General legal framework

Hiring

Seafarers on vessels registered under the French flag with the RIF are hired:

• either directly by the shipowner;
• or by a private seafarer recruitment and placement service (SPRPGM).

In the second case, if the SPRPGM is a maritime employment company that provides seafarers, then it is the employer (because he pays the seafarer).

All SPRPGMs must be approved by the authorities of the State in which they are based.

Seafarers employment agreement

Contractual relations between employers and seafarers sailing under the French flag in the RIF, from training to termination of the seafarer employment agreement, are governed by the following rules:

• for seafarers resident in France, by Book V of Part Five of the French Transport Code ;
• for seafarers residing outside France, by the law chosen by the parties subject to the provisions of Title II of Book VI of Part Five of the Transport Code, in particular those of public order relating to labour law.

Standard contract on board in case of port state control

Article L5542-6-1 of the French Transport Code, made applicable to RIF vessels by article L5621-12, stipulates "that on board vessels engaged in international voyages, the master shall hold an example of a standard contract, as well as the elements of collective agreements and arrangements which relate to matters controlled under port state inspections, in one or more foreign language versions, including at least one in English".

A single standard contract in English is sufficient, it is not necessary to have a standard contract for each nationality in the case of a port state control.