Labour law

The law firm GIACCARDI & BREZZO Avocats advises and represents mainly companies and their managers, notably:

• Social impact of restructuring

• Staff representation

• Responsibility of the company director and delegation of authority

• Health and safety conditions at the workplace

• Hiring formalities

• Complex employment contracts

• Mobility, secondment

• Daily advice to companies for the application of labor law

• Accidents at work and compensation

• Implementation of teleworking

• Social litigation

Monegasque labour law

Labour law in Monaco is mainly governed by Law No.729 on employment contract of 16 March 1963, Law No.739 on salary of 16 March 1963, Law No.845 of 27 June 1968 on dismissal or layoff compensation, Ordinance-Law No.677 of December 2, 1959 on working time, Law No.629 of 17July 1957 on hiring and dismissal conditions, national collective employment agreements.

The Law No.1.429 of 4 July 2016 has modernised the Monegasque Labour Law, by introducing the teleworking. It will be shortly applicable to nearly 83 % of employees in the Monegasque private sector (teleworking from Monaco, France or Italy).

It should be noted that the concerted organisation of working time was recently introduced into Ordinance-Law No. 677 of 2 December 1959 on working hours (by Law No. 1.505 of 24 June 2021).

The Law No. 1.451 of 4 July 2017 has globally reformed the occupational health (Law No. 637 of 11 January 1958 relating to the creation and organization of the occupational health, Law No. 1.348 of 25 June 2008 on the reclassification of employees declared unable to work), in order to adapt it to the new realities of the prevention of occupational risks and the protection of the health of workers (“Office de la médecine du travail”, examination and medical follow-up, medical incapacity).

The Law No. 1.457 of 12 December 2017 expressly prohibited harassment, sexual blackmail and workplace violence in the private and public sectors, subject to disciplinary, civil and criminal penalties. The employer must prevent the occurrence of these behaviours and put an end to them.

The Law No. 1.410 of 2 December 2014 governs the status of disabled workers in accordance with the provisions of the United Nations Convention on the Rights of Persons with Disabilities of 13 December 2006.

Recently, Law No. 1.471 of 2 July 2019 opened the possibility for retail stores to derogate from the principle of Sunday rest within the limit of 30 Sundays per year and per employee. The objective is to make the Principality more attractive and to enable the retail stores to face regional competition.

It should be noted that since Law No. 1.482 of 17 December 2019 for a Digital Principality and its application texts, the dematerialisation of pay slips is possible, unless the employee objects.

Moreover, Law No 1.481 of 17 December 2019 on civil solidarity contracts (CCS) [contrats civils de solidarité], which introduced the common life contract (CVC) [contrat de vie commune] and the cohabitation contract (CDC) [contrat de cohabitation] into Monegasque law, has implications in terms of employment and work (eligibility for the status of staff delegate, order of priority in hiring, exceptional absences, etc.).

In some ways, labour law in Monaco is very specific and is less regulated that in France. Employment contracts are mainly ruled by ordinary laws that applies to any contract, but also by some specific provisions arising out of Law No.729 on employment contract of 16 March 1963. Work permit requirements and the hiring priority system are other important characteristics that apply to Monegasque employment contracts.

Overall, Monegasque labour law, compared to French law, offers more possibilities for contractual negotiations. Given the limited number of texts applicable in the discipline, case law holds an important place.

Contrary to France, the labour court is not equally represented: it is composed of two employees, two employers and a professional judge.

Labour litigations, as any other Monegasque litigations, face private international law matters since labour contracts often includes foreign elements. Before moving to teleworking, it is essential to become better acquainted with the new legal environment.

Law No. 1.448 of 28 June 2017 on private international law determines the jurisdiction of the Monegasque courts for individual labour contracts, and the law applicable to them in the absence of choice made by the parties.