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CMS Monaco: The new reality of employment –

how to avoid a crisis?

Monegasque employers are facing new
challenges, in particular workers’ quest for
“meaning”, ecological awareness, and flexibility.

Sophie Marquet (Avocat Associé | Partner)
and Sophia Bernardi (Advanced Associate)
from CMS Monaco provide readers of Monaco
1
Economie with an overview of solutions available

to support companies in tackling the changes © CMS
taking place in the world of work. Sophia Bernardi, Advanced Associate

In the United States, thirty-eight million increasing the workload for employees who since a vast majority of them face transport
employees left their jobs in 2021 giving rise remain in employment. difficulties commuting to Monaco.
to what’s come to be known as the “Great Tailored to the type of duties concerned, and Structuring this system will thus rationalise
resignation” - a symbol of dissatisfaction in provided that the legal conditions, in particular recourse to teleworking, in keeping with the
the post-pandemic world of work. for secondment, are met, temporary work needs of the business, while meeting the
With four hundred thousand resignations in or secondment from another entity may be new demands of employees in terms of work
the last quarter of 2021, this phenomenon relevant solutions to buy time and ensure flexibility as well as ecological commitment.
has not spared French employees, who make the work goes on while a more sustainable Flexibility is also understood in the broader
up the vast majority of workers in the private organisation structure is put into place. sense and can be applied to other aspects such
sector in Monaco. as working hours, working time and duties of
Employees’ quest for “meaning”, ecological Re-instil flexibility, the key to smooth the position.
awareness, and the desire for more flexible work management whereby crises can be The signing of an employment contract for new
modalities – whether in terms of working hours, anticipated and overcome hires, or the drawing up of job descriptions for
work duties, responsibility or workplace – are existing employees, are some of the tools that
profoundly changing the challenges and issues The first thing that comes to mind of course is can be used to address all these problems and
Monegasque employers are facing too. What was geographical flexibility, with teleworking, which anticipate difficulties.
still considered as “future work trends” before no longer needs an explanation. Such an approach can be an effective means
the pandemic have now become an imperative At the end of 2021, Monaco had 1,911 to remotivate workers by facilitating internal
to remain competitive in the recruitment of teleworkers under Law 1.429 of 4 July 2016. mobility, thus meeting their quest for a deeper
employees and their retention over the long term. This is an increase of 48.10% compared to meaning and work-life balance as well as their
However, for employers who have a good 2020, the year of lockdowns and of the special quest for a challenge.
understanding of the schemes available under remote working arrangements. Above all, if such flexibility can reconcile
Monegasque law, this changing reality in Although the legal use of teleworking concerned the interests of employees with those of the
employment is a real opportunity to rethink and only a very small percentage of Monegasque company, it will serve the needs of the business
rationalise their human resource management workers in 2021 (just over 3%), this mode of and reduce the risk for the employer of later
and the needs of their businesses. work is over time becoming a key subject of having to undertake a major restructuring of
discussion about new hires, and one of the the business, not to mention job cuts, which
Temporary employment and secondment demands of existing employees, especially is strictly regulated by law as well as case-law.
as stop-gap solutions to absorb unplanned
departures and recruitment difficulties

The threat of unforeseen departures, coupled
with recruitment difficulties affecting certain
sectors or types of positions in particular, can
be a real headache for employers, and can
significantly impact working conditions by
1. CMS Pasquier Ciulla Marquet Pastor Svara & Gazo, Avocats Associés

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