Government seeks to regulate temporary work in Monaco amid concerns over the lack of legal framework
In Monaco, interim employment is prevalent; however, it currently lacks formal legal regulation.
Employers and interim workers are primarily guided by a code of ethics established in 1991 by employment agencies aimed at safeguarding workers' rights.
Despite its existence, this code is largely unknown among local businesses, as indicated by responses from numerous companies that reported a lack of familiarity with the document.
Christophe Robino, the Minister-Counselor for Social Affairs and Health, has acknowledged the code's inadequacies and is advocating for a legislative framework to formalize interim employment practices.
The code has undergone several revisions since its inception, adapting to the evolving landscape of temporary work.
Robino stated that the draft legislation is well advanced but has faced delays, particularly due to the
COVID-19 pandemic.
He plans to consult with various stakeholders in the sector before finalizing the law.
Currently, 14 out of the 17 interim agencies in Monaco are signatories to this code, which outlines acceptable practices for temporary work, including conditions under which interim contracts may be utilized.
Renaud Durand, president of the Monaco Interim Workers' Union, highlighted that concerns about interim employment practices need to be addressed with an effective legal framework rather than relying on the existing, non-binding code.
He noted the critical distinctions between Monaco and neighboring France, where comprehensive legal protections exist for temporary workers under the labor code.
While many interim workers and employers stated that they strive to uphold workers' rights, a disconnect exists between the practical realities of temporary employment in Monaco and the existing ethical guidelines.
Current interim contracts include stipulations regarding pay, end-of-mission compensation, and holiday provisions, but the lack of legal enforceability means these guidelines do not carry the weight of law.
Officials have debated the necessity of formal legislation.
Franck Lobono, National Councillor and chairman of the commission on social interests, has voiced that, despite the absence of formal laws, the status quo is functioning.
However, he acknowledged that the government’s interest in establishing new regulatory frameworks suggests there are underlying issues yet to be addressed.
The conversation around temporary work extends beyond regulations; stakeholders express the need for solutions tailored to Monaco's unique economic environment, rather than adopting frameworks from larger countries.
The interim workforce in Monaco comprised approximately 6,878 individuals in 2023, according to recent statistics.
Discussions between government representatives and industry stakeholders have reportedly begun, though some members of the council assert they have not been formally approached for collaboration on the proposed legislation.
While the goal is to craft a bespoke legal framework that addresses the particularities of Monaco's employment landscape, there is a consensus among stakeholders that simply mimicking larger national laws would not suffice to meet the principality's needs.