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liability on account of the injury, and to be entitled to a duly executed release, upon filing which or other due proof of payment, the liability upon any agreement or award to be discharged of record.)
Sec. 31. (Where the payment of compensation to the workman is insured, the insurer shall be subrogated to the rights and duties of the employer under this act, so far as appropriate.).
SEC. 32. All references hereinbefore to the court or to a justice of such court, shall mean (such court, etc., in and for the county or district in which such accident occurred, but the objection that proceedings are in the wrong county or district may be waived). Such court shall make all rules necessary and appropriate to carry out the provisions of this act.
Sec. 33. A workman's right to compensation under this act, may, in default of agreement or arbitration, be determined and enforced by action in (any court of competent jurisdiction). In every such action the right to trial by jury shall be deemed waived and the case tried by the court without a jury, unless either party (with his notice of trial-or-when the case is placed upon the calendar, demand a jury trial and рау.
the fees of such a trial). The judgment in the action, if in favor of the plaintiff, shall be for a lump sum equal to the amount of the payments then due and prospectively due under this act, with interest on the payments overdue, or, in the discretion of the trial judge, for periodical payments as in an award. Where death results from the injury, the action shall be brought by (the legal representative) of the deceased for the benefit of the dependents as herein defined; and in such action the judgment may provide the proportions of the award to be distributed to or between the several dependents; otherwise such proportions shall be determined by the proper (probate) court as hereinbefore provided. An action to set aside a release or other discharge of liability on the ground of fraud, or mental incompetency may be joined with an action for compensation under this act.
Sec. 34. The cause of action shall be deemed in every case, including a case where death results from the injury, to have accrued to the injured workman at the time of the accident; and the time limited in which to commence an action for compensation therefor shall run as against him, his (legal representatives) and dependents from that date. (Amend the statute of limitations, if necessary, to make the short term, applicable to actions in tort, apply; but do not assimilate this action in terms to an action in tort.)
Sec. 35. (Contingent fees of attorneys for services in proceedings under this act shall in every case be subject to approval by the court, and a copy of every agreement for a contingent fee shall be filed within- -a certain time with the commissioner of labor.)
Sec. 36. If the (commissioner of insurance) certifies that any scheme of compensation, benefit or insurance for the workmen of an employer in any employment to which this act applies, whether or not such scheme includes other employers and their workmen, provides scales of compensation not less favorable to the workmen and their dependents than the corresponding scales contained in this act, and that, where the scheme provides for contributions by the workmen, the scheme confers benefits at least equaivalent to those contributions, in addition to the benefits to which the workmen would have been entitled under this act or their equivalents, the employer may, while the certificate is in force, contract with any of his workmen that the provisions of the scheme shall be substituted for the provisions of this act; and thereupon the employer shall be liable only in accordance with that scheme; but, save as aforesaid, this act shall apply notwithstanding any contract to the contrary made aiter this act becomes a law.
Sec. 37. No scheme shall be so certified which does not contain suitable provisions for the equitable distribution of any moneys or securities held for the purpose of the scheme, after due provision has been made to discharge the liabilities already accrued, if and when such certificate is revoked or the scheme otherwise terminated.
Sec. 38. If at any time the scheme no longer fulfills the requirements of this article, or is not fairly administered, or other (valid and substantial) reasons therefor exist, the (commissioner of insurance) shall revoke the certificate and the scheme shall thereby be terminated.
Sec. 39. Where a certified scheme is in effect the employer shall answer all such inquiries and furnish all such accounts in regard thereto as may be required by the (commissioner of insurance).
Sec. 40. The (commissioner of insurance) may make all rules and regulations necessary to carry out the purposes of this article.
RESOLUTIONS OF THE SIXTH DELEGATES' MEETING OF THE
INTERNATIONAL ASSOCIATION FOR LABOR LEGISLATION.
The sixth general meeting of delegates of the International Association for Labor Legislation was held at Lugano, Switzerland, September 26 to 28, 1910. According to the official report of the association, the organization now comprehends national sections in 15 countries: Austria, Belgium, Denmark, France, Germany, Great Britain, Hungary, Italy, Netherlands, Norway, Spain, Sweden, Switzerland, Argentine Republic, and the United States. The association has a membership of about 5,400. The value and official character of its work are recognized by the fact that it is subsidized by the Governments of 13 countries. Over 100 delegates of the national sections and Government representatives were present at the Lugano meeting. The resolutions adopted by the delegates are given in full in the following pages:
I. INTERNATIONAL LABOR CONVENTIONS. 1. The bureau is instructed to petition the Danish and Spanish Governments to ratify at an early date the Berne convention of September 26, 1906, respecting the night work of women.
The bureau is instructed to take appropriate measures to secure the accession of Norway, Russia and Finland, Turkey, East India, the Australian and Canadian colonies, and South Africa to the Berne conventions.
2. The delegates' meeting expresses its most cordial thanks to the French, British, and Dutch Governments for the adhesion of their colonies and protectorates to the Berne convention, to the Australian Commonwealth for prohibiting the use of white phosphorus, to the American section for its efforts in this direction in the United States, and to the Hungarian minister of commerce, who has announced that the prohibition of white phosphorus will most probably be introduced in Hungary at an early date.
The bureau is instructed to persevere in its efforts to procure the adhesion of countries which have not yet joined the convention, and especially Belgium, Norway, Sweden, India, South Africa, and Japan.
II. NEW SECTIONS AND CONSTITUTIONS OF SECTIONS_FINANCES AND BULLETIN-COOPERATION WITH OTHER INTERNATIONAL ASSOCIATIONS-EXHIBITIONS OF HYGIENE AT DRESDEN AND ROME-PLACE AND DATE OF THE NEXT MEETING.
A. NEW SECTIONS AND CONSTITUTIONS OF SECTIONS. The constitutions of the Norwegian and Swedish sections are approved.
B. FINANCES AND BULLETIN. 1. The delegates' meeting acknowledges with satisfaction the reports of the bureau, the treasurer, and the International Labor o.lice, and thanks them heartily for their activity.
2. The treasurer's accounts, vouchers, and cash have been audited and found correct.
3. The budget for 1910 and 1911 is approved. The meeting approves the advance payment of 3,000 francs [$579), requested and made in consequence of the issue of the English edition of the Bulletin having been expedited. In renewing contracts for the publication of the Bulletin every effort shall be made to reduce the cost of printing.
4. The delegates' meeting expresses to the Government of the United States its hearty thanks for the increase of its appropriation.
5. The delegates' meeting instructs the bureau to express to the British Government its hearty thanks for sending official representatives, and, at the same time, to convey to it, by these delegates, a request that the British Government may make a contribution toward the expenses of the international labor office, as is done by all the industrial states of Europe and by the United States of America. This request shall emphasize the fact that such a contribution will be mainly applied to meeting the expenses of the English edition of the Bulletin, which is translated and printed in England. In case the Government of Great Britain should make an appropriation for the international labor office, the bureau is authorized, in its discretion, to contribute toward the expenses of translating the bulletin into English a sum not exceeding in any year the sum actually received from the British Government.
WITH OTHER INTERNATIONAL ASSOCIATIONS.
The bureau is authorized to enter into communication with other associations whose aims are similar to those of the International Association for Labor Legislation, in order to come to an understanding regarding any financial or economic questions in which they may have a common interest.
D. INTERNATIONAL EXHIBITIONS AT DRESDEN AND ROME.
The delegates' meeting leaves the bureau free to exhibit at the exhibitions of hygiene at Dresden and Rome any statistical tables or publications relating to industrial hygiene.
E. PLACE AND DATE OF THE NEXT MEETING.
The delegates' meeting resolves that the next (seventh) delegates' meeting of the international association shall take place in the autumn of 1912 in Zurich.
III. ADMINISTRATION OF LABOR LAWS.
I. The delegates' meeting takes note of the proof of the first comparative report drawn up by the International Labor Office on the measures adopted in European countries to enforce labor laws. This proof shall be submitted to the sections with a view to its being amended and supplemented.
II. The bureau is instructed to request the Governments, with a view to making the administration of labor laws in the different countries comparable, to supply data at least on the following points:
1. The nature and number of the establishments subject to inspection and of workers affected.
2. The number of establishments actually inspected and of workers affected.
3. The number of visits of inspection paid by inspectors, distinguishing visits paid at night.
4. The number of cases where persons were cautioned or where penalties were imposed for infringements of the law.
5. The nature and success of arrangements for securing the cooperation of the workers in the enforcement of the law
(a) By including workers amongst the staff of inspection.
(6) By the institution of regular relations between the inspecting staff and organized and nonorganized workers.
(c) By giving workmen's trade-unions the right to take legal proceedings.
The data desired under 1 to 3 above should be classified according to industries.
The headings of the tables in inspectors' reports should be given in one of the three principal languages.
IV. CHILD LABOR.
A special commission is appointed with instructions to examine the execution, in the several countries, of the laws for the protection of child labor, and to prepare a comprehensive compilation of the results of the investigations undertaken by the sections in pursuance of the Lucerne resolutions.
V. NIGHT WORK OF YOUNG PERSONS.
Being convinced that the Lucerne resolutions form an adequate basis for the international regulation of the night work of young persons, the delegates' meeting instructs the bureau to request the Swiss Federal Council to invite the Governments to an international conference on the subject.
The meeting instructs the subcommission to continue its work in pursuance of the Lucerne resolutions and to inquire whether the exceptions to the prohibition of the night work of young persons declared by the Lucerne resolutions to be permissible could not be further limited in the case of young persons employed in glassworks and rolling mills. These investigations shall be continued until such time as the request for the international regulation of the question shall be presented to the Swiss Federal Council.
Being convinced that it is reasonable to determine a definite period for the application of transitory provisions, the delegates' meeting resolves that Resolution V, 6, of the Lucerne resolutions shall read as follows:
“Any transitory provisions applicable to rolling mills and glassworks, contained in an international convention for the regulation of the night work of young persons, should apply only for a definite period, which it is suggested should be fixed at five years.'
The meeting is of opinion, that, in the absence of sufficient information, it would not be expedient to include in an international convention the question of the night work of young persons in hotels, restaurants, and public houses, shops and offices. Notwithstanding, the meeting wishes to draw the attention of the various nations to the interest which every country has in the legal limitation of the night work of young persons in these occupations.
VI. MAXIMUM WORKING DAY.
A. TEN-HOUR MAXIMUM WORKING DAY FOR WOMEN IN ESTABLISH
MENTS EMPLOYING 10 OR MORE WORKERS.
The delegates' meeting confirms the resolutions of the fifth delegates' meeting, and, in view of the fact that several States have introduced the 10-hour working day for women, believes that the time has come to extend this 10-hour working day to all States by international treaty, at least in the case of establishments employing 10 or more workers.
The bureau is authorized to take such steps as may be necessary to bring about such a treaty, and for this purpose, to draft a memorandum on the subject.
The sections shall report to the bureau by 1st February, 1911, on the present state of legislation and legal decisions on the hours of work of women in their countries. The memorandum of the bureau shall be laid as soon as possible before a special commission of five members.
B. TEN-HOUR MAXIMUM WORKING DAY FOR YOUNG PERSONS.
In view of the fact that several States have by national legislation introduced the 10-hour maximum working day for young persons, the delegates' meeting believes that the time has come to extend the same by international treaty to all States.
The bureau is authorized to take the steps necessary to bring about such a treaty and to prepare for this purpose a memorandum which will take into consideration the special circumstances of individual States and define exactly any exceptions which may be necessary.
The sections shall report to the bureau by February 1, 1911, on the present state of legislation and legal decisions on the hours of work of young persons in their countries. The bureau's memorandum shall be laid as soon as possible before the special commission on the maximum working day for women.