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1. The persons covered by Articles 1 to 4 include foreigners only insofar as they are
nationals of other Parties lawfully resident or working regularly within the territory
of the Party concerned subject to the understanding that these articles are to be
interpreted in the light of the provisions of Articles 18 and 19 of the Charter.
This interpretation would not prejudice the extension of similar facilities to other
persons by any of the Parties.
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2. Each Party will grant to refugees as defined in the Convention relating to the Status of Refugees, signed at Geneva on 28 July 1951 and in the Protocol of 31 January 1967, and lawfully
staying in its territory, treatment as favourable as possible and in any case not
less favourable than under the obligations accepted by the Party under the said instruments
and under any other existing international instruments applicable to those refugees.
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3. Each Party will grant to stateless persons as defined in the Convention on the Status of Stateless Persons done at New York on 28 September 1954 and lawfully staying in its territory, treatment
as favourable as possible and in any case not less favourable than under the obligations
accepted by the Party under the said instrument and under any other existing international
instruments applicable to those stateless persons.
It is understood that social security matters, as well as other provisions relating
to unemployment benefit, old age benefit and survivor's benefit, may be excluded from
the scope of this Article.
This provision is not to be interpreted as requiring the Parties to embody in laws
or regulations a list of occupations which, by reason of their nature or the context
in which they are carried out, may be reserved to persons of a particular sex.
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2 The term "national legislation and practice" embraces as the case may be, in addition
to laws and regulations, collective agreements, other agreements between employers
and workers' representatives, customs, as well as relevant case law.
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3 For the purpose of the application of these articles, the term "undertaking" is understood
as referring to a set of tangible and intangible components, with or without legal
personality, formed to produce goods or provide services for financial gain and with
power to determine its own market policy.
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4 It is understood that religious communities and their institutions may be excluded
from the application of these articles, even if these institutions are "undertakings"
with the meaning of paragraph 3. Establishments pursuing activities which are inspired
by certain ideals or guided by certain moral concepts, ideals and concepts which are
protected by national legislation, may be excluded from the application of these articles
to such an extent as is necessary to protect the orientation of the undertaking.
This provision affects neither the powers and obligations of States as regards the
adoption of health and safety regulations for work-places, nor the powers and responsabilities
of the bodies in charge of monitoring their application.
The terms "social and socio-cultural services and facilities" are understood as referring
to the social and/or cultural facilities for workers provided by some undertaking
such as welfare assistance, sports fields, rooms for nursing mothers, libraries, children's
holiday camps, etc.
For the purpose of the application of this paragraph, the term "for as long as possible"
refers to the elderly person's physical, psychological and intellectual capacities.
It is understood that workers excluded in accordance with paragraph 2 of Article 2
and paragraph 2 of Article 3 are not taken into account in establishing the number
of workers concerned.