French Polynesia has a comprehensive legal framework governing employment relationships, designed to protect the rights and ensure fair treatment of workers. This framework is largely based on principles derived from French labor law, adapted to the local context through the Code du Travail de la Polynésie française. Employers operating in the territory must adhere strictly to these regulations concerning contracts, working conditions, health and safety, and termination.
Understanding and complying with these local labor laws is crucial for businesses to operate successfully and ethically, ensuring a stable and productive work environment while upholding the fundamental rights of their employees.
Termination Rights and Procedures
Employment contracts in French Polynesia can be terminated under specific conditions and procedures, which vary depending on the type of contract (e.g., permanent - CDI, or fixed-term - CDD) and the reason for termination. Termination of a permanent contract by the employer typically requires a valid reason, which can be related to the employee's conduct (personal grounds) or economic circumstances (economic grounds). Strict procedures, including preliminary meetings and written notifications, must be followed.
Notice periods are mandatory for the termination of permanent contracts, except in cases of serious misconduct (faute grave) or gross misconduct (faute lourde). The length of the notice period generally depends on the employee's seniority with the company. Severance pay is also typically required for employees terminated from permanent contracts, provided they meet minimum seniority requirements and the termination is not due to serious or gross misconduct.
| Seniority with Company | Minimum Notice Period (unless otherwise specified by collective agreement) |
|---|---|
| Less than 6 months | 2 weeks |
| 6 months to 2 years | 1 month |
| 2 years or more | 2 months |
Fixed-term contracts (CDD) generally end on their specified date. Early termination of a CDD is only permitted under specific circumstances, such as mutual agreement, serious misconduct, force majeure, or if the employee finds a permanent job elsewhere.
Anti-Discrimination Laws and Enforcement
French Polynesian labor law prohibits discrimination in employment based on several protected characteristics. This principle applies throughout the employment relationship, from recruitment and hiring to training, promotion, remuneration, and termination. Employers are required to ensure equal treatment and opportunity for all employees.
| Protected Characteristics |
|---|
| Origin |
| Sex |
| Moral or sexual behavior |
| Sexual orientation |
| Age |
| Family situation |
| Pregnancy |
| Genetic characteristics |
| Membership or non-membership, true or assumed, of an ethnic group, nation, or race |
| Political opinions |
| Trade union activities |
| Religious beliefs |
| Physical appearance |
| Surname |
| State of health |
| Disability |
Employees who believe they have been subjected to discrimination can seek recourse through various channels, including reporting the issue to the labor inspectorate (Inspection du Travail) or filing a case before the labor court (Tribunal du Travail).
Working Conditions Standards and Regulations
Regulations govern various aspects of working conditions to ensure fair treatment and protect employee well-being. These include rules on working hours, rest periods, paid leave, and minimum wage.
The standard legal working week is set, and specific rules apply to overtime, including limits and increased remuneration rates. Employees are entitled to daily and weekly rest periods. Paid annual leave is a fundamental right, with the duration typically based on the length of service. Public holidays are also observed, with specific rules for work performed on these days. A minimum wage (SMIG - Salaire Minimum Interprofessionnel Garanti) is established and periodically reviewed.
| Key Working Condition Standards | Regulation Details |
|---|---|
| Legal Working Week | Standard hours defined by law (e.g., 39 hours) |
| Overtime | Regulated limits and increased pay rates |
| Daily Rest Period | Minimum consecutive hours of rest between working days |
| Weekly Rest Period | Minimum consecutive hours of rest per week (typically Sunday) |
| Paid Annual Leave | Entitlement based on seniority (e.g., 2.5 working days per month of actual work) |
| Public Holidays | Specific days observed, rules for working on these days |
| Minimum Wage (SMIG) | Legally mandated minimum hourly or monthly pay rate |
Workplace Health and Safety Requirements
Employers have a legal obligation to ensure the health and safety of their employees in the workplace. This involves taking all necessary measures to prevent occupational risks, protect employees' physical and mental health, and provide a safe working environment.
Key requirements include conducting risk assessments, implementing preventive measures, providing necessary safety equipment, ensuring proper training on safety procedures, and maintaining safe premises and machinery. Employees also have a right to alert their employer to dangerous situations and, in cases of imminent and serious danger, have the right to withdraw from the situation without penalty.
| Key Health and Safety Requirements | Employer Obligations |
|---|---|
| Risk Assessment | Identify and evaluate workplace risks |
| Prevention Measures | Implement actions to eliminate or reduce identified risks |
| Information and Training | Inform employees about risks and provide necessary safety training |
| Safety Equipment | Provide appropriate personal protective equipment (PPE) |
| Safe Environment | Maintain premises, equipment, and work processes to ensure safety |
| Health Monitoring | Organize medical surveillance for employees (e.g., occupational health visits) |
| Accident Reporting | Report workplace accidents and occupational diseases to relevant authorities |
Dispute Resolution Mechanisms
When workplace disputes arise, several mechanisms are available for resolution, aiming to find amicable solutions or, if necessary, resorting to legal proceedings.
Initial steps often involve internal discussions between the employee and the employer. If the issue cannot be resolved internally, employees can seek assistance from employee representatives (if applicable) or the labor inspectorate (Inspection du Travail). The labor inspectorate plays a crucial role in ensuring compliance with labor law and can mediate disputes. For unresolved issues, the labor court (Tribunal du Travail) is the judicial body responsible for hearing and ruling on individual disputes between employees and employers concerning employment contracts. Collective disputes may follow different procedures, potentially involving mediation or arbitration.
