Treaty Series Recueil des Traites - United Nations Treaty Collection

82 United Nations - Treaty Series 1969
Article 5
Except as otherwise provided in articles 6 to 10, the obligation of
employed persons to participate in an insurance scheme shall be governed
by the legislation of the Contracting State in the territory of which they
are employed; this shall apply even where the employer is in the territory
of the other Contracting State.
Article 6
(1) A person employed by an enterprise extending from the frontier
region of one of the Contracting States into the frontier region of the other
Contracting State who is not employed in the part of the enterprise in which
the enterprise has its principal place of business shall be subject to the legislation
of the Contracting State in whose territory the principal place of business
is situated.
(2) An employed person who is sent from the territory of one of the
Contracting States to the territory of the other Contracting State shall
remain subject to the legislation of the first-mentioned Contracting State,
as if he were still employed in its territory, for the first twenty-four calendar
months of his employment in the territory of the other Contracting State.
(3) A person employed by an airline having its principal place of business
in the territory of one of the Contracting States who is sent from that territory
to the territory of the other Contracting State shall be subject to the legislation
of the first-mentioned Contracting State as if he were still employed
in its territory.
(4) A person employed by a transport enterprise having its principal
place of business in the territory of one of the Contracting States who is
employed in the territory of the other Contracting State shall be subject
to the legislation of the first-mentioned Contracting State as if he were
employed in its territory; if the enterprise has a branch in the territory
of the other Contracting State, the persons employed by the branch shall
be subject to the legislation of the latter Contracting State.
(5) A person employed in a travelling capacity by a shipping enterprise
engaged in public transport on the Danube or its tributaries and having
its principal place of business in the territory of one of the Contracting States
who has his place of residence, as recognized under the regulations of the
service, in the territory of the other Contracting State shall, provided that
his employment in the capacity mentioned is not of a temporary nature, be
subject to the legislation of the latter Contracting State as if he were employed
at his place of residence.
No. 10090