Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:14:p22
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 14 (pt 22/25)
Character Range: 509783–512590

this person and his employer in the same way.

   (b) If, by virtue of Articles 4, 5 and 8 of the Supplementary Agreement, Australian legislation applies to a person working in the territory of the Federal Republic of Germany, the German laws and regulations in the field of employment promotion shall not be applicable to this person and his employer.

  2.  With reference to Articles 4 to 8 of the Supplementary Agreement:

   Persons to whom German legislation applies shall also include those who, under German legislation, are insurance‑free or exempted from insurance.

  3.  With reference to Article 5 of the Supplementary Agreement:

    (a) It shall not be considered a case of detachment to the other Contracting State in particular when:
     ‑ the work of the detached employee does not correspond to the employer's business operations in the sending State;
      ‑ the employer of the detached employee ordinarily does not engage in considerable business activities in the sending State;
      ‑ the person recruited for the purpose of detachment is not ordinarily resident in the sending State at that time;
      ‑ this constitutes illegal labour leasing under German law; or
      ‑ the employee has worked in the sending State for less than two months after termination of the last period of detachment.

   (b) For persons who are already detached on the day of entry into force of the Supplementary Agreement the specified period shall begin on that date.

   (c) Article 5 of the Supplementary Agreement shall apply analogously to a self‑employed person who ordinarily engages in considerable business activities in the territory of the Federal Republic of Germany if that person temporarily works in the territory of Australia on a time limited basis. In this situation only the legislation of the Federal Republic of Germany shall continue to apply with regard to that work during the first forty‑eight calendar months as though the self‑employed person were still working in the territory of the Federal Republic of Germany. The period of forty‑eight calendar months shall start on the first day of the calendar month in which the self‑employed person takes up work in the territory of Australia. Item 3 (b) shall apply analogously.

  4. With reference to Article 8 of the Supplementary Agreement:

   (a) Where, in application of Article 8 of the Supplementary Agreement, German legislation applies to a per­son, the person shall be deemed to be employed or to work at the place where he or she was last employed or working; however, a different arrangement resulting from the previous application of Article 5 of the Supplementary Agreement shall continue to be effective. When he or she was previously not employed or working in the territory of the Federal Republic of Germany,