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Order No. 2006-1588 Of 13 December 2006 On The Regime Of Prevention, Repair And Pricing Of Accidents At Work And Occupational Diseases In Mayotte

Original Language Title: Ordonnance n° 2006-1588 du 13 décembre 2006 relative au régime de prévention, de réparation et de tarification des accidents du travail et des maladies professionnelles à Mayotte

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Summary

Application of Article 74-1 of the Constitution. Order ratified by Article 20 of Act No. 2007-224 of 21 February 2007.

Keywords

OVERVIEW, OVERVIEW,

Legislative records




JORF n°289 of 14 December 2006 page 18879
text No. 22



Order No. 2006-1588 of 13 December 2006 on the Prevention, Repair and Pricing of Occupational Accidents and Diseases in Mayotte

NOR: SANX0600142R ELI: https://www.legifrance.gouv.fr/eli/ordre/2006/12/13/SANX0600142R/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/ordre/2006/12/13/2006-1588/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister of Health and Solidarity,
Having regard to the Constitution, including article 74-1;
Considering the insurance code;
Considering the trade code;
Considering the criminal code;
Considering the Code of Criminal Procedure;
Considering the new Code of Civil Procedure;
Considering the search code;
Considering the social security code;
Considering the national service code;
Considering the Labour Code applicable to Mayotte;
Having regard to Act No. 78-17 of 6 January 1978 on computers, files and freedoms;
Having regard to Act No. 92-1441 of 31 December 1992 ratifying ordinances made under Act No. 91-1380 of 28 December 1991 on the adaptation of the legislation applicable in the territorial community of Mayotte, including the ratification of Order No. 92-1067 of 1 October 1992 on the extension and adaptation in the territorial community of Mayotte of certain provisions of the Code of Insurance and Act No. 85-877 of 5 July 1992
Considering Act No. 98-144 of 6 March 1998 ratifying and amending Order No. 96-1122 of 20 December 1996 on improving public health in Mayotte;
Considering Act No. 2001-616 of 11 July 2001 on Mayotte;
Considering Order No. 2002-411 of 27 March 2002 on health and social protection in Mayotte;
Having regard to the decree of 17 June 1938 concerning the reorganization and unification of the marine insurance system;
In view of Decree No. 57-245 of 24 February 1957 on the repair and prevention of industrial accidents and occupational diseases in overseas territories;
Having regard to the advice of Mayotte's General Council of 23 February 2006;
Having regard to the opinion of the Board of Occupational Accidents and Diseases of the National Health Insurance Fund of Employee Workers dated 5 July 2006;
Having regard to the advice of the Board of the National Health Insurance Fund for Employees dated 24 October 2006;
The State Council (Social Section) heard;
The Council of Ministers heard,
Order:

  • PART I: GENERAL Article 1


    This Order applies to the prevention and repair and pricing of occupational accidents and occupational diseases in all occupations in Mayotte after December 31, 2007.
    This application is done without prejudice to the rules of coordination between the various social security regimes in force in metropolis and overseas departments and those in force in Mayotte under article 25 of the above-mentioned order of 27 March 2002.
    The provisions of this Order shall not be subject to the provisions of this Order by persons governed by legislative and regulatory provisions that provide protection against the risk of occupational accidents or diseases, including:
    1° The workers of the state;
    2° The sailors and persons mentioned in Article 2 of the decree of 17 June 1938 referred to above;
    3° State officials, territorial and hospital authorities.

    • Chapter I: Definitions Article 2


      It is considered an accident of work, regardless of the cause, the accident that occurred by the fact or on the occasion of work to any employee under the Labour Code applicable to Mayotte or working in any place for one or more employers or business owners.

      Article 3


      It is also considered an occupational accident, where the victim or his or her rightful persons demonstrate that all of the following conditions are met or where the investigation allows the social security fund to have sufficient presumption on this point, the accident that occurred to a worker mentioned in this order during the journey of going and returning, between:
      1° The main residence, a secondary residence with a stability character or any other place where the worker normally travels for family reasons and the place of work. This route may not be the most direct when the detour is made necessary as part of a regular carpooling;
      2° The place of work and the restaurant, the canteen or, in a more general way, the place where the worker usually takes his or her meals, and to the extent that the journey was not interrupted or diverted for a reason dictated by the personal and foreign interest to the essential needs of everyday life or independent of employment.

    • Chapter II: Beneficiaries Article 4


      In addition to the persons referred to in section 2, the provisions of this Order shall be:
      1° Non-employed directors of cooperatives and managers of multi-tiered companies or other commercial or industrial establishments;
      2° Managers of limited liability companies provided that the said managers do not jointly own more than half of the social capital, on the understanding that the shares belonging to any property or usufruct, the spouse and unemancipated minors of a manager are considered owned by the manager;
      3° The Presidents and Directors General of the Anonymous Corporations and Unnamed Liberal Practices;
      4° Members of cooperative production companies, as well as managers, directors general, directors of the board of directors and members of the directors of the same cooperatives when they receive remuneration for their duties and that they do not work in the same company;
      5° Students or students of technical educational institutions for accidents occurring during this teaching, as well as by the fact or occasion of the courses to which it gives rise; schools and commercial teaching courses giving regular or intermittent students additional and advanced education such as: trade, stenography, stenography, mechanics, typing, commercial French, commercial correspondence, trade law, accounting, advertising, foreign languages and other teachings of an intellectual nature are outside the scope of this title;
      6° Students of secondary or special education institutions and students other than those mentioned in the 5th above for accidents in the course of teachings conducted in workshops or laboratories, as well as by the fact or occasion of the courses carried out in the course of their education or study;
      7° Persons engaged in placement, training and reclassification courses in accordance with the provisions of the Labour Code applicable to Mayotte for accidents caused by the fact or during this training;
      8° Persons performing a functional rehabilitation or vocational rehabilitation course under the conditions provided for in the social protection legislation applicable to Mayotte;
      9° Detainees performing criminal work or convicts performing work of general interest for accidents that occurred by the fact or on the occasion of this work under the conditions determined by a decree;
      10° Employees appointed to sit in a commission, board or an administrative or parity committee to deal with employment and training problems or to participate in a review panel, for accidents caused by the fact or during their missions under conditions defined by decree;
      11° The persons mentioned in Article 2 of the decree of June 17, 1938 referred to above for industrial accidents and occupational diseases occurring outside the execution of the contract of maritime undertaking;
      12° Employees performing a training course under the conditions set out in articles L. 225-1 and L. 444-9 of the Labour Code applicable to Mayotte, for accidents caused by the fact or during this training;
      13° Job seekers, for accidents caused by the fact or on the occasion of their participation in actions to assist in the creation of a company or in the orientation, evaluation or support of the job search provided or prescribed by the National Employment Agency;
      14° Employees designated to sit in a proceeding, whether consultative or not, established by a legislative or regulatory provision with a State authority for accidents that have occurred by the fact or on the occasion of their missions, to the extent that they do not otherwise benefit from the provisions of this article;
      15° Volunteers referred to in I of Article L. 122-14 of the National Service Code;
      16° Under the conditions laid down by decree, persons who benefit from support for the creation or resumption of economic activity under Article L. 127-1 of the Commercial Code;
      17° Without prejudice to the provisions of 18° of this Article regulating the situation of insurance sub-agents, non-employed natural persons other than general insurance agents who perform in an ordinary manner and followed the insurance presentation transactions for one or more insurance companies as defined by Article L. 310-1 of the Insurance Code and who have drawn from these transactions more than half of their previous year's resources;
      18° Insurance sub-agents working in an usual and followed manner for one or more General Agents and to whom it is imposed, in addition to customer prospecting, sedentary tasks at agency headquarters;
      19° Drivers of public cars whose operation is subject to transport rates set by the public authority, when these drivers are not owners of their car;
      20° Persons who usually provide at their home, for compensation, custody and maintenance of children entrusted to them by the parents, an administration or work to control them;
      21° Individuals who exercise on an occasional basis on behalf of the State, a territorial community or any of their administrative public institutions, or a private body responsible for the management of an administrative public service, an activity whose remuneration is determined by legislative or regulatory provisions or by a court decision. A decree specifies the types of activities and remuneration involved. However, these provisions are not applicable, at their request, under conditions established by decree, to persons exercising, as a principal means, an artisanal, industrial and commercial, liberal or agricultural profession, where the occasional activities referred to above are the extension;
      22° Presidents and directors of companies by simplified action;
      23° Directors of the mutualist groupings who receive a service allowance and who do not, as a compulsory measure, fall under a social security regime applicable to Mayotte;
      24° The leaders of associations managed and administered by persons who have not themselves, or by interposed persons, no direct or indirect interest in the results of the operation;
      25° Unpaid guardians referred to in Article L. 129-1 of the Commercial Code;
      26° Volunteers for insertion referred to in Article L. 130-4 of the National Service Code;
      27° Public officials or public officials authorized to provide scientific assistance to a company that ensures the valorization of their work under Article L. 413-8 of the Research Code.
      The provisions of Article 38 shall not apply to persons referred to in 5° and 6° above.
      With regard to the persons mentioned in the 5th, 6th, 7th and 8th and not subject to social insurance under the provisions of the above-mentioned ordinances of 20 December 1996 and 27 March 2002, and the persons mentioned in the 9th, 10th, 12th, 13th, 14th, 16th, 26th and 27th of the decrees determine who the obligations of the employer are.
      For those who are not paid and are not paid for normal remuneration, decrees set the basis for contributions and compensation.

      Article 5


      Any person who is a major foreign national in a regular situation is a member of the regime established by this Ordinance, under the law on the stay and work of aliens, applicable to Mayotte, who has been authorized to stay for a period of more than three months or who has been residing in the country for three months.
      In the event of a lack of understanding of the provisions of the first paragraph and of the legislation mentioned, contributions remain due.
      The social security fund is required to verify during the affiliation and periodically that foreign insured persons meet the conditions of regularity of their situation in Mayotte. The verification may also be made at the employer's nominative declaration, provided for in section L. 311-1 of the Labour Code applicable to Mayotte. The body may have access to the files of the state services to obtain the administrative information necessary for this verification. When this information is kept on a computer-based basis, it may be transmitted under the terms set out in chapter IV of the Act of 6 January 1978 on the above-mentioned information, files and freedoms.
      A decree sets out the list of titles or documents attesting to the regularity of the situation of the persons concerned.

    • Chapter III: Special provisions relating to the payment of contributions and benefits Article 6


      Notwithstanding any other provision to the contrary, the government, the services, offices and public facilities of the State other than public industrial or commercial establishments shall direct their staff to pay the benefits of industrial accidents provided for in this order. However, those of these establishments with a number of officers below a number fixed by interdepartmental order shall be held in a row to the regime organized by this order those of their agents who fall under a category other than those mentioned in the 1st to 3rd of section 1.
      The terms and conditions of application of this Article shall be determined by decree.

      Article 7


      The faculty of voluntary assurance is granted to persons who do not otherwise benefit from the provisions of this Order.
      In this case the contribution is at their expense. The terms of this insurance and in particular the benefits granted are specified by decree in the Council of State.

  • PART II: ORGANIZATION AND PREVENTION
    • Chapter I: Contributions Article 8


      Contributions due to occupational accidents and diseases are the sole responsibility of the employer. They are seated on the remuneration or earnings of employees within the limits of a ceiling fixed by decree.
      Formal contributions may be fixed by ministerial order for certain categories of employees or assimilated.

      Article 9


      For the calculation of the contributions of occupational accidents and diseases, all amounts paid to workers in return for or on the occasion of work, including wages or earnings, paid leave allowances, the amount of deductions for workers' contributions, allowances, bonuses, bonuses and any other cash benefits, benefits in kind, as well as amounts collected directly or through third partiesb
      Salary compensation for a loss of pay induced by a reduction in working time is also considered to be a remuneration, which it takes the form, in particular, of a differential supplement to wages or an increase in hourly wages.
      The remuneration or gain of the persons concerned for the calculation of the occupational deduction work accident contributions may only be effected under the conditions and limits established by interdepartmental order. Workshop fees may also be deducted only under the conditions and limits set by ministerial order.
      The social security benefits paid through the employer will not be included in the remuneration.

      Article 10


      For any insured person who works regularly and simultaneously on behalf of two or more employers, the proportion of contributions to each employer is determined on the prorated basis of the remuneration they paid respectively within the limits of the maxima set out in section 19 of the above-mentioned March 27, 2002 order.
      By derogation from the previous paragraph, the share of contributions to each employer may be determined as if the employee held part-time employment with each employer.

      Article 11


      For the calculation of the contributions of occupational accidents and occupational diseases due to part-time employees, as defined in section L. 212-4-1 of the Labour Code applicable to Mayotte and determined in the light of the ceiling provided for in section 19 of the above-mentioned order of March 27, 2002, the employer shall, at each time of payment of the contributions, make an amount equal to the difference
      An interdepartmental order sets the conditions for the application of this article.

      Article 12


      The rate of contribution due to occupational accidents and occupational diseases is determined annually for each risk category by the social security fund, according to the rules set by decree, to cover its forecast expenses under this order.
      Risks are classified in the different categories by the Social Security Fund, except for the employer's or administrative authority's appeal to the National Court of Incapacity and Costs of Insurance for Industrial Accidents, which determines first and last resort.
      Classification of a risk in a category can be changed at any time. The employer is required to report to the social security fund any circumstance that may aggravate the risks.

      Article 13


      Employers disclose the total amount of wages by risk categories as provided in section 12.

      Article 14


      The social security fund may, on its own or on the proposal of the administrative authority, grant any discounts on the contribution or impose additional contributions under the conditions set by interdepartmental order to take into account, as the case may be, the prevention or care measures taken by the employer, or the exceptional risks posed by the operation, revealed in particular by an offence found under sections L. 610-9 and L. 6
      The additional contribution is due from the date on which exceptional risks were identified above.
      The order referred to in the first paragraph of this section sets out the percentage of the amount of work injury and occupational disease contributions and the minimum share of the product of the additional contributions that must be allocated to the assignment of the dividends or advances provided for in section 20.
      The decision of the Social Security Fund is subject to appeal to the National Court for the inability and pricing of occupational accident insurance.
      In the event of a deficiency of the body, the competent authority of the State may decide, unless appealed to the court.

    • Chapter II: Prevention Article 15


      The role entrusted to the social security fund in the field of the prevention of occupational accidents and diseases by the 6th of the II of Article 22 of the above-mentioned Order of 20 December 1996 is exercised within the framework of the prevention policy defined by the competent authorities of the State.

      Article 16


      The Board of Directors of the Social Security Fund may, for any matters relating to the prevention of occupational accidents and diseases, delegate all or part of its powers to the Technical Committee established pursuant to Article 23 IX of the above-mentioned Order of 20 December 1996.
      When the Board of Directors does not delegate its powers to the Technical Committee, it must consult with the Technical Committee on all matters referred to in the preceding paragraph.

      Article 17


      The Social Security Fund collects, for the various categories of employers, all information to establish statistics on occupational accidents and diseases, taking into account their causes and circumstances, their frequency and effects, including the duration and significance of the resulting incapacities. These statistics are centralized by the National Health Insurance Fund and communicated annually to the competent authorities of the State.
      The Social Security Fund investigates all prevention issues that emerge from the information it holds. The results of these studies are brought to the attention of the National Health Insurance Fund, the competent authorities of the State and, upon request, communicated to the health, safety and working committees or, if not, to the staff delegates.

      Article 18


      The social security fund may carry out any investigations that it deems useful with regard to hygiene and security conditions. These investigations are conducted by consulting engineers and security controllers regularly accredited by the caisse.
      Before they enter office, they sworn, before the court of first instance, not to reveal the secrets of manufacture and, in general, the processes and results of exploitation that they might have known.
      The Social Security Fund shall communicate to the administrative authority the full results of the investigations under the first paragraph and the information available to the administrative authority regarding the risks of occupational accidents and illnesses inherent in the enterprises and in particular those relating to the materials used or products used, the results of the sampling tests carried out by the employees of the caisse and the measures relating to working environments.
      The Labour Inspection and Occupational Medical Inspection Services shall provide the Social Security Fund with the information and documentation that they have and which the Labour Inspectorate requires to conduct the examination of any matter within its jurisdiction.

      Article 19


      The Social Security Fund may:
      1° Invite any employer to take any justified preventive measures, except the employer's recourse to the competent authority of the State that must be seized and must take action within the time limits set by regulation;
      2° Request the intervention of the inspector or labour controller to ensure the application of the measures provided for in the legislation and the regulation of the work applicable to Mayotte;
      3° Adopt general provisions of prevention applicable to all employers who, in Mayotte, operate the same activity or use the same types of machinery or processes. The said provisions come into force only after they have been approved by the competent authorities of the State;
      4° Determine, with a view to preventing certain occupational diseases, on a joint proposal by the Director of Labour and the Director of Public Health of Mayotte, the preventive measures, which are borne by employers, will be made mandatory to workers of the same branch of activity or geographical area.
      Where the social security fund imposes an additional assessment under the provisions of section 14 of this order outside of the offence under sections L. 610-9 and L. 610-11 of the Labour Code applicable to Mayotte, the sending of a preliminary order is not required in the case of the imposition of a higher additional assessment for recidivism within a specified period or for persistence, after the expiry of the specified period,

      Rule 20


      Within a limit set by decree, advances may be granted by the Social Security Fund to companies that subscribe to the terms of the objective agreement, previously approved by the National Health Insurance Fund for Employees and establish a program of prevention actions specific to their branches of activity. These advances may be acquired to businesses under the terms and conditions set out in the agreement.

  • PART III: PRESTATIONS
    • Chapter I: General provisions Article 21


      Benefits to beneficiaries of this Order include:
      1° The coverage of the medical, surgical, pharmaceutical and other expenses or hospitalization, the provision, repair and renewal of the prosthetic and orthopaedic equipment required by the infirmity resulting from the accident, the repair or replacement of those that the accident has rendered unusable, the transportation costs of the victim to his or her habitual residence or to the hospital, including after the decision of These benefits are granted whether or not work is interrupted;
      2° The daily allowance due to the victim during the period of temporary incapacity that obliges him to interrupt his work;
      3° benefits other than rents, due in the event of an accident followed by death;
      4° For victims with permanent incapacity for work, a capital allowance where the incapacity rate is less than a specified rate, annuity beyond, and, in the event of death, annuities due to the beneficiaries entitled to the victim.
      The expenses of the benefits and allowances provided for in this Order are the responsibility of the Mayotte Social Security Fund.

      Article 22


      The rights of the victim or his or her persons entitled to benefits and allowances provided for in this Order shall be prescribed by two years from the date of:
      1° On the day of the accident or termination of the payment of the daily allowance;
      2° In the cases referred to in the first paragraph of section 68 and article 69, respectively, to the date of the first observation by the physician dealing with the modification in the condition of the victim, subject to, in the event of a dispute, the opinion issued by the expert or the date of termination of the payment of the daily allowance allocated for the relapse;
      3° On the day of the victim's death with respect to the application for review under the third paragraph of Article 68;
      4° From the date of healing or consolidation of the injury to a detainee performing criminal work in the event that the victim is not entitled to daily allowances.
      The action of practitioners, pharmacists, medical assistants, suppliers and facilities for the benefits referred to in section 21 is prescribed by two years from the execution of the act or the delivery of the supply, or the date on which the victim left the facility.
      This requirement is also applicable, from the payment of benefits in the hands of the beneficiary, to the action brought by a paying agency in the recovery of unduly paid benefits, except in the case of fraud or misrepresentation.
      The requirements of the preceding three subparagraphs shall be subject to the rules of common law.
      However, in the event of an accident that may result in the recognition of the employer's inexcusable fault or those that he or she has substituted, the two-year limitation to the supplementary compensation claims referred to in sections 72 and below is interrupted by the exercise of the criminal action for the same facts or the action in recognition of the professional nature of the accident.

      Article 23


      The holder of an annuity or an allowance allocated under this order which cannot justify the conditions set out in section 20-6 of the above-mentioned order and the order made for its application shall be entitled, or shall, on condition, however, be entitled, to the extent that the annuity or allowance is at least equal to a minimum rate:
      1° In-kind health insurance benefits, without limitation of duration, for any condition of illness;
      2° In-kind maternity insurance benefits.

      Article 24


      The insured person who is a victim of an occupational injury or illness for which the right to compensation provided for in this order is contested by the social security fund shall, on an interim basis, receive health insurance benefits if he or she justifies the conditions set out in section 20-6 of the above-mentioned order of 20 December 1996. However, if the credit union is found to be well-founded in its appeal, the benefits paid remain to the individual.

    • Chapter II: In-kind benefits Rule 25


      The caisse pays directly to practitioners, pharmacists, medical assistants, suppliers and establishments the amount of services set out in 1° and 3° of Article 21. However, transportation costs may result in a cash reimbursement to the victim. These costs are borne on the basis of the less expensive journey and mode of transport compatible with the recipient's state.

      Rule 26


      The victim retains the free choice of his/her doctor, pharmacist and, where applicable, medical assistants whose intervention is prescribed by the doctor.

      Rule 27


      Fees and incidental fees due by the Social Security Fund to medical practitioners and auxiliaries, on the occasion of care of any kind, the tariff of medicines, analysis fees, laboratory examinations and other pharmaceutical supplies, concerning the beneficiaries of this order, are the applicable rates for health insurance, subject to special provisions fixed by interdepartmental order.
      Medical practitioners and auxiliaries may not apply for fees to the victim who presents the accident sheet provided for in section 63, except in the case of tariff overtaking under the conditions set out in the following paragraph and to the extent of that overtaking.
      A surgeon-dentist, any midwife, any medical assistant who has been or has given his or her personal consent to a type agreement or any registered physician who requests a social insured from the rates above mentioned in section 20-3 of the above-mentioned order may, at the request of an insured person or social security agency, be asked to justify the reasons for this overtaking.
      These justifications are submitted to a commission.

      Rule 28


      The social security fund may not cover the costs of hospitalization, treatment and, where appropriate, the transportation of the victim to a private establishment unless the institution has been authorized under the conditions provided for in articles L. 162-21 and L. 162-21-1 of the Social Security Code.
      Fees and incidental fees to practitioners for care given in the establishments referred to in the preceding paragraph and the rates of hospitalization are set under the conditions for health insurance.
      Victims of occupational accidents may be treated in institutions founded by the social security fund or in mutualist institutions in accordance with the applicable health insurance provisions.

      Rule 29


      The victim is entitled to the supply, repair and renewal of the prosthetic or orthopaedic apparatus necessary for the reason of his infirmity, repair or replacement of those that the accident has rendered unusable, under the conditions prescribed by decree.

      Rule 30


      The victim has the right to receive special treatment for functional rehabilitation. Throughout the period of special treatment for rehabilitation, the victim has the right to the daily allowance provided for in section 34.

      Rule 31


      If, as a result of an occupational accident, the victim becomes unfit to practise his or her profession or can only do so after a new adaptation, he or she has the right, whether or not he or she has benefited from the functional rehabilitation provided for in this order, to be admitted free of charge to a public or private vocational rehabilitation institution or to be placed at an employer's place to learn the exercise of a profession of his or her choice, subject to the conditions of qualification. For this purpose, it undergoes a preliminary psychotechnical examination.
      The daily allowance for the period referred to in section 34 or the annuity shall be maintained in full in rehabilitation. If it is less than the salary received prior to the accident or, if it is higher, the minimum guaranteed inter-professional wage, the employee shall, in the absence of compensation during the re-education period, receive an additional charge of the social security fund, intended to carry that allowance or annuity to the amount of that salary.
      The pension of the re-educated victim cannot be reduced due to the exercise of the new profession.

      Rule 32


      The victim of a work accident is eligible for professional reclassification under the conditions provided by the legislation in force in Mayotte.
      A decree sets out the terms and conditions for the application of section 31 and this article, including the extent to which the social security fund participates in the costs of rehabilitation and reclassification.

      Rule 33


      The period of professional rehabilitation is validated for the calculation of old-age pension rights under section 6 of the above-mentioned order of 27 March 2002.

    • Chapter III: Compensation for Temporary Disability Rule 34


      The working day during which the accident occurred, regardless of the method of payment of the salary, is entirely at the expense of the employer.
      A daily allowance is paid to the victim by the social security fund, starting on the first day following the termination of work following the accident without distinction between working days and Sundays and holidays, during the entire period of incapacity for work that precedes either the complete healing, or the consolidation of the injury or death, as well as in the case of relapse or aggravation provided for in section 69.
      The daily allowance may be maintained in whole or in part in the event of a resumption of a minor work authorized by the attending physician, if this recovery is recognized by the caisse's medical adviser as a means of promoting the healing or consolidation of the injury. The total amount of the continuing allowance and salary cannot exceed the normal wage of workers in the same category or if it is higher, the wage on which the daily allowance was calculated. In the event of overtaking, the allowance is reduced accordingly.

      Rule 35


      The daily allowance is equal to a fraction of the daily wage. The latter shall only take into account within a percentage of the maximum annual remuneration for the old-age insurance contribution count under section 19 of the above-mentioned order dated March 27, 2002.
      The period at which the rate of daily allowance is increased and the terms and conditions for determining the basic daily wage are set by decree.
      In the event of a general increase in wages after the accident and when the interruption of work extends beyond a specified period, the rate of the daily allowance may be reviewed.

      Rule 36


      The daily allowance is limited and segregable only within the limits set out in articles L. 145-1 and following of the Labour Code applicable to Mayotte.

      Rule 37


      The compensation is not payable during the detention, unless the victim was admitted by the judge of the application of the penalties to benefit from one of the measures provided for in article 723 of the Code of Criminal Procedure.

    • Chapter IV: Compensation for Permanent Disability
      • Section 1: Victims Rule 38


        A capital allowance is payable to the victim of a work accident with a permanent disability less than a specified percentage.
        Its amount is based on the victim's disability rate and determined by a lump sum scale established by decree whose amounts are revalued by application of the annual revalorization coefficient referred to in article 13 of the above-mentioned order of 27 March 2002. It is revised when the victim's disability rate increases while remaining below a specified percentage.
        This allowance is paid when the decision has become final. It is incessant and elusive.

        Rule 39


        The rate of permanent disability is determined on the basis of the nature of the disability, the general condition, age, physical and mental faculties of the victim and on the basis of his or her skills and professional qualification, taking into account an indicative disability scale.
        When the permanent disability is equal to or greater than a minimum rate, the victim is entitled to an annuity equal to the annual salary multiplied by the disability rate that may be reduced or increased depending on the severity of the disability.
        In the event that permanent incapacity is equal to or greater than a minimum rate and requires the victim, in order to perform the ordinary acts of life, to resort to the assistance of a third person, the amount of the pension is increased. In no case may this increase be less than a minimum amount affected by the revalorization coefficients established under the conditions set out in section 13 of the above-mentioned order of 27 March 2002.

        Rule 40


        Apart from the cases provided for in sections 44 and 55, the pension allocated to the victim of the accident may be replaced in part by a capital but only under conditions fixed by decree and according to a tariff fixed by ministerial order.
        Capital can be converted to a life annuity. The conditions of this conversion are set by decree.
        The life annuity resulting from the conversion provided for in the second paragraph of this section, as well as the reversion annuity paid to the spouse, shall be revalued under the conditions provided for in section 53.

        Rule 41


        The redemption or annuity conversions provided for in section 40 may only occur after the detainee's final release, a victim of a work accident.

      • Section 2: Entitlements Rule 42


        In the event of an accident followed by death, a pension is served, from death, to persons and under the conditions mentioned in the following articles.

        Rule 43


        Subject to the provisions of the following subparagraphs, a spouse or concubine or a person bound by a civil covenant of solidarity shall be entitled to a life annuity equal to a portion of the annual salary of the victim, provided that the marriage has been contracted, the civil covenant of solidarity concluded or the situation of concubinage established prior to the accident or, if not, that they have been for a period determined on the date of death. However, these conditions are not required if the spouses, concubins or partners of the civil solidarity pact have had one or more children.
        When there has been separation of body or divorce, the surviving spouse or ex-spouse is entitled to the life annuity only if he has received maintenance. The life annuity, reported to the amount of the pension, cannot exceed a fraction of the annual salary of the victim below that provided for in the absence of divorce or separation of body.
        If a new victim's spouse exists, the life annuity to which the victim is entitled cannot be less than a minimum.
        The spouse sentenced for abandonment of the family is deprived of all his rights under this order. The same is true for those who have been completely fallen from the exercise of parental authority, except in the latter case, to be reinstated in their rights if they have just been returned to parental authority. The rights of the fallen spouse are transferred to the head of the children and descendants referred to in Article 45.
        Subject to the provisions of section 44, the surviving spouse is entitled to an additional pension equal to a portion of the victim's annual salary when he or she reaches a specified age or, before that age, as long as he or she is incapacitated for general work. The minimum percentage and minimum duration of this disability are set by decree.

        Rule 44


        In the event of a new marriage, the surviving spouse ceases to be entitled to annuity. In such a case, it shall be allocated an amount equal to the arrears of the annuity calculated on the basis of the rate in force on the date of marriage and for a specified period.
        However, if the surviving spouse has children, he retains the right to annuity, whose redemption will be deferred, as long as one of them has an orphan pension under section 45.
        In the event of separation of bodies, divorces or new widows, the surviving spouse shall recover his right to annuity, subject to the following reserves:
        1° If the recovery of the annuity takes effect before the expiry of the period referred to in the first paragraph of this article, the annuity shall be reduced from the amount already allocated under the same paragraph for the remaining portion of that period;
        2° If the surviving spouse receives an annuity, annuity or annuity, annuity or allowance, pursuant to any of the provisions of the social security legislation applicable to Mayotte or any of the plans provided for in section 6, or if the surviving spouse receives, due to a separation of body or divorce, the amount of the benefit that the surviving spouse benefits is imputed to that of the surviving spouse pension.

        Rule 45


        Legitimate children, natural children whose filiation is legally established and adopted children are entitled to an annuity up to a limiting age. This age limit may be noted for children who are placed in apprenticeships, who are continuing their studies, who are looking for a first professional activity and registered as job seekers with the National Employment Agency in accordance with the provisions of the first paragraph of Article L. 326-2 of the Labour Code applicable to Mayotte or who, as a result of chronic infirmities or illnesses, are in the permanent impossibility to surrender to work.
        The annuity is equal to a fraction of the annual salary of the larger victim when children are orphaned as a father and mother at the time of death, or later become a child, only when the father or mother still lives. This pension increases with the number of child beneficiaries.
        Allowed annuities are collective and reduced as orphans reach the age limit applicable to them.
        If there are children of multiple beds, each category is treated separately with respect to the above provisions.
        The other descendants of the victim and the children collected by the victim, if both are deprived of their natural support and thus fallen to their care, benefit from the same benefits as the children mentioned in the preceding paragraphs.

        Rule 46


        The annuity provided for in section 45 shall be paid to the father or mother, guardian or person who has custody of the child.

        Rule 47


        In the event that a child who has an annuity under section 45 is raised under clearly defective conditions of feeding, housing and hygiene or where the amount of that annuity is not used in the interest of the child, the juvenile judge may order that the annuity be in whole or in part, paid to a qualified natural or legal person, known as a social benefit guardian.

        Rule 48


        Each of the ascendants receives a life annuity equal to a fraction of the victim's annual salary, if it reports the evidence:
        1° In the event that the victim had neither a spouse nor a child in the terms of the above provisions, he could have obtained a maintenance from the victim;
        2° In the event that the victim had a spouse or a child, he was in charge of the victim.
        The expected condition must be met either on the date of the accident or, if more favourable, on the date of the victim's death.
        The benefit of these provisions may not be granted to the ascendant who has been found guilty of abandonment of family or who has been completely deprived of parental authority.

        Rule 49


        The total of annuities allocated under section 48 cannot exceed a fraction of an annual salary according to which they were established. If this quotity is exceeded, the annuity of each ascendant is reduced proportionally.
        The total rents allocated under this section to all persons entitled to the victim shall not exceed a fraction of the annual salary according to which they have been established. If their total exceeds this quotity, annuities returning to each class of eligible persons are subject to a proportional reduction.

        Rule 50 Learn more about this article...


        In the case where the victim is polygamous, the rents referred to in sections 43 and 45 are distributed by the social security fund, without their total being greater than that which would be if the victim was monogamous.

        Rule 51


        Annuities due to victims with permanent incapacity equal to or greater than a minimum rate or in the event of death to their eligible persons are calculated on the basis of the victim's annual salary.
        The basic salary for the calculation of the annuity is determined in accordance with the terms established by decree.

        Rule 52


        Annuity due to the right of the victim of a mortal accident or to the victim of an accident that resulted in a reduction of capacity equal to or greater than a minimum rate may not be calculated on an annual salary less than a minimum determined by the revalorization coefficients established for old-age pensions by the orders made under section 13 of the above-mentioned order of 27 March 2002.
        In all cases where sections 42 et seq. determine on the basis of the annual salary an individual or collective pension, or the limit assigned to all annuities due to a victim's rights, the annual salary is the reduced salary, if any, by applying the following paragraph.
        In the case of the victim of the accident, regardless of the reduced capacity, if his annual salary is greater than the minimum wage determined in the preceding paragraph, the calculation of the annuity shall be carried out in a degressive formula, the terms and conditions determined by decree.

        Rule 53


        The revalorization coefficients set for old-age pensions by the orders made under section 13 of the above-mentioned order of 27 March 2002 shall apply to annuities referred to in section 51 and are allocated for repair of accidents prior to the date fixed by the said orders.

        Rule 54


        Annuities served under this order are incessant and elusive.

        Rule 55


        Foreign workers who are victims of accidents that cease to reside in Mayotte receive a capital equal to a multiple of the annual amount of their pension.
        The same is true for foreign beneficiaries who cease to reside in Mayotte, but the capital may then exceed the value of the annuity based on the rate resulting from this order.
        Foreign rights holders of a foreign worker shall not receive compensation if, at the time of the accident, they do not reside in Mayotte.
        However, the provisions of the three preceding paragraphs may be amended by international treaties or conventions, within the limits of the allowances provided for in this Order.

    • Chapter V: Funeral Fees Rule 56


      In the event of an accident followed by death, the funeral expenses are paid by the social security fund within the limits of the costs exposed and without the maximum amount determined by interdepartmental order.

      Rule 57


      The social security fund shall bear the body's transportation costs instead of burial in Mayotte requested by the family to the extent that these expenses are either exposed in full or increased as the victim has left her residence at the request of her employer to be hired or the death occurred during a trip for her work outside of her residence. Such transportation costs are established under conditions established by decree.

    • Chapter VI: Common provisions for cash benefits Rule 58


      Any unjustified delay in payment either of the daily allowance, or of the capital allowance, or annuities, shall open to creditors the right to an offence pronounced by the court of first instance.
      The period from which the offence can be pronounced and the periodicity and the rate of it are fixed by decree.

    • Chapter VII: Joint Labour Accident Fund in Metropolitan France Rule 59


      The compensation for accidents governed by this Order shall be borne entirely by the Social Security Fund without giving rise to the intervention of the Joint Industrial Accident Fund in metropolis.

  • TITRE IV : PROCEDURES - REVISION - RECHUTE - ACCIDENTS SURVENUS HORS DU TERRITOIR DE LA COLLECTIVITÉ DE MAYOTTE
    • Chapter I: Statements and formalities Rule 60


      The victim of an accident at work must, within a specified time limit, except for the case of force majeure, absolute impossibility or legitimate reasons, inform or inform the employer or any of its employees.

      Rule 61


      The employer or one of his or her employees must report any accident that he or she has been aware of at the social security fund in a specified manner and within a specified period of time.
      The return to the body may be made by the victim or his or her representatives until the second year after the accident expires.

      Rule 62


      As soon as she was aware of an accident at work by any means, the social security fund is required to make the necessary findings.
      Notice of the accident is given immediately by the body to the work inspector responsible for the supervision of the company or to the employee who exercises its powers under special legislation.

      Rule 63


      The employer is required to issue an accident sheet required for compensation under this order.
      The terms and conditions for the issuance and use of this document are set by decree.

      Rule 64


      The practitioner shall, in duplicate, establish a certificate indicating the status of the victim and the consequences of the accident or possible consequences, in particular the likely duration of the work disability, if the consequences are not exactly known. He directly addresses one of these certificates to the social security fund and gives the second to the victim.
      When healing the wound without permanent incapacity or, if there is permanent incapacity, at the time of consolidation, a medical certificate indicating the final consequences, if they were not previously found, is established in duplicate. One of the certificates is sent by the care of the practitioner to the social security fund, the second is given to the victim, as well as all the documents used in the establishment of the certificate.
      In addition to emergency cases, a failure of the practitioner to comply with the foregoing provisions, the credit union and the victim or his or her beneficiaries, in the case provided for in the second paragraph of section 27, are not liable for fees.

    • Chapter II: Investigations - Expertises - Controls - Miscellaneous Provisions Rule 65


      The social security fund shall, if the persons entitled to the victim request it or with their agreement if it considers it useful to the manifestation of the truth, request the court of first instance to carry out the autopsy in the conditions provided for in Articles 232 et seq. of the new Civil Procedure Code. If the victim's right-handed persons object to the autopsy requested by the body, they must demonstrate the causal link between the accident and the death.

      Rule 66


      The social security fund sets the date of recovery or consolidation of the injury according to the opinion of the treating physician or, in the event of disagreement, according to the expert's opinion.

      Rule 67


      The travel costs of the victim or his or her rightful persons, who are required to meet the summons of the consulting physician or to submit to an expertise, control or treatment under this book, are the responsibility of the social security fund. They are paid on the basis of the less expensive journey and mode of transport compatible with the recipient state.
      The fees due, in the cases mentioned in the first paragraph of this article, to the attending physician, the expert doctor or the specialist doctor, as well as their travel expenses are borne under the same conditions according to a tariff fixed by decree in the Council of State.
      The court of first instance may charge the victim or his or her persons entitled all or part of the fees and expenses corresponding to the examinations and expertise prescribed in their application, where their contestation is manifestly abusive.

    • Chapter III: Revision - Relapse Rule 68


      Subject to the provisions of the second paragraph of this article, any modification in the condition of the victim, whose first medical observation is after the date of apparent healing or consolidation of the injury, may result in a new fixation of repairs.
      This new fixation may take place at any time for a specified period following the recovery or consolidation of the injury. After the expiry of this period, a new fixing of the awarded repairs can only be made at intervals whose duration cannot be less than a time limit fixed under the same conditions. These delays remain even if medical treatment is ordered. The intervals may be decreased by mutual agreement.
      In the event of the victim's death as a result of the consequences of the accident, a new fixing of the compensation awarded may be requested by the victim's beneficiaries, as referred to in sections 42 and below.
      In the event that the victim had been admitted to the third paragraph of section 39 and, on the date of his death, had been held, for at least one period fixed by decree, of the increase for assistance of a third person, the death is presumed to result from the consequences of the accident for appreciation of the application of the person entitled to whom it warrants having effectively provided such assistance to the victim during the same period. If the body fails to provide proof to the contrary, the imputability of the death to the accident is deemed to be established with respect to all eligible persons.
      A decree in the Council of State sets out the conditions for the application of this article with regard, in particular, to the medical control to which the victim is obliged to submit and to the deprivations that may be applied in the event of refusal.

      Rule 69


      If the aggravation of the injury results in the need for medical treatment for the victim, whether or not there is a new temporary incapacity, the body decides on the treatment of the relapse.

    • Chapter IV: Accident outside Mayotte Rule 70


      A decree in the Council of State determines the specific provisions applicable to accidents outside the Mayotte community.

  • TITRE V : FAVOUR OF THE ASSURED OR OF A TIERS
    • Chapter I: General provisions Rule 71


      Subject to the provisions set out in articles 72 to 75, no action for the compensation of accidents and diseases referred to in this Ordinance shall be carried out in accordance with the common law, by the victim or his or her rightful persons.

    • Chapter II: Inexcusable or intentional failure of the employer Rule 72


      Where the accident is due to the inexcusable fault of the employer or those substituted in the direction, the victim or his or her eligible persons are entitled to additional compensation under the conditions set out in the following sections.

      Rule 73


      In the case referred to in section 72, the victim or his or her eligible persons shall receive an increase in the allowances payable under this order.
      Where a capital allowance has been awarded to the victim, the amount of the increase may not exceed the amount of that allowance.
      When an annuity has been allocated to the victim, the amount of the increase is fixed so that the increased annuity allocated to the victim cannot exceed, i.e. the fraction of the annual salary corresponding to the reduction of capacity, or the amount of that salary in the case of total disability.
      In the event of an accident followed by death, the amount of the increase is fixed without the total amount of rents and increases served to all eligible persons to exceed the amount of the annual salary; where the annuity of a entitled person ceases to be due, the amount of the increase corresponding to the last annuity or annuities served shall be adjusted to maintain the overall amount of the annuities as originally determined; in the case where the surviving spouse recovers his or her right to annuity under the third paragraph of section 44, the increase he or she received shall be restored to his or her benefit.
      The annual salary and the increase referred to in the third and fourth paragraphs of this section shall be subject to the revalue provided for annuities under section 51.
      The increase is paid by the social security fund, which recovers the amount by the imposition of a supplementary contribution whose rate and duration are fixed by the credit union, in agreement with the employer, except appeal to the competent social security court under section 27 of the above-mentioned order of 20 December 1996.
      The additional contribution thus provided may not be collected beyond a certain period of time and its rate exceeds, nor a fraction of the employer's normal contribution, nor a fraction of the basic salary for that assessment.
      In the case of disposal or termination of the enterprise, the capital corresponding to the arrears to be echoed is immediately payable.

      Rule 74


      Regardless of the increase in annuity received under section 73, the victim has the right to apply to the employer, before the social security court, for compensation for the damage caused by the physical and moral suffering caused by the victim's suffering, its aesthetic damage and approval, as well as for the damage resulting from the loss or reduction of the opportunities for professional promotion. If the victim has a permanent disability rate of 100%, he or she is also awarded a lump sum allowance equal to the amount of the legal minimum wage in effect on the consolidation date.
      Similarly, in the event of an accident followed by death, the persons entitled to the victim referred to in sections 42 et seq., as well as the ascendants and descendants who are not entitled to an annuity under the said sections may apply to the employer for compensation of the moral prejudice before the aforementioned jurisdiction.
      The compensation for these damages is paid directly to the beneficiaries by the social security fund who recovers the amount from the employer.

      Rule 75


      In the absence of an amicable agreement between the social security fund and the victim or his or her beneficiaries on the one hand, and the employer on the other hand, on the existence of the inexcusable fault charged to the latter, as well as on the amount of the increase and allowances referred to in section 74, it is the jurisdiction of the competent social security, seized by the victim or his or her beneficiaries, or by the social security fund. The victim or his or her rightful persons must call the body in a statement of mutual or mutual judgment.
      The author of the inexcusable fault is responsible for his personal heritage for the consequences of it.
      The employer may ensure against the financial consequences of its own inexcusable fault or the fault of those that it replaced in the direction of the company or institution.
      When the accident is due to the inexcusable fault of an employer guaranteed by insurance, the social security fund may impose on the employer the additional contribution referred to in section 14. The product is allocated to the National Fund for the Prevention of Industrial Accidents and Occupational Diseases.
      The payment of the additional contributions provided for in section 73 and, in the case of assignment or termination of the undertaking, the payment of the capital referred to in the same section shall be guaranteed by privilege under the terms and conditions set out in section 102 of this order.

      Rule 76


      If the accident is due to the intentional fault of the employer or one of its attendants, the victim or his or her eligible persons shall retain the right to seek compensation for the damage caused, in accordance with the rules of common law, to the extent that the injury is not repaired under this order.
      The social security fund shall be required to provide the benefits and allowances referred to in this order to the victim or his beneficiaries. The credit union shall be entitled to bring an action against the perpetrator of the accident in respect of the amounts paid by the accident.
      In the case set out in this section, the social security fund may impose on the employer the additional contribution referred to in section 14.

    • Chapter III: Inexcusable or intentional failure of the victim Rule 77


      No benefit or compensation under this Order shall be payable to the accident resulting from the intentional fault of the victim. This may apply to benefits in kind of health-care insurance that may be due under the above-mentioned Order of 20 December 1996.
      When setting the annuity, the board of directors of the social security fund may, if it considers that the accident is due to an inexcusable fault of the victim, decrease the annuity provided for in Part III of this order, unless the beneficiary is appealed to the competent court.
      When the accident was intentionally caused by one of the victim's rights holders referred to in sections 42 et seq., the victim is deprived of all his rights under this order. These rights are transferred to the head of the children and descendants referred to in Article 45, or, if not, to the head of the other entitled persons.

    • Chapter IV: Lack of a third Rule 78


      If the injury to the social insured is attributable to a person other than the employer or his or her employees, the victim or his or her eligible persons shall retain the right against the perpetrator of the accident to seek compensation for the damage caused, in accordance with the common law, to the extent that the injury is not repaired by application of this order.
      The social security fund shall be required to provide the benefits and allowances provided for in this order to the victim or his or her persons entitled to the benefit and allowances provided for in this order, except on their part against the perpetrator responsible for the accident, under the following conditions.
      If the third party's liability for the accident is complete or if it is shared with the victim, the social security fund is allowed to continue the reimbursement of compensation paid to the victim on the part of compensation paid to the third party who repairs the injury to the physical integrity of the victim, excluding the share of compensation, personal damage, corresponding to the physical or moral damages suffered by the victim. Similarly, in the event of an accident followed by death, the share of compensation corresponding to the moral prejudice of the persons entitled to their residence.
      In addition to the case where the credit union is referred to as a common judgment statement in accordance with the following provisions, the application of the credit union with respect to the responsible third party shall be carried out as a matter of amicable priority.
      The victim, health institutions, the responsible third party and its insurer are required to inform the body of the injury caused by a third party under the conditions set by decree. The lack of awareness of the credit union's obligation of information by the insurer of the responsible third party results in the increase of 50% of the lump sum allowance referred to below under the conditions determined by the same decree.
      If the liability of the third party is shared with the employer, the credit union may only continue a refund if the allowances due by the employer under this order exceed those that would have been paid by the employer under the common law.
      In the event that annuities under 4th of Article 21 are less than compensation of the same nature due to the victim or his or her beneficiaries by application of the provisions of this Article, the additional annuities may be allocated in the form of capital.

    • Chapter V: Miscellaneous provisions Rule 79


      If the accident on which the worker is a victim under the conditions set out in section 3 is caused by the employer or his or her employees or more generally by a person belonging to the same company as the victim, the provisions of sections 78 and 81 are applied against the perpetrator responsible for the accident.

      Rule 80


      The victim or his or her rightful persons and the social security fund may avail themselves of the provisions of sections 78 and 81 when the accident described in section 3 occurs on a highway open to public traffic and involves an engine-driven vehicle driven by the employer, a worker or a person belonging to the same company as the victim.
      The supplementary compensation provided for in the first paragraph is governed by the provisions of the above-mentioned order of 1 October 1992.

      Rule 81


      If criminal proceedings are instituted in the cases provided for in articles 72 to 78, the evidence shall be communicated to the victim or to his or her rightful persons. The same right belongs to the employer and the social security fund.
      In the case provided for in sections 72 to 76, the social security fund shall communicate to the victim or his or her beneficiaries on their application, the full results of the investigation and all the information available to it.
      In the cases provided for in articles 72 to 78, the victim or his or her rightful persons shall call the social security fund in a statement of mutual or mutual judgment.
      The victim is entitled to claim the rights resulting from the compensation action formed in accordance with sections 76 and 78 by priority on the social security fund with respect to his repayment action.

      Rule 82


      The victim of an accident at work, who requests it, has the right to obtain a report of inquiry that may be prepared by the social security fund, without any reasons derived from the secret of private life or from the secret of industrial and commercial matters, which relate exclusively to personal facts, may be opposed to it.

  • PART VI: PROFESSIONAL MALADIES Rule 83


    The provisions of this Order shall apply to diseases of occupational origin subject to the provisions of this Title. With respect to occupational diseases, the date on which the victim is informed by a medical certificate of the possible link between his or her illness and a professional activity is assimilated on the date of the accident.
    Is presumed to be of professional origin any disease designated in a table of occupational diseases and contracted under the conditions mentioned in this table.
    If one or more conditions for the period of care, the duration of exposure or the limiting list of work are not met, the disease as referred to in a table of occupational diseases may be recognized from professional origin when it is determined that it is directly caused by the usual work of the victim.
    Can also be recognized from a professional origin a disease characterized not in the occupational disease table when it is determined that it is essentially and directly caused by the usual work of the victim and that it results in the death of the victim or a permanent incapacity of a rate assessed under the conditions referred to in section 39 and at least equal to a specified percentage.
    In the cases referred to in the preceding two paragraphs, the social security fund recognizes the professional origin of the disease after the reasoned advice of a regional committee for the recognition of occupational diseases. The composition, functioning and territorial jurisdiction of this committee and the elements of the record in which it renders its opinion are determined by decree. The opinion of the committee shall apply to the caisse under the same conditions as those set out in Article L. 315-2 of the Social Security Code.

    Rule 84


    Decrees stop the tables that list the morbid manifestations of acute or chronic poisoning presented by workers exposed in an usual way to the action of the harmful agents mentioned in these tables, which give an indicative list of the main works involving the manipulation or use of these agents. These morbid manifestations are presumed of professional origin.
    Special tables list microbial infections that are presumed to have a professional origin, when the victims were usually occupied with the work limited by these tables.
    Other tables may determine presumed affections as a result of a particular atmosphere or attitude required by the execution of work limited to listed.
    The tables mentioned in the preceding paragraphs may be revised and supplemented by decrees made after advice from the Higher Council for Occupational Risk Prevention. Each decree sets the date from which the amendments and additions to the tables are implemented. By derogation from the provisions of the first paragraph of section 83, these amendments and additions are applicable to victims whose illness has been the subject of a medical certificate indicating a possible link between his illness and a professional activity between the date provided for in section 1 of this order and the date of entry into force of the new table, without the benefits, allowances and annuities so granted being effective prior to that entry into force. These benefits, allowances and annuities replace the other benefits granted to the victim for the same social insurance illness in the future. In addition, it will be taken into account, as appropriate, the amount of compensation granted under the common law, which may be revalued, under the conditions set by decree.
    From the date on which a worker has ceased to be exposed to the action of the harmful agents listed in the above tables, the social security fund shall, under the provisions of the second paragraph of section 83, take charge of the diseases corresponding to these tables only if the first medical observation occurs during the period specified in each table.

    Rule 85


    The provisions of the fourth paragraph of Article 84 to the extent that they derogate from the provisions of the first paragraph of Article 83 are applicable exclusively to diseases subject to tables published after 1 January 2010.
    The benefits, allowances and annuities, if any, are substituted for the benefits granted to the victim for the same social insurance illness. In addition, it is taken into account, where appropriate, compensation granted under common law.

    Rule 86


    Any employer who uses work processes that may cause occupational diseases referred to in section 84 is required, under the conditions provided by decree, to make a statement to the social security fund and to the labour inspector or to the employee who performs the duties under special legislation.
    Failure to report may be found by the Labour Inspector or the above-mentioned employee, who must inform the Social Security Fund.

    Rule 87


    Any occupational illness that is required to be repaired pursuant to this order must be declared, by the care of the victim, to the social security fund within a period determined by decree, even if it has already been brought to its knowledge in accordance with the health insurance legislation applicable to Mayotte.
    In the case provided for in the fourth paragraph of Article 84, a longer period of time shall be established from the date of entry into force of the new table annexed to the Order in Council.
    The practitioner shall prepare a triple copy and give the victim a certificate indicating the nature of the disease, including the manifestations referred to in the tables and found as well as the likely sequences. Two copies of the certificate must complete the statement referred to in the first paragraph, the form of which was determined by ministerial order.
    A copy of this statement and a copy of the medical certificate shall be forwarded immediately by the Social Security Fund to the Labour Inspector responsible for the supervision of the company or, where applicable, to the employee who exercises the duties of the employee under special legislation.
    Without prejudice to the provisions of the first paragraph of Article 83, the limitation period provided for in Article 22 shall be short of the termination of work.

    Rule 88


    For both the prevention of occupational diseases and a better knowledge of professional pathology and the extension or revision of the tables, it is mandatory for any doctor in medicine who may know its existence, including occupational doctors, the declaration of any symptom of toxic impregnation and any disease, when they have a professional character and appear on a list established by interdepartmental decree, after the advice of the Council
    It must also declare any symptoms and illness not included in this list but which, in its opinion, have a professional character.
    The declaration provided for in the two preceding paragraphs shall be prepared and transmitted in accordance with the terms established by decree.

    Rule 89


    Orders may provide special provisions for the application of this order to certain occupational diseases.

    Rule 90


    A special allowance shall be granted to the worker affected:
    1° Pneumoconioses following the inhalation of mineral dust containing crystalline silica;
    2° Occupational conditions resulting from the inhalation of asbestos dust;
    3° Professional siderose,
    where the change of employment is necessary to prevent a worsening of the condition and the conditions required are not met by the employee to benefit from an annuity.

  • PART VII: SANCTIONS AND CONTENTS Rule 91


    Contraventions to the provisions of section 61 and the first paragraph of section 63 may be found by labour inspectors.
    The social security fund may continue with employers or their employees who have contravened these provisions the reimbursement of all expenses incurred during the accident.
    In addition, the credit union shall continue with the employer of any foreign person working or working on behalf of the employer, without meeting the conditions of regularity of stay and work in Mayotte as defined in section 5, the reimbursement of all expenses it incurred for that person under this order.

    Rule 92


    Is punished with a fine of EUR 12,000:
    1° Any intermediary who, with agreed relief in advance, shall provide compensation and benefits to victims of accidents or their beneficiaries under this Order;
    2° Any employer who has made deductions for accident insurance on the employee's salary.

    Rule 93


    A fine of EUR 3,750 is imposed on anyone who is guilty of fraud or misrepresentation to obtain or attempt to obtain benefits or repairs that are not due, without prejudice to the higher penalties resulting from the application of other laws.

    Rule 94


    It is punishable by a fine of EUR 12,000 and a three-month imprisonment for anyone, by threats, donation, promise of money, discount on medical fees or pharmaceutical supplies, will have attracted or attempted to attract victims of occupational accidents or occupational diseases to a clinic or medical or pharmacy clinic or clinic and will have affected the victim's freedom to choose his doctor and pharmacist.
    The same penalties shall be punished, without prejudice to those provided for in sections 441-7 and 441-8 of the Criminal Code, with any physician knowingly disinjuring the consequences of the accident or illness in the certificates issued for the purposes of this order.
    It is punishable by the same penalties, without prejudice to those provided for in sections 434-13 to 434-15 of the Criminal Code, anyone who, by promises or threats, has influenced or attempted to influence a person witnessing a work accident as a result of altering the truth.

    Rule 95


    Without prejudice to the penalties set out in section 93 and the higher penalties resulting from other laws, the beneficiary of a functional rehabilitation is liable to reimbursements of the amounts that he would have unduly received as a result of any inaccurate or incomplete declaration.

    Rule 96


    Employers other than the State, whether they are private or public, and self-employed persons are required to receive the agents mentioned in the XII of Article 23 of the above-mentioned Order of 20 December 1996, as well as the consulting engineers and security controllers regularly accredited by the Social Security Fund. Objections or obstacles to such visits or inspections are subject to the same penalties as those provided for in the Labour Code applicable to Mayotte with respect to the inspection of work.

    Rule 97


    The employer or the self-employed person who has not complied with the requirements of this order shall be prosecuted before the Court of First Instance, either at the request of the Public Prosecutor's Office, possibly at the request of the Minister for Social Security or the Director of Health and Social Affairs of Mayotte, or at the request of any interested party, including the Social Security Fund.

  • PART VIII: OTHER AND FINAL PROVISIONS Rule 98


    Industrial accidents and occupational diseases in Mayotte prior to January 1, 2008, as well as their aftermath, continue to be regulated by the legislation and regulations then applicable to these accidents and diseases.

    Rule 99


    By derogation from the provisions of section 98, persons residing in Mayotte who, as a result of an employment accident or occupational illness found in the Overseas Territory of the Comoros or in the territorial or departmental community of Mayotte, are entitled to an annuity served under the legislation and regulations then in force in that territory or community, as of January 1, 2008, to receive annuities provided for in the order

    Rule 100


    As of January 1, 2008, the authorizations given on the basis of the provisions previously applicable to Mayotte are repealed, under which employers directly bear the total or partial burden of repairing occupational accidents and diseases.
    However, employers' contracts with insurance companies under the same provisions continue to run to the end they provide.

    Rule 101


    Any agreement contrary to this order is void of full right.
    The obligations for the remuneration of their services to intermediaries who are responsible shall be null and void in full and void, with advance notice of payment of compensation to victims of accidents or their beneficiaries for the benefit of the benefits and allowances provided for in this Order.

    Rule 102


    The payment of the additional contributions and capital referred to in the last paragraph of Article 75 shall be guaranteed for one year from the date on which it is due by a lien on the debtor's movable property, which privilege shall be placed concurrently with that of the persons of service and that of the employees established by Article 2331 of the Civil Code and the articles of Section 2 of Chapter III of Book I of the Labour Code applicable to Mayotte.
    This payment is also guaranteed, effective 1 January 2008, by a legal mortgage in accordance with the applicable land advertising requirements.

    Rule 103


    Regulatory provisions determine, as appropriate, the terms and conditions for the application of this Order. Unless otherwise provided, they are taken by decree in the Council of State.

    Rule 104 Learn more about this article...


    Subject to the provisions of section 98 and the second paragraph of section 100 of this Order, Decree No. 57-245 of 24 February 1957 on the repair and prevention of industrial accidents and occupational diseases in the Overseas Territories is, as it applies to Mayotte, repealed effective 1 January 2008.

    Rule 105


    The Prime Minister, the Minister of Economy, Finance and Industry, the Minister of Health and Solidarity and the Minister of Overseas are responsible, each with respect to him, for the application of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, December 13, 2006.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

Minister of Health and Solidarity,

Xavier Bertrand

Minister of Economy,

finance and industry,

Thierry Breton

The overseas minister,

François Baroin


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