Communication from the Federal Ministry of Foreign Affairs No 437 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on Compensation for Labour Accidents in Agriculture (No 12) and the Convention on Compensation for Labour Accidents (No 17)
Valid
Effective from 12.06.1950
437
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs states that on 12 November 1921 the Convention on Compensation for Labour Accidents in Agriculture was adopted at the 3rd session of the International Labour Organisation General Conference (No 12) and on 10 June 1925 the Convention on Compensation for Labour Accidents (No 17) was adopted at the 7th session of the International Labour Organisation General Conference. Ratification of the Conventions of the Czechoslovak Republic was registered on 12 June 1950 by the Director-General of the International Labour Office. Pursuant to Articles 3 and 13 of the Convention, they entered into force on 12 June 1950 for the Czechoslovak Republic.
Czech translations of the Treaties are announced simultaneously.
Convention No 12
Convention on compensation for accidents at work in agriculture
The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in Geneva and met there on 25 October 1921 at its third meeting,
Decide to adopt certain proposals concerning the protection of agricultural workers against accidents on the fourth item of the agenda; and
state that these proposals will take the form of an international convention,
adopts the following Convention, which will be referred to as the Convention on Compensation for Labour Accidents (Agriculture), 1921, to be ratified by the Member States of the International Labour Organisation under the provisions of the International Labour Organisation Constitution:
Each Member State The International Labour Organisation, which ratifies this Convention, undertakes to extend to all wage workers in agriculture the benefits of the laws and regulations on compensation to persons who have suffered accidents in the course of work or in connection with employment.
The formal ratification of this Convention shall be notified and registered to the Director-General of the International Labour Office under the conditions laid down in the Constitution of the International Labour Organisation.
1. This Convention shall enter into force once the Director-General of the International Labour Office has registered the ratification of two Member States of the International Labour Organisation.
2. This Convention only obliges Member States whose ratification has been registered with the International Labour Office.
3. For each other Member State, this Convention shall become effective after its ratification has been registered with the International Labour Office.
Once the ratification of two Member States of the International Labour Organisation has been registered with the International Labour Office, the Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation. They shall also notify them of the minutes of any ratification communicated to it by the members of the organisation.
Subject to the provisions of Article 3, each Member State which ratifies this Convention shall agree to apply the provisions of Article 1 by 1 January 1924 at the latest and shall take the necessary measures to bring those provisions into force.
Each Member State The International Labour Organisation, which ratifies this Convention, undertakes to implement it in its colonies, holdings and protectorates, in accordance with the provisions of Article 35 of the ILO Constitution.
Any Member State which has ratified this Convention may denounce it after a period of 10 years from the date on which the Convention first came into force, by written communication to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered with the International Labour Office.
Whenever deemed necessary, the Administrative Board of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and examine whether it is appropriate to put on the agenda of the General Conference a question of its complete or partial revision.
The French and English versions of this Convention shall be equally authentic.
Convention No 17
Convention on compensation for accidents at work
The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in Geneva and met there on 19 May 1925 at its seventh meeting,
decide to adopt certain proposals on compensation for accidents at work, which are the first item on the agenda of the sitting; and
state that these proposals will take the form of an international convention,
adopts on 10 June 1925 this Convention, which will be referred to as the Convention and compensation for accidents at work, 1925 in order to be ratified by the Member States of the International Labour Organisation under the provisions of the Constitution of the International Labour Organisation.
Each Member State The International Labour Organisation which ratifies this Convention undertakes to ensure that persons who have suffered an accident at work or who are dependent on them are compensated under conditions at least equivalent to those laid down in this Convention.
1. National legislation on compensation for accidents at work will apply to workers, employees and apprentices, employed by public or private undertakings, establishments or establishments.
2. However, each Member State may provide for exceptions in its national legislation which it considers necessary as regards:
(a) persons carrying out occasional work not related to the subject of the employer's business;
(b) domestic workers,
(c) members of the employer's family who work exclusively on his account and live in his household;
(d) not manual workers whose earnings go beyond the limits laid down by national legislation.
This Convention shall not apply to:
1. to seafarers and fishermen for whom the provisions of the later Convention shall be laid down;
2. to persons enjoying specific rules whose conditions are at least equal to those laid down in this Convention.
This Convention shall not apply to agriculture for which the Convention on Compensation for Agricultural Accidents at Work, adopted by the International Labour Conference at its third session, remains in force.
The compensation due to the worker or persons dependent on him for accidents resulting in his permanent incapacity for work or death shall be paid in the form of regular payments. However, such compensation may be paid in whole or in part in the form of principal, provided that the competent authority is given a guarantee that it will be used with consideration.
In the event of incapacity for work, compensation shall be granted no later than the fifth day following the accident, whether paid by the competent employer, insurance against accidents or sickness insurance.
The allowance for compensation will be granted in cases where the incapacity to work as a result of an accident at work is such that the disabled person requires the permanent assistance of another person.
National legislation shall lay down the control measures and the arrangements for examining the compensation which it considers necessary.
Persons suffering from an accident at work will be entitled to medical and surgical and pharmaceutical assistance, which will be recognised as necessary as a result of such accidents. This assistance will be provided at the expense of either employer or accident, sickness or disability insurance companies.
1. Persons suffering from an accident at work will have the right to be provided and normally restored by an employer or an insurer with prostheses and orthopaedic aids, the use of which will be recognised as necessary. However, national legislation may exceptionally allow the provision and renewal of prostheses and orthopaedic aids to be replaced by the granting of additional compensation to a person suffering from an accident, the amount of which corresponds to the likely cost associated with the provision and renewal of such aids and will be decided upon at the time of its designation or review.
2. National legislation provides for such control measures as are necessary to prevent, as regards the renewal of the equipment, its abuse or to ensure that additional compensation is used for that purpose.
National legislation will include provisions which, taking into account national conditions, will be considered most appropriate to ensure, in all circumstances, payment of compensation to persons who have suffered an accident at work or who are dependent on them in the event of their insolvency.
The formal ratification of this Convention shall be notified and registered to the Director-General of the International Labour Office under the conditions laid down in the Constitution of the International Labour Organisation.
1. This Convention shall enter into force once the Director-General of the International Labour Office has registered the ratification of two Member States of the International Labour Organisation.
2. This Convention only obliges Member States whose ratification has been registered with the International Labour Office.
3. For each other Member State, this Convention shall become effective after its ratification has been registered with the International Labour Office.
Once the ratification of two Member States of the International Labour Organisation has been registered with the International Labour Office, the Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation. They shall also notify them of the minutes of any ratification communicated to it by the members of the organisation.
Subject to the provisions of Article 13, each Member State which ratifies this Convention shall agree to implement the provisions of Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 by 1 January 1927 at the latest and shall take the necessary measures to ensure that those provisions take effect.
Each Member State The International Labour Organisation, which ratifies this Convention, undertakes to implement it in its colonies, holdings and protectorates, in accordance with the provisions of Article 35 of the ILO Constitution.
Any Member State which has ratified this Convention may denounce it five years after the date on which the Convention first came into force by written communication to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered with the International Labour Office.
Whenever deemed necessary, the Administrative Board of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and examine whether it is appropriate to put on the agenda of the General Conference a question of its complete or partial revision.
The French and English versions of this Convention shall be equally authentic.
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No 437 / 1990 Coll., on the negotiation of the Convention on Compensation for Labour Accidents in Agriculture (No 12) and the Convention on Compensation for Accidents at Work (No 17) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.10.1990 |
|---|---|
| Effective from | 12.06.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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