OpenLegislation

Paragraph

Article 4

(1)

Subject to the provisions of paragraphs (2) and (3) of this Article and of Articles 5, 6 and 7 of the present Convention, where a national of either Contracting Party is employed in the territory of one Party, the legislation of that Party shall apply to his employment, even if his employer is ordinarily resident in the territory of the other Party or has his principal place of business in the territory.

(2)

Where a person who is ordinarily resident in the territory of one Party and in the service of an employer who has a place of business or is ordinarily resident in that territory, is employed by that employer in the territory of the other Party, the legislation of the former Party shall apply to that person for a period of twelve months as if he were employed in the territory of the former Party. If his employment in the territory of the latter Party should continue after the first twelve months, the legislation of the former Party shall continue to apply to him for any period that may be specified, provided that the competent authority of the latter Party or any agency which it may nominate has agreed thereto before the end of the first twelve months.

(3)

The following provisions shall apply to any person employed as a member of the travelling personnel of an undertaking engaged in the transport of passengers or goods by railway or road, whether for a third party or on its own account:

(a)

subject to the provisions of sub-paragraph (b) and (c) of this paragraph, if the person is employed by an undertaking which has its principal place of business in the territory of one Party, the legislation of that Party shall apply to him, even if he is employed in the territory of the other Party;

(b)

subject to the provisions of sub-paragraph (c) of this paragraph, if the undertaking has a branch or permanent representative in the territory of one Party and the person is employed by that branch or permanent representative, the legislation of that Party shall apply to him ;

(c)

if the person is ordinarily resident in the territory of one Party and is employed wholly or mainly in that territory, the legislation of that Party shall apply to him, even if the undertaking which employs him has no principal place of business or branch or permanent representative in that territory.