The Teleworking Act No. 1429 of July 4, 2016 came into effect on July 16, 2016 in accordance with public policy rules.
In the absence of bilateral agreements on social security with other countries, teleworking can be only be carried out, for the moment, in the Principality and in France. Discussions with Italy are still ongoing.
It consists of performing regular work outside of the employer’s place of business, with the use of information technology, to the extent of two-thirds of the total working time.
Prior to the introduction of teleworking in the company, the employer must:
- Inform staff representatives of organizational arrangements and implementation of the teleworking project, as set out in Article 2 of the Ministerial Decree 2016-425 of 1 July 2016
- Send these by registered letter with acknowledgment of receipt to the Director of Employment
Teleworking can be implemented upon receipt of the declaration of conformity from the Department of Employment or, in the absence of any answer, after the period of two months.
Teleworking must then necessarily be agreed in writing between the employer and the employee concerned or by the initial employment contract or by an amendment to it, which shall include the mandatory provisions listed in Article 1 Ministerial Decree No 2016-425 of 1 July 2016.
The introduction or termination of teleworking must be declared to the Employment Office in order to update the work permit or the employment declaration.
The termination of the amendment to the employment contract may take place at the request of either party by registered letter with acknowledgment of receipt, within six months of signing, with a notice period of one month.
In all other cases, any issues arising concerning teleworking require the agreement of both parties.
The Act affirms the principle of equal treatment between teleworkers and employees working exclusively on the premises of the employer, both in terms of individual rights and in terms of collective rights. It also stipulates specific obligations of the employer with regard to teleworkers.
The Act No. 1429 strengthens the provisions of Article 9 of Act No. 1.144 of 26 July 1991 on the exercise of certain economic and legal activities. If the company does not have the premises or staff enabling effective activity in Monaco, the Minister of State may withdraw, suspend or revoke the administrative authorization given.
Non-compliance with certain provisions of the Act is punishable by a fine.