OpenLegislation

Paragraph Article 6

(1)

Where a person, who is insured under the legislation of one State and is employed by an employer in the territory of that State, is sent by that employer to work in the territory of the other State, the legislation of the former State shall continue to apply to him as if he were employed in the territory of that State provided that the employment in the territory of the latter State is not expected to last for more than twelve months. Where, for unforeseen reasons, his employment in the territory of the latter State continues after such a period of twelve months, the legislation of the former State shall continue to apply to him for a further period of not more than twelve months, provided that the competent authority of the latter State agrees thereto before the end of the first period of twelve months.

(2)

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 road or air, whether for another undertaking or on its own account:

(a)

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

(b)

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

(c)

where a person is resident in the territory of one State and is employed in that territory, the legislation of that State shall apply to him, even if the undertaking which employs him does not have its principal place of business or any branch or agency in that territory.

(3)

A person, who is subject to Swedish legislation under the provisions of this Article, shall for such purposes be considered to be resident in Sweden.

Notes on Schedule

Modifications

C1

Sch. modified (5.12.2005) by Social Security (Reciprocal Agreements) Order 2005 (S.I. 2005/2765), art. 1, Sch. 1, Sch. 2