seafarer, employee, France, french, rights Home Publications Articles Seafarers Residing in France Seafarers Residing in France Publications Steamship Mutual Published: March 18, 2019 Contact author Download article pdf     Image Until 2011, French domiciled seafarers did not have the right (as did other land-based employees) to claim enhanced compensation from the State when a work-related injury (or worse) was caused by the negligence (faute inexcusable) of the employer, a right that had existed elsewhere for decades. With MLC 2006 however, the French State looked again at the seafarer’s lot in order to ensure compliance with the intentions of the MLC. One of the results of this was the introduction of the laws of 9 March and 30 December 2017, and the consequent modification to Article L.5551-1 of the Transport Code. The 9 March 2017 law stated that seafarers residing in France (and working on foreign flagged vessels) were obliged to be affiliated to the French social welfare regime (ENIM). However, a second law quickly followed relaxing the position, so that the law of 30 December of the same year clarified that affiliation was not obligatory, provided the ship owner proposed social welfare benefits (public or private) of at least an equivalent level to those provided by French social security (Article L.111-1 of the Social Security Code). Article L.5551.1 criteria: Residence is stable and regular – a stay of at least 6 months within French territory. Residence can be proven by such things as a tenancy agreement or utility contracts (telephone, electricity, gas etc.). For those without a residence but nonetheless working (and living) on board vessels, then the 6 months is satisfied by a presence in French territorial or internal waters – such presence being calculated over a 12 month rolling period (in other words the 6 month period does not have to be continual). The seafarer must be working on a foreign-flagged (non EU /EEA) vessel. Will not relate to