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Exceptions to the flag principle

1.1. On the basis of international decrees and treaties

A. For the EU, including Norway, Liechtenstein, Iceland and Switzerland

Basis: EEC Regulation 1408/71 art. 14ter, 17EC Decree 883/04 art. 11, 16

Seafarers employed on a sea-going ship that sails under the flag of an EU Member State, including Norway, Liechtenstein, Iceland and Switzerland, who reside in Belgium and are paid by a company or person registered or domiciled in Belgium, are subject to the Belgian social security system. The determination of the applicable legislation is documented using form A1.

Seafarers who are subject to Belgian social security, and those who are seconded to a ship sailing under the flag of a Member State of the EU, remain subject to the Belgian social security regime. The secondment can last for a maximum of 24 months and the seconded seafarer must have an A1 form which indicates the applicable legislation.

Seafarers who are seconded to a ship flying the flag of Norway, Liechtenstein, Iceland and Switzerland can be seconded for one year (verifiable with form A1). This period can be extended by one year.

For secondments lasting longer than 24 months, the competent authorities of two or more Member States are required to conclude an agreement.

Online service

Apply for a secondment/A1 form via Working abroad.

B. For other states with which Belgium has concluded bilateral agreements

Belgium has concluded bilateral agreements regarding social security, covering the applicable legislation, with various states.

  • For agreements with Bosnia, Chile, Morocco, Turkey, Uruguay and the United States, the flag is decisive for the applicable social security regime.
  • For agreements with Australia, Philippines, India and Macedonia, the residence of the employee is decisive for the applicable social security regime.
  • For agreements with Canada, Quebec, Japan and South Korea, the registered location of the employer is decisive for the applicable social security regime.

These agreements usually also cover the options for seconding employees.

You will find further information on the content of the bilateral agreements at www.socialsecurity.be

1.2. On the basis of Belgian legislation

Basis: Civil Code 07/02/1945, art. 2bis, b

Seafarers who are bound by an employment contract to a natural or legal person who employs seafarers for profit through a Belgian shipowner on board ships flying a foreign flag (i.e. non-EU Member States, Norway, Liechtenstein, Iceland and Switzerland or another country with which Belgium has concluded a social security agreement) are subject to compulsory social security in Belgium under the following conditions:

  • The employment is arranged by a Belgian shipping company that fulfils its social security obligations to the NSSO.
  • The Belgian mediating shipping company submits an application for compulsory insurance of these ships to the NSSO's management committee for seafarers.
  • The seafarers recruited are required to be registered in the Pool List as defined in article 1bis, 1° of the Legislative Order of 7 February 1945. The seafarers may not be subject to a foreign social security regime, in this case of the flag state.
  • The NSSO's Administrative Committee for Seafarers decides on the application. This compulsory insurance can be authorised for a maximum of one year. However, the period may be extended annually.

The Belgian mediating shipowner is regarded as the shipowner for the payment of social security contributions to the NSSO.