Preamble
The General Conference of the International Labour Organisation,
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 the minimum scale of 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 twenty-five, the following Recommendation, which may be cited as the Workmen's Compensation (Minimum Scale) Recommendation, 1925, to be submitted to the Members of the International Labour Organisation for consideration with a view to effect being given to it by national legislation or otherwise, in accordance with the provisions of the Constitution of the International Labour Organisation:
The General Conference recommends that each Member of the International Labour Organisation should take the following principles and rules into consideration:
I
Where incapacity for work results from the injury, the national laws or regulations should provide for the payment of compensation at rates not lower than those hereinafter indicated:
- (1) In the case of permanent total incapacity, a periodical payment equivalent to two-thirds of the workman's annual earnings;
- (2) In case of permanent partial incapacity, a proportion of the periodical payment due in the event of permanent total incapacity calculated in reference to the reduction of earning power caused by the injury;
- (3) In case of temporary total incapacity, a daily or weekly payment equivalent to two-thirds of the workman's basic earnings as calculated for purposes of compensation;
- (4) In case of temporary partial incapacity, a proportion of the daily or weekly payment payable in the case of temporary total incapacity calculated in reference to the reduction of earning power caused by the injury.
Where compensation is paid in a lump sum, the sum should not be less than the capitalised value of the periodical payment which would be payable under the foregoing paragraphs.
II
Where the injury is such that the workman requires the constant help of another person, additional compensation should be paid to the workman, which should not be less than half the amount payable in the case of permanent total incapacity.
III
Where death results from the injury, those entitled to be regarded as dependants for purposes of compensation should include at least the following: (1) deceased's husband or wife;
- (2) deceased's children under eighteen years of age, or above that age if, by reason of physical or mental infirmity, they are incapable of earning;
- (3) deceased's ascendants (parents or grandparents), provided that they are without means of subsistence and were dependent on the deceased, or the deceased was under an obligation to contribute towards their maintenance;
- (4) deceased's grandchildren and brothers and sisters, if below eighteen years of age, or above that age if, by reason of physical or mental infirmity, they are incapable of earning, and if they are orphans, or if their parents, though still living, are incapable of providing for them.
Where compensation is paid by means of periodical payments, the maximum total of the yearly sum payable to all the dependants should not be less than two-thirds of the deceased's annual earnings.
Where compensation is paid in a lump sum, the maximum sum payable to all the dependants should not be less than the capitalised value of periodical payments equivalent to two-thirds of the deceased's annual earnings.
IV
The vocational re-education of injured workmen should be provided by such means as the national laws or regulations deem most suitable.
Governments should encourage institutions which undertake such re-education.
