Common use of Specific Rules Clause in Contracts

Specific Rules. The principle established in article 8 shall be subject to the following exceptions: (a) Persons who are employed in the territory of one Contracting State and who are assigned by their normal employer to the territory of the other Contracting State in order to perform work there on behalf of that employer shall continue to be subject to the laws of the first State, provided that the anticipated duration of the work does not exceed 12 months, that the person has not been sent to replace another employee who has reached the end of his or her period of assignment and that the necessary arrangements have been made in advance; (b) Persons who are normally self-employed in the territory of one Contracting State and who perform work in the territory of the other Contracting State shall continue to be subject to the laws of the first Contracting State, provided that the anticipated duration of the work does not exceed 12 months and that the necessary arrangements have been made in advance; (c) If the work referred to in subparagraphs (a) and (b) continues for longer than 12 months, the competent authority of the second Contracting State, or the agency designated by that authority, may extend the application of the laws of the first Contracting State for a further period of not more than 12 months, provided that the extension is requested before the end of the first period of 12 months; (d) Employed persons who work for an air transport enterprise having its registered office in the territory of one of the Contracting States and who are members of the flight crew shall be subject to the laws of the State in whose territory the company has its registered office. However, if the enterprise has a branch or permanent office in the territory of the other Contracting State, the persons employed by such branch or office shall be subject to the laws of the Contracting State in whose territory it is located; (e) Persons working on board a vessel flying the flag of a Contracting State shall be subject to the laws of the Contracting State in whose territory they reside; (f) Civil servants and equivalent personnel shall be subject to the laws of the Contracting State whose administration employs them; (g) Nationals of one Contracting State who are posted by the Government of that Contracting State to the territory of the other Contracting State as diplomatic personnel or consular officers shall be subject to the laws of the first Contracting State in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961 and the Vienna Convention on Consular Relations of 24 April 1963; (h) The provisions of article 8, subparagraph (a), shall apply to members of the administrative, technical and service personnel of diplomatic missions or consular posts and to persons employed in the private service of officials of such missions or posts. However, such employees may opt for the application of the laws of the sending country if they are nationals of that country. This option must be exercised within three months of the date of the entry into force of this Agreement or within three months of the date of the entry on duty of the employee in the territory of the Contracting State where he or she works.

Specific Rules. The principle established in article 8 shall be subject to the following exceptions: (a) Persons who are employed in the territory of one Contracting State and who are assigned assigned, by their normal employer employer, to the territory of the other Contracting State in order to perform carry out work there on behalf of that employer employer, shall continue to be subject to the laws of the first State, provided that the anticipated duration of the work does not exceed 12 months, that the person has not been sent to replace another employee who has reached the end of his or her period of assignment and that the necessary arrangements have been made in advance; (b) Persons who are normally self-employed in the territory of one Contracting State and who perform carry out work in the territory of the other Contracting State shall continue to be subject to the laws of the first Contracting State, provided that the anticipated duration of the work does not exceed 12 months and that the necessary arrangements have been made in advance; (c) If the work referred to in subparagraphs sub-paragraphs (a) and (b) continues for longer than 12 months, the competent authority of the second Contracting State, or the agency designated by that authority, may extend the application of the laws of the first Contracting State for a further period of not more than 12 months, provided that the extension is requested before the end of the first period of 12 months; (d) Employed persons who work for an air transport enterprise having its registered office in the territory of one of the Contracting States and who are members of the flight crew shall be subject to the laws of the State in whose territory the company has its registered office. However, if the enterprise has a branch or permanent office in the territory of the other Contracting State, the persons employed by such branch or office shall be subject to the laws of the Contracting State in whose territory it is located; (e) Persons working on board a vessel flying the flag of a Contracting State shall be subject to the laws of the Contracting State in whose territory they reside; (f) Civil servants and equivalent personnel shall be subject to the laws of the Contracting State whose administration employs them; (g) Nationals of one Contracting State who are posted by the Government of that Contracting State to the territory of the other Contracting State as diplomatic personnel or consular officers shall be subject to the laws of the first Contracting State in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961 and the Vienna Convention on Consular Relations of 24 April 1963; (h) The provisions of article 8, subparagraph (a), shall apply to members of the administrative, technical and service personnel of diplomatic missions or consular posts and to persons employed in the private service of officials of such missions or posts. However, such employees may opt for the application of the laws of the sending country if they are nationals of that country. This option must be exercised within three months of the date of the entry into force of this Agreement or within three months of the date of the entry on duty of the employee in the territory of the Contracting State where he or she works.

Specific Rules. The principle established in article 8 shall be subject to the following exceptions: (a) Persons Where a person who are is normally employed in the territory of one Contracting State and who are assigned by their normal an employer in that territory is sent by that employer to the territory of the other Contracting State in order for a temporary period that is not expected to perform work there on behalf of that employer exceed five (5) years, the person shall continue to be subject to the laws Laws of only the first State, provided that the anticipated duration of the work does not exceed 12 months, that Contracting State as if the person has not been sent to replace another employee who has reached the end of his or her period of assignment and that the necessary arrangements have been made in advance; (b) Persons who are normally self-were still employed in the territory of one Contracting State and who perform work in the territory of the other Contracting State shall continue to be subject to the laws of the first Contracting State, provided that the anticipated duration of the work does not exceed 12 months and that the necessary arrangements have been made in advance; (c) If the work referred . Click to in subparagraphs (a) and (b) continues for longer than 12 months, the competent authority of the second Contracting State, or the agency designated by that authority, may extend the application of the laws of the first Contracting State for read annotation When a further period of not more than 12 months, provided that the extension is requested before the end of the first period of 12 months; (d) Employed persons who work for an air transport enterprise having its registered office in self-employed worker transfers from the territory of one of the Contracting States and who are members of the flight crew shall be subject to the laws of the State in whose territory the company has its registered office. However, if the enterprise has a branch or permanent office in the territory of the other Contracting State, the persons employed by such branch or office shall be subject to the laws of the Contracting State in whose territory it is located; (e) Persons working on board a vessel flying the flag of a Contracting State shall be subject to the laws of the Contracting State in whose territory they reside; (f) Civil servants and equivalent personnel shall be subject to the laws of the Contracting State whose administration employs them; (g) Nationals of one Contracting State who are posted by the Government of that Contracting State to the territory of the other Contracting State for the purpose of performing his or her usual work for a period that is not expected to exceed five (5) years, he or she will be exclusively subject to the Laws of the first Contracting State as diplomatic personnel if he or consular officers she continued working in the territory of the first Contracting State. Click to read annotation For purposes of applying paragraph 1 of this Article in the case of an employee who is sent from the territory of a Contracting State by an employer in that territory to the other Contracting State to work for an affiliated company of that employer, that employer and the affiliated company of the employer (as defined under the laws of the Contracting State under which the employer is organized) shall be considered one and the same, provided that, if this Agreement did not exist, the employment would have been covered under the Laws of the Contracting State from which the employee was sent. Click to read annotation Paragraphs 1 and 3 of this Article shall apply where a person who has been sent by his or her employer from the territory of a Contracting State to the territory of a third State, and who is compulsorily covered under the Laws of that Contracting State while employed in the territory of the third State, is subsequently sent by that employer from the territory of the third State to the territory of the other Contracting State. Click to read annotation A person who is employed as an officer or member of a crew on a vessel which flies the flag of one Contracting State and who would be covered under the Laws of both Contracting States shall be subject to the laws Laws of only the Contracting State whose flag the vessel flies. For purposes of the first preceding sentence, a vessel which flies the flag of the United States is one defined as an American vessel under the Laws of the United States. Click to read annotation Traveling employees of air transportation companies who perform work in the territories of both Contracting States and who would otherwise be covered under the Laws of both Contracting States shall, with respect to that work, be subject to the Laws of only the Contracting State in accordance with the territory of which the company has its headquarters. However, if such employees reside in the territory of the other Contracting State, they shall be subject to the Laws of only that Contracting State. Click to read annotation This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961 and 18, 1961, or of the Vienna Convention on Consular Relations of 24 April 24, 1963; (h) The provisions . Click to read annotation Nationals of article 8, subparagraph (a), shall apply to members one of the administrative, technical and service personnel of diplomatic missions or consular posts and to persons Contracting States who are employed in by the private service of officials of such missions or posts. However, such employees may opt for the application of the laws of the sending country if they are nationals Government of that country. This option must be exercised within three months of the date of the entry into force of this Agreement or within three months of the date of the entry on duty of the employee Contracting State in the territory of the other Contracting State where he but who are not exempt from the Laws of the other Contracting State by virtue of the Vienna Conventions mentioned in subparagraph (a) of this paragraph shall be subject to the Laws of only the first Contracting State. For the purpose of this paragraph, government employment includes any work performed for a government agency or she works.instrumentality. Click to read annotation At the request of the worker and the employer or self-employed person, the Competent Authorities of the two Contracting States may agree to grant an exception to the provisions of this Article with respect to particular persons or categories of persons, provided that any affected person shall be subject to the Laws of one of the Contracting States. Click to read annotation PART III Provisions on Benefits Click to read annotation