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![]() The exemption provided for in paragraphs 1 and 2 of this Article shall not preclude voluntary participation in the social security system of the receiving State, provided that such participation is permitted by that State.’Īrticle 71 of the VCCR (‘Nationals or permanent residents of the receiving State’) provides: Members of the consular post who employ persons to whom the exemption provided for in paragraph 2 of this Article does not apply shall observe the obligations which the social security provisions of the receiving State impose upon employers.Ĥ. That they are covered by the social security provisions which are in force in the sending State or a third State.ģ. That they are not nationals of or permanently resident in the receiving State and The exemption provided for in paragraph 1 of this Article shall apply also to members of the private staff who are in the sole employ of members of the consular post, on condition: Subject to the provisions of paragraph 3 of this Article, members of the consular post with respect to services rendered by them for the sending State, and members of their families forming part of their households, shall be exempt from social security provisions which may be in force in the receiving State. Ģ. The particular status of members of the consular posts who are nationals or permanent residents of the receiving State is governed by Article 71 of the present Convention.’Īrticle 48 of the VCCR (‘Social security exemption’) is worded as follows: “consular employee” means any person employed in the administrative or technical service of a consular post ģ. For the purposes of the present Convention, the following expressions shall have the meanings hereunder assigned to them: May the competent institution of a Member State, in calculating the old-age pension benefits to which a worker is entitled, exclude periods of employment at the consulate of a non-Member State on the ground that, during such periods, the worker was not affiliated to the social security system of the Member State? That, essentially, is the issue on which the referring court requests guidance from the Court.Īrticle 1 of the Vienna Convention on Consular Relations (‘the VCCR’) ( 2) sets out the following definition: ‛Regulation (EEC) No 1408/71 - Determination of the legislation applicable to a worker in the field of social security - Applicability - Employment at the consulate of a non-Member State - Vienna Convention on Consular Relations of 24 April 1963 - Declaration by a worker that that person chooses not to join the social security scheme of a Member State - Concept of ‘discrimination’’ (Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands)) Raad van bestuur van de Sociale verzekeringsbank ![]()
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