Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:20:p5
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 20 (pt 5/17)
Character Range: 691797–694684

8 letter B and Article 9 paragraph 1(b) and paragraph 2(b) an employee from Switzerland and/or the employer of the employee would otherwise come to be covered by the legislation of Australia and not remain covered by the legislation of Switzerland; or

    (c) without the application of any other provision of this Part an employee would not be covered by the legislation of either Contracting State.

Article 7
General Provision

Subject to the other provisions of this Part, if an employee works in the territory of one Contracting State, 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 Contracting State.

Article 8
Secondment

A. Affiliation under the Australian legislation

     1. If an employee:

         (a) has been covered by the Australian legislation;

         (b) was sent, whether before, on or after the commencement of this Part, by an employer who is subject to the Australian legislation to work temporarily in the territory of Switzerland;

         (c) is working temporarily in the territory of Switzerland in the employment of the employer or a related entity of that employer (i.e. the entity and the employer are members of the same wholly or majority owned group); and

         (d) a period of 5 years from the time the employee was sent to work in the territory of Switzerland has not elapsed;

 the employer of the employee and the employee shall be subject  only to the Australian legislation in respect of the work performed               after entry into force of this Agreement and the remuneration paid               for that work.

     2. If an employee:

         (a) has been covered by the Australian legislation;

         (b) was sent, whether before, on or after the commencement of this Part, by the Australian Government including a political subdivision or local authority of Australia, to work temporarily in the territory of Switzerland; and

         (c) is working temporarily in the territory of Switzerland in the employment of the Australian Government including a political subdivision or local authority of Australia;

 the employer of the employee and the employee shall be subject  only to the Australian legislation in respect of the work performed               after entry into force of this Agreement and the remuneration paid               for that work.

B. Affiliation under the Swiss legislation

1. If an employee:

         (a) has been covered by the Swiss legislation;

         (b) was sent, whether before, on or after the commencement of this Part, by an employer who is subject to the Swiss legislation to work temporarily in the territory of Australia;

         (c) is working temporarily in the territory of Australia in the employment of the employer or a related entity of that employer (i.e.