Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

France

Convention (n° 12) sur la réparation des accidents du travail (agriculture), 1921 (Ratification: 1928)
Convention (n° 118) sur l'égalité de traitement (sécurité sociale), 1962 (Ratification: 1974)

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In order to provide a comprehensive overview of the issues relating to the application of the ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 12 (workers’ compensation in agriculture) and 118 (equality of treatment, social security) together in a single comment.

The Committee notes the observations made by the National Federation of Farmers’ Unions (FNSEA) on the application of Convention No. 12, which were provided with the Government’s report.

Article 1 of Convention No. 12. Extension to all agricultural wage-earners of laws and regulations on compensation for employment injury. The Committee notes the observations of the FNSEA on the difference between the general scheme and the agricultural scheme with regard to the procedure for the recognition of the occupational nature of accidents, which is necessary for entitlement to compensation. In particular, the FNSEA indicates that, under the general scheme, the victim of an accident or her or his representatives and the employer shall be informed of the period during which they may consult the file relating to the investigation of the accident and make their observations at the latest ten days before the beginning of this period (section R441-8 (II) of the Social Security Code, as amended by Decree No. 2019-356 of 23 April 2019). The FNSEA adds that the obligation to give advance notice of the period of consultation is not set out in the agricultural scheme governed by the Rural and Maritime Fishing Code. In this regard, the Committee notes the Government’s reply indicating that a draft decree is under preparation with a view to resolving the problem raised by the FNSEA. The Committee requests the Government to provide information on the progress made in the adoption of the decree and to provide a copy of the decree once it has been adopted.

Articles 4(1) and 5 of Convention No. 118. Employment injury benefit. The Committee notes the Government’s indication that, in accordance with section 434-20(1) of the Social Security Code, nationals of countries which are not Members of the European Union (EU) or the European Economic Area (EEA) and nationals of countries with which France has not concluded a bilateral social security agreement, who cease to be resident on French territory, receive a lump sum equivalent to a multiple of the annual sum of the annuity envisaged in the event of employment injury or occupational disease. The Committee further notes that, in accordance with section 434-20(4) of the Social Security Code, the legislative provisions respecting the provision of a lump sum instead of an annuity to victims of employment injury or their survivors who are resident abroad may be modified by international treaties or agreements. In this regard, the Committee recalls the indication provided by the Government in its 2017 report that the ILO Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), which has been ratified by France, applies to the provision of employment injury benefit. The Committee further notes the reference by the Government to judicial decisions emphasizing the direct application of Convention No. 118, and particularly Article 4(1), which provides for equality of treatment without any condition respecting residence. The Committee requests the Government to indicate whether nationals of countries that have ratified Conventions Nos 19 and/or 118 and who cease to be resident on the French territory continue to receive the annuity envisaged in the event of employment injury.

Article 5 of Convention No. 118. Payment of benefits abroad. (i)Invalidity pensions. The Committee notes the Government’s indication that invalidity pensions are provided for persons with disabilities who are resident in a country that has not concluded an agreement with France, subject to administrative and medical checks undertaken with the assistance of the French consular representative in the country of residence of the person concerned.

(ii)Widow’s allowance. The Committee notes the Government’s indication that, in order to receive a widow’s allowance, the surviving spouse must be resident in metropolitan France or an overseas department (Guadeloupe, Guyana, Martinique, Réunion, and Mayotte), Polynesia or New Caledonia when making the claim. The Government also refers to bilateral agreements with certain countries, under which other places of residence are possible, depending on the nationality of the surviving spouse and the deceased insured person.

The Committee recalls that, under the terms of Article 5 of Convention No. 118, each Member State shall guarantee both to its own nationals and to the nationals of any other Member State which has accepted the obligations of the Convention in respect of the branch in question, when they are resident abroad, provision of survivors’ benefits and death grants irrespective of their place of residence. The Committee therefore requests the Government to provide information on the measures adopted to ensure the provision of the widow’s allowance abroad to French nationals and to the nationals of countries which have accepted the survivors’ benefits branch, namely Barbados, Brazil, Cabo Verde, Ecuador, Egypt, Guinea, Iraq, Israel, Italy, Jordan, Kenya, Libya, Mauritania, Mexico, Norway, Philippines, Rwanda, Syrian Arab Republic, Tunisia, Türkiye and Bolivarian Republic of Venezuela, irrespective of their place of residence.