Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 2 of the Convention, branch (g) (Employment injury benefit). The Committee notes that the Government’s report does not contain any replies to the issues raised in its 2002 direct request concerning the payment of benefits due in the event of employment injury to foreign workers. The Committee recalls that the first three indents of section L.434-20 of the Social Security Code restrict or suppress the right of foreign workers and their dependants who no longer reside in French territory to benefits due in the event of employment injury, although these provisions may be modified by international agreements. In this regard, in its report for the 1998-2001 period, the Government indicated that, in the case of residence abroad, the provision of benefits is not ensured for death grants and employment injury pensions, although this condition of residence is lifted for States that have concluded a bilateral agreement with France. With regard to multilateral agreements, such as the ILO Conventions, the report indicated that, apart from death grants, the condition of residence was also lifted for States bound by Convention No. 19 which has been ratified by France. With regard to Convention No. 118, the Government indicated in its report for the 1977-79 period that this Convention established an automatic reciprocity system between France and other States that had ratified the Convention and that, as a consequence, such restrictions could not affect nationals of States which have accepted the obligations of the Convention for branch (g) (Employment injury benefit). The Committee therefore requests the Government to indicate the extent to which the abovementioned provisions of section L.434-20 of the Social Security Code are effectively amended in law and practice by Convention No. 118 so as to lift the condition of residence, in accordance with Article 4, paragraph 1, of the Convention, for the nationals of all the member States of the Convention, and guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of branch (g), when they are resident abroad, the provision of employment injury pensions, in accordance with Article 5, paragraph 1. The Committee requests the Government to communicate copies of all regulatory or administrative measures taken in this regard and to indicate, if appropriate, the bilateral arrangements that guarantee the payment of employment injury pensions in the case of residence abroad. The Government is also requested to indicate the manner in which effect is given to these provisions of the Convention in practice, in respect of the benefits provided in the context of survivors’ insurance.