The agreement on mutual recognition of the rights to indemnification, caused to workers by the mutilation, occupational disease or other damage of health connected with execution of labor obligations by them

of September 9, 1994

The State Parties of this agreement on behalf of the Governments which are hereinafter referred to as with the Parties

understanding special importance of social protection of persons who sustained the labor injuries, occupational disease or other damage of health connected with execution of labor obligations by them

proceeding from need of settlement in the field of social protection of citizens of the states, agreed as follows:

Article 1

This agreement extends to the companies, organizations and the organizations of the Parties (including the former USSR) irrespective of patterns of ownership (further - the companies).

Payments for indemnification, caused to workers by the mutilation, occupational disease or other damage of health connected with execution of labor obligations by them (further - indemnification), are made to the workers who were earlier working at the companies, and in case of their death - to the persons having the right to indemnification, being citizens and having the permanent residence in the territory of the either party.

Indemnification, caused to workers owing to catastrophic crash on the Chernobyl NPP and other radiation catastrophic crashes, is performed according to the accepted national legal system and special agreements.

Article 2

Indemnification, caused to the worker owing to labor mutilation, other damage of health (including in case of approach of disability as a result of the labor accident connected with execution by workers of labor obligations after moving of the victim on the territory of other Party), death, is made by the employer of the Party which legislation extended to the worker at the time of receipt of mutilation, other damage of health, death.

The employer responsible for damnification makes its compensation according to the national legal system.

Article 3

Indemnification is made by the employer of the Party which legislation extended to the worker during its labor activity which caused occupational disease and if the specified disease for the first time was revealed in the territory of other Party.

When the worker who got occupational disease worked at the territory of several Parties in conditions and spheres of activity which could cause occupational disease, indemnification is performed by the employer of the Party in the territory of which the specified work was last time performed.

Article 4

Review of severity of labor mutilation and occupational disease of the worker is performed according to the legislation of the Party in the territory of which he lives.

Article 5

The documents issued for the purpose of implementation of this agreement in the territory of one of the Parties in the established form or their verified copies are accepted by other Parties without legalization.

The solution of the corresponding medical commission of experts of any Party on extent of loss of professional working capacity as a percentage and need for additional types of the help has legal force for the indemnification caused to health of the worker irrespective of its residence, in the territory of the Parties which signed this agreement.

Article 6

The parties provide in priority procedure free transfer and payment of money for indemnification to workers (and in case of their death - to persons having the right to indemnification), constantly or temporarily staying in their territory, through banks and (or) organizations of mail service.

Money on indemnification is transferred according to the procedure, established by the intergovernmental agreement about money transfer to citizens on socially important non-commercial payments, at the expense of the employer.

Article 7

In case of liquidation of the company responsible for the harm done to workers and absence of his legal successor the Party in the territory of which the company is liquidated, guarantees indemnification to these workers according to the national legal system.

Article 8

On the cases provided in this agreement the court of the Party in the territory of which the action which formed the basis for the requirement about indemnification or court of the Party in the territory of which persons having the right to indemnification at the choice of the victim live took place is competent.

Article 9

According to the mutual arrangement of the Party can make necessary additions and changes which are drawn up by the relevant protocols to this agreement and are integral part of this agreement.

Article 10

Disputes on interpretation or application of this agreement are solved by negotiations of concerned parties and other commonly accepted means, including the conciliation commissions created at the request of one of the Parties.

Article 11

The questions which are not settled by this agreement, and also connected with its application are considered by authorized bodies of the Parties.

Article 12

For the purpose of implementation of this agreement of the Party will be:

pursue policy of rapprochement of the national legal system by cooperation;

inform each other on the social laws existing in their states and its changes, including through the Advisory board on work, migration and social protection of the population.

Article 13

This agreement becomes effective from the date of delivery to depositary from three Parties of the notifications confirming accomplishment by the State Parties of the interstate procedures necessary for its introduction in силу*.

Article 14

This agreement is open for accession to it of other states sharing its purposes and the principles by transfer to depositary of documents on accession.

Article 15

This agreement is signed for a period of five years and every time for one year will be prolonged automatically. Each of the Parties can declare the intention to leave this agreement by the written notice of depositary of it at least in six months prior to the expiration of the corresponding period.

Article 16

The payments for indemnification appointed to persons during participation of the Party in this agreement keep the force and after exit of the Party from it.

It is made in the city of Moscow on September 9, 1994 in one authentic copy in Russian. The authentic copy is stored in Archive of the Government of the Republic of Belarus which will send to each state which signed this agreement, its verified copy.

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