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Hiring in Guadeloupe

Hiring employees compliantly in Guadeloupe means doing it yourself or using an Employer of Record like Global Expansion. You should be careful using independent contractor agreements in Guadeloupe so that you don’t run afoul of employment laws. To hire an employee compliantly and offer them mandatory benefits and compliant agreements, you can:

(a) Establish your own new legal entity, banking, accounting and payroll service in Guadeloupe; or

(b) use an Employer of Record like Global Expansion who can handle all of the details for you.

Need assistance hiring in Guadeloupe? Contact us about our International EOR  Service

Labor Laws in Guadeloupe

Employee 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 in Guadeloupe

  • 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).
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Holidays in Guadeloupe

New Year’s Day 1st January
Carnival Monday 24th February
Mardi Gras 25th February
Ash Wednesday 26th February
Mid Lent 19th March
Easter Monday 13th April
Labor Day 1st May
Victory Day 8th May
Ascension Day 21st May
Abolition Day 27th May
Whit Monday 1st June
National Day 14th July
Assumption Day 15th August
All Saint’s Day 1st November
Armistice Day 11th November
Christmas Day 25th December

 

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Maternity Leave Guadeloupe

  • 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 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 Guadeloupe

  • Male employees are entitled to 25 days or 32 days (in case of multiple births) of paternity leave.

Sick Leave in Guadeloupe

  • In case of an inability to work, a sick leave note must be written by the doctor.
  • The daily allowance is only payable from the 4th day of sick leave.
  • Sick leave is for a maximum of 6 months

Work Hours in Guadeloupe

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

Overtime in Guadeloupe

  • 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.

Termination of Employment in Guadeloupe

  • 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 labour 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.

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Notice Period in Guadeloupe

  • 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.
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Severance in Guadeloupe

  • 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.

Guadeloupe Salary and Wages

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13th / 14th Month Pay in Guadeloupe

  • Regulated by France Guadeloupe is part of France and it is as a result part of the European Union.

Immigration Guadeloupe

  • All nationals require a valid passport.
  • Only exception are nationals of the following countries who may also present an alternative document of identification instead of a passport: Belgium, France, Germany, Greece, Italy, Luxembourg, Monaco, Netherlands, Spain, Switzerland.
  • Nationals of the following countries do not require a visa when entering as a tourist:
    • Andorra, Argentina, Australia, Austria,
    • Belgium, Bolivia, Brunei, Bulgaria,
    • Canada, Chile, Costa Rica, Croatia,
    • Denmark,
    • El Salvador,
    • Finland, France,
    • Germany, Gibraltar, Greece, Guatemala,
    • Honduras, Hungary,
    • Iceland, Ireland, Italy,
    • Japan,
    • Liechtenstein, Luxembourg,
    • Macau, Malaysia, Malta, Mexico, Monaco,
    • Netherlands, New Zealand, Nicaragua, North Korea, Norway,
    • Panama, Paraguay,
    • Romania,
    • San Marino, Singapore, South Korea, Spain, Sweden, Switzerland,
    • United Kingdom, USA,
    • Vatican City, Venezuela
  • A tourist visa is valid for a maximum of 90 days
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Type of Visa/Permit

Documentation

Validity

Eligibility

Tourist Visa
  • Application form
  • Passport-size photo
  • Valid passport with 1 full blank page
  • Return ticket
  • Evidence of sufficient funds for stay
  • Proof of purpose of visit
  • Visa fee payment
  • Stamped, self-addressed envelope when postal application
  • Insurance
90 days Foreigners from non-visa exempt countries must apply for a tourist visa for short stay visits

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Value Added Tax (VAT) in Guadeloupe

  • The standard VAT rate in Guadeloupe is 8.5%.
  • The reduced rate is 2.1%.
  • The super reduced rate is 1.05%

VAT

Standard Rate

Group 1083

8.5%

Reduced Rate Group 1083 2.5%
Reduced Rate Group 1083 1.05%
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Mandatory Benefits in Guadeloupe

  • 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
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Mandatory Benefits overview

  • Probationary period

  • Annual Leave

  • Public Holidays

  • Sick Leave

  • Maternity Leave

  • Paternity Leave

  • Overtime Pay

  • Notice period

  • Severance Pay

  • Social Security Benefits

Payroll Accrual in Guadeloupe

Payroll Accruals Additional Information

 

 

Employment Accruals

Annual Leave 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 30.7% (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 3.8% (14/365 days) of annual income
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 4,190 EUR
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Accrued Benefits in Guadeloupe

Christmas Bonus % Under the rules of France
Christmas Bonus Over Vacations % Under the rules of France
Severance per Year% Under the rules of France
Vacations % Under the rules of France
Notice % Under the rules of France
Christmas Bonus Over Notifications % Under the rules of France
Vacations Plus % Under the rules of France

Total percentage of Salary (yearly)

Under the rules of France

Why use Global Expansion to hire in Guadeloupe

Establishing a branch office or subsidiary in Guadeloupe can be time-consuming, expensive and complex. With such a robust labor market in place, one must pay great attention to detail when structuring employment because Guadeloupe labor laws are complex.

The company also has a responsibility to comply with specific employment practices dictated by Guadeloupe law to maintain its good standing as an equal opportunity employer.

Global Expansion makes it easy for you to expand into Guadeloupe. We'll help you hire your candidate of choice, handle HR matters and payroll, and ensure that you comply with local laws without the burden of setting up a foreign branch office or subsidiary. In addition, you'll have complete control and direction over your employees.

We enable you to stay in control of everything. Our Guadeloupe Global Professional Employer Organization (PEO) and Employer of Record (EOR) solution provides you with peace of mind to focus on running your company and the security to enter new markets.

 

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