Termination in Mayotte

Managing employment terminations in Mayotte requires careful adherence to local labor laws, which are largely based on French labor code principles adapted for the territory. Employers must navigate specific requirements regarding notice periods, grounds for dismissal, procedural steps, and severance pay to ensure compliance and avoid potential legal challenges. Understanding these regulations is crucial for any company operating or employing staff in Mayotte, whether directly or through an Employer of Record.

Properly executing a termination process involves more than just informing an employee. It necessitates following a defined legal framework designed to protect employee rights while providing employers with the necessary structure for workforce management. This includes understanding the minimum entitlements employees have based on their tenure and the specific circumstances of the termination.

Notice Period Requirements

The required notice period for terminating an employment contract in Mayotte depends primarily on the employee's length of service and their professional category. These minimum periods are established by law and may be extended by applicable collective bargaining agreements or the individual employment contract, whichever is more favorable to the employee.

Generally, the minimum notice periods are as follows:

Employee Tenure	Worker/Employee	Technician/Supervisor	Manager (Cadre)
Less than 6 months	As per contract/custom	As per contract/custom	As per contract/custom
6 months to less than 2 years	1 month	1 month	1 month
2 years or more	2 months	2 months	3 months

During the notice period, the employee is generally entitled to their regular salary and benefits. The employer may, under certain conditions, exempt the employee from working the notice period, but must still pay the corresponding salary (known as 'indemnité compensatrice de préavis'). Termination for serious misconduct (faute grave) or gross misconduct (faute lourde) typically allows the employer to dismiss the employee immediately without requiring them to work or pay the notice period.

Severance Pay Calculations

Employees in Mayotte are generally entitled to severance pay (indemnité de licenciement) when their employment contract is terminated by the employer, provided they have completed a minimum length of service. This entitlement does not apply in cases of termination for serious misconduct (faute grave) or gross misconduct (faute lourde).

The minimum length of service required to be eligible for severance pay is typically eight months of continuous service with the same employer. The calculation of the minimum legal severance pay is based on the employee's average salary and their length of service.

The legal minimum severance pay is calculated as follows:

• 1/4 of a month's salary per year of service for the first ten years.
• 1/3 of a month's salary per year of service for years of service beyond ten years.

The reference salary for this calculation is usually the more favorable of either:

• The average monthly salary over the last twelve months preceding the termination notification.
• The average monthly salary over the last three months preceding the termination notification (in this case, any bonuses or exceptional payments received during this period are prorated over the year).

Collective bargaining agreements may provide for more favorable severance pay calculations, which would then apply.

Grounds for Termination

An employer must have a valid and legitimate reason to terminate an employee's contract in Mayotte. These grounds can be related to the employee's person or to economic reasons.

• Termination for Personal Grounds: This relates to reasons specific to the employee.

  • Misconduct (Faute): This is the most common personal ground. Misconduct can range from minor offenses to serious or gross misconduct.
    • Simple Misconduct (Faute simple): Repeated minor issues or a single, less severe offense. Requires a warning process before termination.
    • Serious Misconduct (Faute grave): Conduct that makes the continuation of the employment contract impossible, even during the notice period (e.g., theft, insubordination, serious breach of safety rules). Allows immediate dismissal without notice or severance pay.
    • Gross Misconduct (Faute lourde): Serious misconduct committed with the intention to harm the employer. Also allows immediate dismissal without notice or severance pay, and potentially allows the employer to claim damages.
  • Incapacity/Inaptitude: The employee is unable to perform their job duties due to health reasons (certified by an occupational physician) or professional incompetence, provided the employer has attempted training or adaptation and explored redeployment options.

• Termination for Economic Grounds (Licenciement économique): This relates to reasons not specific to the employee, resulting from economic difficulties, technological changes, reorganization necessary to safeguard competitiveness, or cessation of the employer's activity. Specific procedures and criteria apply, especially for collective redundancies.

Termination without a valid ground or without following the correct procedure is considered wrongful dismissal.

Procedural Requirements for Lawful Termination

Strict procedural steps must be followed for a termination to be lawful in Mayotte. Failure to adhere to these steps can render the dismissal null and void or lead to significant penalties for the employer, even if the grounds for termination were valid.

The general procedure for termination for personal grounds is as follows:

1. Convocation to a Preliminary Interview: The employer must send a registered letter with acknowledgment of receipt (or hand-deliver against signature) inviting the employee to a preliminary interview. This letter must state the purpose of the interview (considering potential termination), the date, time, and place of the interview, and inform the employee of their right to be assisted by a person of their choice (either a colleague or an external advisor from a list available at the local labor authorities). A minimum timeframe (usually 5 working days) must be respected between the receipt of the letter and the interview date.
2. Preliminary Interview: The employer explains the reasons for the potential termination, and the employee is given the opportunity to present their defense and ask questions. No decision should be announced during this interview.
3. Notification of Termination: If the employer decides to proceed with the termination, they must send a registered letter with acknowledgment of receipt notifying the employee of the dismissal. This letter must clearly and precisely state the specific reasons for the termination. This letter cannot be sent less than two working days after the preliminary interview.
4. Issuance of Final Documents: Upon the employee's departure (at the end of the notice period or immediately in case of serious/gross misconduct), the employer must provide several documents:
   • Certificate of employment (Certificat de travail).
   • Final pay slip (Solde de tout compte).
   • Attestation Pôle emploi (document required for unemployment benefits).
   • Summary statement of participation, profit-sharing, and company savings plans (if applicable).

For economic dismissals, additional steps are required, including informing and consulting employee representatives (if any) and notifying the labor authorities.

Common pitfalls include insufficient detail in the termination letter regarding the reasons, failure to respect the timelines between steps, not informing the employee of their right to assistance, and not providing the required final documents.

Employee Protections Against Wrongful Dismissal

Employees in Mayotte benefit from significant legal protections against unfair or wrongful dismissal. These protections aim to ensure that terminations are based on valid grounds and follow the correct legal procedure.

• Right to Defense: Employees have the right to be informed of the reasons for potential dismissal and to present their case during the preliminary interview, assisted by a person of their choice.
• Protection Against Discriminatory Dismissal: Termination based on discriminatory grounds (e.g., origin, gender, sexual orientation, age, disability, political opinions, religious beliefs, trade union activity) is strictly prohibited and considered null and void.
• Protection Against Retaliatory Dismissal: Dismissal in retaliation for reporting illegal activities or harassment is also prohibited.
• Protection for Specific Categories: Certain employees, such as employee representatives (union delegates, members of the social and economic committee), benefit from enhanced protection and require authorization from the labor inspectorate for termination.
• Remedies for Wrongful Dismissal: If a termination is deemed wrongful by the labor court (Conseil de Prud'hommes) due to lack of valid grounds or procedural irregularities, the court can order the employer to pay compensation to the employee. The amount of compensation depends on the employee's tenure, the size of the company, and the prejudice suffered by the employee. In certain cases, particularly for discriminatory or retaliatory dismissals, the court may order the employee's reinstatement.

Navigating these regulations requires expertise to ensure full compliance and mitigate legal risks.