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Teleworking: what the law says                                                                by Milena Radoman




          There is a well-established framework to teleworking and here Monaco Economy explains how it works.



           A framework is imperative         have  equal  treatment,  they  have  the   equipment is €3.76 euros per teleworked
          To set up remote working, an employer   same collective rights, the same career   day.
          must define the methods of execution   opportunities and the same access to   The employer must also «respect the
          in a framework package and send it to   information and training as other employees   privacy of teleworkers and decide upon,
          the Department of Employment for a   of the company.”                    in consultation with them, the time slots
          compliance check. The employer must                                      during which they can be contacted.» In
          inform the staff representatives of the    Where can you telework?      order not to cross the boundary between
          terms of execution. “This system is set up   «People can work from different locations   private life and professional life, it is
          on a voluntary basis within the company.   such as commercially-managed, public   necessary to distinguish between working
          It can also be part of the employee’s   or private workspaces, separate from the   slots and availability time slots, during
          recruitment conditions,» explains the   employer. “Either at home, or in a tele-centre   which teleworker employees must be
          Department of Employment.           or a co-working space,” but beware: «Work   reachable.
                                              performed in a decentralised location   The employer also has the obligation
           Who can benefit from teleworking?  belonging to the employer, or somewhere   “to inform on restrictions on the use
          Any employee residing in the Principality   made available to staff by the employer, is   of  computer  equipment,  electronic
          or in a country having concluded a bilateral   not considered teleworking», indicates the   communication  services  and  on  the
          agreement providing for the maintenance   Department of Employment.      penalties incurred in the event of misuse»,
          of affiliation to the Monégasque social                                  as well as «to take the appropriate measures
          security funds - namely France and Italy    What are the employer’s obligations?  to ensure the protection of data used and
          - can benefit from it. An amendment to   The employer must «bear the costs directly   processed for professional purposes by the
          the initial employment contract must then   generated by the remote activity (hardware,   teleworker. This implies setting up a data
          be signed and the work permit modified.   software, subscriptions, communications,   protection and confidentiality clause, an
          Please note: «teleworking activity cannot   tools, and their maintenance).» The cost   IT charter, information for the teleworker
          exceed two-thirds of the employee’s weekly   of a subscription to a co-working centre   on the legislation and rules concerning the
          working time”, in other words, three days a   is €35 including VAT per day. In the event   protection of data used and processed for
          week for a full-time employee. “Teleworkers   of working from home, compensation for   professional purposes.








































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