Social security of workers residing in EU/EEA/Switzerland/United-Kingdom
Summary of social security affiliation rules for workers on board vessels flying the French flag under the RIF who are resident in the EU, EEA, Switzerland or the United Kingdom
The RIF Office has drawn up a flowchart and a table summarising the rules governing social security cover for workers on board vessels flying the French flag in the RIF who are resident in the EU, EEA, Switzerland or the UK:
General case: social security is determined by the worker’s place of residence and the employer’s location
The system of European coordination of social security schemes makes it possible to determine the applicable social security scheme on the basis of the employee’s place of residence and the location of the employer. The employee’s nationality is irrelevant.
What are the legal references?
- since 1st May 2010, art. 11 § 4 of the European regulation - known as the basic regulation - EC/883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems as well as implementing regulation - known as EC/987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing regulation EC/883/2004 are applicable in the 27 EU Member States;
- the repealed former EEC/1408/71 Regulation No 574/72 remains in force in the 3 Member States of the European Economic Area (EEA - Iceland, Liechtenstein, Norway) and the Swiss Confederation;
- art. 1 of Regulation EU/1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation EC/883/2004 and Regulation EC/987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality means that a worker who is legally resident (compulsory precondition) in a Member State of the EU (excluding Denmark), the EEA or Switzerland, and whose circumstances are not all confined to the same Member State, benefits from the system for coordinating social security schemes;
- Articles 30 and 31 of the agreement of 12/11/2019 on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2019/C 3841/01) stipulate that the system for coordinating social security schemes applicable between EU/EEA/Swiss Member States remains applicable in the United Kingdom after Brexit. This means that employees who sail under the French flag and are resident in the UK are covered by the social security coordination rules as set out by the European Union.
In application of these rules, a worker who resides in the EU, the EEA, Switzerland or the United Kingdom must be affiliated to the social security scheme of the flag of the ship on which he is embarked, if the employer is located in a State other than that of the employee’s State of residence.
Example: French employee residing in Sweden and employed by a manning agency located in Canada. The social security scheme is that of the French flag, in this case either Enim (the worker is a seafarer who is seaman) or the general scheme (the worker is a seafarer who is not seaman or is non-seafarer).
Special case no. 1: employees covered by French social security as a result of European coordination are affiliated either to Enim or to the general scheme.
If, in application of the European system for coordinating social security schemes (Article 11(4) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems), the employee must be affiliated to the French social security system, the applicable social security system must be determined on the basis of the worker’s professional status under French law.
Professional status of the worker under the French law | Social security in France | |
Seafarer who is seaman | Enim (art. L. 5551-1 and art. L. 5631-2, French Transport Code) | |
Seafarer who is not seaman | General regime of the social security (art. L. 5631-2, French Transport Code and art. L. 311-2, French Social Security Code) | |
Non-seafarer | General regime of the Social security (art. L. 311-2, French Social Security Code) |
To undertsand the difference between a seafarer who is seaman, a seafarer who is not seaman and a non-seafarer, click here.
Since, on the basis of the application of the European system for the coordination of social security schemes, a worker must be affiliated to the French social security system, it is necessary to determine whether or not he/she is affiliated to the Enim regime.
In accordance with art. L. 5551-1 of the French Transport Code, workers who have the status of seafarers within the meaning of art. L. 5511-1 of the Transport Code, are compulsorily affiliated to the Enim regime.
Find all the information about the Enim regime on the seamen social regime website.
Special case 2: social security for workers based in the same country (EU/EEA/Switzerland/United Kingdom) as the employer
Under the European system for coordinating social security schemes (Article 11 § 4 of Regulation (EC) No 883/2004 of the European Parliament and of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems), when an employee resides in the same country as his employer, he keeps his local social security (and is therefore not affiliated in France).
Example: an Italian worker living in Switzerland and employed by a manning agency located in Switzerland. The social security system is that of Switzerland, given that the worker and employer are located in the same State covered by the European coordination system for social security schemes.
Special case 3: the social security of posted workers
Is a posted worker a worker who is normally embarked on a vessel flying the flag of an EU/EEA/Swiss Member State, on behalf of an employer carrying out his activities there, and who is seconded by this employer to carry out work on behalf of this employer on board a vessel registered under the French flag with the RIF. In this case, the worker remains covered by the social protection scheme of the State of which he or she is a national for a maximum period of 24 months (art. 12 of Regulation EC/883/2004 of the EP and of the EU of 29 April 2004 on the coordination of social security systems).
The worker must be in possession of the European form A1 which certifies that he/she continues to be affiliated to the social protection system of the State from where h/she comes from.
Example: a Romanian worker residing in France on secondment from a manning agency based in Romania. The social security system may remain that of Romania, but for a period not exceeding 24 months. After 24 months, the social security scheme of the flag State will be applied (either Enim, if the worker is a seafarer who is seaman) or the general scheme (if the worker is a seafarer who is not seaman or is non-seafarer).