CONVENTION (NO. 17) CONCERNING WORKMEN’S COMPENSATION FOR ACCIDENTS, AS MODIFIED BY THE FINAL ARTICLES REVISION CONVENTION

Note: The first Convention was adopted at Geneva, June 10, 1925. The Convention as amended was concurred in by the Senate, S.R. No. 44, May 19, 1960. The Philippine instrument of ratification was signed by the President, September 16, 1960 and deposited with the Director-General of the ILO, November 17, 1960. The original Convention entered into force, April 1, 1927. The amended Convention entered into force with respect to the Philippines, November 17, I960.

Reference: This Convention is also published in 38 UNTS, p. 229.

The General Conference of the International Labour Organization, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventh Session on 19 May 1925, and Having decided upon the adoption of certain proposals with regard to workmen’s compensation for accidents, which is included in the first item of the agenda of the Session, and Having determined that these proposals shall take the form of an International Convention, adopts this tenth day of June of the year one thousand nine hundred and twenty-five the following Convention, which may be cited as the Workmen’s Compensation (Accidents) Convention, 1925, for ratification by the Members of the International Labour Organization in accordance with the provisions of the Constitution of the International Labour Organization:

ARTICLE 1

Each Member of the International Labour Organization which ratifies this Convention undertakes to ensure that workmen who suffer personal injury due to an industrial accident, or their dependents, shall be compensated on terms at least equal to those provided by this Convention.

ARTICLE 2

1. The laws and regulations as to workmen’s compensation shall apply to workmen, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private.

2. It shall nevertheless be open to any Member to make such exceptions in its national legislation as it deems necessary in respect of—

(a) persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer’s trade or business;

(b) out-workers;

(c) members of the employer’s family who work exclusively on his behalf and who live in his house;

(d) non-manual workers whose remuneration exceeds a limit to be determined by national laws or regulations.

ARTICLE 3

This Convention shall not apply to—

(1) seamen and fishermen for whom provision shall be made by a later Convention;

(2) persons covered by some special scheme, the terms of which are not less favourable than those of this Convention.

ARTICLE 4

This Convention shall not apply to agriculture, in respect of which the Convention concerning workmen’s compensation in agriculture adopted by the International Labour Conference at its Third Session remains in force.

ARTICLE 5

The compensation payable to the injured workman, or his dependents, where permanent incapacity or death results from the injury, shall be paid in the form of periodical payments; provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilized.

ARTICLE 6

In case of incapacity, compensation shall be paid not later than as from the fifth day after the accident, whether it be payable by the employer, the accident insurance institution, or the sickness insurance institution concerned.

ARTICLE 7

In cases where the injury results in incapacity of such a nature that the injured workman must have the constant help of another person, additional compensation shall be provided.

ARTICLE 8

The national laws or regulations shall prescribe such measures of supervision and methods of review as are deemed necessary.

ARTICLE 9

Injured workmen shall be entitled to medical aid and to such surgical and pharmaceutical aid as is recognized to be necessary in consequence of accidents. The cost of such aid shall be defrayed either by the employer, by accident insurance institutions, or by sickness or invalidity insurance institutions.

ARTICLE 10

1. Injured workmen shall be entitled to the supply and normal renewal, by the employer or insurer, of such artificial limbs and surgical appliances as are recognized to be necessary: provided that national laws or regulations may allow in exceptional circumstances the supply and renewal of such artificial limbs and appliances to be replaced by the award to the injured workman of a sum representing the probable cost of the supply and renewal of such appliances, this sum to be decided at the time when the amount of compensation is settled or revised.

2. National laws or regulations shall provide for such supervisory measures as are necessary, either to prevent abuses in connection with the renewal of appliances, or to ensure that the additional compensation is utilized for this purpose.

ARTICLE 11

The national laws or regulations shall make such provision as, having regard

to national circumstances, is deemed most suitable for ensuring in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to workmen who suffer personal injury due to industrial accidents or, in case of death, to their dependents.

ARTICLE 12

The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organization shall be communicated to the Director-General, of the International Labour Office for registration.

ARTICLE 13

1. This Convention shall come into force at the date on which the ratifica tions of two Members of the International Labour Organization have been regis tered by the Director-General.

2. It shall be binding only upon those Members whose ratifications have been registered with the International Labour Office.

3. Thereafter, the Convention shall come into force for any Member at the date on which its ratification has been registered with the International Labour Office.

ARTICLE 14

As soon as the ratifications of two Members of the International Labour Organization have been registered with the International Labour Office, the Director-General of the International Labour Office shall notify all the members of the International Labour Organization. He shall likewise notify them of the registration of ratifications which may be communicated subsequently by other Members of the Organization.

ARTICLE 15

Subject to the provisions of Article 13, each Member which ratifies this Convention agrees to bring the provisions of Articles 1, 2, 3, 4, 5, 6. 7, 8, 9, 10 and 11 into operation not later than 1 January 1927 and to take such action as may be necessary to make those provisions effective.

ARTICLE 16

Each Member of the International Labour Organization which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 35 of the Constitution of the International Labour Organization.

ARTICLE 17

A Member which has ratified this Convention may denounce it after the expiration of five years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.

ARTICLE 18

At least once in ten years, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall consider the desirability of placing on the agenda of the Conference the question of its revision or modification.

ARTICLE 19

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

The foregoing is the authentic text of the Workmen’s Compensation (Accidents) Convention, 1925, as modified by the Final Articles Revision Convention, 1946.

The original text of the Convention was authenticated on 24 June 1925 by the signatures of Dr. Edvard Benes, President of the Conference, and Albert Thomas, Director of the International Labour Office.

The Convention first came into force on 1 April 1927.

IN FAITH WHEREOF 1 have, in pursuance of the provisions of Article 6 of the Final Articles Revision Convention, 1946, authenticated with my signature this thirtieth day of April 1948 two original copies of the text io the Convention as modified.