1992, Minimum Wages: V. Minimum wage enforcement measures


Description:(General Survey)
Convention:C026
Convention:C099
Convention:C131
Recommendation:R030
Recommendation:R089
Recommendation:R135
Subject classification: Minimum Wage
Document:(Report III Part 4B)
Session of the Conference:79
Subject: Wages
Display the document in:  French   Spanish
Document No. (ilolex): 251992G07

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)

349. In some countries it is provided generally that wages shall be paid in cash, as is the case in Australia, in Queensland (Endnote 10) and Victoria, (Endnote 11) Chile, (Endnote 12) Cuba (Endnote 13) Egypt, (Endnote 14) Guatemala, (Endnote 15) Malta, (Endnote 16) Namibia, (Endnote 17) Netherlands, (Endnote 18) Philippines, (Endnote 19) Qatar, (Endnote 20) Saudi Arabia, (Endnote 21) Singapore (Endnote 22) and Sri Lanka. (Endnote 23)

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.

353. In other countries, however, the legislation explicitly or implicitly allows part of the minimum wage to be paid in kind, as in Austria, as regards wages in agriculture; (Endnote 56) Brazil; (Endnote 57) Botswana, (Endnote 58) Canada, at the federal level, (Endnote 59) and in Alberta, (Endnote 60) British Columbia, (Endnote 61) and Manitoba; (Endnote 62) in New Brunswick, (Endnote 63) there would appear to be no provision which expressly permits the payment of the minimum wage in kind, but the Employment Standards Act stipulates that the competent authority may by regulation fix the maximum amount that may be deducted from the minimum wage for the furnishing, inter alia, of board, uniforms or other services; Newfoundland; (Endnote 64) similar provisions exist in the legislation of Nova Scotia; (Endnote 65) Ontario; (Endnote 66) Prince Edward Island; (Endnote 67) Quebec; (Endnote 68) Saskatchewan. (Endnote 69) Provisions respecting the form of payment of the minimum wage are also contained in the legislation of the Canadian Federal Territories: the Northwest Territories; (Endnote 70) and the Yukon Territory; (Endnote 71) Chad; (Endnote 72) Colombia; (Endnote 73) Fiji; (Endnote 74) France; (Endnote 75) India; (Endnote 76) Kenya; (Endnote 77) Lesotho; (Endnote 78) Malawi; (Endnote 79) Morocco; (Endnote 80) Mauritius; (Endnote 81) Myanmar; (Endnote 82) Nepal; (Endnote 83) New Zealand; (Endnote 84) Pakistan; (Endnote 85) Papua New Guinea; (Endnote 86) Peru; (Endnote 87) Poland; (Endnote 88) Portugal; (Endnote 89) Rwanda; (Endnote 90) Syrian Arab Republic; (Endnote 91) Togo; (Endnote 92) Tunisia; (Endnote 93) Uganda, (Endnote 94) United Kingdom; (Endnote 95)

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.

358. In some States minimum wage rates are published in the official gazettes in accordance with the provisions of legislation or other applicable legal texts, or as a matter of practice. It can therefore be assumed, and in fact this appears to be the case, that even in those States where no information is available, either because there is no legal provision which serves as a basis for the publication of the minimum wage rates adopted, or because the government has not included anything in the information communicated, minimum wage rates are generally published in the official gazette of the State. The Committee will therefore limit itself to noting those cases in which the necessary information has been obtained, without prejudice to those concerning which no information is available. Minimum wage rates are published in official gazettes in Algeria; (Endnote 98) Australia, at the federal level, (Endnote 99) and in New South Wales, (Endnote 100) Western Australia (Endnote 101) and Victoria; (Endnote 102) Austria; (Endnote 103) Bangladesh; (Endnote 104) Barbados; (Endnote 105) Botswana; (Endnote 106) Canada, in the Province of Quebec; (Endnote 107) Chad; (Endnote 108) Chile; (Endnote 109) Côte d'Ivoire; (Endnote 110) Dominican Republic; (Endnote 111) Ecuador; (Endnote 112) France; (Endnote 113) Ghana; (Endnote 114) Guyana; (Endnote 115) Honduras; (Endnote 116) India; (Endnote 117) Israel; (Endnote 118) Japan; (Endnote 119) Kenya; (Endnote 120) Lesotho; (Endnote 121) Luxembourg; (Endnote 122) Malta; (Endnote 123) Mauritius; (Endnote 124) Mexico; (Endnote 125) Namibia; (Endnote 126) Nepal; (Endnote 127) Nigeria; (Endnote 128) Netherlands; (Endnote 129) Pakistan; (Endnote 130) Panama; (Endnote 131) Papua New Guinea; (Endnote 132) Poland; (Endnote 133) Portugal; (Endnote 134) Romania; (Endnote 135) San Marino; (Endnote 136) Spain; (Endnote 137) Sri Lanka; (Endnote 138) Swaziland; (Endnote 139) Syrian Arab Republic; (Endnote 140) Trinidad and Tobago; (Endnote 141) Uganda; (Endnote 142) United Kingdom; (Endnote 143) Yugoslavia; (Endnote 144) and Zimbabwe. (Endnote 145)

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.

365. Many States prescribe that the supervision of the enforcement of the provisions respecting minimum wages is the responsibility of the labour authorities: Argentina; (Endnote 209) Australia, at the federal level (Endnote 210) and in New South Wales; (Endnote 211) Belarus; (Endnote 212) Benin; (Endnote 213) Bulgaria; (Endnote 214) Burundi; (Endnote 215) Central African Republic; (Endnote 216) Chile; (Endnote 217) China; (Endnote 218) Colombia; (Endnote 219) Cuba; (Endnote 220) Czechoslovakia; (Endnote 221) Dominican Republic; (Endnote 222) Fiji; (Endnote 223) Finland; (Endnote 224) France, in the overseas departments and territories; (Endnote 225) Germany; (Endnote 226) Iceland; (Endnote 227) Israel; (Endnote 228) Italy; (Endnote 229) Mozambique; (Endnote 230) Namibia; (Endnote 231) Nicaragua; (Endnote 232) Nigeria; (Endnote 233) Pakistan; (Endnote 234) Panama; (Endnote 235) Peru; (Endnote 236) Philippines; (Endnote 237) Qatar; (Endnote 238) Romania; (Endnote 239) San Marino; (Endnote 240) Syrian Arab Republic; (Endnote 241) Turkey; (Endnote 242) Uganda; (Endnote 243) Ukraine; (Endnote 244) In the United States, at the federal level, the legislation names the authority responsible for the application of the provisions respecting labour and minimum wages (Endnote 245), as it does in some states of the Union; (Endnote 246) and Zimbabwe. (Endnote 247)

366. The legislation of many States establishes in general terms that supervision is the responsibility of the labour inspectorate, and is established by the general labour legislation; in other cases, these powers are prescribed in legislation respecting minimum wages. These countries are: Saudi Arabia; Algeria; Australia, Queensland, (Endnote 248) Tasmania, (Endnote 249) Victoria, (Endnote 250) Western Australia; (Endnote 251) Austria; (Endnote 252) Bahamas; (Endnote 253) Belgium; (Endnote 254) Botswana; (Endnote 255) Brazil; (Endnote 256) Canada, at the federal level; (Endnote 257) in the provinces and territories, in which one of the labour authorities is responsible for supervising the appropriate application of the labour standards or appointing officials to carry out this task: Alberta; (Endnote 258) British Columbia; (Endnote 259) Manitoba; (Endnote 260) New Brunswick; (Endnote 261) Newfoundland; (Endnote 262) Nova Scotia; (Endnote 263) Ontario; (Endnote 264) Prince Edward Island; (Endnote 265) Quebec; (Endnote 266) Saskatchewan; (Endnote 267) Northwest Territories; (Endnote 268) Yukon Territory; (Endnote 269) Côte d' Ivoire; (Endnote 270) Djibouti; (Endnote 271) Dominica; (Endnote 272) Ecuador; (Endnote 273) Egypt; (Endnote 274) Equatorial Guinea; (Endnote 275) France; (Endnote 276) Gabon; (Endnote 277) Ghana; (Endnote 278) Guatemala; (Endnote 279) Guinea; (Endnote 280) Guyana; (Endnote 281) Honduras; (Endnote 282) India; (Endnote 283) Indonesia; (Endnote 284) Islamic Republic of Iran; (Endnote 285) Japan; (Endnote 286) Kenya; (Endnote 287) Jamaica; (Endnote 288) Lesotho; (Endnote 289) Malawi; (Endnote 290) Malta; (Endnote 291) Mauritania; (Endnote 292) Mauritius; (Endnote 293) Mexico; (Endnote 294) Morocco; (Endnote 295) Nepal; (Endnote 296) New Zealand; (Endnote 297) Papua New Guinea; (Endnote 298) Poland; (Endnote 299) Portugal; (Endnote 300) Rwanda; (Endnote 301) Singapore; (Endnote 302) Spain; (Endnote 303) Sri Lanka; (Endnote 304) Sudan; (Endnote 305) Swaziland; (Endnote 306) Togo; (Endnote 307) Trinidad and Tobago; (Endnote 308) Tunisia; (Endnote 309) United Kingdom; (Endnote 310) Yugoslavia; (Endnote 311) and Zambia. (Endnote 312)

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)

375. The legislation of practically all States includes provisions laying down sanctions - both fines and imprisonment - in the event of infringement of the standards respecting wages in general, without specific reference to minimum wages, although it is understood that they cover the latter. Such is the case in: Angola; (Endnote 339) Australia, at the federal level; (Endnote 340) and in New South Wales, (Endnote 341) Queensland, (Endnote 342) Tasmania, (Endnote 343) and Victoria, (Endnote 344) Western Australia; (Endnote 345) Austria; (Endnote 346) Bulgaria; (Endnote 347) Canada, at the federal level, (Endnote 348) as well as in some provinces; (Endnote 349) Chad; (Endnote 350) Chile; (Endnote 351) Colombia; (Endnote 352) Côte d'Ivoire; (Endnote 353) Cuba; (Endnote 354) Dominican Republic; (Endnote 355) Ecuador; (Endnote 356) Egypt; (Endnote 357) See also Equatorial Guinea; (Endnote 358) Guatemala; (Endnote 359) Iceland; (Endnote 360) Mozambique; (Endnote 361) Nepal; (Endnote 362) Poland; (Endnote 363) Romania; (Endnote 364) San Marino; (Endnote 365) Saudi Arabia; (Endnote 366) Spain; (Endnote 367) Sudan; (Endnote 368) Togo; (Endnote 369) Tunisia; (Endnote 370) in the United States, at the federal level in the event of infractions provision is made for both pecuniary sanctions and imprisonment (Endnote 371) although some States provide only for pecuniary sanctions. (Endnote 372), whereas in others, according to the legislation, in addition to the pecuniary sanction the employer may also be subject to imprisonment; (Endnote 373) and Zambia. (Endnote 374)

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.

380. The prescribed sanctions are increased in the event of a repetition of the offence, for example in Algeria; (Endnote 384) Brazil; (Endnote 385) Benin; (Endnote 386) Burundi; (Endnote 387) Canada; (Endnote 388) Chile; (Endnote 389) Ecuador; (Endnote 390) Egypt; (Endnote 391) France; (Endnote 392) Guinea (Endnote 393) Guyana; (Endnote 394) Honduras; (Endnote 395) Mexico; (Endnote 396) Morocco; (Endnote 397) Namibia; (Endnote 398) and Panama. (Endnote 399)

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.

384. The recovery of outstanding sums in respect of minimum wages, or the difference between the wage paid and the amount which should have been received, is explicitly or implicitly established in the legislation of most of the States which provided information. In the majority of them, the procedural channels are those normally established for cases of labour disputes, as for example in Algeria; (Endnote 403) Angola; (Endnote 404) Argentina; (Endnote 405) Australia, at the federal level, (Endnote 406) and in New South Wales, (Endnote 407) Queensland, (Endnote 408) Tasmania (Endnote 409) and Victoria; (Endnote 410) Western Australia; (Endnote 411) Austria; (Endnote 412) Benin; (Endnote 413) Botswana; (Endnote 414) Brazil; (Endnote 415) Bulgaria; (Endnote 416) Burundi; (Endnote 417) Cameroon; (Endnote 418) Canada, at the federal level, (Endnote 419) and in some provinces, where the initial proceedings are dealt with by the labour authority responsible for supervising labour standards or the official appointed for this purpose, before being placed before a court, in the event that the employer in question fails to respect the established provisions; (Endnote 420) special emphasis should be placed on the case of Quebec where the Act stipulates (Endnote 421) that the Commission may make the payment of the wage due to the worker if the employer does not do so within certain limits and time. A provision of this nature fully guarantees a worker's right to obtain the wage for the work carried out or services provided. See also: Central African Republic; (Endnote 422) Chad; (Endnote 423) Colombia; (Endnote 424) Côte d'Ivoire; (Endnote 425) Cuba; (Endnote 426) Chile; (Endnote 427) Djibouti; (Endnote 428) Dominican Republic; (Endnote 429) Ecuador. (Endnote 430) France; (Endnote 431) Gabon; (Endnote 432) Guatemala; (Endnote 433) Islamic Republic of Iran; (Endnote 434) Japan; (Endnote 435) Morocco; (Endnote 436) Mauritania; (Endnote 437) Mexico; (Endnote 438) Nepal; (Endnote 439) Panama; (Endnote 440) Peru; (Endnote 441) Poland; (Endnote 442) Portugal; (Endnote 443) Qatar; (Endnote 444) Rwanda; (Endnote 445) San Marino; (Endnote 446) Spain; (Endnote 447) Syrian Arab Republic; (Endnote 448) Togo; (Endnote 449) Tunisia; (Endnote 450) Turkey; (Endnote 451) United States; (Endnote 452) Yugoslavia. (Endnote 453)

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).

387. In the Solomon Islands the legislation makes provision for specific procedure regarding the recovery of outstanding sums in respect of the minimum wage, and for the compensation for lower amounts paid in this respect and the sum which should actually have been paid. Furthermore, the procedure followed in this case does not prejudice the worker's right to take the matter to the civil courts or pursue other means established for the purpose of obtaining the payment of the statutory minimum wage. (Endnote 461) Similar provisions are to be found in the legislation of Bahamas; (Endnote 462) Botswana; (Endnote 463) Fiji; (Endnote 464) Ghana; (Endnote 465) Guyana; (Endnote 466) India; (Endnote 467) Kenya; (Endnote 468) Jamaica; (Endnote 469) Lesotho. (Endnote 470) Malawi; (Endnote 471) Malta; (Endnote 472) Mauritius. (Endnote 473) See also: Myanmar; (Endnote 474) Namibia; (Endnote 475) New Zealand; (Endnote 476) Nigeria; (Endnote 477) Pakistan; (Endnote 478) Philippines; (Endnote 479) Sri Lanka; (Endnote 480) Swaziland; (Endnote 481) Trinidad and Tobago; (Endnote 482) Uganda; (Endnote 483) United Kingdom; (Endnote 484) Zambia; (Endnote 485) and Zimbabwe. (Endnote 486)

388. In Iceland, the legislation (Endnote 487) prescribes that the action taken to obtain the payment of wages under the law respecting the protection of wages may be dealt with, at the request of the workers, as private police cases. In the same country, the legislation concerning trade unions and industrial disputes contains provisions concerning the settlement of disputes resulting from the non-respect of contracts of employment. (Endnote 488)

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.


Endnotes

Endnote 1

See: ILO: Blue Report, ILC, 11th Session, Geneva, 1928, pp. 120-125; ILO: Blue Report, ILC, 10th Session, Geneva, 1927, pp. 44-47; ILO: Report VII(1), ILC, 33rd Session, Geneva, 1950, pp. 28-29; ILO: Report VII(1), ILC, 53rd Session, Geneva, 1968, pp. 46-55; Report of the Meeting of Experts of 1967, paras. 88 to 92 and 121 to 124.

Endnote 2

Blue Report, ILC, 11th Session, Geneva, 1929, p. 121.

Endnote 3

See ILO: Report VII(1), ILC, 33rd Session, Geneva, 1950, pp. 39-40.

Endnote 4

See Record of Proceedings, ILC, 33rd Session, Geneva, 1950, p. 525.

Endnote 5

See Report of the Meeting of Experts of 1967, para. 121.

Endnote 6

See: Report VII(1), ILC, 53rd Session, Geneva, 1968, pp. 46 and 60.

Endnote 7

Report V(1), ILC, 54th Session, Geneva, 1970, p. 10.

Endnote 8

See Record of Proceedings, ILC, 53rd Session, Geneva, 1970, pp. 467-473.

Endnote 9

Article 11, para. 7.

Endnote 10

(6), s. 17.16(4).

Endnote 11

(8), ss. 82 and 83.

Endnote 12

(1), s. 50; according to explanations given by the Government and in accordance with s. 11 of Decree No. 97 and s. 8 of Legislative Decree No. 670; however, under s. 90 of the Labour Code, wages of agricultural workers may be paid in cash and kind, although the latter may not exceed 50 per cent of remuneration.

Endnote 13

(2), s. 123.

Endnote 14

(1), s. 33.

Endnote 15

(2), s. 90; however, the same section provides that up to 30 per cent of the wage of rural workers may be paid in the form of articles for personal and immediate consumption by the worker or his family, provided the employer provides them at cost price or less.

Endnote 16

(1), ss. 2(1), and 16(1); however, the latter section, which provides that except where otherwise expressly permitted by the provisions of this Act, the entire amount of the wages earned by, or payable to, any employee shall be paid to him in money being legal tender in Malta, suggests that part of the wage may be paid in kind, although nothing indicates that this is in fact the case.

Endnote 17

(1), s. 9(p).

Endnote 18

(1), s. 6.

Endnote 19

(2), s. 102.

Endnote 20

(1), s. 29(a).

Endnote 21

(1), s. 116.

Endnote 22

(1), s. 53.

Endnote 23

(1), s. 2(a), and (2), s. 19(1)(a).

Endnote 24

(3), s. 92(1)(a) in conjunction with s. 20(1)(h).

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 250

(8), ss. 87 et seq.

Endnote 251

(9), s. 98.

Endnote 252

Although the Act respecting labour inspection, s. 2(6), gives express power to the labour inspectors to monitor the payment of minimum wages. Furthermore, the same Act, s. 1(2), excludes from its scope agricultural work, for which special provisions have been established. The Act respecting homework refers explicitly (s. 52) to the obligation of labour inspectors to monitor compliance of such provisions in respect of these workers. Finally, according to the information provided by the Government, the supervisory functions are shared between the federal authorities and the provincial governments.

Endnote 253

(1), ss. 27 et seq.

Endnote 254

(1), ss. 52-55, and (2), ss. 37 and 38.

Endnote 255

(1), ss. 4 and 11; furthermore, the Government has stated that the enforcement of the standards respecting minimum wages is the responsibility of the labour inspectors; however, reference is also made to the document adopted by the National Assembly (Government Paper No. 1 of 1990, p. 25, Recommendation 3.38), which states that this task must be shared with workers.

Endnote 256

In accordance with the information received, the federal labour inspection system is responsible for the enforcement of legislation respecting minimum wages.

Endnote 257

(1), ss. 249-251.

Endnote 258

(3), s. 15.

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


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