|
Стр. 4
в отсутствие такового законодательством, применяемым
заинтересованным учреждением.
Статья 80
1. Применение настоящей Конвенции регулируется Дополнительным
соглашением, которое открыто к подписанию государствами-членами
Совета Европы.
2. Договаривающиеся Стороны или, насколько позволяют положения
конституционного законодательства этих Сторон, их компетентные
власти предусматривают другие правила, необходимые для применения
настоящей Конвенции.
3. Любое подписавшее настоящую Конвенцию государство, которое
ратифицирует или принимает ее, должно одновременно ратифицировать
или принять Дополнительное соглашение либо подписать его без
оговорки в отношении ратификации или принятия не позже даты сдачи
на хранение ратификационной грамоты или документа о принятии
настоящей Конвенции.
4. Любое государство, которое присоединяется к настоящей
Конвенции, должно одновременно присоединиться к Дополнительному
соглашению.
5. Любое Договаривающееся государство, которое денонсирует
настоящую Конвенцию, должно одновременно денонсировать
Дополнительный протокол.
Статья 81
1. Уведомления или заявления, упомянутые в подпараграфах "b" и
"w" статьи 1, параграфе 2 статьи 3, параграфе 5 статьи 6,
параграфе 2 статьи 7, параграфе 5 статьи 8, параграфах 3 и 4
статьи 9, параграфе 4 статьи 11 и параграфе 2 статьи 72,
адресуются Генеральному секретарю Совета Европы.
2. Генеральный секретарь Совета Европы в течение месяца
уведомляет Договаривающиеся Стороны, государства, подписавшие
настоящую Конвенцию, и Генерального директора международного бюро
труда о:
a) любом подписании и сдаче на хранение любой ратификационной
грамоты или документа о принятии или присоединении;
b) любой дате вступления настоящей Конвенции в силу в
соответствии с положениями статьи 75 и статьи 77;
c) любом уведомлении о денонсации, полученном в соответствии с
положениями параграфа 2 статьи 78 и дате вступления такой
денонсации в силу;
d) любом уведомлении или заявлении, полученных в соответствии с
положениями параграфа 1 данной статьи.
В удостоверение чего нижеподписавшиеся, должным образом на то
уполномоченные, подписали настоящую Конвенцию.
Совершено в Париже 14 декабря 1972 года на английском и
французском языках, причем оба текста имеют одинаковую силу, в
единственном экземпляре, который сдается на хранение в архив
Совета Европы. Генеральный секретарь Совета Европы направляет
заверенные копии каждому государству-члену Совета Европы,
подписавшему настоящую Конвенцию или присоединившемуся к ней.
(Подписи)
EUROPEAN CONVENTION
ON SOCIAL SECURITY
(Paris, 14.XII.1972)
The member states of the Council of Europe signatory hereto,
Considering that the aim of the Council of Europe is to achieve
greater unity between its members, in particular for the purpose
of facilitating their social progress;
Considering that multilateral co-ordination of social security
legislation is one of the means of achieving that aim;
Considering that the European Code of Social Security, opened
for signature on 16 April 1964, provides, in Article 73, that the
Contracting Parties to the Code shall endeavour to conclude a
special instrument governing questions relating to social security
for foreigners and migrants, particularly with regard to equality
of treatment with their own nationals and to the maintenance of
acquired rights and rights in course of acquisition;
Affirming the principle of equality of treatment for nationals
of the Contracting Parties, refugees and stateless persons, under
the social security legislation of each Contracting Party, and the
principle that the benefits under social security legislation
should be maintained despite any change of residence by the
protected persons within the territories of the Contracting
Parties, principles which underlie not only certain provisions of
the European Social Charter but also several conventions of the
International Labour Organisation,
Have agreed as follows:
TITLE I. GENERAL PROVISIONS
Article 1
For the purposes of this Convention:
(a) the term "Contracting Party" means any State which has
deposited an instrument of ratification, of acceptance or of
accession, in accordance with the provisions of Article 75,
paragraph 1, or of Article 77;
(b) the terms "territory of a Contracting Party" and "national
of a Contracting Party" are defined in Annex I; each Contracting
Party shall give notice, in accordance with the provisions of
Article 81, paragraph 1, of any amendment to be made to Annex I;
(c) the term "legislation" means any laws, regulations and
other statutory instruments which are in force at the time of
signature of this Convention or may enter into force subsequently
in the whole or any part of the territory of each Contracting
Party and which relate to the social security branches and schemes
specified in Article 2, paragraphs 1 and 2;
(d) the term "social security convention" means any bilateral
or multilateral instrument by which two or more Contracting
Parties are, or may subsequently be, bound exclusively, and any
multilateral instrument by which at least two Contracting Parties
and one or more other States are, or may subsequently be, bound in
the field of social security in respect of all or of part of the
social security branches and schemes specified in Article 2,
paragraphs 1 and 2, as well as any agreements concluded pursuant
to the said instruments;
(e) the term "competent authority" means the Minister,
Ministers or other corresponding authority responsible for the
social security schemes in all or any part of the territory of
each Contracting Party;
(f) the term "institution" means the body or authority
responsible for applying all or part of the legislation of each
Contracting Party;
(g) the term "competent institution" means:
(i) in relation to a social insurance scheme, either the
institution with which the person concerned is insured when he
claims benefit, or the institution from which he is entitled
to receive benefit or would be entitled to receive benefit if
he were resident in the territory of the Contracting Party
where that institution is situated, or the institution
designated by the competent authority of the Contracting Party
concerned;
(ii) in relation to a scheme other than a social insurance
scheme, or in relation to a family benefits scheme, the
institution designated by the competent authority of the
Contracting Party concerned;
(iii) in relation to a scheme concerning an employer's
liability in respect of benefits referred to in Article 2,
paragraph 1, either the employer or his insurer or, in default
thereof, the body or authority designated by the competent
authority of the Contracting Party concerned;
(h) the term "competent State" means the Contracting Party in
whose territory the competent institution is situated;
(i) the term "residence" means ordinary residence;
(j) the term "temporary residence" means a temporary stay;
(k) the term "institution of the place of residence" means the
institution empowered, under the Contracting Party's legislation
which it applies, to pay the benefits in question at the place of
residence or, where no such institution exists, the institution
designated by the competent authority of the Contracting Party
concerned;
(l) the term "institution of the place of temporary residence"
means the institution empowered, under the Contracting Party's
legislation which it applies, to pay the benefits in question at
the place of temporary residence or, where no such institution
exists, the institution designated by the competent authority of
the Contracting Party concerned;
(m) the term "worker" means an employed person or a self-
employed person or a person treated as such under the legislation
of the Contracting Party concerned, unless otherwise specified in
this Convention;
(n) the term "frontier worker" means an employed person who is
employed in the territory of one Contracting Party and resides in
the territory of another Contracting Party where he returns in
principle every day or at least once a week; provided that
(i) as regards relations between France and the
Contracting Parties bordering France, the person concerned
must, to be deemed a frontier worker, reside and be employed
within a zone which does not, in principle, extend more than
twenty kilometres on either side of the common frontier;
(ii) a frontier worker employed in the territory of one
Contracting Party by an undertaking which is his normal
employer, who is sent by that undertaking to work outside the
frontier area, either in the territory of the same Contracting
Party or in the territory of another Contracting Party, for a
period not expected to exceed four months, shall retain the
status of frontier worker during such employment for a period
not exceeding four months;
(o) the term "refugee" has the meaning assigned to it in
Article 1, Section A, of the Convention on the Status of Refugees,
signed at Geneva on 28 July 1951, and in Article 1, paragraph 2,
of the Protocol on the Status of Refugees of 31 January 1967,
without any geographical limitation;
(p) the term "stateless person" has the meaning assigned to it
in Article 1 of the Convention on the Status of Stateless Persons,
done at New York on 28 September 1954;
(q) the term "members of the family" means the persons defined,
or recognised as such, or designated as members of the household,
by the legislation applied by the institution responsible for
paying benefits, or, in the cases referred to in Article 21,
paragraph 1, sub-paragraphs a and c and Article 24, paragraph 6,
by the legislation of the Contracting Party in whose territory
they reside; where, however, this legislation regards only persons
living with the person concerned as members of the family or
members of the household, this condition shall be deemed to be
satisfied if such persons are mainly maintained by the person
concerned;
(r) the term "survivors" means the persons defined or
recognised as such by the legislation under which the benefits are
granted; where, however, this legislation regards as survivors
only persons who were living with the deceased, this condition
shall be deemed to be satisfied, if the persons concerned were
mainly maintained by the deceased;
(s) the term "periods of insurance" means periods of
contributions, employment, occupational activity or residence as
defined or recognised as periods of insurance by the legislation
under which they were completed, and any other periods, in so far
as they are regarded by this legislation as equivalent to periods
of insurance;
(t) the terms "periods of employment" and "periods of
occupational activity" mean periods defined or recognised as such
by the legislation under which they were completed, and any other
periods, in so far as they are regarded by this legislation as
equivalent to periods of employment or occupational activity;
(u) the term "periods of residence" means periods of residence
as defined or recognised as such by the legislation under which
they were completed;
(v) the terms "benefits" and "pensions" mean all benefits or
pensions including all components thereof provided out of public
funds and all increases, revaluation allowances or supplementary
allowances, unless otherwise specified in this Convention, and any
benefits awarded for the purpose of maintaining or improving
earning capacity, such lump sum benefits as are payable in lieu of
pensions and, where applicable, any payments made by way of refund
of contributions;
(w) the term "family allowances" means periodical cash benefits
granted according to the number and age of children; the
expression "family benefits" means any benefits in kind or in cash
granted to offset family maintenance costs, except the special
birth grants explicitly excluded in Annex II; each Contracting
Party concerned shall give notice in accordance with the
provisions of Article 81, paragraph 1, of any amendment to be made
to Annex II in respect of any special birth grants provided by its
legislation;
(x) the term "death grant" means any lump sum payable in the
event of death, other than the lump sum benefits mentioned in sub-
paragraph v of this article;
(y) the term "contributory" applies to benefits, the award of
which depends either on direct financial participation by the
persons protected or by their employer, or on a qualifying period
of occupational activity, and to legislation or schemes which
provide for such benefits; benefits, the award of which does not
depend on direct financial participation by the persons protected
or by their employer, or on a qualifying period of occupational
activity, and the legislation or schemes under which they are
exclusively awarded, are said to be "non-contributory";
(z) the term "benefits granted under transitional arrangements"
means benefits granted to persons who are over a given age on the
date of entry into force of the legislation applicable, or
benefits granted provisionally in consideration of events that
have occurred or periods that have been completed outside the
current frontiers of the territory of a Contracting Party.
Article 2
1. This Convention applies to all legislation governing the
following branches of social security:
(a) sickness and maternity benefits;
(b) invalidity benefits;
(c) old-age benefits;
(d) survivors' benefits;
(e) benefits in respect of occupational injuries and diseases;
(f) death grants;
(g) unemployment benefits;
(h) family benefits.
2. This Convention applies to all general social security
schemes and special schemes, whether contributory or non-
contributory, including employers' liability schemes in respect of
the benefits referred to in the preceding paragraph. Bilateral or
multilateral agreements between two or more Contracting Parties
shall determine, as far as possible, the conditions in which this
Convention shall apply to schemes established by means of
collective agreements made compulsory by decision of the public
authorities.
3. Where schemes relating to seafarers are concerned, the
provisions of Title III of this Convention shall apply without
prejudice to the legislation of any Contracting Party governing
the liabilities of ship-owners, who shall be treated as the
employers for the purposes of the application of this Convention.
4. This Convention does not apply to social or medical
assistance schemes, to benefit schemes for victims of war or its
consequences, or to special schemes for civil servants or persons
treated as such.
5. This Convention does not apply to legislation designed to
give effect to a social security convention concluded between a
Contracting Party and one or more other States.
Article 3
1. Annex II specifies, in respect of each Contracting Party,
the legislation and schemes referred to in Article 2, paragraphs 1
and 2.
2. Each Contracting Party shall give notice, in accordance with
the provisions of Article 81, paragraph 1, of any amendment to be
made to Annex II as a result of the adoption of new legislation.
Such notice shall be given within three months from the date of
publication of such legislation or, in the case of legislation
published before the date of ratification of this Convention, on
the date of ratification.
Article 4
1. The provisions of this Convention shall be applicable:
(a) to persons who are or have been subject to the legislation
of one or more of the Contracting Parties and are nationals of a
Contracting Party, or are refugees or stateless persons resident
in the territory of a Contracting Party, as well as to the members
of their families and their survivors;
(b) to the survivors of persons who were subject to the
legislation of one or more of the Contracting Parties,
irrespective of the nationality of such persons, where these
survivors are nationals of a Contracting Party, or refugees or
stateless persons resident in the territory of a Contracting
Party;
(c) without prejudice to Article 2, paragraph 4, to civil
servants and persons treated as such under the legislation of the
Contracting Party concerned, in so far as they are subject to any
legislation of that Contracting Party to which this Convention
applies.
2. Notwithstanding the provisions of sub-paragraph (c) of the
preceding paragraph, the categories of persons - other than
members of the service staff of diplomatic missions or consular
posts and persons employed in the private service of officials of
such missions or posts - in respect of whom the Vienna Convention
on Diplomatic Relations and the Vienna Convention on Consular
Relations provide for exemption from the social security
provisions which are in force in the receiving State, shall not
benefit from the provisions of this Convention.
Article 5
1. Subject to the provisions of Article 6, this Convention
replaces, in respect of persons to whom it is applicable, any
social security conventions binding:
(a) two or more Contracting Parties exclusively; or
(b) at least two Contracting Parties and one or more other
States in respect of cases calling for no action on the part of an
institution of one of the latter States.
2. However, where the application of certain provisions of this
Convention is subject to the conclusion of bilateral or
multilateral agreements, the provisions of the conventions
referred to in sub-paragraphs (a) and (b) of the preceding
paragraph shall remain applicable until the entry into force of
such agreements.
Article 6
1. The provisions of this Convention shall not affect
obligations under any convention adopted by the International
Labour Conference.
2. This Convention shall not affect the provisions on social
security in the Treaty of 25 March 1957 establishing the European
Economic Community nor the association agreements envisaged under
that Treaty nor the measures taken in application of those
provisions.
3. Notwithstanding the provisions of Article 5, paragraph 1,
two or more Contracting Parties may keep in force, by mutual
agreement and in respect of themselves, the provisions of social
security conventions by which they are bound by specifying them in
Annex III or, in the case of provisions relating to the
application of these conventions, by specifying them in an annex
to the Supplementary Agreement for the application of this
Convention.
4. However, this Convention shall apply in all cases requiring
action on the part of an institution of a Contracting Party other
than those which are bound by the provisions referred to in
paragraph 2 or in paragraph 3 of this article as well as in the
case of persons who are entitled to benefits under this Convention
and to whom the said provisions are not exclusively applicable.
5. Two or more Contracting Parties which are bound by the
provisions specified in Annex III may, by mutual agreement and in
respect of themselves, make appropriate amendments to this annex
by giving notice thereof in accordance with the provisions of
Article 81, paragraph 1.
Article 7
1. Two or more Contracting Parties may, if need be, conclude
with each other social security conventions founded on the
principles of this Convention.
2. Each Contracting Party shall give notice, in accordance with
the provisions of Article 81, paragraph 1, of any convention which
it concludes by virtue of the preceding paragraph, and of any
subsequent amendment or denunciation of such a convention. Such
notice shall be given within three months from the date of entry
into force of that convention or its amendment, or from the date
on which its denunciation takes effect.
Article 8
1. Unless otherwise specified in this Convention, persons who
are resident in the territory of a Contracting Party and to whom
the Convention is applicable shall have the same rights and
obligations under the legislation of every Contracting Party as
the nationals of such Party.
2. However, entitlement to non-contributory benefits, the
amount of which does not depend on the length of the periods of
residence completed, may be made conditional on the beneficiary
having resided in the territory of the Contracting Party concerned
or, in the case of survivors' benefits, on the deceased having
resided there for a period which may not be set:
(a) at more than six months immediately preceding the lodging
of the claim, for maternity benefits and unemployment benefits;
(b) at more than five consecutive years immediately preceding
the lodging of the claim, for invalidity benefits, or immediately
preceding death, for survivors' benefits;
(c) at more than ten years between the age of sixteen and the
pensionable age, of which it may be required that five years shall
immediately precede the lodging of the claim, for old-age
benefits.
3. If a person does not fulfil the conditions laid down in sub-
paragraph (b) or sub-paragraph (c) of the preceding paragraph, but
has been subject - or, in the case of survivors' benefits, if the
deceased has been subject - to the legislation of the Contracting
Party concerned for at least one year, that person or the
survivors of the deceased shall nevertheless, without prejudice to
the provisions of Article 27, be entitled to benefits calculated
on the basis of the full benefit and up to an amount not exceeding
it:
(a) in the case of invalidity or death benefits, in proportion
to the ratio of the number of years of residence completed by the
person concerned or the deceased under the said legislation
between the date on which he reached the age of sixteen and the
date of his incapacity for work followed by invalidity or death,
to two-thirds of the number of years separating those two dates,
disregarding any years subsequent to pensionable age;
(b) in the case of old-age pension, in proportion to the ratio
of the number of years of residence completed by the person
concerned under the said legislation between the date on which he
reached the age of sixteen and the pensionable age, to thirty
years.
4. Annex IV specifies, for each Contracting Party concerned,
the benefits provided under its legislation to which the
provisions of paragraph 2 or paragraph 3 of this article are
applicable.
5. Each Contracting Party concerned shall give notice, in
accordance with the provisions of Article 81, paragraph 1, of any
amendment to be made to Annex IV. If such an amendment results
from the adoption of new legislation, such notice shall be given
within three months from the date of publication of that
legislation or, in the case of legislation published before the
date of ratification of this Convention, on the date of
ratification.
6. The provisions of paragraph 1 of this article shall not
affect the legislation of any Contracting Party in so far as it
concerns participation in social security administration or
membership of social security tribunals.
7. Special measures may be adopted concerning the participation
in voluntary insurance or optional continued insurance of persons
not resident in the territory of the Contracting Party concerned,
or the entitlement to benefits under the transitional arrangements
specified in Annex VII.
Article 9
1. The benefit of the provisions of social security conventions
which remain in force by virtue of Article 6, paragraph 3, and the
provisions of social security conventions concluded by virtue of
Article 7, paragraph 1, may be extended, by agreement between the
Parties bound thereby, to nationals of every Contracting Party.
2. Annex V specifies the provisions of social security
conventions which remain in force by virtue of Article 6,
paragraph 3, and whose application is to be extended, in
accordance with paragraph 1 of the present article, to nationals
of every Contracting Party.
3. The Contracting Parties concerned shall give notice, in
accordance with the provisions of Article 81, paragraph 1, of the
provisions of the social security conventions concluded by them by
virtue of Article 7, paragraph 1, whose application is extended,
in accordance with paragraph 1 of the present article, to
nationals of every Contracting Party. The provisions of the said
conventions shall be indicated in Annex V.
4. Two or more Contracting Parties which are bound by the
provisions specified in Annex V may, by mutual agreement and in
respect of themselves, make appropriate amendments to this annex
by giving notice thereof in accordance with the provisions of
Article 81, paragraph 1.
Article 10
If the legislation of a Contracting Party makes admission to
voluntary insurance or optional continued insurance conditional
upon the completion of periods of insurance, the institution
applying that legislation shall to that end, for the purpose of
adding periods together, take account, to the extent necessary, of
periods of insurance completed under the legislation of any other
Contracting Party and, where appropriate, of periods of residence
completed after the age of sixteen under the non-contributory
scheme of any other Contracting Party, as if they had been periods
of insurance completed under the legislation of the first Party.
Article 11
1. Unless otherwise specified in this Convention, neither
invalidity cash benefits, old-age or survivors' cash benefits,
pensions in respect of occupational injuries or diseases, nor
death grants, payable under the legislation of one or more
Contracting Parties, shall be liable to reduction, modification,
suspension, suppression or forfeiture by reason of the fact that
the beneficiary is resident in the territory of a Contracting
Party other than that in which the institution liable for payment
is situated.
2. However, notwithstanding the provisions of Article 8,
paragraphs 1 and 2, the invalidity, old-age or survivors' benefits
specified in Annex IV shall be calculated in accordance with the
provisions of sub-paragraph (a) or sub-paragraph (b) of paragraph
3 of the said Article 8, as the case may be, if the beneficiary is
resident in the territory of a Contracting Party other than that
in which the institution liable for payment is situated.
3. The provisions of paragraphs 1 and 2 of the present article
shall not apply to the following benefits, in so far as they are
specified in Annex VI:
(a) special non-contributory benefits granted to invalids who
are unable to earn a living;
(b) special non-contributory benefits granted to persons not
entitled to normal benefits;
(c) benefits granted under transitional arrangements;
(d) special benefits granted as assistance or in case of need.
4. Each Contracting Party concerned shall give notice, in
accordance with the provisions of Article 81, paragraph 1, of any
amendment to be made to Annex VI. If such an amendment results
from the adoption of new legislation, such notice shall be given
within three months from the date of publication of that
legislation or, in the case of legislation published before the
date of ratification of this Convention, on the date of
ratification.
5. Where the legislation of a Contracting Party makes the
repayment of contributions conditional upon the person concerned
having ceased to be subject to compulsory insurance, that
condition shall not be regarded as fulfilled so long as that
person is subject to compulsory insurance under the legislation of
any other Contracting Party.
6. The Contracting Parties shall determine by means of
bilateral or multilateral agreements the conditions of payment of
benefits referred to in paragraph 1 of the present article due to
persons enjoying rights under this Convention who are resident in
the territory of a State which is not a Contracting Party.
Article 12
The rules governing changes in rates of benefits laid down in
the legislation of a Contracting Party shall be applicable to
benefits payable under such legislation in accordance with the
provisions of this Convention.
Article 13
1. Except for benefits in respect of invalidity, old age,
survivors or occupational disease which are paid by the
institutions of two or more Contracting Parties in accordance with
the provisions of Article 29 or of Article 47, sub-paragraph (b),
this Convention shall not confer or maintain entitlement to
several benefits of the same nature or to several benefits
relating to one and the same period of compulsory insurance.
2. Provisions in the legislation of a Contracting Party for the
reduction, suspension or suppression of benefits where there is
overlapping with other benefits or other income, or because of an
occupational activity, shall apply also to a beneficiary in
respect of benefits acquired under the legislation of another
Contracting Party or in respect of income obtained, or occupation
followed, in the territory of another Contracting Party. This rule
shall not, however, apply to benefits of the same nature payable
in respect of invalidity, old age, survivors or occupational
disease by the institutions of two or more Contracting Parties in
accordance with the provisions of Article 29 or of Article 47, sub-
paragraph (b).
TITLE II. PROVISIONS WHICH DETERMINE
THE LEGISLATION APPLICABLE
Article 14
In respect of persons coming within the scope of this
Convention, the legislation applicable shall be determined in
accordance with the following provisions:
(a) employed persons who are employed in the territory of a
Contracting Party shall be subject to the legislation of that
Party, even if they are resident in the territory of another
Contracting Party or if the undertaking which employs them has its
principal place of business, or their employer has his place of
residence, in the territory of another Contracting Party;
(b) workers who follow their occupation on board a ship flying
the flag of a Contracting Party shall be subject to the
legislation of that Party;
(c) self-employed persons who follow their occupation in the
territory of a Contracting Party shall be subject to the
legislation of that Party, even if they reside in the territory of
another Contracting Party;
(d) civil servants and persons treated as such shall be subject
to the legislation of the Contracting Party in whose
administration they are employed.
Article 15
1. The rule stated in Article 14, sub-paragraph (a), shall
apply subject to the following exceptions or modifications:
(a) (i) employed persons who are employed in the territory of
a Contracting Party by an undertaking which is their regular
employer and who are sent by that undertaking to work for it
in the territory of another Contracting Party shall remain
subject to the legislation of the first Party provided that
the expected duration of the work does not exceed twelve
months and that they are not sent to replace other employed
persons who have completed their period of employment abroad;
(ii) if the work to be carried out continues because of
unforeseeable circumstances for a period longer than
originally intended and exceeding twelve months, the
legislation of the first Party shall remain applicable until
the work is completed, subject to the consent of the competent
authority of the second Party or of the body designated by it;
(b) (i) employed persons who are employed in international
transport in the territory of two or more Contracting Parties
as travelling personnel in the service of an undertaking which
has its principal place of business in the territory of a
Contracting Party and which, on behalf of others or on its own
account, transports passengers or goods by rail, road, air or
inland waterway, shall be subject to the legislation of the
latter Party;
(ii) however, if they are employed by a branch or
permanent agency which the said undertaking has in the
territory of a Contracting Party other than the Party in whose
territory it has its principal place of business, they shall
be subject to the legislation of the Contracting Party in
whose territory the branch or permanent agency is situated;
(iii) if they are employed wholly or mainly in the
territory of the Contracting Party where they are resident,
they shall be subject to the legislation of that Party, even
if the undertaking which employs them has neither its
principal place of business nor a branch or permanent agency
in that territory;
(c) (i) employed persons other than those in international
transport who normally follow their occupation in the
territory of two or more Contracting Parties shall be subject
to the legislation of the Contracting Party in whose territory
they reside if their occupation is carried on partly in that
territory or if they are employed by several undertakings or
by several employers having their principal places of business
or their places of residence in the territory of different
Contracting Parties;
(ii) in other cases, they shall be subject to the
legislation of the Contracting Party in whose territory the
undertaking which employs them has its principal place of
business or their employer has his place of residence;
(d) employed persons who are employed in the territory of a
Contracting Party by an undertaking which has its principal place
of business in the territory of another Contracting Party and lies
astride the common frontier of the Contracting Parties concerned
shall be subject to the legislation of the Contracting Party in
whose territory the undertaking has its principal place of
business.
2. The rule stated in Article 14, sub-paragraph (b), shall
apply subject to the following exceptions:
(a) employed persons who are employed by an undertaking which
is their regular employer, either in the territory of a
Contracting Party or on board a ship flying the flag of a
Contracting Party, and who are sent by that undertaking to work
for it on board a ship flying the flag of another Contracting
Party, shall remain subject to the legislation of the first Party,
subject to the conditions laid down in paragraph 1, sub-paragraph
a, of the present Article;
(b) workers who normally follow their occupation in the
territorial waters or in a port of a Contracting Party on board a
ship flying the flag of another Contracting Party but who are not
members of the ship's crew, shall be subject to the legislation of
the first Party; and
(c) employed persons who are employed on board a ship flying
the flag of a Contracting Party and who are paid in respect of
this occupation by an undertaking having its principal place of
business, or by a person having his place of residence, in the
territory of another Contracting Party, shall be subject to the
legislation of the latter Party if they reside in its territory;
the undertaking or person paying the remuneration shall be
considered as the employer for the purpose of the application of
the said legislation.
3. The rule stated in Article 14, sub-paragraph (c), shall
apply subject to the following exceptions or modifications:
(a) self-employed persons who reside in the territory of one
Contracting Party and follow their occupation in the territory of
another Contracting Party shall be subject to the legislation of
the first Party:
(i) if the second Party has no legislation applicable to
them, or
(ii) if, under the legislation of the two Parties
concerned, self-employed persons are subject to such
legislation solely by reason of the fact that they are
resident in the territory of those Parties;
(b) self-employed persons who normally follow their occupation
in the territory of two or more Contracting Parties shall be
subject to the legislation of the Contracting Party in whose
territory they are resident, if they work partly in that territory
or if, under that legislation, they are subject to it solely by
reason of the fact that they are resident in the territory of that
Party;
(c) where the self-employed persons referred to in the
preceding sub-paragraph do not follow a part of their occupation
in the territory of the Contracting Party where they are resident,
or where, under the legislation of that Party, they are not
subject to that legislation solely by reason of the fact that they
are resident, or where that Party has no legislation applicable to
them, they shall be subject to the legislation jointly agreed upon
by the Contracting Parties concerned or by their competent
authorities.
4. Where by virtue of the preceding paragraphs of this article,
a worker is subject to the legislation of a Contracting Party in
whose territory he does not work, that legislation shall be
applicable to him as if he worked in the territory of that Party.
Article 16
1. The provisions of Articles 14 and 15 shall not apply to
voluntary insurance or optional continued insurance.
2. Where the application of the legislation of two or more
Contracting Parties would result in affiliation to a compulsory
insurance scheme and at the same time permit membership of one or
more voluntary insurance or optional continued insurance schemes,
the person concerned shall be subject exclusively to the
compulsory insurance scheme. However, in respect of invalidity,
old age and death pensions, this Convention shall not affect the
provisions of legislation of any Contracting Party permitting
simultaneous affiliation to a voluntary insurance or optional
continued insurance scheme and to a compulsory insurance scheme.
3. Where the application of the legislation of two or more
Contracting Parties would result in the possibility of membership
of two or more voluntary insurance or optional continued insurance
schemes, the person concerned shall be admitted solely to the
voluntary insurance or optional continued insurance scheme of the
Contracting Party in whose territory he is resident or, if he is
not resident in the territory of one of these Contracting Parties,
to the scheme of that Contracting Party for whose legislation he
has opted.
Article 17
1. The provisions of Article 14, sub-paragraph (a), shall apply
to members of the service staff of diplomatic missions or consular
posts, and also to persons employed in the private service of
officials of such missions or posts.
2. However, workers referred to in the preceding paragraph, who
are nationals of a Contracting Party which is the sending State,
may opt for the application of the legislation of that Party. Such
right of option may be exercised only once, within the three
months following the entry into force of this Convention or on the
date on which the person concerned is engaged by the diplomatic
mission or consular post or enters the private service of an
official of that mission or that post, as the case may be. The
option shall take effect on the date on which it is exercised.
Article 18
1. The competent authorities of two or more Contracting Parties
may, by agreement, provide for exceptions to the provisions of
Articles 14 to 17 in the interests of persons affected thereby.
2. The application of the provisions of the preceding paragraph
shall, if need be, be subject to a request by the workers
concerned and, where appropriate, by their employers. Moreover,
such application shall be the subject of a decision by which the
competent authority of the Contracting Party whose legislation is
applicable confirms that the said workers are no longer subject to
the aforesaid legislation and will henceforth be subject to the
legislation of another Contracting Party.
TITLE III. SPECIAL PROVISIONS GOVERNING THE VARIOUS
CATEGORIES OF BENEFITS
Chapter 1
SICKNESS AND MATERNITY
Article 19
1. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of the entitlement to
benefits conditional upon the completion of periods of insurance,
the competent institution of that Party shall, to that end, for
the purpose of adding periods together, take account, to the
extent necessary, of periods of insurance completed under the
legislation of any other Contracting Party and, where appropriate,
of periods of residence completed after the age of sixteen under
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