Page images

as much as 100 per cent. of his previous yearly earnings. Further, in certain circumstances, burial grants, widows' annuities, education grants, etc., are payable.

Notice of accidents has to be given by the employer in a prescribed manner. Other provisions of the Act are concerned with the organisation of the Provincial and District Workmen's Sick Maintenance Societies, works Sick Maitenance Clubs, and the Accident Insurance Societies in Budapest and Agram, and with procedure for the settlement of disputes and the organisation of courts of arbitration.

The Netherlands. (1) A Decree dated May 20th, 1907 (Title E.B. II., p. 400) deals with the appointment and dismissal of the staff of the State Insurance Bank.

(2) Two Decrees, dated May 14th, 1907 (Title E.B. II., pp. 400, 1) amend the table of danger classes and the table for calculating the capital value of annuities, under the Accident Act, 1901.

Switzerland: Canton of Vaud. Since the Federal Government is still too much preoccupied both from the legislative and financial points of view with the duty imposed upon it by the Constitution [Insurance Section, §34 (2) of October 26th, 1890] of instituting a system of sick and accident insurance, and seems likely so to remain for some time to come, it is left to the Cantons in the meantime to make provision for old age and invalidity insurance. Stimulated by the protracted preparations made by the French Parliament, there has arisen of late years in the Cantons, especially in the French districts, a powerful movement in favour of old age and invalidity insurance. Neuenburg has possessed an Old Age Insurance Act since March 29th, 1898. Vaud, since March 2nd, 1907, and in Geneva a measure is under consideration. In German Switzerland a series of Bills are projected, namely, in Glarus, St. Gall. Basle-Town and Solothurn, and more recently motions in favour of legislation have been adopted in the Councils of Berne, Zürich and Appenzell A-Rh.

The Vaud Act to create a General Old Age Pensions Fund (Caisse cantonale vaudoise des retrates populaires), dated March 2nd, 1907 (E.B. II., p. 582), is based upon the principle underlying the French proposals. It creates in the Canton a privileged old age pensions fund, controlled by the State with the object of facilitating and encouraging the institution of old age pensions under the most favourable conditions. Membership of the fund is voluntary and open to all persons living in the Canton and subjects of the Canton living outside. The receipt of the pensions may begin between the ages of 50 and 65 years. The amount of the pension is calculated on the basis of the individual contributions. This individual system makes it possible to allow any person to cease to contribute and to renew his contributions at any time when his circumstances permit, without losing any of the rights previously acquired. Payments may be made with or without reservation (à capital reservé, à capital abondonné). In the former case the pensions are naturally lower, but in return the dependants of a person insured who has not acquired the right to a pension, may recover, without interest, all the contributions paid in. The maximum pension is fixed at 1,200 frs., and the maximum amount of contributions which may be paid in one year is 1,000 frs. Pensions are not liable to attachment or distraint in respect of any amount resulting from contributions paid by the State or by third persons. The State assists by granting encouragement premiums to persons on whose account at least 6 frs. have been contributed in the course of a financial year. These encouragement premiums amount to:

[ocr errors]

6 frs. for persons who have contributed 6-12 frs.











in the course of one and the same financial year. In the case of children who contribute through the medium of mutual school clubs, the minimum giving right to a State subvention is reduced to 2 frs. No encouragement premiums are payable to foreigners or Swiss citizens not domiciled in the Canton; persons who do not earn their living by some trade or profession (with certain exceptions); and persons who have exceeded the maximum for annual or total contributions. Encouragement premiums are also granted to mutual benefit societies which bring new members to the fund. A scientific balance sheet of the operations of the fund has to be prepared every three years; any deficit is met in the first place from the reserve fund, and in the last resort by the State. The Act came into force on January 1st, 1908.

[ocr errors]




International Labour Legislation

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 89 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.

I. 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 request, 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 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



« EelmineJätka »