Understanding and complying with local labor laws is essential for businesses operating in Mayotte. Working time regulations are a critical component of these laws, designed to protect employees and ensure fair working conditions. These regulations cover standard working hours, limits on maximum hours, rules for overtime, mandatory rest periods, and specific provisions for night and weekend work.
Navigating these rules requires careful attention to detail to ensure full compliance. Employers must adhere to the stipulated working hours, calculate and compensate overtime correctly, provide adequate rest, and maintain accurate records of employee working time.
Standard Working Hours and Workweek Structure
In Mayotte, the standard legal working time is set at 35 hours per week. This is typically structured over five or six days. While 35 hours is the standard, collective agreements or employment contracts may specify different arrangements, provided they comply with the legal maximum limits.
The maximum daily working time is generally limited to 10 hours. The maximum weekly working time is capped at 48 hours in any single week, and the average weekly working time over any 12-week period cannot exceed 44 hours.
Overtime Regulations and Compensation
Work performed beyond the standard 35 hours per week is considered overtime. Overtime is subject to specific limits and mandatory compensation rates.
The annual limit for overtime hours is generally 220 hours per employee, unless a collective agreement specifies a different limit. Overtime hours must be compensated at increased rates:
| Overtime Hours | Compensation Rate (Increase) |
|---|---|
| First 8 hours per week (36-43) | 25% |
| Beyond 8 hours per week (44+) | 50% |
Alternatively, overtime can be compensated fully or partially by mandatory compensatory rest time, depending on collective agreements or specific company policies, but the principle of increased compensation (either monetary or time off) for overtime remains.
Rest Periods and Break Entitlements
Employees in Mayotte are entitled to mandatory rest periods to ensure their well-being.
- Daily Rest: Employees must receive a minimum of 11 consecutive hours of rest between two working days.
- Weekly Rest: Employees are entitled to a minimum of 24 consecutive hours of rest per week, which must be added to the daily rest period, totaling at least 35 consecutive hours. This weekly rest day is typically Sunday.
- Breaks: For any work period of six consecutive hours, employees are entitled to a minimum break of 20 minutes.
Night Shift and Weekend Work Regulations
Specific rules apply to employees working at night or on weekends, particularly Sundays.
- Night Work: A night worker is typically someone who works at least three hours of their daily working time during the night period (generally between 9 PM and 6 AM) at least twice a week, or who performs a significant portion of their annual working time during this period. Night work is subject to specific regulations regarding maximum hours (generally limited to 8 hours per 24-hour period on average over a 12-week period), health monitoring, and potential compensation or rest benefits, often defined by collective agreements.
- Sunday Work: Sunday is the standard weekly rest day. Working on Sunday is generally prohibited unless specific exceptions apply based on the industry, the nature of the work, or specific authorizations. When Sunday work is permitted, it often entails increased compensation or compensatory rest, as defined by law or collective agreements.
Working Time Recording Obligations
Employers in Mayotte have a legal obligation to accurately record the working time of their employees. This is crucial for demonstrating compliance with standard hours, overtime limits, rest periods, and break entitlements.
Records must clearly show:
- The start and end times of each workday.
- The duration of breaks that are not considered working time.
- All overtime hours worked.
These records must be kept for a specified period (typically one year) and made available to labor inspectors upon request. Failure to maintain accurate and accessible working time records can result in penalties.
