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C131 Minimum Wage Fixing Convention, 1970 
</font></h3></b><font size=-2>
Convention concerning Minimum Wage Fixing, with Special Reference to
Developing Countries 
(Note: Date of coming into force: 29:04:1972.) 
<br>Convention:C131 
<br>Place:Geneva 
<br>Session of the Conference:54 
<br>Date of adoption:22:06:1970 
<br>Subject classification: Minimum Wage
<br>
      <br>
      Status: Up-to-date instrument subject to a request for information 
 
</FONT><p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
Having been convened at Geneva by the Governing Body of the International 
Labour Office, and having met in its Fifty-fourth Session on 3 June 1970, and<p>
<p>
Noting the terms of the Minimum Wage-Fixing Machinery Convention, 1928, and 
the Equal Remuneration Convention, 1951, which have been widely ratified, as 
well as of the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951, 
and<p>
<p>
Considering that these Convention have played a valuable part in protecting 
disadvantaged groups of wage earners, and<p>
<p>
Considering that the time has come to adopt a further instrument complementing 
these Conventions and providing protection for wage earners against unduly low 
wages, which, while of general application, pays special regard to the needs 
of developing countries, and<p>
<p>
Having decided upon the adoption of certain proposals with regard to minimum 
wage fixing machinery and related problems, with special reference to 
developing countries, which is the fifth item on the agenda of the session, 
and<p>
<p>
Having determined that these proposals shall take the form of an international 
Convention,<p>
<p>
adopts the twenty-second day of June of the year one thousand nine hundred and 
seventy, the following Convention, which may be cited as the Minimum Wage 
Fixing Convention, 1970:<p>
<p>
<p> 
<p>
Article 1<p>
1. Each Member of the International Labour Organisation which ratifies this 
Convention undertakes to establish a system of minimum wages which covers all 
groups of wage earners whose terms of employment are such that coverage would 
be appropriate.<p>
<p>
2. The competent authority in each country shall, in agreement or after full 
consultation with the representative organisations of employers and workers 
concerned, where such exist, determine the groups of wage earners to be 
covered.<p>
<p>
3. Each Member which ratifies this Convention shall list in the first report 
on the application of the Convention submitted under article 22 of the 
Constitution of the International Labour Organisation any groups of wage 
earners which may not have been covered in pursuance of this Article, giving 
the reasons for not covering them, and shall state in subsequent reports the 
positions of its law and practice in respect of the groups not covered, and 
the extent to which effect has been given or is proposed to be given to the 
Convention in respect of such groups.<p>
<p>
Article 2<p>
1. Minimum wages shall have the force of law and shall not be subject to 
abatement, and failure to apply them shall make the person or persons 
concerned liable to appropriate penal or other sanctions.<p>
<p>
2. Subject to the provisions of paragraph 1 of this Article, the freedom of 
collective bargaining shall be fully respected.<p>
<p>
Article 3<p>
The elements to be taken into consideration in determining the level of 
minimum wages shall, so far as possible and appropriate in relation to 
national practice and conditions, include--<p>
 (a) the needs of workers and their families, taking into account the general 
level of wages in the country, the cost of living, social security benefits, 
and the relative living standards of other social groups;<p>
 (b) economic factors, including the requirements of economic development, 
levels of productivity and the desirability of attaining and maintaining a 
high level of employment.<p>
<p>
Article 4<p>
1. Each Member which ratifies this Convention shall create and/or maintain 
machinery adapted to national conditions and requirements whereby minimum 
wages for groups of wage earners covered in pursuance of Article 1 thereof can 
be fixed and adjusted from time to time.<p>
<p>
2. Provision shall be made, in connection with the establishment, operation 
and modification of such machinery, for full consultation with representative 
organisations of employers and workers concerned or, where no such 
organisations exist, representatives of employers and workers concerned.<p>
<p>
3. Wherever it is appropriate to the nature of the minimum wage fixing 
machinery, provision shall also be made for the direct participation in its 
operation of--<p>
 (a) representatives of organisations of employers and workers concerned or, 
where no such organisations exist, representatives of employers and workers 
concerned, on a basis of equality;<p>
 (b) persons having recognised competence for representing the general 
interests of the country and appointed after full consultation with 
representative organisations of employers and workers concerned, where such 
organisations exist and such consultation is in accordance with national law 
or practice.<p>
<p>
Article 5<p>
Appropriate measures, such as adequate inspection reinforced by other 
necessary measures, shall be taken to ensure the effective application of all 
provisions relating to minimum wages.<p>
<p>
Article 6<p>
This Convention shall not be regarded as revising any existing Convention.<p>
 <p>
Article 7<p>
   The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 8<p>
   1. This Convention shall be binding only upon those Members of the 
International Labour Organisation whose ratifications have been registered 
with the Director-General.<p>
<p>
   2. It shall come into force twelve months after the date on which the 
ratifications of two Members have been registered with the Director-General.<p>
<p>
   3. Thereafter, this Convention shall come into force for any Member twelve 
months after the date on which its ratifications has been registered.<p>
<p>
Article 9<p>
   1. A Member which has ratified this Convention may denounce it after the 
expiration of ten years from the date on which the Convention first comes into 
force, by an Act communicated to the Director-General of the International 
Labour Office for registration. Such denunciation should not take effect until 
one year after the date on which it is registered.<p>
<p>
   2. Each Member which has ratified this Convention and which does not, 
within the year following the expiration of the period of ten years mentioned 
in the preceding paragraph, exercise the right of denunciation provided for in 
this Article, will be bound for another period of ten years and, thereafter, 
may denounce this Convention at the expiration of each period of ten years 
under the terms provided for in this Article.<p>
<p>
Article 10<p>
   1. The Director-General of the International Labour Office shall notify all 
Members of the International Labour Organisation of the registration of all 
ratifications and denunciations communicated to him by the Members of the 
Organisation.<p>
<p>
   2. When notifying the Members of the Organisation of the registration of 
the second ratification communicated to him, the Director-General shall draw 
the attention of the Members of the Organisation to the date upon which the 
Convention will come into force.<p>
<p>
Article 11<p>
   The Director-General of the International Labour Office shall communicate 
to the Secretary-General of the United Nations for registration in accordance 
with Article 102 of the Charter of the United Nations full particulars of all 
ratifications and acts of denunciation registered by him in accordance with 
the provisions of the preceding Articles.<p>
<p>
Article 12<p>
   At such times as may consider necessary the Governing Body of the 
International Labour Office shall present to the General Conference a report 
on the working of this Convention and shall examine the desirability of 
placing on the agenda of the Conference the question of its revision in whole 
or in part.<p>
<p>
Article 13<p>
   1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides:<p>
<p>
a) the ratification by a Member of the new revising Convention shall ipso jure 
involve the immediate denunciation of this Convention, notwithstanding the 
provisions of Article 9 above, if and when the new revising Convention shall 
have come into force;<p>
<p>
b) as from the date when the new revising Convention comes into force this 
Convention shall cease to be open to ratification by the Members.<p>
   2. This Convention shall in any case remain in force in its actual form and 
content for those Members which have ratified it but have not ratified the 
revising Convention.<p>
<p>
Article 14<p>
   The English and French versions of the text of this Convention are equally 
authoritative.<p>
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