It is the purpose of this guide to outline the social security obligations of both employer and employee in respect of yacht crew working onboard Malta registered yachts.
The Malta flag has become one of the most popular European flags for yachts of all sizes and through the Oceanskies office in Malta we register many vessels each year with Transport Malta who are the Maltese vessel registration authority.
All EU national and resident seafarers working on a Malta registered yacht must be registered with Department of Social Security in Malta unless already contributing to another EU social security regime (an exemption will have to be applied for, in writing with supporting evidence of the payment of social security contributions in another member state).
For the majority of crew members the contribution rates are 10% paid by the seafarer and 10% paid by the employer capped in 2022 at 49.97 Euros per week for the seafarer (previously 48.57 Euros) and 49.97 Euros for the employer (previously 48.57 Euros).
Employment of crew through a non EU company (i.e. Guernsey, BVI etc.) does not in any way avoid the responsibility of both the employer and the yacht crew member to make social security contributions in Malta.
Yacht crew members who are employed by a non EU company who are not making social security contributions to the Malta Department of Social Security need to take action and should contact us for further assistance.
The Government of France have enacted legislation designed to ensure that seafarers working on French flagged vessels as well as seafarers residing in France are provided with adequate social security protection in line with MLC 2006.
We have prepared a guide providing further information regarding the legislation that can be found here on our website:
Payment of social security obligations in Malta by both employer and employee for yacht crew established in France is complies both with Article 11.4 of EU Regulation 883/2004 (which deals with social insurance liability with regards EU nationals who are resident in an EU Member State and working on board vessels flying the flag of a Member State) and the new French legislation.
OCL is registered as an employer with the Malta Inland Revenue Department and, as such, is able to register the yacht crew that it employs with the Malta Department of Social Security and arrange for the payment of social security contributions.
Crew members who are registered will be issued with an S1 Certificate (healthcare cover certificate) and A1 Certificate (social security cover).
Fees for employing seafarers through OCL are as follows (per crew member, in EUROS):
1. One off fee:
|Take on of crew member including:
- Checking of qualifications
- Establishment of payroll
- Provision of crew contracts of employment / Seafarers Employment Agreement
2. Recurring monthly fee:
|Employment & Payment of Crew member by Oceanskies crew company including outbound bank charges||80.00|
As a result of the clear framework provided by the Malta social security system we have transferred the registration of a significant number of yachts to the Malta register of ships including a number of yachts that are based in France so that their crew can be enrolled into the Malta social security system as an alternative to the ENIM system implemented by the French authorities.
Today Malta is the largest EU register for both ships and yachts and provides many other benefits as a high quality EU register of yachts and the jurisdiction provides yacht owners with other fiscal advantages.
To sign up to the OCL crew employment and payroll or to request further information about Malta yacht registration please do not hesitate to contact Tom Becker (who is also a fluent French speaker) here at Oceanskies.