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 (already applicable with French residents, and in the future, with Italian residents).

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.

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.

 

Delphine
SOLEILHAVOUP

Our related publications

Sentence Law Reform

11/2019 Act No. 1.478 of 12/11/2019 amending certain provisions relating to sentences, published in the Journal de Monaco on 15/11/2019, is the result of Bill No. 984, which incorporated Bill No. 224 on work in the public interest of the National ...

Circular No. 2019-9 of 30 August 2019 of the Labour Direction concerning the fight against harassment and violence at work

Journal de Monaco, No. 8450, 06/09/2019. Reminders of the Direction du travail concerning the regime introduced by Act No. 1.457 of 12 December 2017 on harassment and violence at work, which "supplements the existing legislative and jurisprudentia...

Opening of retail stores on Sundays

07/2019 Law No. 1.471 of 2 July 2019 amending Law No. 822 of 23 June 1967 on weekly rest, as amended, is the result of Draft Law No. 979, passed by the National Council on 24 June 2019. The scheme aims to make the Principality more attractive a...

Draft law No. 994 amending Law No. 1.383 of 2 August 2011 on Digital Economy

The planned, long awaited and far-reaching reform, with major challenges for local professionals, is part of the Principality's economic development strategy. Draft law No. 994 amends: • Law No. 1.383 on Digital Economy, amended (e-commerce,...

70th anniversary of the Council of Europe: Declaration by the Committee of Ministers

129th Session of the Committee of Ministers (Helsinki, 16-17 May 2019) Meeting for their annual session, over 30 foreign ministers from the 47 member states of the Council of Europe, including Monaco, adopted a Declaration on 17/05/2019, reaffirmi...

UN HRC: Report on the Third Universal Periodic Review - Monaco

At its 40th Session (25/02-22/03/2019), the Human Rights Council adopted on 14/03/2019 the Universal Periodic Review (UPR) outcomes of Monaco (Report of the Working Group on the Universal Periodic Review (A/HCR/40/13) and additional information trans...

Draft law No. 987 relating to the protection of whistle-blowers in the labour relations context

The National Council received the draft law No. 987 relating to the protection of whistle-blowers in the labour relations context, on 21 December 2018. It comes from the law proposal No. 229 adopted in Public Session on 28 June 2017. According to ...

Draft Law No. 980 on the regulation of night work

Received at the National Council on October 22, 2018 Draft Law No. 980 on the regulation of night work of 2 October 2018 follows the law proposal No. 210 on the regulation of night work of 13 December 2013, adopted by the National Council to the P...

Colloque Eurojuris interprofessionnel sur la preuve

10 novembre 2017 (Paris) Participation de Rozenn LE BOHEC ICYK, Anne ROBERT, Olivier SEUROT. • Theoretical and jurisprudential framework of the "right to evidence" • Evidence and business secrecy • The specificities of the law of ev...

L'Observateur de Monaco : Dossier - Reforms: what civil society expects

October 2016 (nb. 157, pp. 56-62) Interview with Thomas GIACCARDI More • Economy/Connected Reforms, Economy/Expand the law of tenders • Labour/Why not boost severance pay? • Trial Process/Functioning of Justice: can do better ...

University Diploma in Monegasque Labour Law (Faculty of Legal Sciences of Montpellier, in partnership with the Association for the Knowledge of the Monegasque Law)

May 20, 2016 (Monaco) Lecture by Thomas GIACCARDI "Actions in the framework of Monegasque labour litigation and investigatory measures"...

 
ipsum Praesent commodo libero non consequat. dolor. mi, nec