Social security of seafarers seamen boarded on RIF ships

The RIF’s Office has drawn up a table summarising the social protection affiliation rules for seafarers seamen embarking on a vessel registered with the RIF:

To understand who are the seafarers seamen according the French administrative categorisation, please read the article focused on this issue.

I. Social protection for seafarers seamen residing in a State from EU, EEA or Swiss: the principle of social protection by the Flag State

European Union Law

In force since the 1st of May 2010 ¹, the European regulation -so-called basis regulation- CE/883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of the social security systems as wel as the so-called implementing regulation CE/987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the detailed rules for the application of Regulation CE/883/2004.

These regulations are applicable in the 27 EU Member States. They repealed EEC/1408/71 Regulation n°574/72 which remains in force in the three member States of the European Economic Area (EEA - Iceland, Liechtenstein, Norway) and the Swiss Confederation.

It is also necessary to take into account the provisions of Art. 1 of Regulation EU/1231/2010 of the European Parliament and of the Council of 24 November 2010 aimed at extending Regulation EC/883/2004 and Regulation EC/987/2009 to third-country nationals who are not already covered by these regulations solely on the basis of their nationality.

The impacts of this regulation are important, since it implies that a seafarer seaman:

• legally resident (mandatory prerequisite) in an EU member State (excluding Denmark), the EEA or Switzerland;
• with elements of his/her situation related to more than one Member State,
  benefits from the coordination regime of social security systems.

This means: the affiliation principle is applied to the seafarer seaman for the social security system of the flag State.

The European Union law implies a principle of unity for the applicable rule. In other words, no one can be subject to the legislation of two Member States or, of no Member State (Article 11-1 of Regulation EC/883/2004).

French law (declination of the European law)

Article L. 5631-2, French Transport Code: « Seafarers who are nationals of a member State of the European Union (EU), of a State party to the agreement on the European Economic Area (EEA) […] benefit from social security coverage under the conditions provided for by the European regulations on the coordination of social security systems or by the bilateral convention applicable to them. »

Reminder: With the European coordination, the social protection system applicable to seamen is the system of the flag State.

Example of a French seafarer seaman residing in Sweden, employed by a Canadian manning agency, working on board a ship registered under the RIF. The social security system is the system of the flag, in this case the ENIM since the French seafarer seaman works on board a ship registered under the RIF.

Example of an Indian seaman residing in Finland, whose employer is located in the United States and works on board on a ship registered under the RIF. The social security system is the system of the flag, in this case the ENIM since the Indian seafarer seaman works on board a ship registered with the RIF.

II. Derogations from the principle of social protection by the flag State

The European Union law provides for a derogation to the principle of seamen affiliation to the social protection system of the flag State.

1st derogation case: when the seaman and the employer are both located in the same Member State of the EU, the EEA or in Switzerland

Examples:

• An Italian seafarer seaman residing in Switzerland and employed by a Swiss manning agency. The social security system is the Swiss system, given that the seafarer seaman and the employer are located in the same State under the scope of the European coordination of social security systems;
• A Japanese seafarer seaman residing in Finland and whose employer is located in Finland. The social security system is the Finnish system, given that the seaman and the employer are located in the same State under the scope of the European coordination of social security systems.

2nd derogation case: a seaman on secondment

In case of secondment, the seafarer seaman usually working on a ship flagged by a EU/EEA/Swiss Member State, on behalf of an employer performing activities there, who is seconded by this employer to work, on behalf of this employer, on board a ship registered with the RIF. In this case, the seafarer seaman remains under the social protection system of the State of which he/she is a national for a maximum period of 24 months.

The seafarer seaman shall hold the European form A1 which certifies that the affiliation is retained to the social protection system of his/her State of citizenship.

• Example of a Romanian seafarer seaman residing in France during a secondment organized by a manning agency located in Romania. The social security system can be retained as that of Romania but for a period not exceeding 24 months. Beyond the 24 months, it is the flag State social security system that will be applied, in this case the French ENIM regime.

III. Social protection determined by bilateral social security agreement

Art. L. 5631-2, French Transport Code: seafarers seamen who are nationals of a State bound to France by a bilateral social security agreement benefit from social security under the conditions provided for by the bilateral convention that apply to them.

This legal provision applies exclusively to manning agencies located in one or the other of the States parties to the Agreement and has legal effect only with regard to seafarers seamen holding the nationality of one of the two States parties (this includes refugees and stateless persons).

Example: a French seafarer seaman living in the Philippines and employed by a Japanese manning agency. The social security system is the system as provided for by the bilateral social security agreement concluded between France and the Philippines.

As of today, there are 41 bilateral social security agreements signed by France and a third Country in force:

IV. Seafarers seamen not resident in France, not nationals of an EU/EEA State/Swiss, nor nationals of a State linked to France by a bilateral social security agreement

Seafarers seamen on board ships registered under the RIF, non-residents in France and not covered by the European law or by a bilateral social security agreement with France, are subject to the law chosen by the parties (art. L. 5631-3, Transport code) with the minimum social protection as set by the International Labour Organization (ILO).

This minimum standard is set in article L. 5631-4 of the French Transport Code, on the social protection of seafarers on board ships registered with the RIF.

« For the application of articles L. 5631-1 and L. 5631-3, social protection means:

• 1° The full coverage of medical expenses, hospitalization and repatriation in case of illness or accident occurring during service onboard the ship, to which is added:
  • a) in case of illness, the compensation of the basic wage within the limit of one hundred and twenty days;
  • b) in the event of accident, compensation of the basic wage until recovery or until a medical decision on a permanent disability is taken;
• 2° payment of compensation in the event of death following an illness or an accident that occurred during service on the ship:
  • a) to the employee’s spouse or, failing that, to the beneficiaries;
  • b) to each dependent child, under the age of twenty-one, within the limit of three children;
• 3° care coverage for maternity of the employee for the corresponding medical and hospitalization expenses and compensation of her basic wage for a period of two months;
• 4° the payment of a life annuity or an indemnity proportional to this incapacity defined in the employment contract, in the event of permanent incapacity following an illness or accident that occurred during service on the ship;
• 5° allocation of an old-age pension whose level is not lower, for each year of service at sea, than a percentage of the gross remuneration received each year by the employee differs according to the age at which the end of the activity occurs. »