- 1
- Where a person who is covered under the legislation of one Contracting Party and who has been working in the territory of that Contracting Party for at least one month directly before posting for an employer with a place of business in the territory of that Contracting Party which normally carries out its activities there, is posted by the same employer, to work in the territory of the other Contracting Party, the employee shall be subject only to the legislation of the first Contracting Party as if that employee were working in the territory of the first Contracting Party, provided that the period of such posting does not exceed 60 months.
- 2
- Successive postings of the same employee within a period of 60 months shall be counted as one, unless they are separated by at least 12 months.
- 3
- If under Paragraph 1, a person continues to be subject to the legislation of one Contracting Party, that Paragraph shall also apply by analogy to the person’s spouse and children who accompany him, unless they are employed or self- employed in the territory of the other Contracting Party.
- 4
- Paragraph 1 of this Article shall apply where a person who has been sent by his or her employer to the territory of a third state and who remains subject to the legislation of the sending Contracting Party, is subsequently sent by that employer from the territory of the third state to the territory of the receiving Contracting Party.
- 5
- In case the posting continues beyond the period specified in Paragraph 1 of this Article, the legislation of the first Contracting Party referred to in that Paragraph shall continue to apply provided that the Competent Authorities or Agencies of the Contracting Parties agree. The procedures for that continued application shall be stated in the Memorandum of Understanding concluded in accordance with Paragraph 1 of Article 13.
