In Mayotte, a French overseas department, the termination of employment is governed by the French Labour Code. This provides a structured system that offers protections for both employers and employees.

Lawful Grounds for Dismissal

The termination of employment in Mayotte must be justified by a valid and serious reason. Recognized grounds for dismissal include:

• Economic, Technological, or Structural Reasons: Employers can terminate employment due to economic difficulties, technological advancements, or organizational restructuring.
• Disciplinary Reasons and Gross Misconduct: Dismissal can be based on an employee's misconduct or serious breaches of workplace rules. Examples include persistent poor performance, insubordination, or acts of dishonesty.
• Employee Incapacity: An employer can terminate employment due to an employee's inability to perform their job duties effectively, stemming from reasons like prolonged illness or lack of necessary qualifications.

Notice Requirements

Specific notice periods that must be adhered to during the termination of employment are observed in Mayotte. These notice periods vary depending on the type of contract and employee seniority:

• Fixed-Term Contracts (CDD): Termination before expiration requires the agreement of both parties or demonstration of a valid reason. A fixed-term contract ends automatically upon its expiry.
• Indefinite-Term Contracts (CDI): Employers must provide written notice before termination. The length of the notice period increases with the employee's length of continuous service.

Severance Pay

Severance pay (indemnité de licenciement) is generally mandatory in cases of employment termination in Mayotte, with a few exceptions:

• Serious Misconduct: Severance pay may be forfeited if the dismissal is due to the employee's serious misconduct.
• Retirement: Employees who retire are not typically entitled to severance pay.
• Resignation: Employees who resign do not generally receive severance pay.

The amount of severance pay is calculated based on the employee's salary and length of service.

In Mayotte, a French overseas department, robust anti-discrimination laws are in place, providing comprehensive protection against discrimination in various spheres of life, including employment.

Protected Characteristics

Mayotte's anti-discrimination laws protect individuals from discrimination based on a wide range of characteristics:

• Origin, Sex, and Family Status: Discrimination based on a person's origin, sex, sexual orientation, gender identity, family situation, or pregnancy is strictly prohibited.
• Appearance, Race, and Ethnicity: The law forbids discrimination on the grounds of a person's physical appearance, surname, supposed belonging or non-belonging to a particular race, ethnicity, or nation.
• Disability and Health Status: Discrimination against individuals with disabilities or based on their health status is prohibited.
• Beliefs, Opinions, and Union Activities: Protection extends to a person's religious beliefs, political opinions, and trade union activities.
• Other Factors: Additional protected characteristics include age, genetic characteristics, economic vulnerability, place of residence, ability to speak a language other than French, bank details, and loss of autonomy.

Redress Mechanisms

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

• Defender of Rights (Défenseur des droits): An independent authority that investigates discrimination complaints and can attempt to mediate solutions between parties.
• Labor Tribunals (Conseil de Prud'hommes): Discrimination claims stemming from employment situations can be brought before specialized labor tribunals.
• Criminal Courts: In severe cases of discrimination, particularly those involving hate speech or incitement to violence, individuals can pursue legal action through criminal courts.

Employer Responsibilities

Employers in Mayotte have a legal and ethical obligation to foster a discrimination-free workplace. This can be achieved by:

• Developing Anti-Discrimination Policies: Implementing clear policies outlining the company's commitment to non-discrimination, detailing prohibited behaviors, and providing complaint procedures.
• Training and Awareness: Educating managers and employees on anti-discrimination laws, fostering a culture of respect within the workplace.
• Promptly Addressing Complaints: Investigating any discrimination complaints thoroughly and taking appropriate action to address them.

In Mayotte, an overseas department of France, the French Labour Code sets standards for various aspects of working conditions.

Work Hours

The standard legal workweek in Mayotte is 35 hours. However, specific industries or collective agreements may have different provisions. Overtime work is permissible but regulated. It must generally be agreed upon by the employee and compensated at a higher rate than regular working hours.

Rest Periods

Employees are entitled to rest breaks during the workday, the duration of which depends on the length of their shift. Mayotte's labor laws mandate a weekly rest period of at least 24 consecutive hours, plus an additional 11 hours of daily rest. Workers are entitled to a minimum of 5 weeks of paid annual leave. There are several public holidays in Mayotte where employees are typically entitled to paid leave.

Ergonomic Requirements

While Mayotte doesn't have a standalone set of ergonomic regulations, employers have a general duty to safeguard the health and safety of their workers under French law. This includes conducting workplace assessments to identify and mitigate ergonomic risks associated with tasks like prolonged sitting, heavy lifting, and repetitive motions. Employers are also responsible for implementing safe work procedures and providing employees training on proper posture, lifting techniques, and the use of any provided tools or equipment. Where necessary, providing adjustable workstations, ergonomic chairs, and other tools to help minimize ergonomic risks for employees is also a requirement.

In Mayotte, ensuring a safe and healthy work environment is of utmost importance. This guide will delve into the key aspects of workplace health and safety regulations, highlighting employer obligations, employee rights, and the enforcing bodies.

Employer Obligations

Mayotte follows French labor laws, which stipulate specific employer obligations concerning workplace health and safety. Here are some key points:

• Risk Assessment and Prevention: Employers are required to conduct comprehensive risk assessments to identify potential hazards in the workplace. Based on these assessments, they must implement preventive measures to minimize risks.
• Provision of Safety Equipment: Employers are tasked with providing employees with Personal Protective Equipment (PPE) appropriate for the specific risks associated with their job roles.
• Information and Training: Employers must equip employees with adequate information and training on health and safety procedures, including hazard identification, risk mitigation strategies, and emergency protocols.
• Medical Monitoring: In certain high-risk occupations, employers may be required to facilitate regular medical monitoring for employees.

For a general overview of employer obligations regarding health and safety in the workplace, refer to the "NEBOSH Award In Health And Safety At Work Training - Mayotte". For the most comprehensive and up-to-date information on employer health and safety obligations in Mayotte, consult the French Labour Code ("Code du travail") and its relevant articles.

Employee Rights

Employees in Mayotte have fundamental rights concerning workplace health and safety:

• Right to a Safe Workplace: Employees have the right to work in an environment free from foreseeable risks to their health and safety.
• Right to Refuse Unsafe Work: Employees can refuse to perform tasks they believe pose a serious and imminent threat to their health or safety.
• Right to Information and Training: Employees have the right to receive information and training on health and safety hazards, risks, and preventive measures.

For an overview of employee rights regarding occupational health and safety, refer to the International Labour Organization (ILO).

Enforcement Agencies

The primary body responsible for enforcing workplace health and safety regulations in Mayotte is the Département de l'inspection du travail (Department of Labor Inspection), which falls under the French Ministry of Labor. These inspectors have the authority to:

• Conduct workplace inspections to assess compliance with health and safety regulations.
• Issue orders to employers to rectify any identified safety hazards.
• Impose fines for non-compliance.

For more information on the Department of Labor Inspection in France, refer to their official website.