Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:21:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 21 (pt 4/13)
Character Range: 733394–736128

is covered by the legislation of one Contracting Party (the first Contracting Party); and

       (b) was sent, whether before, on or after the entry into force of this Agreement, by an employer who is subject to the legislation of the first Contracting Party to work in the territory of the other Contracting Party (the second Contracting Party); and

       (c) is working in the territory of the second Contracting Party in the employment of the employer or a related entity of that employer; and

       (d) has been in the territory of the second Contracting Party for a period not exceeding 5 years after being sent to work in that territory by the employer; and

       (e) is not working permanently in the territory of the second Contracting Party;

   the employer of the employee and the employee shall be subject only to the legislation of the first Contracting Party in respect of the work and the remuneration paid for the work.

   2. In case the duration for which the employee is working continues beyond the period specified in paragraph 1(d) of this Article, the legislation of the first Contracting Party shall continue to apply, provided that the Competent Authorities of both Contracting Parties or the agencies designated by them consent upon the joint request of the employee and the employer.

   3. For the purposes of paragraph 1(c) of this Article, 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.

Article 10
Mariners and Aircraft Crew

If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer of the employee and the employee shall in respect of the employment and the remuneration paid for that employment be subject only to the legislation of the Contracting Party of which the employee is a resident.

Article 11
Member of Diplomatic Mission and Civil Servants

   1. Nothing in this Agreement shall affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or of the Vienna Convention on Consular Relations of 24 April 1963.

   2. If an employee:

       (a) is covered by the legislation of one Contracting Party (the first Contracting Party); and

       (b) was sent, whether before, on or after the entry into force of this Agreement, by the Government of the first Contracting Party to work in the territory of the other Contracting Party (the second Contracting Party); and

       (c) is working in the territory of the second Contracting Party in the employment of the Government of the first Contracting Party; and

       (d) is not working permanently in the territory of the second Contracting Party;

   the