In Mayotte, a territorial collectivity of France, several types of employment agreements are used, similar to mainland France. These agreements adhere to French labor law with some adaptations.

Permanent Contract (Contrat à durée indéterminée - CDI)

A CDI is an open-ended employment contract and the most common type in Mayotte. It provides job security for the employee as long as they perform their duties satisfactorily. The specific terms and conditions are outlined in the contract but must adhere to French labor law, including minimum wage, vacation time, and notice periods for termination.

Fixed-Term Contract (Contrat à durée déterminée - CDD)

A CDD is a temporary employment contract with a predetermined end date. It can be used for various reasons, such as seasonal work, project-based work, or replacing an absent employee. The maximum duration of a CDD can vary depending on the reason for the contract, and renewals are possible under certain conditions.

Temporary Employment Contract (Contrat de travail intérimaire)

This type of employment agreement involves a tripartite relationship between the temporary employment agency, the employee (temporary worker), and the user company (where the employee works). The temporary employment agency manages the employment relationship, including payroll and social contributions, while the employee is assigned to work for the user company for a specific period.

Apprenticeship Contract (Contrat d'apprentissage)

An apprenticeship contract is a specific type of employment agreement designed to provide vocational training alongside work experience. Apprentices receive both theoretical education in a vocational school and practical training under the supervision of a qualified professional in a company. The duration of the apprenticeship contract varies depending on the chosen trade.

Professionalization Contract (Contrat de professionnalisation)

Similar to an apprenticeship contract, a professionalization contract combines work experience with training, but it targets adults seeking to acquire new skills or qualifications. It can be used for those seeking to re-enter the workforce or upskill in a new domain. The terms of the professionalization contract are defined in accordance with French labor law.

In Mayotte, employment agreements should incorporate specific clauses to ensure clarity and legal compliance, following French labor law.

Identification of Parties

The agreement should include the employer's legal name, address, and social security number (SIREN), as well as the employee's full name, address, date of birth, and nationality.

Job Description

The employee's duties and responsibilities should be outlined, along with the position's title and place of work.

Remuneration and Benefits

The agreement should specify the gross salary amount and payment frequency. Any benefits offered, such as overtime pay, bonuses, health insurance, and paid time off should also be detailed.

Working Hours

The normal working hours per week and rest periods should be defined. Procedures for overtime work should also be outlined, if applicable.

Paid Leave and Holidays

The agreement should specify the entitlement to annual leave, sick leave, and public holidays, adhering to minimum legal requirements.

Termination Clauses

The grounds and procedures for termination by both employer and employee should be outlined, with reference to required notice periods as mandated by French labor law.

Intellectual Property

The agreement should specify ownership rights over any intellectual property created during employment.

Applicable Law and Dispute Resolution

The agreement should indicate that it is subject to French Labor Law as applicable in Mayotte. The chosen method for resolving any disputes arising from the employment contract should also be outlined.

For specific sectors or complex agreements, additional clauses may be necessary to address unique working conditions or industry regulations.

In Mayotte, following French labor law, the probationary period (période d'essai) is a standard part of employment contracts. This period serves as an initial evaluation phase for both the employer and the employee to determine suitability for the role.

Purpose of the Probationary Period

The probationary period serves two main purposes:

1. It allows the employer to assess the employee's skills, qualifications, and work performance relative to the job requirements.
2. It provides the employee with an opportunity to evaluate the work environment, company culture, and suitability of the position.

Duration of the Probationary Period

The maximum duration of the probationary period is determined by French labor law and varies depending on the type of contract:

• Manual Workers (Ouvriers): 1 month
• Technical Staff and Supervisors (Techniciens et Agents de Maîtrise): 3 months
• Employees with Higher Qualifications (Cadres): 4 months

Collective bargaining agreements may define different probationary periods within these legal limits.

Termination During Probation

During the probationary period, both the employer and the employee can terminate the contract with a simplified notice period, which is shorter than the notice period required after the probationary period ends. It's important to note that a specific reason for termination is not required during probation, but the termination must be based on good faith and not discriminatory.

Extending the Probationary Period

Probationary periods cannot be extended.

Consideration During Probation

During the probationary period, employees are entitled to all legal benefits and protections, including minimum wage.

Employment agreements in Mayotte often include confidentiality and non-compete clauses to safeguard the employer's business interests. However, these clauses are regulated by French labor law to ensure a balance between business protection and employee rights.

Confidentiality Clauses

Confidentiality clauses are designed to protect the employer's confidential information, such as trade secrets, customer lists, or technical data. French law permits these clauses, but they must be precisely defined to avoid limiting an employee's ability to perform their job duties or use their general skills and knowledge acquired elsewhere. The clause should clearly define the confidential information protected and the duration of the confidentiality obligation, which generally cannot extend beyond the employment relationship.

Non-Compete Clauses (Clauses de non-concurrence)

Non-compete clauses, which limit an employee's ability to work in their field after leaving the company, are generally disfavored in French labor law. To be enforceable, a non-compete clause must be justified by a legitimate business interest of the employer, such as protecting unique trade secrets or know-how. This justification needs to be proportionate to the employee's role and the potential harm to the company if they compete. If deemed valid, the non-compete clause should be limited in its geographical scope and time period. These limitations must be reasonable in light of the employee's job duties and the employer's legitimate interests.

It's important to note that Mayotte's courts strictly review non-compete clauses, and overly broad clauses are likely to be struck down.