A. —58,

RECOMMENDATION CONCERNING JURISDICTION IN DISPUTES ON WORKMEN'S COMPENSATION. The General Conference of the International Labour Organization of the League of Nations, having been convened at Geneva by the governing body of the International Labour Office, and having met in its seventh session on 19th May, 1925, and having decided upon the adoption of certain proposals with regard to jurisdiction in disputes 011 workmen's compensation, which is included in the first item of the agenda of the session, and having determined that these proposals should take the form of a recommendation, adopts, this tenth day of June of the year one thousand nine hundred and twentyfive, the following recommendation, to be submitted to the members of the International Labour Organization for consideration with a view to effect being given to it by national legislation or otherwise, in accordance with the provisions of Part XIII of the Treaty of Versailles and of the corresponding parts of the other Treaties of Peace. Whereas disputes on workmen's compensation turn not only on the interpretation of laws and regulations, but also on questions of an occupational character requiring a thorough knowledge of working conditions—for example, questions as to the nature of the undertaking, the kind of risk inherent in it, the relation between the workman's employment and the accident, the method of computing earnings, the degree of incapacity for work, the possibility of the workman's adapting himself to some other occupation : And whereas workmen and employers have the necessary knowledge and experience on these questions, and disputes on compensation matters might be more equitably settled if they were members of or associated with the Courts which have to decide such disputes : And whereas it is possible in many countries to secure the association of employers and workmen with such Courts, as members or otherwise, without departing radically from the existing judicial system : The General Conference recommends that each member of the International Labour Organization should take the following principles and rules into consideration :— I. That every dispute relating to workmen's compensation should preferably be dealt with by a special Court or Board of Arbitration comprising, with or without the addition of regular Judges, an equal number of employers' and workmen's representatives appointed to act as adjudicators by their respective organizations or on the nomination of such organizations, or comprising employers' and workmen's representatives drawn from other social institutions or elected by separate electoral bodies of employers and workmen. 11. That, where disputes relating to workmen's compensation are dealt with by the ordinary Courts of law, such Courts shall be required, on the request of either of the parties concerned, to hear employers' and workmen's representatives as experts in any case where the dispute involves a question of an occupational character, and in particular the question of the degree of incapacity for work. The foregoing is the authentic text of the recommendation duly adopted by the General Conference of the International Labour Organization during its seventh session, which was held at Geneva and declared closed the 10th day of June, 1925. In faith whereof we have appended our signatures this 24th day of June, 1925. The President of the Conference : Dr. Edvard Benes. The Director of the International Labour Office : Albert Thomas. DRAFT CONVENTION CONCERNING WORKMEN'S COMPENSATION FOR OCCUPATIONAL DISEASES. The General Conference the International Labour Organization of the League of Nations, having been convened at Geneva by the governing body of the International Labour Office, and having met in its seventh session 01119 th May, 1925, and having decided upon the adoption of certain proposals with regard to workmen's compensation for occupational diseases, which is included in the first item of the agenda of the session, and having determined that these proposals shall take the form of a draft international convention, adopts, this tenth day of June of the year one thousand nine hundred and twenty-five, the following draft convention for ratification by the members of the International Labour Organization, in accordance with the provisions of Part XIII of the Treaty of Versailles and of the corresponding parts of the other Treaties of Peace. Article 1. —Each member of the International Labour Organization which ratifies this convention undertakes to provide that compensation shall be payable to workmen incapacitated by occupational diseases, or, in case of death from such _ diseases, to their dependants, in accordance with the general principles of the national legislation relating to compensation for industrial accidents. The rates of such compensation shall be not less than those prescribed by the national legislation for injury resulting from industrial accidents. Subject to this provision, each member, in determining in its national law or regulations the conditions under which compensation for the said diseases shall be payable, and in applying to the said diseases its legislation in regard to compensation for industrial accidents, may make such modifications and adaptations as it thinks expedient.

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