Remote Working Legislation, Laws & Regulations in Monaco

Yes, Monaco legislator has issued a Law n. 1.429 dated 4 July 2016 on telework. It defines the telework modality, the conditions necessary to implement it as well as what entitlements are due to employees who telework.

This law was supplemented by a ministerial order whose last version was published on 2 September2016, which essentially provides the contractual provisions necessary for telework. 

The employer must define the general terms and conditions of telework in a specific telework scheme – so-called “dispositif cadre”.

This document, which contains the various telework modalities, must be sent to the Labour Inspectorate, which must then approve them either explicitly, within 2 months as of the communication, or implicitly, which is deemed to have happened if the Labour Inspectorate fails to answer within this timeframe. 

The staff delegates, if any, must then be informed of the content of the “dispositif cadre”.  Further modifications can only be implemented after certain formalities have been completed (gaining the Labour inspectorate’s approval and informing the staff delegates).

Once implemented, the use of telework by an employee requires a specific clause in his/her contract (or a specific rider), which must contain statutory provisions defined by a ministerial order.

For each employee, the telework modality and place of performance must be declared to the employment services in charge of the work permits.

No, telework relies on the agreement of both the employer and the employee concerned. The Law specifically states that refusal from an employee to telework for part of his/her duties is not a valid ground for terminating the contract.

No, telework is only possible if both parties agree, which is then reflected in the employee’s employment contract (or a specific rider).

The employer is bound to bare the costs of the necessary equipment and supplies, and any costs directly incurred by the telework activity, notably in terms of software, subscription, communication tools and their maintenance.

Yes, the employer must reimburse the cost of any professional expense incurred due to telework, plus any usual reimbursement of professional cost that the employee would incur, just as with any other employee.

The law expressly states that teleworking employees have the same collective rights as all other employees. Any collective benefit, such as lunch vouchers for example should be provided the same way to teleworking employees.

Apart from the duty to reimburse professional costs related to telework, the law does not provide for any other specific allowance for working from home. However, the Ministerial order refers separately to indemnifying the employee for using his/her home as a place of work. In practice, this is generally dealt with in the “dispositif cadre”. 

The employer remains responsible for the employee’s health and safety. It must notably define in the employment contract clause, the modalities through which this protection is ensured, notably by including any relevant information related to workstation ergonomics.

The employer must notably:

• set the same requirements for a teleworking employee, in terms of hours and days worked, workload, and expected productivity;
• control the employee’s working time (hours and days);
• organize an individual interview with the employee each year, which would be expected to cover the teleworking conditions;
• determine in consultation with the employee, the timeslots during which he/she may be reached (in order to protect his/her right to privacy).

Yes, and he/she must provide the employer with a certificate of insurance coverage. The employer also needs to ensure that the risks related to the use of the company’s equipment in the employee’s home is duly covered, either by entering into a specific insurance contract to that end or by reimbursing any insurance fees the employee incurs for that purpose.

Compared to other countries such as France, there is no legal presumption that an accident occurring at home during working hours is necessarily a work accident. But, in Monaco, teleworking employees benefit from the same protective provisions related to work accidents as any other employee. Indeed, the law qualifies as a work accident any accident occurring due to work regardless of where it is performed.

No those cannot be deducted from the amounts owed due to telework.

None.

There has been no new legislation on the subject since 2016 and no change is currently being contemplated

The use of telework for employees residing in France is covered by a social security agreement between France and Monaco.

A similar agreement was entered into between Monaco and Italy but the agreement has not yet come into force. The use of telework by Italian residents working in Monaco is still uncertain and currently still relies on the derogatory provisions implemented in relation to the Covid crisis.