The amount of all the expenditure which, according to experts, the Military Insurance Department will have to incur for the purpose of assuring the payment of the benefits for permanent invalidity, fixed during the course of the year, shall be paid into the reserve capital. The guarantee fund shall be formed out of the surplus receipts of the annual accounts of the Military Insurance Department, the interest on the fund and other revenues; it shall only be made to contribute in the cases provided for in §61, third paragraph. Any deficiencies shown in the accounts of the Military Insurance Department shall be covered by supplementary credits. 65. The Federal Assembly shall set aside every year in the Budget for the invalidity fund an amount which shall not be less than 500,000 francs. When the said fund has reached the amount of fifty millions the Federal Assembly shall decide whether it is advisable to continue the payments. The invalidity fund, the Grenus Invalids Fund, and the Federal Winkelried Foundation shall only be made to contribute in case of war, and then only in order to assure the payment of the benefits due in virtue of this Act. (E.) FINAL AND TEMPORARY PROVISIONS. 66. In the calculation of the periods provided for in this Act, the day from which the period starts shall not be taken into account. Whenever the last day falls on a Sunday or a legal holiday, the period shall expire on the next following working day. The period shall only be considered as having been adhered to if the act in question was accomplished before the expiration of the period; the documents must have reached their destination or have been posted at a Swiss post-office on the last day of the said period at the latest. 67. As regards decisions taken previous to the Federal Insurance Court entering upon its functions, by the Chief Medical Officer, in virtue of §§21 to 23 and by the Pension Committee, in virtue of §§34 to 48 and §50, the following provisions shall apply in lieu of $55 of this present Act : (1) The decisions of the Chief Medical Officer shall be subject to an appeal to the Swiss Military Department within 10 days, reckoned from the date of communication; against the decision of the latter an appeal may be brought, within a similar period, before the Federal Council, whose decision shall be final. (2) The Swiss Military Department shall fix the amount of the unemployment allowance upon the proposal of the Chief Medical Officer. An appeal against the decision of the Department may be brought within 10 days, reckoned from the date of the notification by the sick person or his survivors to the Federal Council, whose decision shall be final. (3) An appeal may be brought against the decisions of the Pension Committee by the insured person, or his survivors, before the Federal Council, within 30 days, reckoned from the date of notification; the Military Department may also, within a similar period, bring an appeal before the Federal Council against the decisions of the Pension Committee. The decision of the Federal Council shall be final. 68. All provisions of the Federal or Cantonal Acts and Decrees contrary to the present Act are hereby repealed; in particular— (1) The Federal Act, dated 28th June, 1901, * concerning the insurance of persons in military service against sickness and accidents. (2) The Federal Act, dated 27th June, 1906, amending §§18, 20 and 37 of the Military Insurance Act. (3) 892 of the Federal Act, dated 13th June, 1911,† concerning sickness and accident insurance. 69. The Federal Council shall fix the date on which the present Act shall come into force. *Text G.B. I., p. 310. † Text G.B. XI., p. 174. English translation in the Bulletin of the Bureau of Labour, Washington; No. 103 (August, 1912). War Measures in regard to Labour Legislation I. Germany (A.) EMPIRE. 1. Gesetz über die Ermächtigung des Bundesrats zu wirtschaftlichen Massnahmen und über die Verlangerung der Fristen des Wechsel- und Scheckrechts im Falle kriegerischer Ereignisse. (Nr. 4436). Vom 4. August 1914. (Reichs-Gesetzblatt 1914, Nr. 53, S. 327.) Act relating to the power conferred on the Federal Council to adopt economic measures and relating to the extension, in the event of warlike occurrences, of the periods fixed by the Exchange and Cheque Laws (No. 4436). Dated 4th August, 1914. 3. For the duration of the war, the Federal Council shall have the power to adopt such economic measures as are shown to be necessary for the redress of economic injuries. These measures shall be submitted to the Reichstag at its next Session and, upon request of the Reichstag, they shall be annulled. 2. Gesetz zur Aenderung des Gesetzes, betr. die Unterstützung von Familien in den Dienst eingetretener Mannschaften, vom 28. Februar 1888 (ReichsGesetzblatt S. 59). (Nr. 4438.) Vom 4. August 1914. (Reichs-Gesetzblatt 1914, Nr. 53, S. 332.) Act to amend the Act of 28th February, 1888, relating to the assistance to be given to the families of men who have entered upon active service. Dated 4th August, 1914.* [Such assistance amounts for the wife to 9 Mks. per month from May to October and 12 Mks. for the remaining months, and to 6 Mks. for each child.] *The provision for men taking part in the war, in the event of permanent injury to health, and for the families of men killed in action, is regulated in the Act relating to provision for persons belonging to the lower grades of the Imperial Army, the Imperial Navy and the Imperial Defence Forces," dated 31st May, 1906 (Reichs-Gesetzblatt 1906, No. 30, p. 593), and in the “ Act relating to the survivors of persons in military service," dated 17th May, 1907 (Reichs-Gesetzblatt 1907, No. 21, p. 214). 3. Gesetz. betr. Ausnahmen von Beschäftigungsbeschränkungen gewerblicher Arbeiter. (Nr. 4439.) Vom 4. August 1914. (Reichs-Gesetzblatt 1914, Nr. 53, S. 333.) Act relating to exemptions from restrictions on the employment of industrial workers (No. 4439). Dated 4th August, 1914. I. For the duration of the present war, the Imperial Chancellor may grant exemptions, either generally or for certain districts or for certain kinds of works, from the restrictions contained in §§135 to 137a, paragraph 2, and §154a of the Industrial Code and from the regulations issued by the Federal Council in pursuance of §§ 120e, 120f, 139a of the Industrial Code, and, failing any such exemptions allowed by the Imperial Chancellor, the Higher Administrative Authorities may, upon request, grant similar exemptions for individual undertakings. 2. The Federal Council shall have power to fix the date when the present Act shall be annulled. The present Act shall come into force upon the date of its publication. 4. Gesetz. betr. Erhaltung von Anwartschaften aus der Krankenversicherung. (Nr. 4440.) Vom 4. August, 1914. (Reichs-Gesetzblatt 1914, No. 53, S. 334.) Act relating to the maintenance of rights arising from sickness insurance (No. 4440). Dated 4th August, 1914. 5. Gesetz, betr. Sicherung der Leistungsfähigkeit der Krankenkassen. (Nr. 4443-) Vom 4. August 1914. (Reichs-Gesetzblatt 1914, No. 53, S. 337.) Act for ensuring the solvency of Sick Funds (No. 4443). Dated 4th August, 1914. 6. Gesetz. betr. Höchstpreise. (Nr. 4445.) Vom 4. August 1914. (ReichsGesetzblatt 1914, Nr. 53, S. 339.) Act relating to maximum prices (No. 4445). Dated 4th August, 1914. 1. For the duration of the present war, maximum prices may be fixed for articles of daily use, more especially for food and fodder of all kinds, as well as for raw produce, heating and lighting materials. [§§2 and 3 were replaced by a Notification of 28th October, 1914, see below No. 14.] 4. Any person who charges higher prices than those fixed in accordance with §1, or who contravenes the administrative regulations issued in pursuance of $3, or who secretes stores of such articles, or who fails to comply with an order issued by the competent authorities in virtue of §2, shall be liable to a fine not exceeding three thousand Marks or, in default, to imprisonment for a term not exceeding six months. 5. The Federal Council shall have power to fix the date upon which the present Act shall be annulled. 6. The present Act shall come into force upon the day of its publication. 7. Gesetz, betr. die Wahlen nach der Reichsversicherungsordnung. (Nr. 4449.) Vom. 4. August 1914. (Reichs-Gesetzblatt 1914, Nr. 53, S. 348.) Act relating to elections in accordance with the Imperial Insurance Code (No. 4449). Dated 4th August, 1914. Bekanntmachung, betr. die Wahlen nach der Reichsversicherungsordnung. (Nr. 4485.) Vom 4. September 1914. (Reichs-Gesetzblatt 1914, Nr. 70, S. 395.) Notification relating to elections in accordance with the Imperial Insurance Code (No. 4485). Dated 4th September, 1914. Bekanntmachung, betr. Festsetzung der Ortslöhne. (Nr. 4486.) Vom 4. Notification relating to the determination of local wages (No. 4486). Dated 4th September, 1914. [Extension of the period for the first determination of local wages (§151, paragraph 1, Imperial Insurance Code).] 10. Bekanntmachung, betreffend das vorzeitige Inkrafttreten einer Vorschrift aus dem Gesetze vom 10. Juni 1914, zur Aenderung der §§74, 75, usw., des Handels-Gesetzbuchs (Reichs-Gesetzblatt 1914, S. 209). (Nr. 4492.) Vom 10. September 1914. (Reichs-Gesetzblatt 1914, Nr. 74, S. 404.) Notification relating to the coming into force at an earlier date of a provision contained in the Act of 10th June, 1914, to amend §§74, 75, etc., of the Commercial Code (No. 4492). Dated 10th September, 1914. In pursuance of §3 of the Act, relating to the power conferred on the Federal Council to adopt economic_measures, etc., dated 4th August, 1914 (Reichs-Gesetzblatt, p. 327), the Federal Council has decided to enforce immediately the principle expressed in §1, Section 75, paragraph 2, of the Act of 10th June, 1914* (Reichs-Gesetzblatt, p. 209), and has therefore issued the following Order :— §1. In regard to contracts of service which are not terminated upon the coming into force of this Order, §1, paragraph 2, of the Commercial Code, of 10th May, 1897 (Reichs-Gesetzblatt, p. 219), shall be replaced by the following provision: The same shall apply when the employer gives notice of the termination of the contract of service, unless the assistant shall have given serious personal cause for dismissal, or unless the employer declares when giving notice, or, should notice have already been given upon the coming into force of this Order, immediately upon its coming into force, that, for the period of the restriction, he will pay to the employee the full remuneration last drawn. by him in virtue of the contract. §2. The present Order shall come into force on the day of its publication. The present Order shall be annulled on 1st January, 1915. 11. Bekanntmachung über die Wahlen nach dem Gewerbegerichtsgesetz und dem Gesetze, betr. Kaufmannsgerichte. (Nr. 4496.) Vom 17. September 1914. (Reichs-Gesetzblatt 1914, Nr. 77, S. 409.) Notification relating to elections in pursuance of the Industrial Courts Act and the Act relating to Commercial Courts (No. 4496). Dated 17th September, 1914. * Text E.B. IX., p. 289, No. 2. |