Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - China (Ratification: 1934)

Article 1, paragraph 1, of the Convention. Equal treatment. The Committee notes from the information sent by the Government in its report that a new regulatory text on industrial accident insurance was adopted during the period covered by the report. It understands that section 2 of these new regulations requires all enterprises to take out occupational accident insurance for all their wage earners and employees without any distinction as to nationality, and requests the Government to indicate in its next report whether this is indeed the case.

Article 1, paragraph 2. Transfer of benefits abroad. The Committee further notes from the Government’s report that there are no special agreements with other States parties to the Convention (currently 121 States) on payments that may have to be made outside China in the event of transfer of residence abroad following an industrial accident. The Government indicates in this connection that the 180,000 foreign workers counted in the country are for the most part managers and technical staff employed in foreign-capital enterprises, but that it has no disaggregated statistics on industrial accidents pertaining to these workers specifically. The Committee would be grateful if the Government would indicate the manner in which the new regulatory framework governs the transfer abroad of cash benefits for industrial accidents, as regards both Chinese nationals and nationals of States parties to the Convention and their dependents (Article 1, paragraph 2). Please provide a copy of the provisions that specifically govern the transfer of benefits abroad.