In French Polynesia, the Labor Code stipulates that an employer must provide a real and serious cause ("cause réelle et sérieuse") for termination. The reasons for termination are generally divided into two categories: personal grounds and economic grounds.

Personal Grounds

Personal grounds are related to the employee's performance or conduct. Insufficient performance, repeated failure to meet targets, and inability to adapt to job requirements can all be considered personal grounds. Serious misconduct such as theft or violence, repeated insubordination, or unauthorized absences also fall under this category.

Economic Grounds

Economic grounds for termination include financial difficulties facing the company that necessitate restructuring or job cuts, and changes in technology that lead to the elimination of the employee's position.

Notice Requirements

The notice period for termination depends on the employee's length of service and the reason for dismissal. For employees with less than six months of service, the notice period is 24 hours for those paid hourly and 7 days for those paid monthly. For those with 6 months to 2 years of service, the notice period is 1 month. For employees with more than 2 years of service, the notice period is 2 months. These notice periods can be extended by collective bargaining agreements or individual employment contracts.

Severance Pay

Severance pay is mandatory in French Polynesia, except in cases of serious misconduct by the employee. The calculation is based on the length of service and the employee's salary. The minimum severance pay is roughly 1/4 of a month's salary per year of service for the first ten years, then 1/3 of a month's salary per year of service after that.

Procedural Fairness and Prior Authorization

Employers must follow strict procedural steps when terminating an employee, including providing a written reason and an opportunity for the employee to defend themselves. Dismissals for economic reasons may require prior administrative authorization. French Polynesia labor laws can be complex, and it is advisable to consult a legal professional specializing in labor law in French Polynesia for compliance and case-specific guidance.

French law, which is applicable in French Polynesia, provides robust protection against discrimination. The law protects against discrimination based on origin, sex, sexual orientation, gender identity, family situation or pregnancy, physical appearance, surname, place of residence, state of health, loss of autonomy, disability, genetic characteristics, religious beliefs, political opinions, trade union activities, age, and moral customs (Moeurs).

Protected Characteristics

The French Labor Code (Code du Travail) - Article L1132-1, provides protection against discrimination based on the following:

• Origin
• Sex
• Sexual orientation
• Gender identity
• Family situation or pregnancy
• Physical appearance
• Surname
• Place of residence
• State of health
• Loss of autonomy
• Disability
• Genetic characteristics
• Religious beliefs
• Political opinions
• Trade union activities
• Age
• Moral customs (Moeurs)

Redress Mechanisms

Individuals who experience discrimination in French Polynesia have several avenues for seeking redress:

• Defender of Rights (Défenseur des Droits): This is an independent institution that handles discrimination complaints, offers mediation, and potentially assists with legal action.
• Labor Tribunals (Conseil de Prud'hommes): Employees can file cases with labor tribunals for discrimination-related disputes.
• Criminal Complaints: In severe cases, individuals can file criminal complaints for discrimination, which constitutes an offense under French law.

Employer Responsibilities

Employers in French Polynesia have a proactive role in preventing and addressing discrimination:

• Non-discrimination Policies: Employers should implement clear policies prohibiting discrimination and harassment, and communicate these effectively to employees.
• Training: Employers should provide training on anti-discrimination to all employees, especially managers involved in hiring and promotion decisions.
• Complaint Mechanisms: Employers should establish internal procedures for reporting and investigating discrimination complaints promptly and confidentially.
• Disciplinary Action: Employers should take appropriate disciplinary measures against employees found to have engaged in discriminatory behavior.

Additional Notes

French Polynesia, as part of France, also adheres to anti-discrimination directives stemming from the European Union.

French Polynesia, an overseas collectivity of France, adheres to French labor laws establishing minimum standards for working conditions. This includes regulations on work hours, rest periods, and ergonomic requirements.

Work Hours

The standard workweek in France, which is also applicable to French Polynesia, is 35 hours. The maximum legal workweek is 48 hours, including overtime hours. Overtime work is generally compensated at a higher rate than regular pay.

Rest Periods

French Polynesia adheres to the European Working Time Directive, mandating a minimum daily rest period of 11 consecutive hours. All employees are entitled to a minimum of one 24-hour rest period per week, typically on Sunday. Employees are legally entitled to at least five weeks of paid annual leave per year.

Ergonomic Requirements

French labor law emphasizes workplace safety and ergonomics. The employer has a legal obligation to ensure the safety and health of employees. This includes providing a workstation designed to minimize musculoskeletal disorders. The French National Institute for Research and Safety for Prevention of Occupational Accidents and Diseases (INRS) publishes ergonomic recommendations that employers can utilize.

While these are the minimum national standards, collective bargaining agreements or individual employment contracts may provide more generous working conditions in French Polynesia.

French Polynesia, an overseas collectivity of France, inherits its health and safety framework from the French Labor Code (Code du Travail) and supplementary regulations. This framework outlines employer obligations, employee rights, and the enforcement landscape.

Employer Obligations

Employers in French Polynesia hold primary responsibility for ensuring a safe and healthy work environment. The French Labor Code outlines their key obligations:

• Risk Assessment and Prevention: Employers must conduct risk assessments to identify potential hazards and implement preventive measures to minimize risks of accidents and occupational illnesses.
• Information and Training: Employees must be informed about health and safety risks associated with their jobs and receive training on safe work practices.
• Provision of PPE: Employers are required to provide personal protective equipment (PPE) appropriate for the specific job tasks.
• Medical Monitoring: In certain high-risk jobs, employers may be required to facilitate medical monitoring for employees.

Employee Rights

Employees in French Polynesia have corresponding rights regarding health and safety:

• Safe Work Environment: The right to work in a workplace where health and safety risks are adequately controlled.
• Information and Training: The right to receive information and training on health and safety matters.
• Refusal of Unsafe Work: The right to refuse work that they believe poses a serious threat to their health or safety.

Enforcement Agencies

Enforcing health and safety regulations in French Polynesia involves a collaborative effort:

• DIRECCT (Directions régionales des entreprises, de la concurrence, de la consommation, du travail et de l'emploi): This regional department, under the Ministry of Labor, conducts workplace inspections and ensures compliance with health and safety regulations.
• Health Services: Occupational health services collaborate with employers to promote workplace safety and employee well-being.
• Social Security: The French social security system provides workers' compensation for work-related injuries and illnesses.

Additional Considerations

• Specific Regulations: Certain industries or activities may have additional health and safety regulations beyond the general framework.
• Employee Representatives: Employee representatives (délégués du personnel or comités sociaux et économiques) play a vital role in promoting health and safety within the workplace.