Revised Laws of Saint Lucia (2023)

PART II
PROVISIONS ON THE APPLICABLE LEGISLATION

ARTICLE 6
General Rule

Subject to Articles 7, 8, 9, 10 and 11, persons shall only be subject to the legislation of the Party in whose territory they are working.

ARTICLE 7
Self-employed Persons

Self-employed persons residing in the territory of one Party and working for their own account in the territory of the other Party or in the territory of both Parties shall, with respect to such work, be subject only to the legislation of their place of residence.

ARTICLE 8
Detachment

1.  

   1.   Persons subject to the legislation of one Party and temporarily sent by their employers, for a period not exceeding 36 months, to the territory of the other Party shall, with respect to such employment, be subject only to the legislation of the first Party during their secondment.

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   2.   However, if the time required to complete the work comes to exceed 36 months, the legislation of the first Party may continue to apply provided that the competent institutions of both Parties give their approval.

ARTICLE 9
Persons Employed in International Transport

1.  

   1.   Persons working in the territory of both Parties as travelling personnel for an international carrier which, on behalf of others or on its own account, transports passengers or goods, by air or by sea, and which has its registered office in the territory of one Party, shall be subject to the legislation of this Party.

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   2.   However, if those persons are employed by a branch or permanent agency which the undertaking has in the territory of one Party other than the Party in whose territory it has its registered office, they shall be subject to the legislation of the Party in whose territory the branch or permanent agency is located.

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   3.   Notwithstanding the preceding 2 paragraphs, if the persons are employed wholly or mainly in the territory of the Party where they are resident, they shall be subject to the legislation of that Party, even if the undertaking which employs them has neither its registered office nor a branch or permanent agency in that territory.

ARTICLE 10
Persons in Government Service

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   1.   Persons employed by one of the Parties and assigned to a post in the territory of the other Party shall be subject only to the legislation of the first Party for all matters relative to that post.

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   2.   Persons residing in the territory of one Party and employed in that territory by the other Party shall, with respect to that service, be subject only to the legislation which applies in that territory. However, if those persons are nationals of the Party by which they are employed, they may, within 6 months from the beginning of their employment or from the coming into force of the Understanding, choose to be subject to the legislation of that Party.

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   3.   In the application of this article, Canadian citizens who do not reside in Quebec but who are or have been subject to the legislation of Quebec are deemed to be nationals of Quebec.

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   4.   No provision of the Understanding may be interpreted as being contrary to the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or to the provisions of the Vienna Convention on Consular Relations of April 24, 1963, relative to the legislation mentioned in Article 2.

ARTICLE 11
Derogation from the Provisions on Coverage

The competent authorities of both Parties may by common agreement derogate from the provisions of Articles 6, 7, 8, 9 and 10 with respect to any persons or categories of persons.