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Employment & Pensions

CMS has its own team of specialists in Monegasque labour and social security law, advising local and overseas companies, banks and financial institutions on labour-related legal matters. 

We provide litigation services for both summary motions and trials in individual or collective disputes. Our litigation services include:

  • Risk assessment
  • Managing crisis situations
  • Contacts with relevant public authorities
  • Conflict resolution
  • Trials

Our labour law team is also involved in teaching the Monaco Labour Law programme at the University of Montpellier.

CMS has built its reputation in the field of labour law on the solid experience and technical skills of its lawyers, who are in regular contact with Monaco’s government authorities and participate actively in discussions on labour law issues.

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Collective labour relations
Companies are subject to certain obligations relating to collective labour relations, and these can be difficult to understand and put into practice.O
Data protection
The omnipresence of digital use in the workplace gives rise to new problems within companies.Companies face new challenges in the era of digitalisatio
Employee Mobility
The international character of the activity carried out in Monaco in many economic sectors is reflected in the relations maintained by foreign entitie
Individual labour relations
Labour law must be reconciled with a business’s operational constraints and our labour law team advises and supports companies with all issues related
Restructuring & Collective Social Plans
Monegasque companies face a constantly changing economic environment and must regularly adapt if they are to remain competitive.This often involves re
Social audits
Our specialised team can also audit your company to ensure that it complies with all the labour-related regulations applicable in Monaco (legislation,
Teleworking
Digital technology and new management techniques have disrupted the traditional, company-centred ways in which we used to work.Now, and since the adve

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02/11/2022
Whis­tleblower pro­tec­tion and re­port­ing chan­nels in Monaco
1. Is there a law on whis­tleblow­ing in your coun­try? There is cur­rently no uni­fied law on whis­tleblow­ing in Monaco al­though Bill n°987 – re­lated to the pro­tec­tion of whis­tleblowers in the con­text...
Comparable
06/10/2022
CMS Ex­pert Guide to Dis­missals and Ter­min­a­tion of Em­ploy­ment in Monaco
1. Dis­missal of em­ploy­ees 1.1 Reas­ons for dis­missal An em­ploy­er may not dis­miss an em­ploy­ee without a leg­ally val­id cause.Dis­missal may be based on per­son­al grounds (e.g. dis­cip­lin­ary dis­missal, dis­missal...
Comparable
06/09/2022
CMS Ex­pert Guide on dis­crim­in­a­tion in the work­place in Monaco
1. What are the main laws on dis­crim­in­a­tion in the work­place in your jur­is­dic­tion and what type of con­duct does it cov­er? Pur­su­ant to Art­icle 2 of Law n° 729, all em­ploy­ees, re­gard­less of gender, should...
Comparable
09/06/2022
Cre­ation of an an­nu­al right to rest
The European concept of an an­nu­al right to rest first ap­peared in a not­able rul­ing of 22nd Novem­ber 2011 by the European Uni­on Court of Justice (EU­CJ), ac­cord­ing to which paid leave have "a dual pur­pose...
26/05/2022
Schrems II: Re­ac­tions to the judge­ment and the su­per­vis­ory au­thor­it­ies'...
“Schrems II”: Opin­ions of the su­per­vis­ory au­thor­it­ies on Schrems II and re­com­mend­a­tions on the im­ple­ment­a­tion of the judge­ment in in­ter­na­tion­al data trans­fers On 16 Ju­ly 2020, the Court of Justice...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
28/03/2022
Ger­many: Cross-bor­der em­ploy­ee as­sign­ments - li­ab­il­ity for wage tax?
The de­cis­ive factor for wage tax li­ab­il­ity in the in­ter­na­tion­al as­sign­ment of em­ploy­ees is not who pays the wage. For the em­ploy­ee, the ques­tion is: in which coun­try must the in­di­vidu­al pay tax on his...
01/03/2022
Pro­posed man­dat­ory cor­por­ate sus­tain­ab­il­ity due di­li­gence re­quire­ments...
On 23 Feb­ru­ary 2022, the European Com­mis­sion ad­op­ted a long-awaited pro­pos­al for a Dir­ect­ive on cor­por­ate sus­tain­ab­il­ity due di­li­gence for widely-defined spe­cified “com­pan­ies”. The pro­pos­als are wide...
10/02/2022
Anti-money laun­der­ing law & whis­tleblower
Law n°1.362 of 3 Au­gust 2009 on money laun­der­ing, ter­ror­ist fin­an­cing, and cor­rup­tion has sig­ni­fic­antly in­creased the ob­lig­a­tions of eco­nom­ic act­ors re­gard­ing the con­trol of fin­an­cial flows. This law...
13/01/2022
Em­ploy­ment is­sues for in­di­vidu­al em­ploy­ers
Any private in­di­vidu­al be­comes an em­ploy­er once they hire clean­ing, child­care, sick care, garden­ing or ad­min­is­trat­ive as­sist­ance staff, and must there­fore be con­fron­ted with vari­ous is­sues that evolve...
26/11/2021
COV­ID-19 vac­cin­a­tion and test­ing in Monaco - em­ploy­ment law per­spect­ive
Vac­cin­a­tion 1. What op­tions does the em­ploy­er have to en­cour­age em­ploy­ees to be vac­cin­ated? Can the em­ploy­er provide a fin­an­cial in­cent­ive to em­ploy­ees?  Em­ploy­ers can in­form em­ploy­ees of the be­ne­fits...
Comparable
11/11/2021
Over­time work & in­come tax­a­tion
Since 1 Janu­ary 2019, the amounts re­ceived by French em­ploy­ees for work­ing over­time can be ex­empt from in­come tax, up to an an­nu­al ceil­ing of €5,000 net.Due to the COV­ID-19 crisis, this amount was raised...