Management of work pattern and overtime on board ships under French-flagged/RIF ships

In accordance with art. L. 5612-1 of the French Transport Code, the body of law relating to maritime Labour Law on board ships registered in the international register of the French flag (RIF) differs according to the seafarer’s place of residence:

Working time definition

Before distinguishing employment law according to place of residence, the definition of working time, common to all on-board seafarers, is fundamental: "The time during which on-board personnel are, as a result of an order given, at the disposal of the captain, outside the premises which serve as his/her living quarters on board, shall be considered as effective working time on board" (art. L. 5544-2, French Transport Code).

Distinction between residents in France and residents outside France

The summary table published below clarifies the legislation and regulations in force concerning the working hours applicable on board vessels registered under the French flag in the RIF.

Record of hours worked on board

On board all ships registered in the RIF, a register showing seafarers’ daily hours of work and rest must be kept on board and updated daily (art. L. 5623-4, French Transport Code).

This register may be checked by the RIF Office.

Overtime management: reminder about the legal framework

In France, all hours worked in excess of the legal working time threshold, without exceeding the maximum working time threshold, must be paid or compensated.

You will find below a summary table of the rules to be complied with in terms of managing overtime. Please note that the employer and the seafarer determine together in the seafarer employment agreement (SEA) the overtime working hours management option (extra wage or extra days off).

Managing overtime on board shipping and maritime services vessels

The provisions of the French Labour Code allow the organisation of working hours on board ships flying the French flag.

Art. L. 3121-41, Labour Code: "When a system for organising working time over a reference period longer than a week is put in place, overtime is deducted at the end of this reference period".

As the social partners in the maritime transport and services sector have concluded a collective bargaining agreement (CBA) which has been extended at national level by decree, this reference period for the organisation of working time may not exceed 3 years.

What does this involve? Art. L. 3121-41, French Labour Code:

• if the reference period is annual, only hours worked in excess of 1,607 hours constitute overtime;
• if the reference period is less than or greater than 1 year, hours worked in excess of an average weekly working time of 35 hours calculated over the reference period constitute overtime.

These measures provided for in the Labour Code are taken up and adapted by the collective agreement for seagoing officers of maritime transport and services companies of 19 November 2012

Article 5.2: "In application of articles L. 3122-2 et seq. of the French Labour Code, compliance with the legal working time and the calculation of overtime are assessed within the framework of the reference period. Overtime may be paid at the statutory rate and/or be subject to compensatory rest . As part of their pay policy, companies may decide to pay or compensate overtime on a flat-rate basis. These provisions within a company may differ for officers and operational staff, taking into account the specific constraints of each category.
A duty roster is drawn up by the ship’s master in consultation with the ship’s representatives. It is appended to the logbook and posted in the crew quarters. The roster indicates for each function:

• the duty schedule at sea and in port ;
• the maximum number of working hours or the minimum number of rest hours prescribed by the applicable laws, regulations and collective agreement".

Article 5.5 :

"5.5.6. Compensation for overtime: overtime (counted over a week or any other period greater than or equal to one year), if not paid or lump-summed, is compensated in the form of day off, in accordance with the legal and regulatory provisions, and included in the rate of day off defined in Article 5.5.8.

5.5.7. Compensation for responsibility: in view of the particular level of responsibility incumbent on cabin crew, and unless a specific company agreement organises leave differently, hours worked in excess of 48 hours per week may be compensated by the granting of additional day off up to a maximum of 3 days of compensatory leave per month of effective embarkation".

Management of overtime on board commercial yachts

The commercial yachting sector is highly unusual in terms of working patterns: it is characterised by seasonality (charter/cruise activity peaks between April and September) and irregularity (from one week to the next, activity on board fluctuates greatly).

As a result, the working time arrangements set out in the French Labour Code may not be appropriate for charter/cruise operations:

• employees resident in France :
  • 35 statutory hours per week,
  • beyond that, overtime (with bonus or compensated overtime)
  • legal ceiling for total working time: 72 hours/week
• employees not resident in France :
  • 48 legal hours per week,
  • beyond that, overtime (with or without supplements)
  • legal ceiling on total working time: 208 hours/month

However, the legal framework allows this system to be adapted. As in the transport and maritime services sector, the employer can make use of art. L. 3121-41 of the French Labour Code: "Where a system for organising working time over a reference period longer than a week is put in place, overtime is deducted at the end of this reference period".

However, unlike the maritime transport and services sector, the commercial yachting sector in France is not governed by a collective agreement. Nevertheless, the organisation of working time over a longer reference period, such as annualisation, is possible in yachting via a company collective agreement and is not limited to the existence of a branch agreement (art. L.3121-44, Labour Code).

In the absence of an agreement, art. L. 3121-45 of the French Labour Code sets that the employer may only organise working time for a limited period:

• company with fewer than 50 employees: organisation over a maximum period of 9 weeks;
• company with 50 or more employees: arrangement for a maximum of 4 weeks.

Once the employer has decided to make use of this arrangement of working hours, a number of rules must be observed (art. L. 3121-41 to L. 3121-47, French Labour Code):

• the notice period for employees in the event of a change in working hours or hours of work is set at 7 days unless otherwise stipulated in the agreement;
• the employer’s use of this system does not constitute a change to the maritime employment contract;
• if the reference period is annual, hours worked in excess of 1,607 hours constitute overtime;
• if the reference period being less than 1 year, hours worked in excess of an average weekly working time of 35 hours calculated over the reference period (9 weeks or 4 weeks) constitute overtime;
• where a working time arrangement is put in place over a reference period longer than a week, overtime is deducted at the end of this reference period.
  • Example: the employer of a yacht with 5 salaried crew members arranges working hours from 1 July to 15 August: overtime worked on board (in excess of 35 hours/week for residents in France) will be counted from 16 August.

This system is suited to the fluctuating activity of a commercial yacht in that it smoothes out over several weeks or a year the very high volume of overtime involved in the seasonal increase in activity.

Overtime flat-free system

Art. L. 3121-53 of the French Labour Code states that "working time may be lump-sum in hours or days under the conditions set out in sub-sections 2 and 3 of this section". It goes on to specify that "the lump-sum number of hours may be weekly, monthly or annual" (art. L. 3121-54, Labour Code) and that "the lump-sum number of working hours must be agreed by the employee and set out in a written individual agreement" (art. L. 3121-55, Labour Code). This hourly lump sum may be weekly/monthly (art. L. 3121-56, Labour Code). However, in order for it to be annual (art. L. 3121-58, French Labour Code), "a collective agreement of the company or establishment or, failing that, a branch agreement" must provide for this (art. L. 3121-63, French Labour Code).

"The provisions of article L. 3121-28, of 1° of I, of 2° of II and of III of article L. 3121-33 as well as of articles L. 3121-36 and L. 3121-37 of the French Labour Code are applicable to seafarers. Without prejudice to the provisions of articles L. 3121-63 and L. 3121-64 of the same code, a collective agreement or arrangement may provide for the institution of collective flat-rate remuneration arrangements for overtime work" (art. L. 5544-8, French Transport Code).