Definitive Guide to Hiring in Martinique

Hiring in Martinique

Hiring employees compliantly in Martinique means doing it yourself or using an Employer of Record like Global Expansion. You should be careful using independent contractor agreements in Martinique 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 Martinique; or

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

Labor Laws in Martinique

Employment laws in Martinique are uniquely suited to the country’s way of life, and crucial to understand if you want to employ local talent in this country. Get the details on Martinique employment laws and Martinique policies here.

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 Martinique

• 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).

Holidays in Martinique

Maternity Leave Martinique

• 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 Martinique

• 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 in Martinique

• Employees are entitled to a maximum of 6 months of sick leave

Working Hours in Martinique

• 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 in Martinique

• 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 Martinique

• 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.

Notice Period in Martinique

• 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 in Martinique

• 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.

Martinique Salary and Wages

13th / 14th Month Salary in Martinique

• 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

• 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.

Mandatory Benefits in Martinique

• 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

Payroll Accrual in Martinique

Country Accruals Additional Information

Description

Uses French Guidelines

Payroll Accruals Additional Information

Accrued Benefits in Martinique

Why use Global Expansion to hire in Martinique

Establishing a branch office or subsidiary in Martinique 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 Martinique labor laws are complex.

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

Global Expansion makes it easy for you to expand into Martinique. 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 Martinique 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.