Employer of Record in Saint Martin (French Part)

An Employer of Record, or EOR, is a company that legally employs workers for you in Saint Martin. This lets you hire people in Saint Martin without setting up a local company. The EOR handles all HR tasks like payroll, taxes, benefits, and follows local labor laws, which are based on French law. You manage your team's daily work, and the EOR handles the employment administration. For companies looking to hire in Saint Martin, an EOR provider like Rivermate can simplify the process.

How an Employer of Record (EOR) Works in Saint Martin (French Part)

Using an EOR in Saint Martin is a straightforward process. Here is how it works:

1. You Find the Talent. You recruit and choose the person you want to hire in Saint Martin.
2. The EOR Hires Your Candidate. The EOR becomes the legal employer for your chosen candidate. They manage the employment contract, making sure it follows French and local laws.
3. The EOR Manages HR and Payroll. The EOR handles all administrative tasks. This includes payroll, tax withholding, and social security contributions. Saint Martin follows the French minimum wage, known as the SMIC, and the EOR ensures this is paid correctly.
4. You Manage Your Employee. You are in charge of your employee’s daily tasks, projects, and performance.
5. The EOR Sends You an Invoice. You get a single invoice from the EOR. It covers the employee's salary, benefits, taxes, and a service fee.

Why use an Employer of Record in Saint Martin (French Part)

Using an EOR in Saint Martin helps you expand your team without the usual headaches of international hiring. It saves you the time and money involved in setting up a legal entity in a new country. An EOR gives you a fast and compliant way to hire employees, letting you focus on growing your business.

Here are some key benefits:

• Stay Compliant. EORs understand Saint Martin's labor laws, which are based on French regulations. They make sure your hiring practices are fully compliant, reducing legal risks.
• Save Time and Money. Setting up a local company can be slow and expensive. An EOR allows you to hire talent without these high costs and long processes.
• Access Local Expertise. EORs provide local HR support and knowledge. They can help you create strong, compliant employment contracts and manage local requirements.
• Simplify Payroll and Benefits. An EOR manages all aspects of payroll, taxes, and benefits administration. This includes social security contributions and making sure your team gets paid correctly and on time.

Rivermate's transparent pricing model eliminates complexity with a single, competitive monthly fee per employee. Unlike traditional PEO providers, our pricing in Saint Martin (French Part) includes comprehensive HR support, benefits administration, compliance management, and access to our proprietary dashboard for real-time workforce analytics. No hidden costs, no setup fees—just straightforward pricing that scales with your business needs while ensuring full legal compliance in Saint Martin (French Part).

Hiring in Saint Martin is straightforward when you understand the local landscape. The French legal framework heavily influences employment law here. This means you will find many similarities to mainland France in terms of regulations and practices. The local talent pool is strongest in the tourism and hospitality sectors. For specialized skills, you may need to look more broadly. Successfully hiring means adapting your approach to the local context and ensuring you comply with French labor laws.

Employment contracts & must-have clauses

When you hire an employee in Saint Martin, a written contract is essential. The two main types of employment contracts are:

• Indefinite-Term Contract (CDI): This is the standard type of contract for permanent positions without a set end date.
• Fixed-Term Contract (CDD): You can use this contract for specific, temporary tasks.

Your employment contracts must include several key clauses to be compliant.

Probation periods

A probation period allows you and your new hire to see if the role is a good fit. During this time, either of you can end the contract with a shorter notice period. The maximum initial duration for a CDI contract depends on the employee's role:

• Workers and Employees: 2 months
• Technicians and Supervisors: 3 months
• Managers: 4 months

For fixed-term (CDD) contracts, the probation period is shorter:

• Contracts of 6 months or less: 1 day per week, up to a maximum of 2 weeks.
• Contracts over 6 months: 1 month.

Working hours & overtime

The standard workweek in Saint Martin is 35 hours. Any work beyond this is overtime and must be paid at a higher rate.

Here are the key regulations on working hours:

• Maximum daily hours: Generally, no more than 10 hours a day.
• Maximum weekly hours: Should not exceed 48 hours in a single week.
• Rest periods: Employees must have a daily rest period of at least 11 consecutive hours. They are also entitled to a weekly rest of at least 35 consecutive hours.

Public & regional holidays

Your employees in Saint Martin are entitled to paid time off for public holidays. Here are the public holidays for 2025:

Hiring contractors in Saint Martin (French Part)

Hiring independent contractors can seem like a flexible option. However, it comes with the risk of misclassification. Misclassification happens when a worker is treated like an employee but is classified as a contractor. French authorities look at the actual working relationship, not just the contract.

If a worker is found to be misclassified, you could face:

• Back taxes and social security contributions.
• Fines and penalties.
• Liability for employee benefits and severance pay.

An Employer of Record (EOR) can help you avoid these risks. An EOR hires employees on your behalf, ensuring full compliance with local labor laws. This way, you can work with talent in Saint Martin without the legal and financial risks of misclassification.

Navigating compensation and payroll in Saint Martin means understanding its close ties to French law. As a French overseas collectivity, the territory's payroll practices, tax regulations, and social security system are largely based on those of mainland France. This means you'll encounter familiar concepts like a monthly pay cycle and a statutory minimum wage. However, there can be local adaptations, so it's important to get the details right.

Payroll cycles & wage structure

The standard payroll cycle in Saint Martin is monthly. You typically pay employees once a month, usually near the end of the month for the work performed during that month. Payments are made in Euros (€), most commonly through direct bank transfers.

Beyond a base salary, it's common for compensation packages to include additional elements. A "13th-month" salary, for instance, is a widespread practice in many sectors, often included in collective bargaining agreements or employment contracts.

Overtime & minimums

Saint Martin follows the French statutory minimum wage, known as the SMIC (Salaire Minimum Interprofessionnel de Croissance). The French government reviews and typically adjusts this rate annually. As an employer, you are legally required to pay your employees at least the current SMIC rate for their work hours.

Employer taxes and contributions

As an employer in Saint Martin, you are responsible for contributing to several social security programs on behalf of your employees. These contributions fund essential services like healthcare, unemployment, and pensions. The basis for these calculations is generally the employee's gross salary.

Employee taxes and deductions

Saint Martin uses a Pay-As-You-Earn (PAYE) system for income tax, where you withhold taxes directly from an employee's salary each pay period. The specific tax rate for each employee is provided to you by the tax administration, based on the employee's household and income details from their previous tax return.

Employees can also benefit from certain deductions when calculating their annual income tax.

In Saint Martin, the French legal framework shapes employee benefits and leave. This means you can expect generous time off and strong social security protections. The system is designed to support employees' well-being and provide a safety net. Understanding these local rules is key to staying compliant and keeping your team happy.

Statutory leave

Your employees in Saint Martin are entitled to several types of paid leave. These are the minimums set by law.

• Annual Leave Employees get 2.5 working days of paid leave for each month they work. This adds up to 30 working days, or five weeks, for a full year.
• Sick Leave If an employee is sick or injured, they are entitled to paid sick leave. They need to provide a medical certificate to qualify. Pay during sick leave comes from both social security and the employer.
• Maternity Leave Female employees receive paid maternity leave before and after childbirth.
• Paternity Leave Fathers are entitled to 25 calendar days of paid leave for a single birth and 32 days for multiple births.

Public holidays & regional holidays

In 2025, your team in Saint Martin will observe the following public holidays:

Typical supplemental benefits

Beyond the legally required benefits, many employers offer additional perks to attract and retain talent. Here’s a look at both statutory and non-statutory benefits.

How an EOR can help with setting up benefits

Setting up a benefits plan in a new country can be complex. An Employer of Record (EOR) simplifies this process for you. We handle all the details to make sure you are compliant with Saint Martin's laws.

An EOR will:

• Ensure your benefits package meets all legal requirements.
• Administer both mandatory and supplemental benefits.
• Manage contributions to social security and other funds.
• Stay up-to-date with any changes in local labor laws.

Using an EOR saves you time and reduces risk. You can be confident that your employees are well taken care of, and you can focus on growing your business.

Ending a work relationship in Saint Martin requires clear steps. You must follow procedures based on French labor law. This means you need a valid reason for termination, like serious misconduct or economic reasons. The process involves a specific set of actions, including a formal interview and sending a termination letter. Getting this process right is key to avoiding legal problems.

Notice Periods

When you end a permanent contract, you must give a notice period. The length of this period depends on how long the employee has worked for you. For employees with six months to two years of service, the notice period is one month. If the employee has been with you for two years or more, the notice period is two months. Different rules might apply depending on collective agreements or if the employee is in a managerial role. In some cases, you can pay the employee instead of having them work the notice period.

Here is a simple breakdown of statutory minimum notice periods for non-managerial staff:

Severance Pay

Employees on permanent contracts are usually entitled to severance pay when dismissed. The main exception is if the termination is due to serious or gross misconduct. The amount of severance pay depends on factors like the employee's salary and their length of service with your company.

How Rivermate handles compliant exits

Navigating employee exits in a different country can be complex. We handle the entire offboarding process for you. We make sure every termination complies with Saint Martin's local labor laws.

Our process includes:

• Verifying legal grounds: We confirm that your reason for termination is valid under French and local law.
• Managing procedures: We handle all required steps, from the preliminary interview to sending the official termination notice.
• Calculating final pay: We accurately calculate notice period pay, severance, and any other outstanding payments.
• Handling documentation: We prepare all necessary paperwork to ensure a smooth and compliant exit.

We take on these responsibilities so you can focus on your business. We ensure the process is fair, compliant, and respectful for everyone involved.

Navigating the work visa and permit requirements in Saint Martin (the French part) is straightforward when you understand the process. Because it's a French overseas collectivity, French and European Union (EU) laws apply. This means that if you are a citizen of an EU or European Economic Area (EEA) country, or Switzerland, you can live and work in Saint Martin without a visa. For everyone else, securing a job offer is the first step. Your employer will then need to start the application process for your work authorization.

Employment visas & sponsorship realities

Getting the right to work in Saint Martin depends on your nationality and the type of work you'll be doing. An Employer of Record (EOR) can help you navigate these requirements, but there are some practical things to keep in mind.

• Temporary Work Permit: This is common for foreign nationals who have a job offer from an employer in Saint Martin. It's usually issued for a specific project or a limited time, typically not more than a year.
• Residence and Work Permit: If you plan to live and work in Saint Martin for a longer period, you'll need this permit. It's a separate process from the temporary permit and is tied to the length of your employment.
• Employer Sponsorship: For both temporary and long-term permits, your employer must apply for you. They need to show proof of their tax compliance and labor registration. A key step is demonstrating that no qualified local or EU/EEA candidate is available for the job.

An EOR can act as your legal employer, handling the sponsorship and application process. This simplifies your entry into the market by managing the necessary paperwork and ensuring you comply with local labor laws.

Business travel compliance

If you're visiting Saint Martin for short-term business, the rules are different. You'll likely be entering on a short-stay visa, like a Schengen visa, which is valid for up to 90 days.

Here's what you need to know:

• Work restrictions: A short-stay visa generally does not allow you to work. It's intended for activities like meetings, conferences, or negotiations.
• Specific exceptions: In very limited cases, you might be able to perform some work, like an artist doing a single performance, but this requires prior authorization.

For any activities that are considered employment, you will need a proper work permit sponsored by an employer. An EOR can help you determine the right visa for your needs and ensure you stay compliant with local immigration laws.