Teleworking: the draft law has been adopted by the National Council

During its public session of June, 29 2016, the National Council adopted the Bill n°926 related to teleworking.

Teleworking is a form of work organization using information technologies under an employment contract and according to which a work, which could have been normally done on the workplace, is performed outside of it on a regular basis.

The text provides the possibility to implement teleworking from the conclusion of a Monaco employment contract or during its execution, provided that it is limited to two-thirds of the employee’s working time.

The implementation modalities are defined in the text, as well as other measures such as an adaptation of the employer’s managerial powers, the establishment of the principle of equal treatment between teleworkers and other employees, and the establishment of an employment priority for teleworkers wishing to have a position without teleworking within the company.

In any case, teleworking raises several practical issues, among which the review of contracts, data and confidentiality protection, working duration, applicable legislation and respect of privacy.

The employment law team remains available to assist you with all these questions and, analyze, when appropriate, the opportunity and/or risks attached to such specific work organization.

By Sophie Marquet

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