Employment law in Mayotte (France)
Employment law in Mayotte follows the legal framework of French labor law, but there are specific provisions and adjustments due to Mayotte's status as an overseas department of France. The Labor Code of France (Code du Travail) applies in Mayotte, but local laws may modify certain aspects of the French labor system to account for regional economic, social, and cultural conditions.
Below is an overview of key aspects of employment law in Mayotte:
1. Employment Contracts
Written and Oral Contracts: Employment contracts in Mayotte can be written or oral, although a written contract is highly recommended for clarity and to avoid potential disputes. Written contracts are especially necessary for fixed-term contracts.
Types of Contracts:
Indefinite-Term Contracts (CDI): These contracts have no predetermined end date and are the most common form of employment contract in Mayotte.
Fixed-Term Contracts (CDD): These contracts are for a specific duration or for a specific project. They must be written and clearly outline the length of employment and the reasons for the temporary contract.
Temporary Contracts (Intérim): For short-term employment through staffing agencies, employees work temporarily but are hired and paid by the staffing agency.
2. Wages and Salary
Minimum Wage: As part of France, Mayotte follows the French minimum wage regulations, which are adjusted annually. The Smic (Salaire Minimum Interprofessionnel de Croissance) is the legal minimum wage in Mayotte.
As of 2025, the minimum wage is approximately €1,747.20 per month for full-time employees (35 hours/week).
Payment of Wages: Wages are usually paid monthly via bank transfer, but payment can also be made through cash or checks, depending on the employer-employee agreement. Employees must receive a pay slip detailing wages, deductions, and benefits.
3. Working Hours and Overtime
Standard Working Hours: In Mayotte, the standard workweek is typically 35 hours, as in mainland France. This means employees are expected to work 7 hours per day, 5 days a week.
Overtime: Overtime work is generally compensated at a higher rate:
1.25 times the regular rate for the first 8 hours of overtime.
1.5 times the regular rate for work beyond those hours or on weekends and holidays.
Rest Periods: Employees are entitled to at least 30 minutes of rest for every 6 hours of work.
4. Annual Leave and Public Holidays
Annual Leave: Employees in Mayotte are entitled to a minimum of 5 weeks (30 days) of paid annual leave after one year of service. This is in line with the labor laws in mainland France.
Public Holidays: Mayotte observes both French national public holidays and local holidays. Some of the key holidays include:
New Year's Day (January 1)
Labour Day (May 1)
Bastille Day (July 14)
Assumption Day (August 15)
Christmas Day (December 25)
Commemoration of Abolition of Slavery (May 22) – a local holiday in Mayotte.
Employees are generally entitled to paid leave on these public holidays. If an employee works on a public holiday, they are typically entitled to higher pay, usually double the regular rate.
5. Sick Leave
Sick Leave: Employees are entitled to paid sick leave in Mayotte if they provide a medical certificate. For short-term illness, employees may receive compensation from social security for a portion of their salary, typically 50% of their daily wage after a waiting period.
Long-Term Illness: Employees who are sick for extended periods may be eligible for further benefits, including disability benefits or assistance through social security.
Employer Contribution: Employers are required to maintain employee health insurance contributions and ensure that employees can access social security benefits in the event of illness.
6. Maternity and Paternity Leave
Maternity Leave: Female employees in Mayotte are entitled to 16 weeks of maternity leave. This includes:
6 weeks before the expected date of childbirth.
10 weeks after the childbirth.
Maternity leave is usually paid at 100% of the employee's salary, and employees can claim reimbursement from Social Security for the cost of the maternity leave.
Paternity Leave: As of January 1, 2021, fathers are entitled to 11 days of paternity leave following the birth of their child. Paternity leave is paid at 100% of the employee's salary, and the leave must be taken within four months of the birth.
7. Termination of Employment
Notice Period: Employees and employers must respect the notice period outlined in the employment contract if either party wishes to terminate the contract. This period varies based on the length of employment and the type of contract:
1 to 6 months of employment: 1 month notice.
More than 6 months of employment: 2 months notice.
Dismissal: In Mayotte, employees can be dismissed for reasons such as misconduct, poor performance, or economic reasons (e.g., redundancy). Dismissal must be justified and comply with procedural fairness.
If the dismissal is considered unfair or unjustified, the employee may be entitled to severance pay or compensation.
Severance Pay: Employees dismissed without cause or as a result of redundancy may be entitled to severance pay, which is usually based on the employee's length of service and salary.
8. Social Security and Benefits
Social Security Contributions: Employees and employers in Mayotte must contribute to Social Security for various benefits, including:
Health insurance.
Pension insurance.
Unemployment benefits.
Family allowances.
Disability benefits.
Unemployment Insurance: Employees who lose their job may be entitled to unemployment benefits, provided they meet the necessary criteria, including a minimum number of months of contribution.
Health Insurance: Employees are entitled to coverage for medical expenses, and employers are required to pay their share of social security contributions to ensure employees' access to healthcare.
9. Discrimination and Harassment
Non-Discrimination: French law prohibits discrimination based on various protected characteristics, such as race, gender, disability, religion, sexual orientation, age, and political beliefs.
Sexual Harassment: Sexual harassment in the workplace is prohibited in Mayotte. Employees who experience harassment have the right to report it to their employer or to the Labour Inspectorate. Employers are responsible for taking steps to prevent and address harassment.
Equal Pay: The principle of equal pay for equal work is a fundamental right under French law, and employers in Mayotte must ensure that employees are paid fairly without discrimination.
10. Health and Safety
Workplace Safety: Employers in Mayotte must comply with French regulations regarding workplace health and safety. This includes:
Ensuring the workplace is free from hazards.
Providing appropriate training and safety equipment.
Conducting regular risk assessments.
Implementing measures to prevent accidents and injuries.
Occupational Health: Employers must ensure that employees have access to medical checks and occupational health services to ensure their well-being, particularly in high-risk industries such as construction or agriculture.
11. Labor Disputes and Resolution
Labor Tribunal: In case of labor disputes (e.g., disputes over unfair dismissal, wages, or working conditions), employees can seek resolution through the Labor Tribunal (Conseil de Prud’hommes), which handles individual labor disputes.
Mediation: Before taking legal action, parties are often encouraged to attempt to resolve disputes through mediation or conciliation. This may be facilitated by the employer, the employee, or an external mediator.
12. Labor Unions and Collective Bargaining
Labor Unions: Employees in Mayotte have the right to join trade unions that represent their interests. Labor unions in Mayotte are active in negotiating better working conditions, wages, and benefits for employees.
Collective Bargaining: Collective bargaining agreements (CBAs) negotiated by unions may set additional standards for wages, benefits, and working conditions beyond the statutory requirements in the Labor Code.
Conclusion
Employment law in Mayotte is primarily based on French labor law, with some specific adjustments for the local context. The legal framework provides protections related to wages, working hours, annual leave, termination, and social security benefits. Employers and employees in Mayotte must adhere to the provisions set out in the Labor Code of France and local regulations, and any disputes can be resolved through labor tribunals or mediation.
RELATED Blog
0 comments