I n t e r n a t i o n a l Labour Conference

Document Sample
I n t e r n a t i o n a l Labour Conference Powered By Docstoc
					                                   Z5~ñ 355
        Topic: http://www.isknow.com/compensation
                                         FINAL VOTE

International          Labour           Conference

               SEVENTH SE8SION
               GENEVA - MAY 1926



       EQUALITY OF TREATMENT
FOR NATIONAL AND FOREIGN WORKERS
AS REGARDS WORKMEN'S COMPENSATION
           FOR ACCIDENTS
  Communications from Governments on the proposed Draft
  Convention and Recommendation provisionally adopted
          by the Sixth Session of the Conference.




                       GENEVA
              International Labour Office

                         1925



        Do you want know more? http://www.isknow.com
Topic: http://www.isknow.com/compensation




Do you want know more? http://www.isknow.com
             Topic: http://www.isknow.com/compensation




                   TABLE OF CONTENTS




Introduction                                                5
Part   I. — Communications from the Governments. . - 7-13
Part II. — Amendments proposed                       14-17
Appendix. — The proposed Draft Convention and Recom-
  mendation provisionally adopted by the Sixth Session
  of the Conference.                                     18




 TREATMENT




             Do you want know more? http://www.isknow.com
Topic: http://www.isknow.com/compensation




Do you want know more? http://www.isknow.com
          Topic: http://www.isknow.com/compensation




                     INTRODUCTION.



     In accordance with the provisional rules adopted at
 the Sixth Session of the International Labour Conference,
the International Labour Office on 4 August 1924
communicated to the Governments of the Members of
the Organisation the texts of the proposed Draft Con-
vention and Recommendation concerning equality of
treatment for national and foreign workers as regards
workmen's compensation for accidents adopted at a first
reading by the Conference in 1924. In its letter the
Office informed the Governments that, in virtue of the
provisional rules, it was open to them to address to the
Office not later than four months before the opening of
the Seventh Session of the Conference any amendments
which they considered necessary to facilitate ratification
by them of the proposed Draft Convention.
    In reply to this communication a number of Govern-
ments have submitted amendments which they propose
should be made to the Draft Convention. Others have
not proposed definite amendments but have submitted
observations on certain clauses of the provisional text.
The Office considered that these different communications
should be submitted in full to the Members of the
Organisation. As, however, it seemed clearer to publish
in separate reports the observations of the Governments
on each of the three proposed Draft Conventions adopted
in 1924, those of the communications received which
deal with more than one of the proposed Draft Con-
ventions have been divided up and the different parts



          Do you want know more? http://www.isknow.com
   Topic: http://www.isknow.com/compensation
                         — 6 —

allocated to the report dealing with the provisional text
which they respectively affect.
    Part I of the present report accordingly reproduces
the relevant parts of the communications received affecting
the proposed Draft Convention on equality of treatment.
     It would not appear to be within the province of the
Office to make any commentary on the amendments pro-
posed, but in order to facilitate the work of the Delegates
it has been thought useful in Part II to set out the amend-
ments opposite the Articles or paragraphs to which they
refer and give in a footnote references to the Final Record
of the Proceedings of the Sixth Session of the Conference.




   Do you want know more? http://www.isknow.com
           Topic: http://www.isknow.com/compensation
                            — 7 —




                           PART I.

COMMUNICATIONS            FROM       THE     GOVERNMENTS.




    Up to 19 January 1925, the day from which the
period of four months before the opening of the Seventh
Session of the Conference began, communications con-
taining amendments to or observations on the proposed
Draft Convention and Recommendation dealt with in
the present Report had been received by the Interna-
tional Labour Office from the Governments of the
following countries: Germany, Great Britain, Hungary,
India, Norway, South Africa.
    These communications are reproduced in the following
pages. 1

                           GERMANY

   E x t r a c t from a communication from t h e Ministry of
Labour dated, Berlin, 16 J a n u a r y 1925.
                           Translation
    Equality of treatment for national and foreign workers
without any condition as to residence, as laid down in principle
in the first"Article of the proposed Draft Convention undoubt-
edly meets considerations of equity. Such equality of treat-

     1
       Since 19 January the Office has also received communications
containing amendments and observations from a number of other
Government, but, in view of the terms of the decision of the
Conference, it has not seemed possible for the Office to take it
upon itself to include such communications in the present volume.
The Office has informed the Governments concerned that their
observations would be communicated separately to the Members
of the Organisation and that it would be for the Conference
itself to decide whether the amendments contained in these
communications were to be taken into consideration.



           Do you want know more? http://www.isknow.com
    Topic: http://www.isknow.com/compensation
                             — 8     -

ment may be secured by each Member for its subjects by ratifi-
cation of the Convention provided that it has already passed
an Act on workmen's compensation or that it passes such an
Act within three years from the date of ratification. In the
opinion of the German Government, the proposed Draft Con-
vention is incomplete in that it takes no account at all of the
provisions of the legislation in the different countries and in
particular of the scope, of its application as well as of the nature
and amount of the benefits. If, for example, there is quite a
rudimentary Act in a country which simply provides com-
pensation for accidents in one single industry, will the subjects
of that country on the strength of that Act have the right to
claim the full benefits of workmen's compensation in another
country in which perhaps all industries are covered by an
insurance scheme? Again, should an injured workman in
whose native country compensation is given only for accidents
happening in industrial undertakings, be really entitled to
claim compensation in another country if he meets with an
accident while employed in agriculture? Similarly, should a
payment of a small lump sum to the members of a deceased
workman's family be considered equivalent to a pension
which in some cases might be graduated over a considerable
number of years? These examples, which could be multiplied,
show that Article 3 of the proposed Draft Convention makes
it difficult for States which already have an up-to-date system
of insurance against accidents to adhere to the Convention — all
the more so because Article 3 might even cause States in which
accident insurance legislation is in its early stages but from which
there is considerable emigration to neglect to improve their own
legislation.
      In the opinion of the German Government the principle
of equality of treatment for national and foreign workers will
not be prejudiced by giving foreign workers who leave the
country a capital sum corresponding to the pension due to them
when this is done in the case of nationals leaving the country.
Experience shows that it is often so difficult to supervise persons
entitled to pensions who return to their own country that in
their own interests lump sum compensation is preferable. This
method of compensation, moreover, often meets the wishes
of the person concerned because the receipt of a considerable
lump sum of money enables him to acquire a farm or an industrial
concern and thus build up for himself an independent economic
 life.
     The German Government considers that the provisions of
    Article 1 of the Draft Convention can only apply to accidents
arising after the Convention is ratified. As far as can be
gathered, this question was not dealt with in the discussions of
the last Conference. In accordance with the practice generally



    Do you want know more? http://www.isknow.com
           Topic: http://www.isknow.com/compensation
                            — 9 —

followed in international agreements, it should be settled that
the Convention in no way applies to the past. To avoid any
misunderstanding, however, the German Government proposes
to add after the words "in its territory " in the first paragraph
of Article 1 the words "after ratification ".
                                           (signed)   NEITZEL.


                        GREAT BRITAIN

    E x t r a c t from a letter from t h e Ministry of Labour
dated, London, 12 J a n u a r y 1925.
    With regard to the Convention concerning equality of treat-
ment in workmen's compensation, it will be observed that the
amendment proposed is merely a drafting amendment, the
adoption of which will, it is considered, bring the English text
into closer correspondence with the French text.

    Amendment proposed b y the British Government:
Article 1 (second paragraph):
    Substitute for the words — "With regard to the payments "
down to the end of the paragraph — the following:
       "With regard to the payments which a Member may
    have to make outside its territory in the application of this
    principle the measures to be adopted shall be regulated by
   special arrangements between the Members concerned."
                                     (signed)   T. W. PHILLIPS.


                           HUNGARY

     E x t r a c t from a letter from t h e Royal Hungarian
Secretariat to t h e League of Nations dated, Geneva,
13 J a n u a r y 1925.
                            7 tanslaiion
    As regards the Draft Convention and Recommendation
concerning equality of treatment for national and foreign
workers as regards workmen's compensation for accidents, the
Minister of Social Affairs and Labour, within whose province
the matter lies, has no amendments to propose and is in agreement
with the provisional text. The Minister of Agriculture, who
is also concerned in the matter, states that he has no objection
to the principle of equality of treatment but, if the principle
of compensation for accidents should be extended to agricultural



           Do you want know more? http://www.isknow.com
   Topic: http://www.isknow.com/compensation
                            — 10 —

undertakings, the proposed Draft Convention should contain
special provisions concerning agricultural undertakings (prin-
cipal and accessory) seeing that they differ in character from
undertakings more specifically industrial.
                                (signed)   ZOLTAN BARANYAI.


                              INDIA

     Letter from the India Office dated, London, 30 De-
cember 1924.
    Sir,
    I am directed by the Secretary of State for India to inform
you that the Government of India have addressed a letter to
Provincial Governments consulting them in regard to the three
proposed Draft Conventions and the proposed Recommendation
which were provisionally approved by the Sixth International
Labour Conference with a view to final consideration at the
Seventh Conference.
    2. It is impossible for the Government of India to obtain
the considered views of local Governments in time to submit
amendments four months before the opening of the Seventh
Conference (as contemplated by the provisional rules adopted
by the Sixth Conference), and their letter was issued mainly
with a view to ensuring that their delegates to the next Con-
ference should be supplied with instructions based on full inform-
ation regarding the conditions in India and the possiblity of
applying to that country any proposals that might be made.
    3. At the same time, they recognise that it is desirable
that, so far as possible, early notice should be given of the
amendments to Draft Conventions provisionally approved by
the last Conference. The only Draft Convention to which the
Government of India desire to suggest any amendments at this
stage is the Draft Convention on equality of treatment in work-
men's compensation for accidents. On this, as on the other
Conventions, they will await the replies of local Governments
before reaching final conclusions. But provisionally they are
disposed to support the Draft Convention generally, with a
modification in the second part of Article 1, which reads as
follows :
        "This equality of treatment shall be guaranteed to foreign
    workers and their representatives without any condition
    as to residence; with regard to the payments which a Member
    would have to make outside its territory in the application
    of this principle, special arrangements shall be ma.de between
    the Members concerned regarding the measures to be
    adopted. "



   Do you want know more? http://www.isknow.com
            Topic: http://www.isknow.com/compensation
                            — 11 —

    4. The Government of India do not desire to'suggest any
discrimination in respect of the residence of injured workers;
but they anticipate some difficulty in the interpretation and
operation of the phrase, relating to "special arrangements".
It is obvious, in the first place, that while the power to enforce
all the other clauses in the Draft Convention rests with any
Member ratifying the Convention, the fulfilment of the obliga-
tion to make special arrangements depends on subsequent
agreements between States and there is no guarantee that
agreement will necessarily be reached on a disputed point.
But, further, it may prove, to öe the case that special arrange-
ments are unnecessary in some cases. Where, as in the case
of India, a State is separated by long distances from any other
State providing for workmen's compensation, arrangements
of the kind contemplated will be superfluous. Finally, much
the same ground is covered by the Recommendation on the
subject, which will come up for consideration at the Conference
and which should prove sufficient for the purpose.
    5. The Government of India, therefore, desire to give notice
of an amendment to the proposed Draft Convention in the
following terms:
        "That, in Article 1, all the words after 'as to residence '
    be omitted."
    They further desire to give notice of the following amend-
ment which should be regarded as an alternative to the above:
        "That, in Article 1, the words 'if necessary ' be inserted
    after the words 'special arrangements'."
                             I am, etc.
                                     (signed)   E. J. TURNER.


                            NORWAY

   Letter from the D e p a r t m e n t of Social Affairs dated,
Oslo, 5 J a n u a r y 1925.
    Sir,
    With reference to your letter of '1 August on the decisions
of the Sixth Session of the. International Labour Conference,
held at Geneva last summer, I have the honour to inform you
that the Ministry', taking note of your telegram of 6 December,
has now considered the Draft Convention and the Recommenda-
tion concerning equality of treatment for national and foreign
workers as regards workmen's compensation for accidents.
    The Ministry is of opinion that it would facilitate our rati-
fication of the said Convention if an amendment was made in



            Do you want know more? http://www.isknow.com
   Topic: http://www.isknow.com/compensation
                           — 12 —

the 2nd section of Article 1 to the effect that payment of com-
pensation :
   (a) to injured foreign workers who leave the country where
        the injury is suffered in order to take up residence
        in another country, and
   (b) to the representatives of injured foreign workers who
        do not reside in the country where the injury is suffered,
should be regulated by special agreements, based on reciprocity,
between the Members concerned.
   Moreover, to the first section of the Recommendation (I)
might be added another littera, inviting the Governments
to make such reciprocal agreements as suggested.
                            I have, etc.
                                  (signed) T H . G. THORSEN.

     In a subsequent communication to the Office the
D e p a r t m e n t of Social Affairs p u t the amendments
suggested above into definite form, as follows:
     Draft Convention, Article I, paragraph 2 : substitute
the following p a r a g r a p h :
    " This equality of treatment shall be guaranteed to foreign
workers and their representatives on condition of their residing
in the country where the injury is suffered. Payment of com-
pensation
     (a) to injured foreign workers who leave this country in
           order to take up residence in another country, and
     (b) to the representatives of injured foreign workers who do
           not reside in the country where the injury is suffered
shall be regulated by special agreements, based on reciprocity,
between the Members concerned."
     Draft Recommendation, Section I: insert a new paragraph
(a) before (a) in the t e x t adopted by the. 1924 Conference,
as follows:
     " Such reciprocal agreements as are mentioned in the said
Draft Convention, Article I, paragraph 2, be made between the
Members":
    the paragraphs in the text becoming (b), (c) and (d).
                        SOUTH A F R I C A
    E x t r a c t from a letter from the Secretary of Labour
dated, Pretoria, 10 December 1924.
    In connection with the first item (Equality of treatment for
national and foreign workers as regards workmen's compensation



   Do you want know more? http://www.isknow.com
            Topic: http://www.isknow.com/compensation
                           — 13 —

for accidents) it is considered that the definition of the term
 'industrial accidents " in Article 2 of the proposed Draft Con-
vention should be left to the various countries concerned.
    No comment with regard to the proposed Draft. Recommen-
dation appears to be necessary at the present stage in so far as
the Union of South Africa is concerned.
                                    (signed) C. W. COUSINS.



    A certain number of Governments have informed the
Office that they had no amendments to propose or
observations to make, but that they would be glad to
consider any amendments proposed by other Govern-
ments or would leave their delegates to the Conference to
pronounce on such amendments.
    The Chilian Government has indicated that it approves
the proposals adopted by the 1924 Conference.
    The Cuban Government has stated that it will leave
its delegates to vote on any amendments proposed.
    The French Government at first had the intention of
proposing an amendment to the provisional Draft Con-
vention. Beir.g desirous to facilitate the final adoption
of the Convention, however, it has withdrawn its amend-
ment but reserves to itself complete liberty of action in
case other Members should propose amendments analogous
to the one it originally intended to propose itself.
    The Irish Free State Government has appointed a
Departmental Commission to report on the best method
of dealing with workmen's compensation. Pending the
report of this Commission, the Government states that it
does not desire to offer any observations on the provisional
Draft Convention and Recommendation.




            Do you want know more? http://www.isknow.com
  Topic: http://www.isknow.com/compensation
                        — 14 —

                             PART     II.

               AMENDMENTS                   PROPOSED.


      The amendments to the provisional Draft Conven-
tion and Recommendation on equality of treatment pro-
posed in the communications from Governments repro-
duced in the preceding pages only affect the first Article
of the Convention and the first Section of the Recommen-
dation. For greater clearness, these amendments have
been extracted from t h e communications containing t h e m
and set out below in a parallel column to each of the
two paragraphs of t h e first Article and the paragraph of
the first Section to which they respectively refer. For
purposes of information notes are given at the foot of
t h e page containing references to the proceedings of the
1924 Conference on t h e three paragraphs concerned as
recorded in the Final Record of t h e proceedings of the
Conference, including references to t h e Report of the
special Commission on equality of t r e a t m e n t and to the
discussion which took place in the full Conference itself.

P R O P O S E D D R A F T CONVENTION CONCERNING EQUALITY
     OF TREATMENT FOR NATIONAL AND FOREIGN WORKERS
     AS REGARDS W O R K M E N ' S COMPENSATION FOR ACCIDENTS.

                              Article I.
    Text adopted by the 1924              Amendment proposed.
           Conference.
Paragraph I.1
   Each Member of the Inter-            After the words "in its ter-
national Labour Organisation ri tory " add the words 'after
which ratifies this Convention ratification ".
undertakes to gran t to workers                   (Germany.)
    1
      Reference to this paragraph will be found in the report of the
Commission on equality of treatment at the 1924 Conference (vide
Final Record of the proceedings of the Sixth Session of the Con-
ference, Vol. II, pp. 565-568) and in the discussion in full Conference
(ibid. Vol. I, pp. 169-174, 179-183).



  Do you want know more? http://www.isknow.com
             Topic: http://www.isknow.com/compensation
                              — 15 —

who are nationals of any other
Member which shall have, rati-
fied the Convention, and who
suffer personal injury by an
industrial accident happening
in its territory, or to the re-
presentatives of such workers,
the same treatment in respect
of workmen's compensation as
it grants to its own nationals.


                              Article     1.
   Text proposed by the 1924                   Amendments proposed.
          Conference.
Paragraph     II.á                          (1) Substitute the following
                                        paragraph :
   This equality of treatment               "This equality of treatment
shall be guaranteed to foreign          shall be guaranteed to foreign
workers and their representa-           workers and their represen-
tives without any condition as          tatives on condition of their
to residence; with regard to            residing in the country where
the payments which a Member             the injury is suffered. Pay-
would have to make outside              ment of compensation
its territory in the application        (a) to injured foreign workers
of this principle, special ar-               who leave this country in
rangements shall be made be-                 order to take up residence
tween the Members concerned                  in another country, and
regarding the measures to be            (ft) to the representatives of
adopted.                                     injured foreign workers who
                                             do not reside in the country
                                             where the injury is suffered
                                        shall be regulated by special
                                        agreements, based on recipro-
                                        city, between the Members
                                        concerned."
                                                    (Norway.)

                                      (2) Omit all the words after
                                    "as to residence": or insert
   2
      Reference to this paragraph will be found in the report of the
Commission on equality of treatment at the 1924 Conference (vide
Final Record of the proceedings of the Sixth Session of the Con-
ference, Vol. II, pp. 570-571) and in the discussion in full Conference
(ibid. Vol. I, pp. 164, 169, 182).



             Do you want know more? http://www.isknow.com
   Topic: http://www.isknow.com/compensation
                         — 16 —

                                   the words "if necessary " after
                                   the words "special arrange-
                                   ments ".
                                              (India.)
                                      (3) Redraft the second half
                                   of the paragraph as follows :
                                      "With regard to the pay-
                                   ments which a Member may
                                   have to make outside its ter-
                                   ritory in the application of this
                                   principle, the measures to be
                                   adopted shall be regulated by
                                   special arrangements between
                                   the Members concerned."
                                           (Great Britain.)


P R O P O S E D RECOMMENDATION CONCERNING EQUALITY O F
     TREATMENT FOR NATIONAL AND FOREIGN WORKERS AS
     REGARDS W O R K M E N ' S COMPENSATION FOR ACCIDENTS.


    Text adopted by the 1924            Amendment proposed.
          Conference..
               I1
   In order to facilitate the
application of the Draft- Con-
vention concerning equality of
treatment for national and
foreign workers as regards
workmen's compensation for
accidents, the Conference re-
commends that :
   (a) When a person to whom          Insert a new paragraph (a)
compensation is due under the      before (a) in the text adopted
laws and regulations of one        by the Conference, as follows:
Member resides in the territory      " Such reciprocal agreements
of another Member, the ne-         as are mentioned in the said
cessary measures be taken to       Draft Convention, Article I,
    1
      For the proceedings of the 1924 Conference on this section of
the Recommendation, vide the report of the Commission on equa-
lity of treatment (Final Record of the proceedings of the Sixth
Session of the Conference, Vol. II, pp. 568, 569) and the discussion
in full Conference (ibid. Vol. I, p. 187).



   Do you want know more? http://www.isknow.com
            Topic: http://www.isknow.com/compensation
                          — 17 —

facilitate the payment of such   paragraph 2, be made between
compensation and to ensure       the Members":
the observance of the condi-       the paragraphs in the text
tions governing such payment     becoming (£>), (c) and (d).
laid down by the said laws and
regulations;                              (Norway.)



    The South African Government considers that the
definition of "industrial accident" should be left to
each State. The Hungarian Government has made some
reservations in case the Draft Convention should apply
to agricultural undertakings. Neither of these Govern-
ments, however, has proposed any actual amendment.




            Do you want know more? http://www.isknow.com
   Topic: http://www.isknow.com/compensation
                         — 18 —



                           APPENDIX


(1) PROPOSED DRAFT CONVENTION CONCERNING EQUALITY OF
    TREATMENT FOR NATIONAL AND FOREIGN WORKERS AS
    REGARDS WORKMEN'S COMPENSATION FOR ACCIDENTS PRO-
    VISIONALLY ADOPTED BY THE SIXTH SESSION OF THE CONFE-
    RENCE.
                             Article 1.
    Each Member of the International Labour Organisation
which ratifies this Convention undertakes to grant to workers
who are nationals of any other Member which shall have ratified
the Convention, and who suffer personal injury by an indus-
trial accident, happening in its territory, or to the representatives
of such workers, the same treatment in respect of workmen's
compensation as it grants to its own nationals.
    This equality of treatment shall be guaranteed to foreign
workers and their representatives without any condition as
to residence: with regard to the payments which a Member
would have to make outside its territory in the application of
this principle, special arrangements shall be made between
the Members concerned regarding the measures to be adopted.

                             Article 2.
   Special agreements may be made between the Members
concerned to provide that compensation for industrial accidents
happening to workers whilst temporarily or intermittently
employed in the territory of one Member on behalf of an under-
taking situated in the territory of another Member shall be
governed by the laws and regulations of the second Member.

                             Article 3.
    The Members who ratify this Convention and who do not
already possess a system (whether by insurance or otherwise)
of workmen's compensation for accidents agree to institute
such a system within a period of three years from the date of
ratification .
                             Article 4.
    The Members who ratify this Convention further undertake
to afford each other mutual assistance with a view to facilitating



   Do you want know more? http://www.isknow.com
            Topic: http://www.isknow.com/compensation
                          — 19 —

the application of the Convention and the execution of their
respective laws and regulations on workmen's compensation,
and to inform the International Labour Office, which shall
acquaint the other Members concerned, of any modifications
in the laws and regulations in force on workmen's compensation.

(2) PROPOSED RECOMMENDATION CONCERNING EQUAI.ITY OF
    TREATMENT FOR NATIONAL AND FOREIGN WORKERS AS
    REGARDS WORKMEN'S COMPENSATION FOR ACCIDENTS PRO-
    VISIONALLY ADOPTED BY THE SIXTH SESSION OF THE CONFE-
    RENCE.
                                I.
    In order to facilitate the application of the Draft Conven-
tion concerning equaltiy of treatment for national and foreign
workers as regards workmen's compensation for accidents, the
Conference recommends that:
     (a) When a person to whom compensation is due under
the laws and regultions of one Member resides in the territory
of another Member, the necessary measures be taken to facilitate
the payment of such compensation and to ensure the observance
of the conditions governing such payment laid down by the
said laws and regulations;
     (b) In case of dispute concerning the non-payment, cessa-
tion of payment, or reduction of the compensation due to a
person residing elsewhere than in the territory of the Member
where his claim to compensation originated, facilities be afforded
for taking proceedings in the competent courts of law in this
country without requiring the attendance of the person con-
cerned ;
    (c) Any advantage in respect of exemption from duties
and taxes, free issue of official documents or other privilege
granted by the law of each Member for any purposes connected
with workmen's compensation be extended under the same
conditions to the subjects of the other Members who shall have
ratified the Convention.

                              II.
    The Conference recommends that, where in any country
there exists no system (whether by insurance or otherwise) of
workmen's compensation for accidents, the Government shall,
pending the institution of such a system, afford facilities to
alien workers to benefit by the legislation on workmen's com-
pensation in their own countries.




            Do you want know more? http://www.isknow.com

				
My first website Thank You! My first website Thank You! http://www.isknow.com
About Do you want know more? http://www.isknow.com/