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Hiring in Martinique

Martinique, an island and an overseas department of France, is located in the eastern Caribbean Sea. French and Martinican Creole are the official languages. Euro is the official currency. Martinique’s economy depends upon limited agriculture products, tourism and foreign aid from France. Agriculture products include bananas, rum, sugarcane, and pineapples. Martinique’s main trading partners are France, Italy and Germany. Global PEO or Employer of Record (EOR) play a pivotal role in providing companies with services related to hiring employees, and ensuring compliance with Martinique’s legal and tax regulations. Employment regulations including probation, holidays and termination are covered by the Labor Code. Labor Code stipulates that employees are entitled to 30 days of annual leave. Global PEO’s or Employer of Record (EOR) facilitate companies by ensuring compliance with Martinique’s Labor Code and tax laws.

statutory labor requirements

Probation Period

  • The Labor Code permits probationary periods to enable the employer to evaluate the employee’s competence and the employee to assess whether the job suits them. Indefinite-term employment contracts may provide for a maximum probationary period of:
    • two months for blue-collar and white-collar employees
    • three months for supervisors and technical employees
    • four months for managers and professional staff.
  • These probationary periods may be extended once, up to a maximum of double the original duration, if an applicable industry-wide collective agreement permits this.

Annual Leave

  • As a consequence, an employee who has worked 12 months is entitled to a minimum of 30 days' (or five weeks) annual leave (this is prorated for employees having worked less than 12 months over the year).

Public Holidays

  1. New Year’s Day (1st January)
  2. Easter Monday (13th April)
  3. Labor Day (1st May)
  4. Victory Day (8th May)
  5. Ascension Day (21st May)
  6. Abolition Day (22nd May)
  7. Whit Monday (1st June)
  8. French National Day (14th July)
  9. Assumption Day (15th August)
  10. All Saints Day (1st November)
  11. Armistice Day (11th November)
  12. Christmas Day (25th December)

Maternity Leave

  • Employees are entitled to the following maternity leave:
  • For a single birth bringing the mother's number of children to one or two: 16 weeks, consisting of:
    • six weeks before childbirth;
    • ten weeks after childbirth.
  • For a single birth bringing the mother's number of children to three or more: 26 weeks, consisting of:
    • eight weeks before childbirth;
    • 18 weeks after childbirth.
  • For a multiple birth of twins: 34 weeks, consisting of:
    • 12 weeks before childbirth;
    • 22 weeks after childbirth.
  • For a multiple birth of triplets or more: 46 weeks, consisting of:
    • 24 weeks before childbirth;
    • 22 weeks after childbirth.
  • If the mother suffers an illness during pregnancy, she is entitled to two more weeks before the childbirth and four more weeks after the childbirth.
  • Employees on maternity, paternity or adoption leave are entitled to a daily allowance from the social security authorities. 
  • The employer is not required to pay salary during this time. 
  • However, CBAs frequently state that the employee's salary must be paid in full if the employee has a certain length of continuous service (usually one year's service on the date of the child's birth or adoption).

Paternity Leave

  • Male employees are granted three days' leave on the birth or adoption of a child. 
  • They are also entitled to 11 consecutive days' paternity leave (18 days if there are multiple births or adoptions), which must be taken within the four months following the birth or adoption. 
  • As for the mother, the father cannot be dismissed during the ten weeks following the birth of the child, except for the reasons described above.
  • Male employees are entitled to a daily allowance from the social security authorities, but the employer does not have to maintain the employee's remuneration during the leave (unless specifically provided for by any applicable CBA).

Sick Leave

  • After a minimum period of employment or amount paid in social security contributions, employees in France are generally entitled to paid sick leave.
  • To go on sick leave, you need an official doctor’s note.
  • The French social security system also includes extended sick leave for serious and prolonged illnesses, as well as pensions and other benefits for people with disabilities.
  • To be entitled to paid sick leave for up to six months, you need
    • to have worked for at least 150 hours in the last 90 days before falling sick
    • or to have paid social security contributions based on gross earnings equivalent to 1,015 times the minimum hourly wage (9.76 EUR in 2017) in the last six months before your illness.
  • You can also be on sick leave for up to twelve months, but only if you have
    • worked for at least 600 hours in the last twelve months before falling sick
    • or paid social security contributions based on gross earnings equivalent to 2,030 times the minimum hourly wage (9.76 EUR in 2017) in this period.

Work Hours

  • In France, the legal length of the working week is 35 hours in all types of companies. 
  • The working day may not exceed 10 hours. 
  • Furthermore, employees may not work for more than 4.5 hours without a break.

Overtime

  • Overtime must be paid for as follows:
    • 25 percent an hour for each of the first eight hours of overtime (from the 36th to the 43rd hour inclusive)
    • 50 percent for each hour after that
  • It should be noted that many exceptions are allowed, especially under collective agreements.
  • Some managerial staff classified as “autonome” work more than 35 hours a week, but are given additional holiday days.

Notice Period

  • Each employee that is to be dismissed is entitled to a notice period, except if the dismissal was due to gross misconduct, negligence, or incapacity. The employee continues to work in the company under the same status and receives regular remuneration until the employment relationship is terminated. The length of notice depends on the employee's seniority in the company:
    • One-month notice for six months to two years of seniority;
    • Two months’ notice for more than two years of seniority;
    • The notice period for seniority below six months is set by collective agreement or company practice.
  • The notice period commences on the day on which the letter of dismissal is presented to the employee. The notice period cannot be postponed or suspended except in case of an accident at work, an occupational disease or paid leave.

Severance

  • Severance pay is only awarded if:
    • The employer terminates an indefinite-term contract.
    • The employee has the minimum length of service required by the Labor Code or an applicable collective bargaining agreement (CBA). The minimum length of service has been reduced to eight months of seniority by the Macron Reform.
  • Severance pay depends on the employee's length of service and the relevant CBA's provisions. 
  • It is generally calculated on the basis of an employee's average salary (often including bonuses as well as basic salary) during the last twelve months of employment. 
  • Employees receive statutory severance pay (that is, one fourth of monthly salary for each year of service for the first ten years of service and one third for each year above ten years of service) if no CBA applies or the CBA rate is lower than the statutory amount.
  • Employment contracts can also provide for severance payments, provided that their rate is higher than that of the CBA or the statutory amount. 
  • However, severance payments in company directors' employment contracts must be approved by the company's corporate governance body.

13th / 14th Month Pay

  • No
  • There is no requirement to pay the 13th and 14th month salary.
  • However, government officials receive bonus to supplement their income to meet the high cost of living in the country, however manual labourers do not even receive the minimum wage.

 immigration

  • Martinique follows the visa policies of French overseas departments and territories. 
  • Citizens of EU member countries and 6 other countries can enter without a visa and stay for whatever time they want to whereas many others are granted visa-free access for 90 days.

Tourist Visa

  • Most of the visitors who come to Martinique apply for a tourist visa. 
  • Like other countries, the government of Martinique also issues tourist visas to those who are visiting the country for reasons such as vacationing, sightseeing or meeting their relatives. 
  • The validity of your passport has to be for at least 3 months beyond your stay in the country and you need to show some proof of accommodation.

Business Visa

  • Second, only to the tourist visa, a business visa is another popular visa which is issued to those looking forward to expanding their business agendas in the country. 
  • The institute or organization you will be visiting has to provide a letter to the authorities stating the reason and duration of your stay and therefore, must be contacted beforehand. 
  • It does not allow its holder to seek employment in the country though.

Type of Visa/Permit

Documentation

Validity

Eligibility

Tourist Visa

  • Original, signed passport valid for 6 months beyond stay
  • One signed Martinique visa application form
  • One recent 2 x 2 passport type photograph in color, front view and with a plain/white background.
  • Copies of all visa supporting documents, including passport, are required and must be submitted along with originals.
  • Computer generated flight itinerary from the airline or travel agency or copy of airline tickets.

90 days

Foreigners from non visa exempt countries can apply for tourist visits for short stay visits

Business Visa

  • Original, signed passport valid for 6 months beyond stay
  • One signed Martinique visa application form
  • One recent 2 x 2 passport type photograph in color, front view and with a plain/white background.
  • Copies of all visa supporting documents, including passport, are required and must be submitted along with originals.
  • Computer generated flight itinerary from the airline or travel agency or copy of airline tickets.
  • Invitation Letter

1 year

  • A business visa is issued to those looking forward to expanding their business agendas in the country.

termination

 
  • In France if an employer wants to terminate an employment contract, he must be able to show a justifiable reason “cause réelle et sérieuse” and respect the dismissal procedures. These rules are of “public order” so employees cannot contract out of them. A dismissal can only be made by an employer and not a judge.
  • Dismissals are divided into two categories. They can be:-
    (1) “Inherent to the person of the employee” i.e. a personal reason or
    (2) “For an economic reason.
  • Person Reason: -
    • The dismissal can be made for (1) disciplinary reasons i.e. fault of the employee or (2) outside any incorrect behavior. If it is one of these two reasons, it cannot be discriminatory.
    • Disciplinary reasons include “simple fault”, “grave fault”, and “gross fault”.
    • Other personal reasons include professional insufficiency, insufficiency of results, disagreement, and personal life of the employee.
  • Economic Reason: -

The economic reason is defined by the French labor law code as a reason
(A) not inherent to the person of the employee
(B) resulting from a suppression or a transformation of employment or a modification, refused by the employee of an essential element of the contract of employment, consecutive to economic difficulties
(C) technologies transformations
(D) reorganization
(E) or cessation of activities.

statutory benefits

  • These are mandatory benefits as postulated by law
  • These include probationary period, annual leave, public holidays, sick leave, maternity leave, paternity leave, overtime pay, notice period, and severance pay
  • Statutory benefits also include social security benefits

Statutory Benefits

Probationary Period

Annual Leave

Public Holidays

Maternity Leave

Paternity Leave

Sick Leave

Overtime Pay

Notice Period

Severance Pay

Social Security Benefits

employee accruals

   
Christmas Bonus%

No evidence of a separate code: see France

Christmas Bonus Over Vacations %

No evidence of a separate code: see France

Severance per Year %

No evidence of a separate code: see France

Vacations % No evidence of a separate code: see France
Notice %

No evidence of a separate code: see France

Christmas Bonus Over Notifications% No evidence of a separate code: see France
Vacations Plus% No evidence of a separate code: see France
Total percentage of Salary (yearly) No evidence of a separate code: see France

 employer accruals

Additional information (Country Accruals)

 

   
Description Uses French Guidelines

 

Employer Accruals Additional information

    Employment Accruals
Annual Leave As a consequence, an employee who has worked 12 months is entitled to a minimum of 30 days' (or five weeks) annual leave (this is prorated for employees having worked less than 12 months over the year). This equals 8.22% (30/365 days) of annual income
Maternity Leave Employees are entitled to the following maternity leave:
For a single birth bringing the mother's number of children to one or two: 16 weeks, consisting of:
• six weeks before childbirth;
• ten weeks after childbirth.
This equals 30.76% (16/52 weeks) of annual income
Paternity Leave Male employees are granted three days' leave on the birth or adoption of a child.
They are also entitled to 11 consecutive days' paternity leave (18 days if there are multiple births or adoptions), which must be taken within the four months following the birth or adoption.
This equals 0.82% (3/365 days) of annual income
Sick Leave To be entitled to paid sick leave for up to six months, you need
• to have worked for at least 150 hours in the last 90 days before falling sick
• or to have paid social security contributions based on gross earnings equivalent to 1,015 times the minimum hourly wage (9.76 EUR in 2017) in the last six months before your illness.
This equals 50% (6/12 months) of annual income
Overtime Overtime must be paid for as follows:
• 25 percent an hour for each of the first eight hours of overtime (from the 36th to the 43rd hour inclusive)
• 50 percent for each hour after that
Depends on the number of overtime hours worked
Severance Employees receive statutory severance pay (that is, one fourth of monthly salary for each year of service for the first ten years of service and one third for each year above ten years of service) if no CBA applies or the CBA rate is lower than the statutory amount. This equals 25% of monthly salary

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