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Individual labour relations

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Labour law must be reconciled with a business’s operational constraints and our labour law team advises and supports companies with all issues related to human resource management at an individual level.

Our labour law team will be actively involved from the outset of any employment relationship, which begins when you hire the employee. We advise companies on which type of contract (permanent, short-term or temporary) is best suited to their short, medium and long-term requirements, and which clauses should be included given their business fundamentals and constraints.

Drafting an employment contract is a crucial and complex procedure, as it will bind the parties throughout their entire relationship. This means that it is essential to draft individual contracts suited to the requirements and issues of your specific company (confidentiality agreement, non-compete clause, mobility, bonuses etc). When a contract is well drafted it protects companies from disputes and secures the employment relationship especially in highly competitive sectors or when dealing with sensitive, confidential data.

Our team becomes a key partner for your business, supporting and advising your HR Directors and General Counsel on any issues that may arise during an employment relationship.
We offer targeted expertise in the knowledge that every sector has its own specific internal issues and collective agreements. Areas we cover include all aspects of remuneration and bonus policies, organisation of work, protecting your data and business from competitors etc.

Our team advises and assists companies facing employment disputes. This includes preparing and launching disciplinary proceedings, setting and monitoring employee targets, suspension or breach of an employment contract, amicable settlements or court proceedings.

Penalties are easier to apply if your company has previously adopted internal regulations specifying the procedures and rules best suited to your own business requirements. They must comply with applicable legislation.


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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...
Publication
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...
Publication
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...
Publication
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...
Publication
16/03/2018
Law n°1.457, 12th December 2017, related to harassment and violence at...
The Law n°1.457 of December 12th, 2017, establishes specific offenses for harassment, sexual blackmail and assault in the work place, which are defined as:For the harassment: the fact of submitting knowingly...
Publication
14/02/2018
CMS Guide to Dismissals
In the world of the total glob­al­iz­a­tion, there are still considerable differences in the labour laws of individual countries, caused by their different economic, historical and political contexts. Busi­nesses...
Guide
10/01/2018
CMS On your radar - January 2018
The in­ter­na­tion­al CMS employment group has the pleasure of sharing the fourth edition of On Your Radar publication giving you access to the key employment law developments at your fingertips. Our easy...
Newsletter
20/10/2017
Law No. 1.451 of July 4th, 2017 amending some dispositions relating to...
The assessment of fitness to work and the role of occupational health were redesigned by the legislator, considering the necessary conciliation of the protection granted to employees in respect of their...
Publication
12/10/2017
The impact of the Orders MACRON since the 27th of September 2017 in Monaco
French President MACRON Orders, signed on September 22, 2017 and entered into force on September 23rd, 2017 after publication in the Official Journal in France, were established in order to secure the...
Publication
08/02/2017
Risk of re­qual­i­fic­a­tion of a secondment contract into a permanent contract...
In an interesting case that settled to a final decision, our firm represented an employer at the Labor Court, where the legal situation of an employee seconded to Monaco for an initial length of time...
Publication
11/10/2016
Im­ple­ment­a­tion of a collective redundancy plan in the Principality
The recent development of redundancy plans in Monaco has logically led to a growing jur­is­pru­den­tial framework on this topic. As it previously did regarding the validity of an economic ground behind the...
Publication
25/07/2016
Is Article 11 of Law N°739 of 16 March 1963 related to minimum wages parity...
For many years, Law N°739 related to wages was seen as a contributing factor to social peace in the Prin­cip­al­ity. The application of the wages parity principle, determined in its Article 11, avoided...
Publication