Social Security is responsible for supervising the enforcement
of wage policy in the country under the powers conferred upon it by
Legislative Decree No. 67, of 19 April 1983, s. 61, and the Labour Code, s.
296; these powers are exercised through the labour inspectorate, (2), s. 301.
This function may also be exercised by the provincial committees, (3), s.
4(e). The Labour Code also provides for self-inspection by the labour bodies,
s. 300.
Endnote 221
According to the information provided by the Government, the State bodies for
which provision is made in the Labour Code, s. 270(a), are responsible for the
application of labour standards. At the same time, the Government pointed out
that s. 13 of the General Agreement of 1991 establishes that application will
be supervised by the competent Council of Social Agreement. Finally, according
to the same agreement and information provided by the Government, the social
partners are responsible for the correct application of the agreement and the
standards resulting from it.
Endnote 222
(1), ss. 389 et seq.
Endnote 223
(1), s. 16.
Endnote 224
According to information provided by the Government.
Endnote 225
According to the information provided, in such departments and territories
there are no labour inspectors in the agricultural sector, and thus the
monitoring of compliance with the provisions respecting the minimum growth
wage is the responsibility of the departmental directorate of labour and
employment.
Endnote 226
According to the legislation, (2), s. 12, the highest labour authority of each
Land is responsible for ensuring that the inspection and supervision of the
application of the minimum working conditions are carried out effectively.
This authority may also delegate its powers in this respect to other bodies.
The legislation respecting homeworkers also places the supervisory power in
the supreme authority of the Land, (3), s. 23(1).
Endnote 227
According to information provided by the Government, it is the responsibility
of the Ministry of Social Affairs to monitor the application of the legal
provisions in cooperation with employers' and workers' organisations. However,
it should also be noted that legislation makes provision for the appointment
of mediators (2), ss. 20 and 24, whose functions are to ensure compliance with
the provisions relating to working conditions.
Endnote 228
(1), s. 18(a).
Endnote 229
(2), s. 9.
Endnote 230
According to the information provided by the Government and the provisions of
the law, (3), s. 4(2), the Ministry of Labour is responsible for monitoring
compliance with the respective wage standards and for advising enterprises on
the preparation of the wage application instruments. Sections 164 and 165 of
the respective labour Act stipulate that the labour inspectorate is
responsible for ensuring compliance with the labour legislation, in close
collaboration with the trade unions.
Endnote 231
According to the information provided by the Government, the Ministry of
Labour is responsible for applying wage legislation in force. This legislation
makes provision for the establishment of the labour inspectorate and its
respective powers, (1), ss. 56 to 57.
Endnote 232
(3), s. 7(3), the National Minimum Wage Commission supervises compliance with
the agreements establishing minimum wages; see also: (2), ss. 243 to 246, 335
to 338, 341(1) and 350, respecting labour inspection.
Endnote 233
In accordance with the information provided by the Government and the
provisions of the labour legislation in force, (1), s. 6(1), and (3), s. 21.
Endnote 234
In accordance with the provisions of the law, (1), s. 12(2), the President of
the Board is empowered to monitor compliance with the provisions respecting
minimum wages. The same text, (1), s. 17(2)(g), provides for the appointment
of labour inspectors by ordinance.
Endnote 235
In accordance with the legislation in force, (4), s. 20(c), the National
Committee on Minimum Wages may receive, for transmission to the Ministry of
Labour, denunciations or complaints respecting failure to comply with the
provisions of decrees respecting minimum wages; furthermore, it would appear
that the enforcement of these provisions is also the responsibility of the
labour inspectorate.
Endnote 236
(3), s. 23.
Endnote 237
(2), ss. 128 et seq.
Endnote 238
According to the information provided by the Government, the Ministry of
Labour, Social Affairs and Housing is responsible for supervising labour
standards in the private sector; see also the provisions of the law, (1), s.
74.
Endnote 239
According to the information provided by the Government, the Ministry of
Labour and Social Protection is responsible for controlling the application of
labour standards. Section 181(1) and (2) of the Labour Code also entrusts this
function to other bodies; but it is not possible to say that these provisions
are in force.
Endnote 240
According to the information provided by the Government, the Ministry of
Labour and Cooperation as well as the Ministry of Health and Social Security
are responsible for supervising the application of labour standards; the
legislation in force also describes the same function for the labour
inspectorate, (1), s. 50.
Endnote 241
According to the information provided by the Government, the Ministry of
Social Affairs and Labour is responsible for monitoring the application of
labour standards, through the labour inspectorate, (1), ss. 212 to 214, and
(2), s. 245. The Government has also pointed out that, in accordance with the
law, trade union committees participate in monitoring the correct application
of the above-mentioned standards.
Endnote 242
According to information provided by the Government, the Ministry of Labour
and Social Security is responsible for supervising labour standards, through
the labour inspectorate, (2), ss. 88 and 89.
Endnote 243
(1), s. 19.
Endnote 244
In accordance with information provided by the Government, the supervision of
the application of labour standards is the responsibility of various state
bodies, and in particular, the labour inspectorate.
Endnote 245
(1), s. 11(a)
Endnote 246
Often the provisions establishing the responsibility of the authority also
make provision for summary proceedings through which a worker may recover the
wages due: Alaska (3), ss. 23.10.080 and 23.10.085; Arizona (5), s. 23-312;
Arkansas (6), s. 11-4-209; California (7), ss. 1195 and 1195.5; Colorado (8),
ss. 8-6-108 and 8-6-115; Connecticut (9), s. 31-39; Delaware (10), s. 903;
Hawaii (13), s. 387-12; Idaho (14), s. 44-1508(1); Illinois (15), s. 1012(a)
and (b); Kansas (17), s. 44-1207(a); Kentucky (18), s. 336.985(1); Maine (20),
s. 665; Maryland (21), s. 84(a) and (b); Massachusetts (23), ss. 15 and 17;
Michigan (24), s. 408.392; Minnesota (25), s. 177.21(1), (3) and (5); Missouri
(27), s. 5; Montana (28), s. 39-3-403; New Hampshire (31), s. 279:27; New
Jersey (32), s. 34:11-56a6(b); New Mexico (34), s. 50-4-26(A); New York (33),
s. 660; North Carolina (35), s. 95-25.15(a); Ohio (36), s. 4111.04(A) to (C);
Oklahoma (37), ss. 197.7 and 197.10; Oregon (38), s. 653.040(1) to (3); Rhode
Island (43), s. 28-12-14; Utah (46), ss. 30-40-202 and 30-40-203; Vermont
(48), s. 385(1) to (3); Washington (50), s. 49.46.040(1); West Virginia (52),
s. 21-5C-6(a) and (b); and in the District of Columbia (11), ss. 36-205,
36-210 and 36-215, and Puerto Rico (41), s. 245(a);
Endnote 247
In accordance with the information provided by the Government.
Endnote 248
(6), ss. 4.30(1), 14.6, 15.3 and 15.9(1).
Endnote 249
According to the information provided by the Government and in accordance with
the law, (7), ss. 74 to 78.
Endnote 259
(5), ss. 97 and 98.
Endnote 260
(7), s. 5 stipulates that the general administration of the provisions
established by the above-mentioned Act is the responsibility of the Minister;
however, s. 1 of the same Act defines the term "inspectors", who also
certainly carry out the functions of supervising and monitoring the
enforcement of labour standards. Mention should also be made of the Department
of Labour Act of Manitoba which establishes the powers and duties of the
inspectors and employers, (10), s. 7.
Endnote 261
(11), ss. 57 and 58.
Endnote 262
(15), ss. 57 and 60.
Endnote 263
According to the legislation in force, (18), s. 3, enforcement of the labour
standards is the responsibility of the Ministry of Labour. There are no
specific provisions concerning any body of inspectors; however, in the same
Act, s. 16 stipulates the powers of the Director of Labour Standards and other
officers concerning specific activities to be carried out in monitoring the
application of these standards.
Endnote 264
(20), s. 4, the application of the law is the responsibility of the Ministry
through the respective service of the Ministry ("Employment Practices
Branch"), and provision is also made for the appointment of the necessary
officials and the scope of their powers, ss. 41 and 45.
Endnote 265
(24), ss. 2 and 63.
Endnote 266
The supervision of labour legislation is the responsibility of the "Commission
des normes du travail", (26), ss. 4 and 5.
Endnote 267
(28), ss. 3 and 68(1).
Endnote 268
The Commissioner shall appoint a Labour Standards Officer to administer the
Act, (33), s. 33(1); inspectors shall also be designated who shall carry out
their functions in accordance with the powers conferred by the Act, (33), ss.
34 et seq.
Endnote 269
The Executive Council, which is responsible for appointing the official
responsible for the application of the law, and officials shall be appointed
who shall have such powers as conferred by the Act for the purposes of
enforcing its provisions, (35), ss. 66.
Endnote 270
(1), ss. 122 et seq.
Endnote 271
(1), ss. 145 et seq.
Endnote 272
(1), ss. 28 et seq.
Endnote 273
(2), ss. 279, 529(7), 531 et seq.
Endnote 274
According to the information provided by the Government.
Endnote 275
According to the information provided by the Government.
Endnote 276
(2), ss. L.161-1 et seq.
Endnote 277
(1), ss. 144 and 148.
Endnote 278
(2), ss. 48 et seq., and (3), s. 19.
Endnote 279
(1), ss. 278 and 281(b); furthermore, under s. 110(b) of the Labour Code, it
is the responsibility of the joint committees on minimum wages to ensure that
the agreements establishing minimum wages in their respective jurisdictions
are effectively enforced, and to denounce any infringements thereof.
Endnote 280
(1), ss. 357 et seq.
Endnote 281
(1), s. 14, and (5), s. 16.
Endnote 282
According to the legislation on minimum wages (3), s. 41, it is the
responsibility of the Secretariat of Labour and Social Insurance to ensure
strict compliance with these provisions, and the Secretariat shall exercise
its powers through the labour inspectorate. Similar provisions are to be found
in the decrees which fix minimum wage rates; for example s. 5 of the Executive
Decree No. 19-90 dated 26 Sep. 1990. It should, however, be noted that the
Government has pointed out that "there are cases in which workers have had to
accept lower wages and at the same time sign receipts equal to the established
minimum wage". It does not say whether these actions have resulted in any
sanctions, although it can be supposed that the Government could have reacted
by applying the relevant legal provisions with a view to ensuring their
enforcement.
Endnote 283
(1), s. 19.
Endnote 284
According to the information provided by the Government.
Endnote 285
(1), ss. 96 et seq.
Endnote 286
(3), ss. 97 et seq., (1), ss. 37 to 39, and (2), ss. 29 to 31.
Endnote 287
(1), ss. 22 to 25.
Endnote 288
(1), ss. 12 et seq.
Endnote 289
(1), ss. 20 et seq.
Endnote 290
(1), s. 18.
Endnote 291
(1), ss. 28 et seq.
Endnote 292
(1), ss. 21 et seq.
Endnote 293
According to information provided by the Government.
Endnote 294
(2), ss. 540 and 541; furthermore, s. 330(IV) expressly stipulates that the
labour inspector shall verify whether the minimum wages paid to homeworkers
comply with the established rates.
Endnote 295
(9), s. 43.
Endnote 296
(1), ss. 5 and 5A.
Endnote 297
(2), s. 8C.
Endnote 298
(1), s. 16, as amended by Ordinance No. 32 of 1971, and s. 17.
Endnote 299
(2), ss. 8 and 9.
Endnote 300
According to the information provided by the Government.
Endnote 301
According to information from the Government, the labour inspectorate is
responsible for guaranteeing compliance with the provisions respecting minimum
wages. Sections 151 and ff. of the Labour Code establish the powers and
obligations of the labour inspectors; furthermore, section 8 of a circular
from 1976 establishes the specific powers of labour inspectors concerning
minimum wages.
Endnote 302
(1), ss. 131 et seq.
Endnote 303
(3), ss. 3(I)(b), and (4), s. 2(I)(1).
Endnote 304
According to the Government, the labour inspectorate is responsible for the
application of the standards respecting minimum wages. The legislation in
force contains the respective provisions; (1), ss. 52 and 55, (2), ss. 46 and
50, and (3), ss. 38 and 44.
Endnote 305
According to the provisions of the law, (1), s. 53.
Endnote 306
(1), ss. 20 et seq.
Endnote 307
(1), ss. 143 et seq.
Endnote 308
(1), ss. 20 et seq.
Endnote 309
(1), ss. 170 et seq. The law also establishes that the police authorities and
the national guard shall retain their powers in tracking down infringements of
labour legislation, (1), s. 178.
Endnote 310
England, Wales and Scotland (industry and trade); in accordance with the
information provided by the Government, there is a Wages Inspectorate which is
dependent on the Department of Employment. The Wages Act establishes the
powers of the officials appointed by the Secretary of State in the enforcement
of the standards respecting minimum wages; Northern Ireland (2), s. 21.
Endnote 311
(2), s. 79.
Endnote 312
(1), s. 5.
Endnote 313
In Bangladesh, legislation (2), ss. 19 and 20, provides for the establishment
of a body of inspectors responsible for the application of legislation
respecting minimum wages; in Barbados, the legislation stipulates ((1), ss. 17
et seq.) the duties of the labour commissioner in this respect and also refers
to the powers granted to the police magistrate ((1), ss. 19 et seq.); Germany
(3), s. 23(2), which establishes a body of "wage inspectors". In Myanmar, the
legislation ((1), s. 17.) provides for the appointment by the President of
"officers" responsible for verifying compliance with the provisions of the Act
wages; in the Netherlands, according to the information provided by the
Government, the Wage Inspection Department is responsible for monitoring the
application of the standards. In the same way, according to the same source, a
series of provisions was added to the Civil Code to ensure enforcement of the
minimum wage and the relevant legislation. Finally, according to the amended
text of the Act respecting minimum wages ((1), s. 18(a)), the Ministry of
Social Affairs and Employment may carry out investigations concerning the
obligation to pay the wage to which reference is made in the above-mentioned
Act.
Endnote 314
In Algeria, according to information from the Government, the Ministry of
Agriculture and Agrarian Reform and the Inspectorate of Agricultural Social
Security and Rural Affairs are responsible for enforcing the provisions
respecting minimum wages in agriculture; Austria, ss. 112 and 113 of the Act
respecting agricultural work; United Kingdom: England and Wales, according to
information from the Government, the wage inspectors are appointed by the
Ministry of Agriculture, Fisheries and Food; their powers are established by
the legislation, (3), s. 12; similar information was provided for Scotland,
(4), s. 12, and Northern Ireland, (5), s. 11.
Endnote 315
Japan where, in the case of wages of seafarers, the supervisory functions
carried out by the labour inspectors are also vested in the Ministry of
Transports and the Chief of the Office of Maritime Transportation, (1), s. 40.
Endnote 316
(3), s. 15.
Endnote 317
Act No. 9/81 and Joint Executive Decree No. 43/84.
Endnote 318
According to information provided by the Government.
Endnote 319
(2) ss. 305 and 307.
Endnote 320
Labour Inspection Convention and Recommendation (No. 81), Labour Inspection
(Mining and Transport) Recommendation (No. 82), and Labour Inspection
(Agriculture) Convention (No. 129) and Recommendation (No. 133).
Endnote 321
General Survey of the Reports on the Labour Inspection Convention (No. 81) and
Recommendation (No. 81), the Labour Inspection (Mining and Transport)
Recommendation (No. 82), and the Labour Inspection (Agriculture) Convention
(No. 129) and Recommendation (No. 133), Report III (Part 4(b)), ICL, 71st
Session, Geneva, 1985.
Endnote 322
(2), s. 11(2). Similar provisions exist for homeworkers ((3), s. 28) where
specific mention is made of remuneration and records of remuneration.
Endnote 323
(1), s. 91(b).
Endnote 324
(3), s. 51.
Endnote 325
(1), ss. 17 et seq.
Endnote 326
(1), s. 11.
Endnote 327
At the federal level, (1), ss. 249(c) and 252, and in New Brunswick (11), s.
59.
Endnote 328
(2), s. 93 as regards homeworkers.
Endnote 329
(1), s. 29(2).
Endnote 330
(1), ss. 10 and (5), s. 15(1).
Endnote 331
(1), s. 19(4).
Endnote 332
(1), s. 12.
Endnote 333
(2), s. 8A(2).
Endnote 334
(1), s. 19.
Endnote 335
Convention No. 26, Art. 4, para. 1; Convention No. 99, Art. 4, para. 1;
Convention No. 131, Art. 5.; Recommendation No. 30, Part IV(c); Recommendation
No. 89, Part IV, Para. 8(c); and Recommendation No. 135, Part VI, Para. 14(c).
Endnote 336
Record of Proceedings: ILC, 53rd Session, Geneva, 1969, pp. 470 and 681;
Record of Proceedings: ILC, 54th Session, Geneva, 1970, p. 379.
Endnote 337
Record of Proceedings: ILC, 54th Session, Geneva, 1970, p. 379.
Endnote 338
See direct requests concerning Convention No. 26, for example, Chile, 1989;
concerning Convention No. 131, for example Brazil, 1987, 1988 and 1989;
Islamic Republic of Iran, 1989; Nepal, 1989; and the observation concerning
Convention No. 26 addressed to Rwanda in 1989.
Endnote 339
(3), s. 24.
Endnote 340
(1), s. 178(1) and (4).
Endnote 341
(3), s. 93(1).
Endnote 342
(6), s. 18.42.
Endnote 343
(7), s. 48, in conjunction with s. 49(1) and s. 51(1) and (6).
Endnote 344
(8), s. 108(1)(a).
Endnote 345
(9), s. 83(1) and (2).
Endnote 346
The legislation ((2), s. 237, (3), ss. 53 and 54 and (4), s. 6(3)) provides
for the imposition of penalties without indicating what these penalties are;
however, the Act on labour inspection establishes the possibility of
initiating penal proceedings in the event of an infringement of the labour
provisions; the Act on homework also provides for the initiation of
administrative proceedings if it is shown that a wage below the fixed rate is
paid (s. 54).
Endnote 347
(2), s. 414.
Endnote 348
(1), s. 256.
Endnote 349
Manitoba, (7), s. 15(1), where both pecuniary and prison sanctions may be
applied in the event of an infringement of the standards relating to minimum
wages; New Brunswick, (11), s. 98; Newfoundland, (15), s. 68, whereby an
employer convicted of an infringement may be subject to an economic sanction
or imprisonment; Nova Scotia, (18), ss. 93 and 94; Ontario, (20), s. 59;
Prince Edward Island, (24), s. 99(1)(d); Quebec, (26), s. 140(6). In this
respect it should be noted that in comparison with the other provinces, the
economic sanction provided by this section in the event of an infringement of
the labour standards would appear to be the least severe; however, the final
objective sought, to guarantee the payment of the minimum wage to a worker, is
achieved by another mechanism which is peculiar to this province (see para.
384); Saskatchewan, (28), s. 85(1) whereby an employer who infringes the
provisions of the law is subject to a pecuniary sanction, the non-payment of
which will result in a prison sentence; similar provisions are to be found in
the legislation of the Territories: Northwest Territories, (33), s. 40 and the
Yukon Territory, (35), s. 99.
Endnote 350
In accordance with the Labour Code, s. 282, infringements of the general
collective agreement are punishable by fines.
Endnote 351
(1), s. 451; in accordance with information provided by the Government, in
application of Act No. 12.927, s. 13, an employer who pays a wage lower than
that established by the law commits an offence and may be subject to
imprisonment.
Endnote 352
(2), ss. 41 and 486(2).
Endnote 353
(1), s. 190.
Endnote 354
The applicable legislation apparently does not make any provision for
pecuniary sanctions in the event of infringements of the provisions respecting
working conditions; however, labour inspectors may initiate disciplinary
proceedings or, where applicable, penal proceedings against leaders, officials
and other workers presumed responsible for proven infringements, (2), s.
301(c).
Endnote 355
(1), s. 678, and Appendix No. 28 of the Labour Code, paras. 8 and 11, which
make provision for pecuniary sanctions and imprisonment.
Endnote 356
(2), s. 605 et seq.
Endnote 357
(1), s. 170.
Endnote 358
(1), s. 86(3).
Endnote 359
(2), s. 272(b).
Endnote 360
The Act respecting trade unions and work disputes provides for sanctions in
the event of infringements of the provisions of the Act, (2), s. 79.
Endnote 361
(2), s. 172, (3), s. 57, and (6), s. 4.
Endnote 362
(1), s. 42.
Endnote 363
(1), ss. 282(1) and (3).
Endnote 364
According to the Government, infringements are punished by fines or
imprisonment. See also: (1), s. 182(1) and (3), and (3), s. 13(2).
Endnote 365
Legislation stipulates that, in the event of infringements, the inspector
shall prepare the corresponding report with a view to the application of
sanctions by the corresponding magistrate, but the text does not indicate what
these sanctions are.
Endnote 366
The law ((1) s. 121) stipulates that if the employer delays the payment of the
wage, he shall be subject to a fine of up to twice the outstanding amount.
Endnote 367
Economic sanctions are applied in the event of an infringement of the legal
provisions respecting work (1), s. 57(3). See also the Act respecting
infringements and sanctions, ss. 7, 8 and 37.
Endnote 368
(1), s. 60(2).
Endnote 369
(1), s. 227(b).
Endnote 370
(1) introductory paragraph of Act No. 66-27 enacting the Labour Code and s.
234. It is interesting to note that under the Act, any employer who pays sums
lower than those which he should pay, must pay to the state budget a sum equal
to three times the amount of the under-payment of the wage.
Endnote 371
(1), 16(a).
Endnote 372
Arkansas (6), s. 11-4-206(a) and (b); California (7), s. 1197.1(a) and (e),
with the penalty being doubled in the event of a recurrence of the offence;
Delaware (10), ss. 910 and 911(a) and (b); Indiana (16), s. 22-2-2-9; Kansas
(17), s. 44-1210(a); Kentucky (18), s. 337.990(7); Maine (20), s. 671;
Maryland (21), s. 89; Minnesota (25), s. 177.32(1); Michigan (24), s. 408.396;
Missouri (27), s. 12; Montana (28), s. 39-3-104; Nebraska (29), s. 48-1206(2);
Nevada (30), ss. 608.195 and 608.290; New Hampshire (31), s. 279:28(II); North
Carolina (35), s. 95-25.22(a); Ohio (36), s. 411.99(A) to (C); Texas (45), s.
13(a) and (b); Vermont (48), s. 394(b); Virginia (49), s. 40.1-28; Washington
(50), s. 49.46.100(1); West Virginia (52), s. 21-5C-8(a) to (d); Wisconsin
(54), ss. 101.02 13(a), 104.03, 104.04 and 104.11.
Endnote 373
Alaska (3), s. 23.10.140; Arizona (5), s. 23-329(B); Colorado (8), s. 8-6-116;
Connecticut (9), s. 31-39; Hawaii (13), s. 387-12(a); Illinois (15), s.
1011(a) and (b); Massachusetts (23), s. 19(2); New Jersey (32), s.
34:11-56a24; New York (33), s. 198; New Mexico (34), s. 50-4-26(A); Oklahoma
(37), s. 197.13; Oregon (38), s. 653.055(1)(c); Pennsylvania (39), s.
333.112(a); Puerto Rico (41), s. 245(x); Rhode Island (43), s. 28-12-17; Utah
(46), ss. 34-40-202 and 34-40-203, s. 30-40.204(1) and (2) prescribes for
penal sanctions in the event of "repeated violations"; and in the District of
Columbia (11), s. 36-214.
Endnote 374
(1), s. 4(4).
Endnote 375
s. 56.
Endnote 376
ss. 42 and 43.
Endnote 377
Algeria (1), ss. 149 and 153; Argentina (3), ss. 17 and (17), s. 4; Benin (1),
s. 203(b); Brazil (2), s. 120; Dominica (1), s. 32; Egypt, according to the
provisions established by the Labour Code, s. 170, anyone who infringes the
provisions respecting minimum wages is subject to a minimum or maximum fine of
an amount determined for each worker affected; France (2), s. R. 154-1; Ghana
(3), s. 18(1); Guinea (1), s. 236; Guyana (1), ss. 12(1) and (5), s. 11(2);
Honduras (3), s. 40; similar provisions are to be found in the decrees
establishing minimum wages, for example s. 5 of Executive Decree No. 19-90 of
26 Sep. 1990; Islamic Republic of Iran (1), s. 174; Israel (1), s. 14; Italy
(2), s. 16; Jamaica (1), s. 5(1); Kenya (1), s. 15(2); Malawi (1), ss. 14(2)
and 16(3); Malta (1), s. 30(1); Morocco (1), s. 4; Myanmar (1), ss. 11(2) and
15(3); New Zealand (3), s. 10; the fine established by this section of the law
is increased for each day during which the infraction continues; Nigeria (1),
s. 3(1), and (3), s. 12; Panama (2), s. 180; Portugal (5), s. 10; Turkey (2),
s. 9(B)(2); Solomon Islands (1), s. 29(1); Syrian Arab Republic (1), s. 228,
and (2), s. 90; Uganda (1), s. 14(2); United Kingdom: England, Wales and
Scotland (industry and trade) (1), ss. 16(2) and 19(4), Northern Ireland (2),
ss. 17(2) and 20(4). In the agricultural sector: England and Wales (3), s.
4(1), Scotland (4), s. 4 and Northern Ireland (5), s. 9(1); and Yugoslavia
(2), s. 89(1) and (9).
Endnote 378
Bahamas (1), s. 32; Bangladesh (1), s. 9(3); employers who infringe the
provisions respecting minimum wages are punished by prison sentences which may
be of up to six months or a fine or the application of both sanctions;
Barbados (1), ss. 20 et seq.; Benin (1), s. 203(b); Botswana (1), ss. 143(2)
and 172(d); Burundi, Labour Code, s. 315(a), prescribes a fine and a penal
sentence of between seven days and three months or both sanctions; Cameroon
(1), ss. 177(a) and 179; Central African Republic (1), ss. 221(a) and 226(b);
Côte d'Ivoire, in accordance with the Labour Code, s. 190, infractions of the
Code are subject to penalties and according to the conditions established by
decree; Fiji (1), s. 9(2); Gabon (1), s. 253(e); Guinea (1), s. 236; India
(1), s. 22(1); in Japan, legislation stipulates that, in the event of
infringement of the standards respecting wages, employers will be subject to
sanctions, without specifying what these are, (1), s. 44, and (2), s. 34;
Lesotho (1), s. 15(2); in Luxembourg, in addition to the described pecuniary
sanctions, it appears that there may be penal sanctions in the event of
infringements of the standards respecting minimum wages, (1), s. 9. See also:
Mauritius (1), s. 97(2), an employer who does not pay the minimum wage due is
subject to a prison sentence of no more than six months and a fine; Mexico
(2), ss. 992, 1003 and 1004, in the event of an infringement of the standards
respecting minimum wages, an employer shall be punished by a fine and prison
sentence, the amount and duration of which vary according to the seriousness
of the case; Namibia (1), s. 76(1)(c); Nicaragua (2), s. 81 which provides for
imprisonment, and s. 352, and (3), s. 9.; Pakistan (1), s. 9(3); Papua New
Guinea (1), ss. 49 et seq., as amended by Ordinance No. 32 of 1971;
Philippines, under the law (1), s. 12, persons infringing the law are punished
with fines and/or prison sentences of no less than one year and no more than
two years, in cases which do not come under any of the exceptions established
by the Act; Singapore (1), s. 74(2), in the event of infringements of the
provisions respecting minimum wages established for minors; Sri Lanka (1), ss.
4 and 44, and (2), s. 52; Swaziland (1), s. 15(2); Trinidad and Tobago; (1),
s. 24; Tunisia (1), s. 234; Zimbabwe (1), s. 20(3)(b).
Endnote 379
Spain, (1), s. 57(4) which provides that, in the event of infractions of
exceptional seriousness, the Government may order the suspension of the
activities of the enterprise for a specific period of time or, in an extreme
case, even its closing, without prejudice to the guarantee of payment of wages
to workers.
Endnote 380
France; in addition to pecuniary sanctions and prison sentences (the latter in
the event of a repetition of the offence), provision may be made for the
publication of the sentence as provided by the applicable provisions of the
Penal Code (2), s. R. 154-1.
Endnote 381
(1), s. 18(a)(2).
Endnote 382
(6), ss. 20 and 39(2)(c) and (7), s. 54.
Endnote 383
(3), s. 12.
Endnote 384
(1) s. 149, the pecuniary sanction is increased in accordance with the rates
prescribed by the Act.
Endnote 385
(2) s. 120.
Endnote 386
In the event of a recurrence of the offence, a prison sentence of between six
and ten days may be imposed in addition to a fine or both sanctions, (1), s.
203(b).
Endnote 387
(1) s. 315.
Endnote 388
In the Province of Manitoba, an employer who contravenes the labour provisions
is considered as committing a separate offence for each day the contravention
continues, (7), s. 15(2); in the Province of Newfoundland, the sanctions are
increased, (15), s. 63; in Quebec, (26), s. 140.
Endnote 389
(1), s. 451.
Endnote 390
(2), s. 609.
Endnote 391
(1), s. 170.
Endnote 392
(2), s. R.154-1, in the event of a recurrence, the fine will be higher and a
prison sentence may be imposed on an employer who infringes the provisions
respecting minimum wages.
Endnote 393
(1), s. 236.
Endnote 394
(1), s. 12(1).
Endnote 395
(3), s. 40.
Endnote 396
(2), s. 1004.
Endnote 397
(1), s. 4.
Endnote 398
(1), s. 50(5).
Endnote 399
(2), s. 180.
Endnote 400
Convention No. 26, Art. 4, para. 2; Convention No. 99, Art. 4, para. 2; and
Convention No. 131, Art. 5, in broad terms, although the concept is made more
specific by the supplementary Recommendation.
Endnote 401
Recommendation No. 30, Part IV, Para. 3; Recommendation No. 89, Part IV, Para.
11; and Recommendation No. 134, Part VI, Para. 14(d).
Endnote 402
In this connection the Committee emphasises the usefulness of workers being
able to express their views on the existence of a suitable procedure for the
recovery of sums outstanding in respect of the minimum wage. This was
reiterated in an observation made by one of the workers' organisations of
Spain, the Comisiones Obreras, in its comments annexed to the report which the
Government sent under article 19.
Endnote 403
(2) ss. 1 et seq. In cases of rights under collective agreements, specific
procedural standards are established, (1), ss. 128 and 129.
Endnote 404
(4), ss. 12 et seq.
Endnote 405
(18), s. 1.
Endnote 406
(1), s. 179.
Endnote 407
(3), s. 92(2) and (3).
Endnote 408
(6), s. 17.20.
Endnote 409
(7), s. 52.
Endnote 410
(8), ss. 29, 96 and 97(1).
Endnote 411
(9), ss. 83(1)(d), and (4), and 114(2).
Endnote 412
Where according to information provided by the Government, workers may take
the matter to the labour and social affairs court to obtain the statutory
minimum wage. The Act respecting homework contains similar provisions, ss. 53
and 54.
Endnote 413
According to the information provided by the Government, a worker who receives
a wage below the minimum growth wage may make a complaint to the respective
labour inspector or labour courts.
Endnote 414
(1), s. 157.
Endnote 415
Under the law, (2), s. 118, all wage-earners receiving an amount less than the
minimum wage are entitled to claim from the employer the difference with
respect to the established minimum wage, irrespective of the provisions of any
contract or agreement to the contrary. Furthermore, any dispute concerning the
matter must be settled in accordance with the established procedure, (2), ss.
837 et seq.
Endnote 416
(2), ss. 357 et seq.
Endnote 417
(1), ss. 169 to 204.
Endnote 418
(1), ss. 138 and 139.
Endnote 419
(1) ss. 258 and 259.
Endnote 420
Alberta, (3), ss. 92-94 and 110; British Columbia, (5), ss. 14, 15(1), 80, 82
and 83; Manitoba, (7), s. 15(3); however, under s. 21 of the same Act, workers
may seek the recovery of wages due from an employer by action in a court of
competent jurisdiction; New Brunswick, (11), ss. 61, 62, 73 and 75;
Newfoundland, (15), ss. 58 and 64; Nova Scotia, (18), ss. 21, 56 and 90;
Ontario, (20), s. 47(1)(c); Prince Edward Island, (24), ss. 90(2) and 99(1)(d)
and (2)(b); Quebec, (26), ss. 39(4), 98, 102 et seq.; Saskatchewan, (28), ss.
68 and 87; similar provisions are to be found in the legislation of the
Territories: Northwest Territories, (33), ss. 39(6) and (7), 43(1) and 44(1)
and (2), the Yukon Territory, (35), ss. 69, 75(1) and (5) and 101(1).
Endnote 421
(26), s. 112.
Endnote 422
(1), ss. 180 and 208.
Endnote 423
(1), ss. 10, 244 et seq.
Endnote 424
(5), ss. 2 et seq.
Endnote 425
(1), ss. 149 et seq.
Endnote 426
According to the legislation, (2), s. 308, the responsibility for
infringements of labour legislation is enforceable by administrative and where
applicable penal measures, in accordance with the provisions of the respective
legislation.
Endnote 427
(1), ss. 395 et seq.
Endnote 428
(1), ss. 179 et seq.
Endnote 429
(1), ss. 448 et seq.
Endnote 430
(2), s. 603.
Endnote 431
(2), ss. L.511-1 et seq.
Endnote 432
(1), ss. 211 et seq.
Endnote 433
(2), ss. 321 et seq.
Endnote 434
(1), ss. 157 et seq.
Endnote 435
(1), ss. 5 and 39, (2), ss. 16 and 32, and (3). At all events, according to
the labour legislation, s. 115, the procedure governing the recovery of sums
due in respect of wages is regulated by standards governing civil procedures.
Endnote 436
(1), s. 11.
Endnote 437
(1), ss. 10 et seq.
Endnote 438
(2), ss. 685 et seq. Furthermore, s. 1003 stipulates that both workers and
employers, trade unions, and federations and confederations of both workers
and employers may report to the labour authorities infringements of labour
standards.
Endnote 439
(1), ss. 40 and 41.
Endnote 440
(2), ss. 520 et seq.
Endnote 441
(3), s. 24.
Endnote 442
According to the information provided by the Government.
Endnote 443
According to the information provided by the Government.
Endnote 444
(1), ss. 66 to 68.
Endnote 445
According to the information provided by the Government, in addition to the
normal channels used to settle disputes, workers may also make use of the
procedure established in section 8 of the circular of 1976.
Endnote 446
(1), s. 6.
Endnote 447
In application of the Act respecting legal procedure.
Endnote 448
(1), ss. 188 et seq., and (2), ss. 217 et seq.
Endnote 449
(1), ss. 183 et seq.
Endnote 450
(1), ss. 198 et seq.
Endnote 451
In accordance with the information provided by the Government.
Endnote 452
The federal legislation, (1), s. 16(b), and that of some States of the Union
frequently establishes an administrative procedure with the participation of
the competent authority responsible for the application of labour standards,
which may require the employer to pay the sum due in respect of the minimum
wage, irrespective of whether provision is made otherwise for recourse by
workers to other jurisdictions to recover the sums due to them in respect of
wages: Alaska (3), s. 23.10.110; Arizona (5), s. 23-327; Arkansas (6), s.
11-4-218; California (7), ss. 1195 and 1995.5; Colorado (8), ss. 8-106-8,
8-6-115 and 8-6-117; Connecticut (9), s. 31-68; Delaware (10), ss. 910 and
911(a) and (b); Georgia (12), s. 34-4-6; Hawaii (13), s. 387-12; Idaho (14),
s. 44-1508(2); Illinois (15), s. 1012(a) and (b); furthermore specific
procedures are established in the case of workers receiving a wage lower than
the fixed rate, irrespective of whether the worker is a woman or a minor, s.
198.16: Indiana (16), s. 22-2-29; Kansas (17), s. 44-1211(a) and (b); Kentucky
(18), s. 337.385(1) and (2); Maine (20), ss. 670 and 671; Maryland (21), s. 90
and (2), ss. 09.12.42.09(C)(5)(c) and 09.12.42.12(C) and (D); Massachusetts
(23), s. 20; Michigan (24), s. 408.393; Montana (28), s. 39-3-403; Nebraska
(29), s. 48-1206, (1) and (3) to (5); Nevada (30), 5.608.260; New Hampshire
(31), s. 279:29; New Jersey (32), s. 34:11-56a25; New York (33), ss. 198 and
663; New Mexico (34), s. 50-4-26(B); North Carolina (35), ss. 95-25-16(c) and
95-25.20; Ohio (36), s. 4111.10(A); Oklahoma (37), s. 197.10; Oregon (38), s.
653.055(1) and (3); Pennsylvania (39), s. 331(o); Puerto Rico (41), s. 246(d);
Rhode Island (43), s. 28-12-19; South Dakota (44), s. 60-11-4; Texas (45), s.
13(a) and (b); Vermont (48), s. 392; Virginia (49), s. 40.1-28.12; this
provision also establishes that the employer must pay 8 per cent per year of
the amount of the unpaid wage; Washington (50), s. 49.46.090(1) and (2); West
Virginia (52), s. 21-5C-8(a) to (d); Wisconsin (54), ss. 111.322(2m) and
104.12; Wyoming (55), ss. 27-4-204, 27-4-502, 27-4-506 and 27-4-508; and in
the District of Columbia (11), ss. 36-210 and 36-215.
Endnote 453
(2), s. 80.
Endnote 454
(1), ss. 63 et seq.
Endnote 455
A worker who has received a wage below the minimum may make a complaint to the
Government, (2), s. 21.
Endnote 456
Specific procedures are established for the recovery of outstanding sums in
respect of the minimum wage and the application of sanctions in the event of
infringements of the standards applicable to such wages.
Endnote 457
According to the information provided by the Government, workers may present a
complaint to the special agencies of the labour affairs departments or to the
arbitration committees of the enterprises or directly to the labour
arbitration committees. Furthermore, workers may also appeal to the courts.
Endnote 458
(2), s. 13, the highest authority of the Land or any body it may designate may
order an employer who fails to observe the minimum conditions of employment to
satisfy existing claims within a time specified in the order and to produce
documentary evidence that he has done so. Furthermore, (2), s. 14, stipulates
the said authorities may prosecute on their own behalf employees' claims based
on minimum conditions of employment. The decision which is issued for this
purpose will also be binding on the worker, whether it is in his favour or
not. In the case of homeworkers, the legislation ((3), ss. 24 and 25)
stipulates similar provisions.
Endnote 459
The recovery of the sums which the employer owes the worker in respect of the
minimum wage or the existing difference is affected by summary proceedings,
(3), s. 39.
Endnote 460
(1), ss. 6 to 9.
Endnote 461
(1), s. 29(2) et seq.
Endnote 462
(1), ss. 12 and 34.
Endnote 463
(1), s. 157(2).
Endnote 464
(1), ss. 9(2) and 15(5).
Endnote 465
(3), s. 18(2).
Endnote 466
(1), s. 13, and (5), s. 17(5).
Endnote 467
(1), s. 20.
Endnote 468
(1), ss. 15 and 16.
Endnote 469
(1), ss. 6 et seq.
Endnote 470
(1), ss. 15 et seq.
Endnote 471
(1), ss. 14 et seq.
Endnote 472
(1), s. 30(4).
Endnote 473
(1), s. 97(4).
Endnote 474
(1), s. 11(3)(b) and (4).
Endnote 475
(1), ss. 51 to 53.
Endnote 476
(2), ss. 11 and 11A.
Endnote 477
(1), ss. 3(2), 6(4) and (5), and (3), s. 12(2).
Endnote 478
(1), s. 9-A.
Endnote 479
(2), s. 129.
Endnote 480
(1), s. 44(3) and (4), and (2), s. 52(2) and (3).
Endnote 481
(1), s. 15(3) and (4).
Endnote 482
(1), s. 25.
Endnote 483
(1), ss. 14 and 15.
Endnote 484
As regards industry and trade; England, Wales and Scotland (1), s. 16,
Northern Ireland (2), s. 17. As regards agriculture, England and Wales (3), s.
4, Scotland (4), s. 4, and Northern Ireland (5), s. 9.
Endnote 485
(1), ss. 4(5) and 6(1) and (2).
Endnote 486
(1), s. 20(4) to (6).
Endnote 487
(1), s. 4.
Endnote 488
(2), s. 44(2).
Endnote 489
United Kingdom: as regards industry and trade, England, Wales and Scotland
(1), s. 16(7), Northern Ireland (2), s. 17(7). In the field of agriculture,
England and Wales (3), s. 4(4), Scotland (4), s. 4(4), and Northern Ireland
(5), s. 9(9).
Endnote 490
(1), ss. 12 and 34.
Endnote 491
(1), s. 157(2).
Endnote 492
(1), ss. 13 and (5), s. 17(5).
Endnote 493
(1), s. 20.
Endnote 494
(1), ss. 6 et seq.
Endnote 495
(1), ss. 15 et seq.
Endnote 496
(1), ss. 14 et seq.
Endnote 497
(1), s. 30(4).
Endnote 498
(1), s. 11(3)(b) and (4).
Endnote 499
(1), ss. 29(2) et seq.
Endnote 500
(1), s. 25.
Endnote 501
Convention No. 26, Article 4, para. 1; Convention No. 99, Article 4, para. 1;
and Convention No. 131, Article 5.
Endnote 502
Recommendation No. 30, Part IV; Recommendation No. 89, Part IV; and
Recommendation No. 135, Part VI.
Endnote 503
See para. 358.
Endnote 504
See para. 359.
Endnote 505
See paras. 370 and 371.
Legislation
See related national legislation from Natlex
Romania: Labour Code
Cross references
Constitution: Article 19
Constitution: Article 22
Constitution: Article 35
Conventions: C081 Labour Inspection Convention, 1947
Conventions: C095 Protection of Wages Convention, 1949
Conventions: C117 Social Policy (Basic Aims and Standards) Convention, 1962
Conventions: C129 Labour Inspection (Agriculture) Convention, 1969