[France] New law establishes £9.96 ferry operator minimum wage

Under a new law being introduced by the French government, cross-English Channel ferry operators will be obliged to pay workers a minimum wage of at least £9.96 an hour, Personnel Today reports.

Operators such as P&O have taken advantage of legal loopholes in the maritime sector to pay workers on foreign-registered ships below the minimum wage. According to recent reporting, wage slips reveal this can be as little as £4.75 an hour.

But on March 19, Herve Berville - the French maritime minister - reportedly signed a decree enacting the “Against Social-Dumping On The English Channel” (Proposition de loi visant à lutter contre le dumping social sur le transmanche) law. 

“Social dumping” refers to the practice of replacing existing staff with overseas workers for poorer pay and conditions.

Speaking to ITV News, Mr Berville said, “We were really shocked by what happened in March 2022. We couldn’t accept that a company can sack 800 seafarers like this. So we needed to do something.

“Not only react but to show that politics show that government has to act to protect citizens and seafarers.”

The UK government has received strong criticism from unions for doing “nothing” about P&O Ferries’ treatment of workers, despite it condemning P&O’s actions following the sacking of 800 workers and their replacement by international agency workers on significantly reduced wages in March 2022.

The UK government’s main response to the sackings will come into force in June with the introduction of the UK’s Seafarers’ Wages Act which seeks to ensure ferry workers are paid the UK minimum wage in UK waters regardless of the flag the ship sails under.

Unions, however, reportedly fear that the new law will not be properly enforced since the onus will be on ports to request a declaration of wages paid by each ship and impose surcharges or prevent harbour access where pay falls short. In addition, French ports will be expected to bar vessels and enact fines under the country’s new law.

The Act stipulates that the surcharge imposed by ports should not be less expensive to pay than to pay seafarers a fair wage. It does not specifically address shift length and rest periods. These are covered by the Seafarers’ Charter and the provisions are voluntary.

The new French law will tackle the length of shifts some P&O Ferries workers must work. Crews work seven days a week for up to 17 weeks at a time without a break.

Mr Berville reportedly said these shifts were “dangerous” and “not moral”.

The new law sets a 14 consecutive day maximum on shift for crews working on ships that dock at French ports.

“Can you imagine working for two months without a single day of rest?” Mr Berville said. “How can you, after two months, be in full command of what you’re doing?”

He added that the law would apply to all operators serving cross-Channel routes, such as Dover to Calais and Poole to Cherbourg and that the highest minimum wage would apply.

The new law - passed unanimously by the Assemblée Nationale - gives ferry operators three months to comply. They will face sanctions if they fail to do so.

Persistent breaches will reportedly result in a fine for the ferry company of up to €7,500 (£6,382) for each crew member involved together with a fine and a possible prison sentence of up to six months for executives.

P&O Ferries and Irish Ferries - another operator paying less than the national minimum wages of the UK and France - have not yet fully responded to the new French law but Brittany Ferries welcomed the legislation after its 2023 introduction in the French legislature.

At the time, Christophe Mathieu - CEO of Brittany Ferries - said, “Lawmakers have taken a stand on both sides of the Channel to prevent the proliferation of the low-wage model on ferry routes and Brittany Ferries stands shoulder-to-shoulder with them.”

Paul Nowak - TUC general secretary - reportedly said the French government had led the way on the issue, leaving the UK in its wake.

“It’s a national embarrassment that the French government is acting to close legal pay and hours loopholes exploited by P&O Ferries while the UK government still dithers,” he said.

“Two years ago, when P&O Ferries unlawfully sacked 800 seafarers without notice or consultation, Conservative ministers said they would change the law to make sure this is never allowed to happen again.

“But the feeble reforms ministers have brought in so far won’t stop another P&O Ferries-type scandal.

“We need a new deal for workers – like Labour is proposing – to make our labour laws fit for the 21st century and give all workers the protection they need.”

Source: Personnel Today

(Links and quotes via original reporting)

Under a new law being introduced by the French government, cross-English Channel ferry operators will be obliged to pay workers a minimum wage of at least £9.96 an hour, Personnel Today reports.

Operators such as P&O have taken advantage of legal loopholes in the maritime sector to pay workers on foreign-registered ships below the minimum wage. According to recent reporting, wage slips reveal this can be as little as £4.75 an hour.

But on March 19, Herve Berville - the French maritime minister - reportedly signed a decree enacting the “Against Social-Dumping On The English Channel” (Proposition de loi visant à lutter contre le dumping social sur le transmanche) law. 

“Social dumping” refers to the practice of replacing existing staff with overseas workers for poorer pay and conditions.

Speaking to ITV News, Mr Berville said, “We were really shocked by what happened in March 2022. We couldn’t accept that a company can sack 800 seafarers like this. So we needed to do something.

“Not only react but to show that politics show that government has to act to protect citizens and seafarers.”

The UK government has received strong criticism from unions for doing “nothing” about P&O Ferries’ treatment of workers, despite it condemning P&O’s actions following the sacking of 800 workers and their replacement by international agency workers on significantly reduced wages in March 2022.

The UK government’s main response to the sackings will come into force in June with the introduction of the UK’s Seafarers’ Wages Act which seeks to ensure ferry workers are paid the UK minimum wage in UK waters regardless of the flag the ship sails under.

Unions, however, reportedly fear that the new law will not be properly enforced since the onus will be on ports to request a declaration of wages paid by each ship and impose surcharges or prevent harbour access where pay falls short. In addition, French ports will be expected to bar vessels and enact fines under the country’s new law.

The Act stipulates that the surcharge imposed by ports should not be less expensive to pay than to pay seafarers a fair wage. It does not specifically address shift length and rest periods. These are covered by the Seafarers’ Charter and the provisions are voluntary.

The new French law will tackle the length of shifts some P&O Ferries workers must work. Crews work seven days a week for up to 17 weeks at a time without a break.

Mr Berville reportedly said these shifts were “dangerous” and “not moral”.

The new law sets a 14 consecutive day maximum on shift for crews working on ships that dock at French ports.

“Can you imagine working for two months without a single day of rest?” Mr Berville said. “How can you, after two months, be in full command of what you’re doing?”

He added that the law would apply to all operators serving cross-Channel routes, such as Dover to Calais and Poole to Cherbourg and that the highest minimum wage would apply.

The new law - passed unanimously by the Assemblée Nationale - gives ferry operators three months to comply. They will face sanctions if they fail to do so.

Persistent breaches will reportedly result in a fine for the ferry company of up to €7,500 (£6,382) for each crew member involved together with a fine and a possible prison sentence of up to six months for executives.

P&O Ferries and Irish Ferries - another operator paying less than the national minimum wages of the UK and France - have not yet fully responded to the new French law but Brittany Ferries welcomed the legislation after its 2023 introduction in the French legislature.

At the time, Christophe Mathieu - CEO of Brittany Ferries - said, “Lawmakers have taken a stand on both sides of the Channel to prevent the proliferation of the low-wage model on ferry routes and Brittany Ferries stands shoulder-to-shoulder with them.”

Paul Nowak - TUC general secretary - reportedly said the French government had led the way on the issue, leaving the UK in its wake.

“It’s a national embarrassment that the French government is acting to close legal pay and hours loopholes exploited by P&O Ferries while the UK government still dithers,” he said.

“Two years ago, when P&O Ferries unlawfully sacked 800 seafarers without notice or consultation, Conservative ministers said they would change the law to make sure this is never allowed to happen again.

“But the feeble reforms ministers have brought in so far won’t stop another P&O Ferries-type scandal.

“We need a new deal for workers – like Labour is proposing – to make our labour laws fit for the 21st century and give all workers the protection they need.”

Source: Personnel Today

(Links and quotes via original reporting)