Social security of workers residing outside the EU/EEA/Switzerland/United-Kingdom
Summary of social security affiliation rules for employees on board vessels flying the French flag in the RIF who reside outside the EU, the EEA, Switzerland or the United Kingdom
For workers who reside outside the EU, the EEA, Switzerland or the United Kingdom, and who sail under the French flag with the RIF, the rules for social security affiliation are special:
The worker resides in a State or region that has signed a bilateral social security agreement with the French Government | Affiliation with the social security scheme determined by the bilateral agreement | |
The worker does not reside in a country or region that has signed a bilateral social security agreement with the French government | Affiliation to the the social security scheme chosen by the Parties (worker and employer), subject to cover for 7 of the 9 branches of social risk |
Social protection determined by bilateral social security agreements
Employees who are nationals of a State or region linked to the French Government by a bilateral social security agreement benefit from social security under the conditions set out in the bilateral agreement applicable to them (art. L. 5631-2, French Transport Code).
This legal provision applies exclusively to shipping companies located in one or other of the States party to the agreement and has legal scope only with regard to workers holding the nationality of one of the two States party (this includes refugees and stateless persons).
Example: French worker residing in the Philippines and employed by a manning agency located in Japan. The social security system is that provided for in the bilateral social security agreement between France and the Philippines.
To date, 37 bilateral social security agreements signed by France and foreign States/regions and French overseas collectivities are in force:
- Algeria
- Andorra
- Argentina
- Benin
- Bosnia-Herzegovina
- Brazil
- Cameroon
- Canada
- Cape Verde
- Chili
- Congo
- French Polynesia
- Gabon
- Guernesey
- India
- Israel
- Ivory Coast
- Japan
- Jersey
- Kosovo
- Madagascar
- Mali
- Mauritania
- Mayotte
- Monaco
- Montenegro
- Morocco
- Niger
- New-Caledonia
- North Macedonia
- Philippines
- Quebec
- Saint Pierre et Miquelon
- San Marino
- Senegal
- Serbia
- South Korea
- Togo
- Tunisia
- Türkey
- United States of America
- Uruguay
Workers who are not residents in the EU/EEA/Switzerland/United Kingdom, or nationals of a State linked to France by a bilateral social security agreement
Workers on board vessels registered with the RIF who are not resident in France and who are not covered by European Union law or a bilateral social security agreement with France are subject to the law chosen by the parties (art. L. 5631-3, Transport Code) with a minimum standard set at covering 7 of the 9 branches of social risks identified by the MLC (article L.5631-4 of the Transport Code):
- medical care
- sickness benefit
- old-age benefits
- employment injury benefits
- maternity benefits
- Invalidity benefit
- survivors’ benefits
Example: French employee residing in Panama and employed by a manning agency located in India. The social security system is that of the law chosen by the parties. It must meet the minimum standards imposed by article L. 5631-4 of the French Transport Code.