Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - France (Ratification: 1974)

Article 5 of the Convention. In its report, the Government indicates that the grant of benefits is ensured in the case of residence abroad, except for death grants and, unless covered by the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), (ratified by France), employment injury annuities.

The Committee notes that the first three indents of section 434-20 of the Social Security Code restrict or suppress the right of foreign workers and their dependants to benefits due in the event of employment injury, although these provisions may be modified by international Conventions. It recalls in this respect that in its report for the period 1977-79, the Government indicated that Convention No. 118 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 requests the Government to confirm that this is still the case and, if so, to provide copies of any regulations or administrative provisions (such as circulars) setting forth this practice, in accordance with Article 5 of the Convention, which provides for the provision of employment injury annuities in case of residence abroad for both French nationals and the nationals of any other State which has accepted the obligations of the Convention for branch (g).

Please also indicate the manner in which effect is given to this provision of the Convention with regard to benefits provided in the context of life insurance schemes.