Revised Laws of Saint Lucia (2023)

PART II
PROVISIONS DETERMINING THE LAW TO BE APPLIED TO CERTAIN INSURED PERSONS

ARTICLE 6

Exclusivity of Applicable Law

An insured person shall, at the material time, be subject in relation to that person's employment to the applicable legislation of only one Contracting Party.

ARTICLE 7

Persons Employed in Transnational Enterprises

Subject to the qualifications specified hereunder, an insured person who is employed in the territory of a Contracting Party shall be subject to the applicable legislation of that Contracting Party even if that person resides in the territory of another Contracting Party or even if the undertaking which employs that person has its principal place of business, or the residence of that person's employer is situated, in the territory of another Contracting Party:

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   i.     an employed person who is employed in the territory of a Contracting Party by an undertaking which is that person's regular employer and who is assigned by that undertaking to work for it in the territory of another Contracting Party, shall remain subject to the applicable legislation of the first Contracting Party, provided that the estimated duration of the employment does not exceed 24 months;

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   ii.     where, due to unforeseen circumstances, the work to be performed exceeds the estimated period of 24 months, the applicable legislation of the Contracting Party in the territory of which the undertaking is located shall remain applicable until the work is completed, subject to agreement to this effect by the competent authorities of the 2 Contracting parties concerned.

ARTICLE 8

Itinerant Employed Persons

Subject to the qualifications specified hereunder, an employed person who is employed in the territory of a Contracting Party shall be subject to the applicable legislation of that Contracting Party even if that person resides in the territory of another Contracting Party or even if the undertaking which employs that person has its principal place of business, or the place of residence of that person's employer is in the territory of another Contracting Party:

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   a.     an employed person other than one engaged in international transport, who normally works in the territories of 2 or more Contracting Parties, shall be subject to the applicable legislation of the Contracting Party where that person's place of residence is situated if—

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      i.     part of that person's occupation is carried on in the territory of that person's place of residence; or

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      ii.     that person is employed by 2 or more undertakings or employers having their principal places of business or residences, as the case may be, in the territories of different Contracting Parties;

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   b.     except as provided in sub-paragraph (a), an employed person within the meaning of that sub-paragraph shall be subject to the applicable legislation of the Contracting Party in the territory of which the undertaking employing that person has its principal place of business or the place of residence of that person's employer.

ARTICLE 9

Persons Employed in International Transport

Subject to the qualifications specified hereunder, an employed person who is employed in the territory of a Contracting Party shall be subject to the applicable legislation of that Contracting Party even if that person resides in the territory of another Contracting Party or even if the undertaking which employs that person has its principal place of business, or the place of residence of that person's employer is in the territory of another Contracting Party:

An employed person who is employed in international transport in the territories of 2 or more Contracting Parties as travelling personnel employed in the service of an undertaking which, on behalf of others or on its own behalf, is engaged in the transport of passengers or goods by road, inland waterway or air shall be subject to—

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   a     the applicable legislation of the territory where the principal place of business is located if the principal place of business of the undertaking is in the territory of a Contracting Party;

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   b.     the applicable legislation of the territory where a subsidiary, branch or agency of an undertaking is located if that person is employed by any of the same and the location is different from the territory in which the principal place of business of that undertaking is situated;

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   c.     the applicable legislation of the place of residence, if that person is mainly employed in the territory of a Contracting Party in which that person is ordinarily resident even if the undertaking employing that person has neither its principal place of business, nor a branch, subsidiary or agency in that territory.

ARTICLE 10

Persons Employed on Ships

Subject to the exceptions set out hereunder, persons employed on board ships flying the flag of a Contracting Party shall be subject to the applicable legislation of that Contracting Party:

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   i.     employed persons who are employed by an undertaking which is their regular employer, either in the territory of a Contracting Party or on board a ship flying the flag of a Contracting Party, and who are assigned by that undertaking to work for it on board a ship flying the flag of another Contracting Party, shall remain subject to the applicable legislation of the first Contracting Party, subject to the conditions set out in (i) and (ii) of Article 7;

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   ii.     employed persons normally engaged in their occupations in the territorial waters or in a port of a Contracting Party or on board a ship flying the flag of another Contracting Party but who are not members of the ship's crew shall be subject to the applicable legislation of the first Contracting Party;

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   iii.     employed persons who are employed on board a ship flying the flag of a Contracting Party and who are paid in respect of their occupation by an undertaking having its principal place of business, or by a person residing, in the territory of another Contracting Party, shall be subject to the applicable legislation of the second Contracting Party if they reside in its territory and the undertaking or person paying the remuneration shall be regarded as the employer for the purpose of the application of the said legislation.

ARTICLE 11

Persons Employed in Diplomatic Missions, Consulates and International Organisations

The provisions of Articles 8, 9 and 10 shall also be applicable mutatis mutandis to members of the service staff of diplomatic missions, consulates or international organisations and persons employed in the private service of officials of such organisations but such persons who are nationals of a Contracting Party which is a sending State may opt for the application to them of the relevant legislation of that Contracting Party.

ARTICLE 12

Self-Employed Persons

Subject to the qualifications specified hereunder a self-employed person who follows that person's occupation in the territory of a Contracting Party shall be subject to the applicable legislation of that Contracting Party even if that person resides in the territory of another Contracting Party:

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   a.     a self-employed person who resides in the territory of one Contracting Party and follows that person's occupation in the territory of another Contracting Party shall be subject to the applicable legislation of the first Contracting Party if the second Contracting Party has no legislation applicable to that person;

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   b.     a self-employed person who normally follows that person's occupation in the territories of 2 or more Contracting Parties shall be subject to the applicable legislation of the Contracting Party of the territory in which that person resides, if that person works partly in that territory;

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   c.     where the self-employed person referred to in paragraph (b) does not follow part of that person's occupation in the territory of the Contracting Party where that person resides, or where that Contracting Party has no legislation applicable to that person, that person shall be subject to the legislation agreed on by the competent institutions of the Contracting Parties concerned.

ARTICLE 13

Exclusion of Articles 6 to 12 in Respect of Voluntary Insurance

The provisions of Articles 6 to 12 shall not be applicable to voluntary insurance.

ARTICLE 14

Entitlement to Membership in Compulsory and Voluntary Insurance Schemes

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   1.   Where the application of the relevant legislation of 2 or more Contracting Parties would result in the person concerned becoming insured under a compulsory insurance scheme and at the same time permit membership as a voluntary contributor to another compulsory insurance scheme, the person concerned shall be subject only to the applicable legislation of the first-mentioned compulsory insurance scheme.

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   2.   In cases where the application of the relevant legislation of 2 or more Contracting Parties would permit membership as a voluntary contributor to 2 or more compulsory insurance schemes, the person concerned shall be entitled to be insured under the insurance of the Contracting Party where that person resides, or if that person is not resident in the territory of one of the Contracting Parties, under the scheme of the Contracting Party the legislation of which last applied to that person.

ARTICLE 15

Exclusion of the Provisions of Part II

The competent authorities of 2 or more Contracting Parties may, by mutual consent, make exceptions to any of the provisions of Articles 6 to 14 in the interests of persons affected thereby.