Labour law embraces all legal norms governing relationship between an employer and an employee. In particular, it sets out the framework of the formation, implementation and termination of employment contracts and guarantees the rights vested to employees or certain categories of employees.
Even though Monegasque law is generally based on French law, Monaco Labour Law is very specific.
In Monaco, Labour law is not codified. It is based on various scattered texts, which are mainly Act no. 629 of 17 July 1957 regulating the conditions for recruitment and dismissal, Ordinance-Law no. 677 of 2 December 1959 concerning working hours, Act no. 845 of 27 June 1968 on termination and severance pay, Act no. 729 of 16 March 1963 regarding employment contracts and Act no. 739 of 16 March 1963 concerning salary. Due to the limited law and regulation on such matter, case-law also plays a prominent role in this area.
Individual employment disputes fall within the jurisdiction of the Labour Court. The procedure involves two stages: if the parties fail to reach an agreement during the preliminary conciliation before the "Conciliation Board", the case is referred to the "Adjudication Panel" which is responsible for adjudicating on the merits of the case at stake.
Collective employment disputes that cannot be settled either directly or amicably, by application of the provisions of the collective agreements, are subject to conciliation and arbitration provided by Act no. 473 of 4 March 1948.
In view of our broad experience, we regularly work on behalf of both employers and employees in the different areas of Labour law.
- Drafting or reviewing employment contracts,
- Negotiating the formation of employment contracts,
- Drafting internal regulations,
- Organising trade union delegate or staff delegate elections,
- Dealing with disputes between employers and employees,
- Handling termination of employment contracts (dismissal, negotiations during amicable termination, resignation, etc.),
- Negotiating and drafting settlement agreements,
- Drafting social plans and advising on the procedures for collective redundancies,