BWBV0003473
Geldig vanaf 09-05-1977
Artikel 15
Europees Verdrag inzake sociale zekerheid
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 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 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;
(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 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 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;
(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;
(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, subparagraph (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, selfemployed persons are subject to such legislation solely by reason of the fact that they are resident in the territory of those Parties;
(i) if the second Party has no legislation applicable to them, or
(ii) if, under the legislation of the two Parties concerned, selfemployed 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.
(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 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 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;
(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 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 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;
(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;
(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, subparagraph (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, selfemployed persons are subject to such legislation solely by reason of the fact that they are resident in the territory of those Parties;
(i) if the second Party has no legislation applicable to them, or
(ii) if, under the legislation of the two Parties concerned, selfemployed 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.
- Citeren als
- Art. 15
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0003473
- Officiële bron
- wetten.overheid.nl