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The agreement on procedure for investigation of the labor accidents which happened to workers in case of stay them out of the state of accommodation

of December 9, 1994

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

attaching extremely important significance to protection of the rights of citizens, injured labor accidents,

understanding need of combination of efforts in injury prevention,

being guided by the Agreement on cooperation in the field of labor protection,

agreed as follows:

Article 1

This agreement establishes procedure for investigation of the labor accidents which happened to the workers who are temporarily in the territory of other Party in business trip.

Article 2

The terms applied in this agreement have the following values:

"accident" - injury, acute occupational disease (poisoning), heatstroke, burn, frostbite, drowning, defeat with electric current or lightning, damage owing to accident, the fire, natural disaster (earthquake, landslide, flood, hurricane etc.), contact with animals, insects and other representatives of flora and fauna;

"employer" - the company, organization, the organization, irrespective of patterns of ownership and departmental accessory, or physical person with which the worker consists in employment relationships;

"business trip" - the worker's trip according to the order of the employer for accomplishment of the office order in the territory of other Party.

Article 3

Investigation of each accident, including procedure for the notification about injury, formation of the commission on investigation, the organization of its work which arose with respect thereto obligations of the companies, healthcare institutions, services of the state supervision and other interested organizations and officials, the solution of other questions connected with the organization of investigation is conducted according to the procedure, established by the corresponding regulations of the Party in the place of stay of the victim at the time of accident.

This agreement extends to the companies, organizations and the organizations of the Parties irrespective of patterns of ownership, and also to physical persons with whom the worker consists in employment relationships.

Article 4

Investigation heavy, group, and also from the death of accidents is conducted with obligatory participation of the representative of employer. In exceptional cases the employer can charge participation in investigation to the authorized representative from the Party in the territory of which the victim stays.

Article 5

For the cases investigated according to this agreement, the Parties establish agreed form of the Act of labor accident (H-1M form) attached to this Agreement and which is its integral part. Execution of the specified Act is obligation of the company at which there was accident. The act is drawn up in state language of the Party in the territory of which there was accident, and Russian. All materials of investigation (including the Act of the H-1M form which is handed out to the victim at its request or person representing its interests) on its completion without fail go to the employer, and materials of investigation of group accidents and cases from the death - to also state body of supervision and control of compliance with law about labor protection of the Party in the place of permanent job of the victim.

Article 6

The company at which there was accident shall organize rendering first aid to the victim, out-patient or, if necessary, hospitalization (hospitalization). In case of the death of the worker this company informs on it diplomatic or consular representation of the Party of permanent residence of the worker with provision of materials upon death and together with local executive bodies renders assistance to representatives of employer and relatives of the body which was injured in transportation and personal property of the dead, and also in other necessary cases. The costs connected with it are incurred by the company of the Party in the territory of which there was accident.

Article 7

Procedure for the indemnification caused to the worker in connection with the labor accident stipulated by this agreement and also procedure for satisfaction of the recourse action regarding compensation of costs for these purposes by the company guilty in that case are determined by the free standing agreement of the Parties.

Article 8

The accidents which happened on production to the workers staying in the territory of other Party according to employment or other contract are investigated according to the procedure established by the legislation of the Party according to the place of agreement. Compensation of damage to health of the victim in these cases is made according to 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.

Article 9

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

Article 10

Each of the Parties not later than from the date of the signature of this agreement will determine in a month Authority (bodies) to which its realization will be assigned.

Article 11

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

Article 12

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 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 force.

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.

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