In Saint Pierre and Miquelon, dismissals must be justified by a "real and serious cause". This can be due to personal reasons such as the employee's conduct or professional incompetence, or economic reasons like financial difficulties of the company, technological changes, or reorganization that results in the elimination of the position.

Notice Requirements

The specific notice periods depend on several factors, primarily the employee's seniority within the company. Generally, the notice period increases with the employee's length of service. It's essential to adhere to these minimum periods.

Severance Pay

Employees dismissed for reasons other than serious misconduct are generally entitled to severance pay. The calculation of severance pay is based on the employee's salary and their seniority.

Disciplinary Dismissal

In cases of serious misconduct, an employer may initiate a disciplinary dismissal procedure. This often involves a pre-dismissal interview to inform the employee of the allegations against them and provide an opportunity for defense, followed by notification of the dismissal decision.

Collective Dismissals

Specific rules apply when an employer plans to dismiss multiple employees for economic reasons. These procedures involve staff representatives and may have stricter notification requirements.

Saint Pierre and Miquelon, being an overseas collectivity of France, follows the comprehensive anti-discrimination framework set by French law.

Protected Characteristics

The French Labor Code forbids employment discrimination based on a wide range of grounds, which include:

• Origin: This includes actual or perceived origin, ethnicity, or nationality.
• Sex: This encompasses sex, gender identity, and gender expression.
• Family Situation: This includes pregnancy, parenthood, and family responsibilities.
• Sexual Orientation
• Physical Appearance
• Health Status: This includes actual or perceived disabilities.
• Age
• Religious Beliefs
• Political Opinions
• Union Activities
• Morals
• Loss of autonomy, vulnerability
• Ability to express oneself in a language other than French

Redress Mechanisms

In Saint Pierre and Miquelon, victims of discrimination have several avenues for redress:

• Internal Reporting: Employees can lodge complaints with their employers through established internal grievance procedures.
• Labor Inspectorate: Employees can file a complaint with the labor inspectorate, which will then investigate and mediate the dispute.
• Defender of Rights: This independent authority handles discrimination complaints and can offer mediation as well as assist with legal action.
• Legal Action: Victims can initiate legal proceedings in labor courts or criminal courts, depending on the nature of discrimination.

Employer Responsibilities

Employers in Saint Pierre and Miquelon are obligated to prevent and address discrimination:

• Non-Discrimination Policy: Employers must establish and communicate clear policies that prohibit discrimination.
• Training: Employers must provide regular training on anti-discrimination to all employees.
• Investigate & Respond to Complaints: Employers must promptly investigate discrimination complaints and take disciplinary action when necessary.

In Saint-Pierre and Miquelon, a French overseas collectivity, the working conditions are governed by French metropolitan labor laws, albeit with some adaptations to cater to the territory's unique characteristics.

Work Hours

The legal workweek in Saint-Pierre and Miquelon is 35 hours, averaged over a 12-week period. Overtime work is permitted, but it is subject to certain limitations and requires the consent of the employee. If overtime hours exceed 8 per week or 40 per month, special authorization from the authorities is required.

Rest Periods

Workers are legally entitled to a minimum daily rest period of 11 consecutive hours between workdays. Additionally, all employees must receive a minimum of one 24-hour rest period per week, typically on Sundays.

Ergonomic Requirements

Workplace safety and ergonomics are emphasized in French labor law. Employers in Saint-Pierre and Miquelon are responsible for conducting regular risk assessments to identify and address potential ergonomic hazards. They are also required to provide employees with ergonomic furniture, tools, and workstations to prevent musculoskeletal disorders. Furthermore, employers must offer training on proper posture, safe lifting techniques, and other measures to prevent ergonomic injuries.

Saint Pierre and Miquelon, a French overseas collectivity, adheres to French metropolitan health and safety regulations in the workplace. These regulations prioritize worker well-being and are comprehensive in nature.

Employer Obligations

Employers in Saint Pierre and Miquelon are responsible for ensuring employee health and safety. Their primary obligations include:

• Risk Assessment and Prevention: Employers must conduct thorough risk assessments for all workplaces and workstations. They must identify potential hazards, evaluate their risks, and implement preventive measures to minimize those risks.
• Information and Training: Employers are required to provide employees with clear and comprehensive information on health and safety risks associated with their jobs. They must also offer training programs to equip employees with the knowledge and skills necessary to work safely.
• Provision of Personal Protective Equipment (PPE): Employers must supply employees with appropriate PPE whenever necessary to mitigate workplace hazards. This could include items like safety glasses, gloves, respirators, or high-visibility clothing.
• Accident Reporting and Medical Monitoring: Employers are obligated to report any work-related accidents or illnesses to the authorities. They may also be required to implement medical monitoring programs for employees exposed to specific health risks.

Employee Rights

Employees in Saint Pierre and Miquelon have well-defined rights regarding workplace health and safety:

• Right to a Safe Workplace: Employees have the fundamental right to work in an environment free from unnecessary health and safety risks.
• Right to Information and Training: Employees have the right to receive clear and comprehensive information on workplace health and safety risks, as well as necessary training to perform their jobs safely.
• Right to Refuse Unsafe Work: Employees have the right to refuse work they believe poses a serious and imminent threat to their health or safety.
• Right to Report Hazards: Employees have the right to report any health and safety concerns to their employer, safety representatives, or relevant authorities without fear of retaliation.

Enforcement Agencies

The enforcement of workplace health and safety regulations in Saint Pierre and Miquelon is overseen by several key agencies:

• Inspection du travail (Labor Inspection): This government agency conducts workplace inspections to ensure compliance with health and safety regulations. They have the authority to issue citations and impose fines for non-compliance.
• Caisses de Sécurité Sociale (Social Security Funds): These organizations play a role in workplace health and safety by managing workers' compensation programs and supporting accident prevention initiatives.
• Employee Representatives: Employees in certain workplaces elect health and safety representatives who act as a liaison between workers and management on health and safety matters.

This framework of employer obligations, employee rights, and enforcement agencies fosters a strong foundation for workplace health and safety in Saint Pierre and Miquelon.