Update on French Social Security Implementation

Following a week of industry rumours, the latest update on the implementation rules for affiliation with ENIM for French Social Security was officially announced by Ince & Co on Friday 4th May.

In summary, the following clarifications have been confirmed:

Residency ruling

The following criteria now determine the length of residency in a “stable and regular manner” in France:

• The seafarer’s household is in France; OR
• The seafarer is based on a yacht that spends an aggregate period of at least 6 months (over a 12 month period) in French territorial waters (the 6 month period does NOT need to be continuous).

Further clarification is being sought by Ince & Co on how ENIM will treat a seafarer who signs a further employment contract, following a previous expired contract, with the same employer.

Shipyard periods

It has been confirmed that seafarers on board a foreign-flagged yacht, located in a shipyard or during periods for which the yacht is immobilised due to refit/repair or other works, are exempt from affiliation with ENIM for the period in which the yacht is undergoing such works, providing such seafarers do not have a household in France. If they have a household in France, then they are still required to affiliate with ENIM.

Whilst the situation is clear for yachts undergoing shipyard periods, further clarification is being sought by Ince & Co on the exact meaning of “immobilisation”; for example, if the yacht is laid up in a marina but unable to be put to sea. Similar confirmation is being sought on the definition of “works”.

Equivalent coverage under a private scheme

Further clarification was sought on the subject of a private scheme to provide “equivalent” coverage to that afforded under article L.111-1 of the French Social Security Code. ENIM confirmed that the following branches of the Code must be included:

• Medical care
• Sickness benefit
• Old-age benefit
• Employment injury benefit
• Family benefit
• Maternity benefit
• Invalidity benefit
• Survivor benefit

For clarity, unemployment benefit is NOT compulsory.

ENIM have also confirmed that the private scheme coverage levels for each of the above Code branches will NOT be monitored.

It was also confirmed that the costs of private insurance can be borne by the seafarer, subject of course to any obligations relating to the payment of premiums for certain coverage, such as medical treatment, not being in breach of MLC requirements.

For further information, please contact us at info@levanto-crew.com