その他令和7年9月12日
社会保障協定（日本・オーストリア）第7条：特別規定
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令和7年9月12日
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17
Article 7
Special Provisions
2. If the detachment referred to in paragraph 1 of this Article continues beyond five
years, at the request of an employee and an employer, the competent authorities of the
1. Where an employee who is covered under the legislation of a Contracting State
two Contracting States or the competent institutions designated by those competent
and employed in the territory of that Contracting State by an employer with a place of
authorities may agree that the employee remains subject to the legislation as specified in
business in that territory is sent by that employer from that territory to work in the territory
paragraph 1 of this Article.
of the other Contracting State and:
3. Paragraph 1 this Article shall also apply where a person who has been sent by
his or her employer from the territory of one Contracting State to the territory of a third
State is subsequently sent by that employer from the territory of the third State to the
territory of the other Contracting State
4. A person who would otherwise be covered under the legislation of both
Contracting States with respect to self-employment and who is a resident of one
Contracting State shall be subject only to the legislation of the Contracting State of which
he or she is a resident. If this person is thus subject only to the Japanese legislation,
paragraph 1(c) of this Article shall apply accordingly.
5. This Article shall not apply to a person who is employed in the territory of Japan
by an employer with a place of business in that territory or who ordinarily works as a self-
employed person in the territory of Japan, if that person is not covered under the Japanese
legislation concerning the Japanese pension systems specified in paragraph 2(a) of Article
17
Article 8
Employees on Board a Sea-Going Vessel or on an Aircraft in International Traffic
1. Where the legislation of both Contracting States would otherwise apply to a
person who works as an employee on board a sea-going vessel flying the flag of a
Contracting State, that person shall be subject only to the legislation of that Contracting
State. Notwithstanding the foregoing, that person shall be subject only to the legislation
of the other Contracting State if that person is emploved by an employer with a place of
business in the territory of the other Contracting State, provided that that person is not a
resident of the first Contracting State.
2. A person who works as an employee on an aircraft in international traffic shall,
with respect to that employment, be subject only to the legislation of the Contracting State
in whose territory the employer is located
Article9
Article
Members of Diplomatic Missions, Members of Consular Posts and Civil Servants
1. Nothing in this Agreement shall affect the provisions of the Vienna Convention
on Diplomatic Relations of April 18,1961 or of the Vienna Convention on Consular
Relations of April 24, 1963.
17
0.0Subject to paragraph 1 of this Article, where any civil servant of one Contracting the
State or any person treated as such in the legislation of that Contracting State is sent to
work in the territory of the other Contracting State, that person shall be subject only to
the legislation of the first Contracting State as if that person were working in the territory
of the first Contracting State. If this person is thus subject only to the Japanese
legislation, paragraph 1(c) of Article 7 shall apply accordingly.
Article 10
Exceptions to Articles 6 to 9
At the request of an employee and an employer or a self-employed person, the
Japanese competent authorities or the Japanese competent institutions and the Austrian
competent authority may by taking into account the nature and circumstances of the
employment or self-employment, agree to grant an exception to Articles 6 to 9 in the
interest of particular persons or categories of persons, provided that such persons or
categories of persons shall be subject to the legislation of one of the Contracting States.
Article 11
Spouse and Children
1. While a person works in the territory of Japan and is subject to the Austrian
legislation in accordance with Article7 (except paragraph 4) or Article 10 applied to
persons who are sent to Japan by an employer with a place of business in Austria, the
spouse or children coming with that person shall be exempted from the Japanese
legislation concerning the Japanese pension system specified in paragraph 2(a)(i) of
Article 2 provided that the requirements specified in the Japanese legislation concerning
the enforcement of the agreements on social security are fulfilled. However, when those
spouse or children so request, the foregoing shall not apply.
p.10 / 2
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