The Convention between Sweden and the Federal Republic of Germany concerning
compensation in the event of unemployment, which was signed on 28 June 1976,
redound to the Institute here in the Kingdom with effect from 1 January 1978.
The Convention is attached to this regulation in Swedish and German text as an attachment.
As evidence of German citizenship, for the purposes of the Convention
valid passport or other certificates of citizenship, issued by
The competent authorities of the Federal Republic of Germany or by the competent
authorities in West Berlin.
For the purposes of applying article 19 mom. 1 of the Convention,
labor market be competent Swedish authority.
Annex
Convention
between the Kingdom of Sweden and the Federal Republic of Germany concerning
compensation in the event of unemployment
The Kingdom of Sweden and the Federal Republic of Germany
DESIRING to regulate their relations in matters of social security at
unemployment, have agreed on the following:
TITLE I
General provisions
Article 1
Definitions
In this Convention, the expression "terms
1. "territory"
with regard to the Federal Republic of Germany the area in which
The Constitution of the Federal Republic of Germany applies, in respect of
Kingdom of Sweden its territory;
2. "citizens"
with regard to the Federal Republic of Germany a German in the for
The Federal Republic of Germany concerning the basic law's meaning, in respect of
The Kingdom of Sweden a person with Swedish citizenship;
3. "law"
laws, regulations, ordinances and other general regulations
for those in article 2. 1 specified branches of social security;
4. "competent authority"
with regard to the Federal Republic of Germany, the Federal Minister for
labour and Social Affairs,
with respect to the Kingdom of Sweden, the Government or the authority
the Government determines;
5. "insurance agency"
with regard to the Federal Republic of Germany, the Federal Office for
work issues,
with respect to the Kingdom of Sweden
--What concerns unemployment insurance, labor market and the
recognised unemployment funds
--What concerns unemployment aid, the Swedish national labour market Board and its
regional bodies (the County labour councils);
6. "employment"
an employment or activity in accordance with the applicable
legislation;
7. "unemployment benefits"
with regard to the Federal Republic of Germany, the charges regardless
compensation in the event of unemployment (so called unemployment assistance), with respect to
The Kingdom of Sweden, the fees independent compensation at
unemployment (cash labour market assistance).
Article 2
Objective scope
1. The Convention, in so far as not otherwise therein provided, applicable to
1) the German legislation concerning unemployment insurance and
unemployment assistance;
2) the Swedish legislation concerning unemployment insurance and
unemployment benefits (cash labour market assistance).
2. for the application of this Convention to be considered non such legislation in
Contracting State, arising from other intergovernmental agreement
or of supranational law or relating to the application of such
agreement or law.
Article 3
Personal scope of the directive
Equal treatment
1. The Convention, in the following unless otherwise stated, as to
unemployment insurance, any person who is subject to it in article 2
specified legislation regardless of citizenship, as
unemployment aid, the Contracting State citizens.
2. in so far as the Convention according to mom. 1 or the provisions of title
(II) are applicable only to those Contracting States ' citizens,
shall with such national par
a) refugees within the meaning of article 1 of the Convention on 28 July 1951
to the status of refugees and the Protocol of 31 January 1967
to the said Convention,
b) stateless persons within the meaning of article 1 of the Convention of 28 september 1954
relating to the status of stateless persons, all under the
provided, that they are domiciled in the Contracting State
territory.
3. The persons referred to in subsection. 1 and 2 are covered by the Convention,
equality in terms of rights and obligations under the
Contracting States ' legislation specified in article 2, unless otherwise
provided for in article 24.
Article 4
Effect of income or employment conditions on contributory
and compensation in the other Contracting State
In so far as, under the law of one Contracting State a
payments under the social legislation or other income or certain
employment effects on fee obligation or right to
insurance or compensation under this Convention shall be subject to the same effect
apply also for similar consideration and similar income from the other
Contracting Governments and similar employment in this State.
Article 5
Applicable law
1. Unless otherwise provided in the mom. 2, the right to insurance and
fee obligations shall be determined in accordance with the legislation of the Contracting
State in whose territory the employed are engaged, even if
the employer can be found within the other Contracting State.
2. Pursuant to article 6-8 and 10 of the Convention on social security
between the Federal Republic of Germany and the Kingdom of Sweden in the field of
insurance obligations employment non applicable legislation
as far as the place of employment, but rather the other
Contracting State, and the laws of the State concerned
also apply in the context of the objective of this Convention
scope of the directive.
3. this Convention non-the provisions of the Vienna Convention on
diplomatic relations and the Vienna Convention on consular
relations, which refers to it in article 2. 1 specified
legislation.
TITLE II
Remuneration right
1. General
Article 6
In the case of claims and procedure legislation in
the Contracting Government within whose territory the claim is raised, if not
otherwise provided in this title.
2. Unemployment insurance
Article 7
Count of the Contracting Governments tillgodoräkningsbara
times
1. For the purpose of determining the claim shall
(a)) in the Federal Republic of Germany the period during which an unemployed person
been a member of the Swedish unemployment insurance fund and been employed in
The Kingdom of Sweden shall be considered as time during which the contributing
employment in the Federal Republic of Germany;
(b)) of the Kingdom of Sweden the time during which a contributing employment
carried out in the Federal Republic of Germany shall be deemed to be time during which the
unemployed person has been a member of the Swedish unemployment insurance fund and been busy
in the Kingdom of Sweden;
(c)) with respect to a national of any of the Contracting States,
be taken into account including those times of membership, employment and
contributing to employment which in each case shall be taken into account
in the other Contracting State on the basis of intergovernmental treaties
or the legal system of the European communities.
2. The unemployed person is the claim of the Federal Republic of
Germany, is mom. 1 applicable only if an unemployed person,
(a)) since he launched the stay in the Federal Republic of Germany, have exercised
According to German law contributing employment during
at least four weeks or
(b)) is a German citizen or
(c)) returns to the Federal Republic of Germany after having been a Member
in the Swedish unemployment insurance fund and has been employed in the Kingdom of Sweden
as well as his most recent taxable employment in German
legislation not further back in time than twelve months
from the date of application.
3. The unemployed person is the claim of the Kingdom of Sweden, is
mom. 1 applicable only if an unemployed person,
(a)) since he started in the Kingdom of Sweden, has been a member of the
Swedish unemployment insurance fund and capital employed in the Kingdom of Sweden in
at least four weeks or
(b)) is a Swedish citizen or
(c)) returns to the Kingdom of Sweden after having pursued an according to
German legislation contributing to employment, as well as his membership in
Swedish unemployment insurance fund and the employment of the Kingdom of Sweden non
farther back in time than twelve months from the date of
application.
4. Times who, under the law of a Contracting State is assimilated
with times of membership and employment or by contributing
employment, shall be taken into account also in the other State, but not for
time for which that State law permits recognition of
equal times.
Article 8
Reduction in the duration of compensation
1. the duration of compensation shall be reduced by the amount of time for which a
Insurance Agency of the other State has granted the unemployed person
unemployment compensation during the 12 months prior to the date of
application, except to the extent that an unemployed person after receipt of this
compensation has completed a new skill time.
2. temporary or permanent replacement Has been refused, has such a
measure the same effect at the same time on claims that an unemployed person travelling
against the insurance agency of the other Contracting State.
Article 9
Moving during the collection of compensation
Move the nationals of one Contracting State for collection of
payments from unemployment insurance to the other
Contracting Governments, insurance agency in that State
grant continued remuneration in accordance with the applicable for Agency
the legislation without trying, even if the qualifying period completed
According to these rules. Article 7 mom. 2 b), and (c)), mom. 3 (b)), and (c)), and
Article 8 shall apply mutatis mutandis.
Article 10
Calculation of the remuneration
In so far as, under the law of a Contracting State in the
size is dependent on previously received wages or of insurance in
some replacement class shall substitute for the time that the worker non
was employed in the territory of that State are calculated on the basis of the
average salary in accordance with collective agreements or, if not available,
the usual rules of salary in a comparable employment in the place of residence
or the replacement class that normally responds to this.
Article 11
Reimbursement of fees and allowances
Reimbursement of fees and allowances shall not take place between either
the Contracting States or the insurance bodies.
3. Unemployment benefits
Article 12
1. in so far as, under the law of a State party claiming
unemployment benefits are dependent on certain jobs completed within
State, a job completed in the other
Contracting Governments shall be treated as if it is completed within the State.
Article 7 mom. 2 and 3, and articles 8 to 11 shall be equivalent
application.
2. in so far as, under the law of a State party claiming
unemployment benefits are subject to the presentation of a claim
unemployment benefits in the past has been and exhausted, a claim
on unemployment benefits, which have persisted and been exhausted in accordance with
the legislation of the other Contracting State, is treated as a
claims, which have been and are exhausted in the first-mentioned Contracting
State. Article 7 mom. 2 and 3, and articles 8, 10 and 11 shall be
the corresponding application.
TITLE III
Other provisions
Administrative and judicial assistance
Article 13
General administrative assistance
The Contracting States ' insurance agencies, associations of
insurance agencies, authorities and courts shall for the purposes of
the legislation referred to in article 2. 1 and of this Convention
give each other mutual assistance in the same way as for the purposes of
the for those laws. Assistance is provided free of charge.
Article 14
Reciprocity in terms of recognition and enforcement of judgments and
decision.
1. A Contracting State's courts announced enforceable judgments
as well as by a Contracting State insurance agencies or
authorities announced the enforceable decision on fees and other
requirements within the scope of the Convention recognized in
the other Contracting Governments.
2. Recognition may be refused only if it is contrary to the General
order in the Contracting State in which the judgment or decision is invoked.
3. According to mom. 1 recognized enforceable judgments and decisions work center in
the other Contracting Governments. For this purpose, the förfares in accordance with the
who, under the law of the State in whose territory the
the execution is to take place, applies to the enforcement of this State
announced similar judgments and decisions. Transcript of judgment or decision
must be provided with a certificate of its enforceability (exigibilitetsklausul).
4. Have insurance agencies of a Contracting State may claim on oguldna
fees, shall be enforced, as well as in bankruptcy and
conciliation proceedings in the other State, such claims have the same
ranking as a corresponding claim in the State.
5. other receivables according to mom. 1 of course, while article 20 specified
compensation claims.
Article 15
Exemption from tax, levies and legalization
1. a Contracting State before the written exemption from
or reduction of taxes or charges, in that included consular
and administrative fees, for acts or decisions, which shall
produced in and for the purposes of this law, utsträckes to
the corresponding documents and decisions to be presented in and
for the application of this Convention or of the article 2. 1
specified the legislation of the other Contracting State.
2. the decision, which shall be established in and for the purposes of this Convention
or the one in article 2. 1 specified laws, need not be provided
with the certificate of authenticity (COA) or subject to any other similar formality by
the basis of the other Contracting State Agency.
Article 16
The procedure for contact between authorities, courts and
the insurance bodies
In article 13 the intended body may for the purposes of article 2.
1 specified legislation and by this Convention come into immediate
connected with one another and with the persons concerned and their representatives in
their language. Relating to the use of an interpreter is not affected. Decisions, decisions
and other documents can be directly sent to a person residing
in the other Contracting State in the preferred
delivery with acknowledgement of receipt.
Article 17
Compliance with Cook time
1. Have application for compensation under a Contracting State
legislation made by a body in the other Contracting State;
which is competent to receive the application for a corresponding compensation in accordance with
the for this body of legislation in force, shall be considered the application as
made of the competent insurance body. The foregoing is the owner of the corresponding
application to other applications, declarations and appeals writings.
2. applications, declarations and appeals writings of the body in
one Contracting State, to which they have been tabled, without delay
forwarded to the other competent bodies.
Article 18
Right for yrkeskonsulära authorities to be representative
One Contracting State's yrkeskonsulära authorities of the other
Contracting Government has the right to without submission of a power of Attorney, the
ersättningsberättigads request, take the necessary measures to
secure and maintain the rights of the former
citizens. In particular, those of the bodies referred to in article 13 of
the interest of the citizens make applications, give explanations and submit
appeal papers.
Application and interpretation of the Convention
Article 19
Mutual intelligence-liaison bodies
1. the competent authorities shall inform each other of changes in
and extensions of them existing in article 2 the specified legislation.
2. the application of this Convention is for the liaison bodies.
These are in the Federal Republic of Germany, on behalf of the Federal Office of
Labour Affairs central administration, Nuremberg in the Kingdom of Sweden
labor market.
Article 20
Liability claims against third parties
If any, which according to the article 2 of said law has received
compensation in one Contracting State as a result of unemployment,
According to the other Contracting State has claimed
compensation against third parties due to it by unemployment resulting
the damage, such claims go over at the required
According to the insurance agency for this legislation.
Article 21
Means of payment and currency conversions
Cash payment may by a Contracting State insurance agency
liberating effect granted to a person who stays in the other
Contracting State, in the currency of that State. In
the relationship between the body and the compensation
legitimate concerns for the conversion the current adopted
for the cash transfer. An insurance agency
payments to an insurance agency of the other Contracting
the State shall take place in the latter State. An insurance agency
payments to an insurance agency of the other Contracting
the State in the cases referred to in articles 14 and 20 shall be in the
former State.
Article 22
Rendering of unduly granted benefits
1. If the insurance bodies in a State party wrongly granted
compensation, it can incorrectly amount paid be suspended for
Insurance Agency's behalf from subsequent or current
payment according to the other Contracting State;
2. Is someone under a Contracting State entitled
to cash compensation for the time for which he or his
family members received benefits from a social services agency in the
other Contracting State, shall this cash payment upon request
of the eligible social assistance agency suspended, for its
Bill as if it was a social services agency based in the
former State.
Article 23
Arbitration clause
1. Disputes between the two States parties of the Convention
interpretation or application of the agreement shall, as far as possible be attached by the
competent authorities.
2. can the litigation non settled in this way, the hänskjutes on demand
of a Contracting State to a Court of arbitration.
3. the arbitral tribunal is formed for each particular case by each of
the Contracting States will appoint one Member and these two members
ENAR is a national of a third State as President, the appointed
of the two Contracting States. The members appointed in
two months and the Chairman within three months of the one
Contracting Governments announced the second that it intends to submit
dispute a Court of arbitration.
4. If the time limits specified in the third subparagraph, non lacking license agreement can
the other agreement each of the Contracting States
recourse to the President of the European Court of human
rights with the necessary people's appearance. Is
President national of one of the Contracting States or is he
for any other reason unable, the persons appointed by the
Vice President. The Vice President is also a national of one of the
Contracting States or is he also prevented, the person
appointed by it to rank then Chief member of the Court of Justice, which
non nationals of any of the Contracting States.
5. the arbitral tribunal meets its ruling by majority decision on
the basis of the present Treaty between the parties and the general public international law.
Its decisions are binding. Each of the Contracting States carries
the costs of its member and for his participation in the proceedings before
the arbitral tribunal. The costs of the Chairman and the remaining costs are borne
of the Contracting States to equal parts. The arbitral tribunal may
decide on the different cost control. Otherwise govern the arbitral tribunal
self their procedure.
Article 24
Appointment of members of the judicial bodies of the insurance agencies and boards
A Contracting State relating to the securing of the insured's
and employers ' participation in agencies and insurance agencies
self-management and associations in the operation of the
social security is not affected.
TITLE IV
Transitional and final provisions
Article 25
Transitional rules
1. this Convention found no right to compensation of time prior to its
date of entry into force.
2. for the application of this Convention shall be taken into account even before the entry into force
initializing elements relevant under the Contracting
States ' legislation.
3. Previous rulings prevent non application Convention.
Article 26
Berlin-clause
The Convention also apply to Land Berlin, if non-Federal Republic of
The German Government to the Government of the Kingdom of Sweden emits the opposite
explain within three months after the entry into force of the Convention.
Article 27
Date of entry into force
1. The Convention shall be subject to ratification; the instruments of ratification shall
be exchanged as soon as possible, in Stockholm.
2. the Convention enters into force on the first day of the second month
After the end of the month in which the instruments of ratification
exchanged.
Article 28
The period of validity of the
1. The Convention is concluded for an indefinite period. Each Contracting State may
at least three months in advance to say up to the end of a
calendar year.
2. the Convention Ceases to have effect as a result of the termination, its
rules still apply to claims incurred
prior to that.
For CONFIRMATION OF THIS, the undersigned hereto by their Governments
duly accredited representative signed this Convention and
provided it with his seal.
Done at Bonn on June 28, 1976 in two original copies, each in the
Swedish and German languages, both texts being equally authentic.
For The Kingdom Of Sweden
Ingemund Bengtsson
Sven Backlund