BWBV0005125
Geldig vanaf 01-10-1958
Artikel 3
Europees Verdrag betreffende de sociale zekerheid van arbeiders werkzaam bij het internationaal vervoer
1. A worker who, for the purposes of his employment, as specified in paragraph (h) of Article 1 of this Convention, finds himself in the territory of one of the Contracting Parties other than that whose legislation is applicable to him, and whose condition necessitates the provision of sickness and maternity benefits, shall be entitled to such benefits as if he were in the territory of the Contracting Party whose legislation is applicable to him.
2. Nevertheless, benefits in kind which are immediately necessary shall be furnished by the institution of the place of sojourn; in so far as the extent and duration of these benefits and the manner in which they are provided are concerned, they shall be furnished according to the legislation of the country where this institution is situated. Where this legislation provides for several sickness and maternity benefit schemes based on different provisions, the applicable provisions shall be those which apply to workers employed by a transport undertaking of the same kind as that which employs the worker concerned. In so far as the extent or the duration of benefits in kind is more favourable under the legislation administered by the competent institution than under the legislation administered by the institution of the place of sojourn, such benefits shall be furnished by the latter institution in so far as this is possible, at the request of the competent institution.
3. The right of a worker to benefits in kind in accordance with the legislation to which he is subject shall be maintained to the extent to which it still exists after the provision of benefits in accordance with the preceding paragraph. If the said legislation provides for a maximum duration of benefits, the competent institution, in determining whether the said maximum duration is exhausted, shall take into account the period for which benefits have been furnished in accordance with the preceding paragraph, where the condition of the worker necessitates benefits for the same case of sickness of maternity after return to the country in which this institution has its head office.
4. Prosthetic and major surgical appliances and other more important benefits in kind to be specified by agreement by the competent authorities of the Contracting Parties shall be granted only if the competent institution agrees.
5. Benefits in cash shall be paid in accordance with the legislation administered by the competent institution. At the request of the said institution, the payment may be made on its behalf by the institution of the place of sojourn.
6. The provisions of the preceding paragraphs shall be applicable by analogy to the members of the family of a worker employed on board a vessel engaged in inland navigation who live with him on such vessel.
2. Nevertheless, benefits in kind which are immediately necessary shall be furnished by the institution of the place of sojourn; in so far as the extent and duration of these benefits and the manner in which they are provided are concerned, they shall be furnished according to the legislation of the country where this institution is situated. Where this legislation provides for several sickness and maternity benefit schemes based on different provisions, the applicable provisions shall be those which apply to workers employed by a transport undertaking of the same kind as that which employs the worker concerned. In so far as the extent or the duration of benefits in kind is more favourable under the legislation administered by the competent institution than under the legislation administered by the institution of the place of sojourn, such benefits shall be furnished by the latter institution in so far as this is possible, at the request of the competent institution.
3. The right of a worker to benefits in kind in accordance with the legislation to which he is subject shall be maintained to the extent to which it still exists after the provision of benefits in accordance with the preceding paragraph. If the said legislation provides for a maximum duration of benefits, the competent institution, in determining whether the said maximum duration is exhausted, shall take into account the period for which benefits have been furnished in accordance with the preceding paragraph, where the condition of the worker necessitates benefits for the same case of sickness of maternity after return to the country in which this institution has its head office.
4. Prosthetic and major surgical appliances and other more important benefits in kind to be specified by agreement by the competent authorities of the Contracting Parties shall be granted only if the competent institution agrees.
5. Benefits in cash shall be paid in accordance with the legislation administered by the competent institution. At the request of the said institution, the payment may be made on its behalf by the institution of the place of sojourn.
6. The provisions of the preceding paragraphs shall be applicable by analogy to the members of the family of a worker employed on board a vessel engaged in inland navigation who live with him on such vessel.
- Citeren als
- Art. 3
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005125
- Officiële bron
- wetten.overheid.nl