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Dealing With Foreign And Domestic Employees In The Matter Of Prac. Accidents At Work

Original Language Title: Nakládání s cizími a domácími zaměstnanci ve věci prac. úrazů

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34/1928 Sb.



The draft Convention



the equivalent treatment of foreign and domestic workers in the things

compensation for work-related accidents.



The name of the Czechoslovak Republic.



The seventh International Labour Conference, it was agreed that the draft Convention and the

Recommendation:



(Translation.)



The draft Convention



the equivalent treatment of foreign and domestic workers in the things

compensation for work-related accidents.



The General Conference of the international organization of the work of the League of Nations,



the Board convened in Geneva the International Labour Office and there is

shromáždivší 19 June. in May 1925 to its seventh session,



When she decided to accept the various proposals relating to the equivalent

dealing with domestic and foreign employees of utrpěvšími industrial accidents,

It's the second question on the agenda of this session of the day, and



When decided that these proposals have acquired forms of the draft International Convention,



Act today, the fifth day of June, 1925, on the proposal of the Convention below,

that has to be ratified by members of the international organization of work according to the

the provisions of part XIII. the peace treaty of Versailles and concurring parts

other peace agreements:



Article 1.



Each Member of the International Labour Organisation which ratifies this Convention,

undertakes that the nationals of any other Member State, which

This Convention ratifies, or their family members, will

occupational accidents sustained on its territory the same treatment as

warrants its own nationals in the matter of compensation work

accidents.



This equivalence in the management of foreign employees will be secured and

their family members, without however being bound by the condition

permanent residence. However, as regards the implementation, which would be one of the Member

States or its nationals, according to this principle were obliged, inter

the territory of that Member State, the procedure will be modified, if the

necessary, by specific conventions agreed between the interesovanými

by the Member States.



Article. 2.



To be compensated for injuries suffered by employees, which is used

temporarily or temporarily on the territory of a Member State for the account of

undertaking whose registered office is in the territory of another Member State, it may be

established, that will be applied to the law of that State, posléz

on the basis of a special agreement between the participating Member States.



Article 3.



Member States which have ratified this Convention and which have not yet adopted

a system of compensation or accident insurance, they undertake to implement

such adjustment within three years from the date of its ratification.



Article 4.



Member States which have ratified this Convention, undertake that

they will assist each other to facilitate the implementation of this Convention,

as well as the implementation of their respective laws and regulations relating to the

compensation for accidents at work, and that the International Labour Office shall notify the

any change in their applicable laws and regulation on compensation for injuries in

the work of this Office, inform the other Member States concerned.



Article 5.



Official ratification of this Convention shall be subject to the conditions prescribed in section

XIII. the peace treaty of Versailles and in parts of other concurring

the peace agreements notified to the Secretary-General of the League of Nations and the

It entered in the register.



6.



This Convention shall enter into the scope of its ratification as soon as the two members of the

The international organization of work will be written to the Secretary General

the register.



The Convention will be the only members of the zavazovati, of which the ratification will be registered in the

the Secretariat.



As a result, this Convention shall enter into scope for each Member of the day

when its ratification will be registered in the Secretariat.



Article 7.



Once registered in the Secretariat of the ratification of the two members of the International

Organization of work, it shall notify the Secretary-General of the League of Nations

the fact all the members of the international organization of work. Also, you shall

write the ratification, which will later be notified to the other members of the

organisation.



Article 8.



Each Member which ratifies this Convention undertakes, subject to the

the provisions of the article. 6, that the provisions of articles 1, 2, 3 and 4 shall make not later than

on 1 January 2005. in January 1927, and to take measures that will have to make this

provisions have been made.



Article 9.



Each Member of the International Labour Organisation which ratifies this Convention,

undertakes to make it in their settlements, possessions or protectorates

in accordance with the provisions of the article. 421 the peace treaty of Versailles, and he

the corresponding articles of the other peace agreements.



Article 10.



Each Member which has ratified this Convention, it may, after vypověděti

After the expiry of ten years from the date of the initial scope of this Convention, and

a special infrequent, the Secretary-General of the League of Nations

and to register. Notice of termination shall take effect until a year after the

writing in the Secretariat.



Article 11.



The Administrative Council of the International Labour Office shall submit, at least once in ten years

the General Conference a report on the implementation of this Convention and decide if

be given on the daily agenda of the Conference the question of revise or change this

of the Convention.



Article 12.



The French and English texts of this Convention shall both be authentic.



The preceding text is the authentic text of the draft Convention, duly adopted

the General Conference of the international organization of work at its seventh

the meeting, which was odbýváno in Geneva and declared closed the day 10.

June 1925.



The conscience of her signatures on 24. June 1925:



The President of the Conference:



Dr. Edvard Beneš.



The Director of the International Labour Office:



Albert Thomas.



Annex.



Recommendations



the equivalent treatment of foreign workers as a domestic in the things

compensation for work-related accidents.



The General Conference of the international organization of the work of the League of Nations,



the Board convened in Geneva the International Labour Office and there is

shromáždivší 19 June. in May 1925 to its seventh session,



When she decided to accept the various proposals relating to the equivalent

dealing with domestic and foreign employees of utrpěvšími industrial accidents,

second it questions conceived on the daily agenda of this meeting, and



When she decided to have acquired these proposals form a recommendation,



Today, its fifth day of June 1925 the recommendations below, which

předložiti is the examination of the members of the international organization of work

the goal, he received the national law or the effectiveness of the form otherwise, in

consent to the provisions of part XIII. the peace treaty of Versailles and her

the relevant parts of the other peace agreements:



(I).



The Conference recommended the implementation of the Convention of zřením equivalent

the treatment of foreign workers as a domestic in the matter of compensation

accidents at work, to each Member of the International Labour Organization has made

the necessary measures,



and it was easier to oprávněncům) on compensation, who do not have permanent

residence in the country, where such compensation is due, the payment of the amounts they

belonging, and to secure conditions, the investigation was laid down by the

laws and regulations regarding the payment of such amounts;



(b)) in the case of disputes arising out of the non-payment, the interruption of payment, or

reduction in the amount of the damages, payable to the person who does not have permanent residence

in a country where its entitlement to compensation arose, it could be before the competent

the courts of this country launched controversial proceedings without participating was obliged to

He personally zúčastniti;



(c)) in order to benefit from the exemption of the charges, the service of official documents and

other advantages of the skýtané law of the Member State in the case

compensation for accidents at work, have been extended under the same conditions on the

nationals of other Member States which have ratified this

the said Convention.



II.



The Conference recommends that in countries where there is no system

compensation or insurance for accidents at work, the Government, until its implementation,

facilitate the participation of foreign workers on the benefits of domestic legislation in the

things compensation for accidents at work.



The preceding text is the authentic text of the recommendation duly adopted General

the Conference of the international organization of work at its seventh session,

It took place at Geneva and declared closed the day 10. June 1925.



The conscience of her signatures on 24. June 1925:



The President of the Conference:



Dr. Edvard Beneš.



The Director of the International Labour Office:



Albert Thomas.



Prozkoumavše this draft Convention and recommendation we endorse and confirm

It is.



The conscience we have signed this sheet and the seal of the Republic of

The Czechoslovak přitisknouti.



The castle of Prague, 31 March 2004. one thousand years of the 20th of January, devítistého

the seventh.



The President of the Czechoslovak Republic:



T. g. Masaryk in r.



L. S.



Minister of Foreign Affairs:



Dr. Edvard Beneš in r.



Announces, that the instrument of ratification of the Czechoslovak Republic

has been saved after the meaning of the article. 5 with the Secretary General of the company

Nations, it registered with the date 8. February 1927. That date acquired

The Convention, according to the provisions of article. 6, for the Czechoslovak Republic, the international

the scope of the.



Outside of the Czechoslovak Republic deposited with the Company Secretary gen.

The instruments of ratification of the Convention, these Nations States:



South Africa (30. III. 1926), Sweden (8. IX. 1926), Great Britain
(6. X. 1926), the Kingdom of SHS (1. IV. 1927), Holland (13. IX. 1927), Finland

(17. IX. 1927) and Belgium (3. X. 1927).



Dr. Edvard Beneš in r.