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Mayotte

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Mayotte

Standard working hours

Mayotte, a French overseas department, adheres to the French Labour Code (Code du travail) which provides guidelines for standard working hours. The key points are as follows:

The standard workweek in Mayotte is 35 hours, as stipulated in Article L.3121-1 of the French Labour Code.

Industry-specific collective bargaining agreements may set different working hours. These agreements can reduce or, in some exceptional cases, extend the standard workweek. It's important to consult the relevant collective agreement for your specific industry to determine the applicable working hours.

Overtime

Mayotte adheres to French Labour Code regulations regarding overtime work. Here's a breakdown of the key rules and compensation details:

  • Employee Consent: Mayotte follows Article L.3121-31 of the Labour Code, which mandates employee consent for overtime work. Employers cannot force employees to work overtime.

  • Exceptions: There might be exceptions in specific situations, such as emergencies or unforeseen circumstances that threaten the company's survival. Even in such cases, employers should prioritize seeking employee consent whenever possible.

Overtime Calculation and Compensation

  • Overtime Pay: Overtime work must be compensated at an increased rate. Article L.3121-32 of the Labour Code specifies the minimum base rate for overtime pay. This base rate can be further increased through collective bargaining agreements or individual employment contracts.

Here's a breakdown of the minimum overtime pay multipliers based on the day and time worked:

  • Weekdays (Monday to Friday) between 6:00 AM and 9:00 PM: Minimum 1.25 times the regular hourly rate
  • Weekdays (Monday to Friday) after 9:00 PM: Minimum 1.5 times the regular hourly rate
  • Sundays and public holidays: Minimum double the regular hourly rate

Collective Bargaining Agreements:

Industry-specific collective bargaining agreements may dictate higher overtime pay rates or additional benefits for overtime work. It's important to consult the relevant agreement for your specific industry.

Rest periods and breaks

In Mayotte, a French overseas department, the French Labour Code (Code du travail) governs the entitlements to rest periods and breaks for workers.

The daily rest period, known as Repos quotidien, has a minimum duration of 11 consecutive hours between working days as per Article L.3121-20 of the French Labour Code.

The weekly rest period, known as Repos hebdomadaire, guarantees workers a minimum weekly rest period of 24 consecutive hours, typically including Sundays as per Article L3131-1 of the French Labour Code.

As for rest breaks, known as Pauses, the French Labour Code doesn't explicitly mandate them throughout the workday. However, Article L.3121-34 encourages employers to establish breaks through company policy or collective bargaining agreements.

While not mandated by law, customary practice in many industries in Mayotte includes short breaks, often around 15-20 minutes, in the mid-morning and mid-afternoon.

Specific industries might have negotiated rest break durations and entitlements through collective bargaining agreements. It's advisable to consult the relevant agreement for your particular industry.

Night shift and weekend regulations

In Mayotte, the regulations regarding night shift and weekend work are primarily dictated by the French Labour Code (Code du travail), with potential variations through collective bargaining agreements.

When it comes to night work, the French Labour Code doesn't provide a specific legal definition. However, collective bargaining agreements often define night work as hours falling outside regular daytime hours, typically between 9:00 PM and 6:00 AM. Similar to regular overtime, Article L.3121-31 of the Labour Code necessitates employee consent for night work whenever possible. Night work for employees under 18 years old is subject to stricter regulations and typically requires authorization from a medical officer.

Night work generally qualifies as overtime and is subject to the overtime compensation stipulations outlined in Article L.3121-32 of the Labour Code. This translates to a minimum base rate of 1.25 times the regular hourly rate for weekdays between 9:00 PM and 6:00 AM, and potentially higher depending on collective bargaining agreements or individual employment contracts. Collective bargaining agreements in specific industries might negotiate premium pay rates or additional benefits for night shifts, beyond the minimum legal requirements.

As for weekend work, French Labour Code Article L3131-1 guarantees a minimum 24-hour weekly rest period, which often includes Sundays. This regulation inherently limits the number of consecutive weekend work days an employer can demand. Weekend work exceeding the standard workweek qualifies as overtime and is subject to overtime pay requirements as per Article L.3121-32 of the Labour Code. The minimum overtime pay for Sundays is double the regular hourly rate.

As with night work, relevant collective bargaining agreements may dictate higher overtime pay rates or additional benefits for weekend work.

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