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to German territory. On the contrary, extensions of business carried on abroad (so-called Ausstrahlungen), e.g., fitting up machinery, are to be held from the point of view of insurance law, to form part of a German firm."*
On the other hand, extensions of foreign firms carrying on business in Germany are not covered by German insurance. The Dutch Accident Insurance Act of January 2nd, 1901 (G.B. I., p. 296) is also based on the territorial princple, but deviates from it in §9, which reads:
"The provisions of this Act shall apply equally:
"(a) to employers whose undertakings are domiciled in Holland, in so far as they carry on business abroad, in respect of workmen employed in such business and dwelling within the realm;
"(b) to workmen contemplated above who meet with accidents
"The provisions of this Act shall not apply:
(1) to employers who carry on business in Holland, but whose firms are domiciled abroad, in respect of workmen employed in such business in Holland, but who do not live within the realm, if, in the country of domicile, there exists a system of compulsory insurance which does not apply to workmen living in Holland who are in the service of firms domiciled in Holland, but who are employed in the country where the first-named firms are domiciled;
"(2) to workmen in the service of the employers contemplated above who are employed in Holland, but do not reside within the realm, if in the country where their employer's firm is domiciled, there exists a system of compulsory insurance against accidents, which does not apply to workmen living in Holland who are in the service of firms domiciled in Holland, but who are employed in the country where the first-named firms are domiciled."
Sub-section (a) of this Section affects, in general, extensions of Dutch businesses in Germany which, as such, are not covered by the German law, but which do come under the Dutch Act in so far as the workmen live in Holland. But it does not only affect extensions, but also firms abroad which are indeed domiciled in Holland, and which could accordingly be regarded as extensions, but the extent of which exceeds the scope of an extension (Ausstrahlung), and which are therefore regarded in Germany as independent firms, and therefore liable to insurance. But if the workmen employed by such independent firms, developed out of mere extensions of Dutch firms, live in Holland, they have also to be insured under the Dutch Act, so that cases of double insurance arise. On the other hand, workmen in the service of firms which come within the meaning of the term extension," and which are accordingly not covered by German law, are not insured at all unless they are domiciled in Holland. Subsection (1) of the same Section affects extensions of German firms in the Netherlands. Workmen living abroad and employed in extensions of foreign firms in the Netherlands are not affected by the Dutch Accident Insurance Act, if workmen living in Holland and employed in extensions of a Dutch firm in a foreign country are not covered by the insurance
*Memorandum. Reichstag 12 Leg-Per. I. Sess. Drucks., No. 472.
laws of that country. But since the German Act does not take the workmen's place of abode into consideration in any way, and extensions of Dutch firms, as soon as they surpass the definition of an extension" become independent undertakings carried on in Germany, the condition named in Sub-section (1) for revoking the application of the law, does not come into play, and consequently all German extensions are subject to the obligation to insure both in Holland and in Germany,-giving rise to further cases of double insurance.
As a result of this double insurance, many employers were required to pay double contributions. As this gave rise to complaints, it seemed desirable to come to an agreement, with the object of removing cases of double insurance, cases where there was an entire absence of insurance, and also certain other difficulties. A Treaty was accordingly concluded on August 27th, 1907, at Berlin (E.B. II., p. 350) and ratified by notification on December 1st, 1907 (E.B. II., p. 354.)
Article I of the Treaty lays down the territorial principle to be observed in general in both countries, so that in future all extensions will be regarded as independent firms and treated accordingly. But the principle is deviated from in the case of the travelling staff of transport undertakings (Article 2), since these occupations, with their frequent going and coming, are more easily insured in accordance with the laws of the country where the undertaking is permanently domiciled. The Treaty fails to follow the principle also in the case of workmen who are transferred to work in a foreign department of any kind of undertaking. Such persons remain for the first six months subject to the insurance laws of the country in which the firm is domiciled.
The Treaty thus seeks to equalise advantages by removing, in the interest of the workmen, all cases where insurance was evaded altogether, and, in the interests of the employer, all cases of double insurance. A provision is also inserted for the protection of employers to the effect that higher contributions shall not be charged in either country in the case of firms domiciled in the other country (Article 7). This prohibition exempts firms insured in Germany and domiciled in Holland from the rule contained in §33 of the German Industrial Accidents Insurance Act, in accordance with which the owners of the undertakings in question may be charged as much as twice the ordinary contributions.
The exchange of ratification took place on November 30th, 1907. (E.B. II., p. 354.)
On the German side administrative regulations for the execution of the Treaty were issued on December 16th, 1907. (E.B. II., p. 569.)
German Empire. (1) An Act dated April 8th, 1907 (E.B. II., p. 167) regulates the investment and administration of the Dependants' Insurance Fund, which was formed, in pursuance of §15 of the Tariff Act of December 25th, 1902, by the accumulation of customs receipts, for the purpose of facilitating the introduction of a provident scheme for widows and orphans.
(2) The State Insurance Office has sanctioned the following rules for the prevention of accidents issued by trade associations :
DATE OF SANCTION.
June 27, 1907
Sept. 3, 1907
Sept. 4, 1907
Oct. 11, 1907
Lippe Agricultural Trade Association
Rudolstadt Agriculture and Forestry Trade Association ..
Reuss j. L. Agriculture and Forestry Trade Association.
Schwarzburg Sondershaus Agricultural Trade Association
East Prussia Agricultural Trade Association
Lower Alsace Agricultural Trade Association
facture of powdered aluminium.)
Coburg Agriculture and Forestry Trade Association
Denmark. (1) By an Order dated January 9th, 1906 (Title E.B. II., p. 6) the provisions of the Act of April 1st, 1906, relating to the insurance of seamen against accidents (G.B. IV., p. 323) were extended to ships of 20 tons gross tonnage belonging to the State in the service of the Ministry of Agriculture, and the Department of Water Works.
(2) An Order, dated August 10th, 1906 (E.B. II., p. 7) applied to the Faroe Islands the Act of March 30th, 1906 (E.B. II., p. 370) which extended the Act of April 3rd, 1900, relating to the accident insurance of Danish fisherman, to other branches of navigation, etc.
France. (1) 830 of the Act of December 29th, 1905, relating to the insurance of French seamen against the risks and accidents of their calling (E.B. II., p. 24) provided for the application of the Act to the Colonies. A Decree dated January 17th, 1907 (Title E.B. II., p. 33) regulates the administration of the Act in respect of registered Colonial seamen.
(2) The Industrial Accidents Treaty concluded between France and Luxemburg on June 27th, 1907, at Paris (E.B. II., p. 4) was published by a Decree dated November 10th, 1906 (Title E.B. II., p. 32), and the corresponding Treaty between France and Italy (E.B. II., p. 2) was ratified by an Act dated June 3rd 1907 (E.B. II. p. 259).
(3) A Decree dated January 14th, 1907 (Title E.B. II., p. 33) regulates the issue of sick pay to arsenal workers not residing at home.
(4) A Decree dated January 17th, 1907 (Title E.B. II., p. 33) amends the Decree of December 8th, 1904, sanctioning the new tariff of the National Accident Insurance Fund.
Great Britain & Ireland. The Workmen's Compensation Act of 1906 included in its third Schedule six industrial diseases namely anthrax, lead poisoning, mercurial poisoning, phosphorus poisoning, arsenic poisoning and ankylostomiasis, for which compensation was accordingly payable. In pursuance of §8 (6) the Secretary of State issued an Order on May 22nd, 1907, extending the provisions of the Act to certain other industrial diseases (E.B. II., p. 36) recommended for inclusion by a Departmental Committee appointed in August, 1906, to inquire into the question. Thus the following 18 diseases have been added to Schedule III. of the Act :
(1) Poisoning by nitro and amidoderivatives of benzene (dinitrobenzol, anilin and others), or its sequelæ.
(2) Poisoning by carbon bisulphide or its sequelæ.
(6) Lead poisoning or its sequelæ.
(7) Poisoning by Gonioma Kamassi (African boxwood) or its sequelæ. (8) Chrome ulceration or its sequelæ.
(9) Ecxematous ulceration of the skin produced by dust or caustic or corrosive liquids, or ulceration of the mucous membrane of the nose or mouth produced by dust.
(10) Epitheliomatous cancer or ulceration of the skin or of the corneal surface of the eye, due to pitch, tar or tarry compounds. (11) Scrotal epithelioma (chimney sweeps' cancer).
(14) Compressed air illness or its sequelæ.
(15) Subcutaneous cellulitis of the hand (beat hand).
(16) Subcutaneous cellulitis over the patella (miners' beat knee).
(17) Acute bursitis over the elbow (miners' beat elbow).
(18) Inflammation of the synovial lining of the wrist joint and tendon sheaths.
A number of other orders regulating the duties of medical referees and certifying surgeons, etc. (See E.B. II., pp. 264-5) have also been issued in pursuance of the Act.
Hungary. In Hungary an Act relating to the Sick Accident Insurance of industrial and commercial employees was issued in 1907 (No. XIX.), based upon the corresponding Acts in force in Austria or Germany. (Extract, E.B. II., p. 268.)
I. Obligation to Insure. The obligation to insure against sickness extends to all persons, regardless of sex, age or nationality, who earn less than 2,400 kr. per annum in one of the occupations specified in the Act. Insurance against accidents is compulsory in respect of all persons employed in the undertakings designated in the Act, but the income of the person insured is only taken into consideration up to 2,400 kr. per annum for the purposes of computing accident benefits, distributing costs, and imposing levies. Foreigners are in all cases subject to sick insurance, but not to accident insurance, unless the State to which they belong grants reciprocal advantages to Hungarian subjects. Provision is made in the Act for voluntary insurance against sickness subject to certain conditions. Insurance is not compulsory for persons in the service of public bodies and undertakings who have the right to draw their salaries for 20 weeks during sickness, nor for officials entitled to pensions.
II. Notification. On engaging an employee, employers are bound to notify the fact within 8 days to the District Workmen's Insurance Society, giving all the necessary particulars. Members so notified receive certificates. In the same way the cessation of membership and any other change respecting it (as regards danger classes, etc.) have to be notified. Any costs incurred through failure to give notice have to be borne by the employer.
III. Contributions. The contributions of persons insured vary from 2 to 4 per cent. of the average daily wages. A number of daily wage groups are to be determined in the highest of which the wage does not exceed eight kr. Members who, by malingering or any other means, cause loss to the society to which they are attached, are bound to pay full compensation.
IV. Scale of Risks. For the purposes of accident insurance a scale of risks is to be drawn up and revised every five years. The Accident Insurance Society allots to every member a particular danger class. This allocation has to be revised on the introduction of any changes in a firm. The propor tional figures representing the accident risk and the annual salaries paid by the employer are taken together as the basis for calculating the accident insurance contributions, in such a way that all the expenditure of the Provincial Workmen's Sick Maintenance and Accident Insurance Society (except the administrative expenses borne by the State), together with the sums devoted to the formation of the reserve fund, are added up annually and allotted to the individual employers in accordance with the proportion of their respective businesses on the scale. An insurance fee is payable only by persons voluntarily insured and employers who do not usually employ more than five persons. For these the fee is annually 3 kr. during the first 10 years, and thereafter 5kr.
One half of the contributions is payable by the employer and one half by the employee. The employer is allowed to deduct the workman's share from his wages. The contributions are payable to the District Sick Maintenance or Accident Insurance Society as the case may be, at the conclusion of the term for which they are due; but members may also be required to make advances.
V. Insurance Claims: (a) Sickness. Persons insured against sickness. have the right to free medical attendance for not more than 20 weeks, to medicine and remedial treatment, and to maintenance in case of confinement for six weeks and to sick pay for 20 weeks reckoned from the first day of the illness amounting to one-half of the average daily wage on the basis of which the contributions are calculated, provided that the illness causes loss of earning capacity and lasts more than three days. The Provincial Accident Insurance Authorities may also pay a higher rate of benefits, but not exceeding 75 per cent. of the daily wages, during a period not exceeding one year. Double insurance is prohibited. Persons on military service are exempt from the payment of contributions, and may not draw benefits. Members who have received the whole amount of benefit legally allowed cannot bring forward any further claim in respect of the same illness unless they have worked for at least eight weeks since the benefit ceased and continued to pay their con-tributions.
(b) Accident. On sustaining an accident, a person insured has a claim to free medical treatment from the eleventh week after the accident and to an annuity (equal to 60 per cent. of his average yearly earnings) during incapacity. In the case of partial incapacity some proportion of this annuity is payable. If the injured person is absolutely helpless, he may be allowed