Opting for a protective register for seafarers
Enhanced social protection
The international Maritime Labour Convention (MLC, 2006) recommends that States parties implement at least 3 of the 9 elements associated with social risks 1 (standard A4.5, MLC).
France has chosen to guarantee the coverage of all social risks for seafarers affiliated to the ENIM (see below) and 7 of 9 social risks for seafarers and seamen affiliated to an other social insurance (private or public).
For seafarers residing in France, in a member State of the European Union, a State of the European Economic Area or in Switzerland, the European regulation on the coordination of social security systems provides for affiliation to the social protection system of the flag State. However, it is possible for the seafarer to remain affiliated in his/her country of origin, if the employer is also located in that country.
For seafarers on board ships under the RIF, it is the "ENIM", a public social security system that protects seafarers and their family (beneficiaries). The French system is competitive: the state bears part of this social protection cost for the benefit of shipowners exposed to international competition (art. L. 5553-11, Transport Code), thus providing a quality/price ratio higher than a private social coverage system.
For seafarers who reside outside the aforementioned States, it is the bilateral social security agreement (if France has concluded one with the State in question, for example with the Philippines) or the law chosen by the parties that applies. In any case, the Transport Code stipulates that the seafarer must be covered for 7 of the social risks identified by the MLC 2 and this guarantees a higher protection than what is achieved with other flags.
More details on the social protection of seafarers under the RIF in the dedicated section.
Labour law in compliance, or even above, the MLC recommendations
The MLC sets minimum standards and recommendations for all aspects of maritime labour law. It is therefore an international standard, and compliance by each flag guarantees quality and well-being at work for crews and their employers.
On this basis, seafarers on board ships registered with the RIF benefit from a legal work schedule (maximum of 14 hours per 24-hour period), guaranteed rest time (minimum of 10 hours per 24-hour period), a maritime work contract with a legally set content (mandatory information set by the MLC), etc. The use of maritime work agencies (or manning agencies) is possible but they must comply with the MLC standards.
Note: with regard to maritime labour law, a distinction is made between seafarers who reside in France and those who don’t. More details on applicable labour law for seafarers on board RIF ships in the dedicated section.
Application of collective agreements
All collective agreements negotiated between social partners in the merchant navy in France are fully applicable to seafarers on board ships registered under the RIF.
Examples:
- collective agreement for officers at sea employed in transport and maritime service companies of November 19, 2012 ;
- national collective agreement for officers at sea employed in shipping companies of November 30, 1950
1. Medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury cover, family benefits, maternity benefits, invalidity benefits and survivors’ benefit.
2. Standard A4.5 - Social Security, MLC: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors’ benefit, unemployment benefits.