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International Labour Legislation

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1. Bekanntmachung, betr. die Ausserkraftsetzung von Bestimmungen der

Unfallversicherungsgesetze zu Gunsten der Grossherzogtums Luxemburg. Vom. 9. Mai 1905. (Amtliche Nachrichten des Reichsversicherungsamtes,

No. 5. Vom 15. Mai 1905.) 1. (German Empire) Notification to repeal provisions of the Accident

Insurance Acts in favour of the Grand-Duchy of Luxemburg. 9th May, 1905.

The Federal Council, at the sitting of the 4th May, 1905, resolved as follows :

(1) The provisions of $94 (2) of the Industrial Accidents Insurance Act and of $37, paragraph 1, of the Building Accidents Insurance Act, relating to the suspension of annuities in the case of foreigners whose usual residence is not in the interior, shall not apply to subjects of the GrandDuchy of Luxemburg, even in cases when the annuitants do not usually reside within those districts of the Grand Duchy of Luxemburg recognised by the resolution of the Federal Council adopted on the 13th October, 1900, as frontier districts within the meaning of the said provisions. (Cf. the Notification of the 16th October, 1900. Zentralblatt für das Deutsche Reich, p. 540.)

Notwithstanding, so long as an annuitant resides neither within the territory of the German Empire nor in the Grand-Duchy of Luxemburg, the right to draw an annuity shall depend upon his observing the past or future regulations issued for German subjects by the Imperial Insurance Office, in pursuance of $94 (3) of the Industrial Accidents Insurance Act. In respect of such annuities, the date of the coming into force of the regulations of the Imperial Insurance Office, dated the 5th July, 1901, shall be held to be the day when this resolution comes into force.

2. The territory of the Grand-Duchy of Luxemburg shall be held to be a frontier district, so that the provisions of $21 of the Industrial Accidents Insurance Act, $22 of the Accident Insurance Act for Agriculture and Forestry, 89 of the Building Accidents Insurance Act, and $27 of the Marine Accidents Insurance Act, relating to the exclusion of claims for dependants' annuities in the case of dependants of foreigners not having their usual residence in the interior at the time of the accident, shall not apply to such dependants, if their usual residence is within the territory of the Grand-Duchy.

3. The provisions of $21 of the Industrial Accidents Insurance Act and $9 of the Building Accidents Insurance Act, relating to the exclusion of claims for dependants' annuities, shall not apply to subjects of the GrandDuchy of Luxemburg, even though their usual residence at the time of the accident was not within the territory of the Grand-Duchy of Luxemburg. (See $2 above.)

4. The preceding provisions shall apply retrospectively from the 15th April, 1903, as far as concerns claims not legally settled at the time when the resolution comes into force.

5. This resolution shall come into force on the 15th May, 1905. 2. Arrangement signé, le 9 juin 1906, entre la France et l'Italie, concernant

la réparation des dommages résultant des accidents du travail. (B. d. l'O.

d. T., XIV., No. 4, avril 1907, p. 351-3.) 2. Agreement, concluded on the 9th June, 1906, between France and Italy,

relating to compensation for injuries resulting from industrial accidents.

1. Italian workmen or employees who meet with accidents arising out of or in the course of their employment on French territory, or their representatives, shall have the same rights to compensation as French workmen or employees, or their representatives, and vice versa.

2. The same rule shall apply, subject to the conditions contained in the following articles, to claimants who were not residing within the territory of the country where the accident happened at the time when it occurred, or who subsequently ceased to reside therein.

3. If an accident is followed by an inquiry, notice of the conclusion of the inquiry shall be given immediately to the consular authority of the district within which the injured workman was living at the time when the accident occurred, in order that the said authority may take note of the inquiry in the interests of the claimants.

4. Employers and insurers in either country shall have the right to pay instalments of benefit or compensation due through the agency of the consular authority, contemplated in the preceding article, of the other country. The said authority shall produce the papers of identity and life certificates, and also make provision for forwarding instalments of benefit or compensation to subjects of his country residing within his district at the time of the accident.

5. The Italian National Accident Insurance Fund shall insure French employers, on the model scale appended to this agreement, against their liabilities to representatives, not being resident in France, of injured Italian workmen, if such employers desire to be relieved from the obligation of making inquiries and other similar proceedings.

The proper authorities of the two countries shall revise this provisional scale as soon as possible in the light of statistical data to be collected hereafter.

6. If an employer or insurer has made provision with the French National Old Age Pensions Fund for pensions to Italian workmen or their representatives, payment of such pensions shall, at their rejuest, be made to them through the Italian National Workmen's Disablement and Old Age Provident Fund. In this case the French National Fund shall settle with the Italian Fund by forwarding every quarter the amount of the pension claims which would have been payable in France.

In the case of benefits, the rate of which is definitely fixed, the French National Fund may settle with the Italian National Fund by depositing a capital sum equivalent to the actuarial value of the benefit in accordance with the scale on which the same has been acquired ; this deposit shall be devoted to the purchase of an annuity in accordance with the scale in force for the Italian National Fund at the time.

7. If an employer or insurer has deposited with the Italian National Provident Fund compensation due to French workmen, the Fund shall, on application, forward to them by money order (mandat postal) the amounts which would have been payable in Italy.

In the case of benefits the rate of which is definitely fixed, the Fund may discharge its liabilities by depositing with the French National Pension Fund a capital sum equivalent to the actuarial value of the benefit in accordance with the scale on which the same has been acquired; this deposit shall be devoted to the purchase of an annuity in accordance with the scale in force for the French National Fund at the time.

Compensation falling due for fatal accidents incurred by French workmen in Italy may be deposited in the form of a lump sum with the French Deposit Fund (Caisse des dépots et consignations), which shall hold the amount at the disposal of the interested parties on their claim being proved.

8. The money orders contemplated in the first paragraph of Article 7, and sums forwarded by the National Pension Fund to the Italian National Provident Fund, or reciprocally, shall take the form of office orders (mandats d'office) under the conditions set forth in Article 5 of the agreement relating to the transfer of deposits between the ordinary savings banks of the two countries.

9. The two national funds shall always reserve the right to amend their: respective scales in the future.

10. Exemption from taxes and any financial advantages granted by French law to documents which have to be presented in order to obtain compensation, shall apply equally in cases where the documents in question are required for the payment of compensation under Italian law, and vice versa.

II. If an Italian workman, not resident in France, fails to receive the compensation to which he is entitled, and if he applies to the Guarantee Fund established by French law, the duties devolving, in connection with such applications, upon the municipal authorities, shall be fulfilled, on his behalf, by the Italian consular authorities in Paris, under conditions to be determined by the authorities concerned in the two countries.

Each of the two contracting parties reserves the right, in the case of force majeure, or of urgent circumstances, to suspend the terms of this agreement, wholly or in part, in so far as it concerns the respective functions of the national funds of the two countries. Notice of suspension shall be given, through diplomatic channels, to the proper authorities of the other State. The notice shall fix the date after which the regulations relating to the said functions shall cease to have effect.

13. The proper authorities of the two countries shall agree together upon the proofs to be furnished in the cases contemplated in Articles 4, 5, 6, 7, and the conditions under which the said articles shall apply to injured workmen or their dependants not residing either in France or Italy.

They shall at the same time draw up detailed rules and regulations necessary for the execution of this agreement.

14. This agreement shall come into force on a day to be agreed upon by the two States after its promulgation in accordance with their respective laws.

Except in the case contemplated in the Convention of 15th April, 1904, this agreement shall remain in force for five years. The two contracting parties shall be mutually bound to give one year's notice of their intention to terminate the agreement at the conclusion of this period. In the absence of such notice, the agreement shall be renewed from year to year, for the term of one year, by tacit consent.

15. If one of the two contracting parties shall have announced its intention of withdrawing from the agreement, the agreement shall continue to have full force, as far as concerns the rights of injured persons or their representatives, against their employers in respect of all accidents occurring

BULLETIN

before the expiration of the agreement. Notwithstanding, it shall cease to have effect on its expiration as far as concerns the duties devolving upon the consular authorities and the obligations or functions of the National Funds. of the two countries, except as regards the settlement of accounts then current, and the distribution of annuities, the capital value of which they may have received previously.

Schedule.

Annual Premiums of Insurance payable in respect of each 1,000

frs. paid in Wages. Industrial undertakings in general

4.98 Mines

12.36 Quarries

10.02 Brick Works

4.62 Iron and Steel Works..

3.50 Metal works (other than iron and steel), scientific instruments, musical instruments

1.14 Metal works (other than iron and steel)

0.96 Scientific instruments

1.38 Chemical industries

4.26 Gas and water..

3.30 Building operations

6.96 Special for chimney-sweeping, State Railways (An economic and legal classification peculiar

7.72 Private

to Germany, corresponding to the ordinary Street

division of industries into great, medium
and small,

4.20 Freight, warehousing, cartage

9.84 Cartage

14.46 Inland navigation

18.30

5.82

6.54

3. Convention signée le 27 juin 1906, entre la France et le Luxembourg rela

tive à la réparation des dommages résultant des accidents du travail. (B. d.

l'O. d. T., XIV., No. 4, avril 1907, p. 350.) 3. Convention between France and Luxemburg relating to compensation for

injuries resulting from industrial accidents. Signed on the 27th June, 1906.

1. Subjects of the Grand-Duchy of Luxemburg meeting with industrial accidents in France and likewise their dependants, shall enjoy the compensations and guarantees granted to French subjects by the legislation in force relating to compensation for industrial accidents.

Reciprocally, French subjects meeting with industrial accidents in Luxemburg, and likewise their dependants, shall enjoy the compensation and guarantees granted to subjects of the Grand Duchy of Luxemburg by the legislation in force relating to compensation for industrial accidents.

2. Notwithstanding, an exception to this rule shall be made if the persons in question were sent out of their own country temporarily, and occupied for less than the six months last past on the territory of that one of the two contracting States where the accident occurred, but were taking part in an undertaking established within the territory of the other. In such case the persons interested shall have a right only to the compensation and guarantees provided by the legislation of the latter State.

The same rule shall apply to persons attached to transport undertakings, and employed intermittently, whether regularly or not, in the country other than that where the undertaking is domiciled.

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