Employer of Record Guide in 

Martinique

Vacation Leave

• Annual entitlement: 2.5 working days per month worked (30 days per year)
• Accrual: Earned from June 1 to May 31 of the following year
• Minimum period: Employees must take at least 12 consecutive days during summer period
• Payout: Unused vacation must be paid out at termination

Sick Leave

• Waiting period: 3 days before social security benefits begin
• Duration: Up to 360 days over 3 years for same illness
• Employer obligation: May supplement social security payments
• Medical certificate: Required from day 1 of absence

Maternity Leave

• Duration: 16 weeks total (6 weeks before birth, 10 weeks after)
• Multiple births: Extended to 26 weeks for twins, 34 weeks for triplets
• Benefits: Paid by social security at approximately 100% of salary
• Job protection: Position guaranteed upon return

Paternity Leave

• Duration: 28 days (including 7 mandatory days immediately after birth)
• Benefits: Paid by social security
• Timing: Must be taken within 6 months of birth
• Adoption: Same entitlements apply for adoptive fathers

Parental Leave

• Duration: Up to 3 years per child
• Eligibility: After 1 year of employment
• Benefits: Unpaid, but job protection guaranteed
• Flexibility: Can be taken part-time or full-time

Other Statutory Leave

• Bereavement: 3 days for spouse/child, 1 day for parents/siblings
• Marriage: 4 days for employee's wedding, 1 day for child's wedding
• Moving: 2 days for change of residence
• Training: Right to continuing professional development

Summary

Termination Types

Termination for Cause (Licenciement pour faute):

• Requires serious misconduct or repeated violations
• No notice period or severance required
• Must follow disciplinary procedure

Economic Termination (Licenciement économique):

• Due to business difficulties or restructuring
• Requires consultation with employee representatives
• Enhanced severance and retraining obligations

Termination Without Specific Cause:

• Allowed after probationary period
• Must provide proper notice and severance
• Cannot be discriminatory or abusive

Notice Period Requirements

Notice periods vary based on employment category and length of service:

Severance Pay

Legal Severance (Indemnité légale):

• 1/4 month's salary per year of service (first 10 years)
• 1/3 month's salary per year of service (beyond 10 years)
• Minimum: 1/4 month's salary if employed 8+ months

Conventional Severance:

• Often higher amounts specified in collective agreements
• May include additional benefits or enhanced calculations

Probationary Periods

Final Pay Requirements

• Timing: Must be paid immediately upon termination
• Components: Final salary, unused vacation, severance, any bonuses
• Certificate: Employer must provide work certificate and employment documents

Legal Protections

Employees cannot be terminated for:

• Pregnancy or maternity leave
• Union activities or employee representation
• Filing complaints about working conditions
• Discrimination based on protected characteristics

National Holidays

Martinique observes French national holidays plus local celebrations:

Holiday Pay Rules

• Eligibility: Employees with 3+ months of service
• Rate: Normal daily wage
• Working on holidays: Double pay plus compensatory rest day
• Part-time employees: Proportional entitlement based on hours worked

Regional Observances

Martinique celebrates additional cultural events that may affect business operations:

• Carnival season: February/March (major cultural period)
• Cultural festivals: Various throughout the year
• Hurricane season considerations: June-November operational planning

Required Documentation

Employment Contract Elements:

• Job title and detailed job description
• Salary and benefits package
• Working hours and location
• Probationary period terms
• Termination clauses compliant with French law

Government Forms:

• Social Security Registration: Mandatory for all employees
• Tax Declaration: For income tax withholding
• Work Permit: If applicable for non-EU nationals
• Health Insurance: Enrollment in French social security system

Work Authorization

EU/EEA Citizens:

• No work permit required
• Must register with local authorities if staying over 3 months

Non-EU Citizens:

• Work permit required before employment begins
• Employer must demonstrate job cannot be filled by EU citizen
• Various visa categories available based on skills and duration

Background Checks

• Criminal record check: May be required for certain positions
• Professional references: Standard practice
• Educational verification: Required for regulated professions
• Medical examination: Mandatory for certain industries

Data Protection Compliance

Martinique follows French GDPR implementation:

• Employee consent: Required for data collection and processing
• Data minimisation: Only collect necessary information
• Right to access: Employees can request their personal data
• Secure storage: Must protect employee information appropriately

Language Requirements

• Official language: French is mandatory for all official documents
• Workplace communication: French proficiency generally required
• Contracts: Must be provided in French
• Training materials: Should be available in French

Onboarding Timeline

Worker Classification

French labor law strictly distinguishes between employees and independent contractors:

Employees (Salariés):

• Work under employer direction and control
• Receive regular salary with social security contributions
• Protected by labor law and collective agreements
• Entitled to paid leave and benefits

Independent Contractors (Travailleurs indépendants):

• Work autonomously with own methods and schedule
• Invoice for services and handle own taxes
• No employment protections or benefits
• Must register as self-employed

Misclassification risks: Significant penalties and back-payment of social contributions

Collective Agreements

Many sectors in Martinique are covered by collective agreements that provide enhanced benefits:

• Minimum wage supplements: Often above legal minimum
• Additional leave: Beyond statutory requirements
• Enhanced severance: Higher termination payments
• Professional development: Training and advancement opportunities

Cultural Considerations

Work-Life Balance:

• Strong emphasis on personal time and family
• Lunch breaks are important cultural moments
• Vacation periods (especially August) are widely respected

Communication Style:

• Formal business relationships initially
• French business etiquette expected
• Hierarchy and titles are important

Diversity and Inclusion:

• Rich multicultural environment
• French anti-discrimination laws apply
• Respect for Creole culture and traditions

Remote Work Framework

Legal Framework:

• Right to disconnect after working hours
• Employer must provide necessary equipment
• Health and safety obligations extend to home office
• Written agreement required for regular remote work

Practical Considerations:

• Internet infrastructure generally reliable in urban areas
• Time zone alignment with European business hours
• Cultural preference for in-person collaboration

Hurricane Season Preparedness

Operational Planning:

• June to November hurricane season affects business continuity
• Employers should have emergency procedures
• Flexible work arrangements during severe weather
• Employee safety is legal priority during natural disasters

What Borderless AI Handles:

• Employment contract creation and compliance
• Payroll processing with French social security contributions
• Tax withholding and reporting
• Leave management and statutory compliance
• Termination procedures and documentation
• Local HR support and guidance