- 1
- Unless otherwise provided in paragraphs 2, 3 or 4, if an employee works in the territory of one Party, the employer of the employee and the employee shall in respect of the work and the remuneration paid for the work be subject only to the legislation of that Party.
- 2
- If an employee:
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- a)is covered by the legislation of one Party (`the first Party'); and
- b)was sent, whether before, on or after the commencement of this Part, by the Government of the first Party to work in the territory of the other Party (`the second Party'); and
- c)is working in the territory of the second Party in the employment of the Government of the first Party; and
- d)is not working permanently in the territory of the second Party;
- the employer and employee shall be subject only to the legislation of the first Party in respect of the work and the remuneration paid for the work.
- 3
- If an employee:
-
- a)is covered by the legislation of one Party (`the first Party'); and
- b)was sent, whether before, on or after the commencement of this Part, by an employer who is subject to the legislation of the first Party to work in the territory of the other Party (`the second Party'); and
- c)is working in the territory of the second Party in the employment of the employer or a related entity of that employer; and
- d)was sent to work in the territory of the second Party and a period of 5 years has not elapsed from that time; and
- e)is not working permanently in the territory of the second Party;
- the employer and employee shall be subject only to the legislation of the first Party in respect of the work and the remuneration paid for the work. An entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned group.
- 4
- If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer and employee shall in respect of the employment and the remuneration paid for that employment be subject only to the legislation of the Party of which the employee is resident.
- 5
- For the purposes of the Netherlands' legislation, a person who is subject to the Netherlands' legislation in accordance with the provisions of this Article shall be considered to be resident in the territory of the Kingdom of the Netherlands.
- 6
- According to the provisions of this Article the Netherlands' legislation shall be applicable if the employer or employee has applied for a certificate of coverage from the Netherlands' authority within three months after the first day of secondment under paragraphs 2 or 3 and this certificate has been issued to the person concerned.
