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242
United Nations—Treaty Series · Nations Unies—Recueil des Traités
1983

Article 4. 1. Except where otherwise provided in this Convention, pensions and other cash benefits, with the exception of unemployment benefits, may not be reduced, modified, suspended or withdrawn on account of the recipient residing in the territory of the other Contracting Party.

2. Except where otherwise provided in this Convention, pensions and other cash benefits under the legislation of one Contracting Party shall be granted to nationals of the other Contracting Party who reside in a third state under the same conditions and to the same extent as to nationals of the first Contracting Party residing in this third state.

part II. PROVISIONS CONCERNING APPLICABLE LEGISLATION

Article 5. Except where otherwise provided in articles 6 and 7, the persons covered by this Convention shall be subject to the legislation of the Contracting Party in whose territory they reside or, as regards insurance branches specified in article 2, paragraph 1, which do not depend on residence, to the legislation of the Contracting Party in whose territory they are employed.

Article 6. 1. If a person employed in the territory of a Contracting Party is posted by his employer to the territory of the other Contracting Party to perform work on behalf of the same employer, he shall continue to be subject to the legislation of the former Party as though he were still employed in the territory of that Party, provided that his posting is not expected to last more than thirty-six calendar months.

2. Travelling personnel employed by transport undertakings or by air lines, and working in the territories of both the Contracting Parties, shall come under the legislation of the Contracting Party in whose territory the undertaking has its head office. If, however, the employee is resident in the territory of the other Contracting Party, the legislation of that Contracting Party shall apply.

3. The legislation of the Contracting Party, whose flag a vessel is flying, shall apply to the crew of the vessel and the other persons who are employed on board on a permanent basis. If, however, a person employed on board a ship flying the flag of one Contracting Party is paid in respect of this occupation by an undertaking having its principal place of business, or by a person having his place of residence, in the territory of the other Contracting Party, he shall be subject to the legislation of the latter Party. In relation to Israel, the second sentence applies also where a ship flies the flag of a third country but has a crew which is paid by an undertaking having its principal place of business or by a person resident in Israel.

4. An employee who is to be subject to the legislation of a Contracting Party under the provisions of this article shall, as well as the members of his family accompanying him, for such purposes be considered to be resident in that Contracting Party.

Article 7. 1. This Convention does not affect the provisions of the Vienna Convention on Diplomatic Relations[1] or the general principles of customary international law regarding consular privileges and immunities with respect to the legislation specified in paragraph 1 of article 2.

Vol. 1332. 1-22358

  1. United Nations, Treaty Series, vol. 500, p. 95.