In Mayotte, a territorial collectivity of France, notice periods for employment termination are governed by the French Labor Code (Code du Travail). The Code does not explicitly define minimum notice periods for termination, but it establishes a framework for determining notice periods based on the employee's length of service.

Notice Periods Based on Length of Service

Notice periods are typically negotiated and documented within the individual employment contract. In the absence of a specific clause, French case law has established baseline notice periods as follows:

• Employees with less than six months of service: No legal minimum notice period applies.
• Employees with six months to less than two years of service: One month's notice.
• Employees with two or more years of service: Two month's notice.

These are the baseline periods, and employers may agree to provide longer notice periods in the employment contract.

Situations for Extended Notice Periods

The employer may be required to provide extended notice periods in specific situations:

• Collective Bargaining Agreements: If a collective bargaining agreement exists for the employee's sector or company, it may supersede the baseline notice periods and dictate longer notice requirements.
• Economic Redundancy: In cases of economic redundancy due to company restructuring or downsizing, the employer may be obligated to provide extended notice as per the Labor Code.

In Mayotte, severance pay entitlements for employees are determined by the French Labor Code (Code du Travail). Employees who have been involuntarily dismissed from their positions are generally entitled to severance pay, with exceptions for those on a fixed-term contract, those who resign voluntarily, and those dismissed for serious or gross misconduct.

Severance pay in Mayotte is calculated using the formula: Average Monthly Salary x Years of Service x Indemnity Factor. The average monthly salary includes the employee's base salary plus any additional recurring payments such as bonuses or commissions. The years of service refer to the total length of the employee's continuous employment with the company. The indemnity factor, determined by the French Labor Code, is 1/4 month's salary per year of service for at least five years of service, and 1/3 month's salary per year of service for at least ten years of service.

The French Labor Code also sets a minimum amount for severance pay. It cannot be less than 1/10 of the monthly salary multiplied by years of service. It's crucial to check any applicable collective bargaining agreements, as they might have more favorable provisions for severance pay.

Termination of employees in Mayotte is governed by the French Labor Code (Code du Travail), which outlines strict legal procedures that must be adhered to.

Types of Termination

There are three main types of termination:

1. Dismissal for Personal Reasons: This is related to issues directly connected to the employee's conduct or performance, such as disciplinary dismissal or insufficient performance.
2. Dismissal for Economic Reasons: This involves termination due to company restructuring, financial difficulties, or reasons unrelated to the individual employee.
3. Agreed Termination: This is a mutually agreed upon termination between employer and employee.

Steps in the Termination Process

The termination process can vary depending on the type of dismissal, but generally involves the following:

Pre-Dismissal Meeting

For dismissal for personal reasons, the employer must summon the employee to a pre-dismissal meeting via registered letter with acknowledgment of receipt. This notice must specify the reason for the intended dismissal. The meeting must be scheduled at least five working days after the employee receives the letter. The employee has the right to attend the meeting with a representative.

Dismissal Letter

After the pre-dismissal meeting, the employer has a specific time frame to issue the formal dismissal letter, generally within two weeks. The letter must clearly state the grounds for dismissal.

Special Considerations

Additional procedures might apply to the termination of certain categories of employees, such as employee representatives, pregnant employees, or employees on medical leave. In cases of collective layoffs, specific legal obligations and consultation procedures apply.