What happens if a company defaults?

Pursuant to Article R6527-29 of the French Transport Code, service periods are only considered if the contributions provided for under Articles D6527-12 to D6527-20 of the French Transport Code have been paid for the salaries paid to crew members.

Up until 2020 periods, the crediting of all work periods and salaries are subject to the payment of all contributions owed.

When the employer has not paid all contributions, work periods (number of days) are credited in full to the crew member’s career and salaries are credited in proportion to deductions, whether employee contributions have been paid or not.

Crew members may buy back the portion of the salary not considered.

Pursuant to CRPN Board Decision no. 2020-29, service periods carried out as from 1st March 1999 for which employer and employee contributions have not been paid in full may only be corrected under the following conditions:

  • to the extent of Retirement Fund deductions, whether these have been paid to the CRPN or not, provided that the employer has declared the crew member or that the payslips indicating the deductions are produced,
  • in full, at any time, when all employer and employee contributions have been paid by the employer, the court-appointed administrator or yourself (if the employer no longer exists or the latter is the subject of insolvency proceedings).

No corrections may be made for periods during which it is found that the crew member’s CRPN membership circumstances, their employment declaration, contribution calculations or payments are a result of their will or their acceptance of a non-compliant situation which they were aware of.

As from 2021, when contributions have not been paid in full or in part, service periods will be credited annually based on the salaries declared by employers or, failing such, based on the proof supplied by the member of the deduction of employee contributions owed on their salary.