Navigating employment regulations in a new territory requires a clear understanding of local labor laws, particularly concerning working hours and employee entitlements. Mayotte, as an overseas department of France, largely follows French labor law principles, adapted to the local context. These regulations are designed to protect employees while providing a framework for employers to manage their workforce effectively.
Compliance with working time rules is crucial for businesses operating in Mayotte. This includes adhering to standard weekly hours, properly compensating overtime, ensuring mandatory rest periods are provided, and maintaining accurate records of employee working time. Understanding these requirements is essential for smooth operations and legal compliance.
Standard Working Hours and Workweek
The standard legal working week in Mayotte is set at 35 hours. This is the benchmark for calculating normal pay and determining when overtime begins. The workweek typically runs from Monday to Friday, though specific arrangements can be made depending on the industry and collective agreements, provided they comply with overall weekly and daily limits.
While the standard is 35 hours, employees may work more, subject to overtime rules and maximum limits. The maximum daily working time is generally 10 hours, and the maximum weekly working time is typically 48 hours in any single week, or an average of 44 hours over a 12-week period.
| Standard Working Week | 35 hours |
|---|---|
| Maximum Daily Hours | 10 hours |
| Maximum Weekly Hours | 48 hours |
| Maximum Average Weekly Hours (over 12 weeks) | 44 hours |
Overtime Regulations and Compensation
Hours worked beyond the standard 35 hours per week are considered overtime. Overtime work is subject to specific compensation rates, which are higher than the standard hourly rate. The calculation of overtime pay is based on the employee's regular hourly wage.
Overtime hours are compensated at increased rates:
- The first 8 overtime hours per week (from the 36th to the 43rd hour inclusive) are paid at a rate of 125% of the standard hourly wage.
- Subsequent overtime hours (from the 44th hour onwards) are paid at a rate of 150% of the standard hourly wage.
In addition to increased pay, there may be requirements for compensatory rest time for overtime hours worked, depending on collective agreements or specific company policies, within the framework of the law.
| Overtime Hours per Week | Compensation Rate |
|---|---|
| Hours 36 to 43 | 125% |
| Hours 44 onwards | 150% |
Rest Periods and Breaks
Employees in Mayotte are entitled to mandatory rest periods to ensure their well-being and safety. These include daily rest, weekly rest, and breaks during the workday.
- Daily Rest: Employees must have a minimum of 11 consecutive hours of rest between two working days.
- Weekly Rest: Employees are entitled to a minimum of 24 consecutive hours of rest per week, typically including Sunday. This weekly rest period is added to the daily rest period, resulting in a total minimum weekly rest of 35 consecutive hours.
- Workday Breaks: For any workday exceeding six hours, employees are entitled to a minimum break of 20 consecutive minutes. This break must be provided during the workday and is generally unpaid unless otherwise stipulated by collective agreement or contract.
These rest periods are mandatory and cannot be waived by either the employer or the employee.
Night Shift and Weekend Work Regulations
Specific regulations apply to employees working during night hours or on weekends, particularly Sundays. Night work is generally defined as work performed between 9 PM and 6 AM, although specific times can be adjusted by collective agreement. Employees regularly engaged in night work may be subject to specific health monitoring and limitations on working hours.
Working on Sundays is generally restricted, with Sunday being the standard day for weekly rest. Exceptions exist for certain industries or roles where continuous operation is necessary (e.g., healthcare, retail under specific conditions, tourism). When Sunday work is permitted, it is often subject to increased compensation rates or compensatory rest, as defined by law or collective agreements.
Working Time Recording Obligations
Employers in Mayotte have a legal obligation to accurately record the working time of their employees. This is essential for demonstrating compliance with standard hours, overtime regulations, and rest period entitlements.
Records must be kept for a specified period (typically one year) and must be accessible to labor inspectors upon request. The records should clearly show:
- The start and end times of each workday.
- The duration of breaks taken.
- The total number of hours worked per day and per week.
- Identification of regular hours versus overtime hours.
Maintaining precise and transparent time records is a fundamental requirement for employers and serves as key evidence in case of disputes or inspections related to working time.
