2011-06-30 | BWBV0005455 | Verdrag betreffende stagiaires

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Coornhert 2011-06-30 12:00:00 +00:00
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commit ca2f5c540a

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@ -3,7 +3,7 @@ titel: Verdrag betreffende stagiaires
bwb_id: BWBV0005455
type: verdrag
status: geldend
datum_inwerkingtreding: '1952-03-12'
datum_inwerkingtreding: '2011-06-30'
bron: https://wetten.overheid.nl/BWBV0005455
citeertitel: Verdrag betreffende stagiaires
---
@ -12,98 +12,64 @@ citeertitel: Verdrag betreffende stagiaires
### Artikel 1
**(a).** The present Convention applies to student employees, that is to say nationals of one of the Contracting Parties going to the territory of another Contracting Party in order to improve their linguistic and occupational knowledge by taking employment with an employer.
**(b).** Student employees may be employed in either manual or non-manual employment and may be of either sex. In general, they shall not be more than 30 years of age.
**(c).** The nationals and the territories of the Contracting Parties, to which the present Convention shall apply, are specified in the Annex to the Convention which shall be an integral part thereof.
Vervallen
### Artikel 2
Subject to the provisions of the present Convention, each Contracting Party undertakes to grant in respect of student employees any necessary authorisation to work and to remain in its territory.
Vervallen
### Artikel 3
**(a).**
Each Contracting Party shall from time to time, either generally or in respect of any particular industry or occupation:
- or (i) determine by mutual arrangement the number of authorisations for student employees that may be granted annually on the basis of reciprocity to nationals of another Contracting Party;
- or (ii) regulate the admission of student employees, without restriction of numbers, on the basis that they are additional to the persons normally engaged in the particular establishment in which they are to work;
- or (iii) regulate the admission of student employees on the basis of a head for head exchange or similar mutual arrangement;
- or (iv) adopt a combination of the foregoing methods.
**(b).** Particulars of action taken by any Contracting Party under paragraph (a) of this Article shall be communicated by that Contracting Party to the competent authorities of the other Contracting Parties as well as to the Secretary-General of the Brussels Treaty Permanent Commission.
Vervallen
### Artikel 4
**(a).** The authorisation for student employment will in general be granted for a period of not longer than one year. This period may be prolonged for six months in exceptional cases.
**(b).** It is intended that student employees shall not on the expiration of their period of student employment remain in the territory in which they have been employed for the purpose of engaging in any further employment.
Vervallen
### Artikel 5
Authorisations granted for student employment may be subject to the condition that student employees shall not carry on any other activity for financial gain or take employment other than employment for which the authorisation is granted.
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### Artikel 6
Authorisations in respect of student employment shall be granted on the basis that: —
(a) where the authorisation is for the performance of the work of an ordinary worker he shall be entitled to payment on the basis of the current normal wages for the occupation and in the locality in which he is employed;
(b) all other student employees may receive from their employers a reasonable subsistence allowance, except in the case of student employees exchanged on a head for head basis who shall be entitled to be paid according to the value of their services.
Vervallen
### Artikel 7
The Contracting Parties undertake not to grant authorisations in respect of student employees unless they are satisfied that the student employees will have sufficient resources for their maintenance while in the authorised employment.
Vervallen
### Artikel 8
**(a).** Student employees shall enjoy equality of treatment with the nationals of the country where they are working as regards the application of laws, regulations and practices governing safety, health and conditions of work.
**(b).** Student employees and their employers shall conform to the regulations in force regarding social security.
Vervallen
### Artikel 9
The Contracting Parties undertake to exempt applications in respect of student employment from all taxes, duties and fees other than nominal charges.
This exemption shall apply also and with the same reservation to authorisations for employment and permits to stay in the country issued to the persons concerned.
Vervallen
### Artikel 10
Applications concerning student employees wishing to benefit by the present Convention must be made according to the regulations of the countries concerned either directly to the competent authorities in those countries or through the competent authority in the country of which the student employees are nationals. The application will contain all the necessary information regarding the candidate for student employment, the employer who is willing to accept him and the employment proposed.
Vervallen
### Artikel 11
For the purpose of furthering the objects of the present Convention and with a view to assisting so far as possible candidates for student employment who may be unable to find by their own efforts employers who are willing to employ them as student employees, the Contracting Parties agree to facilitate the exchange of student employees either by establishing a central agency charged with the task of supervising the application of the present Convention or by other appropriate means with the help of organisations concerned with the exchange of student employees.
Vervallen
### Artikel 12
Nothing in the present Convention shall be deemed to affect the obligation of any person to comply with the laws and regulations in force in the territories of the Contracting Parties concerning the entry, residence and departure of nationals of other countries.
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### Artikel 13
The present Convention may be extended to the nationals of any other country with the consent of all the Contracting Parties.
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### Artikel 14
The competent authorities referred to in the present Convention are in each country the Ministry which is concerned with labour questions.
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### Artikel 15
**(a).** Arrangements for the application of the present Convention will, if required, be made between the competent authorities of the Contracting Parties.
**(b).** Any disagreement between two or more of the Contracting Parties arising out of the interpretation or application of the present Convention shall be resolved by direct negotiation.
**(c).** If any such disagreement cannot be resolved by such negotiation within a period of three months from the commencement of the negotiation, the disagreement shall be submitted to arbitration by an arbitral body whose composition and procedure shall be determined by agreement between the Contracting Parties.
**(d).** The decision of the arbitral body shall be given in accordance with the fundamental principles and spirit of the present Convention and shall be accepted as final and binding.
Vervallen
### Artikel 16
**(a).** The present Convention shall be ratified and the instruments of ratification shall be deposited as soon as possible with the Secretary-General of the Brussels Treaty Permanent Commission.
**(b).** It shall enter into force between those signatories which have ratified it two months after the day on which the third instrument of ratification shall have been deposited and shall enter into force for each of the other signatories on the first day of the month following that in which its instrument of ratification is deposited.
**(c).** The present Convention shall continue in force subject to the right of each Contracting Party to withdraw by giving notice to the Secretary-General which shall take effect six months after its receipt by him.
**(d).** The Secretary-General will inform the other signatories of the deposit of each instrument of ratification and of each notice of withdrawal.
Vervallen