Private seafarers recruitment and placement services (SPRPGM).

Private seafarers recruitment and placement services (SPRPGM) definition

Private seafarers recruitment and placement services (SPRPGM) carry out one or more of the following activities (art. L. 5546-1-1, French Transport Code :

• 1) provision of seafarers by maritime labour companies, which hire and pay them for this purpose;
• 2) provision of seafarers by temporary employment agencies governed by article L. 1251-2 of the French Labour Code ;
• 3) placement of seafarers governed by article L. 5321-1 of the French Labour Code.

Any person (other than the Temporary Employment companies referred to in article L. 1251-2 of the French Labour Code) whose business is to provide salaried seafarers to a shipowner or private individual who owns or leases a vessel, in particular one registered under the French flag in the RIF (I, 1°, art. L. 5546-1-6, French Transport Code) is a Maritime Employment company ("entreprise de travail maritime" in French).

Special Provisions for Temporary Employment Agencies

In accordance with Article R.5546-2-16, the end date of the assignment specified in the temporary staffing contract or set by an amendment thereto may be moved up or postponed, taking into account the original end date and any stopovers required to ensure the disembarkation, transportation, or repatriation of seafarers, at a rate of one day for every five days of work. For assignments of fewer than ten working days, this term may be brought forward or postponed by two days.

Any adjustment to the end date of the assignment may not result in a reduction of the initially planned duration of the assignment by more than ten working days, nor may it result in the maximum duration of the assignment contract—as set forth in Article L. 1251-12-1 of the Labor Code—being exceeded.

Types of seafarers employment agreements signed with SPRPGM

MLC and French law require a direct link between the SPRPGM and the shipowner to whom the seafarers are seconded.

The provision of seafarers by a SPRPGM carrying out an Maritime Employment company activity is subject to the following agreements (II, art. L. 5546-1-6, French Transport Code):

• one or more provision contracts concluded between the SPRPGM and the user company (the compulsory details of which are below);
• a seafarer employment agreement between the seafarer and the Maritime Employment company.

The provision contract can only be signed with a Maritime Labour company approved by the Governement of the State where it is located (II, art. L. 5546-1-1, code des transports).

When a shipowner or shipmanager uses a SPRPGM located in a State which didn’t signed the Maritime and Labour Convention (MLC, 2006), it’s responsibility is to certifuy that this SPRPGM complies with international conventions on recruitment and placement of seafarers (art. L. 5533-3, French Transport Code).

Provision agreement compulsory details

The provision agreement between the employer and the SPRPGM carrying out a Maritime Labour company activity, shall be drawn up in writing. It sets out the general conditions of employment (art. L. 5542-3, French Transport Code). Thus, it mentions:
- mandatory provisions defined by the French Labour Code;
- mandatory provisions specific to the maritime employment:

• mandatory clauses defined by the French Labour Code;
• mandatory clauses specific to maritime employment.
  • 1° the seafarer’s surname and forenames, date and place of birth, identification number;
  • 2° the place and date of conclusion of the agreement;
  • 3° the full name or business name and address of the shipowner and, where applicable, of the employer;
  • 4° the duties performed;
  • 5° the amount of the wages and accessories ;
  • 6° holiday entitlements or the formula used to calculate them;
  • 7° the health protection and social security benefits to be provided to the seafarer by the shipowner;
  • 8° the seafarer’s right to repatriation;
  • 9° the reference to the applicable collective agreements;
  • 10° the term of the contract if it is concluded for a fixed term.

A copy of the agreement is kept on board the ship, except for the provisions relating to the commercial aspects of this contract.

In accordance with Article R.5546-2-12, the SPRPGM requires seafarers placed through its services to confirm, no later than seventy-two hours after their arrival on board the vessel on which they have been placed, whether they have been embarked and whether the position they hold on board corresponds to that specified in their seafarer’s employment contract.

Throughout the period of employment, the shipowner is responsible for the working and living conditions on board.

Right to File a Complaint for Seafarers Placed or Assigned Through the SPRPGM

To implement the right to file a complaint provided for in Article L. 5546-1-4 of the Transport Code, the SPRPGM establishes the means enabling seafarers placed or assigned through it to contact it at any time. (Art. R.5546-2-11-1, Transport Code)

The SPRPGM has one month to respond to any complaint. This period is reduced to forty-eight hours in cases of emergency.

Compulsory registration in the national register of SPRPGMs established in France

SPRPGMs established in France are required to register with the national SPRPGM register. The purpose of this register is to provide information to seafarers and shipowners, and to facilitate cooperation between flag states and port states.

Since 1 January 2022, applications for entry in the register, changes to information on the register and renewals of entries have been electronic and can be made exclusively on the website démarches-simplifiées.fr.

The RIF’s Office is responsible for processing requests made by SPRPGMs located in non-coastal departments.

For SPRPGMs located in coastal departments, the territorial maritime services are responsible.

New insurance obligation for SPRPGMs

Any SPRPGM established in France must take out insurance to cover the financial losses of a seafarer resulting from non-compliance:

• by the SPRPGM carrying out the activity of placement (within the meaning of article L. 5321-1, French Labour Code), of its obligations (art. L. 5546-1-3 of the French Transport Code), namely:
  • ensure that the seafarer provided or placed has valid professional qualifications and is medically fit;
  • to allow the seafarer sufficient time to familiarise himself with the contract, to seek advice before signing it, and to give him a copy before he embarks (art. L. 5542-5 of the Transport Code).
• The SPRPGM providing seafarers must inform the seafarer of its obligations as an employer of seafarers.

The main obligations of an employer of seafarers are:

• payment of wages;
• payment of social security contributions payable by the employer;
• payment of repatriation costs.

For this reason, the Order of 2 July 2021 setting the maximum limit of insurance cover for SPRPGMs sets that the maximum limit of this civil liability insurance cover may not be less than:

• 5,000 € for cover of repatriation costs per claim and per seafarer;
• 10,000 € to cover other pecuniary losses per claim and per seafarer (mainly wage claims).

In addition, pursuant to 2° of Article 2 of the Order of 16 January 2018 on SPRPGMs, the details of the insurance certificate to be produced at the time of registration in the national register and for each renewal of this registration are as follows:

• the activity covered, the placement of seafarers and/or the provision of seafarers;
• the limit of civil liability insurance, which may not be less than that set by the aforementioned Order of 2 July 2021;
• the start and end dates of the certificate’s validity.

Effective September 1, 2026, SPRPGMs must provide each seafarer, prior to their placement or assignment, in paper or electronic format (Art. R.5546-2-7, Transport Code):

• A copy of Article L. 5546-1-5 of the Transport Code;
• The contact information for the insurer referred to in Article L. 5546-1-5 of the Transport Code.

To consult the national register of French SPRPGM

The national register of French SPRPGM can be accessed on PROMETE.

To find out about the legal framework applicable, please consult the dedicated page on the website of the State Ministry for the Sea.

The obligation to declare the use of SPRPGMs established outside France

Any owner of a vessel flying the French flag in the RIF who uses a SPRPGM established outside France must make a declaration to the RIF office (III., art. L. 5546-1-1, Transport Code).

This declaration must be made on the "Shipowner Portal" ("Portail de l’armateur").